Our Curious Amalgam - American Bar Association

Latest Episodes:

#257 Throwing the Book at Orange Book Listings? The FTC's Views on the Antitrust Implications of Listing Patents in the Orange Book Jan 22, 2024

Show notes

The interplay between patent law and competition law has been a consistent focus for the antitrust agencies over the years, most notably in the pharmaceutical sector between brand and generic drugs. But will the FTC take a new approach to dealing with branded drug company patents listed in the FDA's "Orange Book"? Mika Ikeda, Competition Counsel at Johnson & Johnson joins Jaclyn Phillips and Jeny Maier to discuss the FTC's historical interest in Orange Book listings and what actions the agency may take in the future. Listen to this episode to learn more about FTC policy related to competition in drug markets, and why the "Orange Book" is orange!

With special guest:

Mika Ikeda, Senior Counsel, Competition Law, Johnson & Johnson

Hosted by:

Jaclyn Phillips, White & Case LLP and Jeny Maier, Axinn, Veltrop & Harkrider LLP

#256 Is Crypto a Giant Pump-and-Dump Scheme? The Art of Selling Nothing for Something Jan 15, 2024

Show notes

The hype around cryptocurrency is at an all-time high, as the industry makes a major push to go mainstream. But is it all a giant pump-and-dump scheme? Software engineer and celebrated crypto critic Molly White and the SEC's Associate Director of Enforcement Carolyn Welshhans join Anant Raut and Aaron Yeater for a braintwister of a discussion on such topics as what is money; if blockchain is so secure how does so much crypto keep getting stolen; and is crypto a giant scam. Listen to this episode to learn more about whether ordinary investors will be left holding the bag when the crypto bros cash out.

With special guests:

Molly White, Software Engineer and Founder, Web3 is Going Just Great and Carolyn Welshhans, Associate Director of the Division of Enforcement, Securities and Exchange Commission

Related Links:

Web 3 is Going Just Great

Hosted by:

Anant Raut and Aaron Yeater, Analysis Group, Inc.

#255 Can Self-Preferencing Algorithms Be Procompetitive? A Review of the Economic Literature Jan 08, 2024

Show notes

Self-preferencing by digital platforms has become ubiquitous in today's antitrust discourse. But has enough focus been put on economic analysis to understand the procompetitive benefits of self-preferencing conduct? Emilie Feyler and Dr. Veronica Postal, Senior Consultants at NERA Economic Consulting, speak with Jaclyn Phillips and Barry Nigro about their assessment of the economic literature on self-preferencing. Listen to this episode to learn more about what the empirical research has to say and if there are still gaps to fill.

With special guests:

Emilie Feyler, Senior Consultant, NERA Economic Consulting and Dr. Veronica Postal, Senior Consultant, NERA Economic Consulting

Hosted by:

Jaclyn Phillips, White & Case LLP and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP

#254 How Did Antitrust Law Help Defeat the Ku Klux Klan? The Vietnamese Fisherman's Association Case Jan 01, 2024

Show notes

In the early 1980s, a group of Vietnamese fisherman on the gulf coast of Texas teamed up with the Southern Poverty Law Center to mount a heroic legal challenge to the Ku Klux Klan. How did antitrust law play a role in this important civil rights case? Charles Moore joins co-hosts Derek Jackson and Alicia Downey to talk about the Section's Diversity.Advanced Committee's upcoming reenactment of the court proceedings, the historical use of antitrust law in cases of violence or threats against competitors, and the potential for new cases in this area. Listen to this episode to learn about the antitrust issues that arose in a milestone case in American legal history.

With special guest:

Charles Moore, White & Case LLP

Related Links:

Preliminary injunction decision

Permanent injunction decision

Houston Public Media, I See U Podcast, Episode 9: Vietnamese Fishermen v. the KKK

Andrew Chin, University of North Carolina, The KKK and the Vietnamese Fishermen

Hosted by:

Alicia Downey, Downey Law LLC and Derek Jackson, Cohen & Gresser LLP

#253 Ready, Player One? Antitrust and Online Gaming Dec 25, 2023

Show notes

The online gaming industry has been the subject of legal challenges in the antitrust and consumer protection arenas. So Player One, are you ready to hear about the legal issues to consider in this rapidly advancing sector? Josh Grant, video gaming expert with more than two decades of experience in the industry, joins Alicia Downey and Anant Raut to discuss the evolution of video gaming and how that has contributed to current antitrust and consumer protection issues. Listen to this episode to learn more about the intersection of online gaming, antitrust, and consumer protection.

