Our Curious Amalgam

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

The preservation of competition in agricultural markets has been identified as as one of the Biden Administration's highest enforcement priorities. In this episode, co-hosts Alicia Downey and Barry Nigro talk to Professor Kelly Nuckolls of the University of Arkansas School of Law about recent enforcement actions and rulemaking efforts targeting anticompetitive practices in the agriculture sector. Listen to this episode to learn about the DOJ Antitrust Division's case against benchmarking service provider Agri Stats based on allegedly collusive information-sharing, and the Division's renewed interest in enforcing the Packers and Stockyards Act of 1921--a federal statute with the potential to support challenges to unfair conduct that the Sherman Act might not reach. With special guest: Kelly Nuckolls, Assistant Director and Visiting Assistant Professor of Law for the LL.M. Program in Agricultural and Food Law, University of Arkansas School of Law Related Links: Agricultural Marketing Service, Department of Agriculture (USDA), Inclusive Competition and Market Integrity Under the Packers and Stockyards Act, 9 CFR 201.302-201.390 (Mar. 6, 2024) Agricultural Marketing Service, Department of Agriculture (USDA), Transparency in Poultry Grower Contracting and Tournaments, 9 CFR 201.2-201.4 (Nov. 28, 2023) Wheeler v. Pilgrim's Pride Corp., 591 F.3d 355 (5th Cir. 2009) Hosted by: Alicia Downey, Downey Law LLC and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP

Not many antitrust lawyers have a front row seat to competition law and policy around the globe. But have you met Krisztian Katona? Krisztian Katona, an international competition lawyer, speaks with Anora Wang and Jaclyn Phillips about the trajectory of his career, insights about competition law and trends, and how the ABA provides opportunities for international lawyers. With special guest: Krisztian Katona, Computer & Communications Industry Association Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Jaclyn Phillips, White & Case LLP

The EU's merger control law--the Merger Regulation--was revised in 2004, and 2024 is therefore the 20th anniversary of the changes. What prompted those changes? Sir Philip Lowe, Director-General of the European Commission's Directorate-General for Competition from 2002-2010, joins Matthew Reynolds and Matthew Hall to discuss the background to the changes and what else in EU merger control changed at the time. Listen to this episode to learn more about the basis for the current EU regime and Sir Philip's views on other topical merger control issues. With special guest: Sir Philip Lowe, Partner, Oxera Consulting Related Links: European Commission Mergers Website Page Court of First Instance judgment in Airtours Court of First Instance judgment in Tetra Laval/Sidel Court of First Instance judgment in Schneider/Legrand Hosted by: Matthew Reynolds, Huth Reynolds LLP and Matthew Hall, McGuireWoods London LLP

An important component of U.S. consumer protection law includes the regulation of endorsements, a form of advertising where someone other than the seller of a product or service—such as an athlete, a celebrity, or an influencer—is compensated to promote that product or service. In this episode, co-hosts Alicia Downey and Matt Reynolds talk to consumer protection lawyer Caiti Zeytoonian about the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising, which were significantly updated in June 2023 to reflect the rising power and ubiquity of social media influencers. Listen and learn how the new guidance is making a difference in the rapidly evolving world of online endorsements. With special guest: Caiti Zeytoonian, Morgan, Lewis & Bockius LLP Related Links: 16 CFR Part 255, Guides Concerning Use of Endorsements and Testimonials in Advertising Disclosures 101 for Social Media Influencers The FTC Endorsement Guides: What People Are Asking (FAQs) Hosted by: Alicia Downey, Downey Law LLC and Matthew Reynolds, Huth Reynolds LLP

While on site at the ABA Antitrust Law Section's Annual Spring Meeting in April 2024, the Our Curious Amalgam team sat down with competition regulators from around the world to talk about their current and future enforcement priorities. We also got to know them a little better as people. In this episode, Alicia Downey finds out what's happening in New Zealand with Andrew Riseley, the General Counsel and General Manager of the Legal Services branch of the New Zealand Commerce Commission. Following that is Alicia's interview with Joshua Sherman, the Chief Economist of the Israel Competition Authority. The episode concludes as Jaclyn Phillips speaks with Tina Søreide, the General Manager of the Norwegian Competition Authority. With special guests: Andrew Riseley, General Counsel/General Manager Legal Services, New Zealand Commerce Commission, Joshua Sherman, Chief Economist, Israel Competition Authority, and Tina Søreide, General Manager, Norwegian Competition Authority Related Links: New Zealand Commerce Commission Israel Competition Authority OCA Episode #175, Who Is Michal Halperin? Meet the Former Director-General of the Israeli Competition Authority Norwegian Competition Authority Hosted by: Alicia Downey, Downey Law LLC and Jaclyn Phillips, White & Case LLP

In April 2024, the Our Curious Amalgam team interviewed international competition law regulators while on site at the ABA Antitrust Law Section's Annual Spring Meeting in Washington, D.C. In this episode, Anora Wang talks to Samuel Chan, Chairman of the Hong Kong Competition Commission, and Commissioner Reiko Aoki of the Japan Fair Trade Commission. Listen to what they had to say about their respective agencies' major achievements of the past year and current and future enforcement priorities, while also getting to know them a little better as people. With special guests: Samuel Chan, BBS, JP, Chairman, Hong Kong Competition Commission and Reiko Aoki, Commissioner, Japan Fair Trade Commission Related Links: Hong Kong Competition Commission Educational short videos produced by the Hong Kong Competition Commission Japan Fair Trade Commission Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP

The 2024 edition of the ABA Antitrust Law Section's Spring Meeting in Washington, D.C., offered the Our Curious Amalgam team a chance to speak with competition law regulators from around the world. While on site at the meeting, we sat down with several of them to discuss their enforcement priorities and other issues, while also getting to know them a little better as people. This episode features interviews conducted by three of our OCA hosts. First, Anora Wang discovers what's happening in France with Benoît Cœuré, the president of the French Competition Authority. Next, Jeny Maier speaks with Nuno Cunha Rodrigues, the president of the Portugese Competition Authority, about his agency's competition enforcement priorities, as well as sightseeing recommendations for Jeny's upcoming visit to Portugal. And finally, Barry Nigro hears about what's going on in Poland with Martyna Derszniak-Noirjean Director of the International Cooperation Office of the Polish Office of Competition and Consumer Protection. With special guests: Benoît Cœuré, President, Autorité de la concurrence (France), Nuno Cunha Rodrigues, President, Autoridade da Concorrência (Portugal), and Martyna Derszniak-Noirjean, Director, International Cooperation Office, Office of Competition and Consumer Protection (Poland) Related Links: Autorité de la concurrence (France) Autoridade da Concorrência (Portugal) Office of Competition and Consumer Protection (Poland) Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP, Jeny Maier, Axinn, Veltrop & Harkrider LLP, and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP