#284 How Do We Measure Innovation? The Economic Analysis of the Impact of M&A on Innovation in the Pharmaceutical Industry
Release Date: 07/29/2024
#311 What Will Happen to Competition Law Enforcement in Mexico? Implications of the November 2024 Reforms
Our Curious Amalgam
The independent Mexican competition law regulator, COFECE, has been abolished and absorbed into the Ministry of Economics. What does this mean for merger control and competition law enforcement in Mexico? Lucia Ojeda Cárdenas, lawyer at SAI Law & Economics in Mexico City, joins Matthew Hall and Subrata Bhattacharjee to discuss this dramatic reform to the Constitution of Mexico. Listen to this episode to learn more about the timing of the changes, the structure of the new agency and implications for Mexican and foreign companies operating in the country. With special guest: Lucia Ojeda...
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#310 What Do Enforcers Say? A Global Perspective on Antitrust Issues Involving Cloud Computing & Infrastructure
Our Curious Amalgam
Regulators around the world have raised antitrust concerns over concentrated control of key inputs into AI development and deployment, with access to cloud computing as one area of focus. What are the key concerns and proposed actions? A panel of experts from Argentina, Brazil, and the U.S. speak with Koren Wong-Ervin and Anora Wang on thoughts on the theories of harm, as well as possible efficiencies and benefits to various business arrangements and other conduct. Listen to this episode to hear from Gustavo Augusto Freitas de Lima (Commissioner of Brazil’s CADE), Alexis Pirchio (President...
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#309 Can You Click, Cancel, and Comply? How the FTC Is Unsubscribing Businesses From Deceptive Practices
Our Curious Amalgam
The FTC’s new “Click-to-Cancel” rule is reshaping consumer protection and compliance in the subscription economy. But what challenges and opportunities does this regulation present for businesses? Panos Dimitrellos and Jaclyn Phillips explore these issues with guest Christi Lawson, partner at Foley & Lardner, discussing the rule’s legal, economic, and behavioral implications, as well as potential penalties for non-compliance. Listen to this episode to learn more about how this pivotal rule impacts businesses, consumers, and the broader regulatory landscape. With special guest:...
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#308 What Makes a Compliance Program Effective? The DOJ’s Updated Corporate Antitrust Compliance Program Guidance
Our Curious Amalgam
The U.S. Department of Justice Antitrust Division recently updated its guidance regarding the division’s “Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations.” What are the key changes? In this episode, Alicia Downey and Anora Wang talk to Emma Burnham, Antitrust Division Director of Criminal Enforcement, about how prosecutors assess the effectiveness of corporate antitrust compliance programs against the backdrop of the increasing utilization of artificial intelligence and ephemeral messaging technology. Private practitioner Tee St. Matthew-Daniel of Paul...
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#307 Will the Past Be the Future? Looking Back at 2024 and Forward to 2025
Our Curious Amalgam
Happy New Year to OCA listeners everywhere! Antitrust was a hot topic in 2024, and it's poised to get even hotter in 2025. In Our Curious Amalgam's year-end special episode, six of our regular hosts offer their perspectives on 2024's notable developments and trends in criminal antitrust enforcement, monopolization and merger challenges, international competition law, consumer protection, and data privacy. Listen to practitioners' insights regarding the emerging topics and themes of the coming year that will no doubt be featured in future OCA episodes. With special guests: Brendan Coffman,...
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#306 How Do I Make a Competition Law Complaint in India? A Practical Discussion About Approaching the CCI
Our Curious Amalgam
India is now one of the most important competition law jurisdictions in the world. With direct court action against anti-competitive practices not an option, how can a third party seek to persuade the Competition Commission of India to become involved? Abir Roy, partner and co-founder of Sarvada Legal, joins Matthew Reynolds and Matthew Hall to discuss the underlying rules and practical issues involved in bringing an information (complaint) before the CCI. Listen to this episode to learn more about precedent cases, the evidence required, the various stages of an investigation, timeframes,...
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#305 Is It Fair? The FTC’s Policies and Enforcement Actions on Unfair Methods of Competition Under Section 5
Our Curious Amalgam
The FTC's unfair competition enforcement policy under FTC Act Section 5 has frequently been in the headlines the past two years. What is the history of Section 5 enforcement and how has the Commission utilized this tool since issuing its 2022 Policy Statement on unfair methods of competition? Hosts Jeny Maier and Sergei Zaslavsky explore the many aspects of Section 5 unfair competition enforcement with guest Dan Graulich. Listen to this episode to learn about the past, present, and potential future of the FTC's unfair competition enforcement policy. With special guest: Daniel Graulich, Baker...
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#304 Is Per Se Here to Stay? Criminal Antitrust Cases Beyond United States v. Brewbaker
Our Curious Amalgam
In the U.S., so-called "per se" antitrust crimes require nothing more than proof that the conduct occurred, relieving prosecutors of the difficult job of proving harm to competition. Is the Fourth Circuit's 2023 opinion in U.S. v. Brewbaker part of a growing judicial trend toward limiting the prosecution of per se cases? Ann O'Brien, the co-leader of Sheppard Mullin’s Antitrust and Competition Practice Group, joins Alicia Downey and Brendan Coffman to talk about Brewbaker and its implications for applying the per se standard in criminal antitrust actions. Listen to this episode to hear about...
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#303 You’re Charging Me How Much? A Discussion of Personalized and Surveillance Pricing
Our Curious Amalgam
With the greater availability of data and algorithms, firms in today's digital age are increasingly generating prices or price recommendations based on individual consumers' personal characteristics and behaviors. Does this benefit or harm consumers, and how should policymakers respond? Sanjog Misra, a Professor of Marketing and Applied AI at the University of Chicago and thought leader on personalized pricing, joins Sergei Zaslavsky and Rubin Waranch to discuss competition and consumer protection perspectives on personalized pricing, as well as policy implications and lessons still to be...
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#302 Are the Critics Wrong? How the Robinson-Patman Act Has Been Misunderstood by Its Detractors
Our Curious Amalgam
The Robinson-Patman Act (RPA) has a long, controversial history within U.S. antitrust law and economics. In this episode, Mark Poe, an attorney who specializes in RPA litigation, discusses the RPA with hosts Puja Patel and Aaron Yeater. Mark and the hosts explore Mark's view that traditional critics of RPA are incorrect, which he first presented in a recent article in Antitrust Magazine. With special guest: Mark Poe, Partner, Gaw Poe LLP Related Links: Hosted by: Puja Patel, A&O Shearman US LLP and Aaron Yeater, Analysis Group, Inc.
info_outlineWhen analyzing the competitive effects of a proposed transaction, the U.S. antitrust agencies may attempt to define and assess the potential loss of innovation in a relevant market. But what exactly is "innovation," and how can potential losses (or gains) in innovation be measured? In this episode Alicia Downey and Lijun Zhang speak with Cornerstone Research economist Penka Kovacheva about how economists are attempting to measure the impact of mergers on innovation, with a focus on the pharmaceutical industry. Listen to this episode to learn about whether any of these attempts have been successful and why there is much more work to be done.
With special guest:
Penka Kovacheva, Vice President, Cornerstone Research
Related Links:
Hosted by:
Alicia Downey, Downey Law LLC and Lijun Zhang, Freshfields Bruckhaus Deringer LLP