Our Curious Amalgam - American Bar Association

Latest Episodes:

#167 What's Going On With State Enforcement? An Update From the Front Lines May 09, 2022

Show notes

In recent years, efforts by state attorneys general to enforce the antitrust laws have been in the news far more than in the past, as state AGs have taken the lead in challenging no poach agreements and pursuing cutting edge theories in prosecutions of Big Tech companies. How and why are the states making competition an enforcement priority? In this episode, hosts Melissa Maxman and Alicia Downey talk with Milton Marquis, an antitrust practitioner with decades of experience representing clients in state investigations and enforcement proceedings. Listen to this episode to learn about the current enforcement scene and sectors of interest to state enforcers.

With special guest:

Milton A. Marquis, Partner, Cozen O'Connor

Hosted by:

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

#166 What Say You? International Enforcers Live at Spring Meeting 2022 (Part 2) May 02, 2022

Show notes

The Spring Meeting brings together thousands of antitrust practitioners and enforcers and this year was no exception. What did the attendees have to say? Alicia Downey and Anora Wang speak with Advocate John Simpson, Tribunal Member of South Africa's National Consumer Tribunal, Brenda Gisela Hernández Ramírez, Acting Chair of COFECE (Mexico), and Ricardo Riesco, Head of Fiscalía Nacional Económica (Chile), on their agencies' priorities for the year and advice for practitioners. Listen to this episode to hear from these international enforcers "live" from the Spring Meeting.

With special guests:

Advocate John Simpson, Tribunal Member, National Consumer Tribunal of South Africa, Brenda Gisela Hernández Ramírez, Acting Chair of COFECE (Mexico), and Ricardo Riesco, Head of Fiscalía Nacional Económica (Chile)

Comisión Federal de Competencia Económica/COFECE (Mexico)

Fiscalía Nacional Económica (Chile)

Hosted by:

Anora Wang, Arnold & Porter and Alicia Downey, Downey Law LLC

#165 What Say You? International Enforcers Live at Spring Meeting 2022 Apr 25, 2022

Show notes

The Spring Meeting brings together thousands of antitrust practitioners and enforcers and this year was no exception. What did the attendees have to say? Anant Raut and Anora Wang speak with Olivier Guersent, Director General of Competition at the European Commission and Martin Coleman, Panel Chair and Panel Inquiry Chair of the UK Competition and Markets Authority, on their priorities for the year and advice for practitioners. Listen to this episode to hear from these international enforcers "live" from the Spring Meeting.

With special guests:

Olivier Guersent, Director General, European Commission Competition and Martin Coleman, Panel Chair and Panel Inquiry Chair, Competition and Markets Authority

Hosted by:

Anant Raut and Anora Wang

#164 What's Bias Got To Do With It? A Discussion With Jury Experts on How To Plan for, Identify, and Address Jury Bias. Apr 18, 2022

Show notes

Jury bias is an important issue that should be understood and considered by all trial teams, including for antitrust cases. How and when should antitrust attorneys begin to address issues of bias? Jury experts Christina Ouska and Johanna Hillard of JuryScope join John Roberti and Jaclyn Phillips to explain to us what we mean when we talk about jury bias, when trial teams should start thinking about jury bias, and what attorneys can do about it. Listen to this important episode to start to understand this big topic and learn strategies to deal with bias from the early stages of your case.

With special guests:

Johanna Hillard, President, JuryScope and Christina Ouska, Senior Trial Consultant, JuryScope

Hosted by:

Jaclyn Phillips, White & Case and John Roberti, Cohen & Gresser LLP

#163 Can We Talk About Breyer? Looking Back at Justice Breyer's Approach to Antitrust Apr 11, 2022

Show notes

Justice Breyer will retire at the end of this SCOTUS term after nearly 28 years on the bench. How did Justice Breyer approach antitrust? Eric Citron, Partner at Goldstein & Russell and former clerk for Justices O'Connor and Kagan, joins Christina Ma and Jaclyn Phillips to talk about Justice Breyer's antitrust jurisprudence and what we might expect when a new Justice joins the Court.

