Our Curious Amalgam

American Bar Association

Our Curious Amalgam explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in those areas. It is an amalgam because it is a group of diverse topics all in one place. It is curious because it gets the experts and asks them in-depth questions.

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391 episodes
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Episodes391

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May 23, 2022 · 33 min
#169 Shortchanged? The Treasury Department's Report on Labor Market Competition in the U.S.
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 Raut and Alicia Downey to discuss the startling findings of Treasury's investigation into labor market competition. Listen to this episode to learn what we've misunderstood about labor market power, why workers are getting paid less than they should, and President Biden's long history combating this issue. With special guest: Neil Mehrotra, Deputy Assistant Secretary for Macroeconomics in the U.S. Treasury Department's Office of Economic Policy Related Link: Investigation into labor market competition Hosted by: Anant Raut and Alicia Downey The episode is "Honoring Asian American and Pacific Islander Heritage Month" with Indian-American host Anant Raut and guest Neil Mehrotra.
May 16, 2022 · 35 min
#168 Is Antitrust Really Apolitical? Autocracy, Populism, and Antitrust
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 domain some consider to be apolitical? University of Warsaw Professor Maciej Bernatt joins Christina Ma and Sergei Zaslavsky to discuss the interrelationship between rising autocracy and populism in Central Europe (and other parts of the world) and competition policy and enforcement. Listen to this episode to learn how political change in Poland and Hungary has affected the antitrust world, and what lessons antitrust enforcers and practitioners can draw from this experience. With special guest: Maciej Bernatt, University of Warsaw Related Link: Maciej Bernatt's book, Antitrust and Populism (enter the code BERNATT22 at checkout for a 20% discount) Hosted by: Sergei Zaslavsky and Christina Ma
May 9, 2022 · 32 min
#167 What's Going On With State Enforcement? An Update From the Front Lines
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 agreements and pursuing cutting edge theories in prosecutions of Big Tech companies. How and why are the states making competition an enforcement priority? In this episode, hosts Melissa Maxman and Alicia Downey talk with Milton Marquis, an antitrust practitioner with decades of experience representing clients in state investigations and enforcement proceedings. Listen to this episode to learn about the current enforcement scene and sectors of interest to state enforcers. With special guest: Milton A. Marquis, Partner, Cozen O'Connor Hosted by: Melissa Maxman, Partner, Cohen & Gresser and Alicia Downey, Downey Law LLC
May 2, 2022 · 25 min
#166 What Say You? International Enforcers Live at Spring Meeting 2022 (Part 2)
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 Advocate John Simpson, Tribunal Member of South Africa's National Consumer Tribunal, Brenda Gisela Hernández Ramírez, Acting Chair of COFECE (Mexico), and Ricardo Riesco, Head of Fiscalía Nacional Económica (Chile), on their agencies' priorities for the year and advice for practitioners. Listen to this episode to hear from these international enforcers "live" from the Spring Meeting. With special guests: Advocate John Simpson, Tribunal Member, National Consumer Tribunal of South Africa, Brenda Gisela Hernández Ramírez, Acting Chair of COFECE (Mexico), and Ricardo Riesco, Head of Fiscalía Nacional Económica (Chile) Related Links: National Consumer Tribunal (South Africa) Comisión Federal de Competencia Económica/COFECE (Mexico) Fiscalía Nacional Económica (Chile) Hosted by: Anora Wang, Arnold & Porter and Alicia Downey, Downey Law LLC
Apr 25, 2022 · 24 min
#165 What Say You? International Enforcers Live at Spring Meeting 2022
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 Olivier Guersent, Director General of Competition at the European Commission and Martin Coleman, Panel Chair and Panel Inquiry Chair of the UK Competition and Markets Authority, on their priorities for the year and advice for practitioners. Listen to this episode to hear from these international enforcers "live" from the Spring Meeting. With special guests: Olivier Guersent, Director General, European Commission Competition and Martin Coleman, Panel Chair and Panel Inquiry Chair, Competition and Markets Authority Hosted by: Anant Raut and Anora Wang
Apr 18, 2022 · 33 min
#164 What's Bias Got To Do With It? A Discussion With Jury Experts on How To Plan for, Identify, and Address Jury Bias.
