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.
info_outline
#283 Who Should Competition Law Work For? Enforcement Against Restrictive Labour Market Agreements in the EU
07/22/2024
#283 Who Should Competition Law Work For? Enforcement Against Restrictive Labour Market Agreements in the EU
Labour markets are in the focus of competition law regulators worldwide and companies and their advisers need to know what the issues are. What is the situation in the EU and its member states? Johanna Kübler, partner at German competition law firm Commeo, joins Jaclyn Phillips and Matthew Hall to discuss the background to this current focus in the EU, the legal rules that apply, the current status of leading investigations and key practical compliance messages. Listen to this episode to learn more about how to navigate and comply with competition law in this important area. With special guest: Johanna Kübler, partner, COMMEO Rechtsanwälte PartGmbB Related Links: Portugal Competition Authority technology consulting no-poach investigation 2024: Hosted by: Jaclyn Phillips, White & Case LLP and Matthew Hall, McGuireWoods London LLP
/episode/index/show/ourcuriousamalgam/id/32144397
info_outline
#282 Has the Scrutiny Reached a Fever Pitch? Taking the Temperature of Private Equity in Healthcare
07/15/2024
#282 Has the Scrutiny Reached a Fever Pitch? Taking the Temperature of Private Equity in Healthcare
Private equity and health care are important aspects of the U.S. economy. Why are antitrust enforcers focused on the intersection of these two areas? Carla Hine, an antitrust attorney well-versed in both industries, joins Jaclyn Phillips and Jeny Maier to discuss the role PE plays in health care transactions and what antitrust enforcers' recent focus means for such transactions. Listen to this episode to learn more about everything from the benefits of PE investment to legal theories underlying the current conversation. With special guest: Carla Hine, Counsel, Weil, Gotshal & Manges LLP Hosted by: Jaclyn Phillips, White & Case LLP and Jeny Maier, Axinn, Veltrop & Harkrider LLP
/episode/index/show/ourcuriousamalgam/id/32053427
info_outline
#281 What Are the Australian Competition and Consumer Commission’s Plans for Enforcement? Breaking It Down From A To Triple C
07/08/2024
#281 What Are the Australian Competition and Consumer Commission’s Plans for Enforcement? Breaking It Down From A To Triple C
The Australian Competition and Consumer Commission's enforcement and policy priorities for 2024-2025 reflect a focus on a wide range of conduct in many industries. What does this mean for practitioners, market participants, and consumers in Australia? Peta Stevenson, a competition attorney with more than two decades of experience, joins Jaclyn Phillips and Anant Raut to discuss the takeaways and implications. Listen to this episode to learn more about competition enforcement in Australia. With special guest: Peta Stevenson, Partner, King & Wood Mallesons Related Links: Hosted by: Jaclyn Phillips, White & Case LLP and Anant Raut
/episode/index/show/ourcuriousamalgam/id/31970007
info_outline
#280 Does the FTC Ban Get It Right or Go Too Far? Economists Debate the FTC Non-Compete Rule
07/01/2024
#280 Does the FTC Ban Get It Right or Go Too Far? Economists Debate the FTC Non-Compete Rule
The Federal Trade Commission's non-compete ban has stirred vigorous discussion in the antitrust bar and beyond. What do economic theory and empirical analysis tell us about the effects of non-competes, and whether a ban is justified? Economists Evan Starr and Brian Albrecht join co-hosts Sergei Zaslavsky and Anora Wang to debate the state of economic evidence on non-competes, the implications for policy, and what we still have to learn. Listen to this episode, which also aired as a live ABA program, for an in-depth discussion that highlights both areas of consensus and areas of disagreement on the economics of non-competes. With special guests: Evan Starr, Associate Professor, University of Maryland Robert H. Smith School of Business and Brian Albrecht, Chief Economist, International Center for Law & Economics Related Links: Hosted by: Sergei Zaslavsky and Anora Wang, Arnold & Porter Kaye Scholer LLP
/episode/index/show/ourcuriousamalgam/id/31933327
info_outline
#279 How Does U.S. Law Promote Competition in Agricultural Markets?
06/24/2024
#279 How Does U.S. Law Promote Competition in Agricultural Markets?
