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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Jul 13, 2020 · 39 min
#69 Another Way to Unring the Bell? Private Litigation Challenging Consummated Merger
Private litigation over consummated merger is interesting, as such suits are rare and consummated deals are harder to challenge, as a common saying goes— you can't unscramble a scrambled egg. But have some recent developments found a new way for private litigants to challenge? Jack Martin, leading litigator in relevant cases, joins Anora Wang and John Roberti to discuss the statutes of limitations, remedy, standing, agency (in)action, and advocacy in front of a judge or a jury. Listen to this episode to learn about some lesser-known aspects of private litigation challenging consummated merger. Related Links: Brief for the United States of America as Amicus Curiae in Support of Appellee Steves and Sons, Inc. (August 23, 2019) (Steves & Sons, Inc. v. JELD-WEN, Inc) Hosted by: John Roberti, Partner, Allen & Overy LLP and Anora Wang, Associate, Winston & Strawn LLP
Jul 6, 2020 · 50 min
#68 What, It's Not Only Merger Control? The Rise of Foreign Direct Investment Controls Worldwide
Rules on foreign direct investment (FDI) around the world are continually being tightened. Why is this happening, what are the new restrictions and how can companies and their advisers navigate through these rocks? Lisa Wright of Slaughter and May in London and Cal Goldman of Goodmans in Toronto join Matthew Hall and John Roberti to discuss the evolving FDI landscape in the EU, UK, Canada and elsewhere. Listen to this episode to learn more about the increasingly important area of FDI controls and how to manage the process. Related Links: European Commission WHITE PAPER on leveling the playing field as regards foreign subsidies (June 2020) European Commission guidance on FDI and free movement of capital ahead of the FDI Screening Regulation (March 2020) Regulation(EU) 2019/452 of the European Parliament and of the Council (FDI Screening Regulation) (March 2019) UK BEIS guidance on Changes to the public interest grounds for intervention in merger cases (June 2020) UK BEIS guidance on Changes to Turnover and Share of Supply Tests for Mergers (June 2018) Hosted by: John Roberti, partner, Allen & Overy LLP and Matthew Hall, partner, McGuireWoods London LLP
Jun 29, 2020 · 41 min
#67 How Was The Case Won? An Inside Look At The Sprint - T-Mobile Merger Trial.
Merger trials are always fascinating, and Sprint-T-Mobile was a particularly interesting and important case. How did the merging parties rebut the Government's case and convince the district court to allow the merger to proceed? Two lawyers who played a key part in engineering the defense, George Cary and Lindy Bernhardt from Cleary Gottlieb, join hosts John Roberti and Sergei Zaslavsky to provide an insider's view of this merger defense. Listen to this episode to learn about how to defend a merger when the Government has the structural presumption on its side. Related Links: Sprint - T-Mobile merger district court opinion Hosted by: John Roberti, Partner, Allen & Overy and Sergei Zaslavsky, Counsel, O'Melveny & Myers
Jun 22, 2020 · 37 min
#66 What Are the Ways to Lead Yourself? First Indispensable Lessons in Business and in Life.
Developing leadership skills is critical to success in the workplace and various social settings. But how does a person or an organization cultivate effective leadership? Michelle Ray, author, educator and keynote speaker on personal and organizational leadership, joins Ricardo Woolery and John Roberti to discuss developing the leadership skills to overcome indecision, motivate others to achieve collective goals and navigate professional relationships in the modern workplace. Listen to this episode to learn more about how good leaders motivate themselves and others, recover from mistakes, and how businesses choose effective leaders and get the best out of their employees. Related Links: Michelle Ray, Lead Yourself First! Indispensable Lessons in Business and in Life Michelle Ray's website LinkedIn, 50 Great Leadership Development Resources for Self-directed Learning Hosted by: John Roberti, Allen & Overy LLP and Ricardo Woolery, Skadden, Arps, Slate, Meagher & Flom LLP
Jun 15, 2020 · 29 min
#65 How Does Everyone Work Together? The NAAG Antitrust Task Force and State Enforcement
States play an important role in enforcing the antitrust laws in the United States. How do they work together among themselves and with federal antitrust agencies? How does the National Association of Attorneys General (NAAG) lead or facilitate relevant efforts? Sarah Oxenham Allen, Chair of the NAAG's Antitrust Task Force, and a Senior Assistant Attorney General and Antitrust Unit Manager with the Virginia AG's office, joins John Roberti and Anora Wang, for a discussion on the federal-state inter-agency work for antitrust enforcement. Listen to this podcast to learn more about how more than 50 antitrust enforcers in the United States work together to try to develop a coherent enforcement policy. Related Links: NAAG's Antitrust Committee Hosted by: John Roberti, Allen & Overy LLP and Anora Wang, Winston & Strawn LLP
Jun 8, 2020 · 33 min
#64 Where Next? Climate Change, Sustainability and EU Competition Law.
Climate change is one of the most pressing issues facing the world and responses are needed. Is antitrust/competition law part of the problem or can it be part of the solution as companies and governments react? Emma Cochrane of law firm Linklaters in London joins Matthew Hall and John Roberti to discuss the application of EU and UK competition, merger control and State aid law to climate change both now and in the future. Listen to this episode to learn more about the role that competition law may play in driving measures to slow climate change. Related Links: Episode 16 of Our Curious Amalgam, considering the issue under US law Article on law and social responsibility from New York Law Journal Article on Climate Change, Sustainability and Competition Speech by European Commissioner for Competition Margrethe Vestager Hosted by: Matthew Hall, McGuireWoods London LLP, London, UK and John Roberti, Allen & Overy, Washington, D.C.
Jun 1, 2020 · 28 min
#63 Is It Really Free? The Economics of Digital Platforms
Digital platforms host more and more of our daily activities. Many are free and seem to cost nothing other than the users' attention. How do we understand the economics of the "free" and its antitrust implications? Prof. John Yun, Director of Economic Education at the Global Antitrust Institute (GAI) at George Mason University, joins John Roberti and Anora Wang, for a discussion on concepts including "disutility," "diversion ratio," "attention market," and "contestable market," all put in layman's terms. Listen to this podcast to learn more about the price of something in our daily lives that appears to be free. Related Links: The Global Antitrust Institute (GAI) at George Mason University Hosted by: John Roberti, Allen & Overy LLP and Anora Wang, Winston & Strawn LLP
May 27, 2020 · 1 hr 14 min
#62 From Virtual Spring Meeting: Common Minority Interests: Major Or Minor Problem?
This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! Lawyers, economists, and regulators have continued to weigh in on the extent to which institutional investors' holdings of minority interests in multiple competitors raise competition issues. Our panelists will discuss whether (and if so, when) such holdings actually raise potential antitrust issues and whether any such issues can be addressed by existing law. SESSION CHAIR Amanda NORTON, Sidley Austin LLP, Washington, DC MODERATOR Amanda L. WAIT, Norton Rose Fulbright US LLP, Washington, DC SPEAKERS Andrew C. FINCH, Paul Weiss LLP, Washington, DC The Honorable Douglas H. GINSBURG, Senior Circuit Judge, U.S. Court of Appeals for the District of Columbia Circuit, Washington, DC Fiona M. SCOTT MORTON, Yale University, New Haven, CT Edith RAMIREZ, Hogan Lovells US LLP, Washington, DC
May 27, 2020 · 1 hr 2 min
#61 From Virtual Spring Meeting: What To Expect In FTC CP Enforcement
This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! From record fines to novel theories of harm, the FTC has pursued vigorous consumer protection enforcement under Chairman Simons. This panel will discuss recent FTC enforcement and priorities, including impacts, if any, of COVID-19 on enforcement priorities, as well as in the areas of privacy, data security, marketing, advertising, and fintech, consider whether FTC enforcement has expanded in reach, and implications for future CP enforcement. SESSION CHAIR/MODERATOR Kay Lynn BRUMBAUGH, Chief Legal Officer & Secretary, GIACT Systems LLP, Dallas, TX SPEAKERS Terrell MCSWEENY, Covington & Burling LLP, Washington, DC Christie THOMPSON, Kelley Drye & Warren LLP, Washington, DC Serena VISWANATHAN, Acting Deputy Director, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC Thomas F. ZYCH, Thompson Hine LLP, Cleveland, OH
May 27, 2020 · 1 hr 5 min
#60 From Virtual Spring Meeting: Where Do Vertically Integrated Digital Platforms End?
