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

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:

Cordel Institute for Policy in Law and Medicine, Washington University in St. Louis, Comment to FTC on COPPA (Mar. 12, 2024)

Neil Richards, Woodrow Hartzog, & Jordan Francis, A Concrete Proposal for Data Loyalty (2023) 

Hosted by:

Anora Wang, Arnold & Porter Kaye Scholer LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz

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

The 2010 FTC/DOJ Horizontal Merger Guidelines indicate that merger review should consider whether a proposed merger may lessen competition by eliminating a "maverick" firm that plays a disruptive role in the market to the benefit of consumers. But how do we know when a proposed merger involves such a maverick? In this episode, hosts Alicia Downey and Matt Reynolds talk with Baker Botts LLP partner and DOJ alumna Taylor Owings about what she thinks should be the defining features of maverick firms. Listen to this episode to learn more about the theory of "disruptive innovation," the maverick concept, and their potential roles in merger analysis.

With special guest:

Taylor M. Owings, Partner, Baker Botts LLP

Related Links:

Taylor M. Owings, "Identifying a Maverick: When Antitrust Law Should Protect a Low-Cost Competitor", 66 Vand. L. Rev. 323 (2013)

Clayton M. Christensen et al., "What Is Disruptive Innovation?", Harv. Bus. Rev., Dec. 2015

Edgewell Personal Care Company and Harry's, Inc. (FTC case page)

U.S. v. H&R Block, Inc., et al. (DOJ case page)

Check out two of Taylor's favorite board games:

Cyclades | Board Game | BoardGameGeek

Power Grid | Board Game | BoardGameGeek

And a card game that Taylor and Matt both enjoy:

Dominion | Board Game | BoardGameGeek

Hosted by:

Alicia L. Downey, Downey Law LLC and Matthew J. Reynolds, Partner, Huth Reynolds LLP

The Anti-Monopoly Law (AML) is China’s principal antitrust statute, as recently amended in August 2022, exactly 14 years after its inception. What has changed about China’s antitrust regime over the years? Steve Harris, respected practitioner and thought leader on Asian antitrust laws, speaks with Anora Wang and Christina Ma about his experiences with and perspectives of the AML, enforcement, and relevant agencies. Listen to this episode to learn about the significant developments of China’s antitrust law.

With special guests

H Stephen Harris Jr., Attorney at Law

Related Link:

American Bar Association Comments on Five Draft Provisions Implementing the Anti-Monopoly Law of China (August 18, 2022) 

Hosted by:

Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen, & Katz

John Roberti, one of the founders of Our Curious Amalgam and a longtime leader in the ABA Antitrust Law Section, just wrapped up his term as co-chair of the committee that produces our weekly podcasts. Looking back, what does John think about the evolution of OCA and what does he hope will be his legacy? To find out, Christina Ma and Alicia Downey interviewed John for a special farewell episode. Listen to this episode for stories about the early days of OCA and John's unique take on what it means to be from Delco.

With special guests:

John Roberti, Partner, Cohen & Gresser LLP

Hosted by:

Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Alicia Downey, Downey Law LLC

Tom Zych of Cleveland, Ohio has taken on the big job of chairing the Antitrust Law Section for the 2022-23 ABA year. Who is the Section's new chair and what makes him tick? In this episode Alicia Downey and Matt Reynolds talk to Tom about what he'll focus on during his term and the legacy he hopes to leave behind. Listen to this episode to get to know Tom and, as a bonus, meet Mark Butscha, who will serve in the important role of Counsel to the Chair.

With special guests:

Thomas F. Zych, Partner, Thompson Hine LLP and Mark R. Butscha, Jr., Partner, Thompson Hine LLP

Related Link:

ABA Antitrust Law Section - Home

Hosted by:

Alicia L. Downey, Downey Law LLC and Matthew J. Reynolds, Huth Reynolds LLP

A Denver jury recently acquitted defendants in the highly publicized third criminal trial involving allegations of price fixing in the chicken industry. What led to that not guilty verdict? Defense attorneys Rick Kornfeld and David Beller join Jaclyn Phillips and Christina Ma in a two-part series discussing the trials, strategy, and lessons learned. Listen to Part II today and hear Rick & David's reflections on the three trials--from simplifying complex themes to diversity in the courtroom.

With special guests:

Rick Kornfeld, Shareholder, Recht Kornfeld PC and David Beller, Shareholder, Recht Kornfeld PC

Hosted by:

Christina Ma, Partner, Wachtell, Lipton, Rosen, & Katz and Jaclyn Phillips, Associate, White & Case LLP

A Denver jury recently acquitted defendants in the highly publicized third criminal trial involving allegations of price fixing in the chicken industry. What led to that not guilty verdict? Defense attorneys Rick Kornfeld and David Beller join Jaclyn Phillips and Christina Ma in a two-part series discussing the trials, strategy, and lessons learned. Listen to Part I today and hear all about the allegations and evidence, how the case evolved over time, and reflections on this historic outcome.

With special guests:

Rick Kornfeld, Shareholder, Recht Kornfeld PC and David Beller, Shareholder, Recht Kornfeld PC

Hosted by:

Christina Ma, Partner, Wachtell, Lipton, Rosen, & Katz and Jaclyn Phillips, Associate, White & Case LLP

In a time of increased uncertainty surrounding antitrust issues, Section 8 of the Clayton Act and private equity firms have recently become two topics of interest. What are the implications of recent comments from enforcers on these issues? Ken Schwartz, antitrust partner at Skadden, joins Christina Ma and Jaclyn Phillips to discuss the current landscape around Section 8 as an enforcement tool and private equity transactions. Listen to this episode to hear more about what changes we may (or may not) see going forward.

With special guest:

Kenneth B. Schwartz, Partner, Skadden

Hosted by:

Christina Ma, Wachtell, Lipton, Rosen & Katz and Jaclyn Phillips, White & Case LLP

The bases for the enhanced antitrust enforcement programs at the Antitrust Division have been discussed often but understood rarely. What are the key assumptions that are being challenged as part of the new antitrust regime? David Lawrence, Policy Director at the Department of Justice Antitrust Division, joins John Roberti, Anant Raut and Aaron Yeater to discuss four key assumptions that new enforcers view with skepticism. Listen to this episode to understand better what is animating enforcement at the Antitrust Division.

With special guest:

David Lawrence, Policy Director, U.S. Department of Justice Antitrust Division

Related Link:

https://www.justice.gov/opa/speech/antitrust-division-policy-director-david-lawrence-delivers-keynote-hal-white-antitrust

Hosted by:

John Roberti, Cohen & Gresser LLP, Aaron Yeater, Analysis Group, and Anant Raut

The United States International Trade Commission (ITC) may have been a familiar forum to parties in international trade to address disputes over intellectual property rights. But can the ITC also be an alternative adjudication body for private antitrust litigation? The Honorable F. Scott Kieff, Professor of Law at the George Washington Law School and former USITC commissioner speaks with Anora Wang and Christina Ma on the ITC’s design, the agency’s Section 337 docket, and ITC proceedings involving antitrust. Listen to this episode to learn about the ITC as an agency and its relevance to competition.

With special guest:

F. Scott Kieff, Fred C. Stevenson Research Professor of Law, George Washington University Law School

Related Links:

1. F. Scott Kieff, Private Antitrust at the U.S. International Trade Commission, 14 J. Comp. L. & Econ. 46 (2018)

2. F. Scott Kieff, "A Soup to Nuts Overview of a Job Search: A Common Sense Primer for Law Students" (2009)

Hosted by:

Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz

There is a growing interest in understanding the “ownership interests hypothesis,” i.e., whether investors holding interests in competing firms will soften firms’ incentives to compete and generate anticompetitive effects. But what do the data show? Isabel Tecu, principal at Charles River Associates and co-author of a leading study on common ownership focusing on the airlines industry, discusses her observations and insights with Anora Wang and Christina Ma. Listen to this episode to learn about the knowns and unknowns from the empirical evidence as well as implications for competition policy.

With special guest:

Isabel Tecu, Principal, Charles River Associates

Related Links:

1. José Azar, Martin C. Schmalz & Isabel Tecu, Anticompetitive Effects of Common Ownership (Working Paper, 2014)
2. Isabel Tecu, "Anticompetitive Effects of Common Ownership" at Seven Years, Antitrust Magazine, Volume 36, Issue 1 (Fall 2021)

Hosted by:

Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz

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:

European Commission Mergers Website Page
Court of First Instance judgment in Airtours
Court of First Instance judgment in Tetra Laval/Sidel
Court of First Instance judgment in Schneider/Legrand

Hosted by:

Matthew Reynolds, Huth Reynolds LLP and Matthew Hall, McGuireWoods London LLP

The FTC’s General Counsel (GC) is the agency’s chief legal officer and adviser that provides counsel on various issues of law and policy and represents the agency in court. What are some of the most regular and important issues at the FTC’s GC office? Prof. Alden Abbott, former FTC GC and current Senior Research Fellow at George Mason University’s Mercatus Center, speaks with John Roberti and Anora Wang on issues including the Administrative Procedure Act, which can be critical especially when the agency expands or restricts its authorities. Listen to this episode to better understand the FTC’s GC role.

With special guest:

Alden Abbott, Senior Research Fellow, Mercatus Center at George Mason University

Related Links:

Alden Abbott, FTC Competition Regulation: A Cost-Benefit Appraisal (June 28, 2021)

Hosted by:

John Roberti, Cohen & Gresser and Anora Wang, Arnold & Porter

The Section Lunch at the Antitrust Law Section’s Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competition agency chiefs in their countries. By popular demand, we are dedicating an episode of Our Curious Amalgam to each of these inspiring panelists. In this episode, hosts Alicia Downey and Jaclyn Phillips ask Cani Fernández, President of the Spanish National Markets and Competition Commission, to talk about Spain's competition regime, newsworthy accomplishments of the Commission under her leadership, and her own professional journey.

With special guest:

Cani Fernández, President of the Spanish National Markets and Competition Commission

Related Link:

Spanish National Markets and Competition Commission

Hosted by:

Alicia Downey, Downey Law LLC and Jaclyn Phillips, White & Case LLP

Amidst the current momentum for antitrust reform, are U.S. lawmakers and enforcers thinking about the role of innovation in the right way? Aurelien Portuese, Director of the Schumpeter Project on Competition Policy at the Information Technology and Innovation Foundation, joins Sergei Zaslavsky and Sarah Zhang to discuss the concept of dynamic efficiency and how antitrust should feature innovation as a central concern. Listen to this episode if you want to learn more about the importance of innovation to competition policy, the relationship between innovation and market power, and whether contemplated antitrust reforms sufficiently take innovation into account.

With special guest:

Aurelien Portuese, Director of the Schumpeter Project, ITIF

Related Link:

Aurelien Portuese biography 

Hosted by:

Sergei Zaslavsky and Sarah Zhang

The Section Lunch at the Antitrust Law Section’s Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competition agency chiefs in their countries. By popular demand, we are dedicating an episode of Our Curious Amalgam to each of these inspiring panelists. In this episode, hosts Alicia Downey and Elyse Dorsey ask former Israeli Competition Authority Director-General Michal Halperin to talk about Israel’s competition regime, newsworthy accomplishments of the Competition Authority under her leadership, and her own professional journey.

With special guest:

Michal Halperin, Senior Fellow, Mossavar-Rahmani Center for Business & Government, Harvard Kennedy School

Related Link:

Israeli Competition Authority

Hosted by:

Alicia Downey, Downey Law LLC and Elyse Dorsey, Kirkland & Ellis LLP

The Section Lunch at the Antitrust Law Section’s Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competition agency chiefs in their countries. By popular demand, we are dedicating an episode of Our Curious Amalgam to each of these inspiring panelists. In this episode, hosts Alicia Downey and Anant Raut ask Rahat Kaunain Hassan, Chairperson of the Competition Commission of Pakistan, to talk about Pakistan's competition regime, some of the Commission's most newsworthy accomplishments under her leadership, and her own professional journey.

With special guest:

Rahat Kaunain Hassan, Chairperson, Competition Commission of Pakistan

Related Links:

Competition Commission of Pakistan Website

The Sugar Cartel Order dated 13 August 2021 

The RPM Order in the Home Appliances Market dated 11 March 2022 (Haier/DEL Order)

CCP’s in-house documentary in celebration of Women’s Day 2021, highlighting the experiences of CCP’s female officers

"Remedy" - poem by Rahat Kounain Hassan

Hosted by:

Alicia Downey, Downey Law LLC and Anant Raut

The Section Lunch at the Antitrust Law Section’s Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competition agency chiefs in their countries. By popular demand, we are dedicating an episode of Our Curious Amalgam to each of these inspiring panelists. In this episode, hosts Alicia Downey and Anora Wang ask former COFECE Chair Alejandra Palacios to talk about Mexico’s competition regime, newsworthy accomplishments of COFECE under her leadership, and her own professional journey.

