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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.
354 Episodes
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Antitrust enforcers have grown increasingly skeptical of merger remedies over time, but their approach varies with each administration. Where do antitrust enforcers in the second Trump administration stand on merger remedies? Adam Di Vincenzo, an antitrust deal lawyer, joins Amanda Hamilton and Jaclyn Phillips to discuss these shifts and offers practical advice for proposing merger remedies given the current landscape. Listen for insights on recent merger settlements and best practices for proposing merger remedies. With special guest: Adam Di Vincenzo, Partner, Milbank LLP Hosted by: Amanda Hamilton, NexArc Strategies and Jaclyn Phillips, Proskauer Rose
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
Privacy litigation in the U.S. is at an all-time high owing in part to the growing body of privacy laws, particularly at the state level. But are there unique challenges associated with litigating privacy breaches? Dr. Andrew Stiver joins Jaclyn Phillips and Alysha Pannu to discuss privacy harms and how economic harm is measured for these harms. Listen to this episode if you want to learn more about how privacy harms are quantified in the context of litigation. With special guest: Dr. Andrew Stivers, Managing Director, NERA Hosted by: Jaclyn Phillips, White & Case and Alysha Pannu, Osler Hoskin & Harcourt
In recent years, retail mergers have gotten more attention as consumers have grown more concerned with consolidation and how that impacts their pocketbooks. While antitrust enforcers scrutinize all retail mergers, not all have gotten a deeper look. How do enforcers decide which retail deals require deeper scrutiny? Emily Blackburn, Counsel at King & Spalding, and Laura Onken, Counsel at Axinn discusses their observations and insights on how enforcers analyze retail deals with Amanda Hamilton and Anora Wang. Listen to this episode to learn about how enforcers evaluate market definition and divestitures in retail mergers. With special guests: Emily Blackburn, Counsel, King & Spalding LLP and Laura Onken, Counsel, Axinn, Veltrop & Harkrider LLP Hosted by: Amanda Hamilton, NexArc Strategies and Anora Wang, Arnold & Porter
The Noerr-Pennington doctrine is rooted in the First Amendment, and exempts certain activities involving petitioning the government from the normal rules of antitrust enforcement. But where do we draw the line on what activity is and is not protected? Abraham Chang, partner at Norton Rose Fulbright, joins Derek Jackson and Sergei Zaslavsky to discuss the Noerr-Pennington doctrine's roots, its limits, and how it gets applied (and sometimes litigated) in practice. Listen to this episode to learn more about this important, but perhaps less well understood, doctrine. With special guest: Abraham Chang, Partner, Norton Rose Fulbright LLP Hosted by: Derek Jackson, Cohen & Gresser and Sergei Zaslavsky, O'Melveny & Myers
State attorneys general are playing an increasingly important role in investigating and challenging antitrust violations that affect their constituents. In this episode, co-hosts James Hunsberger and Alicia Downey find out what the National Association of Attorneys General's Multistate Antitrust Task Force has been up to under the leadership of Task Force Chair Elizabeth Odette of the Office of the Attorney General of Minnesota. Listen and learn how the Task Force has been helping states save resources and improve outcomes by coordinating their antitrust efforts and priorities. With special guest: Elizabeth Odette, Assistant Attorney General, Office of the Minnesota Attorney General, Antitrust Division Related Links: NAAG Multistate Task Force website Hosted by: James Hunsberger, Axinn, Veltrop & Harkrider and Alicia Downey, Downey Law
August marks the beginning of a new ABA Antitrust Law Section year under the leadership of a new Chair. In this episode, co-hosts Anora Wang and Alicia Downey talk with Sullivan & Cromwell partner Renata Hesse, a longtime Section leader whose term as Chair began in August 2025. Our other featured guest is Renata's colleague Dan Richardson, who supports Renata as Counsel to the Chair. Listen to this episode to hear about Renata's priorities and goals for the 2025-26 year, and her commitment to ensuring that the Section serves as a forum for open dialogue and civil debates. With special guests: Renata B. Hesse, Sullivan & Cromwell LLP and Daniel J. Richardson, Sullivan & Cromwell LLP Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Alicia Downey, Downey Law LLC
Antitrust lawyers by day, rock stars by night. Who are the members of Side Hustle, the Antitrust Law Section's unofficial house band? They include prominent members of the antitrust law community, with more than a century of combined experience working in government, private practice, and academia. In this episode we'll learn what has kept Side Hustle rocking on for the past several years and why the members can't wait to play at the 2026 Spring Meeting. With special guests: Daniel Francis, Associate Professor of Law, NYU Law School D. Bruce Hoffman, Partner, Cleary Gottlieb Steen & Hamilton LLP Jay Jurata, Partner, Dechert LLP Tara Koslov, Former Deputy Director, Bureau of Competition, Federal Trade Commission; Independent Professional Coach Anna Rathbun, Partner, Latham & Watkins LLP Michael Weeldreyer, Senior Manager, Converged Surface Systems | Weapons | Unmanned Integration, Lockheed Martin Related Links: Side Hustle official website Hosted by: Alicia Downey, Downey Law LLC and Subrata Bhattacharjee, Borden Ladner Gervais LLP
Why does the U.S. have two antitrust enforcement agencies—and how do they really differ in practice? In this episode, Puja Patel and Barry Nigro are joined by Debbie Majoras, former FTC Chair and former Deputy Assistant Attorney General at the DOJ Antitrust Division, to explore the procedural, cultural, and strategic distinctions between the FTC and DOJ. From procedural standards to enforcement style, merger review processes, and even remedy structures, Debbie reflects on her leadership experience at both agencies and offers practical insights for practitioners navigating the divide. Tune in to hear how these differences shape competition enforcement—and why they matter for clients, courts, and the future of antitrust. With special guest: Debbie Majoras Hosted by: Puja Patel, Cleary Gottlieb Steen & Hamilton LLP and Barry Nigro, Fried, Frank
Innovation is central to long-term economic welfare and deserves greater emphasis in antitrust policy. But can U.S. antitrust law be reshaped to be more innovation-centric? Professor Richard Gilbert joins hosts Anora Wang and Panos Dimitrellos to examine the relationship between competition and innovation, how agencies and courts have recently treated innovation, and practical tools for assessing innovation effects in mergers and conduct cases. Listen to this episode to learn more about navigating the shift toward an innovation-centric antitrust regime, the empirical methods that can reveal innovation harms, and how to balance short-term price effects against long-term technological progress. With special guest: Richard J. Gilbert, Professor, University of California at Berkeley Related Links: https://direct.mit.edu/books/oa-monograph/4844/Innovation-MattersCompetition-Policy-for-the-High https://www.americanbar.org/content/dam/aba/publications/antitrust/journal/86/issue-3/antitrust-for-innovation.pdf https://eml.berkeley.edu/~gilbert/Selected%20Papers/Gilbert-Melamed%20final%20pre-publication.pdf Hosted by: Panos Dimitrellos, Secretariat Economists LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP
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
Merger litigation is fast, high-stakes, and often unpredictable. So what does it take to win—or avoid losing—when the government challenges a deal? In this episode, Puja Patel and James Hunsberger are joined by Kieran Gostin, a partner at Wilkinson Stekloff and a seasoned merger trial lawyer who helped Microsoft defeat the FTC in its challenge to the Activision acquisition. From trial preparation strategy to expert witness credibility, internal documents versus economic modeling, and real-world lessons from Microsoft/Activision, the conversation covers both foundational insights and tactical advice. Listen in to learn what parties, practitioners, and economists need to consider long before a complaint is ever filed—and what really moves the needle in court. With special guest: Kieran Gostin, Partner, Wilkinson Stekloff Hosted by: Puja Patel, Cleary Gottlieb Steen & Hamilton LLP and James Hunsberger, Axinn, Veltrop & Harkrider LLP
Antitrust enforcement can change dramatically between Presidential administrations. What makes the political winds flip between more and less enforcement? In this episode, former Deputy Assistant Attorney General Michael Kades joins hosts Anant Raut and Anna Olson to step back and draw insightful themes from the history of antitrust enforcement across Presidential administrations. With special guest: Michael Kades, Partner, Nachawati Law Group Hosted by: Anant Raut and Anna Olson
Among the recent amendments to Canada's Competition Act are new provisions targeting so-called "greenwashing," i.e., misleading claims in advertising regarding the environmental benefits of a product. In a related development, the Competition Bureau has issued guidelines concerning its enforcement approach to environmental claims under the new law. What will be the impact of the changes on companies and consumers? In this episode, Alicia Downey and Anora Wang talk to Canadian consumer protection lawyer Candice Kloes about the amendments, the guidelines, and the increased risks and compliance burdens posed by public-facing environmental claims in Canada. With special guest: Candice Kloes, Counsel, Borden Ladner Gervais LLP Related Links: Dionysios Rossi, Denes A. Rothschild, Candice Kloes, Roark Lewis, and Jessica Hennings, "False advertising and greenwashing: Bill C-59 changes to Competition Act" (July 2024) Candice Kloes, Roark Lewis, Denes A. Rothschild, Rick Williams, and Sadie Glickman, Canada's greenwashing crackdown: New guidelines & private right of action (July 2025) Canada's Zero Plastic Waste Agenda Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP
In June 2025, the European Commission announced a decision under which it fined two competing online food delivery companies a combined total of €329 million for cartel behaviour that took place while one company held a minority stake in the other company. The infringing behaviour included, among other things, exchanging competitively sensitive information "beyond what was needed for a corporate investor to protect a financial investment decision." Does the Delivery Hero/Glovo decision suggest that minority shareholdings may be subject to stricter scrutiny going forward? Hosts Matthew Hall and Alicia Downey talk to Brussels-based competition lawyer Peter Camesasca about what the decision means and its practical implications for compliance counseling. With special guest: Peter D. Camesasca, Ph.D., Advokaat BVBA Related Links: Peter Camesasca, Minority Stakes as a Conduit for Cartelization, and No Poach to Boot: The EU Decision in Delivery Hero/Glovo European Commission press release (2 June 2025) Commissioner Ribera remarks (2 June 2025) Hosted by: Matthew Hall, McGuireWoods London LLP and Alicia Downey, Downey Law LLC
There is a growing interest in understanding the economics of serial acquisitions, particularly in the healthcare industries and markets, and whether such corporate strategies lead to changes in prices and quality causing antitrust concerns. What has been found in existing economic studies? Paul Eliason, Assistant Professor of Economics at Brigham Young University and co-author of a leading study on serial acquisitions focusing on the dialysis industry, discusses his observations and insights with Anora Wang and Derek Jackson. Listen to this episode to learn about the knowns and unknowns from the empirical evidence as well as implications for competition policy. With special guest: Dr. Paul Eliason, Assistant Professor of Economics, Brigham Young University Related Links: How Acquisitions Affect Firm Behavior and Performance: Evidence from the Dialysis Industry, Journal of Quarterly Economics Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Derek Jackson, Cohen & Gresser LLP
The "dawn raid" is one of the rare moments of high drama in the work of many competition lawyers. How can you be prepared when that early-morning phone call or text from a client comes? Ashley Latham, an antitrust and government investigations litigator with Linklaters LLP, joins Matthew Hall and Matt Reynolds for a discussion of current "dawn raid" trends in the U.S. and the European Union. Tune in to learn more about what questions to ask, what issues to raise, and what you can do to help clients prepare for when authorities come knocking. With special guest: Ashley Latham, Managing Associate, Linklaters LLP Related Links: https://competition-policy.ec.europa.eu/about/news/commission-fines-international-flavors-fragrances-eu159-million-deleting-whatsapp-messages-during-2024-06-24_en https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:62023TJ0263 Hosted by: Matthew Hall, McGuireWoods London LLP and Matthew Reynolds, Huth Reynolds LLP
The U.S. Department of Justice has made it clear that some agreements among competing employers regarding workers' salaries or other terms of compensation--so-called "wage-fixing agreements"--may be subject to criminal prosecution. What kind of conduct falls within the scope of wage-fixing? In this episode, hosts Alicia Downey and Blair Matthews talk to Crowell & Moring partner and former senior DOJ prosecutor Ken Dintzer about the latest developments on the wage-fixing front, including the first criminal conviction for wage-fixing won at trial. Listen and learn what business enterprises and their counsel need to know about how to avoid wage-fixing violations in merger due diligence and integration planning, trade association activities, and salary survey participation. With special guest: Kenneth Dintzer, Partner, Crowell & Moring LLP Hosted by: Alicia Downey, Downey Law LLC and Blair West Matthews, Cleary Gottlieb
What happens when antitrust law meets high fashion? In this episode, experienced fashion and luxury industry counsel Andowah Newton, joins Jeny Maier and Puja Patel to unpack recent antitrust cases in the luxury and fashion industries. From the FTC's challenge to Tapestry's acquisition of Capri, to no-poach allegations involving Saks and major fashion houses, to tying claims against Hermès and its coveted Birkin bag, we explore how competition law is colliding with market definition, exclusivity, branding, and status. Listen in for insights on how antitrust enforcers—and the courts—are approaching consolidation, labor practices, and sales tactics in an industry where scarcity sells. With special guest: Andowah Newton Hosted by: Jeny Maier, Axinn, Veltrop & Harkrider LLP and Puja Patel, Cleary Gottlieb Steen & Hamilton LLP
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