With special guest:

Eric Citron, Partner, Goldstein & Russell

Hosted by:

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

#162 How Has It Been Working? A Reflection on Europe's General Data Protection Regulation Four Years In Apr 04, 2022

Show notes

Europe's General Data Protection Regulation (GDPR) was created to protect the personal data of individuals and to simplify the regulatory environment for data protection in Europe. As a regulatory scheme that has served as a model for other jurisdictions developing their own data protection and data privacy laws, is the GDPR living up to its intended purposes? Adam Penman of McGuireWoods London joins Kayla Odom and Matthew Hall to reflect on the GDPR's impact on organizations and to discuss the trends relating to the rights afforded to individuals by the GDPR. Listen in for a look at the key developments in the data protection and data privacy landscape upon the GDPR's fourth anniversary.

#89 What's the Deal with Data Portability? Understanding the Competition and Privacy Aspects Surrounding the Movement of Data.

Hosted by:

Kayla Odom, Freitas & Weinberg LLP and and Matthew Hall, McGuireWoods

#161 Is This a New Era of Federal Trade Regulation by Rule? The Past, Present, and Future of FTC Rulemaking Mar 28, 2022

Show notes

For decades the FTC relied on its adjudicatory authority, applying its expertise on a case-by-case basis in administrative litigation, but now, FTC leadership seems to be shifting away from litigation to "legislative-style" rulemaking. What does that mean in practical terms? In this episode, co-hosts Jana Seidl and Alicia Downey speak with Adam White, a senior fellow at the American Enterprise Institute, and co-director of George Mason University's Gray Center for the Study of the Administrative State, about what FTC rulemaking looks like and what we can expect. Listen to this episode to learn more about how FTC rulemaking started, how it evolved, recent changes to the process, and where the FTC may be headed with rulemaking.

Executive Order on Promoting Competition in the American Economy (July 9, 2021)

FTC - A Brief Overview of the Federal Trade Commission's Investigative, Law Enforcement, and Rulemaking Authority (May 2021)

Hosted by:

Jana Seidl, Baker Botts LLP and Alicia Downey, Downey Law LLC

#160 What in the World Is Happening With Antitrust Enforcement? Antitrust Cartel Enforcement's Return to Global Scale in 2022 Mar 21, 2022

Show notes

Global cartel enforcement saw a resurgence in 2021, but throughout the globe, we saw a continued focus on domestic matters. Do last year's developments tell us anything about the areas that are likely to come into focus in 2022? John Terzaken, Partner and Global Co-Chair of Simpson Thacher's Antitrust and Trade Regulation Practice, joins Matthew Hall and Jaclyn Phillips to discuss the rise in cartel enforcement activity and what trends to look out for in 2022. Listen to this episode to learn more about enforcement priorities that may be on the rise and whether we can expect to see the growing globalization of enforcement in 2022.

Hosted by:

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

#159 What's Next for EU Competition Policy? The European Commission's Competition Policy Review Mar 14, 2022

Show notes

There is a lot going on in the European competition law world and the European Commission recently published a review bringing the strands together. What does the review tell us about likely changes and the direction of policy? Claire Jeffs, competition law partner at Slaughter and May, joins Matthew Hall and Jaclyn Phillips to discuss the various issues covered by the Competition Policy Review and what it means. Listen to this episode to learn more about the direction of EU competition law and policy including how it will work alongside the EU's key policy goals of the green and digital transitions.

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

#158 What's So Special About Hospitals? An Examination and Look Into Hospital Merger Review and Analysis Mar 07, 2022

Show notes

It's unusual for a year to go by without the FTC challenging at least one contemplated or consummated hospital merger. What makes this area so ripe for antitrust scrutiny? Monica Noether, an economic expert in this area, joins Christina Ma and Elyse Dorsey to discuss this critical area of agency enforcement. Listen to this episode to hear more about how the agencies consider the costs—and potential benefits—of hospital mergers, and how changes driven by the COVID-19 pandemic, technological developments, and more are impacting this analysis.

Hospital Merger Benefits: Views from Hospital Leaders and Econometric Analysis - American Hospital Association

Hosted by: Elyse Dorsey and Christina Ma

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