Our Curious Amalgam - American Bar Association

Latest Episodes:

#227 Axin' the FTC's Administrative Authority? The Implications of Axon Enterprise, Inc. v. FTC Jun 26, 2023

Show notes

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

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

#226 An Agency in Peril? The Implications of Axon, Louisiana Children's Medical Center, and Other Challenges to the FTC's Power Jun 19, 2023

Show notes

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

#225 A New Syllabus For Antitrust Class? Meet the Authors of the New Open Source U.S. Antitrust Law Casebook Jun 12, 2023

Show notes

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

Hosted by:

Alicia Downey, Downey Law LLC and Sarah Zhang, Baker Botts L.L.P.

#224 What's Happening in Austria, Switzerland, and Lithuania? Conversations With Competition Law Enforcers at the 2023 Spring Meeting. Jun 05, 2023

Show notes

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)

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

#223 Are Chatbots Protected? Analyzing Whether Section 230 Should Apply to Generative AI. May 29, 2023

Show notes

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

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

#222 Too Political or Not Political Enough? A Debate on the Relationship Between Antitrust Enforcement and Democracy. May 22, 2023

Show notes

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

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

#221 What's Happening in Germany and Spain? Conversations With Competition Law Enforcers at the 2023 Spring Meeting May 15, 2023

Show notes

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

#220 Who Is Willard Mwemba? A Conversation With the Chief Executive Officer of the COMESA Competition Commission. May 08, 2023

Show notes

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

#219 What's Happening in Greenland, Armenia, and Latvia? Conversations With Competition Law Enforcers at the 2023 Spring Meeting May 01, 2023

Show notes

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

Hosted by:

Matt Michaloski, Kayla Odom, and Alicia Downey

#218 LIV and Let Live? The Antitrust Fight Between the PGA and LIV Golf. Apr 24, 2023

Show notes

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

Hosted by:

Anant Raut and Anora Wang