Our Curious Amalgam

Sustainability claims are everywhere in the fashion industry — but how can consumers tell what's real and what's greenwashing? Baker McKenzie attorneys David Baay and Katia Boneva-Desmicht join Jeny Maier and Puja Patel to discuss civil litigation in this space, as well as government enforcement efforts on both sides of the Atlantic, from the FTC's Green Guides review to the European Commission's...

The 2025 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...

We are seeing some swirling changes to the marketplace and international trade that affect prices of goods and services in our daily lives. How can economics help us cope and understand underlying concepts such as cost pass-through? Anne Catherine Faye, Vice President at Analysis Group, speaks to James Hunsberger and Anora Wang about inflation, tariffs, and junk fees, as well as her experience as...

The UK government elected in 2024 has a "growth" agenda and is pushing regulators including the UK Competition and Markets Authority to support this. What does the approach mean for the CMA? Veronica Roberts, lawyer at Herbert Smith Freehills, joins Blair Matthews and Matthew Hall to discuss the wide range of recent announcements and proposals from the CMA and government. Listen to this episode to...

New disclosure requirements for U.S. premerger notifications under the Hart-Scott-Rodino Act were announced in the fall of 2024 and became effective in February 2025. What are the practical implications of the new requirements for in-house counsel tasked with preparing for an HSR filing? In this episode, Matt Bester and Paul Covaleski of Accenture LLP talk to Alicia Downey and Matt Tabas about som...

Market definition plays a central role in antitrust analysis. Is it appropriate for the U.S. antitrust agencies to identify "overlapping markets" and "submarkets" as relevant markets for antitrust purposes? Keith Klovers, Counsel at Latham & Watkins and former advisor to FTC commissioners Christine S. Wilson and Maureen K. Ohlhausen, talks to Blair Matthews and Anora Wang about why, in his view, t...

Cartel enforcement remains a priority for agencies around the world, but in recent years enforcers have continued to focus on domestic cases. With political and personnel changes in the U.S. and across the globe, what can we expect in 2025 and beyond? John Terzaken, Partner and Global Co-Chair of Simpson Thacher's Antitrust and Trade Regulation Practice, joins James Hunsberger and Jaclyn Phillips...

The AI revolution has arrived, with the recent debut of Chinese AI bot DeepSeek confirming that this is a global market. But what are the data privacy implications of the massive amounts of personal data that companies are collecting to train and deploy their AI models? Rory Macmillan, an expert in data protection and privacy law, joins Alicia Downey and Derek Jackson to discuss recent investigati...

Millions of us use mobile apps to help manage our physical and mental health and wellbeing. How well does existing law protect the private health data collected by these apps? In this episode, hosts Alicia Downey and Kelsey Paine talk to privacy and cybersecurity law expert David Turetsky about the issues posed by healthcare apps that collect sensitive data relating to a user's mental health, repr...

Private class action lawsuits play a significant role in the vindication and development of U.S. antitrust law. But what are attorneys and courts to do when they know there's an injured class, but are not quite sure who's in it and who's not? Tram Nguyen, Ph. D., an economist and Managing Principal at Edgeworth Economics, joins Alicia Downey and Matt Reynolds to discuss how economic analysis can h...

Private antitrust litigation has long been part of the landscape in China. What will be the impact of the Supreme People's Court latest judicial interpretation on the issue? Susan (Xuanfeng) Ning, lawyer at King & Wood Mallesons in Beijing, joins Matthew Hall and Anora Wang to discuss the background to the judicial interpretation and its likely consequences. Listen to this episode to learn more ab...

When it comes to your health, having digitized information available for seamless sharing across multiple healthcare providers and other stakeholders -- including patients themselves -- is a clear benefit. But can certain actors disrupt the goal of interoperability? David Schwartz, a healthcare-focused antitrust lawyer, joins Jeny Maier and Matt Tabas to introduce us to the challenge of healthcare...

How is the European Commission rethinking its approach to competition policy and enforcement as new leadership takes the helm, including the appointment of Spain's Teresa Ribera as the European Commissioner for Competition? Alicia Downey and Subrata Bhattacharjee talk to John Davies, Senior Advisor at the Brunswick Group, about the changing landscape of EU competition policy and its implications f...

