Our Curious Amalgam

Thanks to COVID-19, many courts and government agencies are using computer-based videoconferencing technology to conduct conferences, motion hearings, and even trials online. What are the do's and don'ts for litigating effectively in virtual proceedings, especially in complex antitrust cases involving multiple parties and far-flung witnesses? Lisa Wood, and antitrust practitioner, Co-Chair of the...

The FTC's enforcement program has long included the remedy of disgorgement, which requires that a defendant found liable return ill-gotten gains. Will the Supreme Court take this authority away? Michael Kades, Tim Muris, Maureen Ohlhausen and John Villafranco join Gerald Stein for a discussion of the Supreme Court's oral argument and what may happen to the FTC's disgorgement. Listen to this specia...

The Department of Justice Antitrust Division enjoys many tools to hone its criminal investigations, including many designed to incentivize cooperation from potential defendants. But how do Deferred Prosecution Agreements differ from the leniency program, and when might the Antitrust Division choose to negotiate one? Jon Jacobs, a seasoned antitrust trial lawyer and DOJ alumnus, joins Christina Ma...

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...

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...

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 an...

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...

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) spe...

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 t...

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-r...

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...

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, especia...

The Women. Connected Committee of the ABA Antitrust Law Section recently inducted four prominent women in the field of antitrust into its Hall of Fame-inism. How did they overcome career challenges and gender bias to make it to the top of their field? Co-hosts Christina Ma and Alicia Downey interview Margaret Guerin-Calvert, Deborah Majoras, Lisa Phelan, and Bonny Sweeney about how they achieved (...

Data and technology issues are behind many antitrust/competition and consumer law cases. How are regulators responding to this and what are their capabilities? Stefan Hunt, Chief Data and Technology Insights Officer at the UK Competition and Markets Authority (CMA), joins Christina Ma and Matthew Hall to discuss the activities of the CMA's Data, Technology and Analytics unit (DaTA). Listen to this...

Antitrust is usually focused on consumers, but increasingly, effects of competition on workers have been a focus of scholarship, policy, and enforcement. What is behind the growing prominence of labor antitrust, and what can we expect going forward? Hiba Hafiz, a professor at BC Law, joins Sergei Zaslavsky and John Roberti to discuss how labor antitrust applies in different contexts and the tensio...

Digital platforms are under immense public scrutiny, in the United States and elsewhere, leading to investigations and cases likely to be filed. But how to understand the complex antitrust analysis relevant to platforms including the measurement of power and relevant markets? And if an antitrust case is made against platforms, what's the fix? Prof. Herbert Hovenkamp, a leading scholar, joins Anora...

Antitrust class actions are rarely tried all the way through to a jury verdict. How did a team of lawyers from Columbus, Ohio and Washington, D.C. win a defense verdict in not one, but two antitrust trials in an 18-month period? Jim King and Jay Levine talk with Alicia Downey and John Roberti about how the cases were won. Hear from their younger colleagues about the lessons they learned and the mo...

Market definition is a core concept in antitrust law. While product markets are usually defined based on substitutability, are there situations where products that are not substitutes belong in the same market? Kevin Hahm, a partner at Hunton Andrews Kurth and a long-time FTC enforcer, joins Sergei Zaslavsky and Christina Ma to discuss bundle and cluster markets --- those unique situations where p...

The 54 African countries are becoming increasingly important from a competition law point of view. But can we assume the rules are the same as elsewhere? George Lipimile of COMESA and Jocelyn Katz of ENSafrica join John Roberti and Matthew Hall to discuss key issues in African competition law. Listen to this episode to learn about some of the features that make the law on the African continent uni...

Our Curious Amalgam is having a party and you're invited! In this special one-year anniversary episode, host Alicia Downey speaks with guests Brian Henry, immediate past chair of the ABA Antitrust Law Section, and John Roberti, the regular co-host of OCA, about how they created a podcast from scratch, including the origin story of our curious name. Listen to this episode to hear about our curious...

There has been substantial discussion of enhanced antitrust enforcement by what has been referred to as the "new" Brandeis School of Antitrust; but that implies that there was an original Brandeis School of Antitrust. What can we learn from this original school? Storied antitrust enforcer, academic and practitioner Tim Muris joins John Roberti and Christina Ma for a discussion of the last great ef...

Agriculture sits at the center of the U.S. economy and has witnessed increased consolidation in the last several decades. How can antitrust law and merger policy protect competition in agriculture, from fair terms for seed purchasers to ensuring ample processors? Mark Tobey, former special counsel for agriculture at the U.S. Department of Justice, joins Tammy Zhu and John Roberti to discuss the pa...

The European Commission's EU State aid investigations into the tax ruling practices of EU countries are highly controversial - none more so than its ruling, overturned in court, that Apple pay back multi-billion Euros to Ireland. What is EU State aid law and what are these cases about? Alfonso Lamadrid, Brussels-based lawyer with Garrigues, joins Christina Ma and Matthew Hall to discuss the backgr...

Although there is little question as to the need for affordable, accessible, and high-quality pharmaceuticals, there is immense disagreement as to how best to achieve that end. What are the key issues facing pharmaceutical antitrust enforcement today? Michael Kades, Director of Markets and Competition Policy for the Washington Center for Equitable Growth, joins Christina Ma and John Roberti to dis...

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...