145 episodes

Our Curious Amalgam explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in those areas. It is an amalgam because it is a group of diverse topics all in one place. It is curious because it gets the experts and asks them in-depth questions.

Our Curious Amalgam American Bar Association

    • Government
    • 4.7 • 41 Ratings

Our Curious Amalgam explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in those areas. It is an amalgam because it is a group of diverse topics all in one place. It is curious because it gets the experts and asks them in-depth questions.

    Does U.S. Bank Merger Enforcement Need To Be Revitalized? A Conversation With David Neill

    Does U.S. Bank Merger Enforcement Need To Be Revitalized? A Conversation With David Neill

    U.S. bank mergers are on the rise and so are claims that agencies “rubber stamp” merger applications and need stricter standards. But seen through the history of U.S. banking, does the existing merger review of bank mergers actually need reform? David Neill, Of Counsel at Wachtell, Lipton, Rosen & Katz and a leading bank merger practitioner, speaks with Anora Wang and Christina Ma on whether modernization is needed or not. Listen to this episode to learn about U.S. bank merger reviews.
    Related Links:
    Revising The Bank Merger Guidelines Part I, The Banking Law Journal (Jan. 2021)
    Revising The Bank Merger Guidelines Part II, The Banking Law Journal (Feb. 2021)
    Keep Politics Out of Bank Merger Antitrust Policy, Columbia Law School Blue Sky Blog (August 12, 2021)
    Hosted by:
    Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz

    • 27 min
    Where is the BCP Headed? Consumer Protection in the Biden Administration.

    Where is the BCP Headed? Consumer Protection in the Biden Administration.

    The Federal Trade Commission Bureau of Consumer Protection (BCP) has utilized a variety of tools over the years to advance its goal of stopping unfair, deceptive, and fraudulent business practices. What approaches and policies are we seeing at the FTC under the Biden Administration when it comes to consumer protection? Former BCP Acting Director Daniel Kaufman joins John Roberti and Kayla Odom to discuss the FTC's approach to enforcement and policymaking in the consumer protection space in recent years. Listen in for an inside scoop on the processes of the BPC and what we might expect to see under the Biden Administration.
    Related Links:
    Federal Trade Commission, Notices of Penalty Offenses
    Enforcement Policy Statement Regarding Negative Option Marketing, Nov. 4, 2021


    Hosted by:
    John Roberti, Allen & Overy LLP and Kayla Odom, Freitas & Weinberg LLP

    • 36 min
    A Power Grab Too Far? The European Commission Extends Its Merger Control Reach.

    A Power Grab Too Far? The European Commission Extends Its Merger Control Reach.

    Illumina's acquisition of GRAIL is the first deal caught by the European Commission's reinterpretation of its jurisdictional reach under the EU merger control laws. Why is it so controversial and what are the broader implications? Salomé Cisnal de Ugarte, partner at law firm King & Spalding in Brussels, joins Christina Ma and Matthew Hall to discuss the Commission's jurisdictional grab under Article 22 of the EU Merger Regulation, which other deals might be affected and the practical implications for dealmakers. Listen to this episode to learn more about this new uncertainty in merger control in the EU and how to identify and mitigate the risk.
    Related Links:
    European Commission Guidance on the application of Article 22 of the EU Merger Regulation to certain cases (March 2021)
    European Commission case page Illumina/GRAIL merger investigation
    European Commission case page Illumina/GRAIL interim measures
    Hosted by:
    Christina Ma, partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, partner, McGuireWoods London LLP

    • 33 min
    Do All the Bids Look the Same? Investigations by DOJ's Procurement Collusion Strike Force and the FBI

    Do All the Bids Look the Same? Investigations by DOJ's Procurement Collusion Strike Force and the FBI

    The DOJ, FBI, and other enforcement partners have announced DOJ's Procurement Collusion Strike Force to combat antitrust crimes in government procurement at a national level. How does the government detect and investigate these crimes and who are the prosecutors and FBI agents that work these cases? DOJ Strike Force Director Daniel Glad and Supervisory Special Agent Kelvin Ortiz join John Roberti and Wendy Huang Waszmer to discuss the government's effort on a national level to combat collusion, antitrust crimes and related fraudulent schemes. Listen to this episode to learn more about the DOJ's Strike Force and the crimes being investigated and prosecuted
    Related Links:
    FBI Tips
    Procurement Collusion Strike Force Page
    FBI's International Public Corruption Page
    Dan Glad speech to the ABA’s Section of Public Contract Law about the PCSF: The Procurement Collusion Strike Force: A Whole-of-Government Approach to Combating a Whole-of-Government Problem
    A quick summary of the per se violations and red flags: Price Fixing, Bid Rigging, and Market Allocation Schemes: What They Are and What to Look For 
    The criminal enforcement program’s public page: Criminal Enforcement 
    The Antitrust Division’s Leniency Program: Leniency Program
    The new compliance policy: Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations 
    Criminal Antitrust Anti-Retaliation Act (“CAARA”), 15 U.S.C. § 7a-3, full text: Criminal Antitrust Anti-Retaliation Act (CAARA) | Whistleblower Protection Program
    Hosted by:
    Wendy Huang Waszmer and John Roberti

    • 44 min
    Why Choose One? Antitrust as an Enforcement Tool for Financial Services

    Why Choose One? Antitrust as an Enforcement Tool for Financial Services

    Prosecutors investigating misconduct among financial institutions have in the past considered both antitrust and fraud theories in prosecuting claims. But is antitrust law the right tool (or is it a better tool)? Benjamin Sirota joins Jana Seidl and John Roberti to discuss lessons learned from the DOJ's LIBOR and FX prosecutions - the first in terms of close cooperation between fraud and antitrust prosecutors - and predictions for what we may see next. Listen to this episode to learn more about the history of applying antitrust to financial services and how antitrust may fit in future cases involving financial services companies.
    Related Links:
    https://www.justice.gov/opa/speech/deputy-assistant-attorney-general-michael-murray-delivers-remarks-university-michigan-law
    https://www.justice.gov/opa/speech/file/1310506/download
    https://www.justice.gov/opa/pr/justice-department-s-antitrust-division-and-securities-and-exchange-commission-sign-historic
    https://www.justice.gov/opa/pr/justice-department-joins-computational-antitrust-project-stanford-law-school
    Hosted by:
    John Roberti, Partner, Allen & Overy LLP and Jana Seidl, Senior Associate, Baker Botts LLP

    • 30 min
    Should Congress Enact Federal Data Privacy Legislation? The Case for a National Consumer Data Protection and Enforcement Regime

    Should Congress Enact Federal Data Privacy Legislation? The Case for a National Consumer Data Protection and Enforcement Regime

    As millions of consumers around the world interact daily with online businesses and social media platforms, the call for Congress to enact enhanced data privacy and security laws at the federal level has grown louder. How far should federal legislation go in preempting the emerging patchwork of state data privacy laws? In this episode, hosts Alicia Downey and John Roberti talk with Maureen Ohlhausen, former Acting Chairman of the FTC, about whether comprehensive federal data privacy legislation is a better approach to regulating the collection, use, and sharing of consumers’ personal data. Listen to this episode to learn more about the FTC's role in enforcing existing consumer data privacy laws and the key differences among the current proposals for broader federal legislation.
    Related Links:
    July 28, 2021 Press Release, Senate Committee on Commerce, Science, and Transportation
    September 29, 2021, Senate Hearing on Protecting Consumer Privacy, on C-Span
    Congress Should Enact a National, Comprehensive Consumer Privacy Framework, Testimony of Maureen K. Ohlhausen, Former Acting Chair of the Federal Trade Commission, before the Senate Committee on Commerce, Science, and Transportation (September 29, 2021)
    Maureen K. Ohlhausen, Matthew R. Baker, & Jonathan J. Duzak-Forestier, A Once and Future Federal Privacy Law?, The Antitrust Source (April 2020)
    Hosted by:
    Alicia Downey, Downey Law LLC and John Roberti, Allen & Overy LLP

    • 30 min

Customer Reviews

4.7 out of 5
41 Ratings

41 Ratings

Lisa Danzig ,

Great

Interesting topics. The hosts are funny. I hope this podcast sticks around!

Austin flake ,

Do not write as you record

I’m not sure if you’re aware, but your pencil comes through very clearly and annoyingly as your guest is speaking. Fan of what y’all are doing, as a whole.

Curio25 ,

So-so

Interesting topics, but needs better interviewers. The interviewers sound awkward and don’t ask very good questions. They rarely press the speaker with anything challenging.

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