Our Curious Amalgam

Among the recent amendments to Canada's Competition Act are new provisions targeting so-called "greenwashing," i.e., misleading claims in advertising regarding the environmental benefits of a product. In a related development, the Competition Bureau has issued guidelines concerning its enforcement approach to environmental claims under the new law. What will be the impact of the changes on companies and consumers? In this episode, Alicia Downey and Anora Wang talk to Canadian consumer protection lawyer Candice Kloes about the amendments, the guidelines, and the increased risks and compliance burdens posed by public-facing environmental claims in Canada.

With special guest:

Candice Kloes, Counsel, Borden Ladner Gervais LLP

Related Links:

• Dionysios Rossi, Denes A. Rothschild, Candice Kloes, Roark Lewis, and Jessica Hennings, "False advertising and greenwashing: Bill C-59 changes to Competition Act" (July 2024)
• Candice Kloes, Roark Lewis, Denes A. Rothschild, Rick Williams, and Sadie Glickman, Canada's greenwashing crackdown: New guidelines & private right of action (July 2025)
• Canada's Zero Plastic Waste Agenda

Hosted by:

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

In June 2025, the European Commission announced a decision under which it fined two competing online food delivery companies a combined total of €329 million for cartel behaviour that took place while one company held a minority stake in the other company. The infringing behaviour included, among other things, exchanging competitively sensitive information "beyond what was needed for a corporate investor to protect a financial investment decision." Does the Delivery Hero/Glovo decision suggest that minority shareholdings may be subject to stricter scrutiny going forward? Hosts Matthew Hall and Alicia Downey talk to Brussels-based competition lawyer Peter Camesasca about what the decision means and its practical implications for compliance counseling.

With special guest:

Peter D. Camesasca, Ph.D., Advokaat BVBA

Related Links:

• Peter Camesasca, Minority Stakes as a Conduit for Cartelization, and No Poach to Boot: The EU Decision in Delivery Hero/Glovo
• European Commission press release (2 June 2025)
• Commissioner Ribera remarks (2 June 2025)

Hosted by:

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

There is a growing interest in understanding the economics of serial acquisitions, particularly in the healthcare industries and markets, and whether such corporate strategies lead to changes in prices and quality causing antitrust concerns. What has been found in existing economic studies? Paul Eliason, Assistant Professor of Economics at Brigham Young University and co-author of a leading study on serial acquisitions focusing on the dialysis industry, discusses his observations and insights with Anora Wang and Derek Jackson. Listen to this episode to learn about the knowns and unknowns from the empirical evidence as well as implications for competition policy.

With special guest:

Dr. Paul Eliason, Assistant Professor of Economics, Brigham Young University

Related Links:

How Acquisitions Affect Firm Behavior and Performance: Evidence from the Dialysis Industry, Journal of Quarterly Economics

Hosted by:

Anora Wang, Arnold & Porter Kaye Scholer LLP and Derek Jackson, Cohen & Gresser LLP

The "dawn raid" is one of the rare moments of high drama in the work of many competition lawyers. How can you be prepared when that early-morning phone call or text from a client comes? Ashley Latham, an antitrust and government investigations litigator with Linklaters LLP, joins Matthew Hall and Matt Reynolds for a discussion of current "dawn raid" trends in the U.S. and the European Union. Tune in to learn more about what questions to ask, what issues to raise, and what you can do to help clients prepare for when authorities come knocking.

With special guest:

Ashley Latham, Managing Associate, Linklaters LLP

Related Links:

https://competition-policy.ec.europa.eu/about/news/commission-fines-international-flavors-fragrances-eu159-million-deleting-whatsapp-messages-during-2024-06-24_en

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:62023TJ0263

Hosted by:

Matthew Hall, McGuireWoods London LLP and Matthew Reynolds, Huth Reynolds LLP

The U.S. Department of Justice has made it clear that some agreements among competing employers regarding workers' salaries or other terms of compensation--so-called "wage-fixing agreements"--may be subject to criminal prosecution. What kind of conduct falls within the scope of wage-fixing? In this episode, hosts Alicia Downey and Blair Matthews talk to Crowell & Moring partner and former senior DOJ prosecutor Ken Dintzer about the latest developments on the wage-fixing front, including the first criminal conviction for wage-fixing won at trial. Listen and learn what business enterprises and their counsel need to know about how to avoid wage-fixing violations in merger due diligence and integration planning, trade association activities, and salary survey participation.

