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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with competition law enforcers from around the world. In this episode, host Matthew Hall asks Olivier Guersent, Director-General of the Directorate-General for Competition of the European Commission (DG COMP), about what's been happening in the European Union since we interviewed him at the 2022 Spring Meeting. Listen and learn about DG COMP's current work, the most important anticipated developments of 2023, and what competition law policy and enforcement trends the Director-General sees on the horizon. With special guest: Olivier Guersent, Director-General, DG COMP, European Commission Related Links: EU Digital Markets Act EU Foreign Subsidies Regulation EU Horizontal Guidelines and Block Exemption #165 What Say You? International Enforcers Live at Spring Meeting 2022 Hosted by: Alicia Downey, Downey Law LLC and Matthew Hall, McGuireWoods London LLP

The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world. In this episode, we ask Matthew Boswell, Commissioner of the Canadian Competition Bureau, Alexandre Cordeiro Macedo, President of CADE in Brazil, and Dr. Chih-Min (Andy) Chen, Vice Chairperson of the Taiwan Fair Trade Commission, about their respective agencies' enforcement priorities, what trends they see on the horizon, and what advocates with matters before their agencies should do to be most effective. As a bonus, listeners will also get to know our distinguished guests a little better on a personal level. With special guests: Matthew Boswell, Commissioner of Competition, Competition Bureau Canada, Alexandre Cordeiro Macedo, President, Conselho Administrativo de Defesa Econômica (CADE), and Dr. Chih-Min (Andy) Chen, Vice Chairperson, Taiwan Fair Trade Commission Related Links: Competition Bureau Canada Conselho Administrativo de Defesa Econômica (CADE) Taiwan Fair Trade Commission Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP

On April 14, 2023, the U.S. Supreme Court issued its unanimous opinion in Axon Enterprise, Inc. v. Federal Trade Commission, holding that parties contesting the agency's constitutionality may commence immediate collateral challenges in federal court. Will this decision prompt a host new of challenges to the FTC's authority? In this episode, co-hosts Elyse Dorsey and Jana Seidl speak with Nandu Machiraju, Partner at Baker McKenzie, about the Supreme Court’s recent decision and what it means for the FTC and for parties facing the prospect of FTC administrative enforcement. With special guest: Nandu Machiraju, Partner, Baker McKenzie Related Links: Axon Enterprise, Inc. v. Federal Trade Commission U.S. Chamber of Commerce: Supreme Court Hands Businesses a Big Win in Case Against FTC Axon Enterprise, Inc. v. Federal Trade Commission Oral Argument Hosted by: Elyse Dorsey, Partner, Kirkland & Ellis LLP and Jana Seidl, Senior Associate, Baker Botts LLP

The current administration and leadership at the FTC, helmed by Chair Lina Khan, have been vocal about their desire to expand antitrust and consumer protection enforcement and to use all the tools in their enforcement and regulatory toolkit to address harms that they see as taking place across the economy. But are these new initiatives consistent with constitutional and administrative law principles? Matt Tabas, an experienced antitrust practitioner and former FTC attorney, joins Jeny Maier and Melissa Maxman to offer an overview of the challenges that the FTC is facing while it is seeking to flex its enforcement muscles. Listen to this episode to learn more about these threats to the FTC and how courts are likely to address them. With special guest: Matthew Tabas, Partner, Arnold & Porter Hosted by: Jeny Maier and Melissa Maxman

Legal textbooks have always been expensive but these days, the cost of a new commercially-published antitrust law casebook can range from $300 to $500. What if a high-quality casebook were available at little or no cost? With the support of the ABA Antitrust Law Section, NYU Law School Professors Christopher Sprigman and Daniel Francis recently completed the world’s first openly-licensed antitrust law casebook. Listen to this episode as they talk with co-hosts Alicia Downey and Sarah Zhang about this important project and whether eliminating the expense of traditional casebooks might lead to an increase in law students taking antitrust and potentially pursuing careers in the field. With special guests: Daniel Francis, Assistant Professor of Law, New York University School of Law Christopher Jon Sprigman, Murray and Kathleen Bring Professor of Law, New York University School of Law, and Co-Director, Engelberg Center on Innovation Law and Policy Related Links: Daniel Francis & Christopher Jon Sprigman, Antitrust Principles, Cases and Materials Hosted by: Alicia Downey, Downey Law LLC and Sarah Zhang, Baker Botts L.L.P.

The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world. In this episode, we ask Natalie Harsdorf-Borsch, acting director of the Austrian Federal Competition Authority, Laura Melusine Baudenbacher, president of the Swiss Competition Commission, and Šarūnas Keserauskas, the then chairman of the Lithuanian Competition Council, about their respective agencies' enforcement priorities, what trends they see on the horizon, and what advocates with matters before their agencies should do to be most effective. As a bonus, listeners will also get to know our distinguished guests a little better on a personal level. With special guests: Natalie Harsdorf-Borsch, Acting Director, Austrian Federal Competition Authority, Dr. Laura Melusine Baudenbacher, President, Swiss Competition Commission, and Šarūnas Keserauskas, Chairman, Lithuanian Competition Council (2011-2023) Related Links: Austrian Federal Competition Authority (Bundeswettbewerbsbehörde) Swiss Competition Commission Competition Council of the Republic of Lithuania (Konkurencijos taryba) Hosted by: Alicia Downey, Downey Law LLC, Anora Wang, Arnold & Porter Kaye Scholer LLP, Sergei Zaslavsky, O'Melveny & Myers LLP, and Jeny Maier, Axinn, Veltrop & Harkrider LLP

Section 230 generally shields online platforms from liability for third-party content. It has been widely credited with enabling the growth of the internet, but to what extent does it apply to the latest disruptive technology --- generative AI? Jess Miers, Legal Advocacy Counsel at the Chamber of Progress, discusses the applicability of Section 230 to generative AI with hosts Christina Ma and Sergei Zaslavsky. Listen to this episode to learn about arguments for and against applying Section 230 to generative AI, and what features of generative AI will likely be key to determining the scope of Section 230 protection. With special guest: Jess Miers, Legal Advocacy Counsel, Chamber of Progress Related Links: Matt Pereault, Section 230 Won’t Protect ChatGPT, Lawfare  Jess Miers, Yes, Section 230 Should Protect ChatGPT And Other Generative AI Tools, Techdirt Henderson v. The Source for Public Data Fourth Circuit Opinion Fair Housing Council of San Fernando Valley v. Roommates.com Ninth Circuit Opinion Hosted by: Sergei Zaslavsky, O'Melveny & Myers and Christina Ma, Wachtell, Lipton, Rosen & Katz

There are many debates in the antitrust world today, but none is as fundamental as the discussion over the core purpose of antitrust. Should antitrust law be solely concerned with economic efficiency, or is it also a tool for upholding and promoting our democratic political values? Spencer Waller, law professor at the Loyola University Chicago School of Law, and Geoffrey Manne, founder of the International Center for Law and Economics, debate this important question with hosts Sergei Zaslavsky and Melissa Maxman. Listen to this episode to hear competing perspectives on such key issues as the connection between economic and political power, the proper role of different branches of government in shaping antitrust policy, and much more. With special guests: Spencer Waller, John Paul Stevens Chair in Competition Law, Loyola University Chicago School of Law and Geoffrey Manne, Founder and President of International Center for Law and Economics Related Links: Harry First and Spencer Weber Waller, Antitrust’s Democracy Deficit, 81 Fordham L. Rev. 2543 (2013) Antitrust and Democracy by Spencer Weber Waller :: SSRN Geoffrey Manne & Alec Stapp, Does Political Power Follow Economic Power? (Dec. 30, 2019) Hosted by: Sergei Zaslavsky, O'Melveny & Myers and Melissa Maxman, Cohen & Gresser