With special guest:

Alejandra Palacios, Senior Fellow at the Sol Price School of Public Policy at the University of Southern California (USC)

Related Links:

COFECE - Federal Economic Competition Commission

A converging competition agenda for the prosperity of Mexico and the United States

Hosted by:

Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter

Under the U.S. Supreme Court case FTC v. Actavis (2013), antitrust analysis of “reverse settlements” of IP litigations between makers of branded small molecule drugs and generics requires an analysis under the rule of reason. Are there distinct challenges presented by settlements between branded biologics and biosimilars? Sean Sheridan and Archan Ruparel, principals at Charles River Associates, speak with Anora Wang and Christina Ma on the complexities of negotiating patent settlements involving biosimilars. Listen to this episode to learn about pharmaceutical entry, price erosion, and more.

With special guests:

Sean Sheridan, Principal, Charles River Associates and Archan Ruparel, Principal, Charles River Associates

Related Link:

Sean Sheridan and Archan Ruparel, FDA Biosimilar Approval Foreshadows IP Litigation Issues (September 15, 2021)

Hosted by:

Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz

The U.S. Federal Trade Commission’s current leadership has a vision for changing various aspects of antitrust laws through rulemaking. But can the FTC’s rulemaking withstand administrative law challenges in federal court? Richard Pierce, renowned administrative law scholar and professor at The George Washington University, walks through the FTC's proposals and potential administrative law challenges with Anora Wang and Christina Ma. Listen to this episode to learn about the legal bases, limitations, and challenges to FTC rulemaking.

With special guest:

Richard J. Pierce Jr., Lyle T. Alverson Professor of Law, The George Washington University Law School

Related Links:

Richard J. Pierce Jr, Can the Federal Trade Commission Use Rulemaking to Change Antitrust Law? (2021)

Richard J. Pierce Jr, Important Changes at the Intersection of Antitrust and Administrative Law (2022)

Hosted by:

Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz

In March 2022, the U.S. DOJ made headlines with the announcement it is considering bringing criminal monopolization cases under Section 2 of the Sherman Act for the first time in nearly fifty years. But is there any precedent that can help us understand what criminal prosecution of monopolization conduct would look like? Tiffany Rider and James Hunsberger of Axinn join John Roberti and Jaclyn Phillips to walk us through the decades-old case law and lay out the challenges DOJ might face trying to bring these cases under the modern antitrust framework. Listen to this episode to learn about whether the past can tell us anything about what DOJ will do in the future.

With special guests:

Tiffany Rider, Partner, Axinn and James Hunsberger, Counsel, Axinn

Related Link:

Axinn Antitrust Insight: DOJ Officials Raise Specter of Criminal Monopolization Prosecutions 

Hosted by:

John Roberti, Partner, Cohen & Gresser and Jaclyn Phillips, Associate, White & Case LLP

Labor market competition is one of the hottest issues in antitrust right now. Are workers being underpaid? Yes, says Treasury Department Deputy Assistant Secretary Neil Mehrotra, who joins Anant Raut and Alicia Downey to discuss the startling findings of Treasury's investigation into labor market competition. Listen to this episode to learn what we've misunderstood about labor market power, why workers are getting paid less than they should, and President Biden's long history combating this issue.

With special guest:

Neil Mehrotra, Deputy Assistant Secretary for Macroeconomics in the U.S. Treasury Department’s Office of Economic Policy

Related Link:

Investigation into labor market competition

Hosted by:

Anant Raut and Alicia Downey

The episode is "Honoring Asian American and Pacific Islander Heritage Month" with Indian-American host Anant Raut and guest Neil Mehrotra.

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:

16 CFR Part 255, Guides Concerning Use of Endorsements and Testimonials in Advertising
Disclosures 101 for Social Media Influencers
The FTC Endorsement Guides: What People Are Asking (FAQs)

Hosted by:

Alicia Downey, Downey Law LLC and Matthew Reynolds, Huth Reynolds LLP

Tumultuous political change, including the rise of populism, has been one of the key trends of the past decade. How do the shifting political winds affect antitrust, the largely technocratic domain some consider to be apolitical? University of Warsaw Professor Maciej Bernatt joins Christina Ma and Sergei Zaslavsky to discuss the interrelationship between rising autocracy and populism in Central Europe (and other parts of the world) and competition policy and enforcement. Listen to this episode to learn how political change in Poland and Hungary has affected the antitrust world, and what lessons antitrust enforcers and practitioners can draw from this experience.