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 bias? Jury experts Christina Ouska and Johanna Hillard of JuryScope join John Roberti and Jaclyn Phillips to explain to us what we mean when we talk about jury bias, when trial teams should start thinking about jury bias, and what attorneys can do about it. Listen to this important episode to start to understand this big topic and learn strategies to deal with bias from the early stages of your case. With special guests: Johanna Hillard, President, JuryScope and Christina Ouska, Senior Trial Consultant, JuryScope Hosted by: Jaclyn Phillips, White & Case and John Roberti, Cohen & Gresser LLP
Apr 11, 2022 · 33 min
#163 Can We Talk About Breyer? Looking Back at Justice Breyer's Approach to Antitrust
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 clerk for Justices O'Connor and Kagan, joins Christina Ma and Jaclyn Phillips to talk about Justice Breyer's antitrust jurisprudence and what we might expect when a new Justice joins the Court. With special guest: Eric Citron, Partner, Goldstein & Russell Hosted by: Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Jaclyn Phillips, Associate, White & Case LLP
Apr 4, 2022 · 38 min
#162 How Has It Been Working? A Reflection on Europe's General Data Protection Regulation Four Years In
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 regulatory scheme that has served as a model for other jurisdictions developing their own data protection and data privacy laws, is the GDPR living up to its intended purposes? Adam Penman of McGuireWoods London joins Kayla Odom and Matthew Hall to reflect on the GDPR's impact on organizations and to discuss the trends relating to the rights afforded to individuals by the GDPR. Listen in for a look at the key developments in the data protection and data privacy landscape upon the GDPR's fourth anniversary. Related Links: #33 Can I Just Disappear? The Privacy Right to Be Forgotten. #89 What's the Deal with Data Portability? Understanding the Competition and Privacy Aspects Surrounding the Movement of Data. Hosted by: Kayla Odom, Freitas & Weinberg LLP and and Matthew Hall, McGuireWoods
Mar 28, 2022 · 32 min
#161 Is This a New Era of Federal Trade Regulation by Rule? The Past, Present, and Future of FTC Rulemaking
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 litigation to "legislative-style" rulemaking. What does that mean in practical terms? In this episode, co-hosts Jana Seidl and Alicia Downey speak with Adam White, a senior fellow at the American Enterprise Institute, and co-director of George Mason University's Gray Center for the Study of the Administrative State, about what FTC rulemaking looks like and what we can expect. Listen to this episode to learn more about how FTC rulemaking started, how it evolved, recent changes to the process, and where the FTC may be headed with rulemaking. Related Links: FTC - Statement of Regulatory Priorities (Dec. 10. 2021) Executive Order on Promoting Competition in the American Economy (July 9, 2021) FTC - A Brief Overview of the Federal Trade Commission's Investigative, Law Enforcement, and Rulemaking Authority (May 2021) Hosted by: Jana Seidl, Baker Botts LLP and Alicia Downey, Downey Law LLC
Mar 21, 2022 · 39 min
#160 What in the World Is Happening With Antitrust Enforcement? Antitrust Cartel Enforcement's Return to Global Scale in 2022
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 likely to come into focus in 2022? John Terzaken, Partner and Global Co-Chair of Simpson Thacher's Antitrust and Trade Regulation Practice, joins Matthew Hall and Jaclyn Phillips to discuss the rise in cartel enforcement activity and what trends to look out for in 2022. Listen to this episode to learn more about enforcement priorities that may be on the rise and whether we can expect to see the growing globalization of enforcement in 2022. Related Links: Simpson Thacher's 2022 Global Cartel Forecast Hosted by: Matthew Hall, Partner, McGuireWoods London LLP and Jaclyn Phillips, Associate, White & Case LLP
Mar 14, 2022 · 30 min
#159 What's Next for EU Competition Policy? The European Commission's Competition Policy Review
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 changes and the direction of policy? Claire Jeffs, competition law partner at Slaughter and May, joins Matthew Hall and Jaclyn Phillips to discuss the various issues covered by the Competition Policy Review and what it means. Listen to this episode to learn more about the direction of EU competition law and policy including how it will work alongside the EU's key policy goals of the green and digital transitions. Related Links: European Commission EU Competition Policy Review November 2021 Hosted by: Matthew Hall, partner, McGuireWoods London LLP, and Jaclyn Phillips, associate, White & Case LLP
Mar 7, 2022 · 38 min
#158 What's So Special About Hospitals? An Examination and Look Into Hospital Merger Review and Analysis
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 economic expert in this area, joins Christina Ma and Elyse Dorsey to discuss this critical area of agency enforcement. Listen to this episode to hear more about how the agencies consider the costs—and potential benefits—of hospital mergers, and how changes driven by the COVID-19 pandemic, technological developments, and more are impacting this analysis. Related Links: Hospital Merger Benefits: Views from Hospital Leaders and Econometric Analysis by Monica Noether, Ph.D. and Sean May, Ph.D. Hospital Merger Benefits: Views from Hospital Leaders and Econometric Analysis - American Hospital Association Hosted by: Elyse Dorsey and Christina Ma
Feb 28, 2022 · 37 min
#157 Do We Need a Check? Big Tech and the American Innovation and Choice Online Act
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 with Melissa Maxman and Christina Ma to discuss the benefits of The American Innovation and Choice Online Act, S. 2992. Listen to this episode of Our Curious Amalgam to learn more about this bill and why proponents claim that comprehensive antitrust legislation is needed to restore competition and ensure small business owners have an opportunity to succeed. Hosted by: Melissa Maxman, Partner, Cohen & Gresser LLP, and Christina Ma, Wachtell, Lipton, Rosen & Katz
Feb 28, 2022 · 33 min
#156 Can They Help Themselves? Self-Preferencing at Large Platforms.
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 seeking to rein in the self-preferencing tactics and policies of some of the biggest technology platforms in the world. But is it a good idea to eliminate self-preferencing by large platforms? Adam Kovacevich, founder and CEO of the Chamber of Progress, joins John Roberti and Sarah Zhang to discuss whether it is necessary to address self-preferencing behavior by big tech platforms. Listen to this episode to learn more from an expert who has thought extensively about these issues. Related Links: Chamber of Progress Hosted by: John Roberti and Sarah Zhang
Feb 21, 2022 · 31 min
#155 Will It Make Any Difference? Government Cases Against Google and Remedies Here and Abroad
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 restrictions, it's debatable whether those remedies have had the desired effects. So what are the best ways to address the perceived abuses of Google's dominance? Co-hosts Melissa Maxman and Alicia Downey get the answers from Megan Gray, the former General Counsel of one of Google's leading competitors, DuckDuckGo. Listen to this episode to learn more about the challenges that governments face in trying to address the competition and privacy issues raised by Google's dominance among search engines. Related Links: UK Competition and Markets Authority, "Online platforms and digital advertising," Market Study Final Report (July 1, 2020) Commission Decision of 18.7.2018 relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union (the Treaty) and Article 54 of the EEA Agreement (AT.40099 – Google Android) U.S. et al. v. Google LLC, Amended Complaint (Jan. 15, 2021) State of Colorado et al. v. Google LLC, Revised Partially Redacted Complaint (Jan. 4, 2021) Hosted by: Melissa Maxman, Partner, Cohen & Gresser LLP, and Alicia Downey, Downey Law LLC
Feb 14, 2022 · 40 min
#154 Should I Have Been Paid? Facebook Faces Class Claim From UK Users
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 and John Roberti to discuss her class action claim in the UK which seeks multi-billion pound damages from Facebook/Meta. Listen to this episode to learn more about the history and basis of the claim, what is alleged, how it is funded, and what it is like to be a class representative. Related Links: Legal team press release UK Facebook claim website Dr Gormsen profile Facebook Germany decision (Federal Cartel Office) Hosted by: Matthew Hall, partner, McGuireWoods London LLP, London and John Roberti, partner, Allen & Overy, Washington DC
Feb 7, 2022 · 24 min
#153 Is Consumer Welfare the Right Policy for Antitrust Enforcement? Unpacking the Debate
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 fighting about and why does it matter? In this episode, we talk to Fiona Schaeffer and Ilana Kattan, two prominent antitrust practitioners and leaders in the ABA Antitrust Law Section, about what the consumer welfare standard is, and why it is the subject of intense debate in the US and globally. Listen to this episode to learn how the outcome of that debate will have significant ramifications for business conduct, mergers, and the U.S. economy as a whole. Related Links: Watch the Antitrust Law Section's "hot tub" debate about the consumer welfare standard! Livestream at 12 noon Eastern Standard Time on February 10, 2022, and on demand at the Section's YouTube channel. Hosted by: Alicia Downey, Downey Law LLC and Sergei Zaslavsky, Partner, O'Melveny & Myers LLP
Jan 31, 2022 · 46 min
#152 Should Antitrust Be Used as an Anti-Inflation Tool? Live Recording of Debate at George Mason Law School
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 Hal Singer, holding opposite views, debate, explain and answer questions from a live audience ranging from costs and benefits to theories and facts. Listen to this episode recorded live in George Mason law school, co-hosted by Anora Wang and Jana Seidl, and learn what key considerations go into this timely discussion. Related Links: Noah Phillips & Joshua Wright, As Inflation Rises, Antitrust 'Reformers' Target Lower Prices (2021) Steven Salop & Fiona Scott Morton, The 2010 HMGs Ten Years Later: Where Do We Go From Here? (2020) Hosted by: Anora Wang, Arnold & Porter and Jana Seidl, Baker Botts
Jan 24, 2022 · 29 min
#151 Are You Ready for Some Football? Antitrust and the NFL.
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. 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
Jan 17, 2022 · 26 min
#150 Is This the End of Mandatory Arbitration? Turning the Tables With Mass Arbitration
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. 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