Our Curious Amalgam

How is the European Commission rethinking its approach to competition policy and enforcement as new leadership takes the helm, including the appointment of Spain's Teresa Ribera as the European Commissioner for Competition? Alicia Downey and Subrata Bhattacharjee talk to John Davies, Senior Advisor at the Brunswick Group, about the changing landscape of EU competition policy and its implications for merger investigations and other proceedings. Listen to this episode to hear what effect these policy changes may have on firms in and outside the EU, and why the Scarlets are John's favorite Welsh rugby team. With special guest: John Davies, Senior Advisor, Brunswick Group LLP Related Links: John Davies et al., EU Merger Control - A New Era? (Brunswick Group Nov. 2024) - Upload attached article Ursula von der Leyen, Mission Letter addressed to Teresa Ribera Rodriguez (EC Sept. 17, 2024) Mario Draghi, The future of European competitiveness Part A, A competitiveness strategy for Europe (EC Sept. 2024) Mario Draghi, The future of European competitiveness Part B, In-depth analysis and recommendations (EC Sept. 2024) Hosted by: Alicia Downey, Downey Law LLC and Subrata Bhattacharjee, Borden Ladner Gervais LLP

The independent Mexican competition law regulator, COFECE, has been abolished and absorbed into the Ministry of Economics. What does this mean for merger control and competition law enforcement in Mexico? Lucia Ojeda Cárdenas, lawyer at SAI Law & Economics in Mexico City, joins Matthew Hall and Subrata Bhattacharjee to discuss this dramatic reform to the Constitution of Mexico. Listen to this episode to learn more about the timing of the changes, the structure of the new agency and implications for Mexican and foreign companies operating in the country. With special guest: Lucia Ojeda Cárdenas, partner, SAI Law & Economics  Related Links: SAI memo November 2024, Bill to eliminate various autonomous constitutional agencies, including COFECE COFECE press release November 2024, Position regarding the approval of the reform on organic simplification COFECE position paper regarding the reform COFECE position paper regarding the transition to the new competition authority IFT position paper regarding the reform  IFT position paper regarding the budget assigned by Congress  Congress of the Union, Decree whereby various provisions of the Political Constitution of the United Mexican States are reformed, added, and repealed, in organic simplification matters Hosted by: Matthew Hall, McGuireWoods London LLP and Subrata Bhattacharjee, Borden Ladner Gervais LLP

Regulators around the world have raised antitrust concerns over concentrated control of key inputs into AI development and deployment, with access to cloud computing as one area of focus. What are the key concerns and proposed actions? A panel of experts from Argentina, Brazil, and the U.S. speak with Koren Wong-Ervin and Anora Wang on thoughts on the theories of harm, as well as possible efficiencies and benefits to various business arrangements and other conduct. Listen to this episode to hear from Gustavo Augusto Freitas de Lima (Commissioner of Brazil’s CADE), Alexis Pirchio (President of Argentina’s CNDC), Helder Agostinho (Deputy Assistant Director of the U.S. FTC’s Technology Enforcement Division), and Thomas DeMatteo (Chief Counsel on the U.S. Senate Judiciary Committee to Senator Mike Lee). With special guests: Gustavo Augusto Freitas de Lima, Commissioner, CADE Alexis Pirchio, President, CNDC Helder Agostinho, Deputy Assistant Director of Technology Enforcement Division, FTC Thomas DeMatteo, Chief Counsel on the U.S. Senate Judiciary Committee to Senator Mike Lee Related Links: Full Panel Discussion (Dec. 8, 2024)  Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Koren Wong-Ervin, Jones Day

The FTC’s new “Click-to-Cancel” rule is reshaping consumer protection and compliance in the subscription economy. But what challenges and opportunities does this regulation present for businesses? Panos Dimitrellos and Jaclyn Phillips explore these issues with guest Christi Lawson, partner at Foley & Lardner, discussing the rule’s legal, economic, and behavioral implications, as well as potential penalties for non-compliance. Listen to this episode to learn more about how this pivotal rule impacts businesses, consumers, and the broader regulatory landscape. With special guest: Christi A. Lawson, Partner, Foley & Lardner Related Links: Federal Trade Commission Announces Final “Click-to-Cancel” Rule Making It Easier for Consumers to End Recurring Subscriptions and Memberships Christi A. Lawson Hosted by: Panos Dimitrellos, Secretariat Economists LLC and Jaclyn Phillips, White & Case LLP

The U.S. Department of Justice Antitrust Division recently updated its guidance regarding the division’s “Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations.” What are the key changes? In this episode, Alicia Downey and Anora Wang talk to Emma Burnham, Antitrust Division Director of Criminal Enforcement, about how prosecutors assess the effectiveness of corporate antitrust compliance programs against the backdrop of the increasing utilization of artificial intelligence and ephemeral messaging technology. Private practitioner Tee St. Matthew-Daniel of Paul Weiss joins the conversation with her insights on the elements of the updated guidance that companies and their antitrust counsel need to consider, as well as a preview of the Section's biannual Women's Antitrust Roundtable. With special guests: Emma Burnham, Director, Antitrust Division, Department of Justice and Tee St. Matthew-Daniel, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP Related Links: U.S. Department of Justice Antitrust Division, Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (Nov. 13, 2024) Antitrust Magazine Interview with Emma Burnham, Director, Antitrust Division, Department of Justice, Antitrust, Vol. 39, Issue 1, Fall 2024 (Dec. 13, 2024)  Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP

Happy New Year to OCA listeners everywhere! Antitrust was a hot topic in 2024, and it's poised to get even hotter in 2025. In Our Curious Amalgam's year-end special episode, six of our regular hosts offer their perspectives on 2024's notable developments and trends in criminal antitrust enforcement, monopolization and merger challenges, international competition law, consumer protection, and data privacy. Listen to practitioners' insights regarding the emerging topics and themes of the coming year that will no doubt be featured in future OCA episodes. With special guests: Brendan Coffman, Wilson Sonsini Goodrich & Rosati, Matthew Hall, McGuireWoods LLP, James Hunsberger, Axinn, Veltrop & Harkrider LLP and Derek Jackson, Cohen & Gresser LLP Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP

India is now one of the most important competition law jurisdictions in the world. With direct court action against anti-competitive practices not an option, how can a third party seek to persuade the Competition Commission of India to become involved? Abir Roy, partner and co-founder of Sarvada Legal, joins Matthew Reynolds and Matthew Hall to discuss the underlying rules and practical issues involved in bringing an information (complaint) before the CCI. Listen to this episode to learn more about precedent cases, the evidence required, the various stages of an investigation, timeframes, confidentiality, remedies, the availability of compensation and other issues involved in this area. With special guest: Abir Roy, partner and co-founder, Sarvada Legal Related Links: Order in Alphabet/Google case 2022 Order in Alphabet/Google case 2024 Competition Commission of India webpage (Filing of Information) Competition Commission of India press release (Meta fine) Hosted by: Matthew Reynolds, Huth Reynolds LLP and Matthew Hall, McGuireWoods London LLP

The FTC's unfair competition enforcement policy under FTC Act Section 5 has frequently been in the headlines the past two years. What is the history of Section 5 enforcement and how has the Commission utilized this tool since issuing its 2022 Policy Statement on unfair methods of competition? Hosts Jeny Maier and Sergei Zaslavsky explore the many aspects of Section 5 unfair competition enforcement with guest Dan Graulich. Listen to this episode to learn about the past, present, and potential future of the FTC's unfair competition enforcement policy. With special guest: Daniel Graulich, Baker & McKenzie LLP Related Links: FTC 2022 Policy Statement The FTC's Section 5 Initiatives: Where Things Stand Under the Biden Administration  Hosted by: Jeny Maier, Axinn, Veltrop & Harkrider LLP and Sergei Zaslavsky, O’Melveny & Myers LLP

Ann O'Brien, a partner at Sheppard Mullin and former federal prosecutor, dives into the complexities of criminal antitrust law, focusing on the implications of the Brewbaker case. She explores how recent judicial trends could affect per se prosecutions and discusses the evolving dynamics of the Department of Justice. O'Brien shares her personal journey through cancer advocacy and engages in a light-hearted conversation about space travel preferences. Tune in for insights blending legal intricacies with personal triumphs!

Sanjog Misra, the Charles H. Kellstadt Professor of Marketing and Applied AI at the University of Chicago, joins the discussion on personalized pricing. He dives into how businesses utilize consumer data to set tailored prices, weighing the benefits and ethical dilemmas this creates. Misra also addresses the ongoing FTC investigation into surveillance pricing, highlighting the delicate balance between privacy and economic welfare. The conversation reveals why regulators must grapple with these evolving practices to protect consumers in a data-driven world.