With special guest:

Maciej Bernatt, University of Warsaw

Related Link:

Maciej Bernatt's book, Antitrust and Populism (enter the code BERNATT22 at checkout for a 20% discount) 

Hosted by:

Sergei Zaslavsky and Christina Ma

In recent years, efforts by state attorneys general to enforce the antitrust laws have been in the news far more than in the past, as state AGs have taken the lead in challenging no poach agreements and pursuing cutting edge theories in prosecutions of Big Tech companies. How and why are the states making competition an enforcement priority? In this episode, hosts Melissa Maxman and Alicia Downey talk with Milton Marquis, an antitrust practitioner with decades of experience representing clients in state investigations and enforcement proceedings. Listen to this episode to learn about the current enforcement scene and sectors of interest to state enforcers.

With special guest:

Milton A. Marquis, Partner, Cozen O'Connor

Hosted by:

Melissa Maxman, Partner, Cohen & Gresser and Alicia Downey, Downey Law LLC

The Spring Meeting brings together thousands of antitrust practitioners and enforcers and this year was no exception. What did the attendees have to say? Alicia Downey and Anora Wang speak with Advocate John Simpson, Tribunal Member of South Africa’s National Consumer Tribunal, Brenda Gisela Hernández Ramírez, Acting Chair of COFECE (Mexico), and Ricardo Riesco, Head of Fiscalía Nacional Económica (Chile), on their agencies' priorities for the year and advice for practitioners. Listen to this episode to hear from these international enforcers "live" from the Spring Meeting.

With special guests:

Advocate John Simpson, Tribunal Member, National Consumer Tribunal of South Africa, Brenda Gisela Hernández Ramírez, Acting Chair of COFECE (Mexico), and Ricardo Riesco, Head of Fiscalía Nacional Económica (Chile)

Related Links:

National Consumer Tribunal (South Africa)

Comisión Federal de Competencia Económica/COFECE (Mexico)

Fiscalía Nacional Económica (Chile) 

Hosted by:

Anora Wang, Arnold & Porter and Alicia Downey, Downey Law LLC

The Spring Meeting brings together thousands of antitrust practitioners and enforcers and this year was no exception. What did the attendees have to say? Anant Raut and Anora Wang speak with Olivier Guersent, Director General of Competition at the European Commission and Martin Coleman, Panel Chair and Panel Inquiry Chair of the UK Competition and Markets Authority, on their priorities for the year and advice for practitioners. Listen to this episode to hear from these international enforcers "live" from the Spring Meeting.

With special guests:

Olivier Guersent, Director General, European Commission Competition and Martin Coleman, Panel Chair and Panel Inquiry Chair, Competition and Markets Authority

Hosted by:

Anant Raut and Anora Wang

Jury bias is an important issue that should be understood and considered by all trial teams, including for antitrust cases. How and when should antitrust attorneys begin to address issues of bias? Jury experts Christina Ouska and Johanna Hillard of JuryScope join John Roberti and Jaclyn Phillips to explain to us what we mean when we talk about jury bias, when trial teams should start thinking about jury bias, and what attorneys can do about it. Listen to this important episode to start to understand this big topic and learn strategies to deal with bias from the early stages of your case.

With special guests:

Johanna Hillard, President, JuryScope and Christina Ouska, Senior Trial Consultant, JuryScope

Hosted by:

Jaclyn Phillips, White & Case and John Roberti, Cohen & Gresser LLP

Justice Breyer will retire at the end of this SCOTUS term after nearly 28 years on the bench. How did Justice Breyer approach antitrust? Eric Citron, Partner at Goldstein & Russell and former clerk for Justices O'Connor and Kagan, joins Christina Ma and Jaclyn Phillips to talk about Justice Breyer's antitrust jurisprudence and what we might expect when a new Justice joins the Court.

With special guest:

Eric Citron, Partner, Goldstein & Russell

Hosted by:

Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Jaclyn Phillips, Associate, White & Case LLP

Europe's General Data Protection Regulation (GDPR) was created to protect the personal data of individuals and to simplify the regulatory environment for data protection in Europe. As a regulatory scheme that has served as a model for other jurisdictions developing their own data protection and data privacy laws, is the GDPR living up to its intended purposes? Adam Penman of McGuireWoods London joins Kayla Odom and Matthew Hall to reflect on the GDPR's impact on organizations and to discuss the trends relating to the rights afforded to individuals by the GDPR. Listen in for a look at the key developments in the data protection and data privacy landscape upon the GDPR’s fourth anniversary.

Related Links:

#33 Can I Just Disappear? The Privacy Right to Be Forgotten.

#89 What’s the Deal with Data Portability? Understanding the Competition and Privacy Aspects Surrounding the Movement of Data.

