Our Curious Amalgam

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

Regulators around the world have raised antitrust concerns over concentrated control of key inputs into AI development and deployment, with access to cloud computing as one area of focus. What are the key concerns and proposed actions? A panel of experts from Argentina, Brazil, and the U.S. speak with Koren Wong-Ervin and Anora Wang on thoughts on the theories of harm, as well as possible efficiencies and benefits to various business arrangements and other conduct. Listen to this episode to hear from Gustavo Augusto Freitas de Lima (Commissioner of Brazil's CADE), Alexis Pirchio (President of Argentina's CNDC), Helder Agostinho (Deputy Assistant Director of the U.S. FTC's Technology Enforcement Division), and Thomas DeMatteo (Chief Counsel on the U.S. Senate Judiciary Committee to Senator Mike Lee).

With special guests:

• Gustavo Augusto Freitas de Lima, Commissioner, CADE
• Alexis Pirchio, President, CNDC
• Helder Agostinho, Deputy Assistant Director of Technology Enforcement Division, FTC
• Thomas DeMatteo, Chief Counsel on the U.S. Senate Judiciary Committee to Senator Mike Lee

Related Links:

Full Panel Discussion (Dec. 8, 2024)

Hosted by:

Anora Wang, Arnold & Porter Kaye Scholer LLP and Koren Wong-Ervin, Jones Day

The FTC's new "Click-to-Cancel" rule is reshaping consumer protection and compliance in the subscription economy. But what challenges and opportunities does this regulation present for businesses? Panos Dimitrellos and Jaclyn Phillips explore these issues with guest Christi Lawson, partner at Foley & Lardner, discussing the rule's legal, economic, and behavioral implications, as well as potential penalties for non-compliance. Listen to this episode to learn more about how this pivotal rule impacts businesses, consumers, and the broader regulatory landscape.

With special guest:

Christi A. Lawson, Partner, Foley & Lardner

Related Links:

Federal Trade Commission Announces Final "Click-to-Cancel" Rule Making It Easier for Consumers to End Recurring Subscriptions and Memberships

Christi A. Lawson

Hosted by:

Panos Dimitrellos, Secretariat Economists LLC and Jaclyn Phillips, White & Case LLP