Nov 27, 2023 · 19 min
OC
Government
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.
- 391 episodes
- Updated Yesterday
Episodes391
- OCNov 20, 2023 · 25 min
#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: Benjamin R. Dryden, Diane Hazel & Richard L. Flannery, An Analysis of the "Deputization" Theory of Section 8 of the Clayton Act, Antitrust Source (August 31, 2023) Diane Hazel, Richard L. Flannery & Benjamin R. Dryden, How To Assess Interlocking Directorates In Antitrust Ramp-Up, Law 360 (October 25, 2022) ABA Antitrust Law Section, Interlocking Directorates Handbook (2011) Hosted by: Alicia Downey, Downey Law LLC and Sergei Zaslavsky, O'Melveny & Myers LLP
- OCNov 13, 2023 · 43 min
#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: Press Release, STB Issues Proposed Rule Regarding Reciprocal Switching for Inadequate Service (Sept. 7, 2023) Press Release, Surface Transportation Board Adopts New Rules for Smaller Rate Disputes (Dec. 19, 2022) Press Release, STB Approves CP/KCS Merger with Conditions and Extended Oversight Period (Mar. 15, 2023) Hosted by: Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP
- OCNov 6, 2023 · 34 min
#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: FTC Sues Amazon for Illegally Maintaining Monopoly Power Complaint Amazon: The FTC's lawsuit against Amazon would lead to higher prices and slower deliveries for consumers—and hurt businesses Hosted by: Jana Seidl, Baker Botts LLP and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP
- OCOct 30, 2023 · 34 min
#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: Women Lawyers on Guard, Still Broken: Sexual Harassment and Misconduct in the Legal Profession IBA, Bullying and Sexual Harassment in the Legal Profession National Women's Law Center, #metoowhatnext: Strengthening Workplace Sexual Harassment Protections and Accountability Harvard Business Review, Why Sexual Harassment Programs Backfire And What to Do About it ABA Commission on Women in the Profession, Zero Tolerance Program Toolkit Forbes, 'What Was He Thinking?' Inside The Mind Of A Sexual Harasser Hosted by: Jana Seidl, Baker Botts LLP and Kellie Kemp, Co-Chair of Women.Connected
- OCOct 23, 2023 · 35 min
#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: European Commission website page for EU Foreign Subsidies Regulation Hosted by: Matthew Hall, Partner, McGuireWoods London LLP and Derek Jackson, Associate, Cohen & Gresser
- OCOct 16, 2023 · 44 min
#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: European Parliament Study: Personalised pricing (2022) 消费者应该有多少数据控制权? How much data control should consumers have? (Lecture video attached) (2022) (Chinese text + English webinar) Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Lijun Zhang, Freshfields Bruckhaus Deringer LLP
- OCOct 9, 2023 · 41 min
#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: Ai Deng, What Do We Know About Algorithmic Collusion Now? New Insights from the Latest Academic Research (2023) Ai Deng & Cristián Hernández, Algorithmic Pricing in Horizontal Merger Review: An Initial Assessment, Antitrust, Vol. 36, No. 2 (Spring 2022) Ai Deng, Algorithmic Collusion and Algorithmic Compliance: Risks and Opportunities, The Global Antitrust Institute Report on the Digital Economy 27 (2021) Las Vegas hotels accused of rental price conspiracy in class action, Reuters (Jan. 26, 2023) Algorithmic Price Fixing Leads to Antitrust Class Action Lawsuit, Natlawreview.com (Dec. 6, 2022) Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Panos Dimitrellos, Secretariat Economists
- OCOct 2, 2023 · 23 min
#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: Casey Mulligan, Ending Pay for PBM Performance: Consequences for Prescription Drug Prices, Utilization, and Government Spending (Sept. 2023) Casey Mulligan, Testimony before Senate Committee on Commerce, Science & Transportation (Feb. 16, 2023) Casey Mulligan, In Defense of Pharmacy Benefit Managers, Wall Street Journal Op-Ed (July 11, 2022) Hosted by: Alicia Downey and Jeny Maier
- OCSep 25, 2023 · 33 min
#240 Can Competition and Quality Coincide? Analyzing a Systematic Competition Law Approach to Healthcare and Quality Concerns
The role of antitrust in health care is a common topic in the antitrust world. But does health care quality play a big enough role in the discussion? Professor Theodosia Stavroulaki joins Jaclyn Phillips and Jeny Maier to discuss her new book, which focuses on the role of competition and quality in healthcare markets. Listen in to hear more about Professor Stavroulaki's compelling research. With special guest: Theodosia Stavroulaki, Assistant Professor of Law, Gonzaga University School of Law Related Links: Theodosia Stavroulaki, Mergers That Harm Our Health (Berkeley Business Law Journal) Hosted by: Jeny Maier, Axinn, Veltrop & Harkrider LLP and Jaclyn Phillips, White & Case LLP
- OCSep 18, 2023 · 30 min
#239 No More Clouds on the Horizon? The UK CMA's Investigation Into Microsoft's Acquisition of Activision Blizzard
Microsoft's proposed acquisition of Activision Blizzard was controversially blocked in its original form by the UK Competition and Markets Authority. What was the CMA's rationale and how has the investigation played out since then? Bruce Kilpatrick, partner at Addleshaw Goddard LLP in London, joins Christina Ma and Matthew Hall to discuss the UK element of the worldwide merger control investigation into this case. Listen to this episode to learn more about the CMA's original investigation, the parties' appeal to the UK Competition Appeal Tribunal, the CMA's review of an amended transaction and the future of behavioral remedies in the UK. With special guest: Bruce Kilpatrick, Partner, Addleshaw Goddard LLP Related Links: UK Competition and Markets Authority Microsoft/Activision Blizzard merger case page (original transaction) UK Competition and Markets Authority Microsoft/Activision Blizzard merger case page (amended transaction) European Commission press release Microsoft/Activision Blizzard merger clearance U.S. Federal Trade Commission press release challenge to Microsoft/Activision Blizzard merger Summary of appeal application at UK Competition Appeal Tribunal (original transaction) UK Competition Appeal Tribunal case page (original transaction) Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Matthew Hall, McGuireWoods London LLP
- OCSep 11, 2023 · 29 min
#238 Who Is Fiona Schaeffer? Meet the New Chair of the ABA Antitrust Law Section
Fiona Schaeffer, a prominent antitrust lawyer, has taken on the big job of leading the ABA Antitrust Law Section in 2023-24. In this episode, co-hosts Alicia Downey and Anora Wang interview Fiona about her goals for the year and the initiatives she is leading to explore the relationship between antitrust and consumer protection law and sustainability, as well as the impact of artificial intelligence on the law and the legal profession. Listen to this episode to get to know Fiona and, as a bonus, meet Anne Catherine Faye, the first economist appointed to serve in the important role of Counsel to the Chair. With special guests: Fiona Schaeffer, Milbank LLP and Anne Catherine Faye, Analysis Group Related Links: Upcoming ABA Antitrust Law Section events Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP
- OCSep 4, 2023 · 31 min
#237 Should We Bank on Changes? A Conversation About Bank Merger Policy
Bank failures in 2023 led to renewed interest in bank consolidation and debate over the role of antitrust in bank policy. But does this mean we can expect the DOJ Antitrust Division to change the way they are approaching bank mergers? Damian Didden, Partner at Wachtell, joins Jaclyn Phillips and Sergei Zaslavsky to explain the debate about bank consolidation and what we can glean from the Antitrust Division's statements about its approach to bank merger review. Tune in to learn more about whether you can bank on changes in this space. With special guest: Damian Didden, Partner, Wachtell, Lipton, Rosen & Katz Related Links: Wachtell Comments on Revisions to the 1995 Banking Guidelines Wachtell Lipton Criticizes Putting Politics in Bank Merger Antitrust Policy Hosted by: Jaclyn Phillips, White & Case LLP and Sergei Zaslavsky, O'Melveny & Myers
- OCAug 28, 2023 · 35 min
#236 What Is PE Anyway? All the Questions You Were Afraid To Ask About Private Equity
Private equity has been in the hot seat at the Federal Trade Commission and the Antitrust Division lately. Both agencies have increasingly expressed skepticism regarding PE buyers and owners, and have devoted more resources to investigating matters where PE parties are involved. But what exactly is PE? And how does it fit into the antitrust regulatory landscape? In this episode, co-hosts Elyse Dorsey and Jana Seidl speak with Sarahi Constantine Padilla, Senior Counsel at Warburg Pincus, about all-things private equity—and ask all the burning questions you might have been afraid to ask. With special guest: Sarahi Constantine Padilla, Senior Counsel at Warburg Pincus Related Links: U.S. v. UnitedHealth Group and Change Healthcare - Memorandum Opinion FTC's Khan puts private equity 'on notice' that roll-up strategies could be illegal Chair Lina Khan, Memorandum to Commission Staff and Commissioners Hosted by: Elyse Dorsey, Kirkland & Ellis LLP and Jana Seidl, Baker Botts LLP
- OCAug 21, 2023 · 31 min
#235 Win, Lose, or Draw? A Decade of Pharma Antitrust Since FTC vs. Actavis
Ten years ago, the U.S. Supreme Court issued its 5-3 decision in FTC v. Actavis, which held that the rule of reason should govern so-called "pay-for-delay" patent litigation settlement agreements between brand name and generic pharmaceutical manufacturers. In this episode, hosts Aaron Yeater and Alicia Downey talk to Kristen O'Shaughnessy and Dan Grossbaum about how the decision has shaped litigation in the years since and its implications for antitrust challenges in other industries. Listen to this episode to learn about the impact of the Actavis decision in the past ten years and in the future. With special guests: Kristen O'Shaughnessy, Partner, White & Case and Daniel Grossbaum, Associate, White & Case Related Links: FTC v. Actavis: Opinions and Oral Arguments Hosted by: Alicia Downey, Principal, Downey Law LLC and Aaron Yeater, Managing Principal, Analysis Group
