Our Curious Amalgam explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in th...
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#239 No More Clouds on the Horizon? The UK CMA’s Investigation Into Microsoft’s Acquisition of Activision Blizzard
Microsoft's proposed acquisition of Activision Blizzard was controversially blocked in its original form by the UK Competition and Markets Authority. What was the CMA's rationale and how has the investigation played out since then? Bruce Kilpatrick, partner at Addleshaw Goddard LLP in London, joins Christina Ma and Matthew Hall to discuss the UK element of the worldwide merger control investigation into this case. Listen to this episode to learn more about the CMA's original investigation, the parties' appeal to the UK Competition Appeal Tribunal, the CMA's review of an amended transaction and the future of behavioral remedies in the UK. With special guest: Bruce Kilpatrick, Partner, Addleshaw Goddard LLP Related Links: UK Competition and Markets Authority Microsoft/Activision Blizzard merger case page (original transaction) UK Competition and Markets Authority Microsoft/Activision Blizzard merger case page (amended transaction) European Commission press release Microsoft/Activision Blizzard merger clearance U.S. Federal Trade Commission press release challenge to Microsoft/Activision Blizzard merger Summary of appeal application at UK Competition Appeal Tribunal (original transaction) UK Competition Appeal Tribunal case page (original transaction) Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Matthew Hall, McGuireWoods London LLP
#238 Who Is Fiona Schaeffer? Meet the New Chair of the ABA Antitrust Law Section
Fiona Schaeffer, a prominent antitrust lawyer, has taken on the big job of leading the ABA Antitrust Law Section in 2023-24. In this episode, co-hosts Alicia Downey and Anora Wang interview Fiona about her goals for the year and the initiatives she is leading to explore the relationship between antitrust and consumer protection law and sustainability, as well as the impact of artificial intelligence on the law and the legal profession. Listen to this episode to get to know Fiona and, as a bonus, meet Anne Catherine Faye, the first economist appointed to serve in the important role of Counsel to the Chair. With special guests: Fiona Schaeffer, Milbank LLP and Anne Catherine Faye, Analysis Group Related Links: Upcoming ABA Antitrust Law Section events Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP
#237 Should We Bank on Changes? A Conversation About Bank Merger Policy
Bank failures in 2023 led to renewed interest in bank consolidation and debate over the role of antitrust in bank policy. But does this mean we can expect the DOJ Antitrust Division to change the way they are approaching bank mergers? Damian Didden, Partner at Wachtell, joins Jaclyn Phillips and Sergei Zaslavsky to explain the debate about bank consolidation and what we can glean from the Antitrust Division's statements about its approach to bank merger review. Tune in to learn more about whether you can bank on changes in this space. With special guest: Damian Didden, Partner, Wachtell, Lipton, Rosen & Katz Related Links: Wachtell Comments on Revisions to the 1995 Banking Guidelines Wachtell Lipton Criticizes Putting Politics in Bank Merger Antitrust Policy Hosted by: Jaclyn Phillips, White & Case LLP and Sergei Zaslavsky, O'Melveny & Myers
#236 What Is PE Anyway? All the Questions You Were Afraid To Ask About Private Equity
Private equity has been in the hot seat at the Federal Trade Commission and the Antitrust Division lately. Both agencies have increasingly expressed skepticism regarding PE buyers and owners, and have devoted more resources to investigating matters where PE parties are involved. But what exactly is PE? And how does it fit into the antitrust regulatory landscape? In this episode, co-hosts Elyse Dorsey and Jana Seidl speak with Sarahi Constantine Padilla, Senior Counsel at Warburg Pincus, about all-things private equity—and ask all the burning questions you might have been afraid to ask. With special guest: Sarahi Constantine Padilla, Senior Counsel at Warburg Pincus Related Links: U.S. v. UnitedHealth Group and Change Healthcare - Memorandum Opinion FTC's Khan puts private equity 'on notice' that roll-up strategies could be illegal Chair Lina Khan, Memorandum to Commission Staff and Commissioners Hosted by: Elyse Dorsey, Kirkland & Ellis LLP and Jana Seidl, Baker Botts LLP
#235 Win, Lose, or Draw? A Decade of Pharma Antitrust Since FTC vs. Actavis
Ten years ago, the U.S. Supreme Court issued its 5-3 decision in FTC v. Actavis, which held that the rule of reason should govern so-called "pay-for-delay" patent litigation settlement agreements between brand name and generic pharmaceutical manufacturers. In this episode, hosts Aaron Yeater and Alicia Downey talk to Kristen O'Shaughnessy and Dan Grossbaum about how the decision has shaped litigation in the years since and its implications for antitrust challenges in other industries. Listen to this episode to learn about the impact of the Actavis decision in the past ten years and in the future. With special guests: Kristen O'Shaughnessy, Partner, White & Case and Daniel Grossbaum, Associate, White & Case Related Links: FTC v. Actavis: Opinions and Oral Arguments Hosted by: Alicia Downey, Principal, Downey Law LLC and Aaron Yeater, Managing Principal, Analysis Group
Our Curious Amalgam explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in those areas. It is an amalgam because it is a group of diverse topics all in one place. It is curious because it gets the experts and asks them in-depth questions.