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PODCAST

Our Curious Amalgam

American Bar Association

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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All Episodes

34:32

#201 What Happened in 2022? What Will Happen in 2023?...

Our Curious Amalgam ·

2022/12/26

As 2022 comes to an end, the Antitrust Law Section's sector committees tell us which notable antitrust cases and investigations affected key industries and what they predict will make headlines in 2023. In this two-part special episode, hosts Alicia Downey, Sergei Zaslavsky, and Jaclyn Phillips speak with leaders of the committees responsible for providing Section members with programs and publications about the latest industry-specific antitrust developments. Listen to Part 1 to hear from the

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45:48

#200 A Power Grab Too Far? (Part 2) The European...

Our Curious Amalgam ·

2022/12/19

Merger control analysis and clearance worldwide is becoming ever more difficult, complex and uncertain, with Illumina/Grail perhaps the standout recent example. Following the previous episode on this case (#141: A Power Grab Too Far? The European Commission Extends Its Merger Control Reach), what developments have there been and what can we learn from them? Philippe Chappatte, partner at Slaughter and May, who has been acting for Illumina, joins Matthew Hall and Jeny Maier to discuss the merger

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31:11

#199 What’s New in US Vertical Merger Enforcement? A...

Our Curious Amalgam ·

2022/12/12

Vertical mergers present unique doctrinal and economic issues and are rarely challenged in court, so when two vertical merger opinions are issued in a short period of time, it is a great opportunity to check in on this area of antitrust law. What are the facts and legal arguments that led to defense victories in the recently litigated UnitedHealth Group – Change Healthcare and Illumina – Grail mergers (currently under appeal)? Sara Razi, Partner at Simpson Thacher and counsel for Change, joins

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23:36

#198 What Is(n’t) Unfair Competition? An Analysis of...

Our Curious Amalgam ·

2022/12/05

In November 2022, the FTC issued a policy statement concerning the scope and meaning of unfair methods of competition under Section 5 of the FTC Act. So what has changed under Section 5 and where are we headed? Angela Landry, counsel at Freshfields, joins Christina Ma and Jaclyn Phillips to discuss Section 5, how the FTC's approach has changed with its 2022 statement, and what we might see as it gets put into practice. With special guest: Angela Diveley Landry, Counsel, Freshfields Bruckhaus

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44:22

#197 Is Public Perception of the Judiciary Changing?...

Our Curious Amalgam ·

2022/11/28

In the American political system, the judiciary serves as an impartial, independent branch of government responsible for interpreting our laws and deciding cases and controversies. Even with these foundational principles, how do we ensure public trust in the institution? Sixth Circuit Court of Appeals Judge Bernice Donald joins Kayla Odom and Alicia Downey to reflect on the public perception of the role of the judiciary. Listen in to hear what shapes our understanding of the courts, and what the

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32:28

#196 What’s Happening in LATAM? Trends and...

Our Curious Amalgam ·

2022/11/21

Latin America is an increasingly important region for antitrust enforcement. Are there similarities across the region and with other parts of the world? Julián Peña, partner at Allende & Brea, joins Anant Raut and Matthew Hall to discuss LATAM antitrust history and trends. Listen to this episode to learn more about antitrust in Latin America, how it developed and how to approach it. With special guest: Julián Peña, partner, Allende & Brea, Buenos Aires Related Links: Competition Law in Latin America

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25:28

#195 Who Is Rahul Rao? Meet the Newest Deputy...

Our Curious Amalgam ·

2022/11/14

The world of antitrust and consumer protection law is made up of fascinating people, including Rahul Rao, the newest Deputy Director of the Federal Trade Commission's Bureau of Competition. How did he go from Big Law associate, to stay-at-home dad, to the Washington state AG's office, and now the FTC? Hosts Alicia Downey and Jeny Maier talk with Deputy Director Rao about his unique career path from private practice to government service, his past and current enforcement priorities, and his advice

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32:11

#194 What About Small Tech? User Data and Privacy in...

Our Curious Amalgam ·

2022/11/07

Web3 is being touted as the future of the internet. The vision for this new version of the web revolves around the notion of decentralization, driven by blockchain-based technologies including cryptocurrencies and NFTs. User privacy is central to these advances, but what does all of this mean for decentralized finance compliance and identity verification? How does a small tech company navigate the overlapping web of privacy, competition, and other regulations? And what are the implications for user

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27:31

#193 Healthy Competition? Ten Years in Review of...

Our Curious Amalgam ·

2022/10/31

The U.S. health care industry is complex and dynamic, resulting in antitrust issues that are just as complex. So what does the past decade of the intersection of antitrust and health care signal about the future? John Carroll and Amy Ritchie speak with Christina Ma and Jaclyn Phillips about these issues and the comprehensive update to the ABA's Health Care Handbook. Listen to this episode to learn more about the ACA, managed care, labor markets, and more. With special guests: John Carroll, Partner,

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30:54

#192 When Is Doing Good Bad? Understanding the...

Our Curious Amalgam ·

2022/10/24

In recent congressional testimony, FTC Chair Lina Khan definitively declared that there is no ESG antitrust exemption. How can companies avoid violating the antitrust laws while still complying with demands from their shareholders and other constituents to conduct business consistent with policies that are environmentally and socially sensitive, and promote good public policy? David Shaw, a partner at Morrison & Foerster, and Derek Jackson, an associate at Cohen & Gresser, join Christina Ma and

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26:01

#191 What’s New in Mexico? The Battle for...

