Our Curious Amalgam
Our Curious Amalgam explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in those areas. It is an amalgam because it is a group of diverse topics all in one place. It is curious because it gets the experts and asks them in-depth questions.
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#270 Want To Be an Antitrust Scholar? Meet the ABA’s International Scholar-in-Residence
04/22/2024
#270 Want To Be an Antitrust Scholar? Meet the ABA’s International Scholar-in-Residence
Many practitioners wonder what it would be like to be an academic, diving deeply into the leading international legal and policy issues at the forefront of antitrust and competition law. But what does an academic researcher do all day? Natalia Moreno Belloso, one of the ABA Antitrust Law Section's International Scholars-in-Residence, joins Jeny Maier and Anora Wang to discuss her research on conflicts between competition values and non-competition values in digital markets. Listen to this episode if you want to learn more about the life of an academic researcher and the latest trends in digital market regulation. With special guest: Natalia Moreno Belloso, European University Institute Related Links: Hosted by: Jeny Maier, Axinn, Veltrop & Harkrider LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP
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#269 What’s New in Antitrust and Tech? Unpacking United States v. Apple
04/15/2024
#269 What’s New in Antitrust and Tech? Unpacking United States v. Apple
On March 21, 2024, the United States Department of Justice and sixteen Attorneys General sued Apple, alleging that “Apple undermines apps, products, and services that would otherwise make users less reliant on the iPhone, promote interoperability, and lower costs for consumers and developers.” In other words, many of the DOJ and AGs’ allegations boil down to lock in - that is that the features chosen by Apple lock in developers and users to stay in Apple’s ecosystem by making it harder to switch or jump between platforms. We discuss the case and the claims advanced, and what it might mean for antitrust enforcement, tech, and consumer experiences. With special guest: Stephen Calkins, Professor of Law, Wayne State University Law School Related Links: Hosted by: Jana Seidl, Baker Botts LLP and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP
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#268 Bringing Big Tech to Heel? Compliance Day Under the EU Digital Markets Act
04/08/2024
#268 Bringing Big Tech to Heel? Compliance Day Under the EU Digital Markets Act
The EU Digital Markets Act introduces a radical change to regulation of the digital sector in the EU. But what does it require and what have the designated "gatekeepers" been doing to ensure compliance? Aleksandra Zuchowska, Competition Policy Manager at CCIA in Brussels, appearing in her personal capacity, joins Matthew Reynolds and Matthew Hall to discuss the DMA and its impact. Listen to this episode to learn more about the principles underpinning the DMA, its requirements, the compliance steps being taken, the act's impact on choice, innovation and online safety, the compliance workshops in Brussels and next steps. With special guest: Aleksandra Zuchowska, Competition Policy Manager, Computer & Communications Industry Association, Brussels (personal capacity) Related Links: Hosted by: Matthew Reynolds, Huth Reynolds LLP and Matthew Hall, McGuireWoods London LLP
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#267 Dial L for Liability? Evolving Restrictions on Telemarketing to Consumers
04/01/2024
#267 Dial L for Liability? Evolving Restrictions on Telemarketing to Consumers
Anyone with a phone number understands how annoying it is to receive unsolicited promotional voice calls and text messages. For that reason, telemarketing and telephone sales practices in the U.S. are regulated by decades-old federal and state consumer protection laws, which permit private rights of action by consumers for minimum statutory damages that can total hundreds of dollars per violation, such as when a call or text is made to a phone number listed on the National Do-Not-Call Registry. But are these laws too harsh on legitimate businesses communicating with their customers? How well do these 1990s-era laws address emerging communication technologies? In this episode, hosts Alicia Downey and Derek Jackson speak with Kelley, Drye & Warren partner Becca Wahlquist about these issues and recent developments in the law governing telemarketing to consumers. Learn about the challenges that businesses face in complying with a complex and evolving scheme of federal and state legislation and rules restricting telephone communications with consumers. With special guest: Becca Wahlquist, Partner, Kelley, Drye & Warren LLP Related Links: Hosted by: Alicia Downey, Downey Law LLC and Derek Jackson, Cohen & Gresser LLP
