Our Curious Amalgam

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...

Companies are increasingly relying on artificial intelligence technologies to guide product pricing, output and innovation decisions. But does this practice raise antitrust enforcement concerns? Kelly Smith Fayne, a San Francisco-based antitrust lawyer, joins Ricardo Woolery and John Roberti to discuss how the use of artificial intelligence impacts enforcement of collusive conduct that harms consu...

In our democracy, it is critical for the government to be held accountable for how it performs its mission. Has enforcement by the U.S. antitrust agencies diminished and how has that impacted competition? Diana Moss and Randy M. Stutz, AAI's Vice President of the American Antitrust Institute join John Roberti and Anora Wang, for a discussion of AAI's report assessing the state of the antitrust enf...

In the antitrust bar, there are many litigations but few trials. Many antitrust cases are settled and some of the highest damages are obtained through class actions. In practice, how do antitrust class actions settle and what's involved in the process? What are some important actors and tools in reaching the settlement? Megan Jones, partner at the law firm Hausfeld, speaks with John Roberti and An...

Recent economic research has examined potential killer acquisitions in the U.S., and regulators here and abroad have expressed competition concerns about acquisitions of startups. But innovation is a difficult and uncertain process. This panel explores hot topics, patent thickets, biologics, and the revamped UK CMA approach in a broader discussion of the renaissance of innovation theories of harm....

Antitrust interfaces with both international trade and intellectual property in complex ways. Multinational companies often face challenges that involve all three areas, while law firm practice groups tend to be siloed. This program brings together antitrust and trade experts who will explore these issues, as well as the unfair competition mandate of the International Trade Commission. SESSION CHA...

It has been said that conflicting expert testimony merely "cancels" each expert out: that experts can lose, but not win, a case. Are these mantras valid? What are the secrets to effective expert testimony? What mixture of "honest broker" and "advocacy" is the right one? Is the expert a "narrator" of facts or a hammer for ultimate issues? SESSION CHAIR / MODERATOR Ian SIMMONS / O'Melveny & Myers LL...

During this time of unprecedented divergence between state and federal antitrust enforcers, the panel will examine the legal framework and context for different investigation and enforcement perspectives, recent cases and settlements, and how to navigate investigations, negotiations, or enforcement actions where the procedural posture or relief sought by federal and state enforcers differs. SESSIO...

No-poach agreements remain uncertain territory. This panel will take a practical look at the challenges in assessing risk and counseling clients regarding these agreements, including the applicable standard of review, risks of proof at trial, harm and injury, and prosecutorial discretion. SESSION CHAIR / MODERATOR Adam HEMLOCK / Weil Gotshal & Manges LLP, New York, NY SPEAKERS Mark H. HAMER / Bake...

This past year was a year full of important developments for regulators and self-regulators on cutting-edge domestic and international consumer protection enforcement issues, including native advertising, endorsements, consumer reviews used for claims substantiation, privacy, data security, and more. Hear from experts and the people in the trenches regarding current enforce- ment and policy priori...

This panel will discuss the status of federal and state privacy legislation and other policy proposals in the United States, and how they may shift in the wake of the pandemic. How does the balance between privacy and other social welfare interests shift in a crisis? Will privacy enforcement priorities shift? Will there be a stronger push for harmonization with foreign privacy laws and policies? S...

Antitrust enforcers are facing calls for more active merger enforcement, particularly in the tech sector. Is more enforcement necessary? If so, are existing antitrust concepts and tools up to the task? For nascent acquisitions, how can competitive effects be assessed including impact on innovation or ability to disrupt, and what remedies should or could be considered for prior acquisitions? SESSIO...

This past year saw an increasing number of jurisdictions around the world opening investigations or taking enforcement actions involving Big Data. Has data become the new oil that drives the global economy? Is Big Data no longer just the province of consumer protection? What role should data play in antitrust analyses of mergers or business conduct? What role should antitrust have in regulating Bi...

Until recently, global cartel investigations dominated the headlines, and it seemed clear that coordinated international enforcement would be the wave of the future. But with the recent decline in blockbuster investigations, many question whether this trend has played itself out and, if so, what lies in store. SESSION CHAIR/MODERATOR J. Brent JUSTUS, McGuireWoods LLP, Richmond, VA SPEAKERS Heather...

In recent years, the consumer welfare standard has been heavily criticized by some as too weak or simply inadequate to address the complex antitrust issues raised by the modern economy. But what alternatives exist? Tim Wu, author of The Curse of Bigness: Antitrust in the New Gilded Age and Julius Silver Professor of Law, Science and Technology at Columbia Law School, joins Christina Ma and John Ro...

Smart speakers are becoming more and more popular. What laws might come in play facing increasing privacy concerns in the use of smart home devices? Join Phyllis H. Marcus, Co-Chair of the ABA Antitrust Law Section's Privacy and Information Security Committee, former Chief of Staff for advertising practices at the Federal Trade Commission, and currently a partner at the law firm Hunton Andrews Kur...