The preservation of competition in agricultural markets has been identified as as one of the Biden Administration's highest enforcement priorities. In this episode, co-hosts Alicia Downey and Barry Nigro talk to Professor Kelly Nuckolls of the University of Arkansas School of Law about recent enforcement actions and rulemaking efforts targeting anticompetitive practices in the agriculture sector. Listen to this episode to learn about the DOJ Antitrust Division's case against benchmarking service provider Agri Stats based on allegedly collusive information-sharing, and the Division's renewed interest in enforcing the Packers and Stockyards Act of 1921--a federal statute with the potential to support challenges to unfair conduct that the Sherman Act might not reach. With special guest: Kelly Nuckolls, Assistant Director and Visiting Assistant Professor of Law for the LL.M. Program in Agricultural and Food Law, University of Arkansas School of Law Related Links: Hosted by: Alicia Downey, Downey Law LLC and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP
/episode/index/show/ourcuriousamalgam/id/31789297
info_outline
#278 Who Is Krisztian Katona? Meet an International Competition Lawyer
06/17/2024
#278 Who Is Krisztian Katona? Meet an International Competition Lawyer
Not many antitrust lawyers have a front row seat to competition law and policy around the globe. But have you met Krisztian Katona? Krisztian Katona, an international competition lawyer, speaks with Anora Wang and Jaclyn Phillips about the trajectory of his career, insights about competition law and trends, and how the ABA provides opportunities for international lawyers. With special guest: Krisztian Katona, Computer & Communications Industry Association Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Jaclyn Phillips, White & Case LLP
/episode/index/show/ourcuriousamalgam/id/31681262
info_outline
#277 Still Going Strong at 20? A Conversation With the Architect of the EU Merger Regulation 2004
06/10/2024
#277 Still Going Strong at 20? A Conversation With the Architect of the EU Merger Regulation 2004
The EU's merger control law--the Merger Regulation--was revised in 2004, and 2024 is therefore the 20th anniversary of the changes. What prompted those changes? Sir Philip Lowe, Director-General of the European Commission's Directorate-General for Competition from 2002-2010, joins Matthew Reynolds and Matthew Hall to discuss the background to the changes and what else in EU merger control changed at the time. Listen to this episode to learn more about the basis for the current EU regime and Sir Philip's views on other topical merger control issues. With special guest: Sir Philip Lowe, Partner, Oxera Consulting Related Links: Hosted by: Matthew Reynolds, Huth Reynolds LLP and Matthew Hall, McGuireWoods London LLP
/episode/index/show/ourcuriousamalgam/id/31651977
info_outline
#276 Does a Year Make a Difference? The Regulation of Influencers Under the 2023 Revised FTC Endorsement Guides
06/03/2024
#276 Does a Year Make a Difference? The Regulation of Influencers Under the 2023 Revised FTC Endorsement Guides
An important component of U.S. consumer protection law includes the regulation of endorsements, a form of advertising where someone other than the seller of a product or service—such as an athlete, a celebrity, or an influencer—is compensated to promote that product or service. In this episode, co-hosts Alicia Downey and Matt Reynolds talk to consumer protection lawyer Caiti Zeytoonian about the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, which were significantly updated in June 2023 to reflect the rising power and ubiquity of social media influencers. Listen and learn how the new guidance is making a difference in the rapidly evolving world of online endorsements. With special guest: Caiti Zeytoonian, Morgan, Lewis & Bockius LLP Related Links: Hosted by: Alicia Downey, Downey Law LLC and Matthew Reynolds, Huth Reynolds LLP
/episode/index/show/ourcuriousamalgam/id/31493422
info_outline
#275 What's Happening in New Zealand, Israel, and Norway? Catching Up With International Enforcers at the 2024 Spring Meeting
05/27/2024
#275 What's Happening in New Zealand, Israel, and Norway? Catching Up With International Enforcers at the 2024 Spring Meeting
While on site at the ABA Antitrust Law Section's Annual Spring Meeting in April 2024, the Our Curious Amalgam team sat down with competition regulators from around the world to talk about their current and future enforcement priorities. We also got to know them a little better as people. In this episode, Alicia Downey finds out what's happening in New Zealand with Andrew Riseley, the General Counsel and General Manager of the Legal Services branch of the New Zealand Commerce Commission. Following that is Alicia's interview with Joshua Sherman, the Chief Economist of the Israel Competition Authority. The episode concludes as Jaclyn Phillips speaks with Tina Søreide, the General Manager of the Norwegian Competition Authority. With special guests: Andrew Riseley, General Counsel/General Manager Legal Services, New Zealand Commerce Commission, Joshua Sherman, Chief Economist, Israel Competition Authority, and Tina Søreide, General Manager, Norwegian Competition Authority Related Links: Hosted by: Alicia Downey, Downey Law LLC and Jaclyn Phillips, White & Case LLP
/episode/index/show/ourcuriousamalgam/id/31399847
info_outline
#274 What's Happening in Hong Kong and Japan? Catching Up With International Enforcers at the 2024 Spring Meeting
05/20/2024
#274 What's Happening in Hong Kong and Japan? Catching Up With International Enforcers at the 2024 Spring Meeting
In April 2024, the Our Curious Amalgam team interviewed international competition law regulators while on site at the ABA Antitrust Law Section's Annual Spring Meeting in Washington, D.C. In this episode, Anora Wang talks to Samuel Chan, Chairman of the Hong Kong Competition Commission, and Commissioner Reiko Aoki of the Japan Fair Trade Commission. Listen to what they had to say about their respective agencies' major achievements of the past year and current and future enforcement priorities, while also getting to know them a little better as people. With special guests: Samuel Chan, BBS, JP, Chairman, Hong Kong Competition Commission and Reiko Aoki, Commissioner, Japan Fair Trade Commission Related Links: Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP
/episode/index/show/ourcuriousamalgam/id/31288342
info_outline
#273 What’s Happening in France, Portugal, and Poland? Catching Up With International Enforcers at the 2024 Spring Meeting
05/13/2024
#273 What’s Happening in France, Portugal, and Poland? Catching Up With International Enforcers at the 2024 Spring Meeting
The 2024 edition of the ABA Antitrust Law Section’s Spring Meeting in Washington, D.C., offered the Our Curious Amalgam team a chance to speak with competition law regulators from around the world. While on site at the meeting, we sat down with several of them to discuss their enforcement priorities and other issues, while also getting to know them a little better as people. This episode features interviews conducted by three of our OCA hosts. First, Anora Wang discovers what's happening in France with Benoît Cœuré, the president of the French Competition Authority. Next, Jeny Maier speaks with Nuno Cunha Rodrigues, the president of the Portugese Competition Authority, about his agency's competition enforcement priorities, as well as sightseeing recommendations for Jeny's upcoming visit to Portugal. And finally, Barry Nigro hears about what's going on in Poland with Martyna Derszniak-Noirjean Director of the International Cooperation Office of the Polish Office of Competition and Consumer Protection. With special guests: Benoît Cœuré, President, Autorité de la concurrence (France), Nuno Cunha Rodrigues, President, Autoridade da Concorrência (Portugal), and Martyna Derszniak-Noirjean, Director, International Cooperation Office, Office of Competition and Consumer Protection (Poland) Related Links: Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP, Jeny Maier, Axinn, Veltrop & Harkrider LLP, and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP
/episode/index/show/ourcuriousamalgam/id/31172252
info_outline
#272 What’s Happening in the EU? A Conversation With DG COMP Director-General Olivier Guersent at the 2024 Spring Meeting
05/06/2024
#272 What’s Happening in the EU? A Conversation With DG COMP Director-General Olivier Guersent at the 2024 Spring Meeting
The 2024 Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with competition law enforcers from around the world. In this episode, host Matthew Hall asks Olivier Guersent, Director-General of the Directorate-General for Competition of the European Commission (DG COMP), about what’s been happening in the European Union since we interviewed him at the 2023 Spring Meeting. Listen and learn about DG COMP’s current and recent work and what competition law policy and enforcement trends the Director-General sees on the horizon. With special guest: Olivier Guersent, Director-General, Directorate-General for Competition, European Commission Related Links: Hosted by: Matthew Hall, McGuireWoods London LLP
/episode/index/show/ourcuriousamalgam/id/31052168
info_outline
#271 What Does the UN Do For Consumers? UNCTAD’s Role in Promoting Competition and Consumer Protection
04/29/2024
#271 What Does the UN Do For Consumers? UNCTAD’s Role in Promoting Competition and Consumer Protection
The UN General Assembly has entrusted UNCTAD (now rebranded as UN Trade and Development) to be the focal point within the UN on competition and consumer protection issues. How does UN Trade and Development implement this role? Teresa Moreira, Head of the Competition and Consumer Policies Branch (CCPB) at UN Trade and Development, joins Alicia Downey and Matthew Hall to discuss the work of the CCPB, including its focus on developing countries and its working groups and specific projects. Listen to this episode to learn more about UN Trade and Development's work promoting, reinforcing and advising on competition and consumer protection law and policies in support of its overall goal to help developing countries meet the Sustainable Development Goals set by the UN General Assembly in 2015. With special guest: Teresa Moreira, Head, Competition and Consumer Policies Branch, United Nations Trade and Development (UNCTAD) Related Links: Hosted by: Alicia Downey, Downey Law LLC and Matthew Hall, McGuireWoods London LLP
/episode/index/show/ourcuriousamalgam/id/30951868
info_outline
#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
/episode/index/show/ourcuriousamalgam/id/30847358
info_outline
#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
/episode/index/show/ourcuriousamalgam/id/30755068
info_outline
#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
/episode/index/show/ourcuriousamalgam/id/30698163
info_outline
#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
/episode/index/show/ourcuriousamalgam/id/30526963
info_outline
#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
/episode/index/show/ourcuriousamalgam/id/30443693
info_outline
#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
/episode/index/show/ourcuriousamalgam/id/30324048
info_outline
#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
/episode/index/show/ourcuriousamalgam/id/30238383
info_outline
#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
/episode/index/show/ourcuriousamalgam/id/30151978
info_outline
#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
/episode/index/show/ourcuriousamalgam/id/30014648
info_outline
#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
/episode/index/show/ourcuriousamalgam/id/29959463
info_outline
#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
/episode/index/show/ourcuriousamalgam/id/29804143
info_outline
#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
/episode/index/show/ourcuriousamalgam/id/29700523
info_outline
#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
/episode/index/show/ourcuriousamalgam/id/29592923
info_outline
#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
/episode/index/show/ourcuriousamalgam/id/29511053
info_outline
#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.
/episode/index/show/ourcuriousamalgam/id/29432443
info_outline
#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
/episode/index/show/ourcuriousamalgam/id/29305838
info_outline
#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
/episode/index/show/ourcuriousamalgam/id/29242183