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#266 Is It Time To Burst the Bubble? Antitrust Law in the Age of the Polycrisis
03/25/2024
#266 Is It Time To Burst the Bubble? Antitrust Law in the Age of the Polycrisis
The antitrust law bubble, particularly in the U.S., has in recent years focussed on the mantra of promoting efficiency above all else. In the age of the global polycrisis and increasing corporate concentration and power in numerous sectors, should this bubble be popped? Dr Cristina Caffarra, leading competition economist, joins Barry Nigro and Matthew Hall to discuss the wider issues antitrust and competition law enforcement should be considering, which was the focus of a January 2024 Brussels conference described as the "Anti-Davos" and "Woodstock of Antitrust". Listen to this episode to learn more about the "Antitrust, Regulation, and the Next World Order" conference led by Dr Caffarra, why antitrust law should be taking a wider approach than efficiency and narrow consumer welfare and the links with trade and industrial policy. With special guest: Cristina Caffarra, University College London, CEPR Competition RPN Related Links: Hosted by: Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP and Matthew Hall, McGuireWoods London LLP
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#265 Can I Avoid Targeted Ads? The EU Rules on Pay or OK
03/18/2024
#265 Can I Avoid Targeted Ads? The EU Rules on Pay or OK
Many companies already use or are introducing "pay or OK" models for targeted ads on the Internet. What legal issues does this raise in the EU? Frithjof Michaelsen, Digital Policy Officer at UFC-Que Choisir, the French Federation of Consumer Associations, joins Matthew Reynolds and Matthew Hall to discuss Meta's introduction of pay or OK, otherwise known as pay or consent, on its Facebook and Instagram platforms in the EU, the relevant law and the implications of this for the wider adtech ecosystem. Listen to this episode to learn more about the application of EU consumer and data protection rules and the EU Digital Markets Act to this model. With special guest: Frithjof Michaelsen, Digital Policy Officer, UFC-Que Choisir (France) Related Links: Hosted by: Matthew Reynolds, Huth Reynolds LLP and Matthew Hall, McGuireWoods London LLP
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#264 What’s Wrong With Having Lots of Patents? Patent Thickets and Antitrust Law
03/11/2024
#264 What’s Wrong With Having Lots of Patents? Patent Thickets and Antitrust Law
It's often said that patent protection rewards innovation and benefits consumers. But are there competition law issues with having "too many" patents? Kate Swisher, an antitrust litigator at White & Case, joins co-hosts Alicia Downey and Lijun Zhang to discuss the tension between patent law and antitrust law in the context of so-called "patent thickets," particularly in the pharmaceutical industry. Listen to this episode to learn how courts are treating claims that obtaining a large number of patents for a single product may be an anticompetitive practice. With special guest: Kate Swisher, White & Case LLP Hosted by: Alicia Downey, Downey Law LLC and Lijun Zhang, Freshfields Bruckhaus Deringer LLP
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#263 What’s the Role of a Magistrate Judge? Conversation With Judge Lindsey Vaala
03/04/2024
#263 What’s the Role of a Magistrate Judge? Conversation With Judge Lindsey Vaala
The U.S. federal district courts have magistrate judges who are appointed to assist the district court judges and generally oversee first appearances of criminal defendants, set bail, and conduct other administrative duties. But is the role of a magistrate judge different across districts? In a district like Eastern District of Virginia where the trial docket is so fast that it earned the nickname as a “Rocket Docket,” a magistrate judge can make important decisions and have a great impact on the cases there. Judge Lindsey Vaala, the first magistrate judge interviewed by our program, and a long-time active member of the ABA Antitrust Law Section, speaks with Anora Wang and Melissa Maxman on her previous career as an antitrust litigator, her path to the bench, and to the extent that she can speak, her views on current antitrust issues. With special guest: The Honorable Judge Lindsey R. Vaala, Magistrate Judge, U.S. District Court for the Eastern District of Virginia Related Links: Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Melissa H. Maxman, Cohen & Gresser LLP
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#262 What’s Up With U.S. Merger Remedies?
