The Freshfields Podcast

Essential Antitrust #50: New safe harbours, sharper teeth - the EU's new merger playbook

The European Commission's draft merger guidelines land at a moment of real geopolitical flux — and its changes cut both ways. Scale, resilience, innovation and supply chain security are now embedded in the competitive assessment as key factors, and a new "theory of benefit" framework enables parties to argue efficiencies in novel and more comprehensive ways. At the same time, the Commission has equipped itself with a significantly expanded enforcement toolkit — from entrenchment and dynamic foreclosure to labour market effects and minority shareholdings.

In this episode of the Essential Antitrust podcast, Freshfields partners Jenn Mellott, Andreas von Bonin and Paul van den Berg discuss what has actually changed in practice: how the new innovation shield works for start-up acquisitions, where the new theories of harm create risk that deal teams need to plan for from day one, and what the expanded efficiencies framework means for how you build and present your deal to the Commission.

No Worse Off #22: Welcome to Hot Topics: charting global restructuring, one jurisdiction at a time

In our latest episode of "No Worse Off," we launch an exciting new series: Hot Topics. Host Lindsay Hingston is joined by Ken Baird, Freshfields' global head of restructuring, and senior associate Jamie Murray-Jones to introduce this fresh approach to exploring the world of restructuring.

This inaugural episode sets the scene for the series, which will take listeners across our international network, zooming into a different jurisdiction in each episode.  They discuss the intersection of international trends and techniques with local dynamics, and how this shapes the approach to cross-border restructurings.  

Stay tuned for more insights into the world of restructuring and thank you for listening to "No Worse Off."

Introducing the AI Drop

Join host Anna Gressel to unlock the future of artificial intelligence with The AI Drop, a podcast dedicated to delivering cutting-edge insights on how AI is transforming industries worldwide. Each episode features expert interviews and actionable strategies to help you harness AI, drive business value, and navigate evolving legal challenges. Fresh drops every week so you never miss a beat.

 

🎧 Episode 1 available now on all major podcast platforms:

 

Apple Podcasts

Spotify

Amazon

Web

 

Well-Caffeinated: Private Capital at the AI Inflection Point: What to Look for in 2026 and Beyond

In this episode, Sanjay Murti discusses all things AI with partners Anna Gressel, Eva Mak and Tim Clark, covering topics such as the commercialization of AI agents, AI governance, AI on the investment committee and AI as an accelerant for retailization. The panel also shares its reactions to Matt Shumer's viral post, 'Something Big Is Happening,' which explored the implications of AI development. The panelists conclude with the one thing each of them is particularly focused on when it comes to AI on the road ahead.

For additional context and resources related to today’s discussion, visit the referenced Eyes on AI article.

No Worse Off #21: Asset-Backed Finance under stress

In our latest episode of “No Worse Off,” host Emma Gateaud is joined by Mus van Hien, Head of Private Markets Capital Solutions at M&G Investments, and Freshfields partner Andy Heathcote, from our structured finance practice.

Together, they explore Asset-Backed Finance and how it is used , as well as how distress and enforcement can play out in such structures. They examine the recent fraud cases of First Brands and Tricolor and also bring their experience of investor protections and talk through enforcement issues in such structures.

Stay tuned for more insights into the world of restructuring and thank you for listening to "No Worse Off".  

ESG trends to watch in 2026: Part 2: How AI, climate transition planning, supply chains and environmental rules are evolving

Part 2 explores AI’s expanding ESG implications, uncertainty in climate transition planning, evolving supply‑chain obligations and the ongoing complexity of environmental and product‑specific rules, despite efforts to simplify regulatory frameworks.

Recorded as at 29 January. 

ESG trends to watch in 2026: Part 1: ESG litigation risk in a fragmented regulatory world

Part 1 explores how geopolitical divergence and shifting regulatory approaches are reshaping ESG risk in 2026. It highlights a more complex litigation landscape, growing use of novel arguments including attribution science and increasing claims linked to climate impacts, supply chains, human rights and allegations of greenwashing.

Recorded as at 30 January.

Essential Antitrust #49: Clarity in Antitrust: inside the 10 key themes shaping 2026

From shifting geopolitical agendas to a transformed merger control landscape and AI‑driven investigations, our experts unpack the forces reshaping global antitrust in the coming year.

Antitrust is increasingly impacted by geopolitical priorities, with regulators using competition policy to advance national security, industrial resilience, and economic goals. Companies operating across major jurisdictions face diverging enforcement philosophies, requiring careful alignment of deal narratives with local policy objectives. At the same time, merger control is undergoing significant procedural and substantive changes: authorities expect deeper upfront analysis, broader disclosure, and robust evidence supporting innovation, consumer benefits, and supply chain stability.

Enforcement is also evolving as agencies deploy AI‑driven analytics, enhanced monitoring tools, and expanded investigative powers to uncover cartels, algorithmic coordination, and other risks. In this environment, sophisticated, technology‑aware compliance frameworks have become essential for managing exposure and shaping successful regulatory outcomes.

With experts Manish Kumar, Mary Lehner, Jenn Mellott, Colin Raftery and Andreas von Bonin, this episode of Essential Antitrust offers key insights to help companies navigate rising regulatory risk and protect strategic decision‑making.

Essential Antitrust #48: Antitrust meets AI: How regulators approach AI-driven pricing and predictive analytics

AI-driven pricing and analytics tools are transforming markets, but they’re also drawing intense scrutiny from antitrust authorities worldwide. In our latest Essential Antitrust episode, Freshfields experts Maria Dreher-Lorje, Nicholas Frey, Heather Lamberg and Jenn Mellott explore how regulators in the US, UK, and EU are responding to algorithmic pricing and what this means for global businesses.
 
From US litigation concerning algorithmic price fixing to the EU’s case focus and the CMA’s new investigatory powers, the legal landscape is evolving fast. Authorities are not only investigating AI-driven conduct but also deploying AI tools themselves to detect collusion. Uncertainty around enforcement standards—per se vs. rule of reason—makes proactive compliance essential.
 
Listen now to understand the risks, the questions regulators are asking, and practical steps to protect your business.

Well-Caffeinated: What’s Past is Prologue — Assessing the Changed Legal Landscape from Year 1 of the Second Trump Administration and Looking Ahead at What Year 2 May Bring

As 2025 draws to a close, and sitting on the precipice of a new year, it seems like a good time for us to assess where the second Trump Administration has taken us so far and where we may be headed. 

Listen to Tim Clark's interview of Jennifer Loeb, Austin Evers and David Nicolardi regarding what we got right about the second Trump administration; what surprised us; and what to expect from the administration in the coming year.

This podcast covers the US legal and regulatory landscape and focuses on the questions and topics that are on the top of our clients’ minds.

For additional context and resources related to today’s discussion, visit the referenced Private Capital in 2025: 7 Things You Should Know blog.