Our Curious Amalgam - American Bar Association

Latest Episodes:

#96 Can They Really Say That? Product Denigration Under French Antitrust Law Jan 11, 2021

Show notes

At its most basic, marketing often consists of simply explaining a product's qualities relative to its alternatives. Can this go too far and amount to a competition law infringement? Isabelle de Silva, President of the French Competition Authority (FCA), and Bill Batchelor join John Roberti and Matthew Hall to discuss product denigration by reference to the FCA's cases in the pharma sector. Listen to this episode to learn more about these cases and how to draw the line between illegal disparagement of rivals and factual communication of differences.

FCA's Subutex decision December 2013

FCA's Plavix decision May 2013

FCA's Durogesic decision December 2017

Hosted by:

John Roberti and Matthew Hall

#95 Who Is Ready for 2021? Year in Review: Part 3. Jan 04, 2021

Show notes

The editorial staff of Our Curious Amalgam is teaming up with substantive ABA Antitrust Law Section committees to summarize the main antitrust and consumer protection events of 2020 and preview the trends to watch in 2021. In Part Three of a three-part series, Legislation, Federal Civil Enforcement, and Exemptions and Immunities committees provide incisive analysis of the key happenings and issues within their respective areas of expertise. Regular Our Curious Amalgam hosts Sergei Zaslavsky, John Roberti, Christina Ma, and Anora Wang, and special guest host, Ricardo Woolery, join to provide commentary and make sense of the year that was. Listen to this episode for a summary of the key antitrust and consumer protection themes of 2020.

Hosted by:

Sergei Zaslavsky, Anora Wang and Ricardo Woolery, Christina Ma and John Roberti

#94 Who Is Ready for 2021? Year in Review: Part 2 Dec 31, 2020

Show notes

This past year has been anything but a slowdown in antitrust enforcement around the world and has also put privacy and consumer protection issues in the limelight. What do you need to know? In Part Two of this three-part series, members of the International, Privacy and Information Security, and Consumer Protection committees discuss what they believe to be the key happenings and issues in 2020 and what to expect in 2021. Regular Our Curious Amalgam hosts Sergei Zaslavsky, John Roberti, Christina Ma, Matthew Hall, and Kayla Odom join to provide further context. Listen to this episode for a summary of the key international, privacy, and consumer protection themes of 2020.

#89 What's the Deal with Data Portability? Understanding the Competition and Privacy Aspects Surrounding the Movement of Data.

#86 Can They Really Do That? The Use of Advanced Analytics by Antitrust and Consumer Regulators

Hosted by:

Sergei Zaslavsky, John Roberti, Christina Ma, Matthew Hall, and Kayla Odom

#93 Who Is Ready for 2021? Year in Review: Part 1. Dec 28, 2020

Show notes

The editorial staff of Our Curious Amalgam is teaming up with substantive ABA Antitrust Law Section committees to summarize the main antitrust and consumer protection events of 2020 and preview the trends to watch in 2021. In Part One of a three-part series, Mergers & Acquisitions, Economics, and Insurance and Financial Services committees provide incisive analysis of the key happenings and issues within their respective areas of expertise. Regular Our Curious Amalgam hosts Sergei Zaslavsky, John Roberti, Christina Ma, Tammy Zhu, Alicia Downey, and Anora Wang join to provide commentary and make sense of the year that was. Listen to this episode for a summary of the key antitrust themes of 2020, with a particular emphasis on merger control issues.

Related Links:

Vertical Merger Guidelines

Visa-Plaid Complaint

Hosted by:

Sergei Zaslavsky, John Roberti, Christina Ma, Tammy Zhu, Alicia Downey and Anora Wang

#92 How is it Developing? Understanding the Competition Law & Enforcement in Brazil Dec 21, 2020

Show notes

Brazilian competition law and enforcement regime is among the most active ones around the world, with a well-recognized cartel program and efforts to advocate and develop its law. How does the Brazilian system work and what are the most important elements in Brazil's competition enforcement? The Honorable Commissioner Luiz Hoffmann of Brazil's Administrative Council for Economic Defense (CADE) speaks with John Roberti and Anora Wang on the structure and progress of Brazil's competition enforcement agency. Listen to this episode to learn about one of the most exciting competition jurisdictions.

Related Links:

Commissioner Luiz Hoffmann, "Hipster Antitrust and the Brazilian Legal System" (in English, published by IBRAC)

Commissioner Luiz Hoffmann, contributions to the OECD 2020 Global Forum on Competition regarding abuse of dominance in digital markets (in English)

Hosted by:

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

#91 What Is the State of Things: A Discussion with Colorado State Attorney General Phil Weiser Dec 14, 2020

Show notes

From mergers to monopolization investigations, state attorneys general are playing a more active role in antitrust enforcement. How are states complementing or filling the gaps in federal antitrust enforcement? Phil Weiser, Colorado Attorney General, joins Tammy Zhu and John Roberti to discuss his office's efforts and strategies to promote competition and protect consumers in Colorado. Listen to this episode to learn more about the interplay between state and federal antitrust enforcement today.

Prescription Insulin Drug Pricing Report, Colorado Department of Law, November 2020

Press Release on FitTurf Settlement for Misleading Consumers on Automatic Renewal Services, September 23, 2020

Philip J. Weiser, The Enduring Promise of Antitrust

Hosted by:

Tammy Zhu and John Roberti

#90 How Do We Respond to the Dilemma? Developing a Data Portability Solution. Dec 07, 2020

Show notes

The ongoing debate of data portability has produced many unanswered questions, resulting in a need for a more structured analysis of the issues surrounding of the movement of data. How can governments, or various sectors, industries, or companies develop solutions for data portability that encompass the often-competing goals of promoting competition and protecting privacy rights? Internationally-recognized privacy and cybersecurity expert Peter Swire joins Christina Ma and Kayla Odom to discuss his proposed framework for analyzing the issues surrounding the portability of data and evaluating initiatives on portability and other required data transfers. Listen to this episode to learn how, through the use of structured questions, the impact of data portability can be assessed.

Hosted by:

Christina Ma, Wachtell Lipton Rosen & Katz and Kayla Odom, Freitas & Weinberg LLP

#89 What's the Deal with Data Portability? Understanding the Competition and Privacy Aspects Surrounding the Movement of Data. Nov 30, 2020

Show notes

With the enactment of stronger privacy laws in Europe and California, and with the prominent use of digital platforms and intense policy debates surrounding their regulation, issues regarding what has been termed "data portability" have been brought to the forefront. What is data portability, and how is it being addressed in the law? Alex Brown and Gabe Maldoff join Christina Ma and Kayla Odom to discuss what it means for data to be "portable" and the various issues that arise when it comes to the transferability of a person's data. Listen to this episode to understand the competition, consumer protection, and cybersecurity issues that are being debated by policymakers, companies, and others when it comes to data portability.

Comment Submitted by The American Bar Association Antitrust Law Section In Connection With "Data To Go: An FTC Workshop On Data Portability" (August 27, 2020)

EU General Data Protection Regulation – Right to data portability, Article 20

California Consumer Privacy Act – Data portability requirements, Cal Civ. Code. § 1798.100(d)

Hosted by:

Christina Ma, Wachtell, Lipton, Rosen & Katz and Kayla Odom, Freitas & Weinberg LLP

#88 What's in a Screen? Using Data as Evidence of Collusion and Manipulation (or lack thereof) Nov 23, 2020

Show notes

Screening out potential collusion and manipulation is the key to corporations' antitrust compliance by flagging suspicious activities early and accurately, and also at a later stage of investigations or private actions. But what exactly is in a screen? The relevant economic tools are very sophisticated and evolving. There are also practical considerations in designing and applying screens, especially as more entities are embracing them. Dr. Rosa Abrantes-Metz, a Principal at The Brattle Group and leading economist in this area, joins Anora Wang and Christina Ma to discuss recent advances and the defense side's use of these tools. Listen to this episode to get a deeper understanding of screening.

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