Our Curious Amalgam

Our Curious Amalgam is celebrating its 250th episode by hosting a family reunion! In this episode, former and current regular hosts Alicia Downey, Anora Wang, Matthew Hall, Christina Ma, Anant Raut, and Sergei Zaslavsky highlight the some of the Top 5 most listened-to episodes, year by year, since OCA first launched in 2019. In addition to looking back at the most popular episodes, we talk about undiscovered gems in the archives and the most important legal trends and developments that have occurred since Episode #1. Listen to this episode for a special look back at the greatest hits of Our Curious Amalgam and discover how they are still relevant today. With special guests: Matthew Hall, McGuireWoods LLP, Christina Ma, Wachtell, Lipton, Rosen & Katz, Anant Raut, Trust & Trade and Sergei Zaslavsky, O'Melveny & Myers LLP Related Links: Trust and Trade Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP

Are you curious about issues related to competition and geopolitical concerns in the global semiconductor sector? In this episode, Barry Nigro and Alicia Downey talk to Arnold & Porter partner David Emanuelson, formerly in-house M&A counsel for Intel Corporation, about how the Chinese government's State Administration for Market Regulation (SAMR) approaches merger clearance. Listen to this episode to learn about the geopolitical pressures on the semiconductor industry and what antitrust counsel can do to improve the chances of getting a deal cleared in China. With special guest: David Emanuelson, Arnold & Porter Related Links: David Emanuelson & Danielle Drory, "The Potential Chilling Effects of Lowering Standards for Tech M&A Enforcement," 34 Antitrust 14 (2020) Hosted by: Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP and Alicia Downey, Downey Law LLC

For decades, Section 8 of the Clayton Act--which prohibits two competing corporations from sharing a common director--was rarely enforced by the U.S. antitrust agencies, and corporations were for the most part left to regulate themselves. In this episode, Alicia Downey and Sergei Zaslavsky talk to antitrust practitioner Diane Hazel about how the U.S. Department of Justice and the Federal Trade Commission have recently been focusing a lot more attention on identifying Section 8 violations based on an expansive view of the scope of the statute. Listen to this episode to learn about recent enforcement trends and what companies can do to avoid potentially unlawful interlocking directorates. With special guest: Diane Hazel, Foley & Lardner LLP Related Links: Benjamin R. Dryden, Diane Hazel & Richard L. Flannery, An Analysis of the “Deputization” Theory of Section 8 of the Clayton Act, Antitrust Source (August 31, 2023) Diane Hazel, Richard L. Flannery & Benjamin R. Dryden, How To Assess Interlocking Directorates In Antitrust Ramp-Up, Law 360 (October 25, 2022) ABA Antitrust Law Section, Interlocking Directorates Handbook (2011) Hosted by: Alicia Downey, Downey Law LLC and Sergei Zaslavsky, O'Melveny & Myers LLP

Some have expressed concerns over a lack of competition in the U.S. rail freight and passenger services markets. How the U.S. freight rail system works and is competition an issue in the sector? Dr. Russell Pittman, the Director of Economic Research in the Antitrust Division of the U.S. Department of Justice, examines the state of competition in the freight rail sector with Barry Nigro and Anora Wang. We'll take a deep dive into the participants of the market, the competition concerns, the recent challenges, and high-level observations. Join us to learn more! With special guest: Dr. Russell Pittman, Director of Economic Research, Antitrust Division of the U.S. Department of Justice Related Links: Press Release, STB Issues Proposed Rule Regarding Reciprocal Switching for Inadequate Service (Sept. 7, 2023) Press Release, Surface Transportation Board Adopts New Rules for Smaller Rate Disputes (Dec. 19, 2022) Press Release, STB Approves CP/KCS Merger with Conditions and Extended Oversight Period (Mar. 15, 2023) Hosted by: Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP

In September 2023, the Federal Trade Commission and 17 states filed a massive, landmark antitrust lawsuit against Amazon, alleging that Amazon engaged in anti-competitive and unfair practices to expand and maintain an illegal monopoly in two online markets, the market for marketplace services, where sellers buy services from Amazon, and the consumer-facing market for online superstores. The complaint focuses on two main theories: anti-discounting and tying Prime eligibility to Amazon's fulfillment services. Adam Kovacevich, Founder and CEO of Chamber of Progress, speaks about the potential consequences of this suit for antitrust enforcement, consumers, and other companies. Tune in to find out more about the complaint, its potential consequences for antitrust enforcement, consumers, and other firms competing in the online marketplace. With special guest: Adam Kovacevich, Founder and CEO, Chamber of Progress Related Links: FTC Sues Amazon for Illegally Maintaining Monopoly Power Complaint Amazon: The FTC’s lawsuit against Amazon would lead to higher prices and slower deliveries for consumers—and hurt businesses Hosted by: Jana Seidl, Baker Botts LLP and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP

On this episode of Our Curious Amalgam podcast - a special collaboration with the Antitrust Law Section's Women.Connected Committee - we explore the prevalence of sexual harassment in the legal profession, why it persists, and the damage it causes. With expert insight from Jane Pigott, we learn why sexual harassment isn't just a women's issue, discuss the consequences for the organizations and individuals involved, and highlight available resources and tool kits as well as what else we can do as a community to implement changes going forward. Tune in to learn more and to be part of the effort to end this pressing issue. With special guest: Jane Pigott, R3 Group LLC Related Links: Women Lawyers on Guard, Still Broken: Sexual Harassment and Misconduct in the Legal Profession IBA, Bullying and Sexual Harassment in the Legal Profession National Women’s Law Center, #metoowhatnext: Strengthening Workplace Sexual Harassment Protections and Accountability Harvard Business Review, Why Sexual Harassment Programs Backfire And What to Do About it ABA Commission on Women in the Profession, Zero Tolerance Program Toolkit Forbes, ‘What Was He Thinking?’ Inside The Mind Of A Sexual Harasser Hosted by: Jana Seidl, Baker Botts LLP and Kellie Kemp, Co-Chair of Women.Connected

The European Union's Regulation on Foreign Subsidies Distorting the Internal Market is now in operation. What is happening in practice and how should companies prepare? Ulrich Soltész, partner at law firm Gleiss Lutz in Brussels, joins Matthew Hall and Derek Jackson to discuss the state of play under the FSR. Listen to this episode to learn more about the required notifications of certain mergers and public procurement procedures, ex officio investigations (including potentially into leading football/soccer teams), the substantive test, remedies, and the steps companies should be taking now to prepare. With special guest: Ulrich Soltész, Partner, Gleiss Lutz Related Links: European Commission website page for EU Foreign Subsidies Regulation Hosted by: Matthew Hall, Partner, McGuireWoods London LLP and Derek Jackson, Associate, Cohen & Gresser

The practice of personalized pricing has been empowered by advanced algorithms in the digital era. Relevant policy debates and lawsuits are on the rise in recent years in China. When is personalized pricing unlawful? Dr. Annie Xue, head of GEN Law Firm's compliance practice in China, joins Anora Wang and Lijun Zhang to discuss relevant policy debates and court litigations. Listen to this episode if you want to learn more about the legal framework, litigation landscape, and compliance tips involving personalized pricing in China. With special guest: Dr. Annie Xue, Partner, GEN Law Firm Related Links: European Parliament Study: Personalised pricing (2022) 消费者应该有多少数据控制权? How much data control should consumers have? (Lecture video attached) (2022) (Chinese text + English webinar) Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Lijun Zhang, Freshfields Bruckhaus Deringer LLP

Do AI algorithms have the ability to conspire and collude? Join us as we dive into the black box of algorithm pricing with Dr. Ai Deng, a principal in the consulting firm Charles River Associates. We will discuss the implications of AI technology on competition, two types of algorithmic collusion, and how AI approaches economic incentives. Don't miss this fascinating discussion about AI and pricing algorithms! With special guest: Dr. Ai Deng, Principal, Charles River Associates Related Links: Ai Deng, What Do We Know About Algorithmic Collusion Now? New Insights from the Latest Academic Research (2023) Ai Deng & Cristián Hernández, Algorithmic Pricing in Horizontal Merger Review: An Initial Assessment, Antitrust, Vol. 36, No. 2 (Spring 2022) Ai Deng, Algorithmic Collusion and Algorithmic Compliance: Risks and Opportunities, The Global Antitrust Institute Report on the Digital Economy 27 (2021) Las Vegas hotels accused of rental price conspiracy in class action, Reuters (Jan. 26, 2023) Algorithmic Price Fixing Leads to Antitrust Class Action Lawsuit, Natlawreview.com (Dec. 6, 2022) Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Panos Dimitrellos, Secretariat Economists

The podcast explores the debate around pharmacy benefit managers (PBMs) and their impact on drug prices. Professor Casey Mulligan discusses the unintended consequences of regulating PBMs and the importance of competition. The chapter also examines barriers to competition in the pharmaceutical industry and the role of the FDA. The hosts conclude with lighthearted conversation and a game.