The independent Mexican competition law regulator, COFECE, has been abolished and absorbed into the Ministry of Economics. What does this mean for merger control and competition law enforcement in Mexico? Lucia Ojeda Cárdenas, lawyer at SAI Law & Economics in Mexico City, joins Matthew Hall and Subrata Bhattacharjee to discuss this dramatic reform to the Constitution of Mexico. Listen to this epis...

Regulators around the world have raised antitrust concerns over concentrated control of key inputs into AI development and deployment, with access to cloud computing as one area of focus. What are the key concerns and proposed actions? A panel of experts from Argentina, Brazil, and the U.S. speak with Koren Wong-Ervin and Anora Wang on thoughts on the theories of harm, as well as possible efficien...

The FTC's new "Click-to-Cancel" rule is reshaping consumer protection and compliance in the subscription economy. But what challenges and opportunities does this regulation present for businesses? Panos Dimitrellos and Jaclyn Phillips explore these issues with guest Christi Lawson, partner at Foley & Lardner, discussing the rule's legal, economic, and behavioral implications, as well as potential...

The U.S. Department of Justice Antitrust Division recently updated its guidance regarding the division's "Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations." What are the key changes? In this episode, Alicia Downey and Anora Wang talk to Emma Burnham, Antitrust Division Director of Criminal Enforcement, about how prosecutors assess the effectiveness of corporate anti...

Happy New Year to OCA listeners everywhere! Antitrust was a hot topic in 2024, and it's poised to get even hotter in 2025. In Our Curious Amalgam's year-end special episode, six of our regular hosts offer their perspectives on 2024's notable developments and trends in criminal antitrust enforcement, monopolization and merger challenges, international competition law, consumer protection, and data...

India is now one of the most important competition law jurisdictions in the world. With direct court action against anti-competitive practices not an option, how can a third party seek to persuade the Competition Commission of India to become involved? Abir Roy, partner and co-founder of Sarvada Legal, joins Matthew Reynolds and Matthew Hall to discuss the underlying rules and practical issues inv...

The FTC's unfair competition enforcement policy under FTC Act Section 5 has frequently been in the headlines the past two years. What is the history of Section 5 enforcement and how has the Commission utilized this tool since issuing its 2022 Policy Statement on unfair methods of competition? Hosts Jeny Maier and Sergei Zaslavsky explore the many aspects of Section 5 unfair competition enforcement...

In the U.S., so-called "per se" antitrust crimes require nothing more than proof that the conduct occurred, relieving prosecutors of the difficult job of proving harm to competition. Is the Fourth Circuit's 2023 opinion in U.S. v. Brewbaker part of a growing judicial trend toward limiting the prosecution of per se cases? Ann O'Brien, the co-leader of Sheppard Mullin's Antitrust and Competition Pra...

With the greater availability of data and algorithms, firms in today's digital age are increasingly generating prices or price recommendations based on individual consumers' personal characteristics and behaviors. Does this benefit or harm consumers, and how should policymakers respond? Sanjog Misra, a Professor of Marketing and Applied AI at the University of Chicago and thought leader on persona...

The Robinson-Patman Act (RPA) has a long, controversial history within U.S. antitrust law and economics. In this episode, Mark Poe, an attorney who specializes in RPA litigation, discusses the RPA with hosts Puja Patel and Aaron Yeater. Mark and the hosts explore Mark's view that traditional critics of RPA are incorrect, which he first presented in a recent article in Antitrust Magazine. With spec...

The U.S. passenger airlines have been active in mergers and acquisitions since last year or so, with the Alaska/Hawaiian acquisition, the failed JetBlue/Spirit merger, and more being proposed. But how are these deals and airline competition in general analyzed from an economic perspective? Dr. Gautam Gowrisankaran, Professor of Economics at Columbia University and Senior Advisor at Cornerstone Res...

The U.S. passenger airlines have seen waves of active mergers and acquisitions including in 2009 through 2013 and again recently since 2023. But who is involved in the legal and regulatory reviews of an airline merger? Courtney Dyer of O'Melveny and David Heffernan of Cozen O'Connor, both with extensive experiences guiding airlines through regulatory processes, speak to Kelsey Paine and Anora Wang...