Our Curious Amalgam

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.

Mark Poe, a partner at Gaw Poe LLP and a key player in Robinson-Patman Act litigation, joins hosts Puja Patel and Aaron Yeater to debunk misconceptions about the RPA. They delve into its origins, highlighting its role in protecting independent merchants against chain store pricing power. The conversation covers recent FTC investigations into big retailers' pricing disparities and discusses how the Act could promote fairer pricing for consumers. Poe’s unique insights challenge mainstream critiques and reveal the Act's potential benefits for smaller businesses.

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.