Our Curious Amalgam - American Bar Association

Latest Episodes:

#237 Should We Bank on Changes? A Conversation About Bank Merger Policy Sep 04, 2023

Show notes

Bank failures in 2023 led to renewed interest in bank consolidation and debate over the role of antitrust in bank policy. But does this mean we can expect the DOJ Antitrust Division to change the way they are approaching bank mergers? Damian Didden, Partner at Wachtell, joins Jaclyn Phillips and Sergei Zaslavsky to explain the debate about bank consolidation and what we can glean from the Antitrust Division's statements about its approach to bank merger review. Tune in to learn more about whether you can bank on changes in this space.

With special guest:

Damian Didden, Partner, Wachtell, Lipton, Rosen & Katz

Wachtell Lipton Criticizes Putting Politics in Bank Merger Antitrust Policy

Hosted by:

Jaclyn Phillips, White & Case LLP and Sergei Zaslavsky, O'Melveny & Myers

#236 What Is PE Anyway? All the Questions You Were Afraid To Ask About Private Equity Aug 28, 2023

Show notes

Private equity has been in the hot seat at the Federal Trade Commission and the Antitrust Division lately. Both agencies have increasingly expressed skepticism regarding PE buyers and owners, and have devoted more resources to investigating matters where PE parties are involved. But what exactly is PE? And how does it fit into the antitrust regulatory landscape? In this episode, co-hosts Elyse Dorsey and Jana Seidl speak with Sarahi Constantine Padilla, Senior Counsel at Warburg Pincus, about all-things private equity—and ask all the burning questions you might have been afraid to ask.

With special guest:

Sarahi Constantine Padilla, Senior Counsel at Warburg Pincus

FTC's Khan puts private equity 'on notice' that roll-up strategies could be illegal

Chair Lina Khan, Memorandum to Commission Staff and Commissioners

Hosted by:

Elyse Dorsey, Kirkland & Ellis LLP and Jana Seidl, Baker Botts LLP

#235 Win, Lose, or Draw? A Decade of Pharma Antitrust Since FTC vs. Actavis Aug 21, 2023

Show notes

Ten years ago, the U.S. Supreme Court issued its 5-3 decision in FTC v. Actavis, which held that the rule of reason should govern so-called "pay-for-delay" patent litigation settlement agreements between brand name and generic pharmaceutical manufacturers. In this episode, hosts Aaron Yeater and Alicia Downey talk to Kristen O'Shaughnessy and Dan Grossbaum about how the decision has shaped litigation in the years since and its implications for antitrust challenges in other industries. Listen to this episode to learn about the impact of the Actavis decision in the past ten years and in the future.

With special guests:

Kristen O'Shaughnessy, Partner, White & Case and Daniel Grossbaum, Associate, White & Case

Hosted by:

Alicia Downey, Principal, Downey Law LLC and Aaron Yeater, Managing Principal, Analysis Group

#234 What About Small Tech? Democratizing Employment Data Aug 14, 2023

Show notes

Employment data is a critical component of the financial ecosystem—it's required documentation if you want to rent or buy a home, purchase a car, apply for a new job, or get a loan. As digital technology is transforming the manner in which payroll information is collected and leveraged, we're faced with important questions, the answers to which will shape the framework going forward. In this episode, we speak with Nick Lawson, General Counsel at Argyle, about all things employment data, including the current framework, what's happening with the CFPB's rulemaking on personal financial data rights, and predictions for what might be ahead.

With special guest:

Nicholas Lawson, General Counsel, Argyle Systems Inc.

Argyle - Let's Make Consumer Permissions Fundamental to Payroll Data

Hosted by:

Jana Seidl, Senior Associate, Baker Botts LLP and Elyse Dorsey, Partner, Kirkland & Ellis LLP

#233 What Are the Thoughts Behind the Changes? Draft DOJ-FTC Merger Guidelines Explained by DOJ DAAGs Aug 07, 2023

Show notes

On July 19, 2023, the U.S. Department of Justice's Antitrust Division and the Federal Trade Commission issued the long-awaited draft Merger Guidelines. How should you approach the draft guidelines? The DOJ Antitrust Division's Deputy Assistant Attorney Generals Andy Forman and Michael Kades speak with Melissa Maxman and Anora Wang about the background, guiding principles, and some specific languages. Listen and engage in the constructive process of commenting on the guidelines.

With special guests:

Andrew Forman, Deputy Assistant Attorney General for the Antitrust Division, U.S. Department of Justice and Michael Kades, Deputy Assistant Attorney General for the Antitrust Division, U.S. Department of Justice

Hosted by:

Melissa Maxman, Cohen & Gresser LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP

#232 Never a Dull Moment In Antitrust? Conversation With Judge Douglas Ginsburg Jul 31, 2023

Show notes

Antitrust cases are often complex and technical, which invites suspicion that such cases should be decided by specialists rather than generalist judges. Would a judge who is truly an antitrust expert think the same? The honorable Judge Douglas Ginsburg of the U.S. Court of Appeals for the District of Columbia Circuit, speaks with Melissa Maxman and Anora Wang with the utmost candor and (at times) unexpected humor reflecting his decades of experiences, observations, and scholarship.

With special guests:

Judge Douglas Ginsburg, U.S. Court of Appeals for the District of Columbia Circuit

Antitrust Courts: Specialists versus Generalists, 36 FORDHAM INT'L. L.J. 788 (2013) (with Joshua D. Wright) - alternate location

Hosted by:

Melissa Maxman, Cohen & Gresser LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP

#231 What's Happening in MENA? Trends and Developments in Middle East and Egyptian Antitrust Jul 24, 2023

Show notes

Merger control and antitrust enforcement continues to expand around the world. Is MENA ahead of or behind the curve? Nicolas Bremer, partner at law firm Bremer, joins Matthew Hall and Jeny Maier to discuss developments in Egypt, Saudi Arabia and Kuwait. Listen to this episode to learn more about merger control and antitrust rules in those jurisdictions and gain practical knowledge of how the regimes really work there.

With special guest:

Nicolas Bremer, Partner, Bremer

Related Links:

Bremer law firm resources

Hosted by:

Matthew Hall, partner, McGuireWoods London LLP and Jeny Maier, partner, Axinn, Veltrop & Harkrider LLP

#230 Will That Be Cash or Credit? Swipe Fees and Their Critics Jul 17, 2023

Show notes

The credit card industry has been the subject of increased antitrust scrutiny in recent years, even as consumer understanding of its inner workings remains low. But how did the American credit card system come to be, and are there changes for it on the horizon? Doug Kantor, General Counsel of the National Association of Convenience Stores, speaks with Christina Ma and Matt Reynolds about the history of credit and debit card payment systems, the "swipe fees" on which those systems are built, and the justifications offered over the years for those fees. Tune in to learn more about the development of card payment systems in the United States and the antitrust considerations that continue to influence their development even today.

With special guest:

Doug Kantor, General Counsel, National Association of Convenience Stores

Hosted by:

Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Matthew Reynolds, Partner, Huth Reynolds LLP

#229 What's Happening in the EU? A Conversation with DG COMP Director-General Olivier Guersent at the 2023 Spring Meeting Jul 10, 2023

Show notes

The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with competition law enforcers from around the world. In this episode, host Matthew Hall asks Olivier Guersent, Director-General of the Directorate-General for Competition of the European Commission (DG COMP), about what's been happening in the European Union since we interviewed him at the 2022 Spring Meeting. Listen and learn about DG COMP's current work, the most important anticipated developments of 2023, and what competition law policy and enforcement trends the Director-General sees on the horizon.

With special guest:

Olivier Guersent, Director-General, DG COMP, European Commission

Hosted by:

Alicia Downey, Downey Law LLC and Matthew Hall, McGuireWoods London LLP

#228 What's Happening in Canada, Brazil, and Taiwan? Conversations With Competition Law Enforcers at the 2023 Spring Meeting Jul 03, 2023

Show notes

The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world. In this episode, we ask Matthew Boswell, Commissioner of the Canadian Competition Bureau, Alexandre Cordeiro Macedo, President of CADE in Brazil, and Dr. Chih-Min (Andy) Chen, Vice Chairperson of the Taiwan Fair Trade Commission, about their respective agencies' enforcement priorities, what trends they see on the horizon, and what advocates with matters before their agencies should do to be most effective. As a bonus, listeners will also get to know our distinguished guests a little better on a personal level.

With special guests:

Matthew Boswell, Commissioner of Competition, Competition Bureau Canada, Alexandre Cordeiro Macedo, President, Conselho Administrativo de Defesa Econômica (CADE), and Dr. Chih-Min (Andy) Chen, Vice Chairperson, Taiwan Fair Trade Commission

Hosted by:

Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP

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