02/26/2024
#262 What’s Up With U.S. Merger Remedies?
The US antitrust agencies' approach to merger remedies has undergone a significant change under the Biden administration. Remedies are increasingly disfavored. In this episode, Dan Ducore, former Assistant Director of the Federal Trade Commission's Bureau of Competition Compliance Division, joins Barry Nigro and Jeny Maier to discuss the growing skepticism towards merger remedies by the US antitrust authorities. Listen to this episode to learn more about whether merger remedies remain a viable option in the US and, if so, how parties should approach them given the government’s current hostility toward remedies. With special guest: Dan Ducore, former Assistant Director of the Federal Trade Commission's Bureau of Competition Compliance Division Related Links: Hosted by: Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP and Jeny Maier, Axinn, Veltrop & Harkrider LLP
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#261 Can Demanding Price Parity Harm Competition? The MFN Paradox
02/19/2024
#261 Can Demanding Price Parity Harm Competition? The MFN Paradox
When are MFNs good and when are they bad? A "most favored nation" (MFN) price requirement ensures that a buyer receives the lowest price that a seller is offering to other buyers. Under U.S. antitrust law, such MFNs are typically viewed as a procompetitive outcome of price bargaining between parties. But recently, the use of MFNs by Amazon's internet retailing platform has been challenged as an anticompetitive business practice. In this episode, Alicia Downey and Barry Nigro talk to economist Tasneem Chipty about the potential competition concerns raised by MFNs generally and platform MFNs specifically. Listen and learn in what circumstances most favored nation requirements might raise antitrust red flags. With special guest: Tasneem Chipty, Managing Principal, Chipty Economics Related Links: Hosted by: Alicia Downey, Downey Law LLC and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP
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#260 What’s The (Data Protection) Difference? An EU/U.S. Comparison of Personal Data Protection Issues In Merger and Behavioural Investigations
02/12/2024
#260 What’s The (Data Protection) Difference? An EU/U.S. Comparison of Personal Data Protection Issues In Merger and Behavioural Investigations
Large amounts of information are collected during merger control and behavioural competition law investigations. What are the personal data protection issues raised? Dan Rupprecht, Director for Europe of iDiscovery Solutions, joins Aaron Yeater and Matthew Hall to discuss the differences between these two types of investigations, why and how the EU/UK and U.S. approaches differ in this area, the technology that is used and the future. Listen to this episode to learn more about protection of personal data when working in these areas. With special guest: Dan Rupprecht, Director for Europe, iDiscovery Solutions Related Links: Hosted by: Aaron Yeater, Analysis Group, Inc. and Matthew Hall, McGuireWoods London LLP
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#259 Is Competition in Canada in Decline?
02/05/2024
#259 Is Competition in Canada in Decline?
In recent years competition agencies in several jurisdictions have undertaken studies to assess the state of competition within their borders. Canada now joins the list. In this episode, co-hosts Alicia Downey and Barry Nigro speak with economist Matthew Osborne about the Canadian Bureau of Competition’s 2023 report, “Competition in Canada from 2000 to 2020: An Economy at a Crossroads.” Listen to this episode to learn about how Matthew and his team analyzed competition across the Canadian economy during a critical decade. With special guest: Matthew Osborne, University of Toronto Mississauga Related Links: Hosted by: Alicia Downey, Downey Law LLC and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP
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#258 Will the UK CMA Find Out About My Deal? The Operation of the CMA’s Mergers Intelligence Committee in Practice
01/29/2024
#258 Will the UK CMA Find Out About My Deal? The Operation of the CMA’s Mergers Intelligence Committee in Practice
The UK merger control system provides for voluntary filings but that does not mean parties to deals can hide from the regulator, the UK Competition and Markets Authority (CMA). But how does the CMA's Mergers Intelligence Committee (MIC) identify deals to ask about and review the informal briefing papers which can be submitted by parties hoping to avoid a full filing? Eleni Gouliou, a Director of Mergers at the CMA, who has chaired MIC, joins Anora Wang and Matthew Hall to discuss the work of MIC and its place within the CMA's merger review processes. Listen to this episode to learn more about this area of the CMA's merger control work, which is increasingly important now that the UK is outside the EU merger control regime. With special guest: Eleni Gouliou, Director of Mergers, UK Competition and Markets Authority Related Links: Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Matthew Hall, McGuireWoods London LLP
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#257 Throwing the Book at Orange Book Listings? The FTC’s Views on the Antitrust Implications of Listing Patents in the Orange Book
01/22/2024
#257 Throwing the Book at Orange Book Listings? The FTC’s Views on the Antitrust Implications of Listing Patents in the Orange Book
The interplay between patent law and competition law has been a consistent focus for the antitrust agencies over the years, most notably in the pharmaceutical sector between brand and generic drugs. But will the FTC take a new approach to dealing with branded drug company patents listed in the FDA's "Orange Book"? Mika Ikeda, Competition Counsel at Johnson & Johnson joins Jaclyn Phillips and Jeny Maier to discuss the FTC's historical interest in Orange Book listings and what actions the agency may take in the future. Listen to this episode to learn more about FTC policy related to competition in drug markets, and why the "Orange Book" is orange! With special guest: Mika Ikeda, Senior Counsel, Competition Law, Johnson & Johnson Related Links: Hosted by: Jaclyn Phillips, White & Case LLP and Jeny Maier, Axinn, Veltrop & Harkrider LLP
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#256 Is Crypto a Giant Pump-and-Dump Scheme? The Art of Selling Nothing for Something
01/15/2024
#256 Is Crypto a Giant Pump-and-Dump Scheme? The Art of Selling Nothing for Something
The hype around cryptocurrency is at an all-time high, as the industry makes a major push to go mainstream. But is it all a giant pump-and-dump scheme? Software engineer and celebrated crypto critic Molly White and the SEC's Associate Director of Enforcement Carolyn Welshhans join Anant Raut and Aaron Yeater for a braintwister of a discussion on such topics as what is money; if blockchain is so secure how does so much crypto keep getting stolen; and is crypto a giant scam. Listen to this episode to learn more about whether ordinary investors will be left holding the bag when the crypto bros cash out. With special guests: Molly White, Software Engineer and Founder, Web3 is Going Just Great and Carolyn Welshhans, Associate Director of the Division of Enforcement, Securities and Exchange Commission Related Links: Hosted by: Anant Raut and Aaron Yeater, Analysis Group, Inc.
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#255 Can Self-Preferencing Algorithms Be Procompetitive? A Review of the Economic Literature
01/08/2024
#255 Can Self-Preferencing Algorithms Be Procompetitive? A Review of the Economic Literature
Self-preferencing by digital platforms has become ubiquitous in today's antitrust discourse. But has enough focus been put on economic analysis to understand the procompetitive benefits of self-preferencing conduct? Emilie Feyler and Dr. Veronica Postal, Senior Consultants at NERA Economic Consulting, speak with Jaclyn Phillips and Barry Nigro about their assessment of the economic literature on self-preferencing. Listen to this episode to learn more about what the empirical research has to say and if there are still gaps to fill. With special guests: Emilie Feyler, Senior Consultant, NERA Economic Consulting and Dr. Veronica Postal, Senior Consultant, NERA Economic Consulting Related Links: Hosted by: Jaclyn Phillips, White & Case LLP and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP
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#254 How Did Antitrust Law Help Defeat the Ku Klux Klan? The Vietnamese Fisherman's Association Case
01/01/2024
#254 How Did Antitrust Law Help Defeat the Ku Klux Klan? The Vietnamese Fisherman's Association Case
In the early 1980s, a group of Vietnamese fisherman on the gulf coast of Texas teamed up with the Southern Poverty Law Center to mount a heroic legal challenge to the Ku Klux Klan. How did antitrust law play a role in this important civil rights case? Charles Moore joins co-hosts Derek Jackson and Alicia Downey to talk about the Section's Diversity.Advanced Committee's upcoming reenactment of the court proceedings, the historical use of antitrust law in cases of violence or threats against competitors, and the potential for new cases in this area. Listen to this episode to learn about the antitrust issues that arose in a milestone case in American legal history. With special guest: Charles Moore, White & Case LLP Related Links: Hosted by: Alicia Downey, Downey Law LLC and Derek Jackson, Cohen & Gresser LLP
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#253 Ready, Player One? Antitrust and Online Gaming
12/25/2023
#253 Ready, Player One? Antitrust and Online Gaming
The online gaming industry has been the subject of legal challenges in the antitrust and consumer protection arenas. So Player One, are you ready to hear about the legal issues to consider in this rapidly advancing sector? Josh Grant, video gaming expert with more than two decades of experience in the industry, joins Alicia Downey and Anant Raut to discuss the evolution of video gaming and how that has contributed to current antitrust and consumer protection issues. Listen to this episode to learn more about the intersection of online gaming, antitrust, and consumer protection. With special guest: Josh Grant Related Links: Hosted by: Alicia Downey, Downey Law LLC and Anant Raut
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#252 Has A New Ecosystem Been Discovered? The European Commission Blocks Booking’s Proposed Acquisition of eTraveli
12/18/2023
#252 Has A New Ecosystem Been Discovered? The European Commission Blocks Booking’s Proposed Acquisition of eTraveli
The European Commission's recent decision to block Booking’s proposed acquisition of eTraveli is unprecedented and even controversial to some. How should we understand the EC's concerns? Eliana Garces, Senior Advisor with Analysis Group, joins Matthew Hall and Jaclyn Phillips to discuss the EC's theories of harm. Listen to this episode for an economist's take on the EC's analysis and how we should think about it more generally. With special guest: Eliana Garces, Senior Advisor, Analysis Group Hosted by: Matthew Hall, McGuireWoods London LLP and Jaclyn Phillips, White & Case LLP
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#251 How Is Gender Relevant to Competition Law? The OECD’s Gender Inclusive Competition Toolkit
12/11/2023
#251 How Is Gender Relevant to Competition Law? The OECD’s Gender Inclusive Competition Toolkit
Gender differences are often overlooked when conducting competition law analysis. How should gender impact the work of competition regulators? Lynn Robertson, Competition Expert at the OECD's Competition Policy Division and co-author of the OECD's Gender Inclusive Competition Toolkit, joins Alicia Downey and Matthew Hall to discuss the Toolkit project. Listen to this episode to learn more about the background to the project, the key insights and findings set out in the Toolkit and the OECD's future work in this area. With special guest: Lynn Robertson, Competition Expert, Competition Policy Division, Directorate for Financial and Enterprise Affairs, OECD Related Links: Hosted by: Alicia Downey, Principal, Downey Law LLC and Matthew Hall, Partner, McGuireWoods London LLP
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#250 How Are We Celebrating Our 250th Episode? A Look Back at the Top Episodes of All Time
12/04/2023
#250 How Are We Celebrating Our 250th Episode? A Look Back at the Top Episodes of All Time
Our Curious Amalgam is celebrating its 250th episode by hosting a family reunion! In this episode, former and current regular hosts Alicia Downey, Anora Wang, Matthew Hall, Christina Ma, Anant Raut, and Sergei Zaslavsky highlight the some of the Top 5 most listened-to episodes, year by year, since OCA first launched in 2019. In addition to looking back at the most popular episodes, we talk about undiscovered gems in the archives and the most important legal trends and developments that have occurred since Episode #1. Listen to this episode for a special look back at the greatest hits of Our Curious Amalgam and discover how they are still relevant today. With special guests: Matthew Hall, McGuireWoods LLP, Christina Ma, Wachtell, Lipton, Rosen & Katz, Anant Raut, Trust & Trade and Sergei Zaslavsky, O'Melveny & Myers LLP Related Links: Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP
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#249 What Happens When Competition and Geopolitical Issues Intertwine? Surveying the Landscape of the Global Semiconductor Sector
11/27/2023
#249 What Happens When Competition and Geopolitical Issues Intertwine? Surveying the Landscape of the Global Semiconductor Sector
Are you curious about issues related to competition and geopolitical concerns in the global semiconductor sector? In this episode, Barry Nigro and Alicia Downey talk to Arnold & Porter partner David Emanuelson, formerly in-house M&A counsel for Intel Corporation, about how the Chinese government's State Administration for Market Regulation (SAMR) approaches merger clearance. Listen to this episode to learn about the geopolitical pressures on the semiconductor industry and what antitrust counsel can do to improve the chances of getting a deal cleared in China. With special guest: David Emanuelson, Arnold & Porter Related Links: Hosted by: Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP and Alicia Downey, Downey Law LLC
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#248 Are You on Board With Section 8? A New Era of Enforcement Against Interlocking Directorates
11/20/2023
#248 Are You on Board With Section 8? A New Era of Enforcement Against Interlocking Directorates
For decades, Section 8 of the Clayton Act--which prohibits two competing corporations from sharing a common director--was rarely enforced by the U.S. antitrust agencies, and corporations were for the most part left to regulate themselves. In this episode, Alicia Downey and Sergei Zaslavsky talk to antitrust practitioner Diane Hazel about how the U.S. Department of Justice and the Federal Trade Commission have recently been focusing a lot more attention on identifying Section 8 violations based on an expansive view of the scope of the statute. Listen to this episode to learn about recent enforcement trends and what companies can do to avoid potentially unlawful interlocking directorates. With special guest: Diane Hazel, Foley & Lardner LLP Related Links: Hosted by: Alicia Downey, Downey Law LLC and Sergei Zaslavsky, O'Melveny & Myers LLP
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#247 Has the System Derailed? The State of Competition in the US Freight Rail Sector
11/13/2023
#247 Has the System Derailed? The State of Competition in the US Freight Rail Sector
Some have expressed concerns over a lack of competition in the U.S. rail freight and passenger services markets. How the U.S. freight rail system works and is competition an issue in the sector? Dr. Russell Pittman, the Director of Economic Research in the Antitrust Division of the U.S. Department of Justice, examines the state of competition in the freight rail sector with Barry Nigro and Anora Wang. We'll take a deep dive into the participants of the market, the competition concerns, the recent challenges, and high-level observations. Join us to learn more! With special guest: Dr. Russell Pittman, Director of Economic Research, Antitrust Division of the U.S. Department of Justice Related Links: Hosted by: Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP
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#246 What’s New in Antitrust and Tech? Unpacking FTC v. Amazon
11/06/2023
#246 What’s New in Antitrust and Tech? Unpacking FTC v. Amazon
In September 2023, the Federal Trade Commission and 17 states filed a massive, landmark antitrust lawsuit against Amazon, alleging that Amazon engaged in anti-competitive and unfair practices to expand and maintain an illegal monopoly in two online markets, the market for marketplace services, where sellers buy services from Amazon, and the consumer-facing market for online superstores. The complaint focuses on two main theories: anti-discounting and tying Prime eligibility to Amazon's fulfillment services. Adam Kovacevich, Founder and CEO of Chamber of Progress, speaks about the potential consequences of this suit for antitrust enforcement, consumers, and other companies. Tune in to find out more about the complaint, its potential consequences for antitrust enforcement, consumers, and other firms competing in the online marketplace. With special guest: Adam Kovacevich, Founder and CEO, Chamber of Progress Related Links: Hosted by: Jana Seidl, Baker Botts LLP and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP
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#245 Unspoken Truths: Sexual Harassment in the Legal Profession
10/30/2023
