New disclosure requirements for U.S. premerger notifications under the Hart-Scott-Rodino Act were announced in the fall of 2024 and became effective in February 2025. What are the practical implications of the new requirements for in-house counsel tasked with preparing for an HSR filing? In this episode, Matt Bester and Paul Covaleski of Accenture LLP talk to Alicia Downey and Matt Tabas about some concrete suggestions for accurately and cost-effectively identifying and assembling the newly-required information and documents. Listen and learn some tips that will be useful not only for in-house counsel but also outside counsel and firms of all sizes involved in reportable transactions.

With special guests:

Matthew J. Bester, Director of Competition Law, Accenture LLP and Paul Covaleski, Antitrust and Competition Counsel, Accenture LLP

Related Links:

Matthew J. Bester & Paul Covaleski, "A Practical Guide to the New HSR Form For In-House Counsel," Business Law Today (ABA Business Law Section, Mar. 27, 2025) Our Curious Amalgam Episode #297: "HSR You Kidding Me? Unpacking the New Requirements for Merging Parties in the U.S." (Oct. 28, 2024)

Hosted by:

Alicia Downey, Downey Law LLC and Matt Tabas, Arnold & Porter Kaye Scholer LLP

Market definition plays a central role in antitrust analysis. Is it appropriate for the U.S. antitrust agencies to identify "overlapping markets" and "submarkets" as relevant markets for antitrust purposes? Keith Klovers, Counsel at Latham & Watkins and former advisor to FTC commissioners Christine S. Wilson and Maureen K. Ohlhausen, talks to Blair Matthews and Anora Wang about why, in his view, the concepts of overlapping markets and submarkets are unsupported by judicial law and economics. Listen to this episode to learn about the alternative approach to market definition that Keith and other practitioners believe are better suited for antitrust analysis.

With special guest:

Keith Klovers, Counsel, Latham & Watkins LLP

Related Links:

Keith Klovers & Jonathan Jacobson, The Overlapping Markets Fallacy, 86 Antitrust Law Journal No. 2 (ABA 2024)

Hosted by:

Anora Wang, Arnold & Porter Kaye Scholer LLP and Blair West Matthews, Cleary Gottlieb

Cartel enforcement remains a priority for agencies around the world, but in recent years enforcers have continued to focus on domestic cases. With political and personnel changes in the U.S. and across the globe, what can we expect in 2025 and beyond? John Terzaken, Partner and Global Co-Chair of Simpson Thacher’s Antitrust and Trade Regulation Practice, joins James Hunsberger and Jaclyn Phillips to discuss his latest cartel enforcement forecast and what has changed since his 2022 forecast. Listen to this episode to learn more about likely enforcement priorities from the Trump DOJ and global agencies, including AI, ESG, labor markets, and public procurement.

With special guest:

John Terzaken, Partner, Simpson Thacher & Bartlett LLP

Related Links:

Simpson Thacher's 2025 Global Cartel Forecast

Our Curious Amalgam #160: What in the World Is Happening With Antitrust Enforcement? Antitrust Cartel Enforcement’s Return to Global Scale in 2022

Hosted by:

James Hunsberger, Axinn, Veltrop & Harkrider LLP and Jaclyn Phillips, White & Case LLP

The AI revolution has arrived, with the recent debut of Chinese AI bot DeepSeek confirming that this is a global market. But what are the data privacy implications of the massive amounts of personal data that companies are collecting to train and deploy their AI models? Rory Macmillan, an expert in data protection and privacy law, joins Alicia Downey and Derek Jackson to discuss recent investigations by European enforcers into artificial intelligence companies. Listen to this episode to learn more about the analysis of AI under the GDPR and the issues that European regulators are grappling with.

With special guest:

Rory Macmillan, Partner, Macmillan Keck

Related Links:

European Data Protection Board Opinion on Privacy and AI Models: 

Hosted by:

Alicia Downey, Downey Law LLC and Derek Jackson, Cohen & Gresser LLP

Millions of us use mobile apps to help manage our physical and mental health and wellbeing. How well does existing law protect the private health data collected by these apps? In this episode, hosts Alicia Downey and Kelsey Paine talk to privacy and cybersecurity law expert David Turetsky about the issues posed by healthcare apps that collect sensitive data relating to a user's mental health, reproductive cycle, dietary habits, or fitness, to name only a few examples. Listen and catch up on U.S. federal and state enforcement challenges to app companies that engage in the unauthorized disclosure of personal health data, and how a changing legal landscape may be posing an increased threat to health data privacy rights.

With special guest:

David Turetsky, Professor of Practice, College of Emergency Preparedness, Homeland Security and Cybersecurity, SUNY Albany

Related Links:

David Turetsky, "Health Privacy: Identifying Some Key Issues" (Feb. 6, 2025)

Hosted by:

Alicia Downey, Downey Law LLC and Kelsey Paine, Baker Botts LLP

Private class action lawsuits play a significant role in the vindication and development of U.S. antitrust law. But what are attorneys and courts to do when they know there's an injured class, but are not quite sure who's in it and who's not? Tram Nguyen, Ph.D., an economist and Managing Principal at Edgeworth Economics, joins Alicia Downey and Matt Reynolds to discuss how economic analysis can help overcome issues with ascertaining class membership, particularly in the context of the pharmaceutical industry. Listen to this episode to learn more about not only the "ascertainability" requirement in class action litigation but also Tram's favorite beach destinations.

