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