With special guest:

Josh Grant

What's Next for Microsoft and Activision's Antitrust Battle After EU and UK Decisions

Hosted by:

Alicia Downey, Downey Law LLC and Anant Raut

#252 Has A New Ecosystem Been Discovered? The European Commission Blocks Booking's Proposed Acquisition of eTraveli Dec 18, 2023

Show notes

The European Commission's recent decision to block Booking's proposed acquisition of eTraveli is unprecedented and even controversial to some. How should we understand the EC's concerns? Eliana Garces, Senior Advisor with Analysis Group, joins Matthew Hall and Jaclyn Phillips to discuss the EC's theories of harm. Listen to this episode for an economist's take on the EC's analysis and how we should think about it more generally.

With special guest:

Eliana Garces, Senior Advisor, Analysis Group

Hosted by:

Matthew Hall, McGuireWoods London LLP and Jaclyn Phillips, White & Case LLP

#251 How Is Gender Relevant to Competition Law? The OECD's Gender Inclusive Competition Toolkit Dec 11, 2023

Show notes

Gender differences are often overlooked when conducting competition law analysis. How should gender impact the work of competition regulators? Lynn Robertson, Competition Expert at the OECD's Competition Policy Division and co-author of the OECD's Gender Inclusive Competition Toolkit, joins Alicia Downey and Matthew Hall to discuss the Toolkit project. Listen to this episode to learn more about the background to the project, the key insights and findings set out in the Toolkit and the OECD's future work in this area.

With special guest:

Lynn Robertson, Competition Expert, Competition Policy Division, Directorate for Financial and Enterprise Affairs, OECD

Hosted by:

Alicia Downey, Principal, Downey Law LLC and Matthew Hall, Partner, McGuireWoods London LLP

#250 How Are We Celebrating Our 250th Episode? A Look Back at the Top Episodes of All Time Dec 04, 2023

Show notes

Our Curious Amalgam is celebrating its 250th episode by hosting a family reunion! In this episode, former and current regular hosts Alicia Downey, Anora Wang, Matthew Hall, Christina Ma, Anant Raut, and Sergei Zaslavsky highlight the some of the Top 5 most listened-to episodes, year by year, since OCA first launched in 2019. In addition to looking back at the most popular episodes, we talk about undiscovered gems in the archives and the most important legal trends and developments that have occurred since Episode #1. Listen to this episode for a special look back at the greatest hits of Our Curious Amalgam and discover how they are still relevant today.

With special guests:

Matthew Hall, McGuireWoods LLP, Christina Ma, Wachtell, Lipton, Rosen & Katz, Anant Raut, Trust & Trade and Sergei Zaslavsky, O'Melveny & Myers LLP

Related Links:

Trust and Trade

Hosted by:

Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP

#249 What Happens When Competition and Geopolitical Issues Intertwine? Surveying the Landscape of the Global Semiconductor Sector Nov 27, 2023

Show notes

Are you curious about issues related to competition and geopolitical concerns in the global semiconductor sector? In this episode, Barry Nigro and Alicia Downey talk to Arnold & Porter partner David Emanuelson, formerly in-house M&A counsel for Intel Corporation, about how the Chinese government's State Administration for Market Regulation (SAMR) approaches merger clearance. Listen to this episode to learn about the geopolitical pressures on the semiconductor industry and what antitrust counsel can do to improve the chances of getting a deal cleared in China.

With special guest:

David Emanuelson, Arnold & Porter

Hosted by:

Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP and Alicia Downey, Downey Law LLC

#248 Are You on Board With Section 8? A New Era of Enforcement Against Interlocking Directorates Nov 20, 2023

Show notes

For decades, Section 8 of the Clayton Act--which prohibits two competing corporations from sharing a common director--was rarely enforced by the U.S. antitrust agencies, and corporations were for the most part left to regulate themselves. In this episode, Alicia Downey and Sergei Zaslavsky talk to antitrust practitioner Diane Hazel about how the U.S. Department of Justice and the Federal Trade Commission have recently been focusing a lot more attention on identifying Section 8 violations based on an expansive view of the scope of the statute. Listen to this episode to learn about recent enforcement trends and what companies can do to avoid potentially unlawful interlocking directorates.

With special guest:

Diane Hazel, Foley & Lardner LLP

Diane Hazel, Richard L. Flannery & Benjamin R. Dryden, How To Assess Interlocking Directorates In Antitrust Ramp-Up, Law 360 (October 25, 2022)

ABA Antitrust Law Section, Interlocking Directorates Handbook (2011)

Hosted by:

Alicia Downey, Downey Law LLC and Sergei Zaslavsky, O'Melveny & Myers LLP