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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Nov 30, 2020 · 29 min
#89 What's the Deal with Data Portability? Understanding the Competition and Privacy Aspects Surrounding the Movement of Data.
With the enactment of stronger privacy laws in Europe and California, and with the prominent use of digital platforms and intense policy debates surrounding their regulation, issues regarding what has been termed "data portability" have been brought to the forefront. What is data portability, and how is it being addressed in the law? Alex Brown and Gabe Maldoff join Christina Ma and Kayla Odom to discuss what it means for data to be "portable" and the various issues that arise when it comes to the transferability of a person's data. Listen to this episode to understand the competition, consumer protection, and cybersecurity issues that are being debated by policymakers, companies, and others when it comes to data portability. Related Links: Data To Go: An FTC Workshop on Data Portability (September 22, 2020) Comment Submitted by The American Bar Association Antitrust Law Section In Connection With "Data To Go: An FTC Workshop On Data Portability" (August 27, 2020) EU General Data Protection Regulation – Right to data portability, Article 20 California Consumer Privacy Act – Data portability requirements, Cal Civ. Code. § 1798.100(d) Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Kayla Odom, Freitas & Weinberg LLP
Nov 23, 2020 · 42 min
#88 What's in a Screen? Using Data as Evidence of Collusion and Manipulation (or lack thereof)
Screening out potential collusion and manipulation is the key to corporations' antitrust compliance by flagging suspicious activities early and accurately, and also at a later stage of investigations or private actions. But what exactly is in a screen? The relevant economic tools are very sophisticated and evolving. There are also practical considerations in designing and applying screens, especially as more entities are embracing them. Dr. Rosa Abrantes-Metz, a Principal at The Brattle Group and leading economist in this area, joins Anora Wang and Christina Ma to discuss recent advances and the defense side's use of these tools. Listen to this episode to get a deeper understanding of screening. Related links: Abrantes-Metz, Rosa M. and Metz, Albert, WHY SCREENING IS A "MUST HAVE" TOOL FOR EFFECTIVE ANTITRUST COMPLIANCE PROGRAMS (November 20, 2020). Hosted by: Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz
Nov 16, 2020 · 37 min
#87 What Does It Take to Reach the Top? A Conversation with the 2020 Hall of Fame-inism Award Winners
The Women.Connected Committee of the ABA Antitrust Law Section recently inducted four prominent women in the field of antitrust into its Hall of Fame-inism. How did they overcome career challenges and gender bias to make it to the top of their field? Co-hosts Christina Ma and Alicia Downey interview Margaret Guerin-Calvert, Deborah Majoras, Lisa Phelan, and Bonny Sweeney about how they achieved (and continue to achieve) professional success and what more can be done to advance women within the antitrust bar. Listen to this episode to learn how each of these role models forged her own path to a fulfilling career in antitrust. LINKS TO THE HONOREES' BIOS Margaret E. Guerin-Calvert Deborah P. Majoras Lisa Phelan Bonny E. Sweeney Hosted by: Christina Ma and Alicia Downey
Nov 9, 2020 · 33 min
#86 Can They Really Do That? The Use of Advanced Analytics by Antitrust and Consumer Regulators
Data and technology issues are behind many antitrust/competition and consumer law cases. How are regulators responding to this and what are their capabilities? Stefan Hunt, Chief Data and Technology Insights Officer at the UK Competition and Markets Authority (CMA), joins Christina Ma and Matthew Hall to discuss the activities of the CMA's Data, Technology and Analytics unit (DaTA). Listen to this episode to learn more about the work going on inside antitrust and consumer regulators as they use technology and data to their advantage. Related Links: Blog 1: UK CMA DaTA unit Blog 2: UK CMA DaTA unit UK CMA Online platforms and digital advertising market study UK CMA Fake and misleading online reviews trading Hosted by: Christina Ma and Matthew Hall
Nov 2, 2020 · 41 min
#85 Who Does Antitrust Work For? An Exploration of Labor Antitrust.
Antitrust is usually focused on consumers, but increasingly, effects of competition on workers have been a focus of scholarship, policy, and enforcement. What is behind the growing prominence of labor antitrust, and what can we expect going forward? Hiba Hafiz, a professor at BC Law, joins Sergei Zaslavsky and John Roberti to discuss how labor antitrust applies in different contexts and the tensions courts are grappling with in applying consumer-focused antitrust doctrine to cases involving workers. Listen to this episode for an engaging introduction to this important topic. Hiba Hafiz, Labor's Antitrust Paradox Todd v. Exxon Corporation DOJ and FTC 2016 Antitrust Guidance for HR Professionals Hosted by: John Roberti, Allen & Overy and Sergei Zaslavsky, O'Melveny & Myers
Oct 26, 2020 · 36 min
#84 What's the Fix? Understanding the Antitrust Cases Against Platforms and Desired Remedies
Digital platforms are under immense public scrutiny, in the United States and elsewhere, leading to investigations and cases likely to be filed. But how to understand the complex antitrust analysis relevant to platforms including the measurement of power and relevant markets? And if an antitrust case is made against platforms, what's the fix? Prof. Herbert Hovenkamp, a leading scholar, joins Anora Wang and Christina Ma to discuss the U.S. congressional investigation of platforms as reported in October 2020 and considerations that should go in the design of antitrust remedies involving platforms. Related Links: U.S. House Report on Competition in Digital Markets (October 2020) Herbert Hovenkamp, Antitrust and Platform Monopoly Hosted by: Anora Wang, Winston & Strawn LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz
Oct 19, 2020 · 41 min
#83 How Was the Case Won? The Processed Egg Products Antitrust Trials.
Antitrust class actions are rarely tried all the way through to a jury verdict. How did a team of lawyers from Columbus, Ohio and Washington, D.C. win a defense verdict in not one, but two antitrust trials in an 18-month period? Jim King and Jay Levine talk with Alicia Downey and John Roberti about how the cases were won. Hear from their younger colleagues about the lessons they learned and the most memorable moments in the courtroom. Listen to this episode to catch up with a case that has been ongoing since 2008, with yet more twists and turns to come. Featured Guests: Allen Carter, Senior Associate, Porter Wright Morris & Arthur LLP and Arlene Boruchowitz, Associate, Porter Wright Morris & Arthur LLP Related Links: In re Processed Egg Products Antitrust Litigation, No. 19-1088 (3d Cir. June 22, 2020) Hosted by: Alicia L. Downey, Downey Law LLC and John Roberti, Partner, Allen & Overy LLP
Oct 12, 2020 · 36 min
#82 All Bundled Up? Making Antitrust Sense of Product Bundles and Clusters.