Hosted by:

Kayla Odom, Freitas & Weinberg LLP and and Matthew Hall, McGuireWoods

For decades the FTC relied on its adjudicatory authority, applying its expertise on a case-by-case basis in administrative litigation, but now, FTC leadership seems to be shifting away from litigation to “legislative-style” rulemaking. What does that mean in practical terms? In this episode, co-hosts Jana Seidl and Alicia Downey speak with Adam White, a senior fellow at the American Enterprise Institute, and co-director of George Mason University’s Gray Center for the Study of the Administrative State, about what FTC rulemaking looks like and what we can expect. Listen to this episode to learn more about how FTC rulemaking started, how it evolved, recent changes to the process, and where the FTC may be headed with rulemaking.

Related Links:

FTC - Statement of Regulatory Priorities (Dec. 10. 2021)

Executive Order on Promoting Competition in the American Economy (July 9, 2021)

FTC - A Brief Overview of the Federal Trade Commission's Investigative, Law Enforcement, and Rulemaking Authority (May 2021)

Hosted by:

Jana Seidl, Baker Botts LLP and Alicia Downey, Downey Law LLC

Global cartel enforcement saw a resurgence in 2021, but throughout the globe, we saw a continued focus on domestic matters. Do last year's developments tell us anything about the areas that are likely to come into focus in 2022? John Terzaken, Partner and Global Co-Chair of Simpson Thacher's Antitrust and Trade Regulation Practice, joins Matthew Hall and Jaclyn Phillips to discuss the rise in cartel enforcement activity and what trends to look out for in 2022. Listen to this episode to learn more about enforcement priorities that may be on the rise and whether we can expect to see the growing globalization of enforcement in 2022.

Related Links:

Simpson Thacher's 2022 Global Cartel Forecast

Hosted by:

Matthew Hall, Partner, McGuireWoods London LLP and Jaclyn Phillips, Associate, White & Case LLP

There is a lot going on in the European competition law world and the European Commission recently published a review bringing the strands together. What does the review tell us about likely changes and the direction of policy? Claire Jeffs, competition law partner at Slaughter and May, joins Matthew Hall and Jaclyn Phillips to discuss the various issues covered by the Competition Policy Review and what it means. Listen to this episode to learn more about the direction of EU competition law and policy including how it will work alongside the EU's key policy goals of the green and digital transitions.

Related Links:

European Commission EU Competition Policy Review November 2021

Hosted by:

Matthew Hall, partner, McGuireWoods London LLP, and Jaclyn Phillips, associate, White & Case LLP

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:

New Zealand Commerce Commission

Israel Competition Authority

OCA Episode #175, Who Is Michal Halperin? Meet the Former Director-General of the Israeli Competition Authority

Norwegian Competition Authority

Hosted by:

Alicia Downey, Downey Law LLC and Jaclyn Phillips, White & Case LLP

It's unusual for a year to go by without the FTC challenging at least one contemplated or consummated hospital merger. What makes this area so ripe for antitrust scrutiny? Monica Noether, an economic expert in this area, joins Christina Ma and Elyse Dorsey to discuss this critical area of agency enforcement. Listen to this episode to hear more about how the agencies consider the costs—and potential benefits—of hospital mergers, and how changes driven by the COVID-19 pandemic, technological developments, and more are impacting this analysis.

Related Links:

Hospital Merger Benefits: Views from Hospital
Leaders and Econometric Analysis by Monica Noether, Ph.D. and Sean May, Ph.D.

Hospital Merger Benefits: Views from Hospital Leaders and Econometric Analysis - American Hospital Association

Hosted by: Elyse Dorsey and Christina Ma

Big Tech is in the news as numerous federal and state lawsuits against “the big four” (aka GAFA), Microsoft and TikTok, are pending. But is more regulation needed? Luther Lowe of Yelp speaks with Melissa Maxman and Christina Ma to discuss the benefits of The American Innovation and Choice Online Act, S. 2992. Listen to this episode of Our Curious Amalgam to learn more about this bill and why proponents claim that comprehensive antitrust legislation is needed to restore competition and ensure small business owners have an opportunity to succeed.

Hosted by: Melissa Maxman, Partner, Cohen & Gresser LLP, and Christina Ma, Wachtell, Lipton, Rosen & Katz

There has been a lot of discussion recently about whether large platforms can favor themselves over potential competitors. Some of these discussions surround high-profile pending legislation seeking to rein in the self-preferencing tactics and policies of some of the biggest technology platforms in the world. But is it a good idea to eliminate self-preferencing by large platforms? Adam Kovacevich, founder and CEO of the Chamber of Progress, joins John Roberti and Sarah Zhang to discuss whether it is necessary to address self-preferencing behavior by big tech platforms. Listen to this episode to learn more from an expert who has thought extensively about these issues.

