Our Curious Amalgam - American Bar Association

Latest Episodes:

#147 What Were the Best Episodes of 2021? Our Curious Amalgam's Hosts Choose Their Favorites Dec 27, 2021

Show notes

As we reach the end of 2021, Our Curious Amalgam invites listeners to celebrate the new year by reflecting back on our second year of weekly podcasts focused on antitrust, consumer protection, and competition law around the world. Which episodes stood out from the pack? In this special program, five of our regular hosts offer highlights from their favorite episodes of the past year. Hear Christina Ma, Alicia Downey, Matthew Hall, Kayla Odom, Anora Wang, and Melissa Maxman talk about what made these episodes worth listening to for the first or second time.

Related Links:

The Best Episodes of 2021 (in order of appearance)

#119 Is This Game Over? Competition Law Implications of the Super League

#104 Have We Figured It Out? Online Privacy and Security in the "New Normal" of Video Conferencing #128 When Will It Be the End of Global Anti-Suit Injunction Wars? Present & Prospective FRAND Litigation & Arbitration in China #134 What Does It All Mean? Wu, Khan, Kanter and Antitrust Reform #135 Is Equality a Value of Competition Law? A Conversation with Professor Eleanor Fox Hosted by:Christina Ma, Wachtell, Lipton, Rosen & Katz and Alicia Downey, Downey Law LLC

Additional Hosts: Matthew Hall, McGuireWoods London LLP Kayla Odom, Freitas & Weinberg LLP Anora Wang, Davis Wright Tremaine LLP Melissa Maxman, Cohen & Gresser LLP

#146 Is It Time To Behave? A Conversation With Dr. Angela Zhang on China's Approach to Data and Privacy Dec 20, 2021

Show notes

There is growing interest in regulating how data are used, including in China. But what exactly is China doing to regulate the use of data and how does it compare to other jurisdictions' efforts? Dr. Angela Zhang, Associate Professor at the University of Hong Kong and author of Chinese Antitrust Exceptionalism, joins Anora Wang and Christina Ma to discuss the recent changes to Chinese data regulation. Listen to this episode to learn more about how China is dealing with data privacy and what it means for companies and individuals.

Hosted by:

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

#145 What's the Harm? The Role of Uninjured Class Members in Class Certification. Dec 13, 2021

Show notes

Class certification has become increasingly complex, as courts try to define the class as precisely as possible. But what happens if the methodology that is supposed to define the class yields members who appear to have no injury? Katie Benson, a plaintiff's attorney with significant experience in class certification, joins John Roberti and Melissa Maxman to grapple with the question about what lines to draw around class members that appear to be uninjured. Listen to this episode to learn more about the complexity and subtlety of class certification.

Hosted by:

Melissa Maxman, Cohen & Gresser LLP and John Roberti, Allen & Overy LLP

#144 What Is It Like Inside? Reflections on a Career as an In-House Lawyer Dec 06, 2021

Show notes

Many lawyers, young and old, have considered a job as an in-house attorney. What is the allure? Steve Cernak, Partner at Bona Law and previously in-house counsel to General Motors, joins Christina Ma and John Roberti to discuss his career as an in-house attorney and what makes the in-house experience so different. Listen to this episode to learn more about what it's like on the inside.

Steven Cernak, Review of Ben Heineman's "The Inside Counsel Revolution"

Hosted by:

Christina Ma, Wachtell, Lipton, Rosen & Katz, and John Roberti, Allen & Overy

#143 Does U.S. Bank Merger Enforcement Need To Be Revitalized? A Conversation With David Neill Nov 29, 2021

Show notes

U.S. bank mergers are on the rise and so are claims that agencies "rubber stamp" merger applications and need stricter standards. But seen through the history of U.S. banking, does the existing merger review of bank mergers actually need reform? David Neill, Of Counsel at Wachtell, Lipton, Rosen & Katz and a leading bank merger practitioner, speaks with Anora Wang and Christina Ma on whether modernization is needed or not. Listen to this episode to learn about U.S. bank merger reviews.

Revising The Bank Merger Guidelines Part II, The Banking Law Journal (Feb. 2021)

Keep Politics Out of Bank Merger Antitrust Policy, Columbia Law School Blue Sky Blog (August 12, 2021)

Hosted by:

Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz

#142 Where is the BCP Headed? Consumer Protection in the Biden Administration. Nov 22, 2021

Show notes

The Federal Trade Commission Bureau of Consumer Protection (BCP) has utilized a variety of tools over the years to advance its goal of stopping unfair, deceptive, and fraudulent business practices. What approaches and policies are we seeing at the FTC under the Biden Administration when it comes to consumer protection? Former BCP Acting Director Daniel Kaufman joins John Roberti and Kayla Odom to discuss the FTC's approach to enforcement and policymaking in the consumer protection space in recent years. Listen in for an inside scoop on the processes of the BPC and what we might expect to see under the Biden Administration.