With special guest:

Tram Nguyen, Ph.D., Managing Principal, Edgeworth Economics

Related Links:

George Korenko & Tram Nguyen, Finding Uninjured Consumers In Drug Antitrust Class Actions 

George Korenko & Tram Nguyen, Lamictal and the Myth of “Generic” “Pay-for-Delay” Cases 

George Korenko & Tram Nguyen, Don’t Count Out Numerosity 

Hosted by:

Matthew Reynolds, Huth Reynolds LLP and Alicia Downey, Downey Law LLC

Private antitrust litigation has long been part of the landscape in China. What will be the impact of the Supreme People's Court latest judicial interpretation on the issue? Susan (Xuanfeng) Ning, lawyer at King & Wood Mallesons in Beijing, joins Matthew Hall and Anora Wang to discuss the background to the judicial interpretation and its likely consequences. Listen to this episode to learn more about this important development in Chinese antitrust law and practice.

With special guest:

Susan (Xuanfeng) Ning, lawyer, King & Wood Mallesons

Related Links:

• King & Wood Mallesons article, "Interpretations of the "New AML": New Laws and New Challenges", July 2022
• King & Wood Mallesons article, "Navigating through the PRC Private Antitrust Litigation - Highlights of the Judicial Interpretation on the PRC Private Antitrust Litigation issued by the Supreme People’s Court", December 2024
• King & Wood Mallesons article, "Navigating China's Evolving Antitrust Litigation Landscape: Key Insights and Future Outlook", February 2025
• PRC State Council Information Office press release, "China's top court releases judicial explanation on anti-monopoly litigation", June 2024 litigation
• PRC Supreme People's Court press release, "SPC issues new anti-monopoly judicial interpretation", June 2024

Hosted by:

Matthew Hall, McGuireWoods London LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP

When it comes to your health, having digitized information available for seamless sharing across multiple healthcare providers and other stakeholders -- including patients themselves -- is a clear benefit. But can certain actors disrupt the goal of interoperability? David Schwartz, a healthcare-focused antitrust lawyer, joins Jeny Maier and Matt Tabas to introduce us to the challenge of healthcare information blocking and what avenues are available to enforcers to address this behavior. Listen to this episode if you're curious about how competition law principles play a part in ensuring that patients receive more effective care through seamless exchange of electronic medical records.

With special guest:

David Schwartz, Partner, Bryan Cave Leighton Paisner

Related Links:

Everson J, Patel V, Adler-Milstein J., Information blocking remains prevalent at the start of 21st Century Cures Act: results from a survey of health information exchange organizations

2015 Information Blocking Report 

HHS Assistant Secretary for Technology Policy (a/k/a the Office of National Coordinator) webpage on information blocking

HHS ASTP/ONC webpage on information blocking exceptions

Hosted by:

Jeny Maier, Axinn, Veltrop & Harkrider LLP and Matt Tabas, Arnold & Porter Kaye Scholer LLP

How is the European Commission rethinking its approach to competition policy and enforcement as new leadership takes the helm, including the appointment of Spain's Teresa Ribera as the European Commissioner for Competition? Alicia Downey and Subrata Bhattacharjee talk to John Davies, Senior Advisor at the Brunswick Group, about the changing landscape of EU competition policy and its implications for merger investigations and other proceedings. Listen to this episode to hear what effect these policy changes may have on firms in and outside the EU, and why the Scarlets are John's favorite Welsh rugby team.

With special guest:

John Davies, Senior Advisor, Brunswick Group LLP

Related Links:

John Davies et al., EU Merger Control - A New Era? (Brunswick Group Nov. 2024) - Upload attached article

Ursula von der Leyen, Mission Letter addressed to Teresa Ribera Rodriguez (EC Sept. 17, 2024) Mario Draghi, The future of European competitiveness Part A, A competitiveness strategy for Europe (EC Sept. 2024)

Mario Draghi, The future of European competitiveness Part B, In-depth analysis and recommendations (EC Sept. 2024)

Hosted by:

Alicia Downey, Downey Law LLC and Subrata Bhattacharjee, Borden Ladner Gervais LLP

The independent Mexican competition law regulator, COFECE, has been abolished and absorbed into the Ministry of Economics. What does this mean for merger control and competition law enforcement in Mexico? Lucia Ojeda Cárdenas, lawyer at SAI Law & Economics in Mexico City, joins Matthew Hall and Subrata Bhattacharjee to discuss this dramatic reform to the Constitution of Mexico. Listen to this episode to learn more about the timing of the changes, the structure of the new agency and implications for Mexican and foreign companies operating in the country.

With special guest:

Lucia Ojeda Cárdenas, partner, SAI Law & Economics

 Related Links:

SAI memo November 2024, Bill to eliminate various autonomous constitutional agencies, including COFECE

COFECE press release November 2024, Position regarding the approval of the reform on organic simplification

COFECE position paper regarding the reform

COFECE position paper regarding the transition to the new competition authority

IFT position paper regarding the reform 

IFT position paper regarding the budget assigned by Congress 

Congress of the Union, Decree whereby various provisions of the Political Constitution of the United Mexican States are reformed, added, and repealed, in organic simplification matters

Hosted by:

Matthew Hall, McGuireWoods London LLP and Subrata Bhattacharjee, Borden Ladner Gervais LLP