#352 Is There a New Playbook for Merger Remedies? Evaluating the Current Stance of the U.S. Agencies

Billions have been claimed under the UK competition law opt-out collective actions regime since its introduction in 2015. What issues are faced by class members, class representatives and defendants? Jeremy Robinson, solicitor at Harcus Parker in London, joins Matthew Hall to discuss the regime. Listen to this episode to learn more about how it is structured, funding issues, the first damages award and the UK government's call for evidence on its operation. With special guest: Jeremy Robinson, partner, Harcus Parker Related Links: Harcus Parker, The future of the UK's competition collective actions regime, 15 October 2025 Harcus Parker, The CJC Review of Litigation Funding, 13 June 2025 UK Department for Business & Trade, Opt-out collective actions regime review: call for evidence, 6 August 2025 UK Competition Appeal Tribunal judgment, Kent v Apple, 23 October 2025 Hosted by: Matthew Hall, McGuireWoods

Computational methods are increasingly used by competition law regulators worldwide. But what are these and can companies also take advantage? Todd Davies, PhD candidate in competition law at University College London, joins Matthew Hall and Anora Wang to discuss the issues raised by the use of computational antitrust. Listen to this episode to learn more about the pros and cons of adoption by regulators, new tools available to companies, possible responses by regulators and key takeaways for practitioners and companies. With special guest: Todd Davies, University College London Related Links: Todd Davies, The Dark Side of Computational Antitrust: When AI is Used to Evade the Law, Kluwer Competition Law Blog (October 28, 2025) Thibault Schrepel, Computational Antitrust: An Introduction and Research Agenda (January 15, 2021) Thibault Schrepel and Teodora Groza, Computational Antitrust Worldwide: Fourth Cross-Agency Report (June 18, 2025) Hosted by: Matthew Hall, McGuireWoods and Anora Wang, Arnold & Porter

GenAI is one of the fastest-growing consumer tools in history. But what have we learned about competitive dynamics in the industry? Economists Andrea Asoni and Matteo Foschi join Jaclyn Phillips and Lexi Michaud to discuss what early economic insights can help us understand about the risks and benefits posed by the growth of AI. Listen to this episode to learn more about how the development of AI impacts market development. With special guests:Andrea Asoni, Vice President, Charles River Associates and Matteo Foschi, Vice President, Charles River Associates Related Links: Contested ground: Early competition and market dynamics in generative AI Hosted by: Jaclyn Phillips, Proskauer Rose and Lexi Michaud, Fried Frank

As pay transparency laws rapidly expand across U.S. jurisdictions, companies are facing complex intersections between labor law, antitrust compliance, and pay-equity analytics. Where are the high risk areas? Ye Zhang, a labor economist and director at Resolution Economics, joins Anora Wang and Alicia Downey to unpack how state law disclosure mandates interact with competitive dynamics in labor markets, when pay benchmarking can cross antitrust lines, and how firms can design compensation systems that are both transparent and compliant. With special guest: Ye Zhang, Director, Resolution Economics   Related Links: U.S. Dep't of Justice & Federal Trade Commission, FTC-DOJ Antitrust Guidelines for Business Activities Affecting Workers (Jan. 2025) Hosted by: Anora Wang, Arnold & Porter and Alicia Downey, Downey Law

Every trial tells a story — but what happens when the storyteller becomes the judge? The honorable Judge Richard Franklin Boulware II speaks with Anora Wang and Jeny Maier on his remarkable journey from public defender to federal judge, lessons on persuasion, fairness, and the fine art of trial craft, and what it really means to keep score in the pursuit of justice. Along the way, we'll talk about competition on the field and in the courtroom, the evolving role of lawyers in upholding trust in the judiciary, and how the legal profession can help protect the judiciary from rising threats. With special guest: Judge Richard Franklin Boulware II, United States District Court for the District of Nevada Related Links: Le et al v. Zuffa, LLC, No. 2:2015cv01045 - Document 839 (D. Nev. 2023) Hosted by: Anora Wang, Arnold & Porter and Jeny Maier, Axinn, Veltrop & Harkrider

The HSR rules got a major update in February 2025, shaking up the landscape for dealmakers. How have those updated rules played out in practice? In this episode, Zachary Goodwin of Ropes & Gray discusses with Amanda Hamilton and Puja Patel the challenges and lessons learned thus far from navigating the updated rules. With special guest: Zak Goodwin, Partner, Ropes & Gray Hosted by: Amanda Hamilton, NexArc Strategies and Puja Patel, Cleary Gottlieb Steen & Hamilton

Ukraine's antitrust/competition law regime remains in place despite Russia's invasion. How are the rules enforced and what changes can we expect? Timur Bondaryev, a leading Ukrainian lawyer, joins Matthew Hall and Anora Wang to discuss merger control and antitrust/competition law enforcement and practice in Ukraine as well as the proposed introduction of foreign direct investment (FDI) control. Listen to this episode to learn more about the past, present and future of the rules in this important jurisdiction. With special guest: Timur Bondaryev, Senior Partner, Arzinger Related Links: Ukraine: Antitrust Enforcement in Challenging Times, Concurrences (November 2023) Merger control in Ukraine: positive developments for global deals despite wartime challenges, Competition Law International (June 2025) Hosted by: Matthew Hall, McGuireWoods and Anora Wang, Arnold & Porter

Antitrust enforcers have grown increasingly skeptical of merger remedies over time, but their approach varies with each administration. Where do antitrust enforcers in the second Trump administration stand on merger remedies? Adam Di Vincenzo, an antitrust deal lawyer, joins Amanda Hamilton and Jaclyn Phillips to discuss these shifts and offers practical advice for proposing merger remedies given the current landscape. Listen for insights on recent merger settlements and best practices for proposing merger remedies. With special guest: Adam Di Vincenzo, Partner, Milbank LLP Hosted by: Amanda Hamilton, NexArc Strategies and Jaclyn Phillips, Proskauer Rose

The concept of intent is usually considered of little relevance to EU competition law enforcement and practice. But is that the reality and should this change? Maya-Salomé Garnier, lecturer at Aix-Marseille University, joins Matthew Hall and Alysha Pannu to discuss her book "Intent in Competition Law", which is the published version of her 2023 PhD thesis. Listen to this episode to learn more about the real role of intent in competition law and how an understanding of this can be used in practice. With special guest: Maya-Salomé Garnier, Maître de conférences en droit privé et sciences criminelles, Aix-Marseille Université, France Related Links: Intent in Competition Law, Maya-Salomé Garnier (Concurrences, 2025) Hosted by: Matthew Hall, McGuireWoods and Alysha Pannu, Osler Hoskin & Harcourt

Reverse acquihires are turning traditional merger dynamics on their head, raising fresh questions for dealmakers and regulators alike. But what exactly are the antitrust and HSR implications when talent, not technology or assets, drives the transaction? Sam Weinstein, Professor of Law at the Benjamin N. Cardozo School of Law, joins hosts Lexi Michaud and Anant Raut to unpack how reverse acquihires fit within existing merger frameworks, what, if anything, triggers reporting obligations, and where enforcement agencies may focus next. Listen to this episode to learn more about how shifting deal structures are testing the boundaries of antitrust review and compliance. With special guest: Sam Weinstein, Professor of Law at the Benjamin N. Cardozo School of Law and Faculty Co-Director of the Heyman Center on Corporate Governance Related Links: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5316792 Hosted by: Lexi Michaud, Fried Frank and Anant Raut