With special guest:

Kenneth Dintzer, Partner, Crowell & Moring LLP

Hosted by:

Alicia Downey, Downey Law LLC and Blair West Matthews, Cleary Gottlieb

What happens when antitrust law meets high fashion? In this episode, experienced fashion and luxury industry counsel Andowah Newton, joins Jeny Maier and Puja Patel to unpack recent antitrust cases in the luxury and fashion industries. From the FTC's challenge to Tapestry's acquisition of Capri, to no-poach allegations involving Saks and major fashion houses, to tying claims against Hermès and its coveted Birkin bag, we explore how competition law is colliding with market definition, exclusivity, branding, and status. Listen in for insights on how antitrust enforcers—and the courts—are approaching consolidation, labor practices, and sales tactics in an industry where scarcity sells.

With special guest:

Andowah Newton

Hosted by:

Jeny Maier, Axinn, Veltrop & Harkrider LLP and Puja Patel, Cleary Gottlieb Steen & Hamilton LLP

The UK's consumer protection regime changed early in 2025. How will behavioural economics be used by the UK Competition and Markets Authority (CMA) in applying the rules? Stefan Hunt, partner at Keystone Strategy in London, joins Matthew Reynolds and Matthew Hall to discuss previous consumer protection cases investigated by the CMA and the new regime under the Digital Markets, Competition and Consumers Act 2024. Listen to this episode to learn more about the application of behavioural economics to consumer protection enforcement and how companies should prepare.

With special guest:

Stefan Hunt, Partner, Keystone Strategy

Related Links:

• Keystone, "The UK's New Consumer Enforcement Regime: What evidence and analysis will be used by the CMA and how firms can respond"
• Keystone, "The Value of Behavioural Economics in Competition Litigation – Reflections Following Le Patourel vs BT", 10 April 2025
• UK CMA speech, "The CMA's approach to the new consumer enforcement regime", 30 April 2025
• UK CMA guidance, "The CMA's approach to consumer protection", April 2025
• UK CMA guidance, "Unfair commercial practices: Guidance on the protection from unfair trading provisions in the Digital Markets, Competition and Consumers Act 2024", April 2025

Hosted by:

Matthew Reynolds, Huth Reynolds LLP and Matthew Hall, McGuireWoods London LLP

State legislatures around United States have passed or are on track to pass legislation that requires parties to submit notice to the state attorney general or other state authority when certain transactions result in a material change in ownership. Why are states passing these laws and how are they affecting regulatory review of transactions? Axinn partner Lisl Dunlop joins hosts Alicia Downey and Rubin Waranch to discuss the expansion of state "mini-HSR laws" in detail. Listen to this episode to learn more about the ins and outs of the notice requirements and their interaction with the U.S. federal merger control regime.

With special guest:

Lisl Dunlop, Partner, Axinn, Veltrop & Harkrider LLP

Related Links:

Uniform Law Commission, Uniform Antitrust Pre-Merger Notification Act

Hosted by:

Alicia Downey, Downey Law LLC and Rubin Waranch, Cooley LLP

While on site at the 2025 Spring Meeting of the ABA Antitrust Law Section, the Our Curious Amalgam team recorded interviews with senior competition agency enforcers from all over the world, including Paraguay and Costa Rica. In the first segment of this episode, Alicia Downey interviews Commissioner Eduardo Barros of Paraguay's National Competition Commission (CONACOM). Following that, Matthew Reynolds speaks with Viviana Blanco Barboza, the president of the Costa Rica Commission for the Promotion of Competition (COPROCOM). Listen to this episode to hear what's been happening in their respective agencies and what makes them happy outside of competition law.

With special guests:

Eduardo Barros, Commissioner, Comisión Nacional de la Competencia (CONACOM) and Viviana Blanco Barboza, President, Comisión para Promover la Competencia (COPROCOM)

Related Links:

National Competition Commission of Paraguay Commission for the Promotion of Competition of Costa Rica

Hosted by:

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

While on site at the 2025 Spring Meeting of the ABA Antitrust Law Section, the Our Curious Amalgam team recorded interviews with senior competition agency enforcers from all over the world. In the first segment of this episode, Anora Wang speaks with Ellie Siu, Senior Legal Counsel of the Competition Commission of Hong Kong. Next Matthew Hall interviews Michael Aguinaldo, the Chairperson of the Philippine Competition Commission. And finally, Anora Wang checks in with Commissioner Reiko Aoki of the Japan Fair Trade Commission. You'll hear what's been happening in their respective agencies as well as a little bit about what makes them happy outside of competition law.

With special guests:

Ellie Siu, Senior Legal Counsel, Hong Kong Competition Commission, Michael Aguinaldo, Chairperson, Philippine Competition Commission, and Reiko Aoki, Commissioner, Japan Fair Trade Commission

Related Links:

Hong Kong Competition Commission Philippine Competition Commission Japan Fair Trade Commission

Hosted by:

Alicia Downey, Downey Law LLC, Anora Wang, Arnold & Porter Kaye Scholer LLP, and Matthew Hall, McGuireWoods London LLP