#245 Unspoken Truths: Sexual Harassment in the Legal Profession
On this episode of Our Curious Amalgam podcast - a special collaboration with the Antitrust Law Section's Women.Connected Committee - we explore the prevalence of sexual harassment in the legal profession, why it persists, and the damage it causes. With expert insight from Jane Pigott, we learn why sexual harassment isn't just a women's issue, discuss the consequences for the organizations and individuals involved, and highlight available resources and tool kits as well as what else we can do as a community to implement changes going forward. Tune in to learn more and to be part of the effort to end this pressing issue. With special guest: Jane Pigott, R3 Group LLC Related Links: Hosted by: Jana Seidl, Baker Botts LLP and Kellie Kemp, Co-Chair of Women.Connected
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#244 Levelling the Playing Field (Part 2)? The European Union’s Regulation on Foreign Subsidies Distorting the Internal Market is Now in Force
10/23/2023
#244 Levelling the Playing Field (Part 2)? The European Union’s Regulation on Foreign Subsidies Distorting the Internal Market is Now in Force
The European Union's Regulation on Foreign Subsidies Distorting the Internal Market is now in operation. What is happening in practice and how should companies prepare? Ulrich Soltész, partner at law firm Gleiss Lutz in Brussels, joins Matthew Hall and Derek Jackson to discuss the state of play under the FSR. Listen to this episode to learn more about the required notifications of certain mergers and public procurement procedures, ex officio investigations (including potentially into leading football/soccer teams), the substantive test, remedies, and the steps companies should be taking now to prepare. With special guest: Ulrich Soltész, Partner, Gleiss Lutz Related Links: Hosted by: Matthew Hall, Partner, McGuireWoods London LLP and Derek Jackson, Associate, Cohen & Gresser
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#243 When Is Personalized Pricing Unlawful? Personalized Pricing Litigation in China
10/16/2023
#243 When Is Personalized Pricing Unlawful? Personalized Pricing Litigation in China
The practice of personalized pricing has been empowered by advanced algorithms in the digital era. Relevant policy debates and lawsuits are on the rise in recent years in China. When is personalized pricing unlawful? Dr. Annie Xue, head of GEN Law Firm's compliance practice in China, joins Anora Wang and Lijun Zhang to discuss relevant policy debates and court litigations. Listen to this episode if you want to learn more about the legal framework, litigation landscape, and compliance tips involving personalized pricing in China. With special guest: Dr. Annie Xue, Partner, GEN Law Firm Related Links: Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Lijun Zhang, Freshfields Bruckhaus Deringer LLP
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#242 What’s in the Black Box? Knowns and Unknowns About Pricing Algorithm From the Latest Academic Research
10/09/2023
#242 What’s in the Black Box? Knowns and Unknowns About Pricing Algorithm From the Latest Academic Research
Do AI algorithms have the ability to conspire and collude? Join us as we dive into the black box of algorithm pricing with Dr. Ai Deng, a principal in the consulting firm Charles River Associates. We will discuss the implications of AI technology on competition, two types of algorithmic collusion, and how AI approaches economic incentives. Don't miss this fascinating discussion about AI and pricing algorithms! With special guest: Dr. Ai Deng, Principal, Charles River Associates Related Links: Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Panos Dimitrellos, Secretariat Economists
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#241 Are PBMs Good For Competition? A Cost-Benefit Analysis of the Effects of Regulating Pharmacy Benefit Managers
10/02/2023
#241 Are PBMs Good For Competition? A Cost-Benefit Analysis of the Effects of Regulating Pharmacy Benefit Managers
Pharmacy benefit managers (PBMs) are being called out for engaging in allegedly anticompetitive business practices that make prescription drugs less affordable. But do PBMs actually promote competition in the healthcare industry? In this episode, Professor Casey Mulligan, an economist and law professor at the University of Chicago, discusses what his research indicates could be the unintended adverse consequences of imposing transparency requirements and other regulatory burdens on PBMs. Listen to this episode to hear the arguments against targeting PBMs with restrictive legislation and enforcement proceedings as a means of reining in high drug prices. With special guest: Casey Mulligan, Professor of Economics, University of Chicago Related Links: Hosted by: Alicia Downey and Jeny Maier
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