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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Aug 23, 2021 · 38 min
#129 What's the Plan? A Conversation with Antitrust Law Section Chair Jonathan Gleklen and Counsel to the Chair Yasmine Harik
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. Related Links: Antitrust Law Section Hosted by: Alicia L. Downey, Downey Law LLC and John Roberti, Allen & Overy LLP
Aug 16, 2021 · 34 min
#128 When Will It Be the End of Global Anti-Suit Injunction Wars? Present & Prospective FRAND Litigation & Arbitration in China
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. 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
Aug 9, 2021 · 36 min
#127 Does the FRAND Framework Need a Fix?: Conversation With Prof. Jorge Contreras About Antitrust and IP
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. 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
Aug 2, 2021 · 36 min
#126 How and When FRAND Can Be an Antitrust Issue: Conversation With Lisa Kimmel on the Fundamentals
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. 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
Jul 26, 2021 · 39 min
#125 Is This a Tragedy of the Commons? Antitrust Law and Open-Source Licensing
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. 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
Jul 19, 2021 · 29 min
#124 What's My Message? Government Relations and Antitrust in the EU.
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. 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
Jul 12, 2021 · 27 min
#123 Dovetail or Discord? The Evolving Relationship between Antitrust and Data Privacy Law
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. 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
Jul 5, 2021 · 28 min
#122 What Happens in Their Smoke-Filled Room? Cooperation and Collaboration Among Antitrust Regulators.
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. Related Links: EU US high-level trade and technology council and Joint Technology Competition Policy Dialogue Multilateral 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
Jun 28, 2021 · 35 min
#121 How Do They Get Paid? The FTC's Use of Monetary Relief for Deterrence and Compensation
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? 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
Jun 21, 2021 · 32 min
#120 What Advice Do You Have for a Young Lawyer? Words of Wisdom from Our Guests
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. Hosted by: Alicia Downey, Downey Law LLC, Jessica Watters, Skadden, Arps, Slate, Meagher & Flom LLP, and John Roberti, Allen & Overy LLP
Jun 14, 2021 · 28 min
#119 Is This Game Over? Competition Law Implications of the Super League.
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. 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
Jun 7, 2021 · 36 min
#118 What's The Role Of Journalism In Antitrust?: A Conversation With Leah Nylen
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. Related Links: https://www.politico.com/states/staff/leah-nylen Hosted by: John Roberti, Allen & Overy LLP and Anora Wang, Davis Wright Tremaine LLP
May 31, 2021 · 46 min
#117 Can It Be Resolved? The Use of Mediators to Settle Antitrust Class Actions.
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. 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
May 24, 2021 · 33 min
#116 Can Non-Competes Be Procompetitive?: An Economist's View
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. 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
May 17, 2021 · 31 min
#115 Are We Witnessing a Revolution? Putting the Debate Over Antitrust Reform Into Context.
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. 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
May 10, 2021 · 40 min
#114 What Are the Generic and Biosimilar Industries Worried About? Current Competition Law Issues Impacting the Sector.
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. 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
May 3, 2021 · 33 min
#113 Are "UDAPs" Protecting Consumers or Promoting Chaos? Exposing the Fault Lines under State Statutes Prohibiting Unfair and Deceptive Acts and Practices
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. Related Links: North Carolina Opera The Official Tourist Website for Prague Hosted by: Alicia Downey, Downey Law LLC and Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz
Apr 26, 2021 · 38 min
#112 What Can AI Do? Examining the Possibilities of Using Artificial Intelligence in the Law
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. 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
Apr 19, 2021 · 33 min
#111 A Never-Ending Issue? The Report of the EU Expert Group on Standard Essential Patents
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. 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
Apr 12, 2021 · 45 min
#110 What Is It Like? Understanding the Views and Perspectives of a Plaintiff's Lawyer
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. 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