May 11, 2020 · 46 min
OC
Government
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.
- 391 episodes
- Updated Today
Episodes391
- OCMay 4, 2020 · 32 min
#48 How Do You Get to The Final Yes? The Art and Science of Settling Antitrust Class Actions
In the antitrust bar, there are many litigations but few trials. Many antitrust cases are settled and some of the highest damages are obtained through class actions. In practice, how do antitrust class actions settle and what's involved in the process? What are some important actors and tools in reaching the settlement? Megan Jones, partner at the law firm Hausfeld, speaks with John Roberti and Anora Wang about the risks on both sides in a settlement and the difficulties to get to a common place. Listen to this episode to learn about the ways to successfully settle antitrust class actions. Hosted by: John Roberti, Partner, Allen & Overy LLP and Anora Wang, Associate, Winston & Strawn LLP
- OCMay 1, 2020 · 1 hr 13 min
#47 Sequences & Sparks: Life Sciences Innovation Mergers
Recent economic research has examined potential killer acquisitions in the U.S., and regulators here and abroad have expressed competition concerns about acquisitions of startups. But innovation is a difficult and uncertain process. This panel explores hot topics, patent thickets, biologics, and the revamped UK CMA approach in a broader discussion of the renaissance of innovation theories of harm. SESSION CHAIR / MODERATOR / SPEAKER E. Bill BATCHELOR / Skadden Arps Slate Meagher & Flom LLP, Brussels SPEAKERS Deborah FEINSTEIN / Arnold & Porter, Washington, DC W. Robert MAJURE / Cornerstone Research, Washington, DC James R. WEISS / Deputy Assistant Director, Mergers I, Federal Trade Commission, Washington, DC
- OCApr 30, 2020 · 1 hr 10 min
#46 Antitrust, IP & Trade Wars
Antitrust interfaces with both international trade and intellectual property in complex ways. Multinational companies often face challenges that involve all three areas, while law firm practice groups tend to be siloed. This program brings together antitrust and trade experts who will explore these issues, as well as the unfair competition mandate of the International Trade Commission. SESSION CHAIR / MODERATOR D. Daniel SOKOL / White & Case LLP, Miami, FL SPEAKERS H. Stephen HARRIS / Winston & Strawn LLP, Washington, DC Youngjin JUNG / Kim & Chang LLP, Seoul Shuli RODAL / Osler Hoskin & Harcourt LLP, Toronto Laurent RUESSMANN / FieldFisher LLP, Brussels
- OCApr 29, 2020 · 1 hr 15 min
#45 Honest Broker Or Advocate: Effective Expert Testimony
It has been said that conflicting expert testimony merely "cancels" each expert out: that experts can lose, but not win, a case. Are these mantras valid? What are the secrets to effective expert testimony? What mixture of "honest broker" and "advocacy" is the right one? Is the expert a "narrator" of facts or a hammer for ultimate issues? SESSION CHAIR / MODERATOR Ian SIMMONS / O'Melveny & Myers LLP, Washington, DC SPEAKERS Belinda S. LEE / Latham & Watkins LLP, San Francisco, CA Robert MANESS / Charles River Associates, College Station, TX Scott A. MARTIN / Hausfeld LLP, New York, NY Lauren STIROH / NERA Economic Consulting, White Plains, NY
- OCApr 29, 2020 · 1 hr 22 min
#44 The Great Divide? Diverging State / Federal Enforcement
During this time of unprecedented divergence between state and federal antitrust enforcers, the panel will examine the legal framework and context for different investigation and enforcement perspectives, recent cases and settlements, and how to navigate investigations, negotiations, or enforcement actions where the procedural posture or relief sought by federal and state enforcers differs. SESSION CHAIR / MODERATOR Melanie A. HALLAS / Assistant Vice President – Senior Legal Counsel, AT&T Services, Incorporated, Washington, DC SPEAKERS Michael COWIE / Dechert LLP, Washington, DC David I. GELFAND / Cleary Gottlieb Steen & Hamilton LLP, Washington, DC Elinor R. HOFFMANN / Acting Chief, Antitrust Bureau, Office of the Attorney General, New York, NY Amanda P. REEVES / Latham & Watkins LLP, Washington, DC
- OCApr 28, 2020 · 1 hr 14 min
#43 No-poach: Assessing Risk In Uncertain Seas
No-poach agreements remain uncertain territory. This panel will take a practical look at the challenges in assessing risk and counseling clients regarding these agreements, including the applicable standard of review, risks of proof at trial, harm and injury, and prosecutorial discretion. SESSION CHAIR / MODERATOR Adam HEMLOCK / Weil Gotshal & Manges LLP, New York, NY SPEAKERS Mark H. HAMER / Baker McKenzie LLP, Washington, DC Dean M. HARVEY / Lieff Cabraser Heimann & Bernstein LLP, San Francisco, CA Susan A. MUSSER / Hogan Lovells US LLP, Washington, DC Rahul RAO / Assistant Attorney General, Antitrust Division, Office of the Attorney General, Seattle, WA
- OCApr 27, 2020 · 1 hr
#42 Consumer Protection Year In Review
This past year was a year full of important developments for regulators and self-regulators on cutting-edge domestic and international consumer protection enforcement issues, including native advertising, endorsements, consumer reviews used for claims substantiation, privacy, data security, and more. Hear from experts and the people in the trenches regarding current enforce- ment and policy priorities and initiatives. SESSION CHAIR/MODERATOR/SPEAKER Deon WOODS BELL, Senior International Attorney - Counsel for International Consumer Protection and Data Privacy, Federal Trade Commission, Washington, DC SPEAKERS Joanna BOLTON, Legal Director, Dell Inc., Washington, DC Gustav W. EYLER, Director, Consumer Protection Branch, U.S. Department of Justice, Civil Division, Washington, DC Anahid UGURLAYAN, Assistant Director of Communications, National Advertising Division, Better Business Bureau National Programs, Inc., New York, NY
- OCApr 24, 2020 · 1 hr 14 min
#41 U.S. Privacy Law's Future: Pandemic Impacts?
This panel will discuss the status of federal and state privacy legislation and other policy proposals in the United States, and how they may shift in the wake of the pandemic. How does the balance between privacy and other social welfare interests shift in a crisis? Will privacy enforcement priorities shift? Will there be a stronger push for harmonization with foreign privacy laws and policies? SESSION CHAIR/MODERATOR Christopher N. OLSEN, Wilson Sonsini Goodrich & Rosati, Washington, DC SPEAKERS Maneesha MITHAL, Associate Director, Division of Privacy and Identity Protection, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC Alison PEPPER, Senior Vice President, American Association of Advertising Agencies, Washington, DC Jessica RICH, Attorney, Washington, DC Lee TIEN, Senior Staff Attorney & Adams Chair for Internet Rights, Electronic Frontier Foundation, San Francisco, CA
- OCApr 23, 2020 · 1 hr 18 min
#40 Merger Analysis Gone Digital: Time To Reboot?
Antitrust enforcers are facing calls for more active merger enforcement, particularly in the tech sector. Is more enforcement necessary? If so, are existing antitrust concepts and tools up to the task? For nascent acquisitions, how can competitive effects be assessed including impact on innovation or ability to disrupt, and what remedies should or could be considered for prior acquisitions? SESSION CHAIR/MODERATOR Haidee L. SCHWARTZ, Akin Gump Strauss Hauer & Feld LLP, Washington, DC SPEAKERS Foad HOSEINIAN, Sullivan & Cromwell LLP, Brussels Diana L. MOSS, President, American Antitrust Institute, Washington, DC Carl SHAPIRO, Charles River Associates, Berkeley, CA The Honorable Christine S. WILSON, Commissioner, Federal Trade Commission, Washington, DC
- OCApr 22, 2020 · 1 hr 6 min
#39 Big Data As An Antitrust Issue
This past year saw an increasing number of jurisdictions around the world opening investigations or taking enforcement actions involving Big Data. Has data become the new oil that drives the global economy? Is Big Data no longer just the province of consumer protection? What role should data play in antitrust analyses of mergers or business conduct? What role should antitrust have in regulating Big Data? SESSION CHAIR/MODERATOR Ankur KAPOOR, Constantine Cannon LLP, New York, NY SPEAKERS Vandy M. HOWELL, Cornerstone Research, San Francisco, CA Andreas MUNDT, President, Bundeskartellamt, Bonn The Honorable W. Kenneth PAXTON, Attorney General, Office of the Attorney General, Austin, TX Peter SWIRE, Alston & Bird LLP, Atlanta, GA
- OCApr 21, 2020 · 1 hr 6 min
#38 Whatever Happened To Global Cartel Enforcement?
Until recently, global cartel investigations dominated the headlines, and it seemed clear that coordinated international enforcement would be the wave of the future. But with the recent decline in blockbuster investigations, many question whether this trend has played itself out and, if so, what lies in store. SESSION CHAIR/MODERATOR J. Brent JUSTUS, McGuireWoods LLP, Richmond, VA SPEAKERS Heather S. NYONG'O, WilmerHale LLP, San Francisco, CA Lisa M. PHELAN, Morrison & Foerster LLP, Washington, DC Marisa TIERNO CENTELLA, Deputy Head of Unit Cartels, European Commission, Brussels Atsushi YAMADA, Anderson Mori & Tomotsune, Tokyo
- OCApr 13, 2020 · 31 min
#37 Are You Hipster Enough? The New Brandeis School of Antitrust and How It's Changing the Agenda
In recent years, the consumer welfare standard has been heavily criticized by some as too weak or simply inadequate to address the complex antitrust issues raised by the modern economy. But what alternatives exist? Tim Wu, author of The Curse of Bigness: Antitrust in the New Gilded Age and Julius Silver Professor of Law, Science and Technology at Columbia Law School, joins Christina Ma and John Roberti to discuss what hipster antitrust is and its potential for reshaping how we think about the consumer welfare standard or replacing it. Listen to this episode if you want to think critically about the changes needed, if any, to antitrust policy. Related Links: https://www.law.columbia.edu/news/2018/11/tim-wu-curse-of-bigness-antitrust https://www.wired.com/story/tim-wu-says-us-must-enforce-antitrust-laws/ Hosted by: Christina Ma, Associate, Wachtell Lipton and John Roberti, Partner, Allen & Overy
- OCApr 6, 2020 · 26 min
#36 Is Your Assistant Spying on You? Understanding the Privacy Law Issues Involving In-Home Assistants
Smart speakers are becoming more and more popular. What laws might come in play facing increasing privacy concerns in the use of smart home devices? Join Phyllis H. Marcus, Co-Chair of the ABA Antitrust Law Section's Privacy and Information Security Committee, former Chief of Staff for advertising practices at the Federal Trade Commission, and currently a partner at the law firm Hunton Andrews Kurth, as she speaks with John Roberti and Anora Wang about the privacy concerns over using smart devices and possible legal issues and solutions. Listen to this episode to learn more about actions the enforcers might be taking or considering while more homes are "connected." Related Links: 2019 bill introduced in Congress (The Internet of Things Cybersecurity Improvement Act) to set a minimum security standard for the Internet-of-Things (IoT) devices procured by the federal government California law regulating security of "connected devices" Oregon law regulating security of "devices connected to the Internet" Hosted by: John Roberti, Partner, Allen & Overy LLP and Anora Wang, Associate, Winston & Strawn LLP
- OCMar 30, 2020 · 38 min
#35 What Is the Competitive Drug Price? Understanding Drug Pricing and Competition in Europe
The pricing of pharmaceuticals, and in particular whether prices are "too high" or "excessive", is a contentious topic in the EU, as elsewhere. What is "excessive" in this context and what other antitrust arguments are used in this key sector? Paul Csiszar, Director, European Commission, DG Competition and Bill Batchelor, Partner, Skadden, Arps, Slate, Meagher & Flom LLP join Matthew Hall and John Roberti to discuss recent cases and policy directions, including several cases based on allegations of abuse of dominance by pharmaceutical companies. Listen to this episode to learn more about how EU competition/antitrust law can be one part of the toolbox available to investigate and deal with the issue of excessive pricing in pharmaceuticals. Related Links: European Commission opens formal investigation into Aspen Pharma's pricing practices for cancer medicines UK Competition and Markets Authority: Phenytoin sodium capsules: suspected unfair pricing European Court of Justice: Case C-307/18 Generics (UK) and Others UK Competition and Markets Authority: Remicade: alleged abusive discount scheme Hosted by: John Roberti, Partner, Allen & Overy, LLP and Matthew Hall, Partner, McGuireWoods London LLP
- OCMar 23, 2020 · 37 min
#34 What Changes Across the Northern Border? Five Key Differences Between US and Canadian Antitrust Law
Just across our Northern Border lies over 500,000 square miles of Arctic tundra and a very robust antitrust regime equipped to weather the varied challenges facing antitrust practitioners today. But what are the difference with the U.S. antitrust laws and enforcement regime? Huy Do, Partner at Fasken and Chair of the Competition Law Section of the Canadian Bar Association, walks us through five key differences between U.S. and Canadian antitrust law and jurisprudence. Listen to this episode if you want to learn more about the nuances in practicing cross-border North American competition law. Related Links: Doing Business in Canada: Competition Act and Law in Canada Hosted by: John Roberti, Partner, Allen & Overy and Christina Ma, Associate, Wachtell Lipton
- OCMar 16, 2020 · 32 min
#33 Can I Just Disappear? The Privacy Right to Be Forgotten.
In Europe, the right to privacy is considered a basic and fundamental human right, and allows individuals to request that personal data about themselves be erased or deleted - what has been termed the "right to be forgotten." How do European privacy rights compare with American ones, and will there ever be an American "right to be forgotten" similar to the one in Europe? Data protection law experts Melanie Teplinsky and Mehboob Dossa join Kayla Odom and John Roberti to discuss how this right is being exercised in the EU and to explore from both American and European perspectives how the individual's right to privacy can be balanced with the public's right to access. Listen to this episode to learn more about how the principles of privacy law differ across the Atlantic, and how they can be harmonized. Related Links: EU General Data Protection Regulation ("GDPR"), Article 17, Right to Erasure ('Right to be Forgotten') (effective May 2018) Court of Justice of the European Union, Press Release No. 112/19, Google LLC v. Commission nationale de l'informatique et des libertés (CNIL) (Sept. 24, 2019) Court of Justice of the European Union, Press Release No. 128/19, Eva Glawischnig-Piesczek v. Facebook Ireland Limited (Oct. 3, 2019) U.S. Children's Online Privacy Protection Rule ("COPPA") California "Eraser Button Law" (SB 586) (effective January 1, 2015) California Consumer Privacy Act ("CCPA") Hosted by: John Roberti, Partner, Allen & Overy and Kayla Odom, Associate, Freitas & Weinberg
- OCMar 9, 2020 · 32 min
#32 Is There Choice in Cheer? Considering Market Competition in Competitive Cheering
Interest in all-star cheer has exploded over the past decade, and the sport is fast becoming one of the most popular around the globe. But are there competition law issues in competitive cheer? Matt Stoller, author and commentator on the history and politics of monopoly power, joins Danielle Haugland and John Roberti to discuss competitive forces within the industry and how consumers (and kids) may be paying the price for dominance. Listen to this episode if you want to learn more about antitrust analysis in unexpected places. Related Links: https://mattstoller.substack.com/ Hosted by: Danielle Haugland, Global Director, Business Development Integreon and John Roberti, Allen & Overy LLP
- OCMar 2, 2020 · 33 min
#31 Why the Pushback? Understanding the Policy Challenges to the eBooks Enforcement Case.
The United States v. Apple "eBooks" case was very strong in doctrinal terms—it involved a horizontal price-fixing cartel with overwhelming evidence proving the conspiracy and the harm it caused, and to antitrust lawyers it was a case that the government couldn't lose. If it is true that Americans believe in markets and competition, then the case should have had strong support. But to the broader public it was not an easy case at all, and Apple and the publishing company defendants found supporters all across the political spectrum. Chris Sagers, distinguished professor and author of United States v. Apple: Competition Policy in America, joins us in taking a closer look at the eBooks case and the public's perception of the role of antitrust laws. Related Links: Chris Sagers, United States v. Apple: Competition in America (Harvard University Press, Sept. 17, 2019) United States v. Apple, Inc., 952 F. Supp. 2d 638 (S.D.N.Y 2013) United States v. Apple, Inc., 791 F.3d 290 (2d Cir. 2015) More from our guest, Chris Sagers Hosted by: John Roberti, Allen & Overy LLP and Kayla Odom, Freitas & Weinberg LLP
- OCFeb 24, 2020 · 33 min
#30 How Do I Build It? Practical Tips for Expanding Your Network.
How can you build your network in the complex field of antitrust law? And where do you find the time and energy to do it? Join Karen Wickre, author of Taking the Work Out of Networking: An Introvert's Guide to Making Connections That Count, as she speaks to Deona Kalala and John Roberti about how to integrate social media into your daily practice. Listen to this program if you want to learn more about using social media and other tools at your disposal to build your brand within our competitive field. Related Links: https://karenwickre.com/ Hosted by: Deona Kalala, Alston & Bird LLP and John Roberti, Allen & Overy LLP