This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! New business models centered on evolving/expanding platforms raise critical questions about inter- and intrafirm relationships. How should regulators and competitors view these firms? Are they necessary ecosystem providers or threats to competitors' future growth and relevance? Is vertical digital platform integration welfare-enhancing or a means of restricting competition? SESSION CHAIR/MODERATOR Gabrielle Z.A. KOHLMEIER, Associate General Counsel, Verizon Communications, Washington, DC SPEAKERS Cristina CAFFARRA, Charles River Associates, Brussels Thomas KRAMLER, Head of Unit, DG Competition, European Commission, Brussels The Honorable Noah J. PHILLIPS, Commissioner, Federal Trade Commission, Washington, DC Craig A. WALDMAN, Jones Day, San Francisco, CA
May 27, 2020 · 1 hr 31 min
#59 From Virtual Spring Meeting: Hot Topics
This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! Antitrust and consumer protection policy, enforcement, and litigation change every day with vital issues constantly surfacing. Take a quick look at how the past year has set the stage for the news of today and trends of tomorrow. SESSION CHAIR / CO-MODERATOR Brian K. GRUBE / Jones Day, Cleveland, OH CO-MODERATOR Renata B. HESSE / Sullivan & Cromwell LLP, Washington, DC SPEAKERS Olivier GUERSENT / Director-General, DG Competition, European Commission, Brussels D. Bruce HOFFMAN / Cleary Gottlieb Steen & Hamilton LLP, Washington, DC The Honorable Rebecca SLAUGHTER / Commissioner, Federal Trade Commission, Washington, DC Kent WALKER / Senior Vice President, Global Affairs, Google, Mountain View, CA
May 27, 2020 · 1 hr 41 min
#58 From Virtual Spring Meeting: Chair At The Table: Diversity In Litigation
This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! Antitrust litigation often features a low number of diverse attorneys with speaking roles in courts, as recent articles show. This panel will discuss the challenges and opportunities these groups, women in particular, face in litigation. Hear from a presiding judge, experienced litigators, and in-house counsel to learn how to navigate these issues and help grow the next generation of trial lawyers. SESSION CHAIR/MODERATOR Jodie M. WILLIAMS, Legal Counsel, Qualcomm Inc., San Diego, CA SPEAKERS The Honorable Bernice B. DONALD, Judge, U.S. Court of Appeals for the Sixth Circuit, Memphis, TN Megan JONES, Hausfeld LLP, San Francisco, CA Veronica S. LEWIS, Gibson Dunn & Crutcher LLP, Dallas, TX
May 27, 2020 · 1 hr 28 min
#57 From Virtual Spring Meeting: Enforcers Roundtable
This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! Please join us for an in-depth conversation with leading competition authorities about their enforcement priorities and the transactions, investigations, and cases that are making headlines this year. The Enforcers Roundtable is always a highlight of the Spring Meeting. Don't miss it! SESSION CHAIR/CO-MODERATOR Brian R. HENRY / Vice President & Senior Managing Counsel, The Coca-Cola Company, Atlanta, GA CO-MODERATOR Adam J. BIEGEL / Alston & Bird LLP, Washington, DC SPEAKERS Sarah OXENHAM ALLEN / Senior Assistant Attorney General and Antitrust Unit Manager, Office of the Attorney General, Richmond, VA Matthew BOSWELL / Commissioner of Competition, Canadian Competition Bureau, Gatineau The Honorable Makan DELRAHIM / Assistant Attorney General, U.S. Department of Justice, Antitrust Division, Washington, DC The Honorable Joseph SIMONS / Chairman, Federal Trade Commission, Washington, DC Margrethe VESTAGER / Commissioner, European Commission, Brussels
May 27, 2020 · 1 hr 33 min
#56 From Virtual Spring Meeting: Big Tech: Too Big To Break Up?
This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! Investigations have been launched into whether Big Tech firms are violating antitrust laws, and Congress has initiated a bipartisan investigation into competition in digital markets. The panel will examine the range of outcomes that could result from the Big Tech investigations, drawing comparisons to past investigations of companies that were thought to be Too Big to Break Up. SESSION CHAIR / MODERATOR Anant RAUT / Director of Competition Policy, Facebook, Washington, DC SPEAKERS Nicholas BANASEVIC / Head of Unit, DG Competition, European Commission, Brussels William E. KOVACIC / George Washington University, Washington, DC Maureen K. OHLHAUSEN / Baker Botts LLP, Washington, DC
May 27, 2020 · 1 hr 9 min
#55 From Virtual Spring Meeting: Antitrust & CP Ethics Meets Hollywood Squares
This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! This exciting, challenging, and humorous game show will examine the application of the Model Rules of Professional Responsibility to ethical questions confronting antitrust and consumer protection lawyers, and will address issues such as conflicts of interest, informed consent, multiple representation, joint defense agreements, preservation of client confidences, and others. SESSION CHAIR/MODERATOR Douglas M. TWEEN, Linklaters LLP, New York, NY SPEAKERS Patricia A. CONNERS, Deputy Attorney General, Office of the Attorney General, Tallahassee, FL Danielle S. HAUGLAND, Global Director, Business Development, Integreon, Seattle, WA Eric M. MEIRING, Winston & Strawn LLP, Washington, DC Patrick S. THOMPSON, Perkins Coie LLP, San Francisco, CA
May 27, 2020 · 1 hr 2 min
#54 From Virtual Spring Meeting: Virtual Spring Keynote Featuring Dr. Jeff Chen: Cannabis, Competition and Consumer Protection
This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! Please join us for a TED-talk style keynote from a recognized physician expert from the UCLA Cannabis Research Initiative discussing the latest on the science and structure of the explosive cannabis and CBD industries, which are raising challenging competition, consumer protection, and regulatory issues across the country. MODERATOR Kathleen E. FOOTE, Senior Assistant Attorney General & Antitrust Chief, Office of the Attorney General, San Francisco, CA SPEAKER Jeff CHEN, MD/MBA and Director of the University of California Los Angeles Cannabis Research Initiative, Jane and Terry Semel Institute for Neuroscience and Human Behavior, Los Angeles, CA
May 27, 2020 · 1 hr 5 min
#53 From Virtual Spring Meeting: Briefing with the State Enforcers
This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! State Attorneys General play a crucial role in enforcing state and federal antitrust and consumer protection laws. Join our panelists who represent antitrust and consumer protection bureaus from across the country as we discuss recent enforcement activities and the ongoing missions of state enforcement agencies. SESSION CHAIR/SPEAKER Gwendolyn J. COOLEY, Assistant Attorney General, Office of the Attorney General, Madison, WI MODERATOR William C. MACLEOD, Kelley Drye & Warren LLP, Washington, DC SPEAKERS Paula BLIZZARD, Deputy Attorney General, Office of the Attorney General, San Francisco, CA Stacie LAMBERT DEBLIEUX, Assistant Attorney General, Office of the Attorney General, Baton Rouge, LA Kathleen KONOPKA, Deputy Attorney General, Office of the Attorney General of the District of Columbia, Washington, DC
May 27, 2020 · 1 hr 16 min
#52 From Virtual Spring Meeting: Agency Update with the FTC Bureau Directors
This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! You won't want to miss this annual session where you will hear directly from the Federal Trade Commission Directors of the Bureau of Competition, Bureau of Consumer Protection, and Bureau of Economics about the latest in antitrust and consumer protection enforcement and policy initiatives. SESSION CHAIR Shylah R. ALFONSO, Perkins Coie LLP, Seattle, WA MODERATOR Jonathan I. GLEKLEN, Arnold & Porter, Washington, DC SPEAKERS Ian R. CONNER, Director, Bureau of Competition, Federal Trade Commission, Washington, DC Andrew SMITH, Director, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC Andrew SWEETING, Director, Bureau of Economics, Federal Trade Commission, Washington, DC
May 25, 2020 · 39 min
#51 How Does This Pay? Understanding the Role of Litigation Funding
Litigation funding (also known as third party funding or litigation finance) is funding provided by a third party unconnected to the litigation (or arbitration) in order to finance all or part of the legal and other costs arising, in return for a share of any proceeds. But how does litigation funding change the nature of the litigation game, both in the United States and United Kingdom? Rosemary Ioannou, Regional Managing Director, UK, Vannin Capital, and Andrew Woltman, Founder & Managing Director, Statera Capital join Matthew Hall and John Roberti to explain how litigation funding changes the litigation game. Listen to this episode to learn more about the impact of future of litigation funding, including how it turns claims into assets. Related Links: Association of Litigation Funders (UK) Hosted by: John Roberti, Allen & Overy LLP and Matthew Hall, McGuireWoods London LLP
May 18, 2020 · 27 min
#50 Can Robots Collude? Understanding the Competition Implications of AI
Companies are increasingly relying on artificial intelligence technologies to guide product pricing, output and innovation decisions. But does this practice raise antitrust enforcement concerns? Kelly Smith Fayne, a San Francisco-based antitrust lawyer, joins Ricardo Woolery and John Roberti to discuss how the use of artificial intelligence impacts enforcement of collusive conduct that harms consumers. Listen to this episode to learn more about the enforcement risks artificial intelligence raises for companies as well as the challenges and tools it presents for antitrust enforcers. Related Links: Karen Silverman, Kelly Smith Fayne, Timothy Snyder, "Antitrust Intelligence: Six Tips for Talking to AI Developers about Antitrust" Bruce Hoffman (2018), "Competition and Consumer Protection Implications of Algorithms, Artificial Intelligence, and Predictive Analytics" OECD (2017), "Algorithms and Collusion: Competition Policy in the Digital Age" Hosted by: John Roberti, Partner, Allen & Overy LLP and Ricardo Woolery, Associate, Skadden, Arps, Slate, Meagher & Flom LLP