For decades the FTC relied on its adjudicatory authority, applying its expertise on a case-by-case basis in administrative litigation, but now, FTC leadership seems to be shifting away from litigation to "legislative-style" rulemaking. What does that mean in practical terms? In this episode, co-hosts Jana Seidl and Alicia Downey speak with Adam White, a senior fellow at the American Enterprise Institute, and co-director of George Mason University's Gray Center for the Study of the Administrative State, about what FTC rulemaking looks like and what we can expect. Listen to this episode to learn more about how FTC rulemaking started, how it evolved, recent changes to the process, and where the FTC may be headed with rulemaking.

Related Links:

FTC - Statement of Regulatory Priorities (Dec. 10. 2021)

Executive Order on Promoting Competition in the American Economy (July 9, 2021)

FTC - A Brief Overview of the Federal Trade Commission's Investigative, Law Enforcement, and Rulemaking Authority (May 2021)

Hosted by:

Jana Seidl, Baker Botts LLP and Alicia Downey, Downey Law LLC

Global cartel enforcement saw a resurgence in 2021, but throughout the globe, we saw a continued focus on domestic matters. Do last year's developments tell us anything about the areas that are likely to come into focus in 2022? John Terzaken, Partner and Global Co-Chair of Simpson Thacher's Antitrust and Trade Regulation Practice, joins Matthew Hall and Jaclyn Phillips to discuss the rise in cartel enforcement activity and what trends to look out for in 2022. Listen to this episode to learn more about enforcement priorities that may be on the rise and whether we can expect to see the growing globalization of enforcement in 2022.

Related Links:

Simpson Thacher's 2022 Global Cartel Forecast

Hosted by:

Matthew Hall, Partner, McGuireWoods London LLP and Jaclyn Phillips, Associate, White & Case LLP

There is a lot going on in the European competition law world and the European Commission recently published a review bringing the strands together. What does the review tell us about likely changes and the direction of policy? Claire Jeffs, competition law partner at Slaughter and May, joins Matthew Hall and Jaclyn Phillips to discuss the various issues covered by the Competition Policy Review and what it means. Listen to this episode to learn more about the direction of EU competition law and policy including how it will work alongside the EU's key policy goals of the green and digital transitions.

Related Links:

European Commission EU Competition Policy Review November 2021 Hosted by:

Matthew Hall, partner, McGuireWoods London LLP, and Jaclyn Phillips, associate, White & Case LLP

It's unusual for a year to go by without the FTC challenging at least one contemplated or consummated hospital merger. What makes this area so ripe for antitrust scrutiny? Monica Noether, an economic expert in this area, joins Christina Ma and Elyse Dorsey to discuss this critical area of agency enforcement. Listen to this episode to hear more about how the agencies consider the costs—and potential benefits—of hospital mergers, and how changes driven by the COVID-19 pandemic, technological developments, and more are impacting this analysis.

Related Links:

Hospital Merger Benefits: Views from Hospital Leaders and Econometric Analysis by Monica Noether, Ph.D. and Sean May, Ph.D.

Hospital Merger Benefits: Views from Hospital Leaders and Econometric Analysis - American Hospital Association

Hosted by: Elyse Dorsey and Christina Ma

Big Tech is in the news as numerous federal and state lawsuits against "the big four" (aka GAFA), Microsoft and TikTok, are pending. But is more regulation needed? Luther Lowe of Yelp speaks with Melissa Maxman and Christina Ma to discuss the benefits of The American Innovation and Choice Online Act, S. 2992. Listen to this episode of Our Curious Amalgam to learn more about this bill and why proponents claim that comprehensive antitrust legislation is needed to restore competition and ensure small business owners have an opportunity to succeed.

Hosted by: Melissa Maxman, Partner, Cohen & Gresser LLP, and Christina Ma, Wachtell, Lipton, Rosen & Katz

There has been a lot of discussion recently about whether large platforms can favor themselves over potential competitors. Some of these discussions surround high-profile pending legislation seeking to rein in the self-preferencing tactics and policies of some of the biggest technology platforms in the world. But is it a good idea to eliminate self-preferencing by large platforms? Adam Kovacevich, founder and CEO of the Chamber of Progress, joins John Roberti and Sarah Zhang to discuss whether it is necessary to address self-preferencing behavior by big tech platforms. Listen to this episode to learn more from an expert who has thought extensively about these issues.

Related Links:

Chamber of Progress

Hosted by:

John Roberti and Sarah Zhang

Competition enforcement authorities all over the world are bringing cases and enforcing new rules against Google, and as different jurisdictions impose widely different penalties and restrictions, it's debatable whether those remedies have had the desired effects. So what are the best ways to address the perceived abuses of Google's dominance? Co-hosts Melissa Maxman and Alicia Downey get the answers from Megan Gray, the former General Counsel of one of Google's leading competitors, DuckDuckGo. Listen to this episode to learn more about the challenges that governments face in trying to address the competition and privacy issues raised by Google's dominance among search engines.

Related Links:

UK Competition and Markets Authority, "Online platforms and digital advertising," Market Study Final Report (July 1, 2020) Commission Decision of 18.7.2018 relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union (the Treaty) and Article 54 of the EEA Agreement (AT.40099 – Google Android) U.S. et al. v. Google LLC, Amended Complaint (Jan. 15, 2021) State of Colorado et al. v. Google LLC, Revised Partially Redacted Complaint (Jan. 4, 2021)

Hosted by:

Melissa Maxman, Partner, Cohen & Gresser LLP, and Alicia Downey, Downey Law LLC

Facebook is the leading social network in the UK, as elsewhere. But has it unfairly treated its UK users? Dr. Liza Lovdahl Gormsen, competition law academic and practitioner, joins Matthew Hall and John Roberti to discuss her class action claim in the UK which seeks multi-billion pound damages from Facebook/Meta. Listen to this episode to learn more about the history and basis of the claim, what is alleged, how it is funded, and what it is like to be a class representative.

Related Links:

Legal team press release UK Facebook claim website Dr Gormsen profile Facebook Germany decision (Federal Cartel Office)

Hosted by:

Matthew Hall, partner, McGuireWoods London LLP, London and John Roberti, partner, Allen & Overy, Washington DC

Antitrust enforcers, academics, and politicians are embroiled in a debate over whether the consumer welfare standard is the right policy for antitrust enforcement in the U.S. What are they fighting about and why does it matter? In this episode, we talk to Fiona Schaeffer and Ilana Kattan, two prominent antitrust practitioners and leaders in the ABA Antitrust Law Section, about what the consumer welfare standard is, and why it is the subject of intense debate in the US and globally. Listen to this episode to learn how the outcome of that debate will have significant ramifications for business conduct, mergers, and the U.S. economy as a whole.

Related Links:

Watch the Antitrust Law Section's "hot tub" debate about the consumer welfare standard! Livestream at 12 noon Eastern Standard Time on February 10, 2022, and on demand at the Section's YouTube channel.

Hosted by:

Alicia Downey, Downey Law LLC and Sergei Zaslavsky, Partner, O'Melveny & Myers LLP

The U.S. economy has seen a consumer price index increase of 7% in 2021, the largest 12-month gain since June 1982. But should antitrust be used as a tool to combat inflation? Josh Wright and Hal Singer, holding opposite views, debate, explain and answer questions from a live audience ranging from costs and benefits to theories and facts. Listen to this episode recorded live in George Mason law school, co-hosted by Anora Wang and Jana Seidl, and learn what key considerations go into this timely discussion.

Related Links:

Noah Phillips & Joshua Wright, As Inflation Rises, Antitrust 'Reformers' Target Lower Prices (2021)

Steven Salop & Fiona Scott Morton, The 2010 HMGs Ten Years Later: Where Do We Go From Here? (2020)

Hosted by:

Anora Wang, Arnold & Porter and Jana Seidl, Baker Botts