Our Curious Amalgam explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in those areas. It is an amalgam because it is a group of diverse topics all in one place. It is curious because it gets the experts and asks them in-depth questions.
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#271 What Does the UN Do For Consumers? UNCTAD’s Role in Promoting Competition and Consumer Protection
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The UN General Assembly has entrusted UNCTAD (now rebranded as UN Trade and Development) to be the focal point within the UN on competition and consumer protection issues. How does UN Trade and Development implement this role? Teresa Moreira, Head of the Competition and Consumer Policies Branch (CCPB) at UN Trade and Development, joins Alicia Downe…
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#270 Want To Be an Antitrust Scholar? Meet the ABA’s International Scholar-in-Residence
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Many practitioners wonder what it would be like to be an academic, diving deeply into the leading international legal and policy issues at the forefront of antitrust and competition law. But what does an academic researcher do all day? Natalia Moreno Belloso, one of the ABA Antitrust Law Section's International Scholars-in-Residence, joins Jeny Mai…
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#269 What’s New in Antitrust and Tech? Unpacking United States v. Apple
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On March 21, 2024, the United States Department of Justice and sixteen Attorneys General sued Apple, alleging that “Apple undermines apps, products, and services that would otherwise make users less reliant on the iPhone, promote interoperability, and lower costs for consumers and developers.” In other words, many of the DOJ and AGs’ allegations bo…
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#268 Bringing Big Tech to Heel? Compliance Day Under the EU Digital Markets Act
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The EU Digital Markets Act introduces a radical change to regulation of the digital sector in the EU. But what does it require and what have the designated "gatekeepers" been doing to ensure compliance? Aleksandra Zuchowska, Competition Policy Manager at CCIA in Brussels, appearing in her personal capacity, joins Matthew Reynolds and Matthew Hall t…
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#267 Dial L for Liability? Evolving Restrictions on Telemarketing to Consumers
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Anyone with a phone number understands how annoying it is to receive unsolicited promotional voice calls and text messages. For that reason, telemarketing and telephone sales practices in the U.S. are regulated by decades-old federal and state consumer protection laws, which permit private rights of action by consumers for minimum statutory damages…
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#266 Is It Time To Burst the Bubble? Antitrust Law in the Age of the Polycrisis
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The antitrust law bubble, particularly in the U.S., has in recent years focussed on the mantra of promoting efficiency above all else. In the age of the global polycrisis and increasing corporate concentration and power in numerous sectors, should this bubble be popped? Dr Cristina Caffarra, leading competition economist, joins Barry Nigro and Matt…
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#265 Can I Avoid Targeted Ads? The EU Rules on Pay or OK
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Many companies already use or are introducing "pay or OK" models for targeted ads on the Internet. What legal issues does this raise in the EU? Frithjof Michaelsen, Digital Policy Officer at UFC-Que Choisir, the French Federation of Consumer Associations, joins Matthew Reynolds and Matthew Hall to discuss Meta's introduction of pay or OK, otherwise…
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#264 What’s Wrong With Having Lots of Patents? Patent Thickets and Antitrust Law
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It's often said that patent protection rewards innovation and benefits consumers. But are there competition law issues with having "too many" patents? Kate Swisher, an antitrust litigator at White & Case, joins co-hosts Alicia Downey and Lijun Zhang to discuss the tension between patent law and antitrust law in the context of so-called "patent thic…
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#263 What’s the Role of a Magistrate Judge? Conversation With Judge Lindsey Vaala
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The U.S. federal district courts have magistrate judges who are appointed to assist the district court judges and generally oversee first appearances of criminal defendants, set bail, and conduct other administrative duties. But is the role of a magistrate judge different across districts? In a district like Eastern District of Virginia where the t…
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#262 What’s Up With U.S. Merger Remedies?
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The US antitrust agencies' approach to merger remedies has undergone a significant change under the Biden administration. Remedies are increasingly disfavored. In this episode, Dan Ducore, former Assistant Director of the Federal Trade Commission's Bureau of Competition Compliance Division, joins Barry Nigro and Jeny Maier to discuss the growing sk…
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#261 Can Demanding Price Parity Harm Competition? The MFN Paradox
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When are MFNs good and when are they bad? A "most favored nation" (MFN) price requirement ensures that a buyer receives the lowest price that a seller is offering to other buyers. Under U.S. antitrust law, such MFNs are typically viewed as a procompetitive outcome of price bargaining between parties. But recently, the use of MFNs by Amazon's intern…
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#260 What’s The (Data Protection) Difference? An EU/U.S. Comparison of Personal Data Protection Issues In Merger and Behavioural Investigations
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Large amounts of information are collected during merger control and behavioural competition law investigations. What are the personal data protection issues raised? Dan Rupprecht, Director for Europe of iDiscovery Solutions, joins Aaron Yeater and Matthew Hall to discuss the differences between these two types of investigations, why and how the EU…
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#259 Is Competition in Canada in Decline?
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In recent years competition agencies in several jurisdictions have undertaken studies to assess the state of competition within their borders. Canada now joins the list. In this episode, co-hosts Alicia Downey and Barry Nigro speak with economist Matthew Osborne about the Canadian Bureau of Competition’s 2023 report, “Competition in Canada from 200…
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#258 Will the UK CMA Find Out About My Deal? The Operation of the CMA’s Mergers Intelligence Committee in Practice
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The UK merger control system provides for voluntary filings but that does not mean parties to deals can hide from the regulator, the UK Competition and Markets Authority (CMA). But how does the CMA's Mergers Intelligence Committee (MIC) identify deals to ask about and review the informal briefing papers which can be submitted by parties hoping to a…
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#257 Throwing the Book at Orange Book Listings? The FTC’s Views on the Antitrust Implications of Listing Patents in the Orange Book
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The interplay between patent law and competition law has been a consistent focus for the antitrust agencies over the years, most notably in the pharmaceutical sector between brand and generic drugs. But will the FTC take a new approach to dealing with branded drug company patents listed in the FDA's "Orange Book"? Mika Ikeda, Competition Counsel at…
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#256 Is Crypto a Giant Pump-and-Dump Scheme? The Art of Selling Nothing for Something
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The hype around cryptocurrency is at an all-time high, as the industry makes a major push to go mainstream. But is it all a giant pump-and-dump scheme? Software engineer and celebrated crypto critic Molly White and the SEC's Associate Director of Enforcement Carolyn Welshhans join Anant Raut and Aaron Yeater for a braintwister of a discussion on su…
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#255 Can Self-Preferencing Algorithms Be Procompetitive? A Review of the Economic Literature
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Self-preferencing by digital platforms has become ubiquitous in today's antitrust discourse. But has enough focus been put on economic analysis to understand the procompetitive benefits of self-preferencing conduct? Emilie Feyler and Dr. Veronica Postal, Senior Consultants at NERA Economic Consulting, speak with Jaclyn Phillips and Barry Nigro abou…
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#254 How Did Antitrust Law Help Defeat the Ku Klux Klan? The Vietnamese Fisherman's Association Case
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In the early 1980s, a group of Vietnamese fisherman on the gulf coast of Texas teamed up with the Southern Poverty Law Center to mount a heroic legal challenge to the Ku Klux Klan. How did antitrust law play a role in this important civil rights case? Charles Moore joins co-hosts Derek Jackson and Alicia Downey to talk about the Section's Diversity…
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#253 Ready, Player One? Antitrust and Online Gaming
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The online gaming industry has been the subject of legal challenges in the antitrust and consumer protection arenas. So Player One, are you ready to hear about the legal issues to consider in this rapidly advancing sector? Josh Grant, video gaming expert with more than two decades of experience in the industry, joins Alicia Downey and Anant Raut to…
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#252 Has A New Ecosystem Been Discovered? The European Commission Blocks Booking’s Proposed Acquisition of eTraveli
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The European Commission's recent decision to block Booking’s proposed acquisition of eTraveli is unprecedented and even controversial to some. How should we understand the EC's concerns? Eliana Garces, Senior Advisor with Analysis Group, joins Matthew Hall and Jaclyn Phillips to discuss the EC's theories of harm. Listen to this episode for an econo…
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#251 How Is Gender Relevant to Competition Law? The OECD’s Gender Inclusive Competition Toolkit
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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 proj…
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#250 How Are We Celebrating Our 250th Episode? A Look Back at the Top Episodes of All Time
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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 …
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#249 What Happens When Competition and Geopolitical Issues Intertwine? Surveying the Landscape of the Global Semiconductor Sector
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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) a…
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#248 Are You on Board With Section 8? A New Era of Enforcement Against Interlocking Directorates
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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.…
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#247 Has the System Derailed? The State of Competition in the US Freight Rail Sector
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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 th…
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#246 What’s New in Antitrust and Tech? Unpacking FTC v. Amazon
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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 consume…
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#245 Unspoken Truths: Sexual Harassment in the Legal Profession
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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, disc…
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#244 Levelling the Playing Field (Part 2)? The European Union’s Regulation on Foreign Subsidies Distorting the Internal Market is Now in Force
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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 ab…
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#243 When Is Personalized Pricing Unlawful? Personalized Pricing Litigation in China
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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 debat…
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#242 What’s in the Black Box? Knowns and Unknowns About Pricing Algorithm From the Latest Academic Research
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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 mi…
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#241 Are PBMs Good For Competition? A Cost-Benefit Analysis of the Effects of Regulating Pharmacy Benefit Managers
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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 h…
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#240 Can Competition and Quality Coincide? Analyzing a Systematic Competition Law Approach to Healthcare and Quality Concerns
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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 P…
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#239 No More Clouds on the Horizon? The UK CMA’s Investigation Into Microsoft’s Acquisition of Activision Blizzard
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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 el…
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#238 Who Is Fiona Schaeffer? Meet the New Chair of the ABA Antitrust Law Section
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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 sustainabili…
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#237 Should We Bank on Changes? A Conversation About Bank Merger Policy
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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 con…
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#236 What Is PE Anyway? All the Questions You Were Afraid To Ask About Private Equity
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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 regulat…
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#235 Win, Lose, or Draw? A Decade of Pharma Antitrust Since FTC vs. Actavis
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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 G…
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#234 What About Small Tech? Democratizing Employment Data
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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 wil…
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#233 What Are the Thoughts Behind the Changes? Draft DOJ-FTC Merger Guidelines Explained by DOJ DAAGs
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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 backgro…
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#232 Never a Dull Moment In Antitrust? Conversation With Judge Douglas Ginsburg
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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…
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#231 What’s Happening in MENA? Trends and Developments in Middle East and Egyptian Antitrust
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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 jurisdict…
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#230 Will That Be Cash or Credit? Swipe Fees and Their Critics
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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 w…
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#229 What’s Happening in the EU? A Conversation with DG COMP Director-General Olivier Guersent at the 2023 Spring Meeting
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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 hap…
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#228 What's Happening in Canada, Brazil, and Taiwan? Conversations With Competition Law Enforcers at the 2023 Spring Meeting
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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 …
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#227 Axin’ the FTC’s Administrative Authority? The Implications of Axon Enterprise, Inc. v. FTC
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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-host…
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#226 An Agency in Peril? The Implications of Axon, Louisiana Children’s Medical Center, and Other Challenges to the FTC’s Power
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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 w…
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#225 A New Syllabus For Antitrust Class? Meet the Authors of the New Open Source U.S. Antitrust Law Casebook
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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 com…
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#224 What’s Happening in Austria, Switzerland, and Lithuania? Conversations With Competition Law Enforcers at the 2023 Spring Meeting.
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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…
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#223 Are Chatbots Protected? Analyzing Whether Section 230 Should Apply to Generative AI.
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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…
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#222 Too Political or Not Political Enough? A Debate on the Relationship Between Antitrust Enforcement and Democracy.
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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 Scho…
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