Our Curious Amalgam

American Bar Association
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Aug 28, 2023 • 35min

#236 What Is PE Anyway? All the Questions You Were Afraid To Ask About Private Equity

This podcast episode delves into the world of private equity and its impact on the antitrust regulatory landscape. The hosts interview a Senior Counsel at a private equity firm who provides insights on the fundamentals of private equity and investment profiles. They also discuss the dynamics between private equity firms and portfolio companies, proposed rulemaking by the FTC and antitrust division, and offer valuable advice for young lawyers. In addition, the hosts share their love for soccer and express excitement for the upcoming FIFA Women's World Cup.
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Aug 21, 2023 • 31min

#235 Win, Lose, or Draw? A Decade of Pharma Antitrust Since FTC vs. Actavis

Exploring the impact of the FTC vs. Actavis Supreme Court decision on antitrust laws and the pharmaceutical industry. Analyzing the case, discussing reverse payment settlements and the opinions of the justices. Examining the framework and challenges of reverse payment cases. Guests share interesting facts about themselves. Casual conversation and playing the curious hat game.
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Aug 14, 2023 • 28min

#234 What About Small Tech? Democratizing Employment Data

Employment data is a critical component of the financial ecosystem—it’s required documentation if you want to rent or buy a home, purchase a car, apply for a new job, or get a loan. As digital technology is transforming the manner in which payroll information is collected and leveraged, we’re faced with important questions, the answers to which will shape the framework going forward. In this episode, we speak with Nick Lawson, General Counsel at Argyle, about all things employment data, including the current framework, what’s happening with the CFPB's rulemaking on personal financial data rights, and predictions for what might be ahead. With special guest: Nicholas Lawson, General Counsel, Argyle Systems Inc. Related Links: CFPB Newsroom - CFPB Kicks Off Personal Financial Data Rights Rulemaking Argyle - Let’s Make Consumer Permissions Fundamental to Payroll Data Hosted by: Jana Seidl, Senior Associate, Baker Botts LLP and Elyse Dorsey, Partner, Kirkland & Ellis LLP
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Aug 7, 2023 • 50min

#233 What Are the Thoughts Behind the Changes? Draft DOJ-FTC Merger Guidelines Explained by DOJ DAAGs

On July 19, 2023, the U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission issued the long-awaited draft Merger Guidelines. How should you approach the draft guidelines? The DOJ Antitrust Division’s Deputy Assistant Attorney Generals Andy Forman and Michael Kades speak with Melissa Maxman and Anora Wang about the background, guiding principles, and some specific languages. Listen and engage in the constructive process of commenting on the guidelines. With special guests: Andrew Forman, Deputy Assistant Attorney General for the Antitrust Division, U.S. Department of Justice and Michael Kades, Deputy Assistant Attorney General for the Antitrust Division, U.S. Department of Justice Related Links: DOJ-FTC 2023 Draft Merger Guidelines (July 19, 2023) "Look Mickey" by Roy Lichtenstein (National Gallery of Art) Hosted by: Melissa Maxman, Cohen & Gresser LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP
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Jul 31, 2023 • 47min

#232 Never a Dull Moment In Antitrust? Conversation With Judge Douglas Ginsburg

Antitrust cases are often complex and technical, which invites suspicion that such cases should be decided by specialists rather than generalist judges. Would a judge who is truly an antitrust expert think the same? The honorable Judge Douglas Ginsburg of the U.S. Court of Appeals for the District of Columbia Circuit, speaks with Melissa Maxman and Anora Wang with the utmost candor and (at times) unexpected humor reflecting his decades of experiences, observations, and scholarship. With special guests: Judge Douglas Ginsburg, U.S. Court of Appeals for the District of Columbia Circuit Related Links: Antitrust Courts: Specialists versus Generalists, 36 FORDHAM INT’L. L.J. 788 (2013) (with Joshua D. Wright) Antitrust Courts: Specialists versus Generalists, 36 FORDHAM INT’L. L.J. 788 (2013) (with Joshua D. Wright) - alternate location Hosted by: Melissa Maxman, Cohen & Gresser LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP
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Jul 24, 2023 • 38min

#231 What’s Happening in MENA? Trends and Developments in Middle East and Egyptian Antitrust

Merger control and antitrust enforcement continues to expand around the world. Is MENA ahead of or behind the curve? Nicolas Bremer, partner at law firm Bremer, joins Matthew Hall and Jeny Maier to discuss developments in Egypt, Saudi Arabia and Kuwait. Listen to this episode to learn more about merger control and antitrust rules in those jurisdictions and gain practical knowledge of how the regimes really work there. With special guest: Nicolas Bremer, Partner, Bremer Related Links: Bremer law firm resources Hosted by: Matthew Hall, partner, McGuireWoods London LLP and Jeny Maier, partner, Axinn, Veltrop & Harkrider LLP
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Jul 17, 2023 • 31min

#230 Will That Be Cash or Credit? Swipe Fees and Their Critics

The credit card industry has been the subject of increased antitrust scrutiny in recent years, even as consumer understanding of its inner workings remains low. But how did the American credit card system come to be, and are there changes for it on the horizon? Doug Kantor, General Counsel of the National Association of Convenience Stores, speaks with Christina Ma and Matt Reynolds about the history of credit and debit card payment systems, the “swipe fees” on which those systems are built, and the justifications offered over the years for those fees. Tune in to learn more about the development of card payment systems in the United States and the antitrust considerations that continue to influence their development even today. With special guest: Doug Kantor, General Counsel, National Association of Convenience Stores Related Links: https://www.convenience.org/Advocacy/Issues/SwipeFees  https://www.congress.gov/bill/118th-congress/senate-bill/1838  Hosted by: Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Matthew Reynolds, Partner, Huth Reynolds LLP
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Jul 10, 2023 • 29min

#229 What’s Happening in the EU? A Conversation with DG COMP Director-General Olivier Guersent at the 2023 Spring Meeting

The 2023 Annual 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 2022 Spring Meeting. Listen and learn about DG COMP's current work, the most important anticipated developments of 2023, and what competition law policy and enforcement trends the Director-General sees on the horizon. With special guest: Olivier Guersent, Director-General, DG COMP, European Commission Related Links: EU Digital Markets Act EU Foreign Subsidies Regulation EU Horizontal Guidelines and Block Exemption #165 What Say You? International Enforcers Live at Spring Meeting 2022 Hosted by: Alicia Downey, Downey Law LLC and Matthew Hall, McGuireWoods London LLP
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Jul 3, 2023 • 32min

#228 What's Happening in Canada, Brazil, and Taiwan? Conversations With Competition Law Enforcers at the 2023 Spring Meeting

The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world. In this episode, we ask Matthew Boswell, Commissioner of the Canadian Competition Bureau, Alexandre Cordeiro Macedo, President of CADE in Brazil, and Dr. Chih-Min (Andy) Chen, Vice Chairperson of the Taiwan Fair Trade Commission, about their respective agencies' enforcement priorities, what trends they see on the horizon, and what advocates with matters before their agencies should do to be most effective. As a bonus, listeners will also get to know our distinguished guests a little better on a personal level. With special guests: Matthew Boswell, Commissioner of Competition, Competition Bureau Canada, Alexandre Cordeiro Macedo, President, Conselho Administrativo de Defesa Econômica (CADE), and Dr. Chih-Min (Andy) Chen, Vice Chairperson, Taiwan Fair Trade Commission Related Links: Competition Bureau Canada Conselho Administrativo de Defesa Econômica (CADE) Taiwan Fair Trade Commission Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP
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Jun 26, 2023 • 43min

#227 Axin’ the FTC’s Administrative Authority? The Implications of Axon Enterprise, Inc. v. FTC

On April 14, 2023, the U.S. Supreme Court issued its unanimous opinion in Axon Enterprise, Inc. v. Federal Trade Commission, holding that parties contesting the agency's constitutionality may commence immediate collateral challenges in federal court. Will this decision prompt a host new of challenges to the FTC's authority? In this episode, co-hosts Elyse Dorsey and Jana Seidl speak with Nandu Machiraju, Partner at Baker McKenzie, about the Supreme Court’s recent decision and what it means for the FTC and for parties facing the prospect of FTC administrative enforcement. With special guest: Nandu Machiraju, Partner, Baker McKenzie Related Links: Axon Enterprise, Inc. v. Federal Trade Commission U.S. Chamber of Commerce: Supreme Court Hands Businesses a Big Win in Case Against FTC Axon Enterprise, Inc. v. Federal Trade Commission Oral Argument Hosted by: Elyse Dorsey, Partner, Kirkland & Ellis LLP and Jana Seidl, Senior Associate, Baker Botts LLP

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