Feb 17, 2020 · 35 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
- OCFeb 10, 2020 · 32 min
#28 Why All is Not Fair? Four Tips for Complying with Established FTC Advertising Principles.
What are some common legal traps in advertising? Enforcers at the FTC have good ways to describe them—and they all rhyme—illustrated with some intriguing examples from real ads. Lesley Fair, a senior attorney at the FTC's Bureau of Consumer Protection, speaks with John Roberti and Anora Wang about how ads can run afoul of the FTC Act and offers tips on how advertisers can comply. Listen to learn about the "perception deception," "proof goof," "disclosure delusion," and "tech trap." Related Links: Advertising FAQ's: A Guide for Small Business Hosted by: John Roberti, Partner, Allen & Overy LLP and Anora Wang, Associate, Winston & Strawn LLP
- OCFeb 3, 2020 · 35 min
#27 Why Does it Matter? The Role of Big Data in Antitrust.
The relationship between Big Data and Antitrust has been a hot topic recently. In this episode, University of Florida Law Professor and White & Case Senior Advisor Daniel Sokol talks with hosts John Roberti and Sergei Zaslavsky about this important subject, combining his genuine expertise, eclectic erudition, and unique panache. Any Big Data podcast can provide an explanation of the four Vs and network effects; this one mixes in Fiddler on the Roof, Woody Allen, Werner Herzog, and Joseph Schumpeter's thesis advisor. Listen to this episode for an engaging conversation that is educational and entertaining in equal measure. Related Links: The Four Vs of Big Data Daniel Sokol and Roisin Comerford, Antitrust and Regulating Big Data Hosted by: John Roberti, Partner, Allen & Overy and Sergei Zaslavsky, Counsel, O'Melveny & Myers
- OCJan 27, 2020 · 29 min
#26 What's the Impact? The Role of Economists in Explaining Injury and Impact in Competition Cases.
What is the role of an economist in identifying harm? ABA Antitrust Law Section Economics Co-Chair Dr. Laila Haider talks to Christina Ma and John Roberti about the role of economists in antitrust matters and their particular importance in identifying harm to consumers. Listen in to this episode to learn more about how economists and lawyers work together on cases. There will be no math on the test. Hosted by: Christina Ma, Associate, Wachtell Lipton and John Roberti, Partner, Allen & Overy LLP
- OCJan 21, 2020 · 32 min
Breaking News Special: Draft Vertical Merger Guidelines
On January 10, the Federal Trade Commissions and the Department of Justice released Draft Vertical Merger Guidelines. In this Breaking News Special, ABA Antitrust Law Section Mergers Committee Co-Chairs Michael Keeley and Joanna Tsai join hosts John Roberti and Sergei Zaslavsky to share their initial reactions to the Guidelines. Listen to this episode to learn about vertical theories of harm, quasi safe harbors, and EDM (hint - it's not electronic dance music). Related Links: Draft Vertical Merger Guidelines Hosted by: John Roberti, Partner, Allen & Overy and Sergei Zaslavsky, Counsel, O'Melveny & Myers
- OCJan 20, 2020 · 29 min
#25 Are You Paying The Right Drug Price? The Role of Antitrust in Prescription Drug Pricing.
Are prescription drug prices too high and can antitrust and competition law be used to regulate the "right" price? NYU professor Harry First and Lauren Rackow will talk to John Roberti and Ricardo Woolery about the recent trend of increasing prescription drug prices, whether the "right" price exists, and whether antitrust and competition law have tools to regulate these prices. Listen to this episode to learn more about how competition experts think about high drug prices and calls for greater antitrust and competition law enforcement to regulate them. Related Links: Harry First, Excessive Drug Pricing as an Antitrust Violation, 82 Antitrust Law Journal 701 (2019) U.S. Dep't of Justice, Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act, Chapter 1 (2008) A Brief Overview of the Federal Trade Commission's Investigative, Law Enforcement, and Rulemaking Authority, Section II(2) Overview of Article 102 of the Treaty on the Functioning of the European Union Hosted by: John Roberti and Ricardo Woolery
- OCJan 13, 2020 · 32 min
#24 What the Oyez? The Current Supreme Court and Antitrust
The U.S. Supreme Court is no stranger to antitrust law. Jaime Santos, a partner in Goodwin Procter's appellate group, joins Christina Ma and John Roberti to explore recent Supreme Court antitrust cases, including FTC v. Actavis, Ohio v. American Express, and Apple v. Pepper. Listen to this episode to learn more about how the changing Supreme Court bench is likely to impact antitrust cases in the years to come. Related Links: Apple v. Pepper SCOTUS decision Ohio v. American Express SCOTUS decision FTC v. Actavis SCOTUS decision FTC/DOJ Rift Over Qualcomm Hosted by: Christina Ma, Associate, Wachtell Lipton and John Roberti, Partner, Allen & Overy LLP
- OCJan 6, 2020 · 24 min
#23 How Do You Connect to Lead? Using Social Media to Enhance Your Practice
Social media is convenient and gets people connected, but how can the legal profession use it effectively, and for what purposes? Should lawyers try to be influencers? Marketing professionals Nancy Myrland & Valentina Escobar-Gonzalez speak to John Roberti and Anora Wang about how lawyers, economists, and scholars alike can use social media in personal branding, reaching out to desired audiences, and more. Listen to this episode to learn how to use social media to enhance your practice and become a leader. Related Links: Mark Schaefer on "Only We" Hosted by: John Roberti, Partner, Allen & Overy LLP (Washington DC office) and Anora Wang, Associate, Winston & Strawn LLP (Washington DC office)
- OCDec 23, 2019 · 26 min
#22 Is the Price Right? Understanding Price Vertical Restraints in the United States.
U.S. law involving the enforcement of vertical price restraints has softened in the last 10 years. But that does not mean that they are not traps that must be avoided. John David Evans, the chair of the Pricing Conduct Committee at the Antitrust Law Section, speaks to John Roberti and Elyse Dorsey about where the lines are regarding companies enforcing pricing policies down the chain of distribution. Listen to this program if you want to learn more about the risks of vertical pricing policies. Related Links: ABA Pricing Conduct Committee Hosted by: John Roberti, Allen & Overy LLP and Elyse Dorsey, Federal Trade Commission
- OCDec 23, 2019 · 31 min
#21 How Far Can I Go? EU Competition Law and Distribution
The European Commission has dramatically increased its level of competition law enforcement against vertical agreements. Distribution agreements have in particular been in the spotlight, but other arrangements such as licensing are also at risk. The focus is on ensuring that manufacturers and licensors do not unreasonably ban or restrict online selling and is replicated at national level in the EU. Jennifer Marsh, a London-based partner with law firm K&L Gates discusses the recent cases and their implications with Matthew Hall of McGuireWoods and John Roberti of Allen & Overy. Hosted by: Matthew Hall of McGuireWoods and John Roberti of Allen & Overy
- OCDec 16, 2019 · 28 min
#20 Do You Understand the Game? Competition Law and E-sports.
There is a long history of competition law impacting sports, from the early days of the baseball exemption to the antitrust laws to present-day amateur athletic challenges. But how do these rules apply to e-gaming, which has many elements of physical sports but with other aspects thrown in? In this episode, Derek Ludwin and Alex Simon speak with John Roberti and Michele Lee about the competition law issues raised by e-gaming and the new challenges they bring. Listen to this episode to learn more about the nuance of sports competition law applied in an innovative context. Related Links: Note on E-Sports and Antitrust Link to the ABA Antitrust Law Section Trade, Sports and Associations homepage Hosted by: John Roberti, Allen & Overy LLP and Michele Lee, Twitter
- OCDec 9, 2019 · 34 min
#19 So What's The Loss? An Economist's Take on Private Antitrust Litigation Outside the U.S.
The amount of private antitrust litigation outside the U.S. continues to increase dramatically. This is no longer confined to the traditional jurisdictions of the UK, Germany and the Netherlands, but is now worldwide. Follow-on claims, which rely on a regulatory decision to prove an infringement, and stand-alone claims, where the infringement must be shown, are common. In the EU, virtually every cartel decision by a regulator is now followed by a damages claim from customers. However, cartel damages claims are far from the only types of claim being brought. Mat Hughes, a leading London-based economist with AlixPartners, discusses the key issues raised when valuing and arguing loss in private antitrust litigation outside the U.S., from both the claimants' and defendants' points of view. Hosted by: John Roberti, Allen & Overy LLP and Matthew Hall, McGuireWoods London LLP
- OCDec 2, 2019 · 31 min
#18 What Do the Numbers Say? Using Data as a Cartel Compliance Tool
Developing a robust and effective corporate compliance program can be daunting. Given the sheer size of many enterprises, it is necessary to make choices about how to apply resources. Data can help companies to make good choices and also to make their compliance programs more effective by allowing for better modeling. In this episode, Liban Jama and Chris Wall speak with John Roberti and Wendy Huang Waszmer about how companies can use data that is in their systems. Listen to this episode to learn more about how to design a more effective compliance program. Related Links: AAG Speech on Compliance DOJ Antitrust Division Corporate Compliance Guidance Hosted by: Wendy Waszmer, Wilson Sonsini Goodrich & Rosati and John Roberti, Allen & Overy LLP
- OCNov 25, 2019 · 35 min
#17 What's the State of Things: 3 Things I Keep, 3 Things I Change (with Diana Moss)
In our "Three to Keep, Three to Change" series, we ask antitrust thought leaders a simple yet provocative question. What three things do you like about antitrust law and would keep, and what three things would you change? In this episode, Diana Moss--an economist, former regulator, and current President of the American Antitrust Institute--speaks with John Roberti and Tammy Zhu about the states' challenge of the T-Mobile/Sprint merger, gender diversity in antitrust law, role of economists in a shifting antitrust landscape, and more. Listen to this episode for an entertaining and wide-ranging discussion of everything from the role of antitrust enforcement in digital platforms to "verticalization." Related Links: Merger Enforcement Big Tech CVS Aetna AAI Letter AAI USAir AA Efficiencies Hosted by: John Roberti, Partner, Allen & Overy LLP and Tammy Zhu, Legal Counsel, Medallia
- OCNov 18, 2019 · 32 min
#16 When Is Doing Good Bad? Antitrust in Social Responsibility Agreements.
Companies today are increasingly concerned with social responsibility issues, including environmental and supply chain labor, and trying to find ways to engage more responsibly. What are the antitrust lines they should watch out for if they want to pursue industry-wide solutions? Melissa Maxman, partner at Cohen & Gresser and chair of the Antitrust Law Section's Exemptions and Immunities Committee, talks about how agreements to do good can go bad under the antitrust laws. Listen to this episode if you want to learn about how to draw the lines to ensure compliance. Related Links: Article on investigation into California emissions FTC Blog post, Doing Good Well FTC Staff Report on the Noerr-Pennington Doctrine Hosted by: John Roberti, Allen & Overy LLP and Elyse Dorsey, Federal Trade Commission
- OCNov 11, 2019 · 26 min
#15 Why the Techlash? Antitrust Policy and Big Tech.
Whether antitrust enforcement against Big Tech is sufficient has been a hot topic in the antitrust world and on Capitol Hill. In this episode, Hal Varian, an industrial organization and information economics scholar and the Chief Economist at Google, speaks with John Roberti and Sergei Zaslavsky about popular attitudes toward Big Tech, the evidence that populist critics of Big Tech may be overlooking, and what historical trends can tell us about the current state of competition in the tech sector. Listen to this episode for a discussion of Big Tech that touches on everything from entry conditions to data portability to coffee in government meetings. Related Links: List of Alphabet acquisitions Data Transfer Project Hosted by: John Roberti, Partner, Allen & Overy and Sergei Zaslavsky, Counsel, O'Melveny & Myers
- OCNov 4, 2019 · 40 min
#14 What's The State of Things: 3 Things I Keep, 3 Things I Change (with Josh Wright)
In our "Three to Keep, Three to Change" series, we ask antitrust thought leaders a simple yet provocative question. What three things do you like about antitrust law and would keep, and what three things would you change? In this episode, law and economics scholar and former FTC Commissioner Josh Wright speaks with John Roberti and Sergei Zaslavsky about independent economic analysis at the FTC, merger retrospectives, the value of dissents, the use of presumptions in merger cases, and more. Listen to this episode for an entertaining and wide-ranging discussion of everything from agency clearance battles to wrestling holds. Related Links: Edith Ramirez Speech on FTC Merger Retrospectives Josh Wright Ardagh Dissent Josh Wright Dollar Tree Dissent Hosted by: John Roberti, Allen & Overy and Sergei Zaslavsky, O'Melveny & Myers
- OCOct 28, 2019 · 31 min
#13 Is Your Compliance Program Designed to Detect Violations? Department of Justice's Criminal Enforcement Guidance
Corporate criminal investigations can be enterprise threatening due to the significant fines, criminal prosecution of company executives, and potential follow-on litigation. For years, companies have invested in corporate compliance programs and now are evaluating the effectiveness of these programs in light of new DOJ guidance. In this episode, Richard Powers and Eyitayo ("Tee") St. Matthew-Daniel speak with John Roberti and Wendy Huang Waszmer about how companies can design a compliance program to detect violations. Listen to this episode to learn more about DOJ's compliance guidance. Related Links: Remarks as Prepared for Delivery Guidance Document Hosted by: John Roberti, Allen & Overy and Wendy Huang Waszmer, Wilson Sonsini Goodrich & Rosati
- OCOct 21, 2019 · 35 min
#12 Who is Watching the Ads? The Biggest Mistakes Advertisers Make that Trigger Investigations.
How do advertising investigations come to be and how can they be prevented? Our guest, Chris Cole, is an expert in advertising law and has helped numerous companies get through these investigations. Chris will talk to John Roberti and Ricardo Woolery about the different types of investigations and how they come to be. Listen to this episode to learn more about the different types of advertising investigations and the steps that can be taken to avoid them. Related Links: National Advertising Division International Association of Better Business Bureaus Federal Trade Commission's Consumer Sentinel Network Federal Trade Commission, Division of Advertising Practices Hosted by: John Roberti, Partner, Allen & Overy LLP and Ricardo Woolery, Associate, Skadden, Arps, Slate, Meagher & Flom LLP
- OCOct 14, 2019 · 21 min
#11 How Do You Put the Bricks Together? Evidence that Makes a Difference at Merger Trials
One of the highest stake antitrust cases are merger trials. Katrina Robson speaks with John Roberti and Anora Wang about putting together the evidence and telling a compelling story in merger trials, and what makes a difference. In merger trials, putting together the evidence and telling a compelling story is critical. Our guest, Katrina Robson, has been involved in a number of merger trials. In this episode, she speaks with John Roberti and Anora Wang about what makes a difference in these trials. Listen to this episode to learn more about preparing and living through these trials. Related Links: DOJ Study on Customer Testimony AT&T Time Warner Decision Hosted by: John Roberti, Partner, Allen & Overy LLP and Anora Wang, Associate, Winston & Strawn LLP