#369 Back To Form or Back to the Drawing Board? How To Navigate the Decision Vacating the New HSR Rules
Release Date: 03/16/2026
Our Curious Amalgam
Vertical merger review has long rested on the principle that competitive harm is most likely when a merged firm has both the ability and incentive to foreclose rivals, yet courts and enforcers often struggle to establish that harm empirically. But can potentially anticompetitive vertical integrations be screened in advance using observable market characteristics? Charles Hodgson, Assistant Professor of Economics at Yale University and Faculty Research Fellow at the NBER, and Shilong Sun, Senior Economist at Compass Lexecon, join Anora Wang and Panos Dimitrellos to discuss how evidence from the...
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AI is transforming all areas of legal practice. But what are the special issues in antitrust? Daniel Schwarz, CEO and Founder of CompetitionAI and a former antitrust attorney at Clifford Chance and the IMF, joins Matthew Hall and Alysha Pannu to discuss the use of AI in antitrust now and in the future and its impact on lawyers and competition authorities. Listen to this episode to learn more about CompetitionAI and the impact of AI on antitrust practice and enforcement. With special guest: Daniel Schwarz, co-founder, CompetitionAI Related Links: Hosted by: Matthew Hall,...
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Are you as AI fluent as you should be? The American Bar Association's "21 Days of AI: A Grit and Growth Mindset Challenge" is a free online resource that offers a path toward becoming adept in the use of AI to enhance legal practice and professional development. In this episode, hosts Alicia Downey and James Hunsberger speak with legal innovation strategist and "21 Days of AI" co-author Gabrielle Kohlmeier about the origins of the Challenge and how closing the AI knowledge gender gap was a key driver of the project. Listen and learn how the "21 Days of AI" can level the AI fluency playing...
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What have been the latest competition law developments across the Middle East and Africa in the last year? Nicolas Bremer and John Oxenham join Matthew Hall and Jeny Maier to discuss new filing regimes, agency priorities and hot topics for competition law compliance in jurisdictions across the Middle East, COMESA, and South Africa. Listen to this episode to get up to speed on what to know about these rapidly developing and evolving jurisdictions. With special guests: Nicolas Bremer, Partner, Bremer Law Firm and John Oxenham, Partner, Primerio Hosted by: Matthew Hall,...
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Recently, the role of lobbying in M&A has become the talk of the antitrust bar in current administrations in the U.S. and in other jurisdictions. But what about the related discipline of public affairs? Nat Wood, Managing Director of Rational 360, a strategic communications, public affairs, and crisis management firm, joins Jeny Maier and Puja Patel to discuss what's involved in crafting a public affairs strategy to support an M&A deal and how the playbook is changing in the current administration. Listen to this episode if you want to learn more about the tools of the trade for...
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What is happening in competition enforcement in Austria and Switzerland? Lukas Cavada, Executive Director for International Affairs at Austria’s Federal Competition Authority (BWB), joins Anora Wang to discuss the BWB’s most significant accomplishments over the past year, key competition enforcement developments in Austria, and the evolving challenges facing competition authorities in an increasingly global marketplace. Next, Dr. Laura Melusine Baudenbacher, President of the Swiss Competition Commission (ComCo), speaks with Anora Wang on ComCo’s unique structure, key recent legal changes...
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The analysis of mergers in the EU and UK is adapting to take account of a changed worldwide geo-political and trade context. But what does this mean in practice? Stuart Hudson, co-lead of Brunswick’s global regulatory practice, joins Matthew Hall and James Hunsberger to discuss the European Commission's draft new EU Merger Guidelines and changes in the UK. Listen to this episode to learn more about what is in the draft EU guidelines, why the changes have been made, the UK's new approach, a prediction on EU/UK convergence or divergence and the risk of politicisation of merger control. With...
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The OECD's Competition Division carries out the organisation's work on worldwide competition law, policy and enforcement. But what does this mean in practice? Ori Schwartz, Head of the Competition Division, joins Matthew Hall to discuss the Division's activities. Listen to this episode to learn more about the Division's recent and upcoming focus areas. With special guest: Ori Schwartz, Head, OECD Competition Division Related Links: Hosted by: Matthew Hall, McGuireWoods
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What are the latest trends and developments in competition law enforcement in Ireland, Brazil, and Paraguay? Geoffrey Gray of the Irish Competition and Consumer Protection Commission (CCPC), joins Lexi Michaud to discuss his agency's efforts to refine merger analysis and enhance competition in Ireland's taxi and ride-sharing sector. Brazilian CADE President Gustavo Augusto speaks with Matthew Hall about how his agency has been deploying AI to analyze market data and identify possible cartel activity. Finally, Eduardo Barros, President of Paraguay's CONACOM, talks to Alicia Downey about how his...
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Benchmarking and information sharing can be procompetitive, but modern data tools can also make it easier for rivals to coordinate on prices. But when does benchmarking cross the line into unlawful antitrust conduct? Norman Lee Morris, Attorney for Mississippi Attorney General, joins Panos Dimitrellos and Alysha Pannu to discuss the evolution of antitrust enforcement, the economic risks posed by real-time algorithmic pricing and data aggregation, and what recent cases like RealPage and Agri Stats reveal about enforcement priorities. Listen to this episode to learn more about how antitrust law...
info_outlineIn February 2025, new rules for the pre-merger notification requirements in the U.S. came into effect. But will a February 2026 court decision undo these changes? Daniel Rosenthal, partner at Kirkland & Ellis, joins Jaclyn Phillips and Lexi Michaud to discuss a decision vacating the new rules, the subsequent appeal, and what might happen next. Listen to this episode to learn more about how to navigate merger filings in an uncertain time.
(Since this episode was recorded, the Fifth Circuit denied the FTC’s motion to stay the decision vacating the new HSR Rules. On March 19, 2026, the Premerger Office announced that the Commission is now accepting HSR filings using the Form and Instructions that were in place before the February 10, 2025, effective date of the new rule. As always, continue to follow the case and consult a lawyer for any legal advice.)
With special guest:
Daniel Rosenthal, Partner, Kirkland & Ellis
Related Links:
OCA #297 - HSR You Kidding Me? Unpacking the New Requirements for Merging Parties in the U.S.
Hosted by:
Jaclyn Phillips, Proskauer Rose and Lexi Michaud, Fried Frank