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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#295 More or (Even) Less Certainty in EU Merger Control? The European Court of Justice Judgment in Illumina/GRAIL
10/14/2024
#295 More or (Even) Less Certainty in EU Merger Control? The European Court of Justice Judgment in Illumina/GRAIL
The European Commission's attempt to claim jurisdiction under the EU merger rules over Illumina's acquisition of GRAIL ultimately resulted in a stinging court defeat for the regulator. But why did it lose and what will happen now to merger reviews of "below threshold" transactions in the EU? Nicole Kar, partner at Paul, Weiss in London, joins Matthew Hall and James Hunsberger to discuss the Commission's 2021 re-interpretation of its powers under Article 22 of the EU Merger Regulation, the European Court of Justice judgment striking that down and the alternative avenues for the Commission or EU countries to claim jurisdiction over killer and reverse killer transactions. Listen to this episode to learn more about how to analyse the risk and practical steps to take in relation to these transactions. With special guest: Nicole Kar, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP Related Links: Hosted by: James Hunsberger, Axinn, Veltrop & Harkrider LLP and Matthew Hall, McGuireWoods London LLP
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#294 Acquisitions or Not? Big Tech's Big Problems Investing in Artificial Intelligence
10/07/2024
#294 Acquisitions or Not? Big Tech's Big Problems Investing in Artificial Intelligence
It's no secret that competition agencies in the U.S. and elsewhere have been scrutinizing Big Tech's efforts to acquire emerging players in the AI space. In this episode, Luis Blanquez of Bona Law, P.C., talks to co-hosts Alicia Downey and Anant Raut about how the enforcers' concerns are now extending to investments, licensing deals, and other types of transactions that fall outside merger clearance review. Will recently announced investigations into such transactions protect future rivals from Big Tech’s dominance or chill investments in AI technology innovation? Listen to this episode to learn about the effect these investigations may be having on not just the companies directly involved, but also venture capital investors and AI start-ups generally. With special guest: Luis Blanquez, Partner, Bona Law P.C. Related Links: Hosted by: Alicia Downey, Downey Law LLC and Anant Raut
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#293 Is the EU Position Now Clear? The European Commission’s Draft Guidelines on Exclusionary Abuses of Dominance
09/30/2024
#293 Is the EU Position Now Clear? The European Commission’s Draft Guidelines on Exclusionary Abuses of Dominance
The European Commission's draft guidelines on exclusionary abuses of dominance will, once adopted, be a key document when applying EU competition law. But what is in the draft? Rona Bar-Isaac, head of competition at Addleshaw Goddard in London, joins Matthew Hall and Derek Jackson to discuss the draft guidelines and a controversial European Court of Justice judgment which was released soon after the publication of the guidelines. Listen to this episode to learn more about the components of the draft, including the Commission's two-stage approach for analysing potential exclusionary abuses of dominance and the available defences, as well as the implications for the guidelines of the Google Shopping ECJ judgment that deals with self-preferencing as an abuse. With special guest: Rona Bar-Isaac, partner, Addleshaw Goddard LLP Related Links: Hosted by: Matthew Hall, McGuireWoods London LLP and Derek Jackson, Cohen & Gresser LLP
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#292 Thinking About Going Small? Starting Up a Solo or Small Firm Antitrust Practice
09/23/2024
#292 Thinking About Going Small? Starting Up a Solo or Small Firm Antitrust Practice
Can a Big Law antitrust practitioner have a successful career as a solo or small firm lawyer? In this episode, antitrust trial lawyer Sean Gates and co-hosts Alicia Downey and Matt Reynolds talk about their experiences leaving large firms to strike out on their own in the middle of their careers. Listen to this episode to learn what motivated them to "go small," and why antitrust law offers unique challenges, opportunities, and rewards to those looking for an alternative to Big Law practice. With special guest: Sean Gates, Partner, Illovsky Gates & Calia LLP Hosted by: Alicia Downey, Downey Law LLC and Matthew Reynolds, Huth Reynolds LLP
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#291 How Was Your Life In Antitrust? A Conversation With Jon Jacobson
09/16/2024
#291 How Was Your Life In Antitrust? A Conversation With Jon Jacobson
What were the cases and controversies that defined a decades-long career as an antitrust lawyer and scholar? Hosts Alicia Downey and Subrata Bhattacharjee welcome former Antitrust Law Section Chair Jon Jacobson back to the podcast to talk about his newly-published memoir of the highs and lows of litigating some of the biggest antitrust cases in U.S. legal history. Listen to this episode to learn how trial lawyers like Jon have helped to shape U.S. competition law and public policy. With special guest: Jonathan Jacobson, Partner (retired), Wilson Sonsini Goodrich & Rosati Related Links: Hosted by: Alicia Downey, Downey Law LLC and Subrata Bhattacharjee, Borden Ladner Gervais LLP
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#290 Who Is Aviva Will? Antitrust Lawyer and Litigation Financing Entrepreneur
09/09/2024
#290 Who Is Aviva Will? Antitrust Lawyer and Litigation Financing Entrepreneur
Antitrust and competition lawyers have a choice of career paths, including private practice, in-house, and public sector. What about the increasingly-important area of litigation finance? Aviva Will, Co-Chief Operating Officer of Burford Capital, joins Alicia Downey and Matthew Hall to discuss her career journey from a law firm to a senior executive role at a publicly traded, global litigation finance company. Listen to this episode to learn more about Aviva's current role, the evolution of the litigation finance industry in the U.S. and elsewhere, and The Equity Project--a groundbreaking initiative designed to help increase diversity in law. With special guest: Aviva Will, Co-Chief Operating Officer, Burford Capital LLC Related Links: Hosted by: Alicia Downey, Downey Law LLC and Matthew Hall, McGuireWoods London LLP
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#289 Is the Failing Firm Defense Thriving? Assessing When a Failing Firm Can Make a Deal Succeed
09/02/2024
#289 Is the Failing Firm Defense Thriving? Assessing When a Failing Firm Can Make a Deal Succeed
The failing firm defense can be viewed skeptically when put forward by merging parties. But when can it be used successfully to save a deal that may otherwise be found to be anticompetitive? Chris Wilson, partner in the antitrust group of Paul Weiss, joins Jaclyn Phillips and Anora Wang to discuss the current state of the failing firm defense. Listen to this episode if you want to learn more about recent cases and what facts may make a failing firm defense thrive. With special guest: Christopher M. Wilson, Paul, Weiss, Rifkind, Wharton & Garrison LLP Related Links: Hosted by: Jaclyn Phillips, White & Case LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP
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#288 Who Is Steve Cernak? Meet the 2024-25 Chair of the ABA Antitrust Law Section
08/26/2024
#288 Who Is Steve Cernak? Meet the 2024-25 Chair of the ABA Antitrust Law Section
The Antitrust Law Section's new Chair is a lawyer, professor, and author of countless books and articles, with decades of leadership experience in the Section. What changes will he bring? In this episode, co-hosts Alicia Downey and Puja Patel ask Steve Cernak about his unusual career path, the priorities and initiatives he is planning to pursue in his one-year term, and the legal trends that he believes will affect the Section's members and their clients. Listen to this episode to get to know Steve a little better as the leader of a global association of professionals in the fields of antitrust, competition, consumer protection, and data privacy law--and as a loyal baseball fan. With special guest: Steven Cernak, Partner, Bona Law PC Hosted by: Alicia Downey, Downey Law LLC and Puja Patel, A&O Shearman US LLP
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#287 How Should We Protect Children’s Online Privacy? Revisiting the Children’s Online Privacy Protection Act (COPPA)
08/19/2024
#287 How Should We Protect Children’s Online Privacy? Revisiting the Children’s Online Privacy Protection Act (COPPA)
Most agree that children's online privacy is important. But how should it be protected? Ryan Durrie, Associate Director of the Cordell Institute at Washington University in St. Louis, joins Christina Ma and Anora Wang to discuss how the Children's Online Privacy Protection Act (or COPPA) protects online privacy today and how it could be reformed. Listen to this episode if you want to learn about the latest policy developments in online privacy. With special guest: Ryan Durrie, Associate Director, Cordell Institute at Washington University in St. Louis Related Links: Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz
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#286 What Are the Perils of Privacy Law? Evolutions of the Children's Online Privacy and Protection Act (COPPA)
08/12/2024
#286 What Are the Perils of Privacy Law? Evolutions of the Children's Online Privacy and Protection Act (COPPA)
Privacy law has become increasingly relevant and important with the advent of the internet and all things digital and most agree that these laws should protect children's privacy, in particular. But what are the tradeoffs? James Cooper, Professor of Law and Economics at Scalia Law School at George Mason University, joins Christina Ma and Anora Wang to discuss the Children's Online Privacy and Protection Act, proposed changes to the rules enforcing the Act, and the potential tradeoffs to certain proposals. Listen to this episode of Our Curious Amalgam if you want to learn more about how the U.S. regulates online privacy for kids and its impact. With special guest: James Cooper, Antonin Scalia Law School Related Links: Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Anora Wang, Arnold & Porter Kaye Scholer LLP
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#285 Is It All Connected? Exploring Cross-Market Theories of Harm in Healthcare Mergers
08/05/2024
#285 Is It All Connected? Exploring Cross-Market Theories of Harm in Healthcare Mergers
Federal and State antitrust authorities have started to take closer looks into mergers of hospitals that are in different geographic areas. What are the theories of harm behind such investigations, and what does the economics literature have to say about those cross-market theories? Join Anora Wang and Jeny Maier as they hear from leading healthcare economist Cory Capps about recent academic research and agency activities on this front. Listen to this episode if you want to learn more about cutting-edge thinking in healthcare mergers. With special guest: Cory Capps, Partner, Bates White Economic Consulting Related Links: Hosted by: Jeny Maier, Axinn, Veltrop & Harkrider LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP
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#284 How Do We Measure Innovation? The Economic Analysis of the Impact of M&A on Innovation in the Pharmaceutical Industry
07/29/2024
#284 How Do We Measure Innovation? The Economic Analysis of the Impact of M&A on Innovation in the Pharmaceutical Industry
When analyzing the competitive effects of a proposed transaction, the U.S. antitrust agencies may attempt to define and assess the potential loss of innovation in a relevant market. But what exactly is "innovation," and how can potential losses (or gains) in innovation be measured? In this episode Alicia Downey and Lijun Zhang speak with Cornerstone Research economist Penka Kovacheva about how economists are attempting to measure the impact of mergers on innovation, with a focus on the pharmaceutical industry. Listen to this episode to learn about whether any of these attempts have been successful and why there is much more work to be done. With special guest: Penka Kovacheva, Vice President, Cornerstone Research Related Links: Hosted by: Alicia Downey, Downey Law LLC and Lijun Zhang, Freshfields Bruckhaus Deringer LLP
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#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
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#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
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#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
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#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
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#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
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#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
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#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
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#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
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#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
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#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
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#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
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#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
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#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
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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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