Our Curious Amalgam - American Bar Association

Latest Episodes:

#207 How Does a Bill Become an Antitrust Law? Analyzing the Implications of the Three Antitrust Laws Passed in 2022 Feb 06, 2023

Show notes

The 2023 Appropriations Act included three antitrust laws dealing with merger fees, merger subsidy disclosure, and venue. What are the implications of these laws? Laura Alexander joins hosts Christina Ma and Jaclyn Phillips to discuss what these laws do, how we got them, and whether we may see substantive antitrust reform in the future. Listen to this episode to learn more about how we finally saw antitrust bills become laws.

With special guest:

Laura Alexander, Washington Center for Equitable Growth

Related Links:

Consolidated Appropriations Act, 2023

The Merger Filing Fee Modernization Act is a down payment on the future of antitrust enforcement

Restoring competition in the United States

The state of U.S. federal antitrust enforcement

Hosted by:

Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Jaclyn Phillips, Associate, White & Case LLP

#206 Who's Going to the 2023 Spring Meeting? A Sneak Preview With the Co-Chairs Jan 30, 2023

Show notes

The ABA Antitrust Law Section's Spring Meeting is the largest annual gathering of competition, consumer protection, and data privacy professionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world. Curious about what's anticipated for this year's meeting? Spring Meeting Co-Chairs Doug Tween and Sheila Adams join hosts Alicia Downey and Kayla Odom to talk about what to expect and tips for making the most of this memorable event. Whether you will be a first time or veteran attendee, listen in for the inside scoop on what's in store at this year's exciting Spring Meeting, March 29-31, 2023, in Washington, DC.

With special guests:

Doug Tween, Linklaters LLP and Sheila Adams, Davis Polk & Wardwell LLP

Spring Meeting Agenda 2023

ABA Antitrust Law Section Website

Hosted by:

Alicia Downey, Downey Law LLC and Kayla Odom, Renesas Electronics America Inc.

#205 Is the Game Over? New Challenges to the Antitrust Exemption for Major League Baseball. Jan 23, 2023

Show notes

Major League Baseball ("MLB") is big business, with revenues that exceeded $10 billion in 2019. How and why is MLB immune from liability under the U.S. federal antitrust laws? Co-hosts Alicia Downey and Melissa Maxman invited guests Julian Perlman and Sathya Gosselin to debate the pros and cons of the Baseball Exemption from a policy and practical perspective. Listen to this episode to learn about recent efforts under way in Congress and the courts to eliminate MLB's special exemption.

With special guests:

Julian Perlman, BakerHostetler and Sathya Gosselin, Hausfeld LLP

Toolson v. New York Yankees, Inc., 346 U.S. 356 (1953)

Flood v. Kuhn, 407 U.S. 258 (1972)

Hosted by:

Alicia Downey, Downey Law LLC and Melissa Maxman, Cohen & Gresser LLP

#204 What Does Monopoly Really Mean? A Conversation With Barry Hawk, Author of "Monopoly in America" Jan 16, 2023

Show notes

The debate about the role of government in regulating monopolies is getting more heated by the day. How do historical concepts of "monopoly" fit into the discussion? Veteran antitrust scholar, practitioner, and author Barry Hawk joins Alicia Downey and Matt Reynolds to discuss his latest foray into legal history in his new book, "Monopoly in America." Listen to this episode to learn about how popular conceptions of monopoly and "monopolizers" evolved long before the passage of modern U.S. antitrust laws.

With special guest:

Barry E. Hawk

Hosted by:

Alicia Downey, Downey Law LLC and Matthew Reynolds, Huth Reynolds LLP

#203 What Is the Value of Personal Information? Quantifying the Harm Caused by Data Privacy Breaches Jan 09, 2023

Show notes

Plaintiffs in consumer data privacy class action lawsuits may demand money damages for the loss of the value of their personal information. But how much money is that personal information really worth? And what was lost? In this episode, hosts Alicia Downey and Aaron Yeater talk to economist Mike Kheyfets of Edgeworth Economics about these and other questions to which there are no simple answers, whether from an economic or legal perspective. Listen to this episode to learn about approaches to valuing personal information in data privacy lawsuits.

With special guest:

Michael Kheyfets, Edgeworth Economics

Hosted by:

Alicia Downey, Downey Law LLC and Aaron Yeater, Analysis Group

#202 What Happened in 2022? What Will Happen in 2023? Looking Back and Looking Forward With the Sector Committees – Part 2 Jan 02, 2023

Show notes

As 2022 comes to an end, the Antitrust Law Section's sector committees tell us which notable antitrust cases and investigations affected key industries and what they predict will make headlines in 2023. In this two-part special episode, hosts Alicia Downey, Sergei Zaslavsky, and Jaclyn Phillips speak with leaders of the committees responsible for providing Section members with programs and publications about the latest industry-specific antitrust developments. Listen to Part 1 to hear from the Health Care & Pharmaceuticals Committee, the Agriculture & Food Committee, and the Distribution and Franchising Committee. Listen to Part 2 to hear from the Transportation & Energy Committee, the Insurance & Financial Services Committee, and the Media & Technology Committee.

With special guests:

Chris Wilson, Gibson, Dunn & Crutcher LLP
Francesca Pisano, Arnold & Porter Kaye Scholer LLP
Deborah F. Salzberger, McCarthy Tetrault LLP
Andrew Ewalt, Freshfields Bruckhaus Deringer LLP
Melanie Hallas Kirsch, AT&T
Suzanne Munck af Rosenschold, Davis Polk & Wardwell LLP

Related Links:

Transportation & Energy Committee

Insurance & Financial Services Committee

Media & Technology Committee

Hosted by:

Alicia L. Downey, Downey Law LLC
Sergei Zaslavsky, O'Melveny & Myers LLP
Jaclyn Phillips, White & Case LLP

#201 What Happened in 2022? What Will Happen in 2023? Looking Back and Looking Forward With the Sector Committees – Part 1 Dec 26, 2022

Show notes

As 2022 comes to an end, the Antitrust Law Section's sector committees tell us which notable antitrust cases and investigations affected key industries and what they predict will make headlines in 2023. In this two-part special episode, hosts Alicia Downey, Sergei Zaslavsky, and Jaclyn Phillips speak with leaders of the committees responsible for providing Section members with programs and publications about the latest industry-specific antitrust developments. Listen to Part 1 to hear from the Health Care & Pharmaceuticals Committee, the Agriculture & Food Committee, and the Distribution & Franchising Committee. Listen to Part 2 to hear from the Transportation & Energy Committee, the Insurance & Financial Services Committee, and the Media & Technology Committee.

With special guests:

Lauren M. Rackow, Cahill Gordon & Reindel LLP
Brian Rafkin, Akin Gump Strauss Hauer & Feld LLP
Adam Goodman, Dentons
Jee-Yeon Lehmann, Analysis Group

Related Links:

Health Care & Pharmaceuticals Committee

Agriculture & Food Committee

Distribution & Franchising Committee

Hosted by:

Alicia L. Downey, Downey Law LLC; Sergei Zaslavsky, O'Melveny & Myers LLP; and Jaclyn Phillips, White & Case LLP

#200 A Power Grab Too Far? (Part 2) The European Commission Investigation in Illumina/Grail Dec 19, 2022

Show notes

Merger control analysis and clearance worldwide is becoming ever more difficult, complex and uncertain, with Illumina/Grail perhaps the standout recent example. Following the previous episode on this case (#141: A Power Grab Too Far? The European Commission Extends Its Merger Control Reach), what developments have there been and what can we learn from them? Philippe Chappatte, partner at Slaughter and May, who has been acting for Illumina, joins Matthew Hall and Jeny Maier to discuss the merger control investigations into Illumina's acquisition of Grail in the EU and US. Listen to this episode to learn more about the substantive and procedural issues raised by the case and practical points it raises.

With special guest:

Philippe Chappatte, partner, Slaughter and May

Philippe Chappatte and Poppy Smith, The 27-Stop Shop?: The EU Commission's unprecedented power grab in merger control

Philippe Chappatte and Josephine Rabinowitz, Illumina/Grail: All Eyes on the General Court

European Commission press release 6 September 2022 "Mergers: Commission prohibits acquisition of GRAIL by Illumina"

European Commission Illumina/Grail merger investigation case page

European Commission Article 22 guidance 26 March 2021

EU General Court judgment 13 July 2022 Illumina v European Commission (appeal on Article 22 EU Merger Regulation referral)

Illumina appeal of EU General Court judgment 13 July 2022

Hosted by:

Matthew Hall, partner, McGuireWoods London LLP and Jeny Maier, partner, Axinn, Veltrop & Harkrider LLP

#199 What's New in US Vertical Merger Enforcement? A Look at the UnitedHealth-Change Merger Decision and Beyond Dec 12, 2022

Show notes

Vertical mergers present unique doctrinal and economic issues and are rarely challenged in court, so when two vertical merger opinions are issued in a short period of time, it is a great opportunity to check in on this area of antitrust law. What are the facts and legal arguments that led to defense victories in the recently litigated UnitedHealth Group – Change Healthcare and Illumina – Grail mergers (currently under appeal)? Sara Razi, Partner at Simpson Thacher and counsel for Change, joins Sergei Zaslavsky and Jaclyn Phillips to discuss these important cases. Listen to this episode to learn more about these two cases and the important lessons they hold for merger litigation practitioners.

With special guest:

Sara Razi, Partner, Simpson Thacher & Bartlett LLP

Illumina - Grail administrative law judge opinion

Hosted by:

Sergei Zaslavsky, Partner, O'Melveny & Myers LLP and Jaclyn Phillips, Associate, White & Case LLP

#198 What Is(n't) Unfair Competition? An Analysis of the FTC's 2022 Section 5 Policy Statement Dec 05, 2022

Show notes

In November 2022, the FTC issued a policy statement concerning the scope and meaning of unfair methods of competition under Section 5 of the FTC Act. So what has changed under Section 5 and where are we headed? Angela Landry, counsel at Freshfields, joins Christina Ma and Jaclyn Phillips to discuss Section 5, how the FTC's approach has changed with its 2022 statement, and what we might see as it gets put into practice.

With special guest:

Angela Diveley Landry, Counsel, Freshfields Bruckhaus Deringer US LLP

https://www.ftc.gov/system/files/ftc_gov/pdf/P221202Section5PolicyStatement.pdf

https://www.ftc.gov/system/files/ftc_gov/pdf/P221202Section5PolicyWilsonDissentStmt.pdf

Hosted by:

Christina Ma, Partner, Wachtell, Lipton, Rosen, & Katz and Jaclyn Phillips, Associate, White & Case LLP