Related Links:

Chamber of Progress

Hosted by:

John Roberti and Sarah Zhang

Competition enforcement authorities all over the world are bringing cases and enforcing new rules against Google, and as different jurisdictions impose widely different penalties and restrictions, it’s debatable whether those remedies have had the desired effects. So what are the best ways to address the perceived abuses of Google's dominance? Co-hosts Melissa Maxman and Alicia Downey get the answers from Megan Gray, the former General Counsel of one of Google’s leading competitors, DuckDuckGo. Listen to this episode to learn more about the challenges that governments face in trying to address the competition and privacy issues raised by Google's dominance among search engines.

Related Links:

UK Competition and Markets Authority, “Online platforms and digital advertising,” Market Study Final Report (July 1, 2020)

Commission Decision of 18.7.2018 relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union (the Treaty) and Article 54 of the EEA Agreement (AT.40099 – Google Android)

U.S. et al. v. Google LLC, Amended Complaint (Jan. 15, 2021)

State of Colorado et al. v. Google LLC, Revised Partially Redacted Complaint (Jan. 4, 2021)

Hosted by:

Melissa Maxman, Partner, Cohen & Gresser LLP, and Alicia Downey, Downey Law LLC

Facebook is the leading social network in the UK, as elsewhere. But has it unfairly treated its UK users? Dr. Liza Lovdahl Gormsen, competition law academic and practitioner, joins Matthew Hall and John Roberti to discuss her class action claim in the UK which seeks multi-billion pound damages from Facebook/Meta. Listen to this episode to learn more about the history and basis of the claim, what is alleged, how it is funded, and what it is like to be a class representative.

Related Links:

Legal team press release
UK Facebook claim website
Dr Gormsen profile
Facebook Germany decision (Federal Cartel Office)

Hosted by:

Matthew Hall, partner, McGuireWoods London LLP, London and John Roberti, partner, Allen & Overy, Washington DC

Antitrust enforcers, academics, and politicians are embroiled in a debate over whether the consumer welfare standard is the right policy for antitrust enforcement in the U.S. What are they fighting about and why does it matter? In this episode, we talk to Fiona Schaeffer and Ilana Kattan, two prominent antitrust practitioners and leaders in the ABA Antitrust Law Section, about what the consumer welfare standard is, and why it is the subject of intense debate in the US and globally. Listen to this episode to learn how the outcome of that debate will have significant ramifications for business conduct, mergers, and the U.S. economy as a whole.

Related Links:

Watch the Antitrust Law Section's "hot tub" debate about the consumer welfare standard! Livestream at 12 noon Eastern Standard Time on February 10, 2022, and on demand at the Section's YouTube channel.

Hosted by:

Alicia Downey, Downey Law LLC and Sergei Zaslavsky, Partner, O'Melveny & Myers LLP

The U.S. economy has seen a consumer price index increase of 7% in 2021, the largest 12-month gain since June 1982. But should antitrust be used as a tool to combat inflation? Josh Wright and Hal Singer, holding opposite views, debate, explain and answer questions from a live audience ranging from costs and benefits to theories and facts. Listen to this episode recorded live in George Mason law school, co-hosted by Anora Wang and Jana Seidl, and learn what key considerations go into this timely discussion.

Related Links:

Noah Phillips & Joshua Wright, As Inflation Rises, Antitrust ‘Reformers’ Target Lower Prices (2021)

Steven Salop & Fiona Scott Morton, The 2010 HMGs Ten Years Later: Where Do We Go From Here? (2020)

Hosted by:

Anora Wang, Arnold & Porter and Jana Seidl, Baker Botts

There has been a ton of antitrust litigation involving the NFL over the past 70 years. What have these cases been about, and what can they teach us about the doctrine and practice of antitrust more broadly? Stephen Ross, a Penn State law professor and an expert on sports antitrust law, joins Sergei Zaslavsky and Christina Ma to discuss the history of NFL (and other sport) antitrust litigation and the key lessons for antitrust practitioners. Listen to this episode to learn about the key antitrust concepts that sports litigation helped develop and sharpen, from intra-enterprise agreement doctrine to the application of the rule of reason.

