Our Curious Amalgam

By American Bar Association

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Description

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
#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, Warren 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 & Gressler 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