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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Jan 10, 2022 · 30 min
#149 Who Killed Chicken Farming in America? Concentration and Price-Fixing in the Poultry Industry
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. 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 Chicken Hosted by: Anant Raut and Christina Ma
Jan 3, 2022 · 34 min
#148 What's Behind the Scenes? Changes to Merger Control in China
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. 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
Dec 27, 2021 · 34 min
#147 What Were the Best Episodes of 2021? Our Curious Amalgam's Hosts Choose Their Favorites
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. 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 LLC Additional Hosts: Matthew Hall, McGuireWoods London LLP Kayla Odom, Freitas & Weinberg LLP Anora Wang, Davis Wright Tremaine LLP Melissa Maxman, Cohen & Gresser LLP
Dec 20, 2021 · 34 min
#146 Is It Time To Behave? A Conversation With Dr. Angela Zhang on China's Approach to Data and Privacy
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. Hosted by: Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz
Dec 13, 2021 · 38 min
#145 What's the Harm? The Role of Uninjured Class Members in Class Certification.
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. 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
Dec 6, 2021 · 35 min
#144 What Is It Like Inside? Reflections on a Career as an In-House Lawyer
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. 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
Nov 29, 2021 · 27 min
#143 Does U.S. Bank Merger Enforcement Need To Be Revitalized? A Conversation With David Neill
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. 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
Nov 22, 2021 · 36 min
#142 Where is the BCP Headed? Consumer Protection in the Biden Administration.
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. Related Links: Federal Trade Commission, Notices of Penalty Offenses Enforcement Policy Statement Regarding Negative Option Marketing, Nov. 4, 2021 Hosted by: John Roberti, Allen & Overy LLP and Kayla Odom, Freitas & Weinberg LLP
Nov 15, 2021 · 33 min
#141 A Power Grab Too Far? The European Commission Extends Its Merger Control Reach.
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. 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
Nov 8, 2021 · 44 min
#140 Do All the Bids Look the Same? Investigations by DOJ's Procurement Collusion Strike Force and the FBI
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 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
Nov 1, 2021 · 30 min
#139 Why Choose One? Antitrust as an Enforcement Tool for Financial Services
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. 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
Oct 25, 2021 · 30 min
#138 Should Congress Enact Federal Data Privacy Legislation? The Case for a National Consumer Data Protection and Enforcement Regime
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. 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
Oct 18, 2021 · 33 min
#137 Have We Been Down This Road Before? What History Can Teach Us About the Current Rethinking of Antitrust.
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. 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
Oct 11, 2021 · 40 min
#136 The Next Big Thing? Understanding the Intersection of Blockchain and Antitrust.
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. 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
Oct 4, 2021 · 36 min
#135 Is Equality a Value of Competition Law? A Conversation with Professor Eleanor Fox
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. 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
Sep 27, 2021 · 44 min
#134 What Does It All Mean? Wu, Khan, Kanter and Antitrust Reform.
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. Related Links: Epic Games, Inc. vs Apple, Inc. Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Melissa Maxman, Cohen & Gresser
Sep 20, 2021 · 38 min
#133 Was It Populism? Understanding Merger Review During the Trump Administration.
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. 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
Sep 13, 2021 · 36 min
#132 What Is The Right To Repair? Conversation With Gay Gordon-Byrne
"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. 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
Sep 6, 2021 · 40 min
#131 What Did We Learn? Ida Tarbell and the Role of Theory vs. Fact in Shaping Antitrust Law
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. Related Links: Christopher Leslie, Revisiting the Revisionist History of Standard Oil Christopher Leslie, Faculty webpage Hosted by: John Roberti, Allen & Overy LLP and Tammy Zhu, Sourcegraph
Aug 30, 2021 · 37 min
#130 Ball is Life? The Alston Decision and What It Means for Sports Antitrust Law
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. Related Links: SCOTUS Blog - NCAA v. Alston Decision Business of College Sports Hosted by: Christina Ma and Jessica Watters