- OCAug 14, 2023 · 27 min
#234 What About Small Tech? Democratizing Employment Data
Employment data is a critical component of the financial ecosystem—it's required documentation if you want to rent or buy a home, purchase a car, apply for a new job, or get a loan. As digital technology is transforming the manner in which payroll information is collected and leveraged, we're faced with important questions, the answers to which will shape the framework going forward. In this episode, we speak with Nick Lawson, General Counsel at Argyle, about all things employment data, including the current framework, what's happening with the CFPB's rulemaking on personal financial data rights, and predictions for what might be ahead. With special guest: Nicholas Lawson, General Counsel, Argyle Systems Inc. Related Links: CFPB Newsroom - CFPB Kicks Off Personal Financial Data Rights Rulemaking Argyle - Let's Make Consumer Permissions Fundamental to Payroll Data Hosted by: Jana Seidl, Senior Associate, Baker Botts LLP and Elyse Dorsey, Partner, Kirkland & Ellis LLP
- OCAug 7, 2023 · 50 min
#233 What Are the Thoughts Behind the Changes? Draft DOJ-FTC Merger Guidelines Explained by DOJ DAAGs
On July 19, 2023, the U.S. Department of Justice's Antitrust Division and the Federal Trade Commission issued the long-awaited draft Merger Guidelines. How should you approach the draft guidelines? The DOJ Antitrust Division's Deputy Assistant Attorney Generals Andy Forman and Michael Kades speak with Melissa Maxman and Anora Wang about the background, guiding principles, and some specific languages. Listen and engage in the constructive process of commenting on the guidelines. With special guests: Andrew Forman, Deputy Assistant Attorney General for the Antitrust Division, U.S. Department of Justice and Michael Kades, Deputy Assistant Attorney General for the Antitrust Division, U.S. Department of Justice Related Links: DOJ-FTC 2023 Draft Merger Guidelines (July 19, 2023) "Look Mickey" by Roy Lichtenstein (National Gallery of Art) Hosted by: Melissa Maxman, Cohen & Gresser LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP
- OCJul 31, 2023 · 47 min
#232 Never a Dull Moment In Antitrust? Conversation With Judge Douglas Ginsburg
Antitrust cases are often complex and technical, which invites suspicion that such cases should be decided by specialists rather than generalist judges. Would a judge who is truly an antitrust expert think the same? The honorable Judge Douglas Ginsburg of the U.S. Court of Appeals for the District of Columbia Circuit, speaks with Melissa Maxman and Anora Wang with the utmost candor and (at times) unexpected humor reflecting his decades of experiences, observations, and scholarship. With special guests: Judge Douglas Ginsburg, U.S. Court of Appeals for the District of Columbia Circuit Related Links: Antitrust Courts: Specialists versus Generalists, 36 FORDHAM INT'L. L.J. 788 (2013) (with Joshua D. Wright) Antitrust Courts: Specialists versus Generalists, 36 FORDHAM INT'L. L.J. 788 (2013) (with Joshua D. Wright) - alternate location Hosted by: Melissa Maxman, Cohen & Gresser LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP
- OCJul 24, 2023 · 38 min
#231 What's Happening in MENA? Trends and Developments in Middle East and Egyptian Antitrust
Merger control and antitrust enforcement continues to expand around the world. Is MENA ahead of or behind the curve? Nicolas Bremer, partner at law firm Bremer, joins Matthew Hall and Jeny Maier to discuss developments in Egypt, Saudi Arabia and Kuwait. Listen to this episode to learn more about merger control and antitrust rules in those jurisdictions and gain practical knowledge of how the regimes really work there. With special guest: Nicolas Bremer, Partner, Bremer Related Links: Bremer law firm resources Hosted by: Matthew Hall, partner, McGuireWoods London LLP and Jeny Maier, partner, Axinn, Veltrop & Harkrider LLP
- OCJul 17, 2023 · 30 min
#230 Will That Be Cash or Credit? Swipe Fees and Their Critics
The credit card industry has been the subject of increased antitrust scrutiny in recent years, even as consumer understanding of its inner workings remains low. But how did the American credit card system come to be, and are there changes for it on the horizon? Doug Kantor, General Counsel of the National Association of Convenience Stores, speaks with Christina Ma and Matt Reynolds about the history of credit and debit card payment systems, the "swipe fees" on which those systems are built, and the justifications offered over the years for those fees. Tune in to learn more about the development of card payment systems in the United States and the antitrust considerations that continue to influence their development even today. With special guest: Doug Kantor, General Counsel, National Association of Convenience Stores Related Links: https://www.convenience.org/Advocacy/Issues/SwipeFees https://www.congress.gov/bill/118th-congress/senate-bill/1838 Hosted by: Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Matthew Reynolds, Partner, Huth Reynolds LLP