Related Links:

American Needle v. National Football League Supreme Court Opinion

Stephen Ross bio and publications

Stephen Ross, The Single-Entity Doctrine of Antitrust as Applied to Sports Leagues

Hosted by:

Christina Ma, Wachtell, Lipton, Rosen & Katz and Sergei Zaslavsky, O'Melveny & Myers

Knowing that few people have the time or resources to initiate arbitration over relatively small damages, many large companies rely on mandatory arbitration provisions and class action waivers in their employment and consumer agreements. But what happens when plaintiffs’ attorneys file individual arbitration cases on behalf of thousands of claimants at the same time? In this episode, co-hosts Alicia Downey and John Roberti speak with Dave Rochelson, author of "Is This the End of Mandatory Arbitration?" about the new wave of so-called “mass arbitrations,” in which the respondent may be required to pay aggregated filing and case administration fees totaling hundreds of thousands, or even millions of dollars. Listen to this episode to discover how mass arbitration is leveling the playing field and calling into question the cost-benefit proposition of class waivers and mandatory arbitration.

Related Links:

David B. Rochelson, "Is This the End of Mandatory Arbitration?", Antitrust (ABA Fall 2021)

Hosted by:

Alicia Downey, Downey Law LLC and John Roberti, Allen & Overy LLP

Small chicken farmers are being pitted against each other by giant processing companies. Does the chicken industry have a concentration problem? Craig Watts, a contract poultry farmer for 22 years, joins Food & Power writer Claire Kelloway and the former head of the USDOJ Antitrust Division's criminal section, Brent Snyder, to discuss consolidation and price-fixing in the industry. Listen to this episode to learn more about the life of a chicken farmer, the state of concentration in the meat industry, and whether the Biden Administration's plans to fix it will help.

Related Links:

Why This Chicken Farmer Is Growing Mushrooms 
Addressing Concentration in the Meat Processing Industry to Lower Food Prices for American Families
Biden Meatpacking Reforms Lack Punch, Say Critics
Obama's Game of Chicken

Hosted by:

Anant Raut and Christina Ma

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:

Hong Kong Competition Commission

Educational short videos produced by the Hong Kong Competition Commission

Japan Fair Trade Commission

Hosted by:

Anora Wang, Arnold & Porter Kaye Scholer LLP

Merger control in China will likely be reshaped when the relevant law is amended affecting both the agency and enforcement goals. But what are the most notable changes? Janet Hui, partner at JunHe’s Hong Kong office and leading practitioner based in Beijing, speaks with Anora Wang and Christina Ma on the amendment to China’s Anti-Monopoly Law, restructure of relevant agency and personnel, and new enforcement focused on tech. Listen to this episode to learn what happens behind the scenes of China’s merger control.

Related Links:

2021 - Highlights of Anti-monopoly Guidelines in Field of Active Pharmaceutical Ingredients - Janet Hui

Hosted by:

Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz

As we reach the end of 2021, Our Curious Amalgam invites listeners to celebrate the new year by reflecting back on our second year of weekly podcasts focused on antitrust, consumer protection, and competition law around the world. Which episodes stood out from the pack? In this special program, five of our regular hosts offer highlights from their favorite episodes of the past year. Hear Christina Ma, Alicia Downey, Matthew Hall, Kayla Odom, Anora Wang, and Melissa Maxman talk about what made these episodes worth listening to for the first or second time.

Related Links:

The Best Episodes of 2021 (in order of appearance)

#119 Is This Game Over? Competition Law Implications of the Super League

#104 Have We Figured It Out? Online Privacy and Security in the “New Normal” of Video Conferencing

#128 When Will It Be the End of Global Anti-Suit Injunction Wars? Present & Prospective FRAND Litigation & Arbitration in China

#134 What Does It All Mean? Wu, Khan, Kanter and Antitrust Reform

#135 Is Equality a Value of Competition Law? A Conversation with Professor Eleanor Fox

Hosted by:
Christina Ma, Wachtell, Lipton, Rosen & Katz and Alicia Downey, Downey Law LLC

Additional Hosts:
Matthew Hall, McGuireWoods London LLP
Kayla Odom, Freitas & Weinberg LLP
Anora Wang, Davis Wright Tremaine LLP
Melissa Maxman, Cohen & Gresser LLP

There is growing interest in regulating how data are used, including in China. But what exactly is China doing to regulate the use of data and how does it compare to other jurisdictions' efforts? Dr. Angela Zhang, Associate Professor at the University of Hong Kong and author of Chinese Antitrust Exceptionalism, joins Anora Wang and Christina Ma to discuss the recent changes to Chinese data regulation. Listen to this episode to learn more about how China is dealing with data privacy and what it means for companies and individuals.

Hosted by:

Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz