Our Curious Amalgam

The failing firm defense can be viewed skeptically when put forward by merging parties. But when can it be used successfully to save a deal that may otherwise be found to be anticompetitive? Chris Wilson, partner in the antitrust group of Paul Weiss, joins Jaclyn Phillips and Anora Wang to discuss the current state of the failing firm defense. Listen to this episode if you want to learn more about recent cases and what facts may make a failing firm defense thrive. With special guest: Christopher M. Wilson, Paul, Weiss, Rifkind, Wharton & Garrison LLP Related Links: Hospitals Defeat FTC Merger Injunction Request With a Version of the “Failing Firm” Defense Hosted by: Jaclyn Phillips, White & Case LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP

The Antitrust Law Section's new Chair is a lawyer, professor, and author of countless books and articles, with decades of leadership experience in the Section. What changes will he bring? In this episode, co-hosts Alicia Downey and Puja Patel ask Steve Cernak about his unusual career path, the priorities and initiatives he is planning to pursue in his one-year term, and the legal trends that he believes will affect the Section's members and their clients. Listen to this episode to get to know Steve a little better as the leader of a global association of professionals in the fields of antitrust, competition, consumer protection, and data privacy law--and as a loyal baseball fan. With special guest: Steven Cernak, Partner, Bona Law PC Hosted by: Alicia Downey, Downey Law LLC and Puja Patel, A&O Shearman US LLP

Most agree that children's online privacy is important. But how should it be protected? Ryan Durrie, Associate Director of the Cordell Institute at Washington University in St. Louis, joins Christina Ma and Anora Wang to discuss how the Children's Online Privacy Protection Act (or COPPA) protects online privacy today and how it could be reformed. Listen to this episode if you want to learn about the latest policy developments in online privacy. With special guest: Ryan Durrie, Associate Director, Cordell Institute at Washington University in St. Louis Related Links: Cordel Institute for Policy in Law and Medicine, Washington University in St. Louis, Comment to FTC on COPPA (Mar. 12, 2024) Neil Richards, Woodrow Hartzog, & Jordan Francis, A Concrete Proposal for Data Loyalty (2023)  Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz

Privacy law has become increasingly relevant and important with the advent of the internet and all things digital and most agree that these laws should protect children's privacy, in particular. But what are the tradeoffs? James Cooper, Professor of Law and Economics at Scalia Law School at George Mason University, joins Christina Ma and Anora Wang to discuss the Children's Online Privacy and Protection Act, proposed changes to the rules enforcing the Act, and the potential tradeoffs to certain proposals. Listen to this episode of Our Curious Amalgam if you want to learn more about how the U.S. regulates online privacy for kids and its impact. With special guest: James Cooper, Antonin Scalia Law School Related Links: Garrett Johnson, Tesary Lin, James Cooper and Liang Zhong, COPPAcalypse (2023) Comment on FTC's Proposed COPPA Rulemaking, Program on Economics & Privacy, George Mason University Scalia Law School (2024) Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Anora Wang, Arnold & Porter Kaye Scholer LLP

Federal and State antitrust authorities have started to take closer looks into mergers of hospitals that are in different geographic areas. What are the theories of harm behind such investigations, and what does the economics literature have to say about those cross-market theories? Join Anora Wang and Jeny Maier as they hear from leading healthcare economist Cory Capps about recent academic research and agency activities on this front. Listen to this episode if you want to learn more about cutting-edge thinking in healthcare mergers. With special guest: Cory Capps, Partner, Bates White Economic Consulting Related Links: Cory Capps, Leyla Karakas, & Tetyana Shvydko, Cross-Market Mergers: Theories of Harm and Limiting Principles (2023)  Greg Vistnes, Cross-Market Hospital Mergers: Assessing Likely Harm and Implications for Government Action (2023) Hosted by: Jeny Maier, Axinn, Veltrop & Harkrider LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP

When analyzing the competitive effects of a proposed transaction, the U.S. antitrust agencies may attempt to define and assess the potential loss of innovation in a relevant market. But what exactly is "innovation," and how can potential losses (or gains) in innovation be measured? In this episode Alicia Downey and Lijun Zhang speak with Cornerstone Research economist Penka Kovacheva about how economists are attempting to measure the impact of mergers on innovation, with a focus on the pharmaceutical industry. Listen to this episode to learn about whether any of these attempts have been successful and why there is much more work to be done. With special guest: Penka Kovacheva, Vice President, Cornerstone Research Related Links: Penka Kovacheva, Maria Salgado, Anca Cojoc, & Lorenzo Cattivelli, "The Impact of Pharmaceutical M&A on Innovation: Insights from the Literature and Gaps Remaining" Hosted by: Alicia Downey, Downey Law LLC and Lijun Zhang, Freshfields Bruckhaus Deringer LLP

