Our Curious Amalgam - American Bar Association

Latest Episodes:

#157 Do We Need a Check? Big Tech and the American Innovation and Choice Online Act Feb 28, 2022

Show notes

Big Tech is in the news as numerous federal and state lawsuits against "the big four" (aka GAFA), Microsoft and TikTok, are pending. But is more regulation needed? Luther Lowe of Yelp speaks with Melissa Maxman and Christina Ma to discuss the benefits of The American Innovation and Choice Online Act, S. 2992. Listen to this episode of Our Curious Amalgam to learn more about this bill and why proponents claim that comprehensive antitrust legislation is needed to restore competition and ensure small business owners have an opportunity to succeed.

Hosted by: Melissa Maxman, Partner, Cohen & Gresser LLP, and Christina Ma, Wachtell, Lipton, Rosen & Katz

#156 Can They Help Themselves? Self-Preferencing at Large Platforms. Feb 28, 2022

Show notes

There has been a lot of discussion recently about whether large platforms can favor themselves over potential competitors. Some of these discussions surround high-profile pending legislation seeking to rein in the self-preferencing tactics and policies of some of the biggest technology platforms in the world. But is it a good idea to eliminate self-preferencing by large platforms? Adam Kovacevich, founder and CEO of the Chamber of Progress, joins John Roberti and Sarah Zhang to discuss whether it is necessary to address self-preferencing behavior by big tech platforms. Listen to this episode to learn more from an expert who has thought extensively about these issues.

Related Links:

Chamber of Progress

Hosted by:

John Roberti and Sarah Zhang

#155 Will It Make Any Difference? Government Cases Against Google and Remedies Here and Abroad Feb 21, 2022

Show notes

Competition enforcement authorities all over the world are bringing cases and enforcing new rules against Google, and as different jurisdictions impose widely different penalties and restrictions, it's debatable whether those remedies have had the desired effects. So what are the best ways to address the perceived abuses of Google's dominance? Co-hosts Melissa Maxman and Alicia Downey get the answers from Megan Gray, the former General Counsel of one of Google's leading competitors, DuckDuckGo. Listen to this episode to learn more about the challenges that governments face in trying to address the competition and privacy issues raised by Google's dominance among search engines.

Hosted by:

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

#154 Should I Have Been Paid? Facebook Faces Class Claim From UK Users Feb 14, 2022

Show notes

Facebook is the leading social network in the UK, as elsewhere. But has it unfairly treated its UK users? Dr. Liza Lovdahl Gormsen, competition law academic and practitioner, joins Matthew Hall and John Roberti to discuss her class action claim in the UK which seeks multi-billion pound damages from Facebook/Meta. Listen to this episode to learn more about the history and basis of the claim, what is alleged, how it is funded, and what it is like to be a class representative.

Hosted by:

Matthew Hall, partner, McGuireWoods London LLP, London and John Roberti, partner, Allen & Overy, Washington DC

#153 Is Consumer Welfare the Right Policy for Antitrust Enforcement? Unpacking the Debate Feb 07, 2022

Show notes

Antitrust enforcers, academics, and politicians are embroiled in a debate over whether the consumer welfare standard is the right policy for antitrust enforcement in the U.S. What are they fighting about and why does it matter? In this episode, we talk to Fiona Schaeffer and Ilana Kattan, two prominent antitrust practitioners and leaders in the ABA Antitrust Law Section, about what the consumer welfare standard is, and why it is the subject of intense debate in the US and globally. Listen to this episode to learn how the outcome of that debate will have significant ramifications for business conduct, mergers, and the U.S. economy as a whole.

Related Links:

Watch the Antitrust Law Section's "hot tub" debate about the consumer welfare standard! Livestream at 12 noon Eastern Standard Time on February 10, 2022, and on demand at the Section's YouTube channel.

Hosted by:

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

#152 Should Antitrust Be Used as an Anti-Inflation Tool? Live Recording of Debate at George Mason Law School Jan 31, 2022

Show notes

The U.S. economy has seen a consumer price index increase of 7% in 2021, the largest 12-month gain since June 1982. But should antitrust be used as a tool to combat inflation? Josh Wright and Hal Singer, holding opposite views, debate, explain and answer questions from a live audience ranging from costs and benefits to theories and facts. Listen to this episode recorded live in George Mason law school, co-hosted by Anora Wang and Jana Seidl, and learn what key considerations go into this timely discussion.

Steven Salop & Fiona Scott Morton, The 2010 HMGs Ten Years Later: Where Do We Go From Here? (2020)

Hosted by:

Anora Wang, Arnold & Porter and Jana Seidl, Baker Botts

#151 Are You Ready for Some Football? Antitrust and the NFL. Jan 24, 2022

Show notes

There has been a ton of antitrust litigation involving the NFL over the past 70 years. What have these cases been about, and what can they teach us about the doctrine and practice of antitrust more broadly? Stephen Ross, a Penn State law professor and an expert on sports antitrust law, joins Sergei Zaslavsky and Christina Ma to discuss the history of NFL (and other sport) antitrust litigation and the key lessons for antitrust practitioners. Listen to this episode to learn about the key antitrust concepts that sports litigation helped develop and sharpen, from intra-enterprise agreement doctrine to the application of the rule of reason.

Stephen Ross bio and publications

Stephen Ross, The Single-Entity Doctrine of Antitrust as Applied to Sports Leagues

Hosted by:

Christina Ma, Wachtell, Lipton, Rosen & Katz and Sergei Zaslavsky, O'Melveny & Myers

#150 Is This the End of Mandatory Arbitration? Turning the Tables With Mass Arbitration Jan 17, 2022

Show notes

Knowing that few people have the time or resources to initiate arbitration over relatively small damages, many large companies rely on mandatory arbitration provisions and class action waivers in their employment and consumer agreements. But what happens when plaintiffs' attorneys file individual arbitration cases on behalf of thousands of claimants at the same time? In this episode, co-hosts Alicia Downey and John Roberti speak with Dave Rochelson, author of "Is This the End of Mandatory Arbitration?" about the new wave of so-called "mass arbitrations," in which the respondent may be required to pay aggregated filing and case administration fees totaling hundreds of thousands, or even millions of dollars. Listen to this episode to discover how mass arbitration is leveling the playing field and calling into question the cost-benefit proposition of class waivers and mandatory arbitration.

Hosted by:

Alicia Downey, Downey Law LLC and John Roberti, Allen & Overy LLP

#149 Who Killed Chicken Farming in America? Concentration and Price-Fixing in the Poultry Industry Jan 10, 2022

Show notes

Small chicken farmers are being pitted against each other by giant processing companies. Does the chicken industry have a concentration problem? Craig Watts, a contract poultry farmer for 22 years, joins Food & Power writer Claire Kelloway and the former head of the USDOJ Antitrust Division's criminal section, Brent Snyder, to discuss consolidation and price-fixing in the industry. Listen to this episode to learn more about the life of a chicken farmer, the state of concentration in the meat industry, and whether the Biden Administration's plans to fix it will help.

Hosted by:

Anant Raut and Christina Ma

#148 What's Behind the Scenes? Changes to Merger Control in China Jan 03, 2022

Show notes

Merger control in China will likely be reshaped when the relevant law is amended affecting both the agency and enforcement goals. But what are the most notable changes? Janet Hui, partner at JunHe's Hong Kong office and leading practitioner based in Beijing, speaks with Anora Wang and Christina Ma on the amendment to China's Anti-Monopoly Law, restructure of relevant agency and personnel, and new enforcement focused on tech. Listen to this episode to learn what happens behind the scenes of China's merger control.

Hosted by:

Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz