#305 Is It Fair? The FTC’s Policies and Enforcement Actions on Unfair Methods of Competition Under Section 5
Release Date: 12/23/2024
#350 What’s the Deal With Reverse Acquihires? Considering Antitrust and HSR Implications
Our Curious Amalgam
Reverse acquihires are turning traditional merger dynamics on their head, raising fresh questions for dealmakers and regulators alike. But what exactly are the antitrust and HSR implications when talent, not technology or assets, drives the transaction? Sam Weinstein, Professor of Law at the Benjamin N. Cardozo School of Law, joins hosts Lexi Michaud and Anant Raut to unpack how reverse acquihires fit within existing merger frameworks, what, if anything, triggers reporting obligations, and where enforcement agencies may focus next. Listen to this episode to learn more about how shifting deal...
info_outline
#349 What’s the Price Tag on Privacy? Turning Data Leaks Into Dollar Figures
Our Curious Amalgam
Privacy litigation in the U.S. is at an all-time high owing in part to the growing body of privacy laws, particularly at the state level. But are there unique challenges associated with litigating privacy breaches? Dr. Andrew Stiver joins Jaclyn Phillips and Alysha Pannu to discuss privacy harms and how economic harm is measured for these harms. Listen to this episode if you want to learn more about how privacy harms are quantified in the context of litigation. With special guest: Dr. Andrew Stivers, Managing Director, NERA Hosted by: Jaclyn Phillips, White & Case and Alysha Pannu,...
info_outline
#348 Why Some Retail Deals Get Deeper Scrutiny? An Examination of Retail Merger Review and Analysis
Our Curious Amalgam
In recent years, retail mergers have gotten more attention as consumers have grown more concerned with consolidation and how that impacts their pocketbooks. While antitrust enforcers scrutinize all retail mergers, not all have gotten a deeper look. How do enforcers decide which retail deals require deeper scrutiny? Emily Blackburn, Counsel at King & Spalding, and Laura Onken, Counsel at Axinn discusses their observations and insights on how enforcers analyze retail deals with Amanda Hamilton and Anora Wang. Listen to this episode to learn about how enforcers evaluate market definition and...
info_outline
#347 Where Do We Draw the Line? The Intersection of the First Amendment and Antitrust Under the Noerr-Pennington Doctrine
Our Curious Amalgam
The Noerr-Pennington doctrine is rooted in the First Amendment, and exempts certain activities involving petitioning the government from the normal rules of antitrust enforcement. But where do we draw the line on what activity is and is not protected? Abraham Chang, partner at Norton Rose Fulbright, joins Derek Jackson and Sergei Zaslavsky to discuss the Noerr-Pennington doctrine's roots, its limits, and how it gets applied (and sometimes litigated) in practice. Listen to this episode to learn more about this important, but perhaps less well understood, doctrine. With special guest: Abraham...
info_outline
#346 Who Is Elizabeth Odette? Meet the Chair of NAAG's Multistate Antitrust Task Force
Our Curious Amalgam
State attorneys general are playing an increasingly important role in investigating and challenging antitrust violations that affect their constituents. In this episode, co-hosts James Hunsberger and Alicia Downey find out what the National Association of Attorneys General's Multistate Antitrust Task Force has been up to under the leadership of Task Force Chair Elizabeth Odette of the Office of the Attorney General of Minnesota. Listen and learn how the Task Force has been helping states save resources and improve outcomes by coordinating their antitrust efforts and priorities. With special...
info_outline
#345 Who Is Renata Hesse? Meet the 2025-26 Antitrust Law Section Chair
Our Curious Amalgam
August marks the beginning of a new ABA Antitrust Law Section year under the leadership of a new Chair. In this episode, co-hosts Anora Wang and Alicia Downey talk with Sullivan & Cromwell partner Renata Hesse, a longtime Section leader whose term as Chair began in August 2025. Our other featured guest is Renata's colleague Dan Richardson, who supports Renata as Counsel to the Chair. Listen to this episode to hear about Renata's priorities and goals for the 2025-26 year, and her commitment to ensuring that the Section serves as a forum for open dialogue and civil debates. With special...
info_outline
#344 What Happens When Antitrust Lawyers Form a Bar Band? Behind the Music of Side Hustle
Our Curious Amalgam
Antitrust lawyers by day, rock stars by night. Who are the members of Side Hustle, the Antitrust Law Section’s unofficial house band? They include prominent members of the antitrust law community, with more than a century of combined experience working in government, private practice, and academia. In this episode we’ll learn what has kept Side Hustle rocking on for the past several years and why the members can't wait to play at the 2026 Spring Meeting. With special guests: Daniel Francis, Associate Professor of Law, NYU Law School D. Bruce Hoffman, Partner, Cleary Gottlieb Steen &...
info_outline
#343 FTC v. DOJ: Who Wore It Better?
Our Curious Amalgam
Why does the U.S. have two antitrust enforcement agencies—and how do they really differ in practice? In this episode, Puja Patel and Barry Nigro are joined by Debbie Majoras, former FTC Chair and former Deputy Assistant Attorney General at the DOJ Antitrust Division, to explore the procedural, cultural, and strategic distinctions between the FTC and DOJ. From procedural standards to enforcement style, merger review processes, and even remedy structures, Debbie reflects on her leadership experience at both agencies and offers practical insights for practitioners navigating the divide. Tune in...
info_outline
#342 Can Antitrust Be More Innovation-Centric? An Economic Conversation With Professor Richard Gilbert
Our Curious Amalgam
Innovation is central to long-term economic welfare and deserves greater emphasis in antitrust policy. But can U.S. antitrust law be reshaped to be more innovation-centric? Professor Richard Gilbert joins hosts Anora Wang and Panos Dimitrellos to examine the relationship between competition and innovation, how agencies and courts have recently treated innovation, and practical tools for assessing innovation effects in mergers and conduct cases. Listen to this episode to learn more about navigating the shift toward an innovation-centric antitrust regime, the empirical methods that can reveal...
info_outline
#341 How Should Killer Acquisitions Be Assessed? A Discussion With Professor Nicolas Petit
Our Curious Amalgam
Merger control regulators in the EU and around the world continue to focus on killer acquisitions. But is this concern justified in the digital sector? Professor Nicolas Petit, a leading competition law academic, joins Matthew Hall and Blair Matthews to discuss the Antitrust Law Journal article on the subject he co-authored and killer acquisitions generally. Listen to this episode to learn more about the methodology behind and findings in the paper and why the concerns on this issue may not be justified. With special guest: Professor Nicolas Petit, Professor, European University Institute;...
info_outlineThe 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 & McKenzie LLP
Related Links:
The FTC's Section 5 Initiatives: Where Things Stand Under the Biden Administration
Hosted by:
Jeny Maier, Axinn, Veltrop & Harkrider LLP and Sergei Zaslavsky, O’Melveny & Myers LLP