#367 How Do States Make Independent Judgment in Merger Review? The Tunney Act and HPE–Juniper
Release Date: 03/02/2026
Our Curious Amalgam
States have become increasingly active participants in merger enforcement, often conducting independent analyses and, at times, intervening alongside federal agencies in high-profile cases. What goes into states’ analyses and decisions to intervene? Anthony Mariano, Chief of the Antitrust Division at the Massachusetts Office of the Attorney General, speaks with Lexi Michaud and Anora Wang about how states approach merger enforcement in parallel with the DOJ and FTC, the importance of independent state scrutiny, and, using the HPE–Juniper transaction to guide the discussion, how the Tunney...
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State attorneys general are taking a more active role in merger control, with Colorado and Washington leading the way on new “mini-HSR” notification regimes. What do these new state pre-merger filing laws require, and how should companies and practitioners navigate them alongside the federal Hart-Scott-Rodino Act? Assistant Attorneys General Paula Pera Czollak and Bryn Williams join hosts Puja Patel and James Hunsberger to discuss the origins of the Uniform Antitrust Pre-Merger Notification Act, lessons from the first months of filings in Colorado and Washington, key interpretive questions...
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China’s antitrust regime has evolved rapidly over the past decade. What role does economic analysis play in the actual enforcement? Anora Wang and Kathleen Hu speak with Dr. Vanessa Zhang of Compass Lexecon about the growing role of economic analysis in Chinese competition law, drawing on her experience advising China’s antitrust authority and serving as a testifying expert in high-stakes cases. The conversation explores how economic evidence is developed, evaluated, and increasingly relied upon in China’s evolving antitrust regime. With special guest: Vanessa Zhang, Executive Vice...
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Businesses are increasingly considering the use of generative AI for work that historically relied on human creativity, including in the area of marketing and advertising. But can ads made with gen AI really be more effective than human-created ads? Professor Vilma Todri of Emory University Goizueta Business School joins Kathleen Hu and Jaclyn Phillips to discuss her recent research on the impact of visual generative AI on advertising effectiveness. Listen to this episode to learn more about how gen AI is being used in advertising and the implications for ad effectiveness and AI disclosure...
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In 2006, various parties came together to form Brazil’s Amazon Soy Moratorium in an effort to curb illegal deforestation in the Amazon Rainforest. Today, challenges regarding Brazil’s Soy Moratorium continue to mount, with passionate advocacy from farmers, environmentalists, government agencies, and international organizations. What might seem a cut-and-dry conflict between free enterprise and environmental conservation becomes more complicated when we delve deeper. With an antitrust cartel investigation in limbo, a pseudo-private agreement to arguably higher deforestation standards than...
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The past few years have been a critical time in the development of data privacy laws and the regulation of AI in the United States. As we look toward 2026, the complexities are only increasing. In this episode, the Antitrust Law Section's Privacy and Information Security (PRIS) Committee joins forces with OCA to focus on the highlights of 2025 and predictions for 2026. Hosts Alicia Downey and Anora Wang talk to PRIS Committee vice chairs Jessica Cohen of Verizon Communications and Alex Brown of Alston & Bird about why the next 12 months could redefine how AI and data privacy are regulated...
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The UK merger control regime is undergoing procedural and substantive changes. What is happening and what should practicioners know? John Schmidt, solicitor at Arnold & Porter in London, joins Matthew Hall and Jaclyn Phillips to discuss the changes introduced by the UK Competition and Markets Authority's (CMA) and the UK government. Listen to this episode to learn more about new CMA jurisdictional and procedural guidance, a strategic reform of UK merger remedies and institutional changes to phase 2 merger reviews. With special guest: John Schmidt, partner, Arnold & Porter Related...
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Blockchain and cryptocurrency promised to decentralize modern financial markets to take market power away from centralized financial intermediaries. But have they lived up to this promise? Hanna Halaburda, Associate Professor of Technology, Operations, and Statistics at NYU, joins Panos Dimitrellos and Christina Ma, to break down the layers of blockchain and the competitive forces and dynamics in these markets. Listen to this episode to learn more about the intersection of blockchain, crypto and antitrust. With special guest: Hanna Halaburda, Associate Professor of Technology, Operations, and...
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Billions have been claimed under the UK competition law opt-out collective actions regime since its introduction in 2015. What issues are faced by class members, class representatives and defendants? Jeremy Robinson, solicitor at Harcus Parker in London, joins Matthew Hall to discuss the regime. Listen to this episode to learn more about how it is structured, funding issues, the first damages award and the UK government's call for evidence on its operation. With special guest: Jeremy Robinson, partner, Harcus Parker Related Links: Hosted by: Matthew Hall, McGuireWoods
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Computational methods are increasingly used by competition law regulators worldwide. But what are these and can companies also take advantage? Todd Davies, PhD candidate in competition law at University College London, joins Matthew Hall and Anora Wang to discuss the issues raised by the use of computational antitrust. Listen to this episode to learn more about the pros and cons of adoption by regulators, new tools available to companies, possible responses by regulators and key takeaways for practitioners and companies. With special guest: Todd Davies, University College London Related...
info_outlineStates have become increasingly active participants in merger enforcement, often conducting independent analyses and, at times, intervening alongside federal agencies in high-profile cases. What goes into states’ analyses and decisions to intervene? Anthony Mariano, Chief of the Antitrust Division at the Massachusetts Office of the Attorney General, speaks with Lexi Michaud and Anora Wang about how states approach merger enforcement in parallel with the DOJ and FTC, the importance of independent state scrutiny, and, using the HPE–Juniper transaction to guide the discussion, how the Tunney Act promotes transparency and public interest oversight of federal settlements.
With special guest:
Anthony Mariano, Antitrust Division Chief, Massachusetts Office of the Attorney General
Hosted by:
Lexi Michaud, Fried Frank and Anora Wang, Arnold & Porter