Our Curious Amalgam – Details, episodes & analysis

The concept of intent is usually considered of little relevance to EU competition law enforcement and practice. But is that the reality and should this change? Maya-Salomé Garnier, lecturer at Aix-Marseille University, joins Matthew Hall and Alysha Pannu to discuss her book "Intent in Competition Law", which is the published version of her 2023 PhD thesis. Listen to this episode to learn more about the real role of intent in competition law and how an understanding of this can be used in practice.

With special guest:

Maya-Salomé Garnier, Maître de conférences en droit privé et sciences criminelles, Aix-Marseille Université, France

Related Links:

Intent in Competition Law, Maya-Salomé Garnier (Concurrences, 2025)

Hosted by:

Matthew Hall, McGuireWoods and Alysha Pannu, Osler Hoskin & Harcourt

Reverse acquihires are turning traditional merger dynamics on their head, raising fresh questions for dealmakers and regulators alike. But what exactly are the antitrust and HSR implications when talent, not technology or assets, drives the transaction? Sam Weinstein, Professor of Law at the Benjamin N. Cardozo School of Law, joins hosts Lexi Michaud and Anant Raut to unpack how reverse acquihires fit within existing merger frameworks, what, if anything, triggers reporting obligations, and where enforcement agencies may focus next. Listen to this episode to learn more about how shifting deal structures are testing the boundaries of antitrust review and compliance.

With special guest:

Sam Weinstein, Professor of Law at the Benjamin N. Cardozo School of Law and Faculty Co-Director of the Heyman Center on Corporate Governance

Related Links:

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5316792

Hosted by:

Lexi Michaud, Fried Frank and Anant Raut

Merger control regulators in the EU and around the world continue to focus on killer acquisitions. But is this concern justified in the digital sector? Professor Nicolas Petit, a leading competition law academic, joins Matthew Hall and Blair Matthews to discuss the Antitrust Law Journal article on the subject he co-authored and killer acquisitions generally. Listen to this episode to learn more about the methodology behind and findings in the paper and why the concerns on this issue may not be justified.

With special guest:

Professor Nicolas Petit, Professor, European University Institute; Visiting Professor, George Mason University, Scalia School of Law

Related Links:

• Killer Acquisitions: Evidence from European Merger Cases, Antitrust Law Journal, Volume 86, Issue 3, 22 May 2025 (subscribers)
• Federal Trade Commission press release, FTC Seeks to Block Virtual Reality Giant Meta's Acquisition of Popular App Creator Within, 27 July 2022
• Federal Trade Commission amended complaint against Meta, 7 October 2022

Hosted by:

Matthew Hall, McGuireWoods London LLP and Blair West Matthews, Cleary Gottlieb

Gender differences are often overlooked when conducting competition law analysis. How should gender impact the work of competition regulators? Lynn Robertson, Competition Expert at the OECD's Competition Policy Division and co-author of the OECD's Gender Inclusive Competition Toolkit, joins Alicia Downey and Matthew Hall to discuss the Toolkit project. Listen to this episode to learn more about the background to the project, the key insights and findings set out in the Toolkit and the OECD's future work in this area.

With special guest:

Lynn Robertson, Competition Expert, Competition Policy Division, Directorate for Financial and Enterprise Affairs, OECD

Related Links:

OECD Gender Inclusive Competition Toolkit

Hosted by:

Alicia Downey, Principal, Downey Law LLC and Matthew Hall, Partner, McGuireWoods London LLP

Our Curious Amalgam is celebrating its 250th episode by hosting a family reunion! In this episode, former and current regular hosts Alicia Downey, Anora Wang, Matthew Hall, Christina Ma, Anant Raut, and Sergei Zaslavsky highlight the some of the Top 5 most listened-to episodes, year by year, since OCA first launched in 2019. In addition to looking back at the most popular episodes, we talk about undiscovered gems in the archives and the most important legal trends and developments that have occurred since Episode #1. Listen to this episode for a special look back at the greatest hits of Our Curious Amalgam and discover how they are still relevant today.

With special guests:

Matthew Hall, McGuireWoods LLP, Christina Ma, Wachtell, Lipton, Rosen & Katz, Anant Raut, Trust & Trade and Sergei Zaslavsky, O'Melveny & Myers LLP

Related Links:

Trust and Trade

Hosted by:

Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP

Are you curious about issues related to competition and geopolitical concerns in the global semiconductor sector? In this episode, Barry Nigro and Alicia Downey talk to Arnold & Porter partner David Emanuelson, formerly in-house M&A counsel for Intel Corporation, about how the Chinese government's State Administration for Market Regulation (SAMR) approaches merger clearance. Listen to this episode to learn about the geopolitical pressures on the semiconductor industry and what antitrust counsel can do to improve the chances of getting a deal cleared in China.

With special guest:

David Emanuelson, Arnold & Porter

Related Links:

David Emanuelson & Danielle Drory, "The Potential Chilling Effects of Lowering Standards for Tech M&A Enforcement," 34 Antitrust 14 (2020)

Hosted by:

Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP and Alicia Downey, Downey Law LLC

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

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

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

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