Our Curious Amalgam - American Bar Association

Latest Episodes:

#126 How and When FRAND Can Be an Antitrust Issue: Conversation With Lisa Kimmel on the Fundamentals Aug 02, 2021

Show notes

FRAND issues can be complex and often require an understanding of several laws including antitrust and intellectual property. What would be the most important things to know on a fundamental level? Lisa Kimmel, a leading practitioner and expert on competition and IP, speaks with Anora Wang and Christina Ma on the nuts and bolts of the principles and applications of FRAND in industries, consideration under antitrust laws, and relevant development in the U.S. Listen to this episode to get a primer on FRAND.

Hosted by:

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

#125 Is This a Tragedy of the Commons? Antitrust Law and Open-Source Licensing Jul 26, 2021

Show notes

Many software development companies are distributing software under open-source licenses, which allows broad access. But when faced with opportunistic behavior from cloud providers, can these open-source companies continue to thrive? Open-source licensing expert Heather Meeker joins Tammy Zhu and John Roberti to talk about the recent competitive tension between cloud providers and open-source software providers. Listen to this episode to learn more about how exploitative behavior is impacting open license agreements and the potential ways forward for developers.

Related Links:

The Elastic 2.0 white paper

How to get a free copy of Heather's book, Open Source for Business

A series of videos on open source licensing

October 2020 report on Investigation of Competition in Digital Markets

Hosted by:

Tammy Zhu, Head of Legal, Sourcegraph and John Roberti, Partner, Allen & Overy LLP

#124 What's My Message? Government Relations and Antitrust in the EU. Jul 19, 2021

Show notes

A difficult merger control or antitrust case requires good external communications alongside the legal and economic work. But how is this done? Claire Harris, an experienced government relations and strategic communications adviser who has worked in Brussels and London, joins Christina Ma and Matthew Hall to discuss this important aspect of case management. Listen to this episode to learn more about preparing and presenting the public message around an investigation by the European Commission and other regulators.

Related Links:

EU Transparency Register

"Swamp in the heart of Europe": The Economist 15 May 2021

Hosted by:

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

#123 Dovetail or Discord? The Evolving Relationship between Antitrust and Data Privacy Law Jul 12, 2021

Show notes

Regulators and academics in the United States and beyond are increasingly focused on the interaction between data privacy and antitrust, both in mergers and challenges to the unilateral conduct of dominant digital firms. Professor Erika Douglas is a leading voice in the vanguard of thinkers considering the ways in which data privacy and antitrust laws interact with each other currently and how they should interact in the future. Join co-hosts Alicia Downey and Christina Ma for an in-depth exploration with Professor Douglas about the tensions and touchpoints between competition and data privacy. Listen to this episode to understand cutting edge issues of concern to global digital businesses and the consumers who engage with them.

Hosted by:

Alicia Downey, Downey Law LLC and Christina Ma, Wachtell, Lipton, Rosen & Katz

#122 What Happens in Their Smoke-Filled Room? Cooperation and Collaboration Among Antitrust Regulators. Jul 05, 2021

Show notes

The Biden Administration has rebooted international cooperation in a range of spheres. Is the antitrust world the same? Meghan Rissmiller, partner at Freshfields in Washington, DC, joins Christina Ma and Matthew Hall to discuss regulatory cooperation in merger control and antitrust cases. Listen to this episode to learn more about current developments in this area, what the future holds and practice points.

Multilateral Pharmaceutical Merger Task Force

Joint statement by the Competition and Markets Authority, Bundeskartellamt, and Australian Competition and Consumer Commission on merger control

Hosted by:

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

#121 How Do They Get Paid? The FTC's Use of Monetary Relief for Deterrence and Compensation Jun 28, 2021

Show notes

The use of monetary relief-- also called disgorgement-- historically was used by the FTC for deterrence and compensation of consumers. Now that the Supreme Court has ruled that the FTC lacks authority for disgorgement, what will the FTC do?

Lydia Parnes, a partner at Wilson, Sonsini, Goodrich & Rosati and former Director of the Bureau of Consumer Protection at the FTC, joins Elyse Dorsey and John Roberti to discuss the history and future of disgorgement remedies. Listen to this episode to learn more about how the FTC can and should use monetary relief to pursue its mission.

Lydia Parnes et. al., AMG v. FTC: U.S. Supreme Court Ends Key FTC Consumer Protection Enforcement Practice

Hosted by:

John Roberti, Allen & Overy LLP and Elyse Dorsey, George Mason University

#120 What Advice Do You Have for a Young Lawyer? Words of Wisdom from Our Guests Jun 21, 2021

Show notes

In many past episodes of Our Curious Amalgam we asked our guests what career advice they would give to their younger selves. As hosts Alicia Downey, John Roberti, and Jessica Watters discovered, the answers to that question were educational, brilliant, sometimes unexpected, and always heartfelt. The best of that advice is featured in a single episode highlighting words of wisdom from some of the brightest lights in the field of antitrust and consumer protection. No matter where you are in your career path, listen to the episode for inspiration on how to lay the groundwork for success in any practice setting.

Hosted by:

Alicia Downey, Downey Law LLC, Jessica Watters, Skadden, Arps, Slate, Meagher & Flom LLP, and John Roberti, Allen & Overy LLP

#119 Is This Game Over? Competition Law Implications of the Super League. Jun 14, 2021

Show notes

The Super League didn't last long but the post-game analysis continues. What are the competition law issues raised and do they remain relevant? Dwayne Bach, sports and esports law expert, joins Christina Ma and Matthew Hall to discuss the concerns and their wider relevance. Listen to this episode to learn more about the Super League, how competition law may apply to the proposal and its application to other sports.

Related Links:

Super League website

The Super League and its related issues under EU Competition Law, Dwayne Bach (22 April 2021)

Commercial Court of Madrid reference to European Court of Justice (11 May 2021) (in Spanish)

Statement by UEFA, the English Football Association, the Premier League, the Royal Spanish Football Federation (RFEF), LaLiga, the Italian Football Federation (FIGC) and Lega Serie A in relation to the Super League (18 April 2021)

EU General Court judgment in Case T-93/18, International Skating Union v Commission (16 December 2020)

An Introduction To The ELF - Europe's New Professional American Football League, Ansgar Faßbender, Dwayne Bach (19 February 2021)

Hosted by:

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

#118 What's The Role Of Journalism In Antitrust?: A Conversation With Leah Nylen Jun 07, 2021

Show notes

People often read more from journalists than from lawyers to learn about antitrust. But what roles does journalism itself play in antitrust, in terms of the development and practice of the law? Leah Nylen, seasoned antitrust reporter at POLITICO, speaks with John Roberti and Anora Wang about everything ranging from meeting in parking garages exchanging secret papers, muckraking and informing the public, to how to speak with a journalist. Listen to this episode to learn all about antitrust journalism.

Hosted by:

John Roberti, Allen & Overy LLP and Anora Wang, Davis Wright Tremaine LLP

#117 Can It Be Resolved? The Use of Mediators to Settle Antitrust Class Actions. May 31, 2021

Show notes

Mediation is a tool that litigants can use to resolve disputes. What are the advantages of using a mediator, particularly in high-stakes antitrust class actions? Judge Vaughn Walker, retired Chief Judge of the Northern District of California and now mediator, joins John Roberti and Kayla Odom to discuss how mediation can help parties reach certainty and finality, the best timing for mediation, and strategies mediators use to help participants. Listen in to learn why people should choose mediation, and to learn the "do's" and "don'ts" when it comes to mediation and making settlement possible.

Hosted by:

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