Labour markets are in the focus of competition law regulators worldwide and companies and their advisers need to know what the issues are. What is the situation in the EU and its member states? Johanna Kübler, partner at German competition law firm Commeo, joins Jaclyn Phillips and Matthew Hall to discuss the background to this current focus in the EU, the legal rules that apply, the current status of leading investigations and key practical compliance messages. Listen to this episode to learn more about how to navigate and comply with competition law in this important area. With special guest: Johanna Kübler, partner, COMMEO Rechtsanwälte PartGmbB Related Links: Portugal Competition Authority technology consulting no-poach investigation 2024: https://www.concorrencia.pt/en/articles/adc-accuses-multinational-technology-consulting-group-anticompetitive-practices-labor https://www.concorrencia.pt/en/articles/adc-fined-multinationals-anticompetitive-practices-labor-market European Commission Competition Policy Brief "Antitrust in Labour Markets" May 2024 Commissioner Vestager speech October 2021 "A new era of cartel enforcement" European Commission food delivery no-poach investigation November 2023 Commeo newsletter "Labour Markets in the Focus of Competition Watchdogs" May 2024 UK Competition and Markets Authority purchase of freelance services investigations U.S. Federal Trade Commission "FTC Announces Rule Banning Noncompetes" April 2024 Hosted by: Jaclyn Phillips, White & Case LLP and Matthew Hall, McGuireWoods London LLP

Private equity and health care are important aspects of the U.S. economy. Why are antitrust enforcers focused on the intersection of these two areas? Carla Hine, an antitrust attorney well-versed in both industries, joins Jaclyn Phillips and Jeny Maier to discuss the role PE plays in health care transactions and what antitrust enforcers' recent focus means for such transactions. Listen to this episode to learn more about everything from the benefits of PE investment to legal theories underlying the current conversation. With special guest: Carla Hine, Counsel, Weil, Gotshal & Manges LLP Hosted by: Jaclyn Phillips, White & Case LLP and Jeny Maier, Axinn, Veltrop & Harkrider LLP

The Australian Competition and Consumer Commission's enforcement and policy priorities for 2024-2025 reflect a focus on a wide range of conduct in many industries. What does this mean for practitioners, market participants, and consumers in Australia? Peta Stevenson, a competition attorney with more than two decades of experience, joins Jaclyn Phillips and Anant Raut to discuss the takeaways and implications. Listen to this episode to learn more about competition enforcement in Australia. With special guest: Peta Stevenson, Partner, King & Wood Mallesons Related Links: Easing Cost of Living: ACCC Announces 2024 Enforcement Priorities, With a Focus on Consumers Stop Right There: Australia’s Merger Regime Set To Change Hosted by: Jaclyn Phillips, White & Case LLP and Anant Raut

The Federal Trade Commission's non-compete ban has stirred vigorous discussion in the antitrust bar and beyond. What do economic theory and empirical analysis tell us about the effects of non-competes, and whether a ban is justified? Economists Evan Starr and Brian Albrecht join co-hosts Sergei Zaslavsky and Anora Wang to debate the state of economic evidence on non-competes, the implications for policy, and what we still have to learn. Listen to this episode, which also aired as a live ABA program, for an in-depth discussion that highlights both areas of consensus and areas of disagreement on the economics of non-competes. With special guests: Evan Starr, Associate Professor, University of Maryland Robert H. Smith School of Business and Brian Albrecht, Chief Economist, International Center for Law & Economics Related Links: Starr, Evan P., J.J. Prescott, and Norman D. Bishara. "Noncompete Agreements in the U.S. Labor Force." Journal of Law and Economics 64, no. 1 (2021): 53-84  Thomas, Randall S. and Thomas, Randall S. and Bishara, Norman D and Martin, Kenneth J., An Empirical Analysis of Non-Competition Clauses and Other Restrictive Post-Employment Covenants (February 26, 2014) Posner, Eric A. and Triantis, George G. and Triantis, Alexander J. and Triantis, Alexander J., Investing in Human Capital: The Efficiency of Covenants Not to Compete (January 2004) Hosted by: Sergei Zaslavsky and Anora Wang, Arnold & Porter Kaye Scholer LLP