Our Curious Amalgam explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in th...
#315 Are You In or Are You Out? Using Economics to Identify and Quantify Potential Class Members
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
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#314 A New Era for Private Antitrust Litigation in China? Impact of the June 2024 Judicial Interpretation of the Supreme People’s Court
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
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#313 Who’s Blocking Me? Competition Law Issues With Healthcare Information Blocking
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
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#312 What New Direction Will Europe Take? New Ideas and New Leadership at the European Commission
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
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#311 What Will Happen to Competition Law Enforcement in Mexico? Implications of the November 2024 Reforms
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
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.
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