Our Curious Amalgam

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

Meet Michael Weeldreyer, a U.S. Navy veteran turned defense industry senior manager, and Tara Koslov, a former deputy director at the FTC, both rocking out as part of Side Hustle. They dive into the origins of their unique band formed by antitrust lawyers, recount hilarious jam sessions, and discuss their eclectic set list spanning seven decades. Discover how live performances invigorate their hectic lives and the sheer joy they aim to bring audiences, all while balancing their serious day jobs in law.

Debbie Majoras, former FTC Chair and DOJ Antitrust Division Deputy Assistant Attorney General, shares her extensive experience in antitrust enforcement. She discusses the historical reasons for having both the DOJ and FTC and the cultural differences that influence their approaches. Debbie highlights the challenges related to agency jurisdiction and the impact of their distinct statutory powers on businesses. She also offers valuable advice for future enforcers, emphasizing the importance of consumer welfare and transparency in enforcement.