The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world, including Germany and Spain. In this episode, we ask Andreas Mundt, the president of the German Bundeskartellamt and Cani Fernández, the president of the Spanish National Markets and Competition Commission, about their enforcement priorities, what trends they see on the horizon, and what advocates with matters before their agencies should do to be most effective. As a bonus, listeners will also get to know our distinguished guests a little better on a personal level. With special guests: Andreas Mundt, President, the Bundeskartellamt and Cani Fernández, President, Comisión Nacional de los Mercados y la Competencia Related Links: Bundeskartellamt  Spanish National Markets and Competition Commission (CNMC)  Ep. #177 Who Is Cani Fernández? Meet the President of the Spanish National Markets and Competition Commission  Hosted by: Sergei Zaslavsky, O'Melveny & Myers LLP and Alicia Downey, Downey Law LLC

The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world. In this episode--one in a series of episodes featuring interviews recorded live at the 2023 Spring Meeting--host Sergei Zaslavsky speaks with Willard Mwemba, the Director and CEO of the COMESA Competition Commission. Listen to this episode to hear about COMESA's enforcement priorities, what trends Director Mwemba sees on the horizon, and what advocates appearing before the Commission should do to be most effective. Listeners will also hear about COMESA's special challenges and opportunities as the agency enters its second decade. With special guest: Willard Mwemba, Director and Chief Executive Officer, COMESA Related Links: COMESA Competition Commission  Hosted by: Sergei Zaslavsky, O'Melveny & Myers LLP and Alicia Downey, Downey Law LLC

The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world. What are their enforcement priorities, what trends do they see on the horizon, and what should advocates with matters before their agencies do to be most effective? Discover the answers to these questions in this episode and other episodes in this special series of interviews recorded live at the Spring Meeting. And as a bonus, listeners will also get to know our distinguished guests a little better on a personal level. With special guests: Kristina Nordby, Head of the Board, Greenlandic Consumer and Competition Authority Gegham Gevorgyan, Chairman, Armenian Commission for the Protection of Competition Kārlis Piģēns, Council Member, Competition Council of Latvia Related Links: Greenlandic Consumer and Competition Authority Armenian Competition Protection Commission Competition Council of the Republic of Latvia Hosted by: Matt Michaloski, Kayla Odom, and Alicia Downey

LIV Golf is the most serious threat the PGA has ever faced, and the fight between the two professional golf tours has grown increasingly personal and bitter. But is the PGA defending itself through illegal anticompetitive tactics? Michael McCann, one of the nation's foremost sports law experts and Kail Jethmalani join Anant Raut and Anora Wang to discuss the life of a professional golfer, what makes the LIV tour appealing, and the PGA's history against upstart rivals. Listen to this episode to learn more about the antitrust case between the two tours, and why it may end up in the Supreme Court. With special guests: Professor Michael McCann, Director of the Sports and Entertainment Law Institute, Franklin Pierce School of Law and Kail Jethmalani, Counsel, Axinn Related Links: LIV Golf and PGA Tour Set for Long Term Courtroom War  Hosted by: Anant Raut and Anora Wang

It seems that metaverses will soon be ubiquitous. What are the competition law issues? Dr. Yusuke Takamiya, the antitrust/competition law partner at Mori Hamada & Matsumoto, joins Matthew Hall and Anora Wang to discuss what metaverses are, how they are structured, the parallels with existing competition law analysis of technology markets and the specific issues raised by metaverses. Listen to this episode to learn more about this rapidly developing technology and area of competition law. With special guest: Yusuke Takamiya, Partner, Mori Hamada & Matsumoto Related Links: The Metaverse & Antitrust/Competition Law, presentation, Yusuke Takamiya, January 2023 European Parliament briefing, June 2022 European American Chamber of Commerce article, October 2022 Japan Fair Trade Commission event January 2023 Hosted by: Matthew Hall, Partner, McGuireWoods London LLP and Anora Wang, Associate, Arnold & Porter Kaye Scholer LLP

For 30 years, companies in healthcare and other industries have relied on agency guidance immunizing certain kinds of information exchanges with competitors. How does DOJ's recent withdrawal of these safe harbors change the landscape? Leslie Overton, former DOJ official and currently a partner at Axinn, Veltrop & Harkrider, joins Sergei Zaslavsky and Jaclyn Phillips to discuss DOJ's policy change. Listen to this episode to learn more about the antitrust agencies' approach to information exchanges and what the withdrawal of prior policy statements means for practitioners and in-house counsel. With special guest: Leslie Overton, Axinn, Veltrop & Harkrider Related Links: DOJ announcement of withdrawal of healthcare policy statements Principal Deputy Assistant Attorney General Doha Mekki's speech regarding withdrawal of policy statements Hosted by: Sergei Zaslavsky, O'Melveny & Myers and Jaclyn Phillips, White & Case

There are many ways to make a career engaging with competition law. Guest Mark Meador, Deputy Chief Counsel for Antitrust and Competition Policy to Senator Mike Lee, has forged a unique path working on and off the Hill. What exactly does antitrust counsel to a United States Senator do? Mark discusses the various functions of the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights and his own work. Listen to this episode to hear his unique perspective on working with competition law and policy. With special guest: Mark Meador, Deputy Chief Counsel for Antitrust and Competition Policy to Senator Mike Lee Related Links: Senate Judiciary subcommittees landing page Senator Lee press Hosted by: Christina Ma and Matt Michaloski

European competition regulators are increasingly focused on sustainability agreements and have published guidance. What are these documents saying and are they consistent? Jay Modrall, Brussels-based competition lawyer, joins Matthew Hall and Aaron Yeater to discuss the current position in the EU and UK. Listen to this episode to learn more about the application of EU and UK competition law to sustainability agreements between companies, including those intended to assist with the fight against climate change. With special guest: Jay Modrall, Senior Counsel, Norton Rose Fulbright LLP Related Links: Netherlands ACM draft Guidelines on Sustainability Agreements January 2021 UK CMA draft Guidelines on Environmental Sustainability Agreements March 2023 European Commission draft Guidelines on Horizontal Cooperation Agreements Hosted by: Matthew Hall, Partner, McGuireWoods London LLP and Aaron Yeater, Managing Principal, Analysis Group, Inc.

Demand for diverse economists has exploded, but institutions still fail to recruit, retain, and promote women long term. Are issues of abuse and harassment deterring women from the field? In this episode, co-hosts Elyse Dorsey and Jana Seidl speak with Paola Valenti, Professor of Professional Practice at Columbia Business School, and Kellie Kemp, Senior Counsel at Uber about the struggles women face in the economics profession today. Listen to this episode to learn about why it’s difficult to find women economists, why the antitrust community needs to promote women economists, and tools for confronting gender discrimination and sexual misconduct. With special guests: Paola Valenti, Professor of Professional Practice at Columbia Business School  and Kellie Kemp, Senior Counsel at Uber Related Links: Alison F. Del Rossi and Joni Hersch, Gender and the Consulting Academic Economist Report of the Committee on the Status of Women in the Economics Profession Elizabeth M. Bailey, Gender Diversity in Experts: A Reply to and Extension of Rafkin and Kuykendall Hosted by: Elyse Dorsey, Kirkland & Ellis LLP and Jana Seidl, Baker Botts LLP

Drug prices are top of mind for numerous patients, legislators, policy experts, and antitrust enforcers these days. But what role do pharmacy benefit managers (PBMs) play in determining the price and availability of drugs at the pharmacy counter, and why do PBMs find themselves in the middle of an FTC market study looking into their business practices? Join Alicia Downey and Jeny Maier as they talk with Dr. Erin Trish, an economist and health policy expert, about the evolution of PBMs and the current antitrust inquiries they are facing. Listen to this episode if you want to learn more about what goes into the price that you pay for your prescription. With special guest: Dr. Erin Trish, Co-Director, Schaeffer Center for Health Policy & Economics, University of Southern California Related Links: USC Schaeffer Center Research on the Pharmaceutical Distribution Chain USC Schaeffer Center Public Comments to FTC on PBMs Who Is Really Driving Up Insulin Costs? (April 18, 2022) Testimony Before the U.S. Senate Committee on Commerce, Science, & Transportation on Bringing Transparency and Accountability to Pharmacy Benefit Managers (February 16, 2023) Livestream Video of Senate Committee Hearing Hosted by: Alicia Downey, Downey Law LLC and Jeny Maier, Axinn, Veltrop & Harkrider LLP

Serving on the bench is a challenge and a privilege. For certain communities in our society, the path to the bench was a never traveled one until recently. What are some of the most valuable experiences that have prepared a judge for the bench? The honorable Judge Yvonne Gonzalez Rogers speaks with Melissa Maxman and Anora Wang on her professional experiences including prior private practice and service in state and federal courts, her views on diversity, equity, and inclusion, and practice pointers. With special guest: Judge Yvonne Gonzalez Rogers, the District Court for the Northern District of California Related Links: Apple iPod iTunes Antitrust Litig., No. 05-CV-0037 YGR, 2014 WL 4809288 (N.D. Cal. Sept. 26, 2014) (ORDER DENYING: (1)DEFENDANT'S COMBINED MOTION FOR SUMMARY JUDGMENT AND DAUBERT MOTION; (2)PLAINTIFFS' DAUBERT MOTION; AND (3)PLAINTIFFS' MOTION TO STRIKE EXPERT REPORT) Epic Games, Inc. v. Apple Inc., 559 F. Supp. 3d 898, 922 (N.D. Cal. 2021) (RULE 52 ORDER AFTER TRIAL ON THE MERITS) Hosted by: Melissa Maxman, Cohen & Gresser and Anora Wang, Arnold & Porter

In January 2023, the FTC issued a Notice of Proposed Rulemaking that would ban virtually all non-compete agreements between employers and workers, both retroactively and going forward, categorizing them as an “unfair method of competition” under Section 5 of the FTC Act. What does the FTC’s proposed rule look like, and is it destined to succeed? In this episode, co-hosts Jana Seidl and Elyse Dorsey speak with Anna Aryankalayil about the various details and scope of the proposed rule, the reasons behind non-competes, and potential legal challenges to any final rule the FTC may issue. Listen to this episode to learn about all sides of the heated controversy over the proposed ban on non-compete agreements. With special guest: Anna Aryankalayil, Partner, Orrick Herrington & Sutcliffe Related Links: Press Release, FTC Proposes Rule to Ban Noncompete Clauses FTC Non-Compete Clause Rulemaking FTC Non-compete Clause Rule (NPRM) Comments Bloomberg article, FTC Noncoompete ban slammed by business groups as ‘unworkable’ Hosted by: Jana Seidl, Senior Associate, Baker Botts L.L.P. and Elyse Dorsey, Partner, Kirkland & Ellis LLP

Deon Woods Bell and Laura Wilkinson join Our Curious Amalgam and Diversity. Advanced to celebrate Black History Month. What can we learn about diversity from two legends of the antitrust and consumer protection bars? Alicia Downey and Jaclyn Phillips talk with Deon and Laura about their storied careers, inclusion, and the importance of engaging with the community. Listen to this episode and be inspired by their perspectives on the value of diversity both in the U.S. and in the international antitrust and consumer protection arena. With special guests: Deon Woods Bell, Senior Advisor, Global Policy, Financial Services for the Poor, Bill & Melinda Gates Foundation and Laura Wilkinson, Global Antitrust Counsel, PayPal Related Links: Diversity.Advanced  Hosted by: Alicia Downey, Downey Law LLC and Jaclyn Phillips, White & Case LLP

