Our Curious Amalgam

By American Bar Association

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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.

Episode Date
#114 What Are the Generic and Biosimilar Industries Worried About? Current Competition Law Issues Impacting the Sector.
40:32

Generics and biosimilars are an important part of the pharmaceutical landscape in Europe. What are the competition law issues faced by suppliers of those products? Adrian van den Hoven, Director General of trade association Medicines for Europe, joins John Roberti and Matthew Hall to discuss the key concerns of generic and biosimilar suppliers and also the dramatic impact of COVID-19 on them. Listen to this episode to learn more about the application of competition law to pharmaceuticals and the background to the 2020 comfort letter granted by the European Commission at the request of Medicines for Europe.

Related Links:

Medicines for Europe White Paper on Barriers to Generic and Biosimilar Market Entry

Medicines for Europe Paper on Patent Linkage

Medicines for Europe Paper on Divisional Patents

Hosted by:

John Roberti, Partner, Allen & Overy and Matthew Hall, Partner, McGuireWoods London LLP

May 10, 2021
#113 Are “UDAPs” Protecting Consumers or Promoting Chaos? Exposing the Fault Lines under State Statutes Prohibiting Unfair and Deceptive Acts and Practices
33:58

State UDAP laws are powerful tools for private plaintiffs and state Attorneys General to redress marketplace misconduct and abuse of consumers. But with the growing proliferation of lawsuits based on novel theories of what constitutes "unfair" trade practices, is it time to rein them in? In this episode co-hosts Alicia Downey and Christina Ma talk to Matt Sawchak, UDAP scholar, antitrust litigator, and former solicitor general for the state of North Carolina, about the ongoing debate over the scope of and remedies afforded by UDAP legislation. Listen to this episode to learn about the sources of tension between state UDAP statutes and U.S. antitrust law.

Related Links:

North Carolina Opera
The Official Tourist Website for Prague

Hosted by:

Alicia Downey, Downey Law LLC and Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz

May 03, 2021
#112 What Can AI Do? Examining the Possibilities of Using Artificial Intelligence in the Law
38:31

Artificial Intelligence has been an increasingly important element of legal practice, including in antitrust and consumer protection. What is the next step for Artificial Intelligence? Joshua Davis, a professor at the University of San Francisco School of Law, joins Kayla Odom and John Roberti to discuss the potential and limits for the next generation of Artificial Intelligence. Listen to this episode to learn about whether robo lawyers may be appearing before robo judges anytime soon.

Related Links:

Law Without Mind: AI, Ethics, and Jurisprudence

Artificial Wisdom? A Potential Limit on AI in Law (and Elsewhere)

AI and Interdependent Pricing: Combination Without Conspiracy?

Hosted by:

John Roberti, Partner, Allen & Overy LLP and Kayla Odom, Associate, Freitas & Weinberg LLP

Apr 26, 2021
#111 A Never-Ending Issue? The Report of the EU Expert Group on Standard Essential Patents
33:06

Standard Essential Patent (SEP) licensing and valuation is an extremely challenging and difficult area worldwide. What does the January 2021 report of the EU SEPs Expert Group add to the discussion? Aleksandra Kuznicka-Cholewa, a member of the Expert Group, joins Christina Ma and Matthew Hall to discuss the work of the group and the proposals made in its report. Listen to this episode to learn more about the key SEP licensing and valuation issues which are being grappled with in the EU and elsewhere.

Related Links:

Group of Experts on Licensing and Valuation of Standard Essential Patents: Contribution to the Debate on SEPs

UK Supreme Court judgment Unwired Planet

Referral to European Court of Justice Nokia/Daimler

Hosted by:

Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, Partner, McGuireWoods London LLP

Apr 19, 2021
#110 What Is It Like? Understanding the Views and Perspectives of a Plaintiff’s Lawyer
45:29

Often the private antitrust and consumer protection bar is slightly more defense-oriented. But what is it like to be a leading plaintiff's lawyer in consumer class actions? Daniel Karon, class action attorney with 30+ years of experience, speaks with John Roberti and Anora Wang on the possible changes of legislation and policy affecting class actions, federal and state enforcement, and the plaintiff-side practice in general. Listen to this episode to learn about the perspectives of a plaintiff’s lawyer.

Related Links:

Daniel Karon, What The Biden Presidency Means For Class Actions, Law360 (Feb. 11, 2021)

Hosted by:

John Roberti, Allen & Overy LLP and Anora Wang, Davis Wright Tremaine LLP

Apr 12, 2021
#109 When Does Benchmarking Cause Antitrust Anxiety? The Use and Misuse of Competitors’ Data
31:33

Many industries routinely use data collected from multiple competing companies to develop price, cost and performance benchmarks. But when do benchmarking activities raise antitrust concerns? Co-hosts Alicia Downey and Christina Ma ask John Delacourt, general counsel to an international trade association and co-chair of the Antitrust Law Section's Trade, Sports and Professional Associations Committee, about managing the risks of collective participation in benchmarking programs in an era of heightened antitrust scrutiny and enforcement. Listen to this episode to learn about the right way and the wrong way to collect and use competitors' data.

Related Links:

DOJ/FTC Statements of Antitrust Enforcement Policy in Health Care (1996)

DOJ/FTC Antitrust Guidance for Human Resource Professionals (2016)

Hosted by:

Alicia Downey, Downey Law LLC and Christina Ma, Wachtell, Lipton, Rosen & Katz

Apr 05, 2021
#108 What's the Hubbub About No-Poach? Recent Antitrust Enforcement in Labor Markets.
26:21

There has been growing interest in labor antitrust enforcement, particularly with the DOJ bringing its first criminal no-poach and wage-fixing cases in late 2020 and early 2021. How do we make sense of this vitally important but relatively unsettled area of law? Megan Gerking, a partner at Morrison & Foerster, joins Christina Ma and Sergei Zaslavsky to provide context around the recent enforcement actions and practical guidance on labor antitrust issues. Listen to this episode to learn about where we are, how we got here, and where we are likely to go in no-poach and wage-fixing enforcement.

Related Links:

DOJ and FTC 2016 Antitrust Guidance for HR Professionals

United States v. Jindal indictment

United States v. Surgical Care Affiliates, LLC indictment

Hosted by:

Sergei Zaslavsky, O'Melveny & Myers and Christina Ma, Wachtell, Lipton, Rosen & Katz

Mar 29, 2021
#107 How Far Can You Go? U.S. Merger Enforcement Under Section 2 of the Sherman Act
36:57

U.S. merger enforcement has been active in recent years, involving legal challenges pursued under some newer theories. But can it go too far to bring certain challenges under Section 2 of the Sherman Act? Koren Wong-Ervin, partner at Axinn, Veltrop, & Harkrider LLP, and a recognized thought leader in the antitrust bar, speaks with Anora Wang and John Roberti on the critical differences and issues involved in merger challenges brought under Section 2 of the Sherman Act, as compared to Section 7 of the Clayton Act. Listen to this episode to learn about the most recent development in U.S. merger enforcement.

Related Links:

Douglas H. Ginsburg & Koren Wong-Ervin, Challenging Consummated Mergers Under Section 2, Competition Policy International (May 2020)

Our Curious Amalgam, #69 Another Way to Unring the Bell? Private Litigation Challenging Consummated Merger

Hosted by:

Anora Wang, Davis Wright Tremaine LLP and John Roberti, Allen & Overy LLP

Mar 22, 2021
#106 Is It Time to Rethink Section 230? The Debate Over the Liability Exemption for Internet Platforms
28:31

Section 230 of the 1996 federal Communications Decency Act immunizes online platforms from civil liability based on third-party content as well as for removing such content in certain circumstances. Twenty-five years after its enactment, has this immunity gone too far in protecting the behemoth internet companies from accountability and facilitating their pervasive growth and online presence? In this episode, co-hosts Alicia Downey and Christina Ma talk to O’Melveny partner Tod Cohen, a former in-house legal and public policy counsel for a number of prominent social media and e-commerce companies, about the connection between Section 230 and antitrust concerns regarding certain Internet platforms, and why Section 230 has become such a focal point of controversy. Listen to this episode to learn why Section 230 will likely continue to be making headlines in the world of antitrust and consumer protection.

Related Links:

CDA Section 230: Its Past, Present, and Future

Hosted by:

Christina Ma, Wachtell, Lipton, Rosen & Katz and Alicia Downey, Downey Law LLC

Mar 15, 2021
#105 How Do We Do Better? Increasing Opportunities for Women in Economic Expert Roles
39:27

Measured in absolute numbers, there have been more women attorneys and economists working in the field of antitrust, as compared to one or two decades ago. But is there greater diversity and inclusion as well, especially in leadership roles? Dr. Antara Dutta, Principal Economist at Amazon, Co-Chair of the ABA Antitrust Section’s Diversity.Advanced Initiative, speaks with Anora Wang and John Roberti on how to increase opportunities for women in economic expert roles. Listen to this episode to learn about progress and roadblocks in achieving greater diversity and inclusion for attorneys and economists alike.

Related Links:

Diversity.Advanced Initiative

Hosted by:

Anora Wang, Davis Wright Tremaine LLP and John Roberti, Allen & Overy LLP

Mar 08, 2021
#104 Have We Figured It Out? Online Privacy and Security in the “New Normal” of Video Conferencing.
37:43


The COVID-19 pandemic has forced many aspects of our everyday lives to go virtual, and the surge in demand for videoconferencing technology has come with a variety of problems when it comes to privacy, cybersecurity, and consumer protection. Do we finally have a handle on the problems that came with this "Zoom Boom"? From connectivity and consumer choice to misleading claims of data security and cyber attacks, privacy and cybersecurity experts Claudia Rast and David Turetsky join Kayla Odom and Christina Ma to discuss the gambit of issues we have faced surrounding videoconferencing technology. Listen in to learn more about these issues and about what other issues we might expect to encounter when it comes to the use of videoconferencing platforms.

Related Links:

FTC Gives Final Approval to Settlement with Zoom over Allegations the Company Misled Consumers about Its Data Security Practices

Federal Prosecutors Accuse Zoom Executive of Working with Chinese Government to Surveil Users and Suppress Video Calls

Why Insider ‘Zoom Bombs’ Are So Hard to Stop

Hosted by:

Christina Ma, Wachtell, Lipton, Rosen & Katz and Kayla Odom, Freitas & Weinberg LLP

Mar 01, 2021
#103 What's Next for Antitrust Enforcement? The Antitrust Section Presidential Transition Report.
37:00

The ABA Antitrust Law Section issues a Presidential Transition Report each time a new administration enters the White House. What agenda does the latest Report recommend for the incoming leaders of the antitrust agencies? Transition Report Task Force leaders Rich Parker and Bill MacLeod discuss the highlights from the Report and share their insights with Sergei Zaslavsky and Christina Ma. Listen to this episode to learn about the most important questions facing the antitrust enforcers in the Biden administration, including the future of the consumer welfare standard, merger policy for acquisitions of nascent competitors, and more.

Related Links:

The Presidential Transition Report

Hosted by:

Christina Ma, Wachtell, Lipton, Rosen & Katz and Sergei Zaslavsky, O'Melveny & Myers

Feb 22, 2021
#102 What Is the State of the Section? A Midterm Talk With the Section Chair.
34:31

Serving as the Chair of the ABA Antitrust Law Section is the culmination of years of hard work and dedicated service to the organization and its members. What has it been like to lead an international association of antitrust and consumer protection lawyers, regulators, economists, and academics during a global pandemic? As the Section gears up for its Virtual Spring Meeting online March 23-26, 2021, Section Chair Gary Zanfagna sat down at the midpoint of his one-year term to talk to co-hosts Alicia Downey and John Roberti about the state of the Section. Listen to this episode to hear Gary's perspectives on the future of antitrust and the Section's role in shaping that future.

Related Links:

Gary Zanfagna

Annual Spring Meeting


Hosted by:

John Roberti, Allen & Overy LLP and Alicia Downey, Downey Law LLC

Feb 15, 2021
#101 What's Trending? Understanding What To Expect In M&A Competition Law in 2021.
39:27

Merger clearance encompasses a major portion of the practice of competition law. What are the coming trends for 2021? Ilene Gotts, one of the deans of the competition bar, joins Christina Ma and John Roberti to discuss the major issues she sees for competition law related to mergers for 2021. Listen to this episode to learn more about the key issues, trends and predictions for antitrust M&A in the next year.

Hosted by:

John Roberti, Allen & Overy LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz

Feb 08, 2021
#100 What’s All The Fuss About? Brexit and UK Competition Law
40:59

The UK has finally left the EU and the ambit of EU law. What does this mean for competition law, merger control, subsidy control and competition litigation in the EU and UK? Anneli Howard, a UK barrister and EU law specialist, joins Matthew Hall and John Roberti to discuss the EU-UK Trade and Cooperation Agreement, WTO subsidy rules, Northern Ireland Protocol and the rest of the new legal regime. Listen to this episode to learn more about the present and future for these areas of law in the UK.

Related Links:

EU-UK Trade and Cooperation Agreement

Guidance on the functions of the UK CMA after the end of the transition period

Withdrawal of the United Kingdom and EU rules in the field of competition

Protocol on Ireland and Northern Ireland

WTO subsidy rules

UK National Security and Investment Bill

Hosted by:

John Roberti, Partner, Allen & Overy LLP and Matthew Hall, Partner, McGuireWoods London LLP

Feb 01, 2021
#99 What Are Best Practices for Virtual Litigation? Notes From the Field
32:18

Thanks to COVID-19, many courts and government agencies are using computer-based videoconferencing technology to conduct conferences, motion hearings, and even trials online. What are the do’s and don’ts for litigating effectively in virtual proceedings, especially in complex antitrust cases involving multiple parties and far-flung witnesses? Lisa Wood, and antitrust practitioner, Co-Chair of the Litigation Department of Foley Hoag LLP, and author of the long-running Notes from the Field column featured in Antitrust Magazine, joins Alicia Downey and John Roberti to discuss what she learned about best practice for virtual litigation from interviews with lawyers and judges across the country as well as the lessons she has learned from her own practice. Listen to this episode to hear about which virtual litigation proceedings are poised to become a permanent feature of complex civil suits and proceedings before the agencies.

Related Links:

Lisa Wood, Best Practices for Virtual Litigation, Antitrust, Vol. 35, No. 1 (Fall 2020)

Hosted by:

Alicia Downey and John Roberti

Jan 25, 2021
#98 How Will It Rule? A Panel Discussion on the Supreme Court Argument in AMG Capital Management, LLC v. Federal Trade Commission.
55:18

The FTC's enforcement program has long included the remedy of disgorgement, which requires that a defendant found liable return ill-gotten gains. Will the Supreme Court take this authority away? Michael Kades, Tim Muris, Maureen Ohlhausen and John Villafranco join Gerald Stein for a discussion of the Supreme Court's oral argument and what may happen to the FTC's disgorgement. Listen to this special episode to learn more about the future of this important FTC remedy.

Related Links:

Stein Antitrust Magazine article

Muris Antitrust Source Article

Luib Antitrust Magazine Article

Ohlhausen speech on disgorgement

Ohlhausen dissent in Cardinal Health

Villafranco Blog Entries on oral argument

Hosted by:

Gerald Stein, Norton Rose Fulbright LLP

Jan 19, 2021
#97 What Happens to a Prosecution Deferred? DOJ’s Approach to Criminal Investigations
27:01

The Department of Justice Antitrust Division enjoys many tools to hone its criminal investigations, including many designed to incentivize cooperation from potential defendants. But how do Deferred Prosecution Agreements differ from the leniency program, and when might the Antitrust Division choose to negotiate one? Jon Jacobs, a seasoned antitrust trial lawyer and DOJ alumnus, joins Christina Ma and Matt Harper to examine how Deferred Prosecution Agreements factor into the Antitrust Division’s criminal investigation and when Deferred Prosecution Agreements might be expected in the future. Listen to this episode to learn more about Deferred Prosecution Agreements and how the Antitrust Division uses them.

Related Links:

DOJ Antitrust Division - Evaluation of Corporate Compliance Programs in
Criminal Antitrust Investigations


Hosted by:

Christina Ma and Matt Harper

Jan 18, 2021
#96 Can They Really Say That? Product Denigration Under French Antitrust Law
41:47

At its most basic, marketing often consists of simply explaining a product's qualities relative to its alternatives. Can this go too far and amount to a competition law infringement? Isabelle de Silva, President of the French Competition Authority (FCA), and Bill Batchelor join John Roberti and Matthew Hall to discuss product denigration by reference to the FCA's cases in the pharma sector. Listen to this episode to learn more about these cases and how to draw the line between illegal disparagement of rivals and factual communication of differences.

Related Links:

FCA's AMD (Avastin) decision September 2020

FCA's Subutex decision December 2013

FCA's Plavix decision May 2013

FCA's Durogesic decision December 2017

Hosted by:

John Roberti and Matthew Hall

Jan 11, 2021
#95 Who Is Ready for 2021? Year in Review: Part 3.
48:28

The editorial staff of Our Curious Amalgam is teaming up with substantive ABA Antitrust Law Section committees to summarize the main antitrust and consumer protection events of 2020 and preview the trends to watch in 2021. In Part Three of a three-part series, Legislation, Federal Civil Enforcement, and Exemptions and Immunities committees provide incisive analysis of the key happenings and issues within their respective areas of expertise. Regular Our Curious Amalgam hosts Sergei Zaslavsky, John Roberti, Christina Ma, and Anora Wang, and special guest host, Ricardo Woolery, join to provide commentary and make sense of the year that was. Listen to this episode for a summary of the key antitrust and consumer protection themes of 2020.

Related Links:

Legislation Committee
Federal Civil Enforcement Committee
Exemptions and Immunities Committee


Hosted by:

Sergei Zaslavsky, Anora Wang and Ricardo Woolery, Christina Ma and John Roberti

Jan 04, 2021
#94 Who Is Ready for 2021? Year in Review: Part 2
38:17

This past year has been anything but a slowdown in antitrust enforcement around the world and has also put privacy and consumer protection issues in the limelight. What do you need to know? In Part Two of this three-part series, members of the International, Privacy and Information Security, and Consumer Protection committees discuss what they believe to be the key happenings and issues in 2020 and what to expect in 2021. Regular Our Curious Amalgam hosts Sergei Zaslavsky, John Roberti, Christina Ma, Matthew Hall, and Kayla Odom join to provide further context. Listen to this episode for a summary of the key international, privacy, and consumer protection themes of 2020.

Related Links:

#90 How Do We Respond to the Dilemma? Developing a Data Portability Solution

#89 What’s the Deal with Data Portability? Understanding the Competition and Privacy Aspects Surrounding the Movement of Data.

#86 Can They Really Do That? The Use of Advanced Analytics by Antitrust and Consumer Regulators

Hosted by:

Sergei Zaslavsky, John Roberti, Christina Ma, Matthew Hall, and Kayla Odom

Dec 31, 2020
#93 Who Is Ready for 2021? Year in Review: Part 1.
37:05

The editorial staff of Our Curious Amalgam is teaming up with substantive ABA Antitrust Law Section committees to summarize the main antitrust and consumer protection events of 2020 and preview the trends to watch in 2021. In Part One of a three-part series, Mergers & Acquisitions, Economics, and Insurance and Financial Services committees provide incisive analysis of the key happenings and issues within their respective areas of expertise. Regular Our Curious Amalgam hosts Sergei Zaslavsky, John Roberti, Christina Ma, Tammy Zhu, Alicia Downey, and Anora Wang join to provide commentary and make sense of the year that was. Listen to this episode for a summary of the key antitrust themes of 2020, with a particular emphasis on merger control issues.

Related Links:

Vertical Merger Guidelines

Visa-Plaid Complaint

Hosted by:

Sergei Zaslavsky, John Roberti, Christina Ma, Tammy Zhu, Alicia Downey and Anora Wang

Dec 28, 2020
#92 How is it Developing? Understanding the Competition Law & Enforcement in Brazil
45:04

Brazilian competition law and enforcement regime is among the most active ones around the world, with a well-recognized cartel program and efforts to advocate and develop its law. How does the Brazilian system work and what are the most important elements in Brazil's competition enforcement? The Honorable Commissioner Luiz Hoffmann of Brazil's Administrative Council for Economic Defense (CADE) speaks with John Roberti and Anora Wang on the structure and progress of Brazil’s competition enforcement agency. Listen to this episode to learn about one of the most exciting competition jurisdictions.

Related Links:

Commissioner Luiz Hoffmann, "Hipster Antitrust and the Brazilian Legal System" (in English, published by IBRAC)

Commissioner Luiz Hoffmann, contributions to the OECD 2020 Global Forum on Competition regarding abuse of dominance in digital markets (in English)

Hosted by:

Anora Wang, Davis Wright Tremaine LLP and John Roberti, Allen & Overy

 
Dec 21, 2020
#91 What Is the State of Things: A Discussion with Colorado State Attorney General Phil Weiser
39:10

From mergers to monopolization investigations, state attorneys general are playing a more active role in antitrust enforcement. How are states complementing or filling the gaps in federal antitrust enforcement? Phil Weiser, Colorado Attorney General, joins Tammy Zhu and John Roberti to discuss his office's efforts and strategies to promote competition and protect consumers in Colorado. Listen to this episode to learn more about the interplay between state and federal antitrust enforcement today.

Related Links:

Press Release on Colorado Attorney General’s Challenge and Settlement to the UnitedHealth Group and Davita Merger, June 19, 2019

Prescription Insulin Drug Pricing Report, Colorado Department of Law, November 2020

Press Release on FitTurf Settlement for Misleading Consumers on Automatic Renewal Services, September 23, 2020

Philip J. Weiser, The Enduring Promise of Antitrust

Hosted by:

Tammy Zhu and John Roberti

Dec 14, 2020
#90 How Do We Respond to the Dilemma? Developing a Data Portability Solution.
30:18

The ongoing debate of data portability has produced many unanswered questions, resulting in a need for a more structured analysis of the issues surrounding of the movement of data. How can governments, or various sectors, industries, or companies develop solutions for data portability that encompass the often-competing goals of promoting competition and protecting privacy rights? Internationally-recognized privacy and cybersecurity expert Peter Swire joins Christina Ma and Kayla Odom to discuss his proposed framework for analyzing the issues surrounding the portability of data and evaluating initiatives on portability and other required data transfers. Listen to this episode to learn how, through the use of structured questions, the impact of data portability can be assessed.

Related Links:

Swire, Peter, The Portability and Other Required Transfers Impact Assessment: Assessing Competition, Privacy, Cybersecurity, and Other Considerations (September 8, 2020).

Hosted by:

Christina Ma, Wachtell Lipton Rosen & Katz and Kayla Odom, Freitas & Weinberg LLP

Dec 07, 2020
#89 What’s the Deal with Data Portability? Understanding the Competition and Privacy Aspects Surrounding the Movement of Data.
29:06

With the enactment of stronger privacy laws in Europe and California, and with the prominent use of digital platforms and intense policy debates surrounding their regulation, issues regarding what has been termed "data portability" have been brought to the forefront. What is data portability, and how is it being addressed in the law? Alex Brown and Gabe Maldoff join Christina Ma and Kayla Odom to discuss what it means for data to be "portable" and the various issues that arise when it comes to the transferability of a person's data. Listen to this episode to understand the competition, consumer protection, and cybersecurity issues that are being debated by policymakers, companies, and others when it comes to data portability.

Related Links:

Data To Go: An FTC Workshop on Data Portability (September 22, 2020)

Comment Submitted by The American Bar Association Antitrust Law Section In Connection With “Data To Go: An FTC Workshop On Data Portability” (August 27, 2020)

EU General Data Protection Regulation – Right to data portability, Article 20

California Consumer Privacy Act – Data portability requirements, Cal Civ. Code. § 1798.100(d)

Hosted by:

Christina Ma, Wachtell, Lipton, Rosen & Katz and Kayla Odom, Freitas & Weinberg LLP

Nov 30, 2020
#88 What’s in a Screen? Using Data as Evidence of Collusion and Manipulation (or lack thereof)
42:58

Screening out potential collusion and manipulation is the key to corporations’ antitrust compliance by flagging suspicious activities early and accurately, and also at a later stage of investigations or private actions. But what exactly is in a screen? The relevant economic tools are very sophisticated and evolving. There are also practical considerations in designing and applying screens, especially as more entities are embracing them. Dr. Rosa Abrantes-Metz, a Principal at The Brattle Group and leading economist in this area, joins Anora Wang and Christina Ma to discuss recent advances and the defense side’s use of these tools. Listen to this episode to get a deeper understanding of screening.

Related links:

Abrantes-Metz, Rosa M. and Metz, Albert, WHY SCREENING IS A “MUST HAVE” TOOL FOR EFFECTIVE ANTITRUST COMPLIANCE PROGRAMS (November 20, 2020)

Hosted by:

Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz

Nov 23, 2020
#87 What Does It Take to Reach the Top? A Conversation with the 2020 Hall of Fame-inism Award Winners
37:03

The Women.Connected Committee of the ABA Antitrust Law Section recently inducted four prominent women in the field of antitrust into its Hall of Fame-inism.

How did they overcome career challenges and gender bias to make it to the top of their field?

Co-hosts Christina Ma and Alicia Downey interview Margaret Guerin-Calvert, Deborah Majoras, Lisa Phelan, and Bonny Sweeney about how they achieved (and continue to achieve) professional success and what more can be done to advance women within the antitrust bar.

Listen to this episode to learn how each of these role models forged her own path to a fulfilling career in antitrust.

LINKS TO THE HONOREES’ BIOS

Margaret E. Guerin-Calvert

Deborah P. Majoras

Lisa Phelan

Bonny E. Sweeney

Hosted by:

Christina Ma and Alicia Downey

Nov 16, 2020
#86 Can They Really Do That? The Use of Advanced Analytics by Antitrust and Consumer Regulators
33:30

Data and technology issues are behind many antitrust/competition and consumer law cases. How are regulators responding to this and what are their capabilities? Stefan Hunt, Chief Data and Technology Insights Officer at the UK Competition and Markets Authority (CMA), joins Christina Ma and Matthew Hall to discuss the activities of the CMA's Data, Technology and Analytics unit (DaTA). Listen to this episode to learn more about the work going on inside antitrust and consumer regulators as they use technology and data to their advantage.

Related Links:

Blog 1: UK CMA DaTA unit

Blog 2: UK CMA DaTA unit

UK CMA Online platforms and digital advertising market study

UK CMA Fake and misleading online reviews trading

Hosted by:

Christina Ma and Matthew Hall

Nov 09, 2020
#85 Who Does Antitrust Work For? An Exploration of Labor Antitrust.
41:20

Antitrust is usually focused on consumers, but increasingly, effects of competition on workers have been a focus of scholarship, policy, and enforcement. What is behind the growing prominence of labor antitrust, and what can we expect going forward? Hiba Hafiz, a professor at BC Law, joins Sergei Zaslavsky and John Roberti to discuss how labor antitrust applies in different contexts and the tensions courts are grappling with in applying consumer-focused antitrust doctrine to cases involving workers. Listen to this episode for an engaging introduction to this important topic.

Hiba Hafiz, Labor's Antitrust Paradox 

Todd v. Exxon Corporation 

DOJ and FTC 2016 Antitrust Guidance for HR Professionals 

Hosted by:

John Roberti, Allen & Overy and Sergei Zaslavsky, O'Melveny & Myers

Nov 02, 2020
#84 What’s the Fix? Understanding the Antitrust Cases Against Platforms and Desired Remedies
36:05

Digital platforms are under immense public scrutiny, in the United States and elsewhere, leading to investigations and cases likely to be filed. But how to understand the complex antitrust analysis relevant to platforms including the measurement of power and relevant markets? And if an antitrust case is made against platforms, what’s the fix? Prof. Herbert Hovenkamp, a leading scholar, joins Anora Wang and Christina Ma to discuss the U.S. congressional investigation of platforms as reported in October 2020 and considerations that should go in the design of antitrust remedies involving platforms.

Related Links:

U.S. House Report on Competition in Digital Markets (October 2020)

Herbert Hovenkamp, Antitrust and Platform Monopoly

Hosted by:

Anora Wang, Winston & Strawn LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz

Oct 26, 2020
#83 How Was the Case Won? The Processed Egg Products Antitrust Trials.
41:19

Antitrust class actions are rarely tried all the way through to a jury verdict. How did a team of lawyers from Columbus, Ohio and Washington, D.C. win a defense verdict in not one, but two antitrust trials in an 18-month period? Jim King and Jay Levine talk with Alicia Downey and John Roberti about how the cases were won. Hear from their younger colleagues about the lessons they learned and the most memorable moments in the courtroom. Listen to this episode to catch up with a case that has been ongoing since 2008, with yet more twists and turns to come.

Featured Guests: Allen Carter, Senior Associate, Porter Wright Morris & Arthur LLP and Arlene Boruchowitz, Associate, Porter Wright Morris & Arthur LLP

Related Links:

In re Processed Egg Products Antitrust Litigation, No. 19-1088 (3d Cir. June 22, 2020)

Hosted by:

Alicia L. Downey, Downey Law LLC and John Roberti, Partner, Allen & Overy LLP

Oct 19, 2020
#82 All Bundled Up? Making Antitrust Sense of Product Bundles and Clusters.
36:14

Market definition is a core concept in antitrust law. While product markets are usually defined based on substitutability, are there situations where products that are not substitutes belong in the same market? Kevin Hahm, a partner at Hunton Andrews Kurth and a long-time FTC enforcer, joins Sergei Zaslavsky and Christina Ma to discuss bundle and cluster markets --- those unique situations where products that are not substitutes are grouped in the same market. Listen to the podcast to learn what bundle and cluster markets are and why they matter.

Related Links:

ProMedica Sixth Circuit Opinion 

Staples II District of DC Opinion

Whole Foods DC Circuit Opinion

Hosted by:

Christina Ma, Wachtell, Lipton, Rosen & Katz and Sergei Zaslavsky, O'Melveny & Myers

Oct 12, 2020
#81 Do You Really Know All 54? Antitrust Law in Africa
51:52

The 54 African countries are becoming increasingly important from a competition law point of view. But can we assume the rules are the same as elsewhere? George Lipimile of COMESA and Jocelyn Katz of ENSafrica join John Roberti and Matthew Hall to discuss key issues in African competition law. Listen to this episode to learn about some of the features that make the law on the African continent unique.

Related Links:

COMESA Competition Commission

South Africa: Babelegi excessive pricing case

South Africa: Dis-Chem excessive pricing case

South Africa: ENS newsflash on competition exemptions for banking and retail property sectors to support the Coronavirus fallout

South Africa: ENS newsflash on the Coronavirus (COVID-19) and the Competition Act

Namibian Competition Commission: update on Consumer Exploitation Complaints (May 2020)

Malawi CFTC: Excessive Pricing Of Bus Services Due To Covid 19 And Enforcement Of Bus Fare Tables (June 2020)

South Africa: Competition Commission’s Guidelines for the Assessment of Public Interest Provisions in Mergers

Kenya: Telkom-Airtel merger review decision

Nigeria: FCCP Act

Namibia: Draft Competition Bill

eSwatini: Draft Competition Bill

Malawi CFTC: Suspected Collusive Practices And Unconscionable Conduct By Independent Schools (May 2020)

South Africa: Competition Tribunal Confirms 14th Settlement In Maize Cartel Case

Mauritius: Fines of Rs 76 million recommended, on two suppliers of chemical fertilisers for illegal cartel conducts

International: ICN Guidance on Enhancing Cross-Border Leniency Cooperation

Nigeria: Businesses tighten as Commission plans to embark on raids

Hosted by:

John Roberti, Partner, Allen & Overy LLP and Matthew Hall, Partner, McGuireWoods London LLP

Oct 05, 2020
#80 It's Been a Year Already? Welcome to Our Curious First Birthday.
38:19

Our Curious Amalgam is having a party and you're invited! In this special one-year anniversary episode, host Alicia Downey speaks with guests Brian Henry, immediate past chair of the ABA Antitrust Law Section, and John Roberti, the regular co-host of OCA, about how they created a podcast from scratch, including the origin story of our curious name. Listen to this episode to hear about our curious co-hosts' favorite episodes over the past year.

Hosted by:

Alicia Downey, Downey Law LLC

Sep 28, 2020
#79 Will the Past Be Prologue? Understanding the History of Enforcement of the 1970s.
44:40

There has been substantial discussion of enhanced antitrust enforcement by what has been referred to as the “new” Brandeis School of Antitrust; but that implies that there was an original Brandeis School of Antitrust. What can we learn from this original school? Storied antitrust enforcer, academic and practitioner Tim Muris joins John Roberti and Christina Ma for a discussion of the last great effort to enhance antitrust enforcement and how it developed. Listen to this episode to learn more about the past and whether it may repeat itself.

Related Links:
Timothy J. Muris and J. Howard Beales III, FTC Consumer Protection at 100: 1970s Redux or Protecting Markets To Protect Consumers, 83 George Washington Law Review 2157 

Timothy J. Muris and Jonathan E. Nuechterlein, Chicago and Its Discontents (with) (Forthcoming University of Chicago Law Review)

Timothy J. Muris , Will the FTC’s Success Continue?

Timothy J. Muris and Jonathan E. Nuechterlein, Antitrust in the Internet Era: The Legacy of United States v. A&P, 54 Rev. of Industrial Org. 651 (2019)

Hosted by:

Christina C. Ma, Wachtell, Lipton, Rosen & Katz and John Roberti, Allen & Overy LLP

Sep 21, 2020
#78 What Seeds Need to Be Sown? The Role of Antitrust in Agriculture
39:23

Agriculture sits at the center of the U.S. economy and has witnessed increased consolidation in the last several decades. How can antitrust law and merger policy protect competition in agriculture, from fair terms for seed purchasers to ensuring ample processors? Mark Tobey, former special counsel for agriculture at the U.S. Department of Justice, joins Tammy Zhu and John Roberti to discuss the past, present, and future of competition concerns in agriculture. Listen to this episode to learn how to analyze an agricultural merger and issues to spot when negotiating an agtech partnership.

Related Links: https://www.justice.gov/sites/default/files/atr/legacy/2012/05/16/283291.pdf

Hosted by:

Tammy Zhu, Legal Counsel, Medallia, Inc. and John Roberti, Partner, Allen & Overy LLP

Sep 14, 2020
#77 Still The Largest Taxpayer in the World? Apple Avoids Massive Tax Payment to Ireland
31:50

The European Commission's EU State aid investigations into the tax ruling practices of EU countries are highly controversial - none more so than its ruling, overturned in court, that Apple pay back multi-billion Euros to Ireland. What is EU State aid law and what are these cases about? Alfonso Lamadrid, Brussels-based lawyer with Garrigues, joins Christina Ma and Matthew Hall to discuss the background to the Apple/Ireland case, the findings in the case, why it was overturned and the implications of this. Listen to this episode to learn more about the critical area of EU State aid law and its application to tax rulings in the EU.

Related Links:

European Commission 2016 press release on Apple/Ireland State aid decision

European Commission 2016 Apple/Ireland State aid decision

European Commission 2020 statement (Commissioner Vestager) on General Court judgment overturning 2016 Apple/Ireland State aid decision

General Court of the European Union 2020 press release on Apple/Ireland judgment

General Court of the European Union 2020 Apple/Ireland judgment

Hosted by:

Christina Ma, Associate, Wachtell, Lipton, Rosen & Katz and Matthew Hall, Partner, McGuireWoods London LLP

Sep 07, 2020
#76 What's Ahead in Pharmaceutical Antitrust Enforcement? Taking Stock of Key Pharmaceutical Issues and Enforcement Actions
40:23

Although there is little question as to the need for affordable, accessible, and high-quality pharmaceuticals, there is immense disagreement as to how best to achieve that end. What are the key issues facing pharmaceutical antitrust enforcement today? Michael Kades, Director of Markets and Competition Policy for the Washington Center for Equitable Growth, joins Christina Ma and John Roberti to discuss the current state of pay-for-delay, the FTC's Daraprim case, FTC restitution before SCOTUS, and biologics. Listen to this episode for a quick primer on things to pass and things to come in pharmaceutical antitrust enforcement.

Related Links:

https://equitablegrowth.org/competitive-edge-underestimating-the-cost-of-underenforcing-u-s-antitrust-laws/

https://equitablegrowth.org/congress-adopts-historic-prescription-drug-pricing-reform/

https://www.ftc.gov/system/files/documents/cases/2020.01.27_daraprim_complaint_final_redacted.pdf

https://www.supremecourt.gov/DocketPDF/19/19-825/126165/20191219140044609_No.%2019-__%20PetitionForAWritOfCertiorari%20and%20Appendix%20FTC%20v.%20Credit%20Bureau%20Center.pdf

Hosted by:

Christina Ma, Associate, Wachtell Lipton Rosen & Katz and John Roberti, Partner, Allen & Overy

Aug 31, 2020
#75 What's Coming Next? Understanding the Next Big Areas in the Pharmaceutical Antitrust Wars
42:51

Battles in the pharmaceutical antitrust world have been increasingly heated, and to a great extent rightly so, as people have devoted more attention to this space in the past decades. But as measured against the U.S. antitrust laws, what has changed or will change in the scrutiny of pharmaceutical companies’ conduct? Eric Grannon, a leading defense practitioner, joins Anora Wang and John Roberti to discuss three main areas—reverse payment, product hopping, and class certification—that get the most heat. Listen to this episode to learn what is about to come in the U.S. pharmaceutical antitrust wars.

Related Links:

Watson Pharmaceuticals, Inc., et al. (FTC v. Actavis)

Hosted by:

John Roberti, Allen & Overy LLP and Anora Wang, Winston & Strawn LLP

Aug 24, 2020
#74 Will the Past Repeat Itself? Understanding the Implications of the Government's Case Against IBM
36:06

U.S. antitrust dealing with tech ranges from early government cases involving punch cards to the current government probe into various platforms. But while the tech evolves, has the antitrust concern with monopolization by big tech changed? Prof. Randy Picker, a leading scholar studying antitrust and tech, joins Anora Wang and John Roberti to discuss the once epic, 13-year-long, U.S. antitrust case against IBM, and whether antitrust actions could have impacted the tech landscape for decades to come. Listen to this episode if you wonder whether the antitrust past will repeat itself in the tech world.

Related Links:

United States' Memorandum On The 1969 Case

Hosted by:

John Roberti, Allen & Overy LLP and Anora Wang, Winston & Strawn LLP

Aug 17, 2020
#73 What is the Relationship Between Privacy and Competition? A Conversation with Commissioner Noah Phillips.
44:50

Privacy and competition both have been hot subjects, especially when discussing the new digital economy. But will the two doctrines inevitably converge, or are they in fundamental tension with each other? FTC Commissioner Noah Phillips joins Sergei Zaslavsky and John Roberti to discuss this timely subject and share his views on when privacy should (and should not) play a role in antitrust analysis. Listen to this episode for Commissioner Phillips' take on privacy considerations in merger review, differences between privacy and price competition, federal privacy legislation, and more.

Related Links:

Commissioner Phillips' January 30, 2020 Speech - "Should We Block This Merger? Some Thoughts on Converging Antitrust and Privacy"

Hosted by:

John Roberti, Allen & Overy and Sergei Zaslavsky, O'Melveny & Myers

Aug 10, 2020
#72 How Does It Work There? Establishing an Antitrust Practice Off the Beaten Path.
39:44

The Federal antitrust laws reach the entire United States. But what is the state of antitrust law outside of the largest metropolitan areas? Longtime ABA Antitrust Law Section members Marguerite Willis and Travis Wheeler of Nexsen Pruet in South Carolina join John Roberti and Kayla Odom to discuss what it's like to build an antitrust law practice in a smaller antitrust community and how antitrust law in the South has changed over the last decades. Listen in for perspectives from these pioneering practitioners and for tips all practitioners can use in their antitrust law practice.

Hosted by:

John Roberti, Allen & Overy LLP and Kayla Odom, Freitas & Weinberg LLP

Aug 03, 2020
#71 Where is the Enforcement? Assessing the Rigor and Effectiveness of U.S. Merger Enforcement
44:50

Many discussions on U.S. merger control focus on proposals of drastic changes. But can U.S. merger enforcement be improved by just having the agencies committed to making better use of their exiting tools? John Kwoka, a leading economist and antitrust scholar, joins Anora Wang and John Roberti to discuss the weaknesses of U.S. merger enforcement, the role of the merger guidelines as tools available to the agencies, and specific areas for improvement. Listen to this episode to learn about the past, present, and future enforcement of U.S. antitrust agencies as measured against their merger guidelines.

Related Links:

Horizontal Merger Guidelines (08/19/2010)

Hosted by:

John Roberti, Allen & Overy LLP and Anora Wang, Winston & Strawn LLP

Jul 27, 2020
#70 Would Anything Have Changed? The Use of the Failing Firm “Defense” in Merger Control.
41:24

The implications of a merger are measured against the situation without the transaction going ahead. But what happens when the business being taken over is in difficulties? Courtney Dyer of O'Melveny & Myers in Washington, DC and Nicholas Levy of Cleary Gottlieb in London join Matthew Hall and John Roberti to discuss the application of the merger control rules to failing firms, including the impact of the coronavirus pandemic. Listen to this episode to learn more about the failing firm "defense" in merger control in the U.S., EU, UK and elsewhere.

Related Links:

Summary of UK CMA’s position on mergers involving ‘failing firms’ (April 2020)

UK CMA investigation of Amazon's investment in Deliveroo (2020)

EU Guidelines on the assessment of horizontal mergers under the Council Regulation on the control
of concentrations between undertakings (2004)

U.S. DoJ and FTC horizontal merger guidelines (2010)

Hosted by:

Matthew Hall, Partner, McGuireWoods London LLP and John Roberti, Partner, Allen & Overy LLP

Jul 20, 2020
#69 Another Way to Unring the Bell? Private Litigation Challenging Consummated Merger
39:46

Private litigation over consummated merger is interesting, as such suits are rare and consummated deals are harder to challenge, as a common saying goes— you can't unscramble a scrambled egg. But have some recent developments found a new way for private litigants to challenge? Jack Martin, leading litigator in relevant cases, joins Anora Wang and John Roberti to discuss the statutes of limitations, remedy, standing, agency (in)action, and advocacy in front of a judge or a jury. Listen to this episode to learn about some lesser-known aspects of private litigation challenging consummated merger.

Related Links:

Brief for the United States of America as Amicus Curiae in Support of Appellee Steves and Sons, Inc. (August 23, 2019) (Steves & Sons, Inc. v. JELD-WEN, Inc)

Hosted by:

John Roberti, Partner, Allen & Overy LLP and Anora Wang, Associate, Winston & Strawn LLP

Jul 13, 2020
#68 What, It’s Not Only Merger Control? The Rise of Foreign Direct Investment Controls Worldwide
50:00

Rules on foreign direct investment (FDI) around the world are continually being tightened. Why is this happening, what are the new restrictions and how can companies and their advisers navigate through these rocks? Lisa Wright of Slaughter and May in London and Cal Goldman of Goodmans in Toronto join Matthew Hall and John Roberti to discuss the evolving FDI landscape in the EU, UK, Canada and elsewhere. Listen to this episode to learn more about the increasingly important area of FDI controls and how to manage the process.

Related Links:

European Commission WHITE PAPER on leveling the playing field as regards foreign subsidies (June 2020)

European Commission guidance on FDI and free movement of capital ahead of the FDI Screening Regulation (March 2020)

Regulation(EU) 2019/452 of the European Parliament and of the Council (FDI Screening Regulation) (March 2019)

UK BEIS guidance on Changes to the public interest grounds for intervention in merger cases (June 2020)

UK BEIS guidance on Changes to Turnover and Share of Supply Tests for Mergers (June 2018)


Hosted by:

John Roberti, partner, Allen & Overy LLP and Matthew Hall, partner, McGuireWoods London LLP

Jul 06, 2020
#67 How Was The Case Won? An Inside Look At The Sprint - T-Mobile Merger Trial.
41:57

Merger trials are always fascinating, and Sprint-T-Mobile was a particularly interesting and important case. How did the merging parties rebut the Government's case and convince the district court to allow the merger to proceed? Two lawyers who played a key part in engineering the defense, George Cary and Lindy Bernhardt from Cleary Gottlieb, join hosts John Roberti and Sergei Zaslavsky to provide an insider's view of this merger defense. Listen to this episode to learn about how to defend a merger when the Government has the structural presumption on its side.

Related Links:

Sprint - T-Mobile merger district court opinion

Hosted by:

John Roberti, Partner, Allen & Overy and Sergei Zaslavsky, Counsel, O'Melveny & Myers

Jun 29, 2020
#66 What Are the Ways to Lead Yourself? First Indispensable Lessons in Business and in Life.
37:24

Developing leadership skills is critical to success in the workplace and various social settings. But how does a person or an organization cultivate effective leadership?

Michelle Ray, author, educator and keynote speaker on personal and organizational leadership, joins Ricardo Woolery and John Roberti to discuss developing the leadership skills to overcome indecision, motivate others to achieve collective goals and navigate professional relationships in the modern workplace.

Listen to this episode to learn more about how good leaders motivate themselves and others, recover from mistakes, and how businesses choose effective leaders and get the best out of their employees.

Related Links:

Michelle Ray, Lead Yourself First! Indispensable Lessons in Business and in Life

Michelle Ray's website

LinkedIn, 50 Great Leadership Development Resources for Self-directed Learning

Hosted by:

John Roberti, Allen & Overy LLP and Ricardo Woolery, Skadden, Arps, Slate, Meagher & Flom LLP

Jun 22, 2020
#65 How Does Everyone Work Together? The NAAG Antitrust Task Force and State Enforcement
29:38

States play an important role in enforcing the antitrust laws in the United States. How do they work together among themselves and with federal antitrust agencies? How does the National Association of Attorneys General (NAAG) lead or facilitate relevant efforts? Sarah Oxenham Allen, Chair of the NAAG’s Antitrust Task Force, and a Senior Assistant Attorney General and Antitrust Unit Manager with the Virginia AG’s office, joins John Roberti and Anora Wang, for a discussion on the federal-state inter-agency work for antitrust enforcement. Listen to this podcast to learn more about how more than 50 antitrust enforcers in the United States work together to try to develop a coherent enforcement policy.

Related Links:

NAAG's Antitrust Committee

Hosted by:

John Roberti, Allen & Overy LLP and Anora Wang, Winston & Strawn LLP

Jun 15, 2020
#64 Where Next? Climate Change, Sustainability and EU Competition Law.
33:33

Climate change is one of the most pressing issues facing the world and responses are needed. Is antitrust/competition law part of the problem or can it be part of the solution as companies and governments react? Emma Cochrane of law firm Linklaters in London joins Matthew Hall and John Roberti to discuss the application of EU and UK competition, merger control and State aid law to climate change both now and in the future. Listen to this episode to learn more about the role that competition law may play in driving measures to slow climate change.

Related Links:

Episode 16 of Our Curious Amalgam, considering the issue under US law

Article on law and social responsibility from New York Law Journal

Article on Climate Change, Sustainability and Competition

Speech by European Commissioner for Competition Margrethe Vestager

Hosted by:

Matthew Hall, McGuireWoods London LLP, London, UK and John Roberti, Allen & Overy, Washington, D.C.

Jun 08, 2020
#63 Is It Really Free? The Economics of Digital Platforms
28:27

Digital platforms host more and more of our daily activities. Many are free and seem to cost nothing other than the users’ attention. How do we understand the economics of the “free” and its antitrust implications? Prof. John Yun, Director of Economic Education at the Global Antitrust Institute (GAI) at George Mason University, joins John Roberti and Anora Wang, for a discussion on concepts including “disutility,” “diversion ratio,” “attention market,” and “contestable market,” all put in layman’s terms. Listen to this podcast to learn more about the price of something in our daily lives that appears to be free.

Related Links:

The Global Antitrust Institute (GAI) at George Mason University

Hosted by:

John Roberti, Allen & Overy LLP and Anora Wang, Winston & Strawn LLP

Jun 01, 2020
#62 From Virtual Spring Meeting: Common Minority Interests: Major Or Minor Problem?
01:14:28

This special episode is the audio of a program that ran during the ABA Antitrust Section’s popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy!

Lawyers, economists, and regulators have continued to weigh in on the extent to which institutional investors’ holdings of minority interests in multiple competitors raise competition issues. Our panelists will discuss whether (and if so, when) such holdings actually raise potential antitrust issues and whether any such issues can be addressed by existing law.

SESSION CHAIR
Amanda NORTON, Sidley Austin LLP, Washington, DC

MODERATOR
Amanda L. WAIT, Norton Rose Fulbright US LLP, Washington, DC

SPEAKERS
Andrew C. FINCH, Paul Weiss LLP, Washington, DC
The Honorable Douglas H. GINSBURG, Senior Circuit Judge, U.S. Court of Appeals for the District of Columbia Circuit, Washington, DC
Fiona M. SCOTT MORTON, Yale University, New Haven, CT
Edith RAMIREZ, Hogan Lovells US LLP, Washington, DC

May 27, 2020
#61 From Virtual Spring Meeting: What To Expect In FTC CP Enforcement
01:02:01

This special episode is the audio of a program that ran during the ABA Antitrust Section’s popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy!

From record fines to novel theories of harm, the FTC has pursued vigorous consumer protection enforcement under Chairman Simons. This panel will discuss recent FTC enforcement and priorities, including impacts, if any, of COVID-19 on enforcement priorities, as well as in the areas of privacy, data security, marketing, advertising, and fintech, consider whether FTC enforcement has expanded in reach, and implications for future CP enforcement.

SESSION CHAIR/MODERATOR
Kay Lynn BRUMBAUGH, Chief Legal Officer & Secretary, GIACT Systems LLP, Dallas, TX

SPEAKERS
Terrell MCSWEENY, Covington & Burling LLP, Washington, DC
Christie THOMPSON, Kelley Drye & Warren LLP, Washington, DC
Serena VISWANATHAN, Acting Deputy Director, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC
Thomas F. ZYCH, Thompson Hine LLP, Cleveland, OH

May 27, 2020
#60 From Virtual Spring Meeting: Where Do Vertically Integrated Digital Platforms End?
01:05:41

This special episode is the audio of a program that ran during the ABA Antitrust Section’s popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy!

New business models centered on evolving/expanding platforms raise critical questions about inter- and intrafirm relationships. How should regulators and competitors view these firms? Are they necessary ecosystem providers or threats to competitors’ future growth and relevance? Is vertical digital platform integration welfare-enhancing or a means of restricting competition?

SESSION CHAIR/MODERATOR
Gabrielle Z.A. KOHLMEIER, Associate General Counsel, Verizon Communications, Washington, DC

SPEAKERS
Cristina CAFFARRA, Charles River Associates, Brussels
Thomas KRAMLER, Head of Unit, DG Competition, European Commission, Brussels
The Honorable Noah J. PHILLIPS, Commissioner, Federal Trade Commission, Washington, DC Craig A. WALDMAN, Jones Day, San Francisco, CA

May 27, 2020
#59 From Virtual Spring Meeting: Hot Topics
01:31:36

This special episode is the audio of a program that ran during the ABA Antitrust Section’s popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy!

Antitrust and consumer protection policy, enforcement, and litigation change every day with vital issues constantly surfacing. Take a quick look at how the past year has set the stage for the news of today and trends of tomorrow.

SESSION CHAIR / CO-MODERATOR
Brian K. GRUBE / Jones Day, Cleveland, OH

CO-MODERATOR
Renata B. HESSE / Sullivan & Cromwell LLP, Washington, DC

SPEAKERS
Olivier GUERSENT / Director-General, DG Competition, European Commission, Brussels
D. Bruce HOFFMAN / Cleary Gottlieb Steen & Hamilton LLP, Washington, DC
The Honorable Rebecca SLAUGHTER / Commissioner, Federal Trade Commission, Washington, DC
Kent WALKER / Senior Vice President, Global Affairs, Google, Mountain View, CA

May 27, 2020
#58 From Virtual Spring Meeting: Chair At The Table: Diversity In Litigation
01:41:05

This special episode is the audio of a program that ran during the ABA Antitrust Section’s popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy!

Antitrust litigation often features a low number of diverse attorneys with speaking roles in courts, as recent articles show. This panel will discuss the challenges and opportunities these groups, women in particular, face in litigation. Hear from a presiding judge, experienced litigators, and in-house counsel to learn how to navigate these issues and help grow the next generation of trial lawyers.

SESSION CHAIR/MODERATOR
Jodie M. WILLIAMS, Legal Counsel, Qualcomm Inc., San Diego, CA

SPEAKERS
The Honorable Bernice B. DONALD, Judge, U.S. Court of Appeals for the Sixth Circuit, Memphis, TN
Megan JONES, Hausfeld LLP, San Francisco, CA
Veronica S. LEWIS, Gibson Dunn & Crutcher LLP, Dallas, TX

May 27, 2020
#57 From Virtual Spring Meeting: Enforcers Roundtable
01:28:41

This special episode is the audio of a program that ran during the ABA Antitrust Section’s popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy!

Please join us for an in-depth conversation with leading competition authorities about their enforcement priorities and the transactions, investigations, and cases that are making headlines this year. The Enforcers Roundtable is always a highlight of the Spring Meeting. Don’t miss it!

SESSION CHAIR/CO-MODERATOR
Brian R. HENRY / Vice President & Senior Managing Counsel, The Coca-Cola Company, Atlanta, GA

CO-MODERATOR
Adam J. BIEGEL / Alston & Bird LLP, Washington, DC

SPEAKERS
Sarah OXENHAM ALLEN / Senior Assistant Attorney General and Antitrust Unit Manager, Office of the Attorney General, Richmond, VA
Matthew BOSWELL / Commissioner of Competition, Canadian Competition Bureau, Gatineau
The Honorable Makan DELRAHIM / Assistant Attorney General, U.S. Department of Justice, Antitrust Division, Washington, DC
The Honorable Joseph SIMONS / Chairman, Federal Trade Commission, Washington, DC
Margrethe VESTAGER / Commissioner, European Commission, Brussels

May 27, 2020
#56 From Virtual Spring Meeting: Big Tech: Too Big To Break Up?
01:33:25

This special episode is the audio of a program that ran during the ABA Antitrust Section’s popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy!

Investigations have been launched into whether Big Tech firms are violating antitrust laws, and Congress has initiated a bipartisan investigation into competition in digital markets. The panel will examine the range of outcomes that could result from the Big Tech investigations, drawing comparisons to past investigations of companies that were thought to be Too Big to Break Up.

SESSION CHAIR / MODERATOR
Anant RAUT / Director of Competition Policy, Facebook, Washington, DC

SPEAKERS
Nicholas BANASEVIC / Head of Unit, DG Competition, European Commission, Brussels
William E. KOVACIC / George Washington University, Washington, DC
Maureen K. OHLHAUSEN / Baker Botts LLP, Washington, DC

May 27, 2020
#55 From Virtual Spring Meeting: Antitrust & CP Ethics Meets Hollywood Squares
01:09:09

This special episode is the audio of a program that ran during the ABA Antitrust Section’s popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy!

This exciting, challenging, and humorous game show will examine the application of the Model Rules of Professional Responsibility to ethical questions confronting antitrust and consumer protection lawyers, and will address issues such as conflicts of interest, informed consent, multiple representation, joint defense agreements, preservation of client confidences, and others.

SESSION CHAIR/MODERATOR
Douglas M. TWEEN, Linklaters LLP, New York, NY

SPEAKERS
Patricia A. CONNERS, Deputy Attorney General, Office of the Attorney General, Tallahassee, FL Danielle S. HAUGLAND, Global Director, Business Development, Integreon, Seattle, WA
Eric M. MEIRING, Winston & Strawn LLP, Washington, DC
Patrick S. THOMPSON, Perkins Coie LLP, San Francisco, CA

May 27, 2020
#54 From Virtual Spring Meeting: Virtual Spring Keynote Featuring Dr. Jeff Chen: Cannabis, Competition and Consumer Protection
01:02:15

This special episode is the audio of a program that ran during the ABA Antitrust Section’s popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy!

Please join us for a TED-talk style keynote from a recognized physician expert from the UCLA Cannabis Research Initiative discussing the latest on the science and structure of the explosive cannabis and CBD industries, which are raising challenging competition, consumer protection, and regulatory issues across the country.

MODERATOR
Kathleen E. FOOTE, Senior Assistant Attorney General & Antitrust Chief, Office of the Attorney General, San Francisco, CA

SPEAKER
Jeff CHEN, MD/MBA and Director of the University of California Los Angeles Cannabis Research Initiative, Jane and Terry Semel Institute for Neuroscience and Human Behavior, Los Angeles, CA

May 27, 2020
#53 From Virtual Spring Meeting: Briefing with the State Enforcers
01:05:27

This special episode is the audio of a program that ran during the ABA Antitrust Section’s popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy!

State Attorneys General play a crucial role in enforcing state and federal antitrust and consumer protection laws. Join our panelists who represent antitrust and consumer protection bureaus from across the country as we discuss recent enforcement activities and the ongoing missions of state enforcement agencies.

SESSION CHAIR/SPEAKER
Gwendolyn J. COOLEY, Assistant Attorney General, Office of the Attorney General, Madison, WI

MODERATOR
William C. MACLEOD, Kelley Drye & Warren LLP, Washington, DC

SPEAKERS
Paula BLIZZARD, Deputy Attorney General, Office of the Attorney General, San Francisco, CA
Stacie LAMBERT DEBLIEUX, Assistant Attorney General, Office of the Attorney General, Baton Rouge, LA
Kathleen KONOPKA, Deputy Attorney General, Office of the Attorney General of the District of Columbia, Washington, DC

May 27, 2020
#52 From Virtual Spring Meeting: Agency Update with the FTC Bureau Directors
01:16:26

This special episode is the audio of a program that ran during the ABA Antitrust Section’s popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy!

You won’t want to miss this annual session where you will hear directly from the Federal Trade Commission Directors of the Bureau of Competition, Bureau of Consumer Protection, and Bureau of Economics about the latest in antitrust and consumer protection enforcement and policy initiatives.

SESSION CHAIR
Shylah R. ALFONSO, Perkins Coie LLP, Seattle, WA

MODERATOR
Jonathan I. GLEKLEN, Arnold & Porter, Washington, DC

SPEAKERS
Ian R. CONNER, Director, Bureau of Competition, Federal Trade Commission, Washington, DC Andrew SMITH, Director, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC Andrew SWEETING, Director, Bureau of Economics, Federal Trade Commission, Washington, DC

May 27, 2020
#51 How Does This Pay? Understanding the Role of Litigation Funding
39:52

Litigation funding (also known as third party funding or litigation finance) is funding provided by a third party unconnected to the litigation (or arbitration) in order to finance all or part of the legal and other costs arising, in return for a share of any proceeds. But how does litigation funding change the nature of the litigation game, both in the United States and United Kingdom? Rosemary Ioannou, Regional Managing Director, UK, Vannin Capital, and Andrew Woltman, Founder & Managing Director, Statera Capital join Matthew Hall and John Roberti to explain how litigation funding changes the litigation game. Listen to this episode to learn more about the impact of future of litigation funding, including how it turns claims into assets.

Related Links:

Association of Litigation Funders (UK)

Hosted by:

John Roberti, Allen & Overy LLP and Matthew Hall, McGuireWoods London LLP

May 25, 2020
#50 Can Robots Collude? Understanding the Competition Implications of AI
27:30

Companies are increasingly relying on artificial intelligence technologies to guide product pricing, output and innovation decisions.

But does this practice raise antitrust enforcement concerns?

Kelly Smith Fayne, a San Francisco-based antitrust lawyer, joins Ricardo Woolery and John Roberti to discuss how the use of artificial intelligence impacts enforcement of collusive conduct that harms consumers.

Listen to this episode to learn more about the enforcement risks artificial intelligence raises for companies as well as the challenges and tools it presents for antitrust enforcers.

Related Links:

Karen Silverman, Kelly Smith Fayne, Timothy Snyder, “Antitrust Intelligence: Six Tips for Talking to AI Developers about Antitrust" 

Bruce Hoffman (2018), "Competition and Consumer Protection Implications of Algorithms, Artificial Intelligence, and Predictive Analytics"

OECD (2017), "Algorithms and Collusion: Competition Policy in the Digital Age" 

Hosted by:

John Roberti, Partner, Allen & Overy LLP and Ricardo Woolery, Associate, Skadden, Arps, Slate, Meagher & Flom LLP

May 18, 2020
#49 How Are They Doing? Assessing the State of Competition Law Enforcement by the U.S. Antitrust Agencies
46:29

In our democracy, it is critical for the government to be held accountable for how it performs its mission. Has enforcement by the U.S. antitrust agencies diminished and how has that impacted competition? Diana Moss and Randy M. Stutz, AAI's Vice President of the American Antitrust Institute join John Roberti and Anora Wang, for a discussion of AAI's report assessing the state of the antitrust enforcement, in the context of current competitive conditions. Listen to this episode to learn more about the state of competition law enforcement from the perspective of a pro-enforcement organization.

Related Links:

Antitrust Enforcement Report

Hosted by:

Anora Wang, Winston & Strawn LLP and John Roberti, Allen & Overy LLP

May 11, 2020
#48 How Do You Get to The Final Yes? The Art and Science of Settling Antitrust Class Actions
32:37

In the antitrust bar, there are many litigations but few trials. Many antitrust cases are settled and some of the highest damages are obtained through class actions. In practice, how do antitrust class actions settle and what's involved in the process? What are some important actors and tools in reaching the settlement?

Megan Jones, partner at the law firm Hausfeld, speaks with John Roberti and Anora Wang about the risks on both sides in a settlement and the difficulties to get to a common place. Listen to this episode to learn about the ways to successfully settle antitrust class actions.

Hosted by:

John Roberti, Partner, Allen & Overy LLP and Anora Wang, Associate, Winston & Strawn LLP

May 04, 2020
#47 Sequences & Sparks: Life Sciences Innovation Mergers
01:13:49

Recent economic research has examined potential killer acquisitions in the U.S., and regulators here and abroad have expressed competition concerns about acquisitions of startups. But innovation is a difficult and uncertain process. This panel explores hot topics, patent thickets, biologics, and the revamped UK CMA approach in a broader discussion of the renaissance of innovation theories of harm.

SESSION CHAIR / MODERATOR / SPEAKER
E. Bill BATCHELOR / Skadden Arps Slate Meagher & Flom LLP, Brussels

SPEAKERS

  • Deborah FEINSTEIN / Arnold & Porter, Washington, DC
  • W. Robert MAJURE / Cornerstone Research, Washington, DC
  • James R. WEISS / Deputy Assistant Director, Mergers I, Federal Trade Commission, Washington, DC
May 01, 2020
#46 Antitrust, IP & Trade Wars
01:10:59

Antitrust interfaces with both international trade and intellectual property in complex ways. Multinational companies often face challenges that involve all three areas, while law firm practice groups tend to be siloed. This program brings together antitrust and trade experts who will explore these issues, as well as the unfair competition mandate of the International Trade Commission.

SESSION CHAIR / MODERATOR
D. Daniel SOKOL / White & Case LLP, Miami, FL

SPEAKERS

  • H. Stephen HARRIS / Winston & Strawn LLP, Washington, DC
  • Youngjin JUNG / Kim & Chang LLP, Seoul
  • Shuli RODAL / Osler Hoskin & Harcourt LLP, Toronto
  • Laurent RUESSMANN / FieldFisher LLP, Brussels
Apr 30, 2020
#45 Honest Broker Or Advocate: Effective Expert Testimony
01:15:02

It has been said that conflicting expert testimony merely “cancels” each expert out: that experts can lose, but not win, a case. Are these mantras valid? What are the secrets to effective expert testimony? What mixture of “honest broker” and “advocacy” is the right one? Is the expert a “narrator” of facts or a hammer for ultimate issues?

SESSION CHAIR / MODERATOR
Ian SIMMONS / O’Melveny & Myers LLP, Washington, DC

SPEAKERS

  • Belinda S. LEE / Latham & Watkins LLP, San Francisco, CA
  • Robert MANESS / Charles River Associates, College Station, TX
  • Scott A. MARTIN / Hausfeld LLP, New York, NY
  • Lauren STIROH / NERA Economic Consulting, White Plains, NY
Apr 29, 2020
#44 The Great Divide? Diverging State / Federal Enforcement
01:22:47

During this time of unprecedented divergence between state and federal antitrust enforcers, the panel will examine the legal framework and context for different investigation and enforcement perspectives, recent cases and settlements, and how to navigate investigations, negotiations, or enforcement actions where the procedural posture or relief sought by federal and state enforcers differs.

SESSION CHAIR / MODERATOR
Melanie A. HALLAS / Assistant Vice President – Senior Legal Counsel, AT&T Services, Incorporated, Washington, DC

SPEAKERS

  • Michael COWIE / Dechert LLP, Washington, DC
  • David I. GELFAND / Cleary Gottlieb Steen & Hamilton LLP, Washington, DC
  • Elinor R. HOFFMANN / Acting Chief, Antitrust Bureau, Office of the Attorney General, New York, NY
  • Amanda P. REEVES / Latham & Watkins LLP, Washington, DC
Apr 29, 2020
#43 No-poach: Assessing Risk In Uncertain Seas
01:14:25

No-poach agreements remain uncertain territory. This panel will take a practical look at the challenges in assessing risk and counseling clients regarding these agreements, including the applicable standard of review, risks of proof at trial, harm and injury, and prosecutorial discretion.

SESSION CHAIR / MODERATOR
Adam HEMLOCK / Weil Gotshal & Manges LLP, New York, NY

SPEAKERS

  • Mark H. HAMER / Baker McKenzie LLP, Washington, DC
  • Dean M. HARVEY / Lieff Cabraser Heimann & Bernstein LLP, San Francisco, CA
  • Susan A. MUSSER / Hogan Lovells US LLP, Washington, DC
  • Rahul RAO / Assistant Attorney General, Antitrust Division, Office of the Attorney General, Seattle, WA
Apr 28, 2020
#42 Consumer Protection Year In Review
01:00:05

This past year was a year full of important developments for regulators and self-regulators on cutting-edge domestic and international consumer protection enforcement issues, including native advertising, endorsements, consumer reviews used for claims substantiation, privacy, data security, and more. Hear from experts and the people in the trenches regarding current enforce- ment and policy priorities and initiatives.

SESSION CHAIR/MODERATOR/SPEAKER
Deon WOODS BELL, Senior International Attorney - Counsel for International Consumer Protection and Data Privacy, Federal Trade Commission, Washington, DC

SPEAKERS

  • Joanna BOLTON, Legal Director, Dell Inc., Washington, DC
  • Gustav W. EYLER, Director, Consumer Protection Branch, U.S. Department of Justice, Civil Division, Washington, DC
  • Anahid UGURLAYAN, Assistant Director of Communications, National Advertising Division, Better Business Bureau National Programs, Inc., New York, NY
Apr 27, 2020
#41 U.S. Privacy Law’s Future: Pandemic Impacts?
01:14:17

This panel will discuss the status of federal and state privacy legislation and other policy proposals in the United States, and how they may shift in the wake of the pandemic. How does the balance between privacy and other social welfare interests shift in a crisis? Will privacy enforcement priorities shift? Will there be a stronger push for harmonization with foreign privacy laws and policies?

SESSION CHAIR/MODERATOR
Christopher N. OLSEN, Wilson Sonsini Goodrich & Rosati, Washington, DC

SPEAKERS

  • Maneesha MITHAL, Associate Director, Division of Privacy and Identity Protection, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC
  • Alison PEPPER, Senior Vice President, American Association of Advertising Agencies, Washington, DC
  • Jessica RICH, Attorney, Washington, DC
  • Lee TIEN, Senior Staff Attorney & Adams Chair for Internet Rights, Electronic Frontier Foundation, San Francisco, CA
Apr 24, 2020
#40 Merger Analysis Gone Digital: Time To Reboot?
01:18:11

Antitrust enforcers are facing calls for more active merger enforcement, particularly in the tech sector. Is more enforcement necessary? If so, are existing antitrust concepts and tools up to the task? For nascent acquisitions, how can competitive effects be assessed including impact on innovation or ability to disrupt, and what remedies should or could be considered for prior acquisitions?

SESSION CHAIR/MODERATOR
Haidee L. SCHWARTZ, Akin Gump Strauss Hauer & Feld LLP, Washington, DC

SPEAKERS

  • Foad HOSEINIAN, Sullivan & Cromwell LLP, Brussels
  • Diana L. MOSS, President, American Antitrust Institute, Washington, DC
  • Carl SHAPIRO, Charles River Associates, Berkeley, CA
  • The Honorable Christine S. WILSON, Commissioner, Federal Trade Commission, Washington, DC
Apr 23, 2020
#39 Big Data As An Antitrust Issue
01:06:10

This past year saw an increasing number of jurisdictions around the world opening investigations or taking enforcement actions involving Big Data. Has data become the new oil that drives the global economy? Is Big Data no longer just the province of consumer protection? What role should data play in antitrust analyses of mergers or business conduct? What role should antitrust have in regulating Big Data?


SESSION CHAIR/MODERATOR
Ankur KAPOOR, Constantine Cannon LLP, New York, NY

SPEAKERS

  • Vandy M. HOWELL, Cornerstone Research, San Francisco, CA
  • Andreas MUNDT, President, Bundeskartellamt, Bonn
  • The Honorable W. Kenneth PAXTON, Attorney General, Office of the Attorney General, Austin, TX
  • Peter SWIRE, Alston & Bird LLP, Atlanta, GA
Apr 22, 2020
#38 Whatever Happened To Global Cartel Enforcement?
01:06:13

Until recently, global cartel investigations dominated the headlines, and it seemed clear that coordinated international enforcement would be the wave of the future. But with the recent decline in blockbuster investigations, many question whether this trend has played itself out and, if so, what lies in store.

SESSION CHAIR/MODERATOR
J. Brent JUSTUS, McGuireWoods LLP, Richmond, VA

SPEAKERS

  • Heather S. NYONG’O, WilmerHale LLP, San Francisco, CA
  • Lisa M. PHELAN, Morrison & Foerster LLP, Washington, DC
  • Marisa TIERNO CENTELLA, Deputy Head of Unit Cartels, European Commission, Brussels
  • Atsushi YAMADA, Anderson Mori & Tomotsune, Tokyo
Apr 21, 2020
#37 Are You Hipster Enough? The New Brandeis School of Antitrust and How It's Changing the Agenda
31:07

In recent years, the consumer welfare standard has been heavily criticized by some as too weak or simply inadequate to address the complex antitrust issues raised by the modern economy. But what alternatives exist? Tim Wu, author of The Curse of Bigness: Antitrust in the New Gilded Age and Julius Silver Professor of Law, Science and Technology at Columbia Law School, joins Christina Ma and John Roberti to discuss what hipster antitrust is and its potential for reshaping how we think about the consumer welfare standard or replacing it. Listen to this episode if you want to think critically about the changes needed, if any, to antitrust policy.

Related Links:

https://www.law.columbia.edu/news/2018/11/tim-wu-curse-of-bigness-antitrust

https://www.wired.com/story/tim-wu-says-us-must-enforce-antitrust-laws/

Hosted by:

Christina Ma, Associate, Wachtell Lipton and John Roberti, Partner, Allen & Overy

Apr 13, 2020
#36 Is Your Assistant Spying on You? Understanding the Privacy Law Issues Involving In-Home Assistants
26:58

Smart speakers are becoming more and more popular. What laws might come in play facing increasing privacy concerns in the use of smart home devices?

Join Phyllis H. Marcus, Co-Chair of the ABA Antitrust Law Section’s Privacy and Information Security Committee, former Chief of Staff for advertising practices at the Federal Trade Commission, and currently a partner at the law firm Hunton Andrews Kurth, as she speaks with John Roberti and Anora Wang about the privacy concerns over using smart devices and possible legal issues and solutions. Listen to this episode to learn more about actions the enforcers might be taking or considering while more homes are “connected.”

Related Links:

2019 bill introduced in Congress (The Internet of Things Cybersecurity Improvement Act) to set a minimum security standard for the Internet-of-Things (IoT) devices procured by the federal government

California law regulating security of "connected devices"

Oregon law regulating security of "devices connected to the Internet"

Hosted by:

John Roberti, Partner, Allen & Overy LLP and Anora Wang, Associate, Winston & Strawn LLP

Apr 06, 2020
#35 What Is the Competitive Drug Price? Understanding Drug Pricing and Competition in Europe
38:24

The pricing of pharmaceuticals, and in particular whether prices are "too high" or “excessive”, is a contentious topic in the EU, as elsewhere. What is "excessive" in this context and what other antitrust arguments are used in this key sector? Paul Csiszar, Director, European Commission, DG Competition and Bill Batchelor, Partner, Skadden, Arps, Slate, Meagher & Flom LLP join Matthew Hall and John Roberti to discuss recent cases and policy directions, including several cases based on allegations of abuse of dominance by pharmaceutical companies. Listen to this episode to learn more about how EU competition/antitrust law can be one part of the toolbox available to investigate and deal with the issue of excessive pricing in pharmaceuticals.

Related Links:

European Commission opens formal investigation into Aspen Pharma's pricing practices for cancer medicines

UK Competition and Markets Authority: Phenytoin sodium capsules: suspected unfair pricing

European Court of Justice: Case C-307/18 Generics (UK) and Others

UK Competition and Markets Authority: Remicade: alleged abusive discount scheme

Hosted by:

John Roberti, Partner, Allen & Overy, LLP and Matthew Hall, Partner, McGuireWoods London LLP

Mar 30, 2020
#34 What Changes Across the Northern Border? Five Key Differences Between US and Canadian Antitrust Law
37:51

Just across our Northern Border lies over 500,000 square miles of Arctic tundra and a very robust antitrust regime equipped to weather the varied challenges facing antitrust practitioners today. But what are the difference with the U.S. antitrust laws and enforcement regime? Huy Do, Partner at Fasken and Chair of the Competition Law Section of the Canadian Bar Association, walks us through five key differences between U.S. and Canadian antitrust law and jurisprudence. Listen to this episode if you want to learn more about the nuances in practicing cross-border North American competition law.

Related Links:

Doing Business in Canada: Competition Act and Law in Canada

Hosted by:

John Roberti, Partner, Allen & Overy and Christina Ma, Associate, Wachtell Lipton

Mar 23, 2020
#33 Can I Just Disappear? The Privacy Right to Be Forgotten.
32:24

In Europe, the right to privacy is considered a basic and fundamental human right, and allows individuals to request that personal data about themselves be erased or deleted - what has been termed the “right to be forgotten.” How do European privacy rights compare with American ones, and will there ever be an American “right to be forgotten” similar to the one in Europe? Data protection law experts Melanie Teplinsky and Mehboob Dossa join Kayla Odom and John Roberti to discuss how this right is being exercised in the EU and to explore from both American and European perspectives how the individual’s right to privacy can be balanced with the public’s right to access. Listen to this episode to learn more about how the principles of privacy law differ across the Atlantic, and how they can be harmonized.

Related Links:

EU General Data Protection Regulation (“GDPR”), Article 17, Right to Erasure (‘Right to be Forgotten’) (effective May 2018)

Court of Justice of the European Union, Press Release No. 112/19, Google LLC v. Commission nationale de l’informatique et des libertés (CNIL) (Sept. 24, 2019)

Court of Justice of the European Union, Press Release No. 128/19, Eva Glawischnig-Piesczek v. Facebook Ireland Limited (Oct. 3, 2019)

U.S. Children’s Online Privacy Protection Rule (“COPPA”)

California “Eraser Button Law” (SB 586) (effective January 1, 2015)

California Consumer Privacy Act (“CCPA”)

Hosted by:

John Roberti, Partner, Allen & Overy and Kayla Odom, Associate, Freitas & Weinberg

Mar 16, 2020
#32 Is There Choice in Cheer? Considering Market Competition in Competitive Cheering
32:53

Interest in all-star cheer has exploded over the past decade, and the sport is fast becoming one of the most popular around the globe. But are there competition law issues in competitive cheer? Matt Stoller, author and commentator on the history and politics of monopoly power, joins Danielle Haugland and John Roberti to discuss competitive forces within the industry and how consumers (and kids) may be paying the price for dominance. Listen to this episode if you want to learn more about antitrust analysis in unexpected places.

Related Links:

https://mattstoller.substack.com/

Hosted by:

Danielle Haugland, Global Director, Business Development Integreon and John Roberti, Allen & Overy LLP

Mar 09, 2020
#31 Why the Pushback? Understanding the Policy Challenges to the eBooks Enforcement Case.
33:59

The United States v. Apple “eBooks” case was very strong in doctrinal terms—it involved a horizontal price-fixing cartel with overwhelming evidence proving the conspiracy and the harm it caused, and to antitrust lawyers it was a case that the government couldn’t lose. If it is true that Americans believe in markets and competition, then the case should have had strong support. But to the broader public it was not an easy case at all, and Apple and the publishing company defendants found supporters all across the political spectrum. Chris Sagers, distinguished professor and author of United States v. Apple: Competition Policy in America, joins us in taking a closer look at the eBooks case and the public’s perception of the role of antitrust laws.

Related Links:

Chris Sagers, United States v. Apple: Competition in America (Harvard University Press, Sept. 17, 2019)

United States v. Apple, Inc., 952 F. Supp. 2d 638 (S.D.N.Y 2013)

United States v. Apple, Inc., 791 F.3d 290 (2d Cir. 2015)

More from our guest, Chris Sagers


Hosted by:

John Roberti, Allen & Overy LLP and Kayla Odom, Freitas & Weinberg LLP

Mar 02, 2020
#30 How Do I Build It? Practical Tips for Expanding Your Network.
33:40

How can you build your network in the complex field of antitrust law? And where do you find the time and energy to do it? Join Karen Wickre, author of Taking the Work Out of Networking: An Introvert’s Guide to Making Connections That Count, as she speaks to Deona Kalala and John Roberti about how to integrate social media into your daily practice. Listen to this program if you want to learn more about using social media and other tools at your disposal to build your brand within our competitive field.

Related Links:

https://karenwickre.com/

Hosted by:

Deona Kalala, Alston & Bird LLP and John Roberti, Allen & Overy LLP

Feb 24, 2020
#29 What Does a Price Fixer Look Like? Understanding the Profile of Criminal Antitrust Defendants
35:32

Every year, US prosecutors charge dozens of people for price-fixing. Who are these people? What drives them to price-fix? And why are almost all of them men? Two former DOJ antitrust prosecutors Anna Pletcher and Heather Nyong’o tell us what price fixers have in common, the one woman price-fixing defendant they prosecuted, and what we can do to counter corporate cultures prone to price-fixing.

Related Links:

The Fortune 500 Has More Female CEOs Than Ever Before
Q&A with Lisa Phelan

Hosted by:

John Roberti, Partner, Allen & Overy LLP and Tammy Zhu, Legal Counsel, Medallia, Inc.

Feb 17, 2020
#28 Why All is Not Fair? Four Tips for Complying with Established FTC Advertising Principles.
32:19

What are some common legal traps in advertising? Enforcers at the FTC have good ways to describe them—and they all rhyme—illustrated with some intriguing examples from real ads.

Lesley Fair, a senior attorney at the FTC’s Bureau of Consumer Protection, speaks with John Roberti and Anora Wang about how ads can run afoul of the FTC Act and offers tips on how advertisers can comply.

Listen to learn about the “perception deception,” “proof goof,” “disclosure delusion,” and “tech trap.”

Related Links:

Advertising FAQ's: A Guide for Small Business

Hosted by:

John Roberti, Partner, Allen & Overy LLP and Anora Wang, Associate, Winston & Strawn LLP

Feb 10, 2020
#27 Why Does it Matter? The Role of Big Data in Antitrust.
35:06

The relationship between Big Data and Antitrust has been a hot topic recently. In this episode, University of Florida Law Professor and White & Case Senior Advisor Daniel Sokol talks with hosts John Roberti and Sergei Zaslavsky about this important subject, combining his genuine expertise, eclectic erudition, and unique panache. Any Big Data podcast can provide an explanation of the four Vs and network effects; this one mixes in Fiddler on the Roof, Woody Allen, Werner Herzog, and Joseph Schumpeter's thesis advisor. Listen to this episode for an engaging conversation that is educational and entertaining in equal measure.

Related Links:

The Four Vs of Big Data

Daniel Sokol and Roisin Comerford, Antitrust and Regulating Big Data

Hosted by:

John Roberti, Partner, Allen & Overy and Sergei Zaslavsky, Counsel, O'Melveny & Myers

Feb 03, 2020
#26 What's the Impact? The Role of Economists in Explaining Injury and Impact in Competition Cases.
29:18

What is the role of an economist in identifying harm? ABA Antitrust Law Section Economics Co-Chair Dr. Laila Haider talks to Christina Ma and John Roberti about the role of economists in antitrust matters and their particular importance in identifying harm to consumers. Listen in to this episode to learn more about how economists and lawyers work together on cases. There will be no math on the test.

Hosted by:

Christina Ma, Associate, Wachtell Lipton and John Roberti, Partner, Allen & Overy LLP

Jan 27, 2020
Breaking News Special: Draft Vertical Merger Guidelines
32:12

On January 10, the Federal Trade Commissions and the Department of Justice released Draft Vertical Merger Guidelines. In this Breaking News Special, ABA Antitrust Law Section Mergers Committee Co-Chairs Michael Keeley and Joanna Tsai join hosts John Roberti and Sergei Zaslavsky to share their initial reactions to the Guidelines. Listen to this episode to learn about vertical theories of harm, quasi safe harbors, and EDM (hint - it's not electronic dance music).

Related Links:

Draft Vertical Merger Guidelines

Hosted by:

John Roberti, Partner, Allen & Overy and Sergei Zaslavsky, Counsel, O'Melveny & Myers

Jan 21, 2020
#25 Are You Paying The Right Drug Price? The Role of Antitrust in Prescription Drug Pricing.
29:51

Are prescription drug prices too high and can antitrust and competition law be used to regulate the “right” price? NYU professor Harry First and Lauren Rackow will talk to John Roberti and Ricardo Woolery about the recent trend of increasing prescription drug prices, whether the “right” price exists, and whether antitrust and competition law have tools to regulate these prices. Listen to this episode to learn more about how competition experts think about high drug prices and calls for greater antitrust and competition law enforcement to regulate them.

Related Links:

Harry First, Excessive Drug Pricing as an Antitrust Violation, 82 Antitrust Law Journal 701 (2019)

U.S. Dep't of Justice, Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act, Chapter 1 (2008) 

A Brief Overview of the Federal Trade Commission's Investigative, Law Enforcement, and Rulemaking Authority, Section II(2)

Overview of Article 102 of the Treaty on the Functioning of the European Union

Hosted by:

John Roberti and Ricardo Woolery

Jan 20, 2020
#24 What the Oyez? The Current Supreme Court and Antitrust
32:07

The U.S. Supreme Court is no stranger to antitrust law. Jaime Santos, a partner in Goodwin Procter's appellate group, joins Christina Ma and John Roberti to explore recent Supreme Court antitrust cases, including FTC v. Actavis, Ohio v. American Express, and Apple v. Pepper. Listen to this episode to learn more about how the changing Supreme Court bench is likely to impact antitrust cases in the years to come.

Related Links:

Apple v. Pepper SCOTUS decision 

Ohio v. American Express SCOTUS decision 

FTC v. Actavis SCOTUS decision 

FTC/DOJ Rift Over Qualcomm

Hosted by:

Christina Ma, Associate, Wachtell Lipton and John Roberti, Partner, Allen & Overy LLP

Jan 13, 2020
#23 How Do You Connect to Lead? Using Social Media to Enhance Your Practice
24:57

Social media is convenient and gets people connected, but how can the legal profession use it effectively, and for what purposes? Should lawyers try to be influencers? Marketing professionals Nancy Myrland & Valentina Escobar-Gonzalez speak to John Roberti and Anora Wang about how lawyers, economists, and scholars alike can use social media in personal branding, reaching out to desired audiences, and more. Listen to this episode to learn how to use social media to enhance your practice and become a leader.

Related Links:

Mark Schaefer on "Only We"

Hosted by:

John Roberti, Partner, Allen & Overy LLP (Washington DC office) and Anora Wang, Associate, Winston & Strawn LLP (Washington DC office)

Jan 06, 2020
#22 Is the Price Right? Understanding Price Vertical Restraints in the United States.
26:27

U.S. law involving the enforcement of vertical price restraints has softened in the last 10 years. But that does not mean that they are not traps that must be avoided. John David Evans, the chair of the Pricing Conduct Committee at the Antitrust Law Section, speaks to John Roberti and Elyse Dorsey about where the lines are regarding companies enforcing pricing policies down the chain of distribution. Listen to this program if you want to learn more about the risks of vertical pricing policies.

Related Links:

ABA Pricing Conduct Committee 

Hosted by:

John Roberti, Allen & Overy LLP and Elyse Dorsey, Federal Trade Commission

Dec 23, 2019
#21 How Far Can I Go? EU Competition Law and Distribution
31:12

The European Commission has dramatically increased its level of competition law enforcement against vertical agreements. Distribution agreements have in particular been in the spotlight, but other arrangements such as licensing are also at risk. The focus is on ensuring that manufacturers and licensors do not unreasonably ban or restrict online selling and is replicated at national level in the EU. Jennifer Marsh, a London-based partner with law firm K&L Gates discusses the recent cases and their implications with Matthew Hall of McGuireWoods and John Roberti of Allen & Overy.

Hosted by:

Matthew Hall of McGuireWoods and John Roberti of Allen & Overy

Dec 23, 2019
#20 Do You Understand the Game? Competition Law and E-sports.
28:42

There is a long history of competition law impacting sports, from the early days of the baseball exemption to the antitrust laws to present-day amateur athletic challenges. But how do these rules apply to e-gaming, which has many elements of physical sports but with other aspects thrown in? In this episode, Derek Ludwin and Alex Simon speak with John Roberti and Michele Lee about the competition law issues raised by e-gaming and the new challenges they bring. Listen to this episode to learn more about the nuance of sports competition law applied in an innovative context.

Related Links:

Note on E-Sports and Antitrust

Link to the ABA Antitrust Law Section Trade, Sports and Associations homepage

Hosted by:

John Roberti, Allen & Overy LLP and Michele Lee, Twitter

Dec 16, 2019
#19 So What’s The Loss? An Economist’s Take on Private Antitrust Litigation Outside the U.S.
34:47

The amount of private antitrust litigation outside the U.S. continues to increase dramatically. This is no longer confined to the traditional jurisdictions of the UK, Germany and the Netherlands, but is now worldwide. Follow-on claims, which rely on a regulatory decision to prove an infringement, and stand-alone claims, where the infringement must be shown, are common. In the EU, virtually every cartel decision by a regulator is now followed by a damages claim from customers. However, cartel damages claims are far from the only types of claim being brought. Mat Hughes, a leading London-based economist with AlixPartners, discusses the key issues raised when valuing and arguing loss in private antitrust litigation outside the U.S., from both the claimants’ and defendants’ points of view.

Hosted by:

John Roberti, Allen & Overy LLP and Matthew Hall, McGuireWoods London LLP

Dec 09, 2019
#18 What Do the Numbers Say? Using Data as a Cartel Compliance Tool
31:29

Developing a robust and effective corporate compliance program can be daunting. Given the sheer size of many enterprises, it is necessary to make choices about how to apply resources. Data can help companies to make good choices and also to make their compliance programs more effective by allowing for better modeling. In this episode, Liban Jama and Chris Wall speak with John Roberti and Wendy Huang Waszmer about how companies can use data that is in their systems. Listen to this episode to learn more about how to design a more effective compliance program.

Related Links:

AAG Speech on Compliance

DOJ Antitrust Division Corporate Compliance Guidance 

Hosted by:

Wendy Waszmer, Wilson Sonsini Goodrich & Rosati and John Roberti, Allen & Overy LLP

Dec 02, 2019
#17 What's the State of Things: 3 Things I Keep, 3 Things I Change (with Diana Moss)
35:49

In our “Three to Keep, Three to Change” series, we ask antitrust thought leaders a simple yet provocative question. What three things do you like about antitrust law and would keep, and what three things would you change? In this episode, Diana Moss--an economist, former regulator, and current President of the American Antitrust Institute--speaks with John Roberti and Tammy Zhu about the states' challenge of the T-Mobile/Sprint merger, gender diversity in antitrust law, role of economists in a shifting antitrust landscape, and more. Listen to this episode for an entertaining and wide-ranging discussion of everything from the role of antitrust enforcement in digital platforms to "verticalization."

Related Links:

Merger Enforcement Big Tech
CVS Aetna AAI Letter
AAI USAir AA Efficiencies

Hosted by:

John Roberti, Partner, Allen & Overy LLP and Tammy Zhu, Legal Counsel, Medallia

Nov 25, 2019
#16 When Is Doing Good Bad? Antitrust in Social Responsibility Agreements.
32:57

Companies today are increasingly concerned with social responsibility issues, including environmental and supply chain labor, and trying to find ways to engage more responsibly. What are the antitrust lines they should watch out for if they want to pursue industry-wide solutions? Melissa Maxman, partner at Cohen & Gresser and chair of the Antitrust Law Section's Exemptions and Immunities Committee, talks about how agreements to do good can go bad under the antitrust laws. Listen to this episode if you want to learn about how to draw the lines to ensure compliance.

Related Links:

Article on investigation into California emissions

FTC Blog post, Doing Good Well

FTC Staff Report on the Noerr-Pennington Doctrine

Hosted by:

John Roberti, Allen & Overy LLP and Elyse Dorsey, Federal Trade Commission

Nov 18, 2019
#15 Why the Techlash? Antitrust Policy and Big Tech.
26:51

Whether antitrust enforcement against Big Tech is sufficient has been a hot topic in the antitrust world and on Capitol Hill. In this episode, Hal Varian, an industrial organization and information economics scholar and the Chief Economist at Google, speaks with John Roberti and Sergei Zaslavsky about popular attitudes toward Big Tech, the evidence that populist critics of Big Tech may be overlooking, and what historical trends can tell us about the current state of competition in the tech sector. Listen to this episode for a discussion of Big Tech that touches on everything from entry conditions to data portability to coffee in government meetings.

Related Links:

List of Alphabet acquisitions

Data Transfer Project

Hosted by:

John Roberti, Partner, Allen & Overy and Sergei Zaslavsky, Counsel, O'Melveny & Myers

Nov 11, 2019
#14 What’s The State of Things: 3 Things I Keep, 3 Things I Change (with Josh Wright)
40:56

In our “Three to Keep, Three to Change” series, we ask antitrust thought leaders a simple yet provocative question. What three things do you like about antitrust law and would keep, and what three things would you change? In this episode, law and economics scholar and former FTC Commissioner Josh Wright speaks with John Roberti and Sergei Zaslavsky about independent economic analysis at the FTC, merger retrospectives, the value of dissents, the use of presumptions in merger cases, and more. Listen to this episode for an entertaining and wide-ranging discussion of everything from agency clearance battles to wrestling holds.

Related Links:

Edith Ramirez Speech on FTC Merger Retrospectives

Josh Wright Ardagh Dissent

Josh Wright Dollar Tree Dissent

Hosted by:

John Roberti, Allen & Overy and Sergei Zaslavsky, O'Melveny & Myers

Nov 04, 2019
#13 Is Your Compliance Program Designed to Detect Violations? Department of Justice's Criminal Enforcement Guidance
31:41

Corporate criminal investigations can be enterprise threatening due to the significant fines, criminal prosecution of company executives, and potential follow-on litigation. For years, companies have invested in corporate compliance programs and now are evaluating the effectiveness of these programs in light of new DOJ guidance. In this episode, Richard Powers and Eyitayo ("Tee") St. Matthew-Daniel speak with John Roberti and Wendy Huang Waszmer about how companies can design a compliance program to detect violations. Listen to this episode to learn more about DOJ's compliance guidance.

Related Links:

Remarks as Prepared for Delivery
Guidance Document

Hosted by:

John Roberti, Allen & Overy and Wendy Huang Waszmer, Wilson Sonsini Goodrich & Rosati

Oct 28, 2019
#12 Who is Watching the Ads? The Biggest Mistakes Advertisers Make that Trigger Investigations.
35:47

How do advertising investigations come to be and how can they be prevented? Our guest, Chris Cole, is an expert in advertising law and has helped numerous companies get through these investigations. Chris will talk to John Roberti and Ricardo Woolery about the different types of investigations and how they come to be. Listen to this episode to learn more about the different types of advertising investigations and the steps that can be taken to avoid them.

Related Links:

National Advertising Division

International Association of Better Business Bureaus

Federal Trade Commission's Consumer Sentinel Network

Federal Trade Commission, Division of Advertising Practices

Hosted by:

John Roberti, Partner, Allen & Overy LLP and Ricardo Woolery, Associate, Skadden, Arps, Slate, Meagher & Flom LLP

Oct 21, 2019
#11 How Do You Put the Bricks Together? Evidence that Makes a Difference at Merger Trials
21:29

One of the highest stake antitrust cases are merger trials. Katrina Robson speaks with John Roberti and Anora Wang about putting together the evidence and telling a compelling story in merger trials, and what makes a difference.

In merger trials, putting together the evidence and telling a compelling story is critical. Our guest, Katrina Robson, has been involved in a number of merger trials. In this episode, she speaks with John Roberti and Anora Wang about what makes a difference in these trials. Listen to this episode to learn more about preparing and living through these trials.

Related Links:

DOJ Study on Customer Testimony
AT&T Time Warner Decision

Hosted by:

John Roberti, Partner, Allen & Overy LLP and Anora Wang, Associate, Winston & Strawn LLP

Oct 14, 2019
#10 Caught in the Crosshairs? Representing Individuals in Criminal Cartel Matters
25:58

In criminal cartel actions, individual executives face prosecution and potential jail time. Defending whose life and liberty are at stake in these matters creates unique challenges. Former prosecutor Doug Tween speaks with John Roberti and Wendy Huang Waszmer about the strategy and psychology necessary to defend individual defendants when everything in their lives is in jeopardy.

Hosted by:

John Roberti, Partner, Allen & Overy and Wendy Huang Waszmer, Partner, Wilson Sonsini Goodrich & Rosati

Oct 07, 2019
#9 What Should Be Done? The Debate on How EU Competition Law Should Respond to China
28:59

A discussion of the increasing impact of Chinese companies on the EU and worldwide and how if at all EU competition law should adapt to take this into account.

Can and should EU competition law react to the rise of China? Our guest, Georgios Petropoulos, is an economist who has written extensively on the role of competition law in ensuring fair competition. In this episode, Georgios speaks with John Roberti and Matthew Hall about whether EU competition law and policies should be modified to allow for European champions to compete more robustly, and what other changes might be made. Listen to this episode to learn more about the options—and potential risks—to creating competition law exceptions to meet Chinese competition and the other EU law mechanisms that can be used instead.

Related Links:

Georgios Petropoulos blog 15 July 2019 "How should the relationship between competition policy and industrial policy evolve in the European Union?"

European Commission press release 6 February 2019 "Mergers: Commission prohibits Siemens' proposed acquisition of Alstom"

Statement by Commissioner Vestager on the proposed acquisition of Alstom by Siemens and the proposed acquisition of Aurubis Rolled Products and Schwermetall by Wieland 6 February 2019

Commission Vestager speech 1 April 2019 "Finding the right European industrial strategy"

A Franco-German Manifesto for a European industrial policy fit for the 21st Century

EU Industrial Policy After Siemens-Alstom 18 March 2019

Hosted by:

John Roberti, Allen & Overy LLP and Matthew Hall, McGuireWoods London LLP

Sep 30, 2019
#8 What is the Secret Sauce? Behind Developing a Complaint.
20:41

Where do plaintiffs get the information they put into their pleadings? Melinda Coolidge, a leading lawyer who represents plaintiffs, will explain how she researches, develops and diligences antitrust complaints.

Private enforcement plays an important role in antitrust law, and private enforcement starts with the complaint. Our guest is leading plaintiffs’ lawyer Melinda Coolidge, who has developed a number of complaints. In this episode, Melinda talks with John Roberti and Sergei Zaslavsky about how she researches, develops and diligences antitrust complaints. Listen to this episode to learn where plaintiffs get the information they put into their pleadings (hint: if a press release announces you plan to fix prices, Melinda will probably find it).

Related Links:

Chinese Vitamin C Antitrust Litigation 

Research on Effects of Twombly and Iqbal 

Hosted by:

John Roberti, Partner, Allen & Overy and Sergei Zaslavsky, Counsel, O'Melveny & Myers

Sep 23, 2019
#7 Too Much Influence? Consumer Protection for Online Reviews and Influencers.
25:15

How can you tell if a review is truly genuine? Learn about who is regulating online reviews and influencers, and how these regulations affect what you see online. Lauren Aronson, an expert in the regulation of online reviews and influencers, speaks with John Roberti and Elyse Dorsey about these issues.

We all read – and often rely on – online reviews. But how can you tell if a review is truly genuine? Our guest, Lauren Aronson, is an expert in the regulation of online reviews and influencers. Lauren speaks with John Roberti and Elyse Dorsey about who is regulating online reviews and influencers, and how these regulations affect what you see online. Listen to this episode and you may learn more about what a trustworthy review looks like.

Some interesting links:

The FTC Endorsement Guides

FTC’s FAQs on the Endorsement Guides

Hosted by:

John Roberti, Allen & Overy LLP and Elyse Dorsey, Federal Trade Commission

Sep 16, 2019
#6 A Unique Case? The EU Takes on Amazon.
30:07

The European Commission has opened a formal antitrust investigation into Amazon in order to assess whether its use of data from independent retailers who sell on its marketplace is in breach of EU competition rules. This raises interesting issues about the intersection of competition law and data collection issues. What precisely are the potential concerns and what are the wider implications?

Hosted by:

John Roberti, Allen & Overy LLP and Matthew Hall, McGuireWoods London LLP

Sep 09, 2019
#5 Where in the World? Understanding the Web of Global Antitrust.
26:17

In the past 30 years, antitrust regimes have been widely adopted around the world. Our guest, Randy Tritell, is the Director of the Office of International Affairs at the Federal Trade Commission. In this episode, Randy talks with John Roberti and Ricardo Woolery about the growth of antitrust internationally. Randy will explain how the agencies around the world work together and share information during investigations and develop policies through multilateral organizations such as the ICN and OECD. Listen to this episode for an overview of how agencies cooperate on enforcement and how the FTC promotes policy convergence.

Hosted by:

John Roberti, Allen & Overy LLP and Ricardo Woolery, Skadden, Arps, Slate, Meagher & Flom LLP

Some interesting links:

FTC Office of International Affairs

International Competition Network

OECD Competition Committee

 

Sep 02, 2019
#4 Can We Have Mergers Without Tears? Understanding the Basics of Merger Review.
25:36

Merger control is one of the most high-profile areas of antitrust law, but jargon can all too easily obscure the key issues in this domain. Our guest, ABA Antitrust Section Merger Committee Co-Chair Mike Keeley, is an expert in getting mergers cleared by the antitrust agencies. In this episode, Mike talks with John Roberti and Sergei Zaslavsky about the process and substance of shepherding a merger from inception to approval. Listen to this episode for an (almost) jargon-free demystification of mergers, and to learn about the “freak-out” test for market definition.

Hosted by:

John Roberti and Sergei Zaslavsky

Aug 26, 2019
#3 Privacy for the General Public? The Expansion of Privacy Regulation in California & Beyond
26:45

Privacy law is developing quickly in the United States and is becoming all the more important with the development of California's Privacy Law. Our guest, Alysa Hutnik, is the Consumer Protection Officer for the Antitrust Section and an expert on privacy law. In this episode, Alysa speaks with John Roberti and Anora Wang about privacy law generally and California’s new privacy law, its substance and relationship to other laws. Listen to this episode to learn more about how California and other states are shaping an expansive privacy regulatory regime in the United States.

Hosted by:

John Roberti and Anora Wang

Aug 19, 2019
#2 Is Leniency Dead? Long Live Leniency.
30:11

Companies and individuals in criminal cartels can avoid prosecution if they self-report to the leniency program at the U.S. Department of Justice. While this program has been hugely successful in cracking cartels for decades, a number of reports suggest that leniency applications and large-scale investigations are down overall. Our guests, Lisa Phelan and Craig Lee, are former prosecutors who have been at the center of a number of the key cases driven by leniency. In this episode, Lisa and Craig talks with John Roberti and Wendy Waszmer about whether they believe that leniency applications may be down and, if so, what that means for cartel enforcement. Listen to this episode to learn more about these global criminal investigations, how companies make decisions about whether or not to self-report criminal conduct, and the implications for a drop off in leniency applications.

Aug 13, 2019
#1 Rock Can’t Get No Satisfaction? Antitrust and Rock ‘n’ Roll.
23:09

Rock music has been the subject of a number of antitrust investigations over the years and on this episode, we talk about why that is. Our guest, Jonathan Jacobson is not only an enormous fan of rock music, has been in the middle of a number of them. Jon speaks with John Roberti and Elyse Dorsey about these investigations and litigations, starting with Pearl Jam and going through the present day. Listen to this episode to learn more about how antitrust theories apply to rock’n’roll.

Aug 12, 2019
What is Our Curious Amalgam?
04:36

Our Curious Amalgam explores topics in antitrust, consumer protection, and privacy law around the world, discussed by leading experts in the 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 the in-depth questions.

Aug 06, 2019