Hosted by:

John Roberti, Allen & Overy LLP and Kayla Odom, Freitas & Weinberg LLP

#141 A Power Grab Too Far? The European Commission Extends Its Merger Control Reach. Nov 15, 2021

Show notes

Illumina's acquisition of GRAIL is the first deal caught by the European Commission's reinterpretation of its jurisdictional reach under the EU merger control laws. Why is it so controversial and what are the broader implications? Salomé Cisnal de Ugarte, partner at law firm King & Spalding in Brussels, joins Christina Ma and Matthew Hall to discuss the Commission's jurisdictional grab under Article 22 of the EU Merger Regulation, which other deals might be affected and the practical implications for dealmakers. Listen to this episode to learn more about this new uncertainty in merger control in the EU and how to identify and mitigate the risk.

European Commission case page Illumina/GRAIL merger investigation

European Commission case page Illumina/GRAIL interim measures

Hosted by:

Christina Ma, partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, partner, McGuireWoods London LLP

#140 Do All the Bids Look the Same? Investigations by DOJ's Procurement Collusion Strike Force and the FBI Nov 08, 2021

Show notes

The DOJ, FBI, and other enforcement partners have announced DOJ's Procurement Collusion Strike Force to combat antitrust crimes in government procurement at a national level. How does the government detect and investigate these crimes and who are the prosecutors and FBI agents that work these cases? DOJ Strike Force Director Daniel Glad and Supervisory Special Agent Kelvin Ortiz join John Roberti and Wendy Huang Waszmer to discuss the government's effort on a national level to combat collusion, antitrust crimes and related fraudulent schemes. Listen to this episode to learn more about the DOJ's Strike Force and the crimes being investigated and prosecuted

Related Links:

FBI Tips

Procurement Collusion Strike Force Page

FBI's International Public Corruption Page

Dan Glad speech to the ABA's Section of Public Contract Law about the PCSF: The Procurement Collusion Strike Force: A Whole-of-Government Approach to Combating a Whole-of-Government Problem

A quick summary of the per se violations and red flags: Price Fixing, Bid Rigging, and Market Allocation Schemes: What They Are and What to Look For

The criminal enforcement program's public page: Criminal Enforcement

The Antitrust Division's Leniency Program: Leniency Program

The new compliance policy: Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations

Criminal Antitrust Anti-Retaliation Act ("CAARA"), 15 U.S.C. § 7a-3, full text: Criminal Antitrust Anti-Retaliation Act (CAARA) | Whistleblower Protection Program

Hosted by:

Wendy Huang Waszmer and John Roberti

#139 Why Choose One? Antitrust as an Enforcement Tool for Financial Services Nov 01, 2021

Show notes

Prosecutors investigating misconduct among financial institutions have in the past considered both antitrust and fraud theories in prosecuting claims. But is antitrust law the right tool (or is it a better tool)? Benjamin Sirota joins Jana Seidl and John Roberti to discuss lessons learned from the DOJ's LIBOR and FX prosecutions - the first in terms of close cooperation between fraud and antitrust prosecutors - and predictions for what we may see next. Listen to this episode to learn more about the history of applying antitrust to financial services and how antitrust may fit in future cases involving financial services companies.

https://www.justice.gov/opa/speech/file/1310506/download

https://www.justice.gov/opa/pr/justice-department-s-antitrust-division-and-securities-and-exchange-commission-sign-historic

https://www.justice.gov/opa/pr/justice-department-joins-computational-antitrust-project-stanford-law-school

Hosted by:

John Roberti, Partner, Allen & Overy LLP and Jana Seidl, Senior Associate, Baker Botts LLP

#138 Should Congress Enact Federal Data Privacy Legislation? The Case for a National Consumer Data Protection and Enforcement Regime Oct 25, 2021

Show notes

As millions of consumers around the world interact daily with online businesses and social media platforms, the call for Congress to enact enhanced data privacy and security laws at the federal level has grown louder. How far should federal legislation go in preempting the emerging patchwork of state data privacy laws? In this episode, hosts Alicia Downey and John Roberti talk with Maureen Ohlhausen, former Acting Chairman of the FTC, about whether comprehensive federal data privacy legislation is a better approach to regulating the collection, use, and sharing of consumers' personal data. Listen to this episode to learn more about the FTC's role in enforcing existing consumer data privacy laws and the key differences among the current proposals for broader federal legislation.

September 29, 2021, Senate Hearing on Protecting Consumer Privacy, on C-Span

Congress Should Enact a National, Comprehensive Consumer Privacy Framework, Testimony of Maureen K. Ohlhausen, Former Acting Chair of the Federal Trade Commission, before the Senate Committee on Commerce, Science, and Transportation (September 29, 2021)

Maureen K. Ohlhausen, Matthew R. Baker, & Jonathan J. Duzak-Forestier, A Once and Future Federal Privacy Law?, The Antitrust Source (April 2020)

Hosted by:

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