Podcasts by Our Curious Amalgam

#251 How Is Gender Relevant to Competition Law? The OECD’s Gender Inclusive Competition Toolkit from 2023-12-11T05:00

Gender differences are often overlooked when conducting competition law analysis. How should gender impact the work of competition regulators? Lynn Robertson, Competition Expert at the OECD's Co...

#250 How Are We Celebrating Our 250th Episode? A Look Back at the Top Episodes of All Time from 2023-12-04T05:00:29

Our Curious Amalgam is celebrating its 250th episode by hosting a family reunion! In this episode, former and current regular hosts Alicia Downey, Anora Wang, Matthew Hall, Christina Ma, Anant R...

#249 What Happens When Competition and Geopolitical Issues Intertwine? Surveying the Landscape of the Global Semiconductor Sector from 2023-11-27T05:00

Are you curious about issues related to competition and geopolitical concerns in the global semiconductor sector? In this episode, Barry Nigro and Alicia Downey talk to Arnold & Porter partner D...

#248 Are You on Board With Section 8? A New Era of Enforcement Against Interlocking Directorates from 2023-11-20T05:00

For decades, Section 8 of the Clayton Act--which prohibits two competing corporations from sharing a common director--was rarely enforced by the U.S. antitrust agencies, and corporations were fo...

#247 Has the System Derailed? The State of Competition in the US Freight Rail Sector from 2023-11-13T05:00

Some have expressed concerns over a lack of competition in the U.S. rail freight and passenger services markets. How the U.S. freight rail system works and is competition an issue in the sector?...

#246 What’s New in Antitrust and Tech? Unpacking FTC v. Amazon from 2023-11-06T06:00

In September 2023, the Federal Trade Commission and 17 states filed a massive, landmark antitrust lawsuit against Amazon, alleging that Amazon engaged in anti-competitive and unfair practices to...

#245 Unspoken Truths: Sexual Harassment in the Legal Profession from 2023-10-30T04:00

On this episode of Our Curious Amalgam podcast - a special collaboration with the Antitrust Law Section's Women.Connected Committee - we explore the prevalence of sexual harassment in the legal ...

#244 Levelling the Playing Field (Part 2)? The European Union’s Regulation on Foreign Subsidies Distorting the Internal Market is Now in Force from 2023-10-23T04:00

The European Union's Regulation on Foreign Subsidies Distorting the Internal Market is now in operation. What is happening in practice and how should companies prepare? Ulrich Soltész, partner a...

#243 When Is Personalized Pricing Unlawful? Personalized Pricing Litigation in China from 2023-10-16T04:00

The practice of personalized pricing has been empowered by advanced algorithms in the digital era. Relevant policy debates and lawsuits are on the rise in recent years in China. When is personal...

#242 What’s in the Black Box? Knowns and Unknowns About Pricing Algorithm From the Latest Academic Research from 2023-10-09T04:00

Do AI algorithms have the ability to conspire and collude? Join us as we dive into the black box of algorithm pricing with Dr. Ai Deng, a principal in the consulting firm Charles River Associate...

#241 Are PBMs Good For Competition? A Cost-Benefit Analysis of the Effects of Regulating Pharmacy Benefit Managers from 2023-10-02T04:00

Pharmacy benefit managers (PBMs) are being called out for engaging in allegedly anticompetitive business practices that make prescription drugs less affordable. But do PBMs actually promote comp...

#240 Can Competition and Quality Coincide? Analyzing a Systematic Competition Law Approach to Healthcare and Quality Concerns from 2023-09-25T04:00

The role of antitrust in health care is a common topic in the antitrust world. But does health care quality play a big enough role in the discussion? Professor Theodosia Stavroulaki joins Jaclyn...

#239 No More Clouds on the Horizon? The UK CMA’s Investigation Into Microsoft’s Acquisition of Activision Blizzard from 2023-09-18T04:00

Microsoft's proposed acquisition of Activision Blizzard was controversially blocked in its original form by the UK Competition and Markets Authority. What was the CMA's rationale and how has the...

#238 Who Is Fiona Schaeffer? Meet the New Chair of the ABA Antitrust Law Section from 2023-09-11T04:00

Fiona Schaeffer, a prominent antitrust lawyer, has taken on the big job of leading the ABA Antitrust Law Section in 2023-24. In this episode, co-hosts Alicia Downey and Anora Wang interview Fion...

#237 Should We Bank on Changes? A Conversation About Bank Merger Policy from 2023-09-04T04:00

Bank failures in 2023 led to renewed interest in bank consolidation and debate over the role of antitrust in bank policy. But does this mean we can expect the DOJ Antitrust Division to change th...

#236 What Is PE Anyway? All the Questions You Were Afraid To Ask About Private Equity from 2023-08-28T04:00

Private equity has been in the hot seat at the Federal Trade Commission and the Antitrust Division lately. Both agencies have increasingly expressed skepticism regarding PE buyers and owners, an...

#235 Win, Lose, or Draw? A Decade of Pharma Antitrust Since FTC vs. Actavis from 2023-08-21T04:00

Ten years ago, the U.S. Supreme Court issued its 5-3 decision in FTC v. Actavis, which held that the rule of reason should govern so-called "pay-for-delay" patent litigation settlement agreement...

#234 What About Small Tech? Democratizing Employment Data from 2023-08-14T04:00

Employment data is a critical component of the financial ecosystem—it’s required documentation if you want to rent or buy a home, purchase a car, apply for a new job, or get a loan. As digital t...

#233 What Are the Thoughts Behind the Changes? Draft DOJ-FTC Merger Guidelines Explained by DOJ DAAGs from 2023-08-07T04:00

On July 19, 2023, the U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission issued the long-awaited draft Merger Guidelines. How should you approach the draft guidelin...

#232 Never a Dull Moment In Antitrust? Conversation With Judge Douglas Ginsburg from 2023-07-31T04:00

Antitrust cases are often complex and technical, which invites suspicion that such cases should be decided by specialists rather than generalist judges. Would a judge who is truly an antitrust e...

#231 What’s Happening in MENA? Trends and Developments in Middle East and Egyptian Antitrust from 2023-07-24T04:00

Merger control and antitrust enforcement continues to expand around the world. Is MENA ahead of or behind the curve? Nicolas Bremer, partner at law firm Bremer, joins Matthew Hall and Jeny Maier...

#230 Will That Be Cash or Credit? Swipe Fees and Their Critics from 2023-07-17T04:00

The credit card industry has been the subject of increased antitrust scrutiny in recent years, even as consumer understanding of its inner workings remains low. But how did the American credit c...

#229 What’s Happening in the EU? A Conversation with DG COMP Director-General Olivier Guersent at the 2023 Spring Meeting from 2023-07-10T04:00

The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with competition law enforcers from around the world. In this episode, host...

#228 What's Happening in Canada, Brazil, and Taiwan? Conversations With Competition Law Enforcers at the 2023 Spring Meeting from 2023-07-03T04:00

The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world. In this...

#227 Axin’ the FTC’s Administrative Authority? The Implications of Axon Enterprise, Inc. v. FTC from 2023-06-26T04:00

On April 14, 2023, the U.S. Supreme Court issued its unanimous opinion in Axon Enterprise, Inc. v. Federal Trade Commission, holding that parties contesting the agency's constitutionality may co...

#226 An Agency in Peril? The Implications of Axon, Louisiana Children’s Medical Center, and Other Challenges to the FTC’s Power from 2023-06-19T04:00

The current administration and leadership at the FTC, helmed by Chair Lina Khan, have been vocal about their desire to expand antitrust and consumer protection enforcement and to use all the too...

#225 A New Syllabus For Antitrust Class? Meet the Authors of the New Open Source U.S. Antitrust Law Casebook from 2023-06-12T04:00

Legal textbooks have always been expensive but these days, the cost of a new commercially-published antitrust law casebook can range from $300 to $500. What if a high-quality casebook were avail...

#224 What’s Happening in Austria, Switzerland, and Lithuania? Conversations With Competition Law Enforcers at the 2023 Spring Meeting. from 2023-06-05T04:00

The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world. In this...

#223 Are Chatbots Protected? Analyzing Whether Section 230 Should Apply to Generative AI. from 2023-05-29T04:00

Section 230 generally shields online platforms from liability for third-party content. It has been widely credited with enabling the growth of the internet, but to what extent does it apply to t...

#222 Too Political or Not Political Enough? A Debate on the Relationship Between Antitrust Enforcement and Democracy. from 2023-05-22T04:00

There are many debates in the antitrust world today, but none is as fundamental as the discussion over the core purpose of antitrust. Should antitrust law be solely concerned with economic effic...

#221 What's Happening in Germany and Spain? Conversations With Competition Law Enforcers at the 2023 Spring Meeting from 2023-05-15T04:00

The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world, includi...

#220 Who Is Willard Mwemba? A Conversation With the Chief Executive Officer of the COMESA Competition Commission. from 2023-05-08T04:00

The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world. In this...

#219 What’s Happening in Greenland, Armenia, and Latvia? Conversations With Competition Law Enforcers at the 2023 Spring Meeting from 2023-05-01T04:00

The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world. What ar...

#218 LIV and Let Live? The Antitrust Fight Between the PGA and LIV Golf. from 2023-04-24T04:00

LIV Golf is the most serious threat the PGA has ever faced, and the fight between the two professional golf tours has grown increasingly personal and bitter. But is the PGA defending itself thro...

#217 Is it a Parallel Universe? Competition Law in the Metaverse. from 2023-04-17T04:00

It seems that metaverses will soon be ubiquitous. What are the competition law issues? Dr. Yusuke Takamiya, the antitrust/competition law partner at Mori Hamada & Matsumoto, joins Matthew Hall a...

#216 Has the Risk of Information Exchanges Shifted? DOJ’s Withdrawal of Healthcare Policy Statements. from 2023-04-10T04:00

For 30 years, companies in healthcare and other industries have relied on agency guidance immunizing certain kinds of information exchanges with competitors. How does DOJ's recent withdrawal of ...

#215 What Does Antitrust Counsel to a United States Senator Do? A Conversation With Mark Meador. from 2023-04-03T04:00

There are many ways to make a career engaging with competition law. Guest Mark Meador, Deputy Chief Counsel for Antitrust and Competition Policy to Senator Mike Lee, has forged a unique path wor...

#214 What Can Be Done? Sustainability and Competition Law in Europe. from 2023-03-27T04:00

European competition regulators are increasingly focused on sustainability agreements and have published guidance. What are these documents saying and are they consistent? Jay Modrall, Brussels-...

#213 Where Are All the Women Economists? #MeToo Issues in Antitrust Economics from 2023-03-20T04:00

Demand for diverse economists has exploded, but institutions still fail to recruit, retain, and promote women long term. Are issues of abuse and harassment deterring women from the field? In thi...

#212 A Sickness or a Cure for High Drug Prices? Why PBMs Are Under the Antitrust Microscope from 2023-03-13T04:00

Drug prices are top of mind for numerous patients, legislators, policy experts, and antitrust enforcers these days. But what role do pharmacy benefit managers (PBMs) play in determining the pric...

#211 What’s It Like Seeing Trials on the Bench? Conversation With Judge Yvonne Gonzalez Rogers. from 2023-03-06T05:00

Serving on the bench is a challenge and a privilege. For certain communities in our society, the path to the bench was a never traveled one until recently. What are some of the most valuable exp...

#210 No-Nonsense or Nonstarter? The FTC’s Proposed Rule To Ban Non-Compete Clauses from 2023-02-27T05:00

In January 2023, the FTC issued a Notice of Proposed Rulemaking that would ban virtually all non-compete agreements between employers and workers, both retroactively and going forward, categoriz...

#209 Who Are Deon Woods Bell and Laura Wilkinson? A Conversation With Two Legends of the Antitrust and Consumer Protection Bar in Celebration of Black History Month from 2023-02-20T05:00

Deon Woods Bell and Laura Wilkinson join Our Curious Amalgam and Diversity. Advanced to celebrate Black History Month. What can we learn about diversity from two legends of the antitrust and con...

#208 The Trouble With Treble? Examining the Effects of Mandatory Treble Damages from 2023-02-13T05:00

Mandatory treble damages awards have been a feature of U.S. antitrust law for more than a century. Why do we have treble damages and what are the benefits and unintended consequences of treble d...

#207 How Does a Bill Become an Antitrust Law? Analyzing the Implications of the Three Antitrust Laws Passed in 2022 from 2023-02-06T05:00

The 2023 Appropriations Act included three antitrust laws dealing with merger fees, merger subsidy disclosure, and venue. What are the implications of these laws? Laura Alexander joins hosts Chr...

#206 Who's Going to the 2023 Spring Meeting? A Sneak Preview With the Co-Chairs from 2023-01-30T05:00

The ABA Antitrust Law Section’s Spring Meeting is the largest annual gathering of competition, consumer protection, and data privacy professionals globally, with lawyers, academics, economists, ...

#205 Is the Game Over? New Challenges to the Antitrust Exemption for Major League Baseball. from 2023-01-23T05:00

Major League Baseball ("MLB") is big business, with revenues that exceeded $10 billion in 2019. How and why is MLB immune from liability under the U.S. federal antitrust laws? Co-hosts Alicia Do...

#204 What Does Monopoly Really Mean? A Conversation With Barry Hawk, Author of "Monopoly in America" from 2023-01-16T05:00

The debate about the role of government in regulating monopolies is getting more heated by the day. How do historical concepts of "monopoly" fit into the discussion? Veteran antitrust scholar, p...

#203 What Is the Value of Personal Information? Quantifying the Harm Caused by Data Privacy Breaches from 2023-01-09T05:00

Plaintiffs in consumer data privacy class action lawsuits may demand money damages for the loss of the value of their personal information. But how much money is that personal information really...

#202 What Happened in 2022? What Will Happen in 2023? Looking Back and Looking Forward With the Sector Committees – Part 2 from 2023-01-02T05:00

As 2022 comes to an end, the Antitrust Law Section's sector committees tell us which notable antitrust cases and investigations affected key industries and what they predict will make headlines ...

#201 What Happened in 2022? What Will Happen in 2023? Looking Back and Looking Forward With the Sector Committees – Part 1 from 2022-12-26T05:00

As 2022 comes to an end, the Antitrust Law Section's sector committees tell us which notable antitrust cases and investigations affected key industries and what they predict will make headlines ...

#200 A Power Grab Too Far? (Part 2) The European Commission Investigation in Illumina/Grail from 2022-12-19T05:00

Merger control analysis and clearance worldwide is becoming ever more difficult, complex and uncertain, with Illumina/Grail perhaps the standout recent example. Following the previous episode on...

#199 What’s New in US Vertical Merger Enforcement? A Look at the UnitedHealth-Change Merger Decision and Beyond from 2022-12-12T05:00

Vertical mergers present unique doctrinal and economic issues and are rarely challenged in court, so when two vertical merger opinions are issued in a short period of time, it is a great opportu...

#198 What Is(n’t) Unfair Competition? An Analysis of the FTC’s 2022 Section 5 Policy Statement from 2022-12-05T05:00

In November 2022, the FTC issued a policy statement concerning the scope and meaning of unfair methods of competition under Section 5 of the FTC Act. So what has changed under Section 5 and wher...

#197 Is Public Perception of the Judiciary Changing? A Conversation With Judge Bernice Donald. from 2022-11-28T05:00

In the American political system, the judiciary serves as an impartial, independent branch of government responsible for interpreting our laws and deciding cases and controversies. Even with the...

#196 What’s Happening in LATAM? Trends and Developments in Latin American Antitrust. from 2022-11-21T05:00

Latin America is an increasingly important region for antitrust enforcement. Are there similarities across the region and with other parts of the world? Julián Peña, partner at Allende & Brea, j...

#195 Who Is Rahul Rao? Meet the Newest Deputy Director of the FTC Bureau of Competition from 2022-11-14T05:00

The world of antitrust and consumer protection law is made up of fascinating people, including Rahul Rao, the newest Deputy Director of the Federal Trade Commission's Bureau of Competition. How ...

#194 What About Small Tech? User Data and Privacy in Blockchain-Based Projects and the Future of the Internet from 2022-11-07T05:00

Web3 is being touted as the future of the internet. The vision for this new version of the web revolves around the notion of decentralization, driven by blockchain-based technologies including c...

#193 Healthy Competition? Ten Years in Review of Antitrust and the Health Care Industry. from 2022-10-31T04:00

The U.S. health care industry is complex and dynamic, resulting in antitrust issues that are just as complex. So what does the past decade of the intersection of antitrust and health care signal...

#192 When Is Doing Good Bad? Understanding the Antitrust Implications of ESG. from 2022-10-24T04:00

In recent congressional testimony, FTC Chair Lina Khan definitively declared that there is no ESG antitrust exemption. How can companies avoid violating the antitrust laws while still complying ...

#191 What’s New in Mexico? The Battle for Jurisdiction Over Digital Markets from 2022-10-17T04:00

Mexico's Federal Economic Competition Commission (COFECE) is an autonomous agency responsible for competition law enforcement, policy and advocacy nationwide. At the same time, an entirely separ...

#190 Levelling the Playing Field? The European Union's New Regulation on Foreign Subsidies Distorting the Internal Market from 2022-10-10T04:00

To keep a level playing field among EU member countries, subsidies granted by those countries to companies engaged in competition in the EU are subject to the EU's state aid rules. But what abou...

#189 What’s at Stake Here? Issues With the State Antitrust Enforcement Venue Act from 2022-10-03T04:00

Compared to other proposals to reform the U.S. antitrust regime, the State Antitrust Enforcement Venue Act has shown greater potential of being passed. What is at stake here? Yee Wah Chin, Couns...

#188 What Makes a Maverick? Merger Analysis and Competitive Disruptors from 2022-09-26T04:00

The 2010 FTC/DOJ Horizontal Merger Guidelines indicate that merger review should consider whether a proposed merger may lessen competition by eliminating a "maverick" firm that plays a disruptiv...

#187 What Has Changed (or Not) in 14 Years? Conversation With Steve Harris on the Development of China’s Anti-Monopoly Law from 2022-09-19T04:00

The Anti-Monopoly Law (AML) is China’s principal antitrust statute, as recently amended in August 2022, exactly 14 years after its inception. What has changed about China’s antitrust regime over...

#186 Who Is John Roberti? A Conversation With John Roberti from 2022-09-14T04:00

John Roberti, one of the founders of Our Curious Amalgam and a longtime leader in the ABA Antitrust Law Section, just wrapped up his term as co-chair of the committee that produces our weekly po...

#185 Who Is Tom Zych? Meet the 2022-23 Chair of the ABA Antitrust Law Section from 2022-09-12T04:00

Tom Zych of Cleveland, Ohio has taken on the big job of chairing the Antitrust Law Section for the 2022-23 ABA year. Who is the Section's new chair and what makes him tick? In this episode Alici...

#184 Part II: One, Two, Three Strikes You’re Out? A Two-Part Discussion With the Defense Lawyers in the Three Part Chicken Price-Fixing Trials from 2022-09-05T04:00

A Denver jury recently acquitted defendants in the highly publicized third criminal trial involving allegations of price fixing in the chicken industry. What led to that not guilty verdict? Defe...

#183 Part I: One, Two, Three Strikes You’re Out? A Two-Part Discussion With Defense Lawyers in the Three Part Chicken Price-Fixing Trials from 2022-08-29T04:00

A Denver jury recently acquitted defendants in the highly publicized third criminal trial involving allegations of price fixing in the chicken industry. What led to that not guilty verdict? Defe...

#182 Putting Equity Into Section 8? A Deeper Dive Into What Increased Enforcement Could Mean for Private Equity and Beyond from 2022-08-22T04:00

In a time of increased uncertainty surrounding antitrust issues, Section 8 of the Clayton Act and private equity firms have recently become two topics of interest. What are the implications of r...

#181 Are We Understanding the Changes? Evaluating the Antitrust Assumptions from 2022-08-15T04:00

The bases for the enhanced antitrust enforcement programs at the Antitrust Division have been discussed often but understood rarely. What are the key assumptions that are being challenged as par...

#180 An Overlooked Battleground? Antitrust Issues Before the U.S. International Trade Commission (USITC) from 2022-08-08T04:00

The United States International Trade Commission (ITC) may have been a familiar forum to parties in international trade to address disputes over intellectual property rights. But can the ITC als...

#179 What Have We Learned From Empirical Studies? Potential Antitrust Concerns Arising From Common Ownership from 2022-08-01T04:00

There is a growing interest in understanding the “ownership interests hypothesis,” i.e., whether investors holding interests in competing firms will soften firms’ incentives to compete and gener...

#178 What’s the Role of FTC’s General Counsel? A Conversation with Alden Abbott on Historical and Current Issues from 2022-07-25T04:00

The FTC’s General Counsel (GC) is the agency’s chief legal officer and adviser that provides counsel on various issues of law and policy and represents the agency in court. What are some of the ...

#177 Who Is Cani Fernández? Meet the President of the Spanish National Markets and Competition Commission. from 2022-07-18T04:00

The Section Lunch at the Antitrust Law Section’s Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competi...

#176 Are We Thinking About Innovation the Right Way? The Role of Dynamic Efficiency in Competition Policy from 2022-07-11T04:00

Amidst the current momentum for antitrust reform, are U.S. lawmakers and enforcers thinking about the role of innovation in the right way? Aurelien Portuese, Director of the Schumpeter Project o...

#175 Who Is Michal Halperin? Meet the Former Director-General of the Israeli Competition Authority from 2022-07-04T04:00

The Section Lunch at the Antitrust Law Section’s Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competi...

#174 Who Is Rahat Kaunain Hassan? Meet the Chairperson of the Competition Commission of Pakistan from 2022-06-27T04:00

The Section Lunch at the Antitrust Law Section’s Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competi...

#173 Who Is Alejandra Palacios? Meet the Former Chair of the Mexican Federal Economic Competition Commission (COFECE) from 2022-06-20T04:00

The Section Lunch at the Antitrust Law Section’s Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competi...

#172 Biologically Similar but Competitively Not So? Economic Considerations of IP Litigation Settlements Involving Biosimilars from 2022-06-13T04:00

Under the U.S. Supreme Court case FTC v. Actavis (2013), antitrust analysis of “reverse settlements” of IP litigations between makers of branded small molecule drugs and generics requires an ana...

#171 Can the Federal Trade Commission Use Rulemaking To Change Antitrust Laws? A Closer Look at the Administrative Law Challenges With Prof. Richard Pierce from 2022-06-06T04:00

The U.S. Federal Trade Commission’s current leadership has a vision for changing various aspects of antitrust laws through rulemaking. But can the FTC’s rulemaking withstand administrative law c...

#170 True Crime? An Investigation Into DOJ’s Recent Policy Change on Criminal Monopolization Prosecutions from 2022-05-30T04:00

In March 2022, the U.S. DOJ made headlines with the announcement it is considering bringing criminal monopolization cases under Section 2 of the Sherman Act for the first time in nearly fifty ye...

#169 Shortchanged? The Treasury Department's Report on Labor Market Competition in the U.S. from 2022-05-23T04:00

Labor market competition is one of the hottest issues in antitrust right now. Are workers being underpaid? Yes, says Treasury Department Deputy Assistant Secretary Neil Mehrotra, who joins Anant...

#168 Is Antitrust Really Apolitical? Autocracy, Populism, and Antitrust from 2022-05-16T04:00

Tumultuous political change, including the rise of populism, has been one of the key trends of the past decade. How do the shifting political winds affect antitrust, the largely technocratic dom...

#167 What’s Going On With State Enforcement? An Update From the Front Lines from 2022-05-09T04:00

In recent years, efforts by state attorneys general to enforce the antitrust laws have been in the news far more than in the past, as state AGs have taken the lead in challenging no poach agreem...

#166 What Say You? International Enforcers Live at Spring Meeting 2022 (Part 2) from 2022-05-02T04:00

The Spring Meeting brings together thousands of antitrust practitioners and enforcers and this year was no exception. What did the attendees have to say? Alicia Downey and Anora Wang speak with ...

#165 What Say You? International Enforcers Live at Spring Meeting 2022 from 2022-04-25T04:00

The Spring Meeting brings together thousands of antitrust practitioners and enforcers and this year was no exception. What did the attendees have to say? Anant Raut and Anora Wang speak with Oli...

#164 What’s Bias Got To Do With It? A Discussion With Jury Experts on How To Plan for, Identify, and Address Jury Bias. from 2022-04-18T04:00

Jury bias is an important issue that should be understood and considered by all trial teams, including for antitrust cases. How and when should antitrust attorneys begin to address issues of bia...

#163 Can We Talk About Breyer? Looking Back at Justice Breyer’s Approach to Antitrust from 2022-04-11T04:00

Justice Breyer will retire at the end of this SCOTUS term after nearly 28 years on the bench. How did Justice Breyer approach antitrust? Eric Citron, Partner at Goldstein & Russell and former cl...

#162 How Has It Been Working? A Reflection on Europe’s General Data Protection Regulation Four Years In from 2022-04-04T04:00

Europe's General Data Protection Regulation (GDPR) was created to protect the personal data of individuals and to simplify the regulatory environment for data protection in Europe. As a regulato...

#161 Is This a New Era of Federal Trade Regulation by Rule? The Past, Present, and Future of FTC Rulemaking from 2022-03-28T04:00

For decades the FTC relied on its adjudicatory authority, applying its expertise on a case-by-case basis in administrative litigation, but now, FTC leadership seems to be shifting away from liti...

#160 What in the World Is Happening With Antitrust Enforcement? Antitrust Cartel Enforcement’s Return to Global Scale in 2022 from 2022-03-21T04:00

Global cartel enforcement saw a resurgence in 2021, but throughout the globe, we saw a continued focus on domestic matters. Do last year's developments tell us anything about the areas that are ...

#159 What’s Next for EU Competition Policy? The European Commission’s Competition Policy Review from 2022-03-14T04:00

There is a lot going on in the European competition law world and the European Commission recently published a review bringing the strands together. What does the review tell us about likely cha...

#158 What’s So Special About Hospitals? An Examination and Look Into Hospital Merger Review and Analysis from 2022-03-07T05:00

It's unusual for a year to go by without the FTC challenging at least one contemplated or consummated hospital merger. What makes this area so ripe for antitrust scrutiny? Monica Noether, an eco...

#157 Do We Need a Check? Big Tech and the American Innovation and Choice Online Act from 2022-02-28T05:15

Big Tech is in the news as numerous federal and state lawsuits against “the big four” (aka GAFA), Microsoft and TikTok, are pending. But is more regulation needed? Luther Lowe of Yelp speaks wit...

#156 Can They Help Themselves? Self-Preferencing at Large Platforms. from 2022-02-28T05:00

There has been a lot of discussion recently about whether large platforms can favor themselves over potential competitors. Some of these discussions surround high-profile pending legislation see...

#155 Will It Make Any Difference? Government Cases Against Google and Remedies Here and Abroad from 2022-02-21T05:00

Competition enforcement authorities all over the world are bringing cases and enforcing new rules against Google, and as different jurisdictions impose widely different penalties and restriction...

#154 Should I Have Been Paid? Facebook Faces Class Claim From UK Users from 2022-02-14T05:00

Facebook is the leading social network in the UK, as elsewhere. But has it unfairly treated its UK users? Dr. Liza Lovdahl Gormsen, competition law academic and practitioner, joins Matthew Hall ...

#153 Is Consumer Welfare the Right Policy for Antitrust Enforcement? Unpacking the Debate from 2022-02-07T05:00

Antitrust enforcers, academics, and politicians are embroiled in a debate over whether the consumer welfare standard is the right policy for antitrust enforcement in the U.S. What are they fight...

#152 Should Antitrust Be Used as an Anti-Inflation Tool? Live Recording of Debate at George Mason Law School from 2022-01-31T05:00

The U.S. economy has seen a consumer price index increase of 7% in 2021, the largest 12-month gain since June 1982. But should antitrust be used as a tool to combat inflation? Josh Wright and Ha...

#151 Are You Ready for Some Football? Antitrust and the NFL. from 2022-01-24T05:00

There has been a ton of antitrust litigation involving the NFL over the past 70 years. What have these cases been about, and what can they teach us about the doctrine and practice of antitrust m...

#150 Is This the End of Mandatory Arbitration? Turning the Tables With Mass Arbitration from 2022-01-17T05:00

Knowing that few people have the time or resources to initiate arbitration over relatively small damages, many large companies rely on mandatory arbitration provisions and class action waivers i...

#149 Who Killed Chicken Farming in America? Concentration and Price-Fixing in the Poultry Industry from 2022-01-10T05:00

Small chicken farmers are being pitted against each other by giant processing companies. Does the chicken industry have a concentration problem? Craig Watts, a contract poultry farmer for 22 yea...

#148 What’s Behind the Scenes? Changes to Merger Control in China from 2022-01-03T05:00

Merger control in China will likely be reshaped when the relevant law is amended affecting both the agency and enforcement goals. But what are the most notable changes? Janet Hui, partner at Jun...

#147 What Were the Best Episodes of 2021? Our Curious Amalgam's Hosts Choose Their Favorites from 2021-12-27T05:00

As we reach the end of 2021, Our Curious Amalgam invites listeners to celebrate the new year by reflecting back on our second year of weekly podcasts focused on antitrust, consumer protection, a...

#146 Is It Time To Behave? A Conversation With Dr. Angela Zhang on China’s Approach to Data and Privacy from 2021-12-20T05:00

There is growing interest in regulating how data are used, including in China. But what exactly is China doing to regulate the use of data and how does it compare to other jurisdictions' efforts...

#145 What's the Harm? The Role of Uninjured Class Members in Class Certification. from 2021-12-13T05:00

Class certification has become increasingly complex, as courts try to define the class as precisely as possible. But what happens if the methodology that is supposed to define the class yields m...

#144 What Is It Like Inside? Reflections on a Career as an In-House Lawyer from 2021-12-06T05:00

Many lawyers, young and old, have considered a job as an in-house attorney. What is the allure? Steve Cernak, Partner at Bona Law and previously in-house counsel to General Motors, joins Christi...

#143 Does U.S. Bank Merger Enforcement Need To Be Revitalized? A Conversation With David Neill from 2021-11-29T05:00

U.S. bank mergers are on the rise and so are claims that agencies “rubber stamp” merger applications and need stricter standards. But seen through the history of U.S. banking, does the existing ...

#142 Where is the BCP Headed? Consumer Protection in the Biden Administration. from 2021-11-22T05:00

The Federal Trade Commission Bureau of Consumer Protection (BCP) has utilized a variety of tools over the years to advance its goal of stopping unfair, deceptive, and fraudulent business practic...

#141 A Power Grab Too Far? The European Commission Extends Its Merger Control Reach. from 2021-11-15T05:00

Illumina's acquisition of GRAIL is the first deal caught by the European Commission's reinterpretation of its jurisdictional reach under the EU merger control laws. Why is it so controversial an...

#140 Do All the Bids Look the Same? Investigations by DOJ's Procurement Collusion Strike Force and the FBI from 2021-11-08T05:00

The DOJ, FBI, and other enforcement partners have announced DOJ's Procurement Collusion Strike Force to combat antitrust crimes in government procurement at a national level. How does the govern...

#139 Why Choose One? Antitrust as an Enforcement Tool for Financial Services from 2021-11-01T04:00

Prosecutors investigating misconduct among financial institutions have in the past considered both antitrust and fraud theories in prosecuting claims. But is antitrust law the right tool (or is ...

#138 Should Congress Enact Federal Data Privacy Legislation? The Case for a National Consumer Data Protection and Enforcement Regime from 2021-10-25T04:00

As millions of consumers around the world interact daily with online businesses and social media platforms, the call for Congress to enact enhanced data privacy and security laws at the federal ...

#137 Have We Been Down This Road Before? What History Can Teach Us About the Current Rethinking of Antitrust. from 2021-10-18T04:00

While it may seem that the current foment of change in the antitrust world is unprecedented, this is not the first time that antitrust has undergone a period of profound reexamination and change...

#136 The Next Big Thing? Understanding the Intersection of Blockchain and Antitrust. from 2021-10-11T04:00

From crypto enthusiasts to supply chain gurus, it seems everyone is talking about blockchain these days. What makes this technology so potentially impactful, and what does it have to do with ant...

#135 Is Equality a Value of Competition Law? A Conversation with Professor Eleanor Fox from 2021-10-04T04:00

Extreme inequality of wealth and income has been identified as a societal failure and a threat to democracy all over the world. Is competition law the cause or the cure for that inequality? In t...

#134 What Does It All Mean? Wu, Khan, Kanter and Antitrust Reform. from 2021-09-27T04:00

The Biden Administration has made its picks for antitrust leadership, and they are all members of an intellectual movement to increase antitrust enforcement in big tech and beyond. What broader ...

#133 Was It Populism? Understanding Merger Review During the Trump Administration. from 2021-09-20T04:00

The Trump Administration's antitrust enforcers were active in challenging mergers on competition grounds. But what were the key drivers in choosing which matters to challenge? Katie Drummonds an...

#132 What Is The Right To Repair? Conversation With Gay Gordon-Byrne from 2021-09-13T04:00

“Right to repair” has been highlighted by the new administration and federal enforcers as a competition and consumer protection issue in the American economy. But what exactly does this term mea...

#131 What Did We Learn? Ida Tarbell and the Role of Theory vs. Fact in Shaping Antitrust Law from 2021-09-06T04:00

Influential writers, from Ida Tarbell to John McGee to Lina Khan, have inspired sweeping changes to antitrust laws, but not all influential writing should be relied upon as the basis for change....

#130 Ball is Life? The Alston Decision and What It Means for Sports Antitrust Law from 2021-08-30T04:00

The world of college athletics has been embroiled in competition and antitrust disputes for at least the last decade. What's the latest antitrust development? Sathya Gosselin, partner in the Was...

#129 What’s the Plan? A Conversation with Antitrust Law Section Chair Jonathan Gleklen and Counsel to the Chair Yasmine Harik from 2021-08-23T04:00

Every August the Antitrust Law Section elevates the designated Chair-Elect to the position of Chair. This year, the gavel passes to Jonathan Gleklen, who has been involved in the leadership of t...

#128 When Will It Be the End of Global Anti-Suit Injunction Wars? Present&Prospective FRAND Litigation&Arbitration in China from 2021-08-16T04:00

As Chinese courts and authorities take on active roles in resolving FRAND disputes, China has become a key jurisdiction for the consideration of FRAND issues globally. But how does the system wo...

#127 Does the FRAND Framework Need a Fix?: Conversation With Prof. Jorge Contreras About Antitrust and IP from 2021-08-09T04:00

Complex issues are at the intersection of antitrust and intellectual property laws, and licensing of standard essential patents (SEPs) under fair, reasonable, and non-discriminatory (FRAND) term...

#126 How and When FRAND Can Be an Antitrust Issue: Conversation With Lisa Kimmel on the Fundamentals from 2021-08-02T04:00

FRAND issues can be complex and often require an understanding of several laws including antitrust and intellectual property. What would be the most important things to know on a fundamental lev...

#125 Is This a Tragedy of the Commons? Antitrust Law and Open-Source Licensing from 2021-07-26T04:00

Many software development companies are distributing software under open-source licenses, which allows broad access. But when faced with opportunistic behavior from cloud providers, can t...

#124 What’s My Message? Government Relations and Antitrust in the EU. from 2021-07-19T04:00

A difficult merger control or antitrust case requires good external communications alongside the legal and economic work. But how is this done? Claire Harris, an experienced government relations...

#123 Dovetail or Discord? The Evolving Relationship between Antitrust and Data Privacy Law from 2021-07-12T04:00

Regulators and academics in the United States and beyond are increasingly focused on the interaction between data privacy and antitrust, both in mergers and challenges to the unilateral conduct ...

#122 What Happens in Their Smoke-Filled Room? Cooperation and Collaboration Among Antitrust Regulators. from 2021-07-05T04:00

The Biden Administration has rebooted international cooperation in a range of spheres. Is the antitrust world the same? Meghan Rissmiller, partner at Freshfields in Washington, DC, joins Christi...

#121 How Do They Get Paid? The FTC's Use of Monetary Relief for Deterrence and Compensation from 2021-06-28T04:00

The use of monetary relief-- also called disgorgement-- historically was used by the FTC for deterrence and compensation of consumers. Now that the Supreme Court has ruled that the FTC lacks aut...

#120 What Advice Do You Have for a Young Lawyer? Words of Wisdom from Our Guests from 2021-06-21T04:00

In many past episodes of Our Curious Amalgam we asked our guests what career advice they would give to their younger selves. As hosts Alicia Downey, John Roberti, and Jessica Watters discovered,...

#119 Is This Game Over? Competition Law Implications of the Super League. from 2021-06-14T04:00

The Super League didn't last long but the post-game analysis continues. What are the competition law issues raised and do they remain relevant? Dwayne Bach, sports and esports law expert, joins ...

#118 What’s The Role Of Journalism In Antitrust?: A Conversation With Leah Nylen from 2021-06-07T04:00

People often read more from journalists than from lawyers to learn about antitrust. But what roles does journalism itself play in antitrust, in terms of the development and practice of the law? ...

#117 Can It Be Resolved? The Use of Mediators to Settle Antitrust Class Actions. from 2021-05-31T04:00

Mediation is a tool that litigants can use to resolve disputes. What are the advantages of using a mediator, particularly in high-stakes antitrust class actions? Judge Vaughn Walker, retired Chi...

#116 Can Non-Competes Be Procompetitive?: An Economist’s View from 2021-05-24T04:00

By its name, a non-compete agreement restricts competition. But can non-competes be procompetitive or otherwise designed to minimize the competition concerns? Dr. Paul Wong, Economist and Direct...

#115 Are We Witnessing a Revolution? Putting the Debate Over Antitrust Reform Into Context. from 2021-05-17T04:00

Accepted norms and standards are increasingly being questioned in the antitrust world as calls for reform grow louder. Why is this groundswell of dissent from traditional doctrine occurring now,...

#114 What Are the Generic and Biosimilar Industries Worried About? Current Competition Law Issues Impacting the Sector. from 2021-05-10T04:00

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...

#113 Are “UDAPs” Protecting Consumers or Promoting Chaos? Exposing the Fault Lines under State Statutes Prohibiting Unfair and Deceptive Acts and Practices from 2021-05-03T04:00

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 bas...

#112 What Can AI Do? Examining the Possibilities of Using Artificial Intelligence in the Law from 2021-04-26T04:00

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 Da...

#111 A Never-Ending Issue? The Report of the EU Expert Group on Standard Essential Patents from 2021-04-19T04:00

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 discuss...

#110 What Is It Like? Understanding the Views and Perspectives of a Plaintiff’s Lawyer from 2021-04-12T04:00

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 a...

#109 When Does Benchmarking Cause Antitrust Anxiety? The Use and Misuse of Competitors’ Data from 2021-04-05T04:00

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...

#108 What's the Hubbub About No-Poach? Recent Antitrust Enforcement in Labor Markets. from 2021-03-29T04:00

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 s...

#107 How Far Can You Go? U.S. Merger Enforcement Under Section 2 of the Sherman Act from 2021-03-22T04:00

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 Sh...

#106 Is It Time to Rethink Section 230? The Debate Over the Liability Exemption for Internet Platforms from 2021-03-15T04:00

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 circumstan...

#105 How Do We Do Better? Increasing Opportunities for Women in Economic Expert Roles from 2021-03-08T05:00

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 inc...

#104 Have We Figured It Out? Online Privacy and Security in the “New Normal” of Video Conferencing. from 2021-03-01T05:00

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 com...

#103 What's Next for Antitrust Enforcement? The Antitrust Section Presidential Transition Report. from 2021-02-22T05:00

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...

#102 What Is the State of the Section? A Midterm Talk With the Section Chair. from 2021-02-15T05:00

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 interna...

#101 What's Trending? Understanding What To Expect In M&A Competition Law in 2021. from 2021-02-08T05:00

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...

#100 What’s All The Fuss About? Brexit and UK Competition Law from 2021-02-01T05:10

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 ...

#99 What Are Best Practices for Virtual Litigation? Notes From the Field from 2021-01-25T05:00

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 a...

#98 How Will It Rule? A Panel Discussion on the Supreme Court Argument in AMG Capital Management, LLC v. Federal Trade Commission. from 2021-01-19T05:00

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?...

#97 What Happens to a Prosecution Deferred? DOJ’s Approach to Criminal Investigations from 2021-01-18T05:00

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 Defer...

#96 Can They Really Say That? Product Denigration Under French Antitrust Law from 2021-01-11T05:00

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...

#95 Who Is Ready for 2021? Year in Review: Part 3. from 2021-01-04T05:00

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 ...

#94 Who Is Ready for 2021? Year in Review: Part 2 from 2020-12-31T05:00

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 P...

#93 Who Is Ready for 2021? Year in Review: Part 1. from 2020-12-28T05:00

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 ...

#92 How is it Developing? Understanding the Competition Law&Enforcement in Brazil from 2020-12-21T05:00

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 B...

#91 What Is the State of Things: A Discussion with Colorado State Attorney General Phil Weiser from 2020-12-14T05:00

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 antitr...

#90 How Do We Respond to the Dilemma? Developing a Data Portability Solution. from 2020-12-07T05:00

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 gover...

#89 What’s the Deal with Data Portability? Understanding the Competition and Privacy Aspects Surrounding the Movement of Data. from 2020-11-30T05:00

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 wh...

#88 What’s in a Screen? Using Data as Evidence of Collusion and Manipulation (or lack thereof) from 2020-11-23T05:00

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 investiga...

#87 What Does It Take to Reach the Top? A Conversation with the 2020 Hall of Fame-inism Award Winners from 2020-11-16T05:00

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 ca...

#86 Can They Really Do That? The Use of Advanced Analytics by Antitrust and Consumer Regulators from 2020-11-09T05:00

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 Techno...

#85 Who Does Antitrust Work For? An Exploration of Labor Antitrust. from 2020-11-02T05:00

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...

#84 What’s the Fix? Understanding the Antitrust Cases Against Platforms and Desired Remedies from 2020-10-26T04:00

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 analy...

#83 How Was the Case Won? The Processed Egg Products Antitrust Trials. from 2020-10-19T04:00

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 antit...

#82 All Bundled Up? Making Antitrust Sense of Product Bundles and Clusters. from 2020-10-12T04:00

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 ...

#81 Do You Really Know All 54? Antitrust Law in Africa from 2020-10-05T04:00

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 Ka...

#80 It's Been a Year Already? Welcome to Our Curious First Birthday. from 2020-09-28T04:00

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 Antitru...

#79 Will the Past Be Prologue? Understanding the History of Enforcement of the 1970s. from 2020-09-21T04:00

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 Brande...

#78 What Seeds Need to Be Sown? The Role of Antitrust in Agriculture from 2020-09-14T04:00

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 agricultu...

#77 Still The Largest Taxpayer in the World? Apple Avoids Massive Tax Payment to Ireland from 2020-09-07T04:00

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 b...

#76 What's Ahead in Pharmaceutical Antitrust Enforcement? Taking Stock of Key Pharmaceutical Issues and Enforcement Actions from 2020-08-31T04:00

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 ...

#75 What's Coming Next? Understanding the Next Big Areas in the Pharmaceutical Antitrust Wars from 2020-08-24T04:00

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 mea...

#74 Will the Past Repeat Itself? Understanding the Implications of the Government's Case Against IBM from 2020-08-17T04:00

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 co...

#73 What is the Relationship Between Privacy and Competition? A Conversation with Commissioner Noah Phillips. from 2020-08-10T04:00

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 e...

#72 How Does It Work There? Establishing an Antitrust Practice Off the Beaten Path. from 2020-08-03T04:00

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...

#71 Where is the Enforcement? Assessing the Rigor and Effectiveness of U.S. Merger Enforcement from 2020-07-27T04:00

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 exi...

#70 Would Anything Have Changed? The Use of the Failing Firm “Defense” in Merger Control. from 2020-07-20T04:00

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'Me...

#69 Another Way to Unring the Bell? Private Litigation Challenging Consummated Merger from 2020-07-13T04:00

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. Bu...

#68 What, It’s Not Only Merger Control? The Rise of Foreign Direct Investment Controls Worldwide from 2020-07-06T04:00

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 ...

#67 How Was The Case Won? An Inside Look At The Sprint - T-Mobile Merger Trial. from 2020-06-29T04:00

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 cou...

#66 What Are the Ways to Lead Yourself? First Indispensable Lessons in Business and in Life. from 2020-06-22T04:00

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 R...

#65 How Does Everyone Work Together? The NAAG Antitrust Task Force and State Enforcement from 2020-06-15T04:00

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 Associat...

#64 Where Next? Climate Change, Sustainability and EU Competition Law. from 2020-06-08T04:00

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 g...

#63 Is It Really Free? The Economics of Digital Platforms from 2020-06-01T04:00

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 ant...

#62 From Virtual Spring Meeting: Common Minority Interests: Major Or Minor Problem? from 2020-05-27T04:50

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 regu...

#61 From Virtual Spring Meeting: What To Expect In FTC CP Enforcement from 2020-05-27T04:45

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 th...

#60 From Virtual Spring Meeting: Where Do Vertically Integrated Digital Platforms End? from 2020-05-27T04:40

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 ...

#59 From Virtual Spring Meeting: Hot Topics from 2020-05-27T04:35

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 protec...

#58 From Virtual Spring Meeting: Chair At The Table: Diversity In Litigation from 2020-05-27T04:30

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 fe...

#57 From Virtual Spring Meeting: Enforcers Roundtable from 2020-05-27T04:25

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!

Please join us for an in-dept...

#56 From Virtual Spring Meeting: Big Tech: Too Big To Break Up? from 2020-05-27T04:20

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 laun...

#55 From Virtual Spring Meeting: Antitrust&CP Ethics Meets Hollywood Squares from 2020-05-27T04:15

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!

This exciting, challenging, and hum...

#54 From Virtual Spring Meeting: Virtual Spring Keynote Featuring Dr. Jeff Chen: Cannabis, Competition and Consumer Protection from 2020-05-27T04:10

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...

#53 From Virtual Spring Meeting: Briefing with the State Enforcers from 2020-05-27T04:05

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!

State Attorneys General play ...

#52 From Virtual Spring Meeting: Agency Update with the FTC Bureau Directors from 2020-05-27T04:00

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 a...

#51 How Does This Pay? Understanding the Role of Litigation Funding from 2020-05-25T04:00

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 o...

#50 Can Robots Collude? Understanding the Competition Implications of AI from 2020-05-18T04:00

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

But does this practice raise antitrust enforcem...

#49 How Are They Doing? Assessing the State of Competition Law Enforcement by the U.S. Antitrust Agencies from 2020-05-11T04:00

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 co...

#48 How Do You Get to The Final Yes? The Art and Science of Settling Antitrust Class Actions from 2020-05-04T04:00

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 antitrus...

#47 Sequences&Sparks: Life Sciences Innovation Mergers from 2020-05-01T04:00

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...

#46 Antitrust, IP&Trade Wars from 2020-04-30T04:00

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 ...

#45 Honest Broker Or Advocate: Effective Expert Testimony from 2020-04-29T11:30

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...

#44 The Great Divide? Diverging State / Federal Enforcement from 2020-04-29T04:00

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 per...

#43 No-poach: Assessing Risk In Uncertain Seas from 2020-04-28T04:00

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 applica...

#42 Consumer Protection Year In Review from 2020-04-27T04:00

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 ad...

#41 U.S. Privacy Law’s Future: Pandemic Impacts? from 2020-04-24T04:00

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 bala...

#40 Merger Analysis Gone Digital: Time To Reboot? from 2020-04-23T04:00

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 th...

#39 Big Data As An Antitrust Issue from 2020-04-22T04:00

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 glo...

#38 Whatever Happened To Global Cartel Enforcement? from 2020-04-21T04:00

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 ...

#37 Are You Hipster Enough? The New Brandeis School of Antitrust and How It's Changing the Agenda from 2020-04-13T04:00

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...

#36 Is Your Assistant Spying on You? Understanding the Privacy Law Issues Involving In-Home Assistants from 2020-04-06T04:00

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...

#35 What Is the Competitive Drug Price? Understanding Drug Pricing and Competition in Europe from 2020-03-30T04:00

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...

#34 What Changes Across the Northern Border? Five Key Differences Between US and Canadian Antitrust Law from 2020-03-23T04:00

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....

#33 Can I Just Disappear? The Privacy Right to Be Forgotten. from 2020-03-16T04:00

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 term...

#32 Is There Choice in Cheer? Considering Market Competition in Competitive Cheering from 2020-03-09T04:00

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? ...

#31 Why the Pushback? Understanding the Policy Challenges to the eBooks Enforcement Case. from 2020-03-02T05:00

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,...

#30 How Do I Build It? Practical Tips for Expanding Your Network. from 2020-02-24T05:00

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 Intro...

#29 What Does a Price Fixer Look Like? Understanding the Profile of Criminal Antitrust Defendants from 2020-02-17T05:00

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...

#28 Why All is Not Fair? Four Tips for Complying with Established FTC Advertising Principles. from 2020-02-10T05:00

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.

Les...

#27 Why Does it Matter? The Role of Big Data in Antitrust. from 2020-02-03T05:00

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 ...

#26 What's the Impact? The Role of Economists in Explaining Injury and Impact in Competition Cases. from 2020-01-27T05:00

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 antitru...

Breaking News Special: Draft Vertical Merger Guidelines from 2020-01-21T05:00

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 C...

#25 Are You Paying The Right Drug Price? The Role of Antitrust in Prescription Drug Pricing. from 2020-01-20T05:00

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 Ricar...

#24 What the Oyez? The Current Supreme Court and Antitrust from 2020-01-13T05:00

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 antitrus...

#23 How Do You Connect to Lead? Using Social Media to Enhance Your Practice from 2020-01-06T05:00

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 Na...

#22 Is the Price Right? Understanding Price Vertical Restraints in the United States. from 2019-12-23T05:01

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 chai...

#21 How Far Can I Go? EU Competition Law and Distribution from 2019-12-23T05:00

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 oth...

#20 Do You Understand the Game? Competition Law and E-sports. from 2019-12-16T05:00

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 rule...

#19 So What’s The Loss? An Economist’s Take on Private Antitrust Litigation Outside the U.S. from 2019-12-09T05:00

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...

#18 What Do the Numbers Say? Using Data as a Cartel Compliance Tool from 2019-12-02T05:00

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 h...

#17 What's the State of Things: 3 Things I Keep, 3 Things I Change (with Diana Moss) from 2019-11-25T05:00

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 thr...

#16 When Is Doing Good Bad? Antitrust in Social Responsibility Agreements. from 2019-11-18T05:00

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 ant...

#15 Why the Techlash? Antitrust Policy and Big Tech. from 2019-11-11T05:00

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 informat...

#14 What’s The State of Things: 3 Things I Keep, 3 Things I Change (with Josh Wright) from 2019-11-04T05:00

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 thr...

#13 Is Your Compliance Program Designed to Detect Violations? Department of Justice's Criminal Enforcement Guidance from 2019-10-28T04:00

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...

#12 Who is Watching the Ads? The Biggest Mistakes Advertisers Make that Trigger Investigations. from 2019-10-21T04:00

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 investigati...

#11 How Do You Put the Bricks Together? Evidence that Makes a Difference at Merger Trials from 2019-10-14T04:00

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 tr...

#10 Caught in the Crosshairs? Representing Individuals in Criminal Cartel Matters from 2019-10-07T04:00

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 prose...

#9 What Should Be Done? The Debate on How EU Competition Law Should Respond to China from 2019-09-30T04:00

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 competiti...

#8 What is the Secret Sauce? Behind Developing a Complaint. from 2019-09-23T04:00

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 anti...

#7 Too Much Influence? Consumer Protection for Online Reviews and Influencers. from 2019-09-16T04:00

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 th...

#6 A Unique Case? The EU Takes on Amazon. from 2019-09-09T04:00

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 ...

#5 Where in the World? Understanding the Web of Global Antitrust. from 2019-09-02T04:00

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 Commissio...

#4 Can We Have Mergers Without Tears? Understanding the Basics of Merger Review. from 2019-08-26T04:00

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-C...

#3 Privacy for the General Public? The Expansion of Privacy Regulation in California&Beyond from 2019-08-19T04:00

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 Protectio...

#2 Is Leniency Dead? Long Live Leniency. from 2019-08-13T04:00

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 i...

#1 Rock Can’t Get No Satisfaction? Antitrust and Rock ‘n’ Roll. from 2019-08-12T16:00

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...

What is Our Curious Amalgam? from 2019-08-06T20:51:44

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 dive...