Mandatory treble damages awards have been a feature of U.S. antitrust law for more than a century. Why do we have treble damages and what are the benefits and unintended consequences of treble damages? Counsel at Perkins Coie and adjunct professor at University of Colorado Law School, Henry Hauser, joins Christina Ma and Matt Michaloski to discuss how we should think about treble damages in antitrust cases. Listen to this episode to learn about the arguments for and against the continued utility of mandatory trebling. With special guest: Henry J. Hauser, Counsel, Perkins Coie Related Links: Minnesota Law Review: Antitrust Reformers should Consider the Consequences of Mandatory Treble Damages Congressional Study of the Antitrust Treble Damage Remedy Statute of Monopolies Henry J Hauser, Perkins Coie bio Hosted by: Christina Ma and Matt Michaloski

The 2023 Appropriations Act included three antitrust laws dealing with merger fees, merger subsidy disclosure, and venue. What are the implications of these laws? Laura Alexander joins hosts Christina Ma and Jaclyn Phillips to discuss what these laws do, how we got them, and whether we may see substantive antitrust reform in the future. Listen to this episode to learn more about how we finally saw antitrust bills become laws. With special guest: Laura Alexander, Washington Center for Equitable Growth Related Links: Consolidated Appropriations Act, 2023  The Merger Filing Fee Modernization Act is a down payment on the future of antitrust enforcement Restoring competition in the United States The state of U.S. federal antitrust enforcement Hosted by: Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Jaclyn Phillips, Associate, White & Case LLP

The ABA Antitrust Law Section’s Spring Meeting is the largest annual gathering of competition, consumer protection, and data privacy professionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world. Curious about what's anticipated for this year's meeting? Spring Meeting Co-Chairs Doug Tween and Sheila Adams join hosts Alicia Downey and Kayla Odom to talk about what to expect and tips for making the most of this memorable event. Whether you will be a first time or veteran attendee, listen in for the inside scoop on what's in store at this year's exciting Spring Meeting, March 29-31, 2023, in Washington, DC. With special guests: Doug Tween, Linklaters LLP and Sheila Adams, Davis Polk & Wardwell LLP Related Links: ABA Antitrust Spring Meeting 2023 Website Spring Meeting Agenda 2023 ABA Antitrust Law Section Website Hosted by: Alicia Downey, Downey Law LLC and Kayla Odom, Renesas Electronics America Inc.

Major League Baseball ("MLB") is big business, with revenues that exceeded $10 billion in 2019. How and why is MLB immune from liability under the U.S. federal antitrust laws? Co-hosts Alicia Downey and Melissa Maxman invited guests Julian Perlman and Sathya Gosselin to debate the pros and cons of the Baseball Exemption from a policy and practical perspective. Listen to this episode to learn about recent efforts under way in Congress and the courts to eliminate MLB's special exemption. With special guests: Julian Perlman, BakerHostetler and Sathya Gosselin, Hausfeld LLP Related Links: Federal Baseball Club of Baltimore, Inc. v. National League of Professional Baseball Clubs et al., 259 U.S. 200 (1922)  Toolson v. New York Yankees, Inc., 346 U.S. 356 (1953)  Flood v. Kuhn, 407 U.S. 258 (1972) Hosted by: Alicia Downey, Downey Law LLC and Melissa Maxman, Cohen & Gresser LLP

The debate about the role of government in regulating monopolies is getting more heated by the day. How do historical concepts of "monopoly" fit into the discussion? Veteran antitrust scholar, practitioner, and author Barry Hawk joins Alicia Downey and Matt Reynolds to discuss his latest foray into legal history in his new book, "Monopoly in America." Listen to this episode to learn about how popular conceptions of monopoly and "monopolizers" evolved long before the passage of modern U.S. antitrust laws. With special guest: Barry E. Hawk Related Links: Barry E. Hawk, Monopoly in America (Juris 2022) Hosted by: Alicia Downey, Downey Law LLC and Matthew Reynolds, Huth Reynolds LLP