Our Curious Amalgam - American Bar Association

Latest Episodes:

#116 Can Non-Competes Be Procompetitive?: An Economist's View May 24, 2021

Show notes

By its name, a non-compete agreement restricts competition. But can non-competes be procompetitive or otherwise designed to minimize the competition concerns? Dr. Paul Wong, Economist and Director at National Economic Research Associates, Inc. (NERA), speaks with Anora Wang and Christina Ma about the interests and tradeoffs involved in a non-compete agreement and relevant enforcement and legal developments in this space, especially at the state level. Listen to this episode to get the economic story behind non-competes.

Comments of the Antitrust Law Section of the ABA in connection with the FTC workshop on "Non-competes in the workplace: Examining antitrust and consumer protection issues" (April 24, 2020)

Hosted by:

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

#115 Are We Witnessing a Revolution? Putting the Debate Over Antitrust Reform Into Context. May 17, 2021

Show notes

Accepted norms and standards are increasingly being questioned in the antitrust world as calls for reform grow louder. Why is this groundswell of dissent from traditional doctrine occurring now, and what are the implications for the future of antitrust law? Stanford Law School Professor Doug Melamed joins Sergei Zaslavsky and Christina Ma to put the current debate over antitrust doctrine into context. Listen to this episode for an insightful perspective on populist and technocratic calls for reform, including the potential pitfalls of making drastic changes to antitrust doctrine and potential pathways for achieving change without undermining antitrust's core strengths.

Doug Melamed, Antitrust Law and Its Critics

Hosted by:

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

#114 What Are the Generic and Biosimilar Industries Worried About? Current Competition Law Issues Impacting the Sector. May 10, 2021

Show notes

Generics and biosimilars are an important part of the pharmaceutical landscape in Europe. What are the competition law issues faced by suppliers of those products? Adrian van den Hoven, Director General of trade association Medicines for Europe, joins John Roberti and Matthew Hall to discuss the key concerns of generic and biosimilar suppliers and also the dramatic impact of COVID-19 on them. Listen to this episode to learn more about the application of competition law to pharmaceuticals and the background to the 2020 comfort letter granted by the European Commission at the request of Medicines for Europe.

Medicines for Europe Paper on Patent Linkage

Medicines for Europe Paper on Divisional Patents

Hosted by:

John Roberti, Partner, Allen & Overy and Matthew Hall, Partner, McGuireWoods London LLP

#113 Are "UDAPs" Protecting Consumers or Promoting Chaos? Exposing the Fault Lines under State Statutes Prohibiting Unfair and Deceptive Acts and Practices May 03, 2021

Show notes

State UDAP laws are powerful tools for private plaintiffs and state Attorneys General to redress marketplace misconduct and abuse of consumers. But with the growing proliferation of lawsuits based on novel theories of what constitutes "unfair" trade practices, is it time to rein them in? In this episode co-hosts Alicia Downey and Christina Ma talk to Matt Sawchak, UDAP scholar, antitrust litigator, and former solicitor general for the state of North Carolina, about the ongoing debate over the scope of and remedies afforded by UDAP legislation. Listen to this episode to learn about the sources of tension between state UDAP statutes and U.S. antitrust law.

Hosted by:

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

#112 What Can AI Do? Examining the Possibilities of Using Artificial Intelligence in the Law Apr 26, 2021

Show notes

Artificial Intelligence has been an increasingly important element of legal practice, including in antitrust and consumer protection. What is the next step for Artificial Intelligence? Joshua Davis, a professor at the University of San Francisco School of Law, joins Kayla Odom and John Roberti to discuss the potential and limits for the next generation of Artificial Intelligence. Listen to this episode to learn about whether robo lawyers may be appearing before robo judges anytime soon.

Artificial Wisdom? A Potential Limit on AI in Law (and Elsewhere)

AI and Interdependent Pricing: Combination Without Conspiracy?

Hosted by:

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

#111 A Never-Ending Issue? The Report of the EU Expert Group on Standard Essential Patents Apr 19, 2021

Show notes

Standard Essential Patent (SEP) licensing and valuation is an extremely challenging and difficult area worldwide. What does the January 2021 report of the EU SEPs Expert Group add to the discussion? Aleksandra Kuznicka-Cholewa, a member of the Expert Group, joins Christina Ma and Matthew Hall to discuss the work of the group and the proposals made in its report. Listen to this episode to learn more about the key SEP licensing and valuation issues which are being grappled with in the EU and elsewhere.

UK Supreme Court judgment Unwired Planet

Referral to European Court of Justice Nokia/Daimler

Hosted by:

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

#110 What Is It Like? Understanding the Views and Perspectives of a Plaintiff's Lawyer Apr 12, 2021

Show notes

Often the private antitrust and consumer protection bar is slightly more defense-oriented. But what is it like to be a leading plaintiff's lawyer in consumer class actions? Daniel Karon, class action attorney with 30+ years of experience, speaks with John Roberti and Anora Wang on the possible changes of legislation and policy affecting class actions, federal and state enforcement, and the plaintiff-side practice in general. Listen to this episode to learn about the perspectives of a plaintiff's lawyer.

Hosted by:

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

#109 When Does Benchmarking Cause Antitrust Anxiety? The Use and Misuse of Competitors' Data Apr 05, 2021

Show notes

Many industries routinely use data collected from multiple competing companies to develop price, cost and performance benchmarks. But when do benchmarking activities raise antitrust concerns? Co-hosts Alicia Downey and Christina Ma ask John Delacourt, general counsel to an international trade association and co-chair of the Antitrust Law Section's Trade, Sports and Professional Associations Committee, about managing the risks of collective participation in benchmarking programs in an era of heightened antitrust scrutiny and enforcement. Listen to this episode to learn about the right way and the wrong way to collect and use competitors' data.

DOJ/FTC Antitrust Guidance for Human Resource Professionals (2016)

Hosted by:

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

#108 What's the Hubbub About No-Poach? Recent Antitrust Enforcement in Labor Markets. Mar 29, 2021

Show notes

There has been growing interest in labor antitrust enforcement, particularly with the DOJ bringing its first criminal no-poach and wage-fixing cases in late 2020 and early 2021. How do we make sense of this vitally important but relatively unsettled area of law? Megan Gerking, a partner at Morrison & Foerster, joins Christina Ma and Sergei Zaslavsky to provide context around the recent enforcement actions and practical guidance on labor antitrust issues. Listen to this episode to learn about where we are, how we got here, and where we are likely to go in no-poach and wage-fixing enforcement.

United States v. Jindal indictment

United States v. Surgical Care Affiliates, LLC indictment

Hosted by:

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

#107 How Far Can You Go? U.S. Merger Enforcement Under Section 2 of the Sherman Act Mar 22, 2021

Show notes

U.S. merger enforcement has been active in recent years, involving legal challenges pursued under some newer theories. But can it go too far to bring certain challenges under Section 2 of the Sherman Act? Koren Wong-Ervin, partner at Axinn, Veltrop, & Harkrider LLP, and a recognized thought leader in the antitrust bar, speaks with Anora Wang and John Roberti on the critical differences and issues involved in merger challenges brought under Section 2 of the Sherman Act, as compared to Section 7 of the Clayton Act. Listen to this episode to learn about the most recent development in U.S. merger enforcement.

Our Curious Amalgam, #69 Another Way to Unring the Bell? Private Litigation Challenging Consummated Merger

Hosted by:

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