Our Curious Amalgam ·

2022/10/17

Mexico's Federal Economic Competition Commission (COFECE) is an autonomous agency responsible for competition law enforcement, policy and advocacy nationwide. At the same time, an entirely separate agency—the Federal Telecommunications Institute (IFT)—has jurisdiction to enforce the competition laws in the telecommunication and broadcasting sectors. How do the two agencies determine where one agency's jurisdiction ends and the other agency's begins? Marta Loubet, a competition lawyer based in Mexico

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36:19

#190 Levelling the Playing Field? The European...

Our Curious Amalgam ·

2022/10/10

To keep a level playing field among EU member countries, subsidies granted by those countries to companies engaged in competition in the EU are subject to the EU's state aid rules. But what about subsidies granted by non-EU countries which may impact the EU single market? Andreas Reindl, a partner at Van Bael & Bellis in Brussels, joins Alicia Downey and Matthew Hall to discuss the EU's new Regulation on foreign subsidies distorting the internal market, which authorizes the European Commission to

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30:38

#189 What’s at Stake Here? Issues With the State...

Our Curious Amalgam ·

2022/10/03

Compared to other proposals to reform the U.S. antitrust regime, the State Antitrust Enforcement Venue Act has shown greater potential of being passed. What is at stake here? Yee Wah Chin, Counsel at Ingram Yuzek, speaks with Anora Wang and Alicia Downey about the arguments for and against exempting antitrust cases brought by state attorneys general from transfer and consolidation in a single venue. Listen to this episode to learn about the complexities in the proposed legal change and the potential

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32:29

#188 What Makes a Maverick? Merger Analysis and...

Our Curious Amalgam ·

2022/09/26

The 2010 FTC/DOJ Horizontal Merger Guidelines indicate that merger review should consider whether a proposed merger may lessen competition by eliminating a "maverick" firm that plays a disruptive role in the market to the benefit of consumers. But how do we know when a proposed merger involves such a maverick? In this episode, hosts Alicia Downey and Matt Reynolds talk with Baker Botts LLP partner and DOJ alumna Taylor Owings about what she thinks should be the defining features of maverick firms

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38:14

#187 What Has Changed (or Not) in 14 Years?...

Our Curious Amalgam ·

2022/09/19

The Anti-Monopoly Law (AML) is China’s principal antitrust statute, as recently amended in August 2022, exactly 14 years after its inception. What has changed about China’s antitrust regime over the years? Steve Harris, respected practitioner and thought leader on Asian antitrust laws, speaks with Anora Wang and Christina Ma about his experiences with and perspectives of the AML, enforcement, and relevant agencies. Listen to this episode to learn about the significant developments of China’s

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21:20

#186 Who Is John Roberti? A Conversation With John...

Our Curious Amalgam ·

2022/09/14

John Roberti, one of the founders of Our Curious Amalgam and a longtime leader in the ABA Antitrust Law Section, just wrapped up his term as co-chair of the committee that produces our weekly podcasts. Looking back, what does John think about the evolution of OCA and what does he hope will be his legacy? To find out, Christina Ma and Alicia Downey interviewed John for a special farewell episode. Listen to this episode for stories about the early days of OCA and John's unique take on what it means to

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26:31

#185 Who Is Tom Zych? Meet the 2022-23 Chair of the...

Our Curious Amalgam ·

2022/09/12

Tom Zych of Cleveland, Ohio has taken on the big job of chairing the Antitrust Law Section for the 2022-23 ABA year. Who is the Section's new chair and what makes him tick? In this episode Alicia Downey and Matt Reynolds talk to Tom about what he'll focus on during his term and the legacy he hopes to leave behind. Listen to this episode to get to know Tom and, as a bonus, meet Mark Butscha, who will serve in the important role of Counsel to the Chair. With special guests: Thomas F. Zych, Partner,

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32:44

#184 Part II: One, Two, Three Strikes You’re Out? A...

Our Curious Amalgam ·

2022/09/05

A Denver jury recently acquitted defendants in the highly publicized third criminal trial involving allegations of price fixing in the chicken industry. What led to that not guilty verdict? Defense attorneys Rick Kornfeld and David Beller join Jaclyn Phillips and Christina Ma in a two-part series discussing the trials, strategy, and lessons learned. Listen to Part II today and hear Rick & David's reflections on the three trials--from simplifying complex themes to diversity in the courtroom. With

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29:56

#183 Part I: One, Two, Three Strikes You’re Out? A...

Our Curious Amalgam ·

2022/08/29

A Denver jury recently acquitted defendants in the highly publicized third criminal trial involving allegations of price fixing in the chicken industry. What led to that not guilty verdict? Defense attorneys Rick Kornfeld and David Beller join Jaclyn Phillips and Christina Ma in a two-part series discussing the trials, strategy, and lessons learned. Listen to Part I today and hear all about the allegations and evidence, how the case evolved over time, and reflections on this historic outcome. With

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23:38

#182 Putting Equity Into Section 8? A Deeper Dive...

Our Curious Amalgam ·

2022/08/22

In a time of increased uncertainty surrounding antitrust issues, Section 8 of the Clayton Act and private equity firms have recently become two topics of interest. What are the implications of recent comments from enforcers on these issues? Ken Schwartz, antitrust partner at Skadden, joins Christina Ma and Jaclyn Phillips to discuss the current landscape around Section 8 as an enforcement tool and private equity transactions. Listen to this episode to hear more about what changes we may (or may not)

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363 results

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