Our Curious Amalgam

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 the 2024 Spring Meeting. Listen and learn about DG COMP’s current and recent work and what competition law policy and enforcement trends the Director-General sees on the horizon. With special guest: Olivier Guersent, Director-General, Directorate-General for Competition, European Commission Related Links: European Commission DG COMP website 2024 Spring Meeting interview with Olivier Guersent 2023 Spring Meeting interview with Olivier Guersent 2022 Spring Meeting interview with Olivier Guersent Hosted by: Matthew Hall, McGuireWoods London LLP

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 first economist to serve as Counsel to the Chair of the ABA Antitrust Section. Listen to this episode to see key antitrust issues on the horizon through an economic lens. With special guest: Anne Catherine Faye, Vice President, Analysis Group, Inc. Related Links: Robert A Ritz, Does competition increase pass-through? The RAND Journal of Economics, 55: 140-165 (2024) Jason Douglas et al., How Much Do Tariffs Raise Prices? The Wall Street Journal (Mar. 2, 2025) Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and James Hunsberger, Axinn, Veltrop & Harkrider LLP

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 learn more about the CMA's future approach to enforcement of the UK merger control, antitrust, consumer protection and digital markets rules. With special guest: Veronica Roberts, lawyer, Herbert Smith Freehills Related Links: UK government policy paper, "New approach to ensure regulators and regulation support growth", 17 March 2025 UK Competition and Markets Authority, "Mergers: Evolving the CMA's approach", 12 March 2025 UK government consultation, "Strategic steer to the Competition and Markets Authority", 13 February 2025 UK Competition and Markets Authority blog post, "New CMA proposals to drive growth, investment and business confidence", 13 February 2025 Hosted by: Blair West Matthews, Cleary Gottlieb and Matthew Hall, McGuireWoods London LLP

Matthew J. Bester, Director of Competition Law at Accenture, and Paul Covaleski, Antitrust and Competition Counsel at Accenture, dive into the recent changes in premerger notification rules under the Hart-Scott-Rodino Act. They share practical strategies for in-house counsel to comply with new requirements, including how to effectively manage documentation and the importance of financial disclosures. Their insights highlight the collaborative effort needed to navigate these complexities, making it essential listening for professionals involved in reportable transactions.

In this engaging discussion, Keith Klovers, Counsel at Latham & Watkins LLP and a former advisor to FTC commissioners, delves into the controversial concept of overlapping markets in antitrust law. He argues that these ideas lack solid judicial support, proposing alternative approaches for better market definition. The conversation touches on historical cases, the complexities of two-sided markets, and the implications for competition assessments. Amidst the serious analysis, Keith also shares quirky personal insights, blending humor with expert knowledge.

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 to discuss his latest cartel enforcement forecast and what has changed since his 2022 forecast. Listen to this episode to learn more about likely enforcement priorities from the Trump DOJ and global agencies, including AI, ESG, labor markets, and public procurement. With special guest: John Terzaken, Partner, Simpson Thacher & Bartlett LLP Related Links: Simpson Thacher's 2025 Global Cartel Forecast Our Curious Amalgam #160: What in the World Is Happening With Antitrust Enforcement? Antitrust Cartel Enforcement’s Return to Global Scale in 2022 Hosted by: James Hunsberger, Axinn, Veltrop & Harkrider LLP and Jaclyn Phillips, White & Case LLP

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 investigations by European enforcers into artificial intelligence companies. Listen to this episode to learn more about the analysis of AI under the GDPR and the issues that European regulators are grappling with. With special guest: Rory Macmillan, Partner, Macmillan Keck Related Links: European Data Protection Board Opinion on Privacy and AI Models:  Hosted by: Alicia Downey, Downey Law LLC and Derek Jackson, Cohen & Gresser LLP

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, reproductive cycle, dietary habits, or fitness, to name only a few examples. Listen and catch up on U.S. federal and state enforcement challenges to app companies that engage in the unauthorized disclosure of personal health data, and how a changing legal landscape may be posing an increased threat to health data privacy rights. With special guest: David Turetsky, Professor of Practice, College of Emergency Preparedness, Homeland Security and Cybersecurity, SUNY Albany Related Links: David Turetsky, "Health Privacy: Identifying Some Key Issues" (Feb. 6, 2025) Hosted by: Alicia Downey, Downey Law LLC and Kelsey Paine, Baker Botts LLP

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 help overcome issues with ascertaining class membership, particularly in the context of the pharmaceutical industry. Listen to this episode to learn more about not only the "ascertainability" requirement in class action litigation but also Tram's favorite beach destinations. With special guest: Tram Nguyen, Ph.D., Managing Principal, Edgeworth Economics Related Links: George Korenko & Tram Nguyen, Finding Uninjured Consumers In Drug Antitrust Class Actions  George Korenko & Tram Nguyen, Lamictal and the Myth of “Generic” “Pay-for-Delay” Cases  George Korenko & Tram Nguyen, Don’t Count Out Numerosity  Hosted by: Matthew Reynolds, Huth Reynolds LLP and Alicia Downey, Downey Law LLC

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 about this important development in Chinese antitrust law and practice. With special guest: Susan (Xuanfeng) Ning, lawyer, King & Wood Mallesons Related Links: King & Wood Mallesons article, "Interpretations of the "New AML": New Laws and New Challenges", July 2022 King & Wood Mallesons article, "Navigating through the PRC Private Antitrust Litigation - Highlights of the Judicial Interpretation on the PRC Private Antitrust Litigation issued by the Supreme People’s Court", December 2024 King & Wood Mallesons article, "Navigating China's Evolving Antitrust Litigation Landscape: Key Insights and Future Outlook", February 2025 PRC State Council Information Office press release, "China's top court releases judicial explanation on anti-monopoly litigation", June 2024 litigation PRC Supreme People's Court press release, "SPC issues new anti-monopoly judicial interpretation", June 2024 Hosted by: Matthew Hall, McGuireWoods London LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP