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#151 Are You Ready for Some Football? Antitrust and the NFL.
24 januari 2022 · 29 min
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 more broadly? Stephen Ross, a Penn State law professor and an expert on sports antitrust law, joins Sergei Zaslavsky and Christina Ma to discuss the history of NFL (and other sport) antitrust litigation and the key lessons for antitrust practitioners. Listen to this episode to learn about the key antitrust concepts that sports litigation helped develop and sharpen, from intra-enterprise agreement doctrine to the application of the rule of reason. Lees meer
Related Links:
American Needle v. National Football League Supreme Court Opinion
Stephen Ross bio and publications
Stephen Ross, The Single-Entity Doctrine of Antitrust as Applied to Sports Leagues
Hosted by:
Christina Ma, Wachtell, Lipton, Rosen & Katz and Sergei Zaslavsky, O'Melveny & Myers
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#150 Is This the End of Mandatory Arbitration? Turning the Tables With Mass Arbitration
17 januari 2022 · 26 min
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 in their employment and consumer agreements. But what happens when plaintiffs’ attorneys file individual arbitration cases on behalf of thousands of claimants at the same time? In this episode, co-hosts Alicia Downey and John Roberti speak with Dave Rochelson, author of "Is This the End of Mandatory Arbitration?" about the new wave of so-called “mass arbitrations,” in which the respondent may be required to pay aggregated filing and case administration fees totaling hundreds of thousands, or even millions of dollars. Listen to this episode to discover how mass arbitration is leveling the playing field and calling into question the cost-benefit proposition of class waivers and mandatory arbitration. Lees meer
Related Links:
David B. Rochelson, "Is This the End of Mandatory Arbitration?", Antitrust (ABA Fall 2021)
Hosted by:
Alicia Downey, Downey Law LLC and John Roberti, Allen & Overy LLP
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#149 Who Killed Chicken Farming in America? Concentration and Price-Fixing in the Poultry Industry
10 januari 2022 · 31 min
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 years, joins Food & Power writer Claire Kelloway and the former head of the USDOJ Antitrust Division's criminal section, Brent Snyder, to discuss consolidation and price-fixing in the industry. Listen to this episode to learn more about the life of a chicken farmer, the state of concentration in the meat industry, and whether the Biden Administration's plans to fix it will help. Lees meer
Related Links:
Why This Chicken Farmer Is Growing Mushrooms
Addressing Concentration in the Meat Processing Industry to Lower Food Prices for American Families
Biden Meatpacking Reforms Lack Punch, Say Critics
Obama's Game of ChickenHosted by:
Anant Raut and Christina Ma
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#148 What’s Behind the Scenes? Changes to Merger Control in China
3 januari 2022 · 35 min
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 JunHe’s Hong Kong office and leading practitioner based in Beijing, speaks with Anora Wang and Christina Ma on the amendment to China’s Anti-Monopoly Law, restructure of relevant agency and personnel, and new enforcement focused on tech. Listen to this episode to learn what happens behind the scenes of China’s merger control. Lees meer
Related Links:
2021 - Highlights of Anti-monopoly Guidelines in Field of Active Pharmaceutical Ingredients - Janet Hui
Hosted by:
Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz
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#147 What Were the Best Episodes of 2021? Our Curious Amalgam's Hosts Choose Their Favorites
27 december 2021 · 35 min
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, and competition law around the world. Which episodes stood out from the pack? In this special program, five of our regular hosts offer highlights from their favorite episodes of the past year. Hear Christina Ma, Alicia Downey, Matthew Hall, Kayla Odom, Anora Wang, and Melissa Maxman talk about what made these episodes worth listening to for the first or second time. Lees meer
Related Links:
The Best Episodes of 2021 (in order of appearance)
#119 Is This Game Over? Competition Law Implications of the Super League
#104 Have We Figured It Out? Online Privacy and Security in the “New Normal” of Video Conferencing
#128 When Will It Be the End of Global Anti-Suit Injunction Wars? Present & Prospective FRAND Litigation & Arbitration in China
#134 What Does It All Mean? Wu, Khan, Kanter and Antitrust Reform
#135 Is Equality a Value of Competition Law? A Conversation with Professor Eleanor Fox
Hosted by:
Christina Ma, Wachtell, Lipton, Rosen & Katz and Alicia Downey, Downey Law LLCAdditional Hosts:
Matthew Hall, McGuireWoods London LLP
Kayla Odom, Freitas & Weinberg LLP
Anora Wang, Davis Wright Tremaine LLP
Melissa Maxman, Cohen & Gresser LLP -
#146 Is It Time To Behave? A Conversation With Dr. Angela Zhang on China’s Approach to Data and Privacy
20 december 2021 · 35 min
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? Dr. Angela Zhang, Associate Professor at the University of Hong Kong and author of Chinese Antitrust Exceptionalism, joins Anora Wang and Christina Ma to discuss the recent changes to Chinese data regulation. Listen to this episode to learn more about how China is dealing with data privacy and what it means for companies and individuals. Lees meer
Hosted by:
Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz
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#145 What's the Harm? The Role of Uninjured Class Members in Class Certification.
13 december 2021 · 38 min
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 members who appear to have no injury? Katie Benson, a plaintiff's attorney with significant experience in class certification, joins John Roberti and Melissa Maxman to grapple with the question about what lines to draw around class members that appear to be uninjured. Listen to this episode to learn more about the complexity and subtlety of class certification. Lees meer
Related Links:
In re Rail Freight Fuel Surcharge Antitrust Litig., 934 F.3d 619 (Aug. 30, 2019)
In re Asacol Antitrust Litig., 907 F.3d 42 (1st Cir. 2018)Hosted by:
Melissa Maxman, Cohen & Gresser LLP and John Roberti, Allen & Overy LLP
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#144 What Is It Like Inside? Reflections on a Career as an In-House Lawyer
6 december 2021 · 35 min
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 Christina Ma and John Roberti to discuss his career as an in-house attorney and what makes the in-house experience so different. Listen to this episode to learn more about what it's like on the inside. Lees meer
Related Links:
Ben Heineman, The General Counsel As Lawyer-Stateman
Steven Cernak, Review of Ben Heineman's "The Inside Counsel Revolution"
Hosted by:
Christina Ma, Wachtell, Lipton, Rosen & Katz, and John Roberti, Allen & Overy
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#143 Does U.S. Bank Merger Enforcement Need To Be Revitalized? A Conversation With David Neill
29 november 2021 · 28 min
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 merger review of bank mergers actually need reform? David Neill, Of Counsel at Wachtell, Lipton, Rosen & Katz and a leading bank merger practitioner, speaks with Anora Wang and Christina Ma on whether modernization is needed or not. Listen to this episode to learn about U.S. bank merger reviews. Lees meer
Related Links:
Revising The Bank Merger Guidelines Part I, The Banking Law Journal (Jan. 2021)
Revising The Bank Merger Guidelines Part II, The Banking Law Journal (Feb. 2021)
Keep Politics Out of Bank Merger Antitrust Policy, Columbia Law School Blue Sky Blog (August 12, 2021)
Hosted by:
Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz
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#142 Where is the BCP Headed? Consumer Protection in the Biden Administration.
22 november 2021 · 37 min
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 practices. What approaches and policies are we seeing at the FTC under the Biden Administration when it comes to consumer protection? Former BCP Acting Director Daniel Kaufman joins John Roberti and Kayla Odom to discuss the FTC's approach to enforcement and policymaking in the consumer protection space in recent years. Listen in for an inside scoop on the processes of the BPC and what we might expect to see under the Biden Administration. Lees meer
Related Links:
Federal Trade Commission, Notices of Penalty Offenses
Enforcement Policy Statement Regarding Negative Option Marketing, Nov. 4, 2021Hosted by:
John Roberti, Allen & Overy LLP and Kayla Odom, Freitas & Weinberg LLP
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#141 A Power Grab Too Far? The European Commission Extends Its Merger Control Reach.
15 november 2021 · 34 min
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 and what are the broader implications? Salomé Cisnal de Ugarte, partner at law firm King & Spalding in Brussels, joins Christina Ma and Matthew Hall to discuss the Commission's jurisdictional grab under Article 22 of the EU Merger Regulation, which other deals might be affected and the practical implications for dealmakers. Listen to this episode to learn more about this new uncertainty in merger control in the EU and how to identify and mitigate the risk. Lees meer
Related Links:
European Commission Guidance on the application of Article 22 of the EU Merger Regulation to certain cases (March 2021)
European Commission case page Illumina/GRAIL merger investigation
European Commission case page Illumina/GRAIL interim measures
Hosted by:
Christina Ma, partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, partner, McGuireWoods London LLP
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#140 Do All the Bids Look the Same? Investigations by DOJ's Procurement Collusion Strike Force and the FBI
8 november 2021 · 45 min
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 government detect and investigate these crimes and who are the prosecutors and FBI agents that work these cases? DOJ Strike Force Director Daniel Glad and Supervisory Special Agent Kelvin Ortiz join John Roberti and Wendy Huang Waszmer to discuss the government's effort on a national level to combat collusion, antitrust crimes and related fraudulent schemes. Listen to this episode to learn more about the DOJ's Strike Force and the crimes being investigated and prosecuted Lees meer
Related Links:
FBI Tips
Procurement Collusion Strike Force Page
FBI's International Public Corruption Page
Dan Glad speech to the ABA’s Section of Public Contract Law about the PCSF: The Procurement Collusion Strike Force: A Whole-of-Government Approach to Combating a Whole-of-Government Problem
A quick summary of the per se violations and red flags: Price Fixing, Bid Rigging, and Market Allocation Schemes: What They Are and What to Look For
The criminal enforcement program’s public page: Criminal Enforcement
The Antitrust Division’s Leniency Program: Leniency Program
The new compliance policy: Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations
Criminal Antitrust Anti-Retaliation Act (“CAARA”), 15 U.S.C. § 7a-3, full text: Criminal Antitrust Anti-Retaliation Act (CAARA) | Whistleblower Protection Program
Hosted by:
Wendy Huang Waszmer and John Roberti
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#139 Why Choose One? Antitrust as an Enforcement Tool for Financial Services
1 november 2021 · 31 min
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 it a better tool)? Benjamin Sirota joins Jana Seidl and John Roberti to discuss lessons learned from the DOJ's LIBOR and FX prosecutions - the first in terms of close cooperation between fraud and antitrust prosecutors - and predictions for what we may see next. Listen to this episode to learn more about the history of applying antitrust to financial services and how antitrust may fit in future cases involving financial services companies. Lees meer
Related Links:
https://www.justice.gov/opa/speech/deputy-assistant-attorney-general-michael-murray-delivers-remarks-university-michigan-law
https://www.justice.gov/opa/speech/file/1310506/download
https://www.justice.gov/opa/pr/justice-department-s-antitrust-division-and-securities-and-exchange-commission-sign-historic
https://www.justice.gov/opa/pr/justice-department-joins-computational-antitrust-project-stanford-law-school
Hosted by:
John Roberti, Partner, Allen & Overy LLP and Jana Seidl, Senior Associate, Baker Botts LLP
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#138 Should Congress Enact Federal Data Privacy Legislation? The Case for a National Consumer Data Protection and Enforcement Regime
25 oktober 2021 · 30 min
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 level has grown louder. How far should federal legislation go in preempting the emerging patchwork of state data privacy laws? In this episode, hosts Alicia Downey and John Roberti talk with Maureen Ohlhausen, former Acting Chairman of the FTC, about whether comprehensive federal data privacy legislation is a better approach to regulating the collection, use, and sharing of consumers’ personal data. Listen to this episode to learn more about the FTC's role in enforcing existing consumer data privacy laws and the key differences among the current proposals for broader federal legislation. Lees meer
Related Links:
July 28, 2021 Press Release, Senate Committee on Commerce, Science, and Transportation
September 29, 2021, Senate Hearing on Protecting Consumer Privacy, on C-Span
Congress Should Enact a National, Comprehensive Consumer Privacy Framework, Testimony of Maureen K. Ohlhausen, Former Acting Chair of the Federal Trade Commission, before the Senate Committee on Commerce, Science, and Transportation (September 29, 2021)
Maureen K. Ohlhausen, Matthew R. Baker, & Jonathan J. Duzak-Forestier, A Once and Future Federal Privacy Law?, The Antitrust Source (April 2020)
Hosted by:
Alicia Downey, Downey Law LLC and John Roberti, Allen & Overy LLP
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#137 Have We Been Down This Road Before? What History Can Teach Us About the Current Rethinking of Antitrust.
18 oktober 2021 · 34 min
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. What can we learn from previous shifts in antitrust doctrine? Jonathan Baker, law professor at American University and author of The Antitrust Paradigm: Restoring a Competitive Economy, joins Christina Ma and Sergei Zaslavsky to discuss the lessons from the past and what they mean for the current antitrust reform movement. Listen to this podcast for a historical perspective that clarifies the current antitrust debate by placing it in the context of decades-old trends and a political compromise dating back to the 1940s. Lees meer
Related Links:
The Antitrust Paradigm: Restoring a Competitive Economy
United States v. Microsoft DC Circuit en banc opinion
Hosted by:
Sergei Zaslavsky, O'Melveny & Myers and Christina Ma, Wachtell, Lipton, Rosen & Katz
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#136 The Next Big Thing? Understanding the Intersection of Blockchain and Antitrust.
11 oktober 2021 · 40 min
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 antitrust? Thibault Schrepel, author of Blockchain + Antitrust: The Decentralization Formula, joins Sergei Zaslavsky and John Roberti to demystify blockchain, explain the significance of this technology, and discuss why antitrust regulators and practitioners need to take note. Listen to this episode for a clear elucidation of what blockchain is (and even where the name comes from), and how it will impact antitrust enforcement. Lees meer
Related Links:
Thibault Shrepel, Blockchain + Antitrust: The Decentralization Formula
Blockchain Antitrust (open source academic studies on blockchain and antitrust)Hosted by:
John Roberti, Allen & Overy and Sergei Zaslavsky, O'Melveny & Myers
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#135 Is Equality a Value of Competition Law? A Conversation with Professor Eleanor Fox
4 oktober 2021 · 37 min
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 this episode, we talk with Professor Eleanor Fox of New York University School of Law about her research into the deep connections between wealth and income inequality and competition law in the U.S. and other jurisdictions. Listen to this episode to learn about these connections and the case for including an "equality value" in antitrust analysis. Lees meer
Related Links:
Abstract: Antitrust and Inequality: The History of (In)equality in Competition Law and Its Guide to the Future, by Eleanor M. Fox and Philipp Bazenov
W.L. Esquire (1977), a novel by Eleanor M. Fox
Hosted by:
Alicia Downey, Downey Law LLC and John Roberti, Allen & Overy LLP
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#134 What Does It All Mean? Wu, Khan, Kanter and Antitrust Reform.
27 september 2021 · 44 min
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 impacts will these appointments have and what are some of the challenges they will face? Bill Kovacic, Director of the Competition Law Center at George Washington University and the Former Chair of the FTC, joins Christina Ma and Melissa Maxman to discuss how the near decade-long debate about antitrust reform may play out in the new administration. Listen to this episode to learn more about what to expect for antitrust reform and enforcement going forward. Lees meer
Related Links:
Epic Games, Inc. vs Apple, Inc.
Hosted by:
Christina Ma, Wachtell, Lipton, Rosen & Katz and Melissa Maxman, Cohen & Gresser
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#133 Was It Populism? Understanding Merger Review During the Trump Administration.
20 september 2021 · 38 min
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 and Peter McCormack, authors of a recent article in Antitrust Magazine on the Trump Administration's merger enforcement record, join John Roberti to discuss their retrospective and insights on whether politics, populism or other factors may have played a role in merger enforcement. Listen to this episode to learn more about the evolution of merger enforcement policy in the Trump Administration and beyond. Lees meer
Related Links:
Andrea Murino, Peter McCormick, Katie Drummonds and Emily Hsu, Populist Instincts: A Trump Administration Antitrust Merger Retrospective, Antitrust Magazine Summer 2021
FTC and DOJ, Annual Hart Scott Rodino Report 2019
2010 Horizontal Merger Guidelines
2017 Merger Remedies Report
2020 Comments on Merger Guidelines
Hosted by:
John Roberti, Allen & Overy LLP
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#132 What Is The Right To Repair? Conversation With Gay Gordon-Byrne
13 september 2021 · 36 min
“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 mean for consumers? Gay Gordon-Byrne, Executive Director of the Repair Association, a grassroot organization advocating for repair-friendly policies, speaks to Anora Wang and Christina Ma about her involvement, objectives, and predictions. Listen to this episode to learn about the still evolving “right to repair” issue. Lees meer
Related Links:
Nixing the Fix: An FTC Report to Congress on Repair Restrictions (May 2021)
Hosted by:
Christina Ma, Wachtell, Lipton, Rosen & Katz and Anora Wang, Davis Wright Tremaine LLP
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#131 What Did We Learn? Ida Tarbell and the Role of Theory vs. Fact in Shaping Antitrust Law
6 september 2021 · 40 min
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. What happens when we rely on the wrong argument? Antitrust scholar Christopher Leslie goes back 100 years in antitrust law history with Tammy Zhu and John Roberti to dissect the work of influential writers who have shaped the course of antitrust law. Listen to this episode to learn about the fascinating collision courses between facts and theory in antitrust law history. Lees meer
Related Links:
Christopher Leslie, Revisiting the Revisionist History of Standard Oil
Christopher Leslie, Faculty webpageHosted by:
John Roberti, Allen & Overy LLP and Tammy Zhu, Sourcegraph
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#130 Ball is Life? The Alston Decision and What It Means for Sports Antitrust Law
30 augustus 2021 · 37 min
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 Washington, DC office of Hausfeld LLP, joins Christina Ma and Jessica Watters to discuss the recent Supreme Court decision in NCAA v. Alston. Listen to this episode if you want to learn more about the history of competition issues in college athletics and what may be coming down the line. Lees meer
Related Links:
SCOTUS Blog - NCAA v. Alston Decision
Business of College SportsHosted by:
Christina Ma and Jessica Watters
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#129 What’s the Plan? A Conversation with Antitrust Law Section Chair Jonathan Gleklen and Counsel to the Chair Yasmine Harik
23 augustus 2021 · 38 min
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 the Section for the past twenty years. In this episode, co-hosts Alicia Downey and John Roberti talk about the Section's goals and priorities for the coming year with Jon and Yasmine Harik, who will support Jon in the important role of Counsel to the Chair. Listen to this episode and get to know Jon and Yasmine as they step into their new leadership roles. Lees meer
Related Links:
Antitrust Law Section
Hosted by:
Alicia L. Downey, Downey Law LLC and John Roberti, Allen & Overy LLP
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#128 When Will It Be the End of Global Anti-Suit Injunction Wars? Present & Prospective FRAND Litigation & Arbitration in China
16 augustus 2021 · 34 min
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 work? Jing He, founding partner of GenLaw and a leading practitioner with decades of experience in intellectual property, antitrust, and complex litigation, speaks with Anora Wang and Christina Ma about FRAND litigation and arbitration in China. Listen to this episode to explore the frontier of global FRAND wars. Lees meer
Related Links:
1. He Jing, The Science of China’s Frand Rate-Setting, CPI (March 2020)
2. Jing He, Annie Xue, Melissa Feng, Could (China-Based) Arbitration Save the FRAND Rate Setting Game?, CPI (March 2021)
Hosted by:
Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz
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#127 Does the FRAND Framework Need a Fix?: Conversation With Prof. Jorge Contreras About Antitrust and IP
9 augustus 2021 · 36 min
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) terms is a perfect example. Does the widely accepted FRAND framework work well or is it time to think about improvements? Prof. Jorge Contreras, law professor and recognized expert on antitrust and IP, speaks with Anora Wang and Christina Ma on the innovator-implementer dichotomy, remedies, and races to courthouses worldwide. Listen to this episode to learn about the most critical issues about FRAND. Lees meer
Related Links:
1. Contreras, Jorge L., Rationalizing U.S. Standardization Policy: A Proposal for Institutional Reform (April 19, 2021). Antitrust 35(2): 41-47 (Spring 2021), Available at SSRN
2. Contreras, Jorge L., Global Rate Setting: A Solution for Standard-Essential Patents? (September 23, 2018). 94 Washington Law Review 701 (2019), University of Utah College of Law Research Paper No. 284, Available at SSRN
Hosted by:
Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz
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#126 How and When FRAND Can Be an Antitrust Issue: Conversation With Lisa Kimmel on the Fundamentals
2 augustus 2021 · 37 min
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 level? Lisa Kimmel, a leading practitioner and expert on competition and IP, speaks with Anora Wang and Christina Ma on the nuts and bolts of the principles and applications of FRAND in industries, consideration under antitrust laws, and relevant development in the U.S. Listen to this episode to get a primer on FRAND. Lees meer
Related Links:
Lisa Kimmel, The Patent Market Power Fallacy: Recalibrating Market Power and Standard-Essential Patents, The Licensing Journal, Vol. 41, No. 2. (February 2021),
Hosted by:
Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz
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#125 Is This a Tragedy of the Commons? Antitrust Law and Open-Source Licensing
26 juli 2021 · 39 min
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 these open-source companies continue to thrive? Open-source licensing expert Heather Meeker joins Tammy Zhu and John Roberti to talk about the recent competitive tension between cloud providers and open-source software providers. Listen to this episode to learn more about how exploitative behavior is impacting open license agreements and the potential ways forward for developers. Lees meer
Related Links:
The Elastic 2.0 white paper
How to get a free copy of Heather's book, Open Source for Business
A series of videos on open source licensing
October 2020 report on Investigation of Competition in Digital Markets
Hosted by:
Tammy Zhu, Head of Legal, Sourcegraph and John Roberti, Partner, Allen & Overy LLP
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#124 What’s My Message? Government Relations and Antitrust in the EU.
19 juli 2021 · 30 min
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 and strategic communications adviser who has worked in Brussels and London, joins Christina Ma and Matthew Hall to discuss this important aspect of case management. Listen to this episode to learn more about preparing and presenting the public message around an investigation by the European Commission and other regulators. Lees meer
Related Links:
EU Transparency Register
"Swamp in the heart of Europe": The Economist 15 May 2021
Hosted by:
Christina Ma, partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, partner, McGuireWoods London LLP
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#123 Dovetail or Discord? The Evolving Relationship between Antitrust and Data Privacy Law
12 juli 2021 · 27 min
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 of dominant digital firms. Professor Erika Douglas is a leading voice in the vanguard of thinkers considering the ways in which data privacy and antitrust laws interact with each other currently and how they should interact in the future. Join co-hosts Alicia Downey and Christina Ma for an in-depth exploration with Professor Douglas about the tensions and touchpoints between competition and data privacy. Listen to this episode to understand cutting edge issues of concern to global digital businesses and the consumers who engage with them. Lees meer
Related Links:
Erika M. Douglas, The New Antitrust/Data Privacy Law Interface, 30 Yale L.J. Forum (Jan. 18, 2021)
Hosted by:
Alicia Downey, Downey Law LLC and Christina Ma, Wachtell, Lipton, Rosen & Katz
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#122 What Happens in Their Smoke-Filled Room? Cooperation and Collaboration Among Antitrust Regulators.
5 juli 2021 · 29 min
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 Christina Ma and Matthew Hall to discuss regulatory cooperation in merger control and antitrust cases. Listen to this episode to learn more about current developments in this area, what the future holds and practice points. Lees meer
Related Links:
EU US high-level trade and technology council and
Joint Technology Competition Policy DialogueMultilateral Pharmaceutical Merger Task Force
Joint statement by the Competition and Markets Authority, Bundeskartellamt, and Australian Competition and Consumer Commission on merger control
Hosted by:
Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, Partner, McGuireWoods London LLP
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#121 How Do They Get Paid? The FTC's Use of Monetary Relief for Deterrence and Compensation
28 juni 2021 · 36 min
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 authority for disgorgement, what will the FTC do? Lees meer
Lydia Parnes, a partner at Wilson, Sonsini, Goodrich & Rosati and former Director of the Bureau of Consumer Protection at the FTC, joins Elyse Dorsey and John Roberti to discuss the history and future of disgorgement remedies. Listen to this episode to learn more about how the FTC can and should use monetary relief to pursue its mission.
Related Links:
AMG CAPITAL MANAGEMENT, LLC, ET AL. v. FEDERAL TRADE COMMISSION
Lydia Parnes et. al., AMG v. FTC: U.S. Supreme Court Ends Key FTC Consumer Protection Enforcement Practice
Hosted by:
John Roberti, Allen & Overy LLP and Elyse Dorsey, George Mason University
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#120 What Advice Do You Have for a Young Lawyer? Words of Wisdom from Our Guests
21 juni 2021 · 32 min
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, the answers to that question were educational, brilliant, sometimes unexpected, and always heartfelt. The best of that advice is featured in a single episode highlighting words of wisdom from some of the brightest lights in the field of antitrust and consumer protection. No matter where you are in your career path, listen to the episode for inspiration on how to lay the groundwork for success in any practice setting. Lees meer
Hosted by:
Alicia Downey, Downey Law LLC, Jessica Watters, Skadden, Arps, Slate, Meagher & Flom LLP, and John Roberti, Allen & Overy LLP
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#119 Is This Game Over? Competition Law Implications of the Super League.
14 juni 2021 · 29 min
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 Christina Ma and Matthew Hall to discuss the concerns and their wider relevance. Listen to this episode to learn more about the Super League, how competition law may apply to the proposal and its application to other sports. Lees meer
Related Links:
Super League website
The Super League and its related issues under EU Competition Law, Dwayne Bach (22 April 2021)
Commercial Court of Madrid reference to European Court of Justice (11 May 2021) (in Spanish)
Statement by UEFA, the English Football Association, the Premier League, the Royal Spanish Football Federation (RFEF), LaLiga, the Italian Football Federation (FIGC) and Lega Serie A in relation to the Super League (18 April 2021)
EU General Court judgment in Case T-93/18, International Skating Union v Commission (16 December 2020)
An Introduction To The ELF - Europe's New Professional American Football League, Ansgar Faßbender, Dwayne Bach (19 February 2021)
Hosted by:
Christina Ma, partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, partner, McGuireWoods London LLP
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#118 What’s The Role Of Journalism In Antitrust?: A Conversation With Leah Nylen
7 juni 2021 · 36 min
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? Leah Nylen, seasoned antitrust reporter at POLITICO, speaks with John Roberti and Anora Wang about everything ranging from meeting in parking garages exchanging secret papers, muckraking and informing the public, to how to speak with a journalist. Listen to this episode to learn all about antitrust journalism. Lees meer
Related Links:
https://www.politico.com/states/staff/leah-nylen
Hosted by:
John Roberti, Allen & Overy LLP and Anora Wang, Davis Wright Tremaine LLP
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#117 Can It Be Resolved? The Use of Mediators to Settle Antitrust Class Actions.
31 mei 2021 · 46 min
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 Chief Judge of the Northern District of California and now mediator, joins John Roberti and Kayla Odom to discuss how mediation can help parties reach certainty and finality, the best timing for mediation, and strategies mediators use to help participants. Listen in to learn why people should choose mediation, and to learn the "do's" and "don'ts" when it comes to mediation and making settlement possible. Lees meer
Related Links:
#112 What Can AI Do? Examining the Possibilities of Using Artificial Intelligence in the Law
Hosted by:
John Roberti, Partner, Allen & Overy LLP and Kayla Odom, Associate, Freitas & Weinberg LLP
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#116 Can Non-Competes Be Procompetitive?: An Economist’s View
24 mei 2021 · 34 min
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 Director at National Economic Research Associates, Inc. (NERA), speaks with Anora Wang and Christina Ma about the interests and tradeoffs involved in a non-compete agreement and relevant enforcement and legal developments in this space, especially at the state level. Listen to this episode to get the economic story behind non-competes. Lees meer
Related Links:
Paul Wong, Yun Ling, Emily Walden, Non-Compete Agreements: Might They be Procompetitive in Healthcare?, CPI (May 11, 2020)
Comments of the Antitrust Law Section of the ABA in connection with the FTC workshop on "Non-competes in the workplace: Examining antitrust and consumer protection issues" (April 24, 2020)
Hosted by:
Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz
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#115 Are We Witnessing a Revolution? Putting the Debate Over Antitrust Reform Into Context.
17 mei 2021 · 32 min
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, and what are the implications for the future of antitrust law? Stanford Law School Professor Doug Melamed joins Sergei Zaslavsky and Christina Ma to put the current debate over antitrust doctrine into context. Listen to this episode for an insightful perspective on populist and technocratic calls for reform, including the potential pitfalls of making drastic changes to antitrust doctrine and potential pathways for achieving change without undermining antitrust's core strengths. Lees meer
Related Links:
Senator Klobuchar's Legislative Proposal (Competition and Antitrust Law Enforcement Reform Act)
Doug Melamed, Antitrust Law and Its Critics
Hosted by:
Christina Ma, Wacthell, Lipton, Rosen & Katz and Sergei Zaslavsky, O'Melveny & Myers
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#114 What Are the Generic and Biosimilar Industries Worried About? Current Competition Law Issues Impacting the Sector.
10 mei 2021 · 41 min
Generics and biosimilars are an important part of the pharmaceutical landscape in Europe. What are the competition law issues faced by suppliers of those products? Adrian van den Hoven, Director General of trade association Medicines for Europe, joins John Roberti and Matthew Hall to discuss the key concerns of generic and biosimilar suppliers and also the dramatic impact of COVID-19 on them. Listen to this episode to learn more about the application of competition law to pharmaceuticals and the background to the 2020 comfort letter granted by the European Commission at the request of Medicines for Europe. Lees meer
Related Links:
Medicines for Europe White Paper on Barriers to Generic and Biosimilar Market Entry
Medicines for Europe Paper on Patent Linkage
Medicines for Europe Paper on Divisional Patents
Hosted by:
John Roberti, Partner, Allen & Overy and Matthew Hall, Partner, McGuireWoods London LLP
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#113 Are “UDAPs” Protecting Consumers or Promoting Chaos? Exposing the Fault Lines under State Statutes Prohibiting Unfair and Deceptive Acts and Practices
3 mei 2021 · 34 min
State UDAP laws are powerful tools for private plaintiffs and state Attorneys General to redress marketplace misconduct and abuse of consumers. But with the growing proliferation of lawsuits based on novel theories of what constitutes "unfair" trade practices, is it time to rein them in? In this episode co-hosts Alicia Downey and Christina Ma talk to Matt Sawchak, UDAP scholar, antitrust litigator, and former solicitor general for the state of North Carolina, about the ongoing debate over the scope of and remedies afforded by UDAP legislation. Listen to this episode to learn about the sources of tension between state UDAP statutes and U.S. antitrust law. Lees meer
Related Links:
North Carolina Opera
The Official Tourist Website for PragueHosted by:
Alicia Downey, Downey Law LLC and Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz
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#112 What Can AI Do? Examining the Possibilities of Using Artificial Intelligence in the Law
26 april 2021 · 39 min
Artificial Intelligence has been an increasingly important element of legal practice, including in antitrust and consumer protection. What is the next step for Artificial Intelligence? Joshua Davis, a professor at the University of San Francisco School of Law, joins Kayla Odom and John Roberti to discuss the potential and limits for the next generation of Artificial Intelligence. Listen to this episode to learn about whether robo lawyers may be appearing before robo judges anytime soon. Lees meer
Related Links:
Law Without Mind: AI, Ethics, and Jurisprudence
Artificial Wisdom? A Potential Limit on AI in Law (and Elsewhere)
AI and Interdependent Pricing: Combination Without Conspiracy?
Hosted by:
John Roberti, Partner, Allen & Overy LLP and Kayla Odom, Associate, Freitas & Weinberg LLP
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#111 A Never-Ending Issue? The Report of the EU Expert Group on Standard Essential Patents
19 april 2021 · 33 min
Standard Essential Patent (SEP) licensing and valuation is an extremely challenging and difficult area worldwide. What does the January 2021 report of the EU SEPs Expert Group add to the discussion? Aleksandra Kuznicka-Cholewa, a member of the Expert Group, joins Christina Ma and Matthew Hall to discuss the work of the group and the proposals made in its report. Listen to this episode to learn more about the key SEP licensing and valuation issues which are being grappled with in the EU and elsewhere. Lees meer
Related Links:
Group of Experts on Licensing and Valuation of Standard Essential Patents: Contribution to the Debate on SEPs
UK Supreme Court judgment Unwired Planet
Referral to European Court of Justice Nokia/Daimler
Hosted by:
Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, Partner, McGuireWoods London LLP
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#110 What Is It Like? Understanding the Views and Perspectives of a Plaintiff’s Lawyer
12 april 2021 · 45 min
Often the private antitrust and consumer protection bar is slightly more defense-oriented. But what is it like to be a leading plaintiff's lawyer in consumer class actions? Daniel Karon, class action attorney with 30+ years of experience, speaks with John Roberti and Anora Wang on the possible changes of legislation and policy affecting class actions, federal and state enforcement, and the plaintiff-side practice in general. Listen to this episode to learn about the perspectives of a plaintiff’s lawyer. Lees meer
Related Links:
Daniel Karon, What The Biden Presidency Means For Class Actions, Law360 (Feb. 11, 2021)
Hosted by:
John Roberti, Allen & Overy LLP and Anora Wang, Davis Wright Tremaine LLP
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#109 When Does Benchmarking Cause Antitrust Anxiety? The Use and Misuse of Competitors’ Data
5 april 2021 · 32 min
Many industries routinely use data collected from multiple competing companies to develop price, cost and performance benchmarks. But when do benchmarking activities raise antitrust concerns? Co-hosts Alicia Downey and Christina Ma ask John Delacourt, general counsel to an international trade association and co-chair of the Antitrust Law Section's Trade, Sports and Professional Associations Committee, about managing the risks of collective participation in benchmarking programs in an era of heightened antitrust scrutiny and enforcement. Listen to this episode to learn about the right way and the wrong way to collect and use competitors' data. Lees meer
Related Links:
DOJ/FTC Statements of Antitrust Enforcement Policy in Health Care (1996)
DOJ/FTC Antitrust Guidance for Human Resource Professionals (2016)
Hosted by:
Alicia Downey, Downey Law LLC and Christina Ma, Wachtell, Lipton, Rosen & Katz
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#108 What's the Hubbub About No-Poach? Recent Antitrust Enforcement in Labor Markets.
29 maart 2021 · 26 min
There has been growing interest in labor antitrust enforcement, particularly with the DOJ bringing its first criminal no-poach and wage-fixing cases in late 2020 and early 2021. How do we make sense of this vitally important but relatively unsettled area of law? Megan Gerking, a partner at Morrison & Foerster, joins Christina Ma and Sergei Zaslavsky to provide context around the recent enforcement actions and practical guidance on labor antitrust issues. Listen to this episode to learn about where we are, how we got here, and where we are likely to go in no-poach and wage-fixing enforcement. Lees meer
Related Links:
DOJ and FTC 2016 Antitrust Guidance for HR Professionals
United States v. Jindal indictment
United States v. Surgical Care Affiliates, LLC indictment
Hosted by:
Sergei Zaslavsky, O'Melveny & Myers and Christina Ma, Wachtell, Lipton, Rosen & Katz
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#107 How Far Can You Go? U.S. Merger Enforcement Under Section 2 of the Sherman Act
22 maart 2021 · 37 min
U.S. merger enforcement has been active in recent years, involving legal challenges pursued under some newer theories. But can it go too far to bring certain challenges under Section 2 of the Sherman Act? Koren Wong-Ervin, partner at Axinn, Veltrop, & Harkrider LLP, and a recognized thought leader in the antitrust bar, speaks with Anora Wang and John Roberti on the critical differences and issues involved in merger challenges brought under Section 2 of the Sherman Act, as compared to Section 7 of the Clayton Act. Listen to this episode to learn about the most recent development in U.S. merger enforcement. Lees meer
Related Links:
Douglas H. Ginsburg & Koren Wong-Ervin, Challenging Consummated Mergers Under Section 2, Competition Policy International (May 2020)
Our Curious Amalgam, #69 Another Way to Unring the Bell? Private Litigation Challenging Consummated Merger
Hosted by:
Anora Wang, Davis Wright Tremaine LLP and John Roberti, Allen & Overy LLP
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#106 Is It Time to Rethink Section 230? The Debate Over the Liability Exemption for Internet Platforms
15 maart 2021 · 29 min
Section 230 of the 1996 federal Communications Decency Act immunizes online platforms from civil liability based on third-party content as well as for removing such content in certain circumstances. Twenty-five years after its enactment, has this immunity gone too far in protecting the behemoth internet companies from accountability and facilitating their pervasive growth and online presence? In this episode, co-hosts Alicia Downey and Christina Ma talk to O’Melveny partner Tod Cohen, a former in-house legal and public policy counsel for a number of prominent social media and e-commerce companies, about the connection between Section 230 and antitrust concerns regarding certain Internet platforms, and why Section 230 has become such a focal point of controversy. Listen to this episode to learn why Section 230 will likely continue to be making headlines in the world of antitrust and consumer protection. Lees meer
Related Links:
CDA Section 230: Its Past, Present, and Future
Hosted by:
Christina Ma, Wachtell, Lipton, Rosen & Katz and Alicia Downey, Downey Law LLC
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#105 How Do We Do Better? Increasing Opportunities for Women in Economic Expert Roles
8 maart 2021 · 39 min
Measured in absolute numbers, there have been more women attorneys and economists working in the field of antitrust, as compared to one or two decades ago. But is there greater diversity and inclusion as well, especially in leadership roles? Dr. Antara Dutta, Principal Economist at Amazon, Co-Chair of the ABA Antitrust Section’s Diversity.Advanced Initiative, speaks with Anora Wang and John Roberti on how to increase opportunities for women in economic expert roles. Listen to this episode to learn about progress and roadblocks in achieving greater diversity and inclusion for attorneys and economists alike. Lees meer
Related Links:
Diversity.Advanced Initiative
Hosted by:
Anora Wang, Davis Wright Tremaine LLP and John Roberti, Allen & Overy LLP
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#104 Have We Figured It Out? Online Privacy and Security in the “New Normal” of Video Conferencing.
1 maart 2021 · 38 min
The COVID-19 pandemic has forced many aspects of our everyday lives to go virtual, and the surge in demand for videoconferencing technology has come with a variety of problems when it comes to privacy, cybersecurity, and consumer protection. Do we finally have a handle on the problems that came with this "Zoom Boom"? From connectivity and consumer choice to misleading claims of data security and cyber attacks, privacy and cybersecurity experts Claudia Rast and David Turetsky join Kayla Odom and Christina Ma to discuss the gambit of issues we have faced surrounding videoconferencing technology. Listen in to learn more about these issues and about what other issues we might expect to encounter when it comes to the use of videoconferencing platforms. Lees meer
Related Links:
FTC Gives Final Approval to Settlement with Zoom over Allegations the Company Misled Consumers about Its Data Security Practices
Federal Prosecutors Accuse Zoom Executive of Working with Chinese Government to Surveil Users and Suppress Video Calls
Why Insider ‘Zoom Bombs’ Are So Hard to Stop
Hosted by:
Christina Ma, Wachtell, Lipton, Rosen & Katz and Kayla Odom, Freitas & Weinberg LLP
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#103 What's Next for Antitrust Enforcement? The Antitrust Section Presidential Transition Report.
22 februari 2021 · 37 min
The ABA Antitrust Law Section issues a Presidential Transition Report each time a new administration enters the White House. What agenda does the latest Report recommend for the incoming leaders of the antitrust agencies? Transition Report Task Force leaders Rich Parker and Bill MacLeod discuss the highlights from the Report and share their insights with Sergei Zaslavsky and Christina Ma. Listen to this episode to learn about the most important questions facing the antitrust enforcers in the Biden administration, including the future of the consumer welfare standard, merger policy for acquisitions of nascent competitors, and more. Lees meer
Related Links:
The Presidential Transition Report
Hosted by:
Christina Ma, Wachtell, Lipton, Rosen & Katz and Sergei Zaslavsky, O'Melveny & Myers
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#102 What Is the State of the Section? A Midterm Talk With the Section Chair.
15 februari 2021 · 35 min
Serving as the Chair of the ABA Antitrust Law Section is the culmination of years of hard work and dedicated service to the organization and its members. What has it been like to lead an international association of antitrust and consumer protection lawyers, regulators, economists, and academics during a global pandemic? As the Section gears up for its Virtual Spring Meeting online March 23-26, 2021, Section Chair Gary Zanfagna sat down at the midpoint of his one-year term to talk to co-hosts Alicia Downey and John Roberti about the state of the Section. Listen to this episode to hear Gary's perspectives on the future of antitrust and the Section's role in shaping that future. Lees meer
Related Links:
Gary Zanfagna
Annual Spring Meeting
Hosted by:
John Roberti, Allen & Overy LLP and Alicia Downey, Downey Law LLC