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 10, 2023 · 29 min
#229 What's Happening in the EU? A Conversation with DG COMP Director-General Olivier Guersent at the 2023 Spring Meeting
The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with competition law enforcers from around the world. In this episode, host Matthew Hall asks Olivier Guersent, Director-General of the Directorate-General for Competition of the European Commission (DG COMP), about what's been happening in the European Union since we interviewed him at the 2022 Spring Meeting. Listen and learn about DG COMP's current work, the most important anticipated developments of 2023, and what competition law policy and enforcement trends the Director-General sees on the horizon. With special guest: Olivier Guersent, Director-General, DG COMP, European Commission Related Links: EU Digital Markets Act EU Foreign Subsidies Regulation EU Horizontal Guidelines and Block Exemption #165 What Say You? International Enforcers Live at Spring Meeting 2022 Hosted by: Alicia Downey, Downey Law LLC and Matthew Hall, McGuireWoods London LLP
Jul 3, 2023 · 32 min
#228 What's Happening in Canada, Brazil, and Taiwan? Conversations With Competition Law Enforcers at the 2023 Spring Meeting
The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world. In this episode, we ask Matthew Boswell, Commissioner of the Canadian Competition Bureau, Alexandre Cordeiro Macedo, President of CADE in Brazil, and Dr. Chih-Min (Andy) Chen, Vice Chairperson of the Taiwan Fair Trade Commission, about their respective agencies' enforcement priorities, what trends they see on the horizon, and what advocates with matters before their agencies should do to be most effective. As a bonus, listeners will also get to know our distinguished guests a little better on a personal level. With special guests: Matthew Boswell, Commissioner of Competition, Competition Bureau Canada, Alexandre Cordeiro Macedo, President, Conselho Administrativo de Defesa Econômica (CADE), and Dr. Chih-Min (Andy) Chen, Vice Chairperson, Taiwan Fair Trade Commission Related Links: Competition Bureau Canada Conselho Administrativo de Defesa Econômica (CADE) Taiwan Fair Trade Commission Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP
Jun 26, 2023 · 43 min
#227 Axin' the FTC's Administrative Authority? The Implications of Axon Enterprise, Inc. v. FTC
On April 14, 2023, the U.S. Supreme Court issued its unanimous opinion in Axon Enterprise, Inc. v. Federal Trade Commission, holding that parties contesting the agency's constitutionality may commence immediate collateral challenges in federal court. Will this decision prompt a host new of challenges to the FTC's authority? In this episode, co-hosts Elyse Dorsey and Jana Seidl speak with Nandu Machiraju, Partner at Baker McKenzie, about the Supreme Court's recent decision and what it means for the FTC and for parties facing the prospect of FTC administrative enforcement. With special guest: Nandu Machiraju, Partner, Baker McKenzie Related Links: Axon Enterprise, Inc. v. Federal Trade Commission U.S. Chamber of Commerce: Supreme Court Hands Businesses a Big Win in Case Against FTC Axon Enterprise, Inc. v. Federal Trade Commission Oral Argument Hosted by: Elyse Dorsey, Partner, Kirkland & Ellis LLP and Jana Seidl, Senior Associate, Baker Botts LLP
Jun 19, 2023 · 30 min
#226 An Agency in Peril? The Implications of Axon, Louisiana Children's Medical Center, and Other Challenges to the FTC's Power
The current administration and leadership at the FTC, helmed by Chair Lina Khan, have been vocal about their desire to expand antitrust and consumer protection enforcement and to use all the tools in their enforcement and regulatory toolkit to address harms that they see as taking place across the economy. But are these new initiatives consistent with constitutional and administrative law principles? Matt Tabas, an experienced antitrust practitioner and former FTC attorney, joins Jeny Maier and Melissa Maxman to offer an overview of the challenges that the FTC is facing while it is seeking to flex its enforcement muscles. Listen to this episode to learn more about these threats to the FTC and how courts are likely to address them. With special guest: Matthew Tabas, Partner, Arnold & Porter Hosted by: Jeny Maier and Melissa Maxman
Jun 12, 2023 · 31 min
#225 A New Syllabus For Antitrust Class? Meet the Authors of the New Open Source U.S. Antitrust Law Casebook
Legal textbooks have always been expensive but these days, the cost of a new commercially-published antitrust law casebook can range from $300 to $500. What if a high-quality casebook were available at little or no cost? With the support of the ABA Antitrust Law Section, NYU Law School Professors Christopher Sprigman and Daniel Francis recently completed the world's first openly-licensed antitrust law casebook. Listen to this episode as they talk with co-hosts Alicia Downey and Sarah Zhang about this important project and whether eliminating the expense of traditional casebooks might lead to an increase in law students taking antitrust and potentially pursuing careers in the field. With special guests: Daniel Francis, Assistant Professor of Law, New York University School of Law Christopher Jon Sprigman, Murray and Kathleen Bring Professor of Law, New York University School of Law, and Co-Director, Engelberg Center on Innovation Law and Policy Related Links: Daniel Francis & Christopher Jon Sprigman, Antitrust Principles, Cases and Materials Hosted by: Alicia Downey, Downey Law LLC and Sarah Zhang, Baker Botts L.L.P.
Jun 5, 2023 · 31 min
#224 What's Happening in Austria, Switzerland, and Lithuania? Conversations With Competition Law Enforcers at the 2023 Spring Meeting.
The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world. In this episode, we ask Natalie Harsdorf-Borsch, acting director of the Austrian Federal Competition Authority, Laura Melusine Baudenbacher, president of the Swiss Competition Commission, and Šarūnas Keserauskas, the then chairman of the Lithuanian Competition Council, about their respective agencies' enforcement priorities, what trends they see on the horizon, and what advocates with matters before their agencies should do to be most effective. As a bonus, listeners will also get to know our distinguished guests a little better on a personal level. With special guests: Natalie Harsdorf-Borsch, Acting Director, Austrian Federal Competition Authority, Dr. Laura Melusine Baudenbacher, President, Swiss Competition Commission, and Šarūnas Keserauskas, Chairman, Lithuanian Competition Council (2011-2023) Related Links: Austrian Federal Competition Authority (Bundeswettbewerbsbehörde) Swiss Competition Commission Competition Council of the Republic of Lithuania (Konkurencijos taryba) Hosted by: Alicia Downey, Downey Law LLC, Anora Wang, Arnold & Porter Kaye Scholer LLP, Sergei Zaslavsky, O'Melveny & Myers LLP, and Jeny Maier, Axinn, Veltrop & Harkrider LLP
May 29, 2023 · 25 min
#223 Are Chatbots Protected? Analyzing Whether Section 230 Should Apply to Generative AI.
Section 230 generally shields online platforms from liability for third-party content. It has been widely credited with enabling the growth of the internet, but to what extent does it apply to the latest disruptive technology --- generative AI? Jess Miers, Legal Advocacy Counsel at the Chamber of Progress, discusses the applicability of Section 230 to generative AI with hosts Christina Ma and Sergei Zaslavsky. Listen to this episode to learn about arguments for and against applying Section 230 to generative AI, and what features of generative AI will likely be key to determining the scope of Section 230 protection. With special guest: Jess Miers, Legal Advocacy Counsel, Chamber of Progress Related Links: Matt Pereault, Section 230 Won't Protect ChatGPT, Lawfare Jess Miers, Yes, Section 230 Should Protect ChatGPT And Other Generative AI Tools, Techdirt Henderson v. The Source for Public Data Fourth Circuit Opinion Fair Housing Council of San Fernando Valley v. Roommates.com Ninth Circuit Opinion Hosted by: Sergei Zaslavsky, O'Melveny & Myers and Christina Ma, Wachtell, Lipton, Rosen & Katz
May 22, 2023 · 44 min
#222 Too Political or Not Political Enough? A Debate on the Relationship Between Antitrust Enforcement and Democracy.
There are many debates in the antitrust world today, but none is as fundamental as the discussion over the core purpose of antitrust. Should antitrust law be solely concerned with economic efficiency, or is it also a tool for upholding and promoting our democratic political values? Spencer Waller, law professor at the Loyola University Chicago School of Law, and Geoffrey Manne, founder of the International Center for Law and Economics, debate this important question with hosts Sergei Zaslavsky and Melissa Maxman. Listen to this episode to hear competing perspectives on such key issues as the connection between economic and political power, the proper role of different branches of government in shaping antitrust policy, and much more. With special guests: Spencer Waller, John Paul Stevens Chair in Competition Law, Loyola University Chicago School of Law and Geoffrey Manne, Founder and President of International Center for Law and Economics Related Links: Harry First and Spencer Weber Waller, Antitrust's Democracy Deficit, 81 Fordham L. Rev. 2543 (2013) Antitrust and Democracy by Spencer Weber Waller :: SSRN Geoffrey Manne & Alec Stapp, Does Political Power Follow Economic Power? (Dec. 30, 2019) Hosted by: Sergei Zaslavsky, O'Melveny & Myers and Melissa Maxman, Cohen & Gresser
May 15, 2023 · 33 min
#221 What's Happening in Germany and Spain? Conversations With Competition Law Enforcers at the 2023 Spring Meeting
The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world, including Germany and Spain. In this episode, we ask Andreas Mundt, the president of the German Bundeskartellamt and Cani Fernández, the president of the Spanish National Markets and Competition Commission, about their enforcement priorities, what trends they see on the horizon, and what advocates with matters before their agencies should do to be most effective. As a bonus, listeners will also get to know our distinguished guests a little better on a personal level. With special guests: Andreas Mundt, President, the Bundeskartellamt and Cani Fernández, President, Comisión Nacional de los Mercados y la Competencia Related Links: Bundeskartellamt Spanish National Markets and Competition Commission (CNMC) Ep. #177 Who Is Cani Fernández? Meet the President of the Spanish National Markets and Competition Commission Hosted by: Sergei Zaslavsky, O'Melveny & Myers LLP and Alicia Downey, Downey Law LLC
May 8, 2023 · 27 min
#220 Who Is Willard Mwemba? A Conversation With the Chief Executive Officer of the COMESA Competition Commission.
The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world. In this episode--one in a series of episodes featuring interviews recorded live at the 2023 Spring Meeting--host Sergei Zaslavsky speaks with Willard Mwemba, the Director and CEO of the COMESA Competition Commission. Listen to this episode to hear about COMESA's enforcement priorities, what trends Director Mwemba sees on the horizon, and what advocates appearing before the Commission should do to be most effective. Listeners will also hear about COMESA's special challenges and opportunities as the agency enters its second decade. With special guest: Willard Mwemba, Director and Chief Executive Officer, COMESA Related Links: COMESA Competition Commission Hosted by: Sergei Zaslavsky, O'Melveny & Myers LLP and Alicia Downey, Downey Law LLC
May 1, 2023 · 28 min
#219 What's Happening in Greenland, Armenia, and Latvia? Conversations With Competition Law Enforcers at the 2023 Spring Meeting
The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world. What are their enforcement priorities, what trends do they see on the horizon, and what should advocates with matters before their agencies do to be most effective? Discover the answers to these questions in this episode and other episodes in this special series of interviews recorded live at the Spring Meeting. And as a bonus, listeners will also get to know our distinguished guests a little better on a personal level. With special guests: Kristina Nordby, Head of the Board, Greenlandic Consumer and Competition Authority Gegham Gevorgyan, Chairman, Armenian Commission for the Protection of Competition Kārlis Piģēns, Council Member, Competition Council of Latvia Related Links: Greenlandic Consumer and Competition Authority Armenian Competition Protection Commission Competition Council of the Republic of Latvia Hosted by: Matt Michaloski, Kayla Odom, and Alicia Downey
Apr 24, 2023 · 43 min
#218 LIV and Let Live? The Antitrust Fight Between the PGA and LIV Golf.
LIV Golf is the most serious threat the PGA has ever faced, and the fight between the two professional golf tours has grown increasingly personal and bitter. But is the PGA defending itself through illegal anticompetitive tactics? Michael McCann, one of the nation's foremost sports law experts and Kail Jethmalani join Anant Raut and Anora Wang to discuss the life of a professional golfer, what makes the LIV tour appealing, and the PGA's history against upstart rivals. Listen to this episode to learn more about the antitrust case between the two tours, and why it may end up in the Supreme Court. With special guests: Professor Michael McCann, Director of the Sports and Entertainment Law Institute, Franklin Pierce School of Law and Kail Jethmalani, Counsel, Axinn Related Links: LIV Golf and PGA Tour Set for Long Term Courtroom War Hosted by: Anant Raut and Anora Wang
Apr 17, 2023 · 41 min
#217 Is it a Parallel Universe? Competition Law in the Metaverse.
It seems that metaverses will soon be ubiquitous. What are the competition law issues? Dr. Yusuke Takamiya, the antitrust/competition law partner at Mori Hamada & Matsumoto, joins Matthew Hall and Anora Wang to discuss what metaverses are, how they are structured, the parallels with existing competition law analysis of technology markets and the specific issues raised by metaverses. Listen to this episode to learn more about this rapidly developing technology and area of competition law. With special guest: Yusuke Takamiya, Partner, Mori Hamada & Matsumoto Related Links: The Metaverse & Antitrust/Competition Law, presentation, Yusuke Takamiya, January 2023 European Parliament briefing, June 2022 European American Chamber of Commerce article, October 2022 Japan Fair Trade Commission event January 2023 Hosted by: Matthew Hall, Partner, McGuireWoods London LLP and Anora Wang, Associate, Arnold & Porter Kaye Scholer LLP
Apr 10, 2023 · 34 min
#216 Has the Risk of Information Exchanges Shifted? DOJ's Withdrawal of Healthcare Policy Statements.
For 30 years, companies in healthcare and other industries have relied on agency guidance immunizing certain kinds of information exchanges with competitors. How does DOJ's recent withdrawal of these safe harbors change the landscape? Leslie Overton, former DOJ official and currently a partner at Axinn, Veltrop & Harkrider, joins Sergei Zaslavsky and Jaclyn Phillips to discuss DOJ's policy change. Listen to this episode to learn more about the antitrust agencies' approach to information exchanges and what the withdrawal of prior policy statements means for practitioners and in-house counsel. With special guest: Leslie Overton, Axinn, Veltrop & Harkrider Related Links: DOJ announcement of withdrawal of healthcare policy statements Principal Deputy Assistant Attorney General Doha Mekki's speech regarding withdrawal of policy statements Hosted by: Sergei Zaslavsky, O'Melveny & Myers and Jaclyn Phillips, White & Case
Apr 3, 2023 · 30 min
#215 What Does Antitrust Counsel to a United States Senator Do? A Conversation With Mark Meador.
There are many ways to make a career engaging with competition law. Guest Mark Meador, Deputy Chief Counsel for Antitrust and Competition Policy to Senator Mike Lee, has forged a unique path working on and off the Hill. What exactly does antitrust counsel to a United States Senator do? Mark discusses the various functions of the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights and his own work. Listen to this episode to hear his unique perspective on working with competition law and policy. With special guest: Mark Meador, Deputy Chief Counsel for Antitrust and Competition Policy to Senator Mike Lee Related Links: Senate Judiciary subcommittees landing page Senator Lee press Hosted by: Christina Ma and Matt Michaloski
Mar 27, 2023 · 45 min
#214 What Can Be Done? Sustainability and Competition Law in Europe.
European competition regulators are increasingly focused on sustainability agreements and have published guidance. What are these documents saying and are they consistent? Jay Modrall, Brussels-based competition lawyer, joins Matthew Hall and Aaron Yeater to discuss the current position in the EU and UK. Listen to this episode to learn more about the application of EU and UK competition law to sustainability agreements between companies, including those intended to assist with the fight against climate change. With special guest: Jay Modrall, Senior Counsel, Norton Rose Fulbright LLP Related Links: Netherlands ACM draft Guidelines on Sustainability Agreements January 2021 UK CMA draft Guidelines on Environmental Sustainability Agreements March 2023 European Commission draft Guidelines on Horizontal Cooperation Agreements Hosted by: Matthew Hall, Partner, McGuireWoods London LLP and Aaron Yeater, Managing Principal, Analysis Group, Inc.
Mar 20, 2023 · 30 min
#213 Where Are All the Women Economists? #MeToo Issues in Antitrust Economics
Demand for diverse economists has exploded, but institutions still fail to recruit, retain, and promote women long term. Are issues of abuse and harassment deterring women from the field? In this episode, co-hosts Elyse Dorsey and Jana Seidl speak with Paola Valenti, Professor of Professional Practice at Columbia Business School, and Kellie Kemp, Senior Counsel at Uber about the struggles women face in the economics profession today. Listen to this episode to learn about why it's difficult to find women economists, why the antitrust community needs to promote women economists, and tools for confronting gender discrimination and sexual misconduct. With special guests: Paola Valenti, Professor of Professional Practice at Columbia Business School and Kellie Kemp, Senior Counsel at Uber Related Links: Alison F. Del Rossi and Joni Hersch, Gender and the Consulting Academic Economist Report of the Committee on the Status of Women in the Economics Profession Elizabeth M. Bailey, Gender Diversity in Experts: A Reply to and Extension of Rafkin and Kuykendall Hosted by: Elyse Dorsey, Kirkland & Ellis LLP and Jana Seidl, Baker Botts LLP
Mar 13, 2023 · 26 min
#212 A Sickness or a Cure for High Drug Prices? Why PBMs Are Under the Antitrust Microscope
Drug prices are top of mind for numerous patients, legislators, policy experts, and antitrust enforcers these days. But what role do pharmacy benefit managers (PBMs) play in determining the price and availability of drugs at the pharmacy counter, and why do PBMs find themselves in the middle of an FTC market study looking into their business practices? Join Alicia Downey and Jeny Maier as they talk with Dr. Erin Trish, an economist and health policy expert, about the evolution of PBMs and the current antitrust inquiries they are facing. Listen to this episode if you want to learn more about what goes into the price that you pay for your prescription. With special guest: Dr. Erin Trish, Co-Director, Schaeffer Center for Health Policy & Economics, University of Southern California Related Links: USC Schaeffer Center Research on the Pharmaceutical Distribution Chain USC Schaeffer Center Public Comments to FTC on PBMs Who Is Really Driving Up Insulin Costs? (April 18, 2022) Testimony Before the U.S. Senate Committee on Commerce, Science, & Transportation on Bringing Transparency and Accountability to Pharmacy Benefit Managers (February 16, 2023) Livestream Video of Senate Committee Hearing Hosted by: Alicia Downey, Downey Law LLC and Jeny Maier, Axinn, Veltrop & Harkrider LLP
Mar 6, 2023 · 42 min
#211 What's It Like Seeing Trials on the Bench? Conversation With Judge Yvonne Gonzalez Rogers.
Serving on the bench is a challenge and a privilege. For certain communities in our society, the path to the bench was a never traveled one until recently. What are some of the most valuable experiences that have prepared a judge for the bench? The honorable Judge Yvonne Gonzalez Rogers speaks with Melissa Maxman and Anora Wang on her professional experiences including prior private practice and service in state and federal courts, her views on diversity, equity, and inclusion, and practice pointers. With special guest: Judge Yvonne Gonzalez Rogers, the District Court for the Northern District of California Related Links: Apple iPod iTunes Antitrust Litig., No. 05-CV-0037 YGR, 2014 WL 4809288 (N.D. Cal. Sept. 26, 2014) (ORDER DENYING: (1)DEFENDANT'S COMBINED MOTION FOR SUMMARY JUDGMENT AND DAUBERT MOTION; (2)PLAINTIFFS' DAUBERT MOTION; AND (3)PLAINTIFFS' MOTION TO STRIKE EXPERT REPORT) Epic Games, Inc. v. Apple Inc., 559 F. Supp. 3d 898, 922 (N.D. Cal. 2021) (RULE 52 ORDER AFTER TRIAL ON THE MERITS) Hosted by: Melissa Maxman, Cohen & Gresser and Anora Wang, Arnold & Porter
Feb 27, 2023 · 37 min
#210 No-Nonsense or Nonstarter? The FTC's Proposed Rule To Ban Non-Compete Clauses
In January 2023, the FTC issued a Notice of Proposed Rulemaking that would ban virtually all non-compete agreements between employers and workers, both retroactively and going forward, categorizing them as an "unfair method of competition" under Section 5 of the FTC Act. What does the FTC's proposed rule look like, and is it destined to succeed? In this episode, co-hosts Jana Seidl and Elyse Dorsey speak with Anna Aryankalayil about the various details and scope of the proposed rule, the reasons behind non-competes, and potential legal challenges to any final rule the FTC may issue. Listen to this episode to learn about all sides of the heated controversy over the proposed ban on non-compete agreements. With special guest: Anna Aryankalayil, Partner, Orrick Herrington & Sutcliffe Related Links: Press Release, FTC Proposes Rule to Ban Noncompete Clauses FTC Non-Compete Clause Rulemaking FTC Non-compete Clause Rule (NPRM) Comments Bloomberg article, FTC Noncoompete ban slammed by business groups as 'unworkable' Hosted by: Jana Seidl, Senior Associate, Baker Botts L.L.P. and Elyse Dorsey, Partner, Kirkland & Ellis LLP