Our Curious Amalgam

Dr. Gautam Gowrisankaran, a Columbia University economics professor and antitrust expert, dives into the recent surge in U.S. airline mergers. He unpacks the complexities of market definitions and shares insights on competitive dynamics, emphasizing the JetBlue-Spirit merger as a case study. The discussion reveals how customer preferences and route overlaps affect competition, particularly contrasting East Coast and West Coast landscapes. The conversation lightens up with personal anecdotes and humor, adding a delightful twist to the serious analysis.

Courtney Dyer, an antitrust partner at O'Melveny & Myers LLP, and David Heffernan, Chair of Transportation & Trade at Cozen O'Connor P.C., delve into the intricate world of U.S. airline mergers. They discuss the role of various regulatory bodies in overseeing these transactions, with a spotlight on recent cases like the Alaska Airlines and Hawaiian Airlines merger. The conversation covers market definitions, competitive dynamics, and shares amusing personal anecdotes, enhancing the understanding of this complex industry.

Lesley Fair, a consumer protection law legend and former Senior Attorney at the FTC, discusses her impressive 37-year career dedicated to simplifying complex legal concepts. She highlights the evolving challenges of consumer protection, especially in the digital age, and emphasizes the importance of public education. Fair also shares insights on the Janet Steiger Fellowship to inspire the next generation of lawyers. Plus, she offers personal anecdotes and valuable advice for emerging professionals while engaging in fun movie recommendations.

Nisha Kaur Uberoi, a partner and competition law chair at JSA law firm, shares her expertise on recent changes to India's merger control regime. She discusses the new deal value threshold and the shift to a material influence test for control, reshaping how mergers are assessed. The conversation highlights the implications for transactions and the challenges that lie ahead, including the revised green channel for approvals and added mapping requirements for affiliations. Nisha's insights provide a crucial understanding of how these developments will affect businesses operating in India.

Daniel J. Rosenthal, Special Counsel at Milbank LLP, dives into the recent changes to the Hart-Scott-Rodino Act's premerger notification rules. He discusses the new requirements for merging parties and the timeline for compliance. The conversation sheds light on the implications for legal teams and the need for transparency in transactions. Amidst the serious topics, Rosenthal shares humorous personal anecdotes, lightening the mood while still providing essential insights into regulatory complexities.

Fiona Schaeffer, a partner at Milbank LLP with over 25 years in antitrust law, discusses how competition law can address pressing issues like climate change and AI. She shares insights about the ABA’s initiatives, emphasizing balanced regulations that encourage innovation while protecting consumers. Fiona reflects on the importance of updating guidelines for sustainability, the need for collaboration among stakeholders, and even takes a moment to enjoy the light-hearted connection between pet ownership and the complexities of life.

Nicole Kar, a partner specializing in EU antitrust law at Paul, Weiss, joins to unravel the European Court of Justice's ruling on the Illumina-GRAIL merger. They discuss the Commission's failed attempt to assert jurisdiction under Article 22 and its implications for future merger reviews. Kar highlights the uncertainty for companies regarding 'killer acquisitions' and the challenges created by revised regulations. The conversation also touches on legal certainty's importance in maintaining Europe's competitiveness, wrapped up with a humorous legal anecdote.

Luis Blanquez, a partner at Bona Law P.C. specializing in antitrust law, joins the discussion on Big Tech's challenges with AI investments amidst tightening regulations. The conversation dives into the implications of recent scrutiny on mergers and licensing deals, exploring how this might protect smaller rivals or stifle innovation. Blanquez also reflects on the shifting funding landscape for AI startups, noting the allure of big tech partnerships over traditional venture capital. Personal anecdotes add a humorous touch, showcasing his passion for competition, both in law and basketball.

The European Commission's draft guidelines on exclusionary abuses of dominance will, once adopted, be a key document when applying EU competition law. But what is in the draft? Rona Bar-Isaac, head of competition at Addleshaw Goddard in London, joins Matthew Hall and Derek Jackson to discuss the draft guidelines and a controversial European Court of Justice judgment which was released soon after the publication of the guidelines. Listen to this episode to learn more about the components of the draft, including the Commission's two-stage approach for analysing potential exclusionary abuses of dominance and the available defences, as well as the implications for the guidelines of the Google Shopping ECJ judgment that deals with self-preferencing as an abuse. With special guest: Rona Bar-Isaac, partner, Addleshaw Goddard LLP Related Links: European Commission press release 1 August 2024 consultation on draft antitrust guidelines on exclusionary abuses European Commission consultation webpage including draft guidelines European Court of Justice press release 10 September 2024 Google Shopping judgment European Court of Justice 10 September 2024 Google Shopping judgment Addleshaw Goddard 8 August 2024 briefing on draft antitrust guidelines on exclusionary abuses Hosted by: Matthew Hall, McGuireWoods London LLP and Derek Jackson, Cohen & Gresser LLP

Can a Big Law antitrust practitioner have a successful career as a solo or small firm lawyer? In this episode, antitrust trial lawyer Sean Gates and co-hosts Alicia Downey and Matt Reynolds talk about their experiences leaving large firms to strike out on their own in the middle of their careers. Listen to this episode to learn what motivated them to "go small," and why antitrust law offers unique challenges, opportunities, and rewards to those looking for an alternative to Big Law practice. With special guest: Sean Gates, Partner, Illovsky Gates & Calia LLP Hosted by: Alicia Downey, Downey Law LLC and Matthew Reynolds, Huth Reynolds LLP