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Our Curious Amalgam

American Bar Association

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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#396
Today · 41 min
#396 Is EU Law on Abuse of Dominance Now Clear? The ECJ's Judgment in Google Android
The European Court of Justice's judgment in Google Android is one of the most consequential EU competition law judgments of the last decade. But why is it so important? Thomas Höppner, lawyer at Geradin Partners, joins Matthew Hall and Subrata Bhattacharjee to discuss the key issues raised and their relevance to abuse of dominance cases generally. Listen to this episode to learn more about counterfactual analysis, the relevance of context and the latest on the as-efficient-competitor test and principle. With special guest: Thomas Höppner, partner, Geradin Partners Related Links: European Court of Justice judgment, Google Android, 2 July 2026 Hosted by: Matthew Hall, McGuireWoods and Subrata Bhattacharjee, Borden Ladner Gervais
#395
September 14 · 37 min
#395 Which Side of the V? Larry Buterman on Trying Antitrust Cases for the Government and Against It
Larry Buterman is one of the rare antitrust attorneys who has successfully first chaired landmark cases both at the DOJ Antitrust Division and in private practice. In this career profile, co-hosts Derek Jackson and Lexi Michaud ask Larry about the differences and similarities in representing the DOJ versus representing a private party, about Larry's trial war stories (including his cross-examination of a famous athlete), about advice for aspiring litigators, and more. Listen to this episode to learn about the experience of an antitrust trial lawyer and how you might become one too. With special guest: Larry Buterman, Partner, Latham & Watkins LLP Hosted by: Derek Jackson, Cohen & Gresser and Lexi Michaud, Fried Frank
#394
September 7 · 40 min
#394 A Tribute to Randy Picker: Revisiting Episode #74 on the Implications of DOJ's Case Against IBM
We are re-releasing this episode in tribute to Prof. Randy Picker, who passed away on August 15, 2026. In 2020, Randy joined co-hosts Anora Wang and John Roberti for an episode on the 13-year-long U.S. antitrust case against IBM brought in 1969, exploring how U.S. antitrust dealing with tech ranges from early government cases involving punch cards to government probes into today's platforms, and how antitrust enforcement can impact the technology landscape for decades later. Years later, the episode holds up remarkably well - the questions Randy raised about whether the antitrust past would repeat itself in the tech world remain just as central to today's platform antitrust cases and debates over Big Tech enforcement. We share Randy's episode again in celebration of his generosity, insight, and decades of contribution to antitrust scholarship. With special guest: Randal C. Picker, James Parker Hall Distinguished Service Professor of Law, University of Chicago Law School Related Links: Randal C. Picker, renowned legal scholar, 1959-2026 Hosted by: Lexi Michaud, Fried Frank; Anora Wang; and John Roberti, Zaiger Linden Roberti & Pepe
#393
August 31 · 29 min
#393 Who Gets To Say the Price Is Right? State Regulation of AI Pricing
Several U.S. states have recently passed legislation aimed at AI pricing tools that use consumer or competitor data. What is driving this spate of legislation, what different approaches are the states taking, and are the states sufficiently accounting for possible unintended consequences? In this episode, hosts Sergei Zaslavsky and Alicia Downey talk to Orrick partner Shannon Yavorksy about the pros and cons of AI pricing and the emerging regulatory patchwork in this area. Listen to this episode to hear about the latest developments in AI pricing regulation and what the future might hold. With special guest: Shannon Yavorksy, Partner, Orrick, Herrington & Sutcliffe LLP Related Links: Shannon Yavorsky & David Curtis, Algorithmic Pricing Under Scrutiny: What You Need to Know (June 9, 2026) Hosted by: Sergei Zaslavsky, O'Melveny & Myers and Alicia Downey, Downey Law
#392
August 24 · 38 min
#392 Do I Really Need To File? HSR Avoidance and the Edwards/Genesis Settlement
For nearly 50 years, the Hart-Scott-Rodino Act has given antitrust enforcers a chance to review deals above a certain value before they can close. What happens when the government concludes a transaction was structured intentionally to slip past that review entirely? On this episode of Our Curious Amalgam, we speak with Evan Miller of Vinson & Elkins about HSR Act avoidance and the FTC's record-setting $12 million settlement with Edwards Lifesciences and Genesis MedTech over Edwards Lifesciences's acquisition of JC Medical from Genesis. We discuss how the JC Medical deal was valued and structured, how the parties' failure to file played a role in the FTC's separate challenge to Edwards's contemporaneous JenaValve acquisition, what deal teams should consider when assessing a transaction close to the HSR threshold, what the settlement signals about the FTC's current approach to premerger notification enforcement, and more. With special guest: Evan Miller, Vinson & Elkins LLP Hosted by: Lexi Michaud, Fried Frank and Jeny Maier, Axinn
#391
August 17 · 38 min
#391 Have States Found the Answer to Subscription Traps? Click-to-Cancel and Beyond
State legislatures across the country are taking aim at subscription traps and deceptive cancellation practices — but what does effective consumer protection actually look like at the state level? Erin Witte, Senior Counsel to the New Jersey Attorney General and former Director of Consumer Protection at the Consumer Federation of America, speaks with Anna Olson and Anora Wang about the growing wave of state click-to-cancel legislation targeting subscription traps and dark patterns. Listen to this episode to learn what makes a strong state law, how enforcement actions actually unfold, and what the patchwork of state protections means for consumers and businesses alike. With special guest: Erin Witte, Senior Counsel to the New Jersey Attorney General Related Links: New Jersey Office of Attorney General Hosted by: Anna Olson, Drake University Law School and Anora Wang, Arnold & Porter
#390
August 10 · 42 min
#390 Circuits, Cargos, and Cures: How Does Singapore Run Competition and Consumer Protection?
Singapore's Competition and Consumer Commission — CCS — has been enforcing competition law for roughly two decades and more recently consumer protection laws as well. How does a small, open, trade-dependent city-state design and enforce a competition regime that punches above its weight — and what does that mean for global practitioners? Mr. Loke Shiu Meng, Assistant Chief Executive of the CCS overseeing Legal Enforcement, joins Subrata Bhattacharjee and Anora Wang to discuss Singapore's enforcement arc, its voluntary merger regime, the agency's push against dark patterns and unfair trade practices, and how CCS navigates its role as a neutral hub in an increasingly fractured geopolitical landscape. With special guest: Loke Shiu Meng, Assistant Chief Executive, Competition and Consumer Commission of Singapore (CCS) Related Links: CCS's media release on the issuance of the Fast Track Guidelines CCS's media release on revisions to our Merger Guidelines Singapore High Court Decision in CCS v. CNL Logistic Solutions Pte Ltd and Gilmon Transportation & Warehousing Pte Ltd [2026] CCS's media release on the High Court Decision Hosted by: Subrata Bhattacharjee, Borden Ladner Gervais and Anora Wang, Arnold & Porter
#389
August 3 · 42 min
#389 What Should Directors Be Asking? Antitrust in the Boardroom
Competition law isn't just for antitrust lawyers anymore—it's increasingly a boardroom issue. What questions should directors be asking to ensure their companies are identifying and managing competition risk before it becomes a crisis? Julie Goshorn, whose career spans the DOJ, FTC, private practice at Arnold & Porter, and global in-house leadership at Visa, speaks with Jeny Maier and Anora Wang about why corporate boards should view antitrust as an enterprise risk alongside cybersecurity, financial controls, and compliance. Listen to this episode to learn about the board's oversight role, lessons from recent Delaware fiduciary duty cases, and the practical questions every director should be asking to help protect long-term enterprise value. With special guest: Julie Goshorn Related Links: Julie Goshorn on LinkedIn Hosted by: Jeny Maier, Axinn and Anora Wang, Arnold & Porter
#388
July 27 · 40 min
#388 Who's Minding the Money? The Role of Competition Authorities in Digital Finance
Digital financial services are transforming the way we bank, borrow, save, invest, and make payments. But are these innovations creating more competitive markets, or are they simply fostering new forms of market power? On this episode of Our Curious Amalgam, we speak with Beatriz Marques of the OECD Competition Division about the evolving competitive landscape in digital finance. We explore the role of FinTechs, incumbent banks, card networks, and BigTech platforms; the importance of data, interoperability, and open banking; and what competition authorities can do to foster innovation while protecting competition and consumers in an increasingly digital financial ecosystem. With special guest: Beatriz Marques, OECD Related Links: OECD (2025), "Competition in mobile payment services", OECD Roundtables on Competition Policy Papers, No. 324, OECD Publishing, Paris OECD (2025), "Balancing prudential regulation and competition considerations in banking", OECD Roundtables on Competition Policy Papers, No. 329, OECD Publishing, Paris OECD (2026), "Banking Unbundled: Competition in the Age of Digitalisation" Hosted by: Anora Wang, Arnold & Porter and Lexi Michaud, Fried Frank
#387
July 20 · 38 min
#387 Can Potential Vertical Integration Harm Be (Silver) Screened Horizontally?
Vertical merger review has long rested on the principle that competitive harm is most likely when a merged firm has both the ability and incentive to foreclose rivals, yet courts and enforcers often struggle to establish that harm empirically. But can potentially anticompetitive vertical integrations be screened in advance using observable market characteristics? Charles Hodgson, Assistant Professor of Economics at Yale University and Faculty Research Fellow at the NBER, and Shilong Sun, Senior Economist at Compass Lexecon, join Anora Wang and Panos Dimitrellos to discuss how evidence from the Chinese film industry sheds light on when vertical foreclosure is likely to emerge, why downstream concentration and upstream product substitutability matter, and how these findings may inform modern merger review across industries ranging from movie theaters to digital platforms. Listen to this episode to learn more about how a practical screening framework for vertical mergers could help identify when foreclosure concerns are most likely to arise and provide enforcers and practitioners with a more evidence-based approach to assessing competitive harm. With special guests: Charles Hodgson, Professor, Yale and Shilong Sun, Dr., Compass Lexecon Related Links: Charles Hodgson bio Shilong Sun bio Heterogeneity in Vertical Foreclosure: Evidence from the Chinese Film Industry Hosted by: Panos Dimitrellos, Secretariat Economists and Anora Wang, Arnold & Porter
#386
July 13 · 37 min
#386 How Is AI Changing the Practice of Antitrust Law? A Discussion With Daniel Schwarz of CompetitionAI
AI is transforming all areas of legal practice. But what are the special issues in antitrust? Daniel Schwarz, CEO and Founder of CompetitionAI and a former antitrust attorney at Clifford Chance and the IMF, joins Matthew Hall and Alysha Pannu to discuss the use of AI in antitrust now and in the future and its impact on lawyers and competition authorities. Listen to this episode to learn more about CompetitionAI and the impact of AI on antitrust practice and enforcement. With special guest: Daniel Schwarz, co-founder, CompetitionAI Related Links: CompetitionAI website Hosted by: Matthew Hall, McGuireWoods and Alysha Pannu, Osler Hoskin & Harcourt
#385
July 6 · 30 min
#385 How Do We Level the AI Fluency Playing Field? The 21 Days of AI Grit and Growth Mindset Challenge
Are you as AI fluent as you should be? The American Bar Association's "21 Days of AI: A Grit and Growth Mindset Challenge" is a free online resource that offers a path toward becoming adept in the use of AI to enhance legal practice and professional development. In this episode, hosts Alicia Downey and James Hunsberger speak with legal innovation strategist and "21 Days of AI" co-author Gabrielle Kohlmeier about the origins of the Challenge and how closing the AI knowledge gender gap was a key driver of the project. Listen and learn how the "21 Days of AI" can level the AI fluency playing field not just for women lawyers, but for anyone contending with the AI revolution in their work and personal life. With special guest: Gabrielle ZA Kohlmeier, Principal and Founder, GK Strategic Advisory, former Verizon Global Head of Legal Change Related Links: The 21 Days of AI: A Grit and Growth Mindset Challenge The Grit and Growth Mindset Project Hosted by: Alicia Downey, Downey Law and James Hunsberger, Axinn, Veltrop & Harkrider
#384
June 29 · 31 min
#384 What's Up? Enforcement Updates From the Middle East and Africa
What have been the latest competition law developments across the Middle East and Africa in the last year? Nicolas Bremer and John Oxenham join Matthew Hall and Jeny Maier to discuss new filing regimes, agency priorities and hot topics for competition law compliance in jurisdictions across the Middle East, COMESA, and South Africa. Listen to this episode to get up to speed on what to know about these rapidly developing and evolving jurisdictions. With special guests: Nicolas Bremer, Partner, Bremer Law Firm and John Oxenham, Partner, Primerio Hosted by: Matthew Hall, McGuireWoods and Jeny Maier, Axinn, Veltrop & Harkrider
#383
June 22 · 27 min
#383 What's the Role of Communications Strategy in M&A? How Public Affairs Impacts Antitrust
Recently, the role of lobbying in M&A has become the talk of the antitrust bar in current administrations in the U.S. and in other jurisdictions. But what about the related discipline of public affairs? Nat Wood, Managing Director of Rational 360, a strategic communications, public affairs, and crisis management firm, joins Jeny Maier and Puja Patel to discuss what's involved in crafting a public affairs strategy to support an M&A deal and how the playbook is changing in the current administration. Listen to this episode if you want to learn more about the tools of the trade for strategic communications in merger advocacy. With special guest: Nat Wood, Managing Director, Rational 360 Hosted by: Jeny Maier, Axinn, Veltrop & Harkrider and Puja Patel, Cleary Gottlieb Steen & Hamilton
#382
June 15 · 28 min
#382 What's Up? Enforcement Updates From Austria and Switzerland
What is happening in competition enforcement in Austria and Switzerland? Lukas Cavada, Executive Director for International Affairs at Austria's Federal Competition Authority (BWB), joins Anora Wang to discuss the BWB's most significant accomplishments over the past year, key competition enforcement developments in Austria, and the evolving challenges facing competition authorities in an increasingly global marketplace. Next, Dr. Laura Melusine Baudenbacher, President of the Swiss Competition Commission (ComCo), speaks with Anora Wang on ComCo's unique structure, key recent legal changes and enforcement accomplishments, focus on labor markets, and more. Join us for a look at how Austria and Switzerland are steering competition enforcement, the key developments to watch in 2026, and what these shifts mean for businesses and practitioners. With special guests: Lukas Cavada, Executive Director for International Affairs, BWB (Austrian Federal Competition Authority) and Dr. Laura Melusine Baudenbacher, President, ComCo (Swiss Competition Commission) Related Links: BWB (Austrian Federal Competition Authority) ComCo (Swiss Competition Commission) Hosted by: Anora Wang, Arnold & Porter
#381
June 8 · 38 min
#381 A New Era for EU and UK Deals? The EC's Draft Merger Guidelines and the CMA's Growth Approach
The analysis of mergers in the EU and UK is adapting to take account of a changed worldwide geo-political and trade context. But what does this mean in practice? Stuart Hudson, co-lead of Brunswick's global regulatory practice, joins Matthew Hall and James Hunsberger to discuss the European Commission's draft new EU Merger Guidelines and changes in the UK. Listen to this episode to learn more about what is in the draft EU guidelines, why the changes have been made, the UK's new approach, a prediction on EU/UK convergence or divergence and the risk of politicisation of merger control. With special guest: Stuart Hudson, co-lead global regulatory practice, Brunswick Group Related Links: Stuart Hudson, "Six types of politicisation", 4 May 2026 European Commission, Draft new EU Merger Guidelines, 30 April 2026 UK Government, Strategic steer to the UK Competition and Markets Authority, 15 May 2025 UK CMA, CMA launches review of its approach to merger efficiencies, 15 January 2026 UK CMA, Merger remedies CMA87, 19 December 2025 Hosted by: Matthew Hall, McGuireWoods and James Hunsberger, Axinn, Veltrop & Harkrider
#380
June 1 · 30 min
#380 What Is Happening at the OECD Competition Division? A Discussion With Ori Schwartz
The OECD's Competition Division carries out the organisation's work on worldwide competition law, policy and enforcement. But what does this mean in practice? Ori Schwartz, Head of the Competition Division, joins Matthew Hall to discuss the Division's activities. Listen to this episode to learn more about the Division's recent and upcoming focus areas. With special guest: Ori Schwartz, Head, OECD Competition Division Related Links: OECD Competition Division webpage Hosted by: Matthew Hall, McGuireWoods
#379
May 25 · 33 min
#379 What's Up? Enforcement Updates from Ireland, Brazil, and Paraguay
What are the latest trends and developments in competition law enforcement in Ireland, Brazil, and Paraguay? Geoffrey Gray of the Irish Competition and Consumer Protection Commission (CCPC), joins Lexi Michaud to discuss his agency's efforts to refine merger analysis and enhance competition in Ireland's taxi and ride-sharing sector. Brazilian CADE President Gustavo Augusto speaks with Matthew Hall about how his agency has been deploying AI to analyze market data and identify possible cartel activity. Finally, Eduardo Barros, President of Paraguay's CONACOM, talks to Alicia Downey about how his relatively young agency has been growing and successfully collaborating with other agencies. Listen to this episode to hear about how all three competition agencies are approaching competition law enforcement and advocacy in 2026. With special guests: Geoffrey Gray, Commission Member, Competition and Consumer Protection Commission (CCPC), Ireland Gustavo Augusto Freitas de Lima, President, Administrative Council for Economic Defense (CADE), Brazil Eduardo Barros, President, CONACOM, Paraguay Related Links: Ireland Competition and Consumer Protection Commission (CCPC) Administrative Council for Economic Defense (CADE), Brazil Comisión Nacional de la Competencia (CONACOM), Paraguay Hosted by: Matthew Hall, McGuireWoods, Lexi Michaud, Fried Frank, and Alicia Downey, Downey Law
#378
May 18 · 37 min
#378 How Do Enforcers Approach Information Sharing and Benchmarking?
Benchmarking and information sharing can be procompetitive, but modern data tools can also make it easier for rivals to coordinate on prices. But when does benchmarking cross the line into unlawful antitrust conduct? Norman Lee Morris, Attorney for Mississippi Attorney General, joins Panos Dimitrellos and Alysha Pannu to discuss the evolution of antitrust enforcement, the economic risks posed by real-time algorithmic pricing and data aggregation, and what recent cases like RealPage and Agri Stats reveal about enforcement priorities. Listen to this episode to learn more about how antitrust law applies to information exchanges, and why the economics of benchmarking matter so much in today's markets. With special guest: Norman Lee Morris, Attorney for Mississippi Attorney General Hosted by: Alysha Pannu, Osler Hoskin & Harcourt and Panos Dimitrellos, Secretariat Economists
#377
May 11 · 28 min
#377 What's Up? Enforcement Updates From Australia and New Zealand
What is happening in competition enforcement in Australia and New Zealand? Luke Woodward, Commissioner at the Australian Competition & Consumer Commission (ACCC), joins Lexi Michaud to discuss the ACCC's distinctive joint competition and consumer protection mandate, the ACCC's role in deregulation as a way to unlock innovation, growth, and productivity, and where the ACCC is focused to keep pace with changing markets. Next, Luke Becker, Chief Legal Counsel of Competition at the New Zealand Commerce Commission (NZCC), speaks with Anora Wang on the NZCC's approach to digital markets, enforcement priorities, and the application of traditional regulatory tools in evolving market contexts. Join us for a look at how Australia and New Zealand are steering competition enforcement across the Asia‑Pacific, the key developments to watch in 2026, and what these shifts mean for businesses and practitioners. With special guests: Luke Woodward, Commissioner, Australian Competition & Consumer Commission and Luke Becker, Chief Legal Counsel (Competition), New Zealand Commerce Commission Related Links: Australian Competition & Consumer Commission (ACCC) New Zealand Commerce Commission (NZCC) Hosted by: Lexi Michaud, Fried Frank and Anora Wang, Arnold & Porter

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