The Robinson-Patman Act (RPA) has a long, controversial history within U.S. antitrust law and economics. In this episode, Mark Poe, an attorney who specializes in RPA litigation, discusses the RPA with hosts Puja Patel and Aaron Yeater. Mark and the hosts explore Mark's view that traditional critics of RPA are incorrect, which he first presented in a recent article in Antitrust Magazine.

With special guest:

Mark Poe, Partner, Gaw Poe LLP

Related Links:

Mark Poe

The Critics Are Wrong: How the Robinson-Patman Act Has Been Misunderstood by Detractors

Hosted by:

Puja Patel, A&O Shearman US LLP and Aaron Yeater, Analysis Group, Inc.

The U.S. passenger airlines have been active in mergers and acquisitions since last year or so, with the Alaska/Hawaiian acquisition, the failed JetBlue/Spirit merger, and more being proposed. But how are these deals and airline competition in general analyzed from an economic perspective? Dr. Gautam Gowrisankaran, Professor of Economics at Columbia University and Senior Advisor at Cornerstone Research, speaks with Anora Wang and Kelsey Paine on market definition, calculation of market share, entry, and beyond. Listen to this episode to learn how economic analyses lay out in specific airline transactions.

With special guest:

Dr. Gautam Gowrisankaran, Professor of Economics, Columbia University; Senior Advisor; Cornerstone Research

 Related Links:

Chris Bruegge, Gautam Gowrisankaran, & Alex Gross, A Policy Function Approach to Price Effects: an Application to the JetBlue-Spirit Merger (Nov. 13, 2024)

Hosted by:

Anora Wang, Arnold & Porter Kaye Scholer LLP and Kelsey Paine, Baker Botts LLP

The U.S. passenger airlines have seen waves of active mergers and acquisitions including in 2009 through 2013 and again recently since 2023. But who is involved in the legal and regulatory reviews of an airline merger? Courtney Dyer of O'Melveny and David Heffernan of Cozen O'Connor, both with extensive experiences guiding airlines through regulatory processes, speak to Kelsey Paine and Anora Wang about their deal experiences and insights. Listen to learn about origin-destination pair, route overlap, recent matters including the Alaska Airlines' acquisition of Hawaiian Airlines completed in September 2024, and beyond.

With special guests:

Courtney Dyer, Partner, O'Melveny & Myers LLP and David Heffernan, Chair of Transportation & Trade, Cozen O'Connor P.C.

Related Links:

1. DOJ Press Release Regarding DOJ-DOT Joint Inquiry into the State of Competition in Air Travel (Oct. 24, 2024)

2. DOT Press Release Regarding Alaska/Hawaiian (Sept. 17, 2024)

3. DOJ Press Release Regarding JetBlue/Spirit (Mar. 4, 2024)

Hosted by:

Kelsey Paine, Baker Botts LLP and Anora Wang, Arnold & Porter Kaye Scholer LLP

On the occasion of Lesley Fair's retirement after 37 years in the Bureau of Consumer Protection at the Federal Trade Commission, she returns to Our Curious Amalgam to talk with co-hosts Alicia Downey and Jaclyn Phillips about some of the highlights of her illustrious career. Lesley has been described as “the voice of the FTC,” with a unique ability to translate the agency’s work into plain English. Listen to this episode to learn about Lesley's contributions to the evolution of U.S. consumer protection law, as well as her work with the Antitrust Law Section's Janet Steiger Fellowship program to encourage law students to follow her footsteps to rewarding careers in government service.

With special guest:

Lesley Fair, Former Senior Attorney, U.S. Federal Trade Commission

Related Links:

• Federal Trade Commission Business Blog
• FTC Consumer Advice webpage
• Janet Steiger Fellowship Project
• Our Curious Amalgam, Episode #28 "Why All is Not Fair? Four Tips for Complying with Established FTC Advertising Principles (Feb. 2020)

Hosted by:

Alicia Downey, Downey Law LLC and Jaclyn Phillips, White & Case LLP

Significant changes to the Indian merger control regime came into effect in September 2024. But what has happened? Nisha Kaur Uberoi, partner at JSA law firm in Mumbai, joins Puja Patel and Matthew Hall to discuss the changes and their likely practical impact on transactions affecting India. Listen to this episode to learn more about the changes including the new deal value threshold, the codification of the material influence test for control, new timelines and procedure and the impact of new definitions on the use of the Green Channel route for approval.

With special guest:

Nisha Kaur Uberoi, partner, JSA advocates & solicitors

Related Links:

• JSA article, "What the overhaul of India’s merger control regime means", 24 September 2024
• India Competition Act, 2002
• Competition Amendment Act, 2023
• Competition Commission of India (Combinations) Regulations, 2024
• Competition (Criteria for Exemption of Combinations) Rules, 2024 
• Notifications of the changes

Hosted by:

Puja Patel, A&O Shearman US LLP and Matthew Hall, McGuireWoods London LLP

Over a year after the FTC and DOJ first announced changes to the premerger notification form and associated rules under the Hart-Scott-Rodino Act, the final rules were released in October 2024. What do these new HSR rules mean in practice for parties to transactions that must make an HSR filing? Daniel Rosenthal, Special Counsel at Milbank, joins hosts Jaclyn Phillips and Matt Tabas to discuss these changes in detail. Listen to this episode to learn more about what has changed, what hasn't, and how you can start to prepare.

With special guest:

Daniel J. Rosenthal, Special Counsel, Milbank LLP

Related Links:

The New HSR Form Is Here 

Hosted by:

Jaclyn Phillips, White & Case LLP and Matt Tabas, Arnold & Porter Kaye Scholer LLP

Can competition law save humanity? Over the past two years, Fiona Schaeffer has spurred on the lawyers, regulators, and economists of the ABA Antitrust Law Section to examine the role that antitrust law has, or potentially will have, in dealing with the existential challenges posed by climate change and the rise of artificial intelligence. In this episode, co-hosts Alicia Downey and Anora Wang talk with Fiona about why she chose to focus attention on these two issues during her recent term as Section Chair, and the insights that listeners should take away from the Section's work to date.

With special guest:

Fiona Schaeffer, Milbank LLP

Related Links:

• Joint Section Comments on the Canadian Competition Bureau’s Discussion Paper on Artificial Intelligence and Competition (July 9, 2024)
• Report on Competition Law and Sustainability to the JFTC by the International Comments and Policy Committee (March 18, 2024)
• Joint Section Comments on the European Commission’s Consultation on Generative AI (March 6, 2024)

Hosted by:

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

The European Commission's attempt to claim jurisdiction under the EU merger rules over Illumina's acquisition of GRAIL ultimately resulted in a stinging court defeat for the regulator. But why did it lose and what will happen now to merger reviews of "below threshold" transactions in the EU? Nicole Kar, partner at Paul, Weiss in London, joins Matthew Hall and James Hunsberger to discuss the Commission's 2021 re-interpretation of its powers under Article 22 of the EU Merger Regulation, the European Court of Justice judgment striking that down and the alternative avenues for the Commission or EU countries to claim jurisdiction over killer and reverse killer transactions. Listen to this episode to learn more about how to analyse the risk and practical steps to take in relation to these transactions.

With special guest:

Nicole Kar, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP

Related Links:

• European Commission March 2021 guidance on use of Article 22 of the EU Merger Regulation
• European Commission FAQ on March 2021 Article 22 guidance
• General Court judgment 13 July 2022 on application of Article 22 by European Commission in Illumina/GRAIL
• Advocate General opinion 21 March 2024 on application of Article 22 by European Commission in Illumina/GRAIL
• European Court of Justice judgment 3 September 2024 on application of Article 22 by European Commission in Illumina/GRAIL
• Paul, Weiss, Rifkind, Wharton & Garrison LLP Client Memorandum "Mind the Gap: ECJ Judgment Determines European Commission Cannot Review Deals Below Member State Merger Control Thresholds"

Hosted by:

James Hunsberger, Axinn, Veltrop & Harkrider LLP and Matthew Hall, McGuireWoods London LLP

It's no secret that competition agencies in the U.S. and elsewhere have been scrutinizing Big Tech's efforts to acquire emerging players in the AI space. In this episode, Luis Blanquez of Bona Law, P.C., talks to co-hosts Alicia Downey and Anant Raut about how the enforcers' concerns are now extending to investments, licensing deals, and other types of transactions that fall outside merger clearance review. Will recently announced investigations into such transactions protect future rivals from Big Tech’s dominance or chill investments in AI technology innovation? Listen to this episode to learn about the effect these investigations may be having on not just the companies directly involved, but also venture capital investors and AI start-ups generally.

With special guest:

Luis Blanquez, Partner, Bona Law P.C.

Related Links:

• Mergers & Acquisitions, AI and Antitrust: The New Creative Ways for Big Tech to Enter the AI Market and Avoid HSR Rules, The Antitrust Attorney Blog (July 21, 2024)
• UK Competition and Markets Authority, AI Strategic update (April 29, 2024)

Hosted by:

Alicia Downey, Downey Law LLC and Anant Raut

The European Commission's draft guidelines on exclusionary abuses of dominance will, once adopted, be a key document when applying EU competition law. But what is in the draft? Rona Bar-Isaac, head of competition at Addleshaw Goddard in London, joins Matthew Hall and Derek Jackson to discuss the draft guidelines and a controversial European Court of Justice judgment which was released soon after the publication of the guidelines. Listen to this episode to learn more about the components of the draft, including the Commission's two-stage approach for analysing potential exclusionary abuses of dominance and the available defences, as well as the implications for the guidelines of the Google Shopping ECJ judgment that deals with self-preferencing as an abuse.

With special guest:

Rona Bar-Isaac, partner, Addleshaw Goddard LLP

Related Links:

• European Commission press release 1 August 2024 consultation on draft antitrust guidelines on exclusionary abuses
• European Commission consultation webpage including draft guidelines
• European Court of Justice press release 10 September 2024 Google Shopping judgment
• European Court of Justice 10 September 2024 Google Shopping judgment
• Addleshaw Goddard 8 August 2024 briefing on draft antitrust guidelines on exclusionary abuses

Hosted by:

Matthew Hall, McGuireWoods London LLP and Derek Jackson, Cohen & Gresser LLP