Our Curious Amalgam

Battles in the pharmaceutical antitrust world have been increasingly heated, and to a great extent rightly so, as people have devoted more attention to this space in the past decades. But as measured against the U.S. antitrust laws, what has changed or will change in the scrutiny of pharmaceutical companies' conduct? Eric Grannon, a leading defense practitioner, joins Anora Wang and John Roberti t...

U.S. antitrust dealing with tech ranges from early government cases involving punch cards to the current government probe into various platforms. But while the tech evolves, has the antitrust concern with monopolization by big tech changed? Prof. Randy Picker, a leading scholar studying antitrust and tech, joins Anora Wang and John Roberti to discuss the once epic, 13-year-long, U.S. antitrust cas...

Privacy and competition both have been hot subjects, especially when discussing the new digital economy. But will the two doctrines inevitably converge, or are they in fundamental tension with each other? FTC Commissioner Noah Phillips joins Sergei Zaslavsky and John Roberti to discuss this timely subject and share his views on when privacy should (and should not) play a role in antitrust analysis...

The Federal antitrust laws reach the entire United States. But what is the state of antitrust law outside of the largest metropolitan areas? Longtime ABA Antitrust Law Section members Marguerite Willis and Travis Wheeler of Nexsen Pruet in South Carolina join John Roberti and Kayla Odom to discuss what it's like to build an antitrust law practice in a smaller antitrust community and how antitrust...

Many discussions on U.S. merger control focus on proposals of drastic changes. But can U.S. merger enforcement be improved by just having the agencies committed to making better use of their exiting tools? John Kwoka, a leading economist and antitrust scholar, joins Anora Wang and John Roberti to discuss the weaknesses of U.S. merger enforcement, the role of the merger guidelines as tools availabl...

The implications of a merger are measured against the situation without the transaction going ahead. But what happens when the business being taken over is in difficulties? Courtney Dyer of O'Melveny & Myers in Washington, DC and Nicholas Levy of Cleary Gottlieb in London join Matthew Hall and John Roberti to discuss the application of the merger control rules to failing firms, including the impac...

Private litigation over consummated merger is interesting, as such suits are rare and consummated deals are harder to challenge, as a common saying goes— you can't unscramble a scrambled egg. But have some recent developments found a new way for private litigants to challenge? Jack Martin, leading litigator in relevant cases, joins Anora Wang and John Roberti to discuss the statutes of limitations...

Rules on foreign direct investment (FDI) around the world are continually being tightened. Why is this happening, what are the new restrictions and how can companies and their advisers navigate through these rocks? Lisa Wright of Slaughter and May in London and Cal Goldman of Goodmans in Toronto join Matthew Hall and John Roberti to discuss the evolving FDI landscape in the EU, UK, Canada and else...

Merger trials are always fascinating, and Sprint-T-Mobile was a particularly interesting and important case. How did the merging parties rebut the Government's case and convince the district court to allow the merger to proceed? Two lawyers who played a key part in engineering the defense, George Cary and Lindy Bernhardt from Cleary Gottlieb, join hosts John Roberti and Sergei Zaslavsky to provide...

Developing leadership skills is critical to success in the workplace and various social settings. But how does a person or an organization cultivate effective leadership? Michelle Ray, author, educator and keynote speaker on personal and organizational leadership, joins Ricardo Woolery and John Roberti to discuss developing the leadership skills to overcome indecision, motivate others to achieve c...

States play an important role in enforcing the antitrust laws in the United States. How do they work together among themselves and with federal antitrust agencies? How does the National Association of Attorneys General (NAAG) lead or facilitate relevant efforts? Sarah Oxenham Allen, Chair of the NAAG's Antitrust Task Force, and a Senior Assistant Attorney General and Antitrust Unit Manager with th...

Climate change is one of the most pressing issues facing the world and responses are needed. Is antitrust/competition law part of the problem or can it be part of the solution as companies and governments react? Emma Cochrane of law firm Linklaters in London joins Matthew Hall and John Roberti to discuss the application of EU and UK competition, merger control and State aid law to climate change b...

Digital platforms host more and more of our daily activities. Many are free and seem to cost nothing other than the users' attention. How do we understand the economics of the "free" and its antitrust implications? Prof. John Yun, Director of Economic Education at the Global Antitrust Institute (GAI) at George Mason University, joins John Roberti and Anora Wang, for a discussion on concepts includ...

This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! Lawyers, economists, and regulators have continued to weigh in on the extent to which institutional investors' holdings of minority interests in multiple competitors raise competition issues. Our panelists will discuss whether (and if so, when) suc...

This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! From record fines to novel theories of harm, the FTC has pursued vigorous consumer protection enforcement under Chairman Simons. This panel will discuss recent FTC enforcement and priorities, including impacts, if any, of COVID-19 on enforcement pr...

This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! New business models centered on evolving/expanding platforms raise critical questions about inter- and intrafirm relationships. How should regulators and competitors view these firms? Are they necessary ecosystem providers or threats to competitors...

This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! Antitrust and consumer protection policy, enforcement, and litigation change every day with vital issues constantly surfacing. Take a quick look at how the past year has set the stage for the news of today and trends of tomorrow. SESSION CHAIR / CO...

This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! Antitrust litigation often features a low number of diverse attorneys with speaking roles in courts, as recent articles show. This panel will discuss the challenges and opportunities these groups, women in particular, face in litigation. Hear from...

This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! Please join us for an in-depth conversation with leading competition authorities about their enforcement priorities and the transactions, investigations, and cases that are making headlines this year. The Enforcers Roundtable is always a highlight...

This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! Investigations have been launched into whether Big Tech firms are violating antitrust laws, and Congress has initiated a bipartisan investigation into competition in digital markets. The panel will examine the range of outcomes that could result fr...

This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! This exciting, challenging, and humorous game show will examine the application of the Model Rules of Professional Responsibility to ethical questions confronting antitrust and consumer protection lawyers, and will address issues such as conflicts...

This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! Please join us for a TED-talk style keynote from a recognized physician expert from the UCLA Cannabis Research Initiative discussing the latest on the science and structure of the explosive cannabis and CBD industries, which are raising challenging...

This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! State Attorneys General play a crucial role in enforcing state and federal antitrust and consumer protection laws. Join our panelists who represent antitrust and consumer protection bureaus from across the country as we discuss recent enforcement a...

This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! You won't want to miss this annual session where you will hear directly from the Federal Trade Commission Directors of the Bureau of Competition, Bureau of Consumer Protection, and Bureau of Economics about the latest in antitrust and consumer prot...

Litigation funding (also known as third party funding or litigation finance) is funding provided by a third party unconnected to the litigation (or arbitration) in order to finance all or part of the legal and other costs arising, in return for a share of any proceeds. But how does litigation funding change the nature of the litigation game, both in the United States and United Kingdom? Rosemary I...