Market definition is a core concept in antitrust law. While product markets are usually defined based on substitutability, are there situations where products that are not substitutes belong in the same market? Kevin Hahm, a partner at Hunton Andrews Kurth and a long-time FTC enforcer, joins Sergei Zaslavsky and Christina Ma to discuss bundle and cluster markets --- those unique situations where products that are not substitutes are grouped in the same market. Listen to the podcast to learn what bundle and cluster markets are and why they matter. Related Links: ProMedica Sixth Circuit Opinion Staples II District of DC Opinion Whole Foods DC Circuit Opinion Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Sergei Zaslavsky, O'Melveny & Myers
Oct 5, 2020 · 51 min
#81 Do You Really Know All 54? Antitrust Law in Africa
The 54 African countries are becoming increasingly important from a competition law point of view. But can we assume the rules are the same as elsewhere? George Lipimile of COMESA and Jocelyn Katz of ENSafrica join John Roberti and Matthew Hall to discuss key issues in African competition law. Listen to this episode to learn about some of the features that make the law on the African continent unique. Related Links: COMESA Competition Commission South Africa: Babelegi excessive pricing case South Africa: Dis-Chem excessive pricing case South Africa: ENS newsflash on competition exemptions for banking and retail property sectors to support the Coronavirus fallout South Africa: ENS newsflash on the Coronavirus (COVID-19) and the Competition Act Namibian Competition Commission: update on Consumer Exploitation Complaints (May 2020) Malawi CFTC: Excessive Pricing Of Bus Services Due To Covid 19 And Enforcement Of Bus Fare Tables (June 2020) South Africa: Competition Commission's Guidelines for the Assessment of Public Interest Provisions in Mergers Kenya: Telkom-Airtel merger review decision Nigeria: FCCP Act Namibia: Draft Competition Bill eSwatini: Draft Competition Bill Malawi CFTC: Suspected Collusive Practices And Unconscionable Conduct By Independent Schools (May 2020) South Africa: Competition Tribunal Confirms 14th Settlement In Maize Cartel Case Mauritius: Fines of Rs 76 million recommended, on two suppliers of chemical fertilisers for illegal cartel conducts International: ICN Guidance on Enhancing Cross-Border Leniency Cooperation Nigeria: Businesses tighten as Commission plans to embark on raids Hosted by: John Roberti, Partner, Allen & Overy LLP and Matthew Hall, Partner, McGuireWoods London LLP
Sep 28, 2020 · 38 min
#80 It's Been a Year Already? Welcome to Our Curious First Birthday.
Our Curious Amalgam is having a party and you're invited! In this special one-year anniversary episode, host Alicia Downey speaks with guests Brian Henry, immediate past chair of the ABA Antitrust Law Section, and John Roberti, the regular co-host of OCA, about how they created a podcast from scratch, including the origin story of our curious name. Listen to this episode to hear about our curious co-hosts' favorite episodes over the past year. Hosted by: Alicia Downey, Downey Law LLC
Sep 21, 2020 · 44 min
#79 Will the Past Be Prologue? Understanding the History of Enforcement of the 1970s.
There has been substantial discussion of enhanced antitrust enforcement by what has been referred to as the "new" Brandeis School of Antitrust; but that implies that there was an original Brandeis School of Antitrust. What can we learn from this original school? Storied antitrust enforcer, academic and practitioner Tim Muris joins John Roberti and Christina Ma for a discussion of the last great effort to enhance antitrust enforcement and how it developed. Listen to this episode to learn more about the past and whether it may repeat itself. Related Links: Timothy J. Muris and J. Howard Beales III, FTC Consumer Protection at 100: 1970s Redux or Protecting Markets To Protect Consumers, 83 George Washington Law Review 2157 Timothy J. Muris and Jonathan E. Nuechterlein, Chicago and Its Discontents (with) (Forthcoming University of Chicago Law Review) Timothy J. Muris , Will the FTC's Success Continue? Timothy J. Muris and Jonathan E. Nuechterlein, Antitrust in the Internet Era: The Legacy of United States v. A&P, 54 Rev. of Industrial Org. 651 (2019) Hosted by: Christina C. Ma, Wachtell, Lipton, Rosen & Katz and John Roberti, Allen & Overy LLP
Sep 14, 2020 · 39 min
#78 What Seeds Need to Be Sown? The Role of Antitrust in Agriculture
Agriculture sits at the center of the U.S. economy and has witnessed increased consolidation in the last several decades. How can antitrust law and merger policy protect competition in agriculture, from fair terms for seed purchasers to ensuring ample processors? Mark Tobey, former special counsel for agriculture at the U.S. Department of Justice, joins Tammy Zhu and John Roberti to discuss the past, present, and future of competition concerns in agriculture. Listen to this episode to learn how to analyze an agricultural merger and issues to spot when negotiating an agtech partnership. Related Links: https://www.justice.gov/sites/default/files/atr/legacy/2012/05/16/283291.pdf Hosted by: Tammy Zhu, Legal Counsel, Medallia, Inc. and John Roberti, Partner, Allen & Overy LLP
Sep 7, 2020 · 31 min
#77 Still The Largest Taxpayer in the World? Apple Avoids Massive Tax Payment to Ireland
The European Commission's EU State aid investigations into the tax ruling practices of EU countries are highly controversial - none more so than its ruling, overturned in court, that Apple pay back multi-billion Euros to Ireland. What is EU State aid law and what are these cases about? Alfonso Lamadrid, Brussels-based lawyer with Garrigues, joins Christina Ma and Matthew Hall to discuss the background to the Apple/Ireland case, the findings in the case, why it was overturned and the implications of this. Listen to this episode to learn more about the critical area of EU State aid law and its application to tax rulings in the EU. Related Links: European Commission 2016 press release on Apple/Ireland State aid decision European Commission 2016 Apple/Ireland State aid decision European Commission 2020 statement (Commissioner Vestager) on General Court judgment overturning 2016 Apple/Ireland State aid decision General Court of the European Union 2020 press release on Apple/Ireland judgment General Court of the European Union 2020 Apple/Ireland judgment Hosted by: Christina Ma, Associate, Wachtell, Lipton, Rosen & Katz and Matthew Hall, Partner, McGuireWoods London LLP
Aug 31, 2020 · 40 min
#76 What's Ahead in Pharmaceutical Antitrust Enforcement? Taking Stock of Key Pharmaceutical Issues and Enforcement Actions
Although there is little question as to the need for affordable, accessible, and high-quality pharmaceuticals, there is immense disagreement as to how best to achieve that end. What are the key issues facing pharmaceutical antitrust enforcement today? Michael Kades, Director of Markets and Competition Policy for the Washington Center for Equitable Growth, joins Christina Ma and John Roberti to discuss the current state of pay-for-delay, the FTC's Daraprim case, FTC restitution before SCOTUS, and biologics. Listen to this episode for a quick primer on things to pass and things to come in pharmaceutical antitrust enforcement. Related Links: https://equitablegrowth.org/competitive-edge-underestimating-the-cost-of-underenforcing-u-s-antitrust-laws/ https://equitablegrowth.org/congress-adopts-historic-prescription-drug-pricing-reform/ https://www.ftc.gov/system/files/documents/cases/2020.01.27_daraprim_complaint_final_redacted.pdf https://www.supremecourt.gov/DocketPDF/19/19-825/126165/20191219140044609_No.%2019-__%20PetitionForAWritOfCertiorari%20and%20Appendix%20FTC%20v.%20Credit%20Bureau%20Center.pdf Hosted by: Christina Ma, Associate, Wachtell Lipton Rosen & Katz and John Roberti, Partner, Allen & Overy
Aug 24, 2020 · 42 min
#75 What's Coming Next? Understanding the Next Big Areas in the Pharmaceutical Antitrust Wars
Battles in the pharmaceutical antitrust world have been increasingly heated, and to a great extent rightly so, as people have devoted more attention to this space in the past decades. But as measured against the U.S. antitrust laws, what has changed or will change in the scrutiny of pharmaceutical companies' conduct? Eric Grannon, a leading defense practitioner, joins Anora Wang and John Roberti to discuss three main areas—reverse payment, product hopping, and class certification—that get the most heat. Listen to this episode to learn what is about to come in the U.S. pharmaceutical antitrust wars. Related Links: Watson Pharmaceuticals, Inc., et al. (FTC v. Actavis) Hosted by: John Roberti, Allen & Overy LLP and Anora Wang, Winston & Strawn LLP
Aug 17, 2020 · 36 min
#74 Will the Past Repeat Itself? Understanding the Implications of the Government's Case Against IBM
U.S. antitrust dealing with tech ranges from early government cases involving punch cards to the current government probe into various platforms. But while the tech evolves, has the antitrust concern with monopolization by big tech changed? Prof. Randy Picker, a leading scholar studying antitrust and tech, joins Anora Wang and John Roberti to discuss the once epic, 13-year-long, U.S. antitrust case against IBM, and whether antitrust actions could have impacted the tech landscape for decades to come. Listen to this episode if you wonder whether the antitrust past will repeat itself in the tech world. Related Links: United States' Memorandum On The 1969 Case Hosted by: John Roberti, Allen & Overy LLP and Anora Wang, Winston & Strawn LLP
Aug 10, 2020 · 44 min
#73 What is the Relationship Between Privacy and Competition? A Conversation with Commissioner Noah Phillips.
Privacy and competition both have been hot subjects, especially when discussing the new digital economy. But will the two doctrines inevitably converge, or are they in fundamental tension with each other? FTC Commissioner Noah Phillips joins Sergei Zaslavsky and John Roberti to discuss this timely subject and share his views on when privacy should (and should not) play a role in antitrust analysis. Listen to this episode for Commissioner Phillips' take on privacy considerations in merger review, differences between privacy and price competition, federal privacy legislation, and more. Related Links: Commissioner Phillips' January 30, 2020 Speech - "Should We Block This Merger? Some Thoughts on Converging Antitrust and Privacy" Hosted by: John Roberti, Allen & Overy and Sergei Zaslavsky, O'Melveny & Myers
Aug 3, 2020 · 39 min
#72 How Does It Work There? Establishing an Antitrust Practice Off the Beaten Path.
The Federal antitrust laws reach the entire United States. But what is the state of antitrust law outside of the largest metropolitan areas? Longtime ABA Antitrust Law Section members Marguerite Willis and Travis Wheeler of Nexsen Pruet in South Carolina join John Roberti and Kayla Odom to discuss what it's like to build an antitrust law practice in a smaller antitrust community and how antitrust law in the South has changed over the last decades. Listen in for perspectives from these pioneering practitioners and for tips all practitioners can use in their antitrust law practice. Hosted by: John Roberti, Allen & Overy LLP and Kayla Odom, Freitas & Weinberg LLP
Jul 27, 2020 · 44 min
#71 Where is the Enforcement? Assessing the Rigor and Effectiveness of U.S. Merger Enforcement
Many discussions on U.S. merger control focus on proposals of drastic changes. But can U.S. merger enforcement be improved by just having the agencies committed to making better use of their exiting tools? John Kwoka, a leading economist and antitrust scholar, joins Anora Wang and John Roberti to discuss the weaknesses of U.S. merger enforcement, the role of the merger guidelines as tools available to the agencies, and specific areas for improvement. Listen to this episode to learn about the past, present, and future enforcement of U.S. antitrust agencies as measured against their merger guidelines. Related Links: Horizontal Merger Guidelines (08/19/2010) Hosted by: John Roberti, Allen & Overy LLP and Anora Wang, Winston & Strawn LLP
Jul 20, 2020 · 41 min
#70 Would Anything Have Changed? The Use of the Failing Firm "Defense" in Merger Control.
The implications of a merger are measured against the situation without the transaction going ahead. But what happens when the business being taken over is in difficulties? Courtney Dyer of O'Melveny & Myers in Washington, DC and Nicholas Levy of Cleary Gottlieb in London join Matthew Hall and John Roberti to discuss the application of the merger control rules to failing firms, including the impact of the coronavirus pandemic. Listen to this episode to learn more about the failing firm "defense" in merger control in the U.S., EU, UK and elsewhere. Related Links: Summary of UK CMA's position on mergers involving 'failing firms' (April 2020) UK CMA investigation of Amazon's investment in Deliveroo (2020) EU Guidelines on the assessment of horizontal mergers under the Council Regulation on the control of concentrations between undertakings (2004) U.S. DoJ and FTC horizontal merger guidelines (2010) Hosted by: Matthew Hall, Partner, McGuireWoods London LLP and John Roberti, Partner, Allen & Overy LLP