Our Curious Amalgam - American Bar Association

Latest Episodes:

#136 The Next Big Thing? Understanding the Intersection of Blockchain and Antitrust. Oct 11, 2021

Show notes

From crypto enthusiasts to supply chain gurus, it seems everyone is talking about blockchain these days. What makes this technology so potentially impactful, and what does it have to do with antitrust? Thibault Schrepel, author of Blockchain + Antitrust: The Decentralization Formula, joins Sergei Zaslavsky and John Roberti to demystify blockchain, explain the significance of this technology, and discuss why antitrust regulators and practitioners need to take note. Listen to this episode for a clear elucidation of what blockchain is (and even where the name comes from), and how it will impact antitrust enforcement.

Hosted by:

John Roberti, Allen & Overy and Sergei Zaslavsky, O'Melveny & Myers

#135 Is Equality a Value of Competition Law? A Conversation with Professor Eleanor Fox Oct 04, 2021

Show notes

Extreme inequality of wealth and income has been identified as a societal failure and a threat to democracy all over the world. Is competition law the cause or the cure for that inequality? In this episode, we talk with Professor Eleanor Fox of New York University School of Law about her research into the deep connections between wealth and income inequality and competition law in the U.S. and other jurisdictions. Listen to this episode to learn about these connections and the case for including an "equality value" in antitrust analysis.

W.L. Esquire (1977), a novel by Eleanor M. Fox

Hosted by:

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

#134 What Does It All Mean? Wu, Khan, Kanter and Antitrust Reform. Sep 27, 2021

Show notes

The Biden Administration has made its picks for antitrust leadership, and they are all members of an intellectual movement to increase antitrust enforcement in big tech and beyond. What broader impacts will these appointments have and what are some of the challenges they will face? Bill Kovacic, Director of the Competition Law Center at George Washington University and the Former Chair of the FTC, joins Christina Ma and Melissa Maxman to discuss how the near decade-long debate about antitrust reform may play out in the new administration. Listen to this episode to learn more about what to expect for antitrust reform and enforcement going forward.

Related Links:

Epic Games, Inc. vs Apple, Inc.

Hosted by:

Christina Ma, Wachtell, Lipton, Rosen & Katz and Melissa Maxman, Cohen & Gresser

#133 Was It Populism? Understanding Merger Review During the Trump Administration. Sep 20, 2021

Show notes

The Trump Administration's antitrust enforcers were active in challenging mergers on competition grounds. But what were the key drivers in choosing which matters to challenge? Katie Drummonds and Peter McCormack, authors of a recent article in Antitrust Magazine on the Trump Administration's merger enforcement record, join John Roberti to discuss their retrospective and insights on whether politics, populism or other factors may have played a role in merger enforcement. Listen to this episode to learn more about the evolution of merger enforcement policy in the Trump Administration and beyond.

FTC and DOJ, Annual Hart Scott Rodino Report 2019

2010 Horizontal Merger Guidelines

2017 Merger Remedies Report

2020 Comments on Merger Guidelines

Hosted by:

John Roberti, Allen & Overy LLP

#132 What Is The Right To Repair? Conversation With Gay Gordon-Byrne Sep 13, 2021

Show notes

"Right to repair" has been highlighted by the new administration and federal enforcers as a competition and consumer protection issue in the American economy. But what exactly does this term mean for consumers? Gay Gordon-Byrne, Executive Director of the Repair Association, a grassroot organization advocating for repair-friendly policies, speaks to Anora Wang and Christina Ma about her involvement, objectives, and predictions. Listen to this episode to learn about the still evolving "right to repair" issue.

Hosted by:

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

#131 What Did We Learn? Ida Tarbell and the Role of Theory vs. Fact in Shaping Antitrust Law Sep 06, 2021

Show notes

Influential writers, from Ida Tarbell to John McGee to Lina Khan, have inspired sweeping changes to antitrust laws, but not all influential writing should be relied upon as the basis for change. What happens when we rely on the wrong argument? Antitrust scholar Christopher Leslie goes back 100 years in antitrust law history with Tammy Zhu and John Roberti to dissect the work of influential writers who have shaped the course of antitrust law. Listen to this episode to learn about the fascinating collision courses between facts and theory in antitrust law history.

Hosted by:

John Roberti, Allen & Overy LLP and Tammy Zhu, Sourcegraph

#130 Ball is Life? The Alston Decision and What It Means for Sports Antitrust Law Aug 30, 2021

Show notes

The world of college athletics has been embroiled in competition and antitrust disputes for at least the last decade. What's the latest antitrust development? Sathya Gosselin, partner in the Washington, DC office of Hausfeld LLP, joins Christina Ma and Jessica Watters to discuss the recent Supreme Court decision in NCAA v. Alston. Listen to this episode if you want to learn more about the history of competition issues in college athletics and what may be coming down the line.

Hosted by:

Christina Ma and Jessica Watters

#129 What's the Plan? A Conversation with Antitrust Law Section Chair Jonathan Gleklen and Counsel to the Chair Yasmine Harik Aug 23, 2021

Show notes

Every August the Antitrust Law Section elevates the designated Chair-Elect to the position of Chair. This year, the gavel passes to Jonathan Gleklen, who has been involved in the leadership of the Section for the past twenty years. In this episode, co-hosts Alicia Downey and John Roberti talk about the Section's goals and priorities for the coming year with Jon and Yasmine Harik, who will support Jon in the important role of Counsel to the Chair. Listen to this episode and get to know Jon and Yasmine as they step into their new leadership roles.

Related Links:

Antitrust Law Section

Hosted by:

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

#128 When Will It Be the End of Global Anti-Suit Injunction Wars? Present & Prospective FRAND Litigation & Arbitration in China Aug 16, 2021

Show notes

As Chinese courts and authorities take on active roles in resolving FRAND disputes, China has become a key jurisdiction for the consideration of FRAND issues globally. But how does the system work? Jing He, founding partner of GenLaw and a leading practitioner with decades of experience in intellectual property, antitrust, and complex litigation, speaks with Anora Wang and Christina Ma about FRAND litigation and arbitration in China. Listen to this episode to explore the frontier of global FRAND wars.

2. Jing He, Annie Xue, Melissa Feng, Could (China-Based) Arbitration Save the FRAND Rate Setting Game?, CPI (March 2021)

Hosted by:

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

#127 Does the FRAND Framework Need a Fix?: Conversation With Prof. Jorge Contreras About Antitrust and IP Aug 09, 2021

Show notes

Complex issues are at the intersection of antitrust and intellectual property laws, and licensing of standard essential patents (SEPs) under fair, reasonable, and non-discriminatory (FRAND) terms is a perfect example. Does the widely accepted FRAND framework work well or is it time to think about improvements? Prof. Jorge Contreras, law professor and recognized expert on antitrust and IP, speaks with Anora Wang and Christina Ma on the innovator-implementer dichotomy, remedies, and races to courthouses worldwide. Listen to this episode to learn about the most critical issues about FRAND.

Related Links:

1. Contreras, Jorge L., Rationalizing U.S. Standardization Policy: A Proposal for Institutional Reform (April 19, 2021). Antitrust 35(2): 41-47 (Spring 2021), Available at SSRN

2. Contreras, Jorge L., Global Rate Setting: A Solution for Standard-Essential Patents? (September 23, 2018). 94 Washington Law Review 701 (2019), University of Utah College of Law Research Paper No. 284, Available at SSRN

Hosted by:

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