Our Curious Amalgam

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

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

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

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

The current administration and leadership at the FTC, helmed by Chair Lina Khan, have been vocal about their desire to expand antitrust and consumer protection enforcement and to use all the tools in their enforcement and regulatory toolkit to address harms that they see as taking place across the economy. But are these new initiatives consistent with constitutional and administrative law principles? Matt Tabas, an experienced antitrust practitioner and former FTC attorney, joins Jeny Maier and Melissa Maxman to offer an overview of the challenges that the FTC is facing while it is seeking to flex its enforcement muscles. Listen to this episode to learn more about these threats to the FTC and how courts are likely to address them. With special guest: Matthew Tabas, Partner, Arnold & Porter Hosted by: Jeny Maier and Melissa Maxman

Legal textbooks have always been expensive but these days, the cost of a new commercially-published antitrust law casebook can range from $300 to $500. What if a high-quality casebook were available at little or no cost? With the support of the ABA Antitrust Law Section, NYU Law School Professors Christopher Sprigman and Daniel Francis recently completed the world’s first openly-licensed antitrust law casebook. Listen to this episode as they talk with co-hosts Alicia Downey and Sarah Zhang about this important project and whether eliminating the expense of traditional casebooks might lead to an increase in law students taking antitrust and potentially pursuing careers in the field. With special guests: Daniel Francis, Assistant Professor of Law, New York University School of Law Christopher Jon Sprigman, Murray and Kathleen Bring Professor of Law, New York University School of Law, and Co-Director, Engelberg Center on Innovation Law and Policy Related Links: Daniel Francis & Christopher Jon Sprigman, Antitrust Principles, Cases and Materials Hosted by: Alicia Downey, Downey Law LLC and Sarah Zhang, Baker Botts L.L.P.

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 Natalie Harsdorf-Borsch, acting director of the Austrian Federal Competition Authority, Laura Melusine Baudenbacher, president of the Swiss Competition Commission, and Šarūnas Keserauskas, the then chairman of the Lithuanian Competition Council, 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: Natalie Harsdorf-Borsch, Acting Director, Austrian Federal Competition Authority, Dr. Laura Melusine Baudenbacher, President, Swiss Competition Commission, and Šarūnas Keserauskas, Chairman, Lithuanian Competition Council (2011-2023) Related Links: Austrian Federal Competition Authority (Bundeswettbewerbsbehörde) Swiss Competition Commission Competition Council of the Republic of Lithuania (Konkurencijos taryba) Hosted by: Alicia Downey, Downey Law LLC, Anora Wang, Arnold & Porter Kaye Scholer LLP, Sergei Zaslavsky, O'Melveny & Myers LLP, and Jeny Maier, Axinn, Veltrop & Harkrider LLP

Section 230 generally shields online platforms from liability for third-party content. It has been widely credited with enabling the growth of the internet, but to what extent does it apply to the latest disruptive technology --- generative AI? Jess Miers, Legal Advocacy Counsel at the Chamber of Progress, discusses the applicability of Section 230 to generative AI with hosts Christina Ma and Sergei Zaslavsky. Listen to this episode to learn about arguments for and against applying Section 230 to generative AI, and what features of generative AI will likely be key to determining the scope of Section 230 protection. With special guest: Jess Miers, Legal Advocacy Counsel, Chamber of Progress Related Links: Matt Pereault, Section 230 Won’t Protect ChatGPT, Lawfare  Jess Miers, Yes, Section 230 Should Protect ChatGPT And Other Generative AI Tools, Techdirt Henderson v. The Source for Public Data Fourth Circuit Opinion Fair Housing Council of San Fernando Valley v. Roommates.com Ninth Circuit Opinion Hosted by: Sergei Zaslavsky, O'Melveny & Myers and Christina Ma, Wachtell, Lipton, Rosen & Katz

There are many debates in the antitrust world today, but none is as fundamental as the discussion over the core purpose of antitrust. Should antitrust law be solely concerned with economic efficiency, or is it also a tool for upholding and promoting our democratic political values? Spencer Waller, law professor at the Loyola University Chicago School of Law, and Geoffrey Manne, founder of the International Center for Law and Economics, debate this important question with hosts Sergei Zaslavsky and Melissa Maxman. Listen to this episode to hear competing perspectives on such key issues as the connection between economic and political power, the proper role of different branches of government in shaping antitrust policy, and much more. With special guests: Spencer Waller, John Paul Stevens Chair in Competition Law, Loyola University Chicago School of Law and Geoffrey Manne, Founder and President of International Center for Law and Economics Related Links: Harry First and Spencer Weber Waller, Antitrust’s Democracy Deficit, 81 Fordham L. Rev. 2543 (2013) Antitrust and Democracy by Spencer Weber Waller :: SSRN Geoffrey Manne & Alec Stapp, Does Political Power Follow Economic Power? (Dec. 30, 2019) Hosted by: Sergei Zaslavsky, O'Melveny & Myers and Melissa Maxman, Cohen & Gresser

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, including Germany and Spain. In this episode, we ask Andreas Mundt, the president of the German Bundeskartellamt and Cani Fernández, the president of the Spanish National Markets and Competition Commission, about their 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: Andreas Mundt, President, the Bundeskartellamt and Cani Fernández, President, Comisión Nacional de los Mercados y la Competencia Related Links: Bundeskartellamt  Spanish National Markets and Competition Commission (CNMC)  Ep. #177 Who Is Cani Fernández? Meet the President of the Spanish National Markets and Competition Commission  Hosted by: Sergei Zaslavsky, O'Melveny & Myers LLP and Alicia Downey, Downey Law LLC