Our Curious Amalgam

The pricing of pharmaceuticals, and in particular whether prices are "too high" or "excessive", is a contentious topic in the EU, as elsewhere. What is "excessive" in this context and what other antitrust arguments are used in this key sector? Paul Csiszar, Director, European Commission, DG Competition and Bill Batchelor, Partner, Skadden, Arps, Slate, Meagher & Flom LLP join Matthew Hall and John...

Just across our Northern Border lies over 500,000 square miles of Arctic tundra and a very robust antitrust regime equipped to weather the varied challenges facing antitrust practitioners today. But what are the difference with the U.S. antitrust laws and enforcement regime? Huy Do, Partner at Fasken and Chair of the Competition Law Section of the Canadian Bar Association, walks us through five ke...

In Europe, the right to privacy is considered a basic and fundamental human right, and allows individuals to request that personal data about themselves be erased or deleted - what has been termed the "right to be forgotten." How do European privacy rights compare with American ones, and will there ever be an American "right to be forgotten" similar to the one in Europe? Data protection law expert...

Interest in all-star cheer has exploded over the past decade, and the sport is fast becoming one of the most popular around the globe. But are there competition law issues in competitive cheer? Matt Stoller, author and commentator on the history and politics of monopoly power, joins Danielle Haugland and John Roberti to discuss competitive forces within the industry and how consumers (and kids) ma...

The United States v. Apple "eBooks" case was very strong in doctrinal terms—it involved a horizontal price-fixing cartel with overwhelming evidence proving the conspiracy and the harm it caused, and to antitrust lawyers it was a case that the government couldn't lose. If it is true that Americans believe in markets and competition, then the case should have had strong support. But to the broader p...

How can you build your network in the complex field of antitrust law? And where do you find the time and energy to do it? Join Karen Wickre, author of Taking the Work Out of Networking: An Introvert's Guide to Making Connections That Count, as she speaks to Deona Kalala and John Roberti about how to integrate social media into your daily practice. Listen to this program if you want to learn more a...

Every year, US prosecutors charge dozens of people for price-fixing. Who are these people? What drives them to price-fix? And why are almost all of them men? Two former DOJ antitrust prosecutors Anna Pletcher and Heather Nyong'o tell us what price fixers have in common, the one woman price-fixing defendant they prosecuted, and what we can do to counter corporate cultures prone to price-fixing. Rel...

What are some common legal traps in advertising? Enforcers at the FTC have good ways to describe them—and they all rhyme—illustrated with some intriguing examples from real ads. Lesley Fair, a senior attorney at the FTC's Bureau of Consumer Protection, speaks with John Roberti and Anora Wang about how ads can run afoul of the FTC Act and offers tips on how advertisers can comply. Listen to learn a...

The relationship between Big Data and Antitrust has been a hot topic recently. In this episode, University of Florida Law Professor and White & Case Senior Advisor Daniel Sokol talks with hosts John Roberti and Sergei Zaslavsky about this important subject, combining his genuine expertise, eclectic erudition, and unique panache. Any Big Data podcast can provide an explanation of the four Vs and ne...

What is the role of an economist in identifying harm? ABA Antitrust Law Section Economics Co-Chair Dr. Laila Haider talks to Christina Ma and John Roberti about the role of economists in antitrust matters and their particular importance in identifying harm to consumers. Listen in to this episode to learn more about how economists and lawyers work together on cases. There will be no math on the tes...

On January 10, the Federal Trade Commissions and the Department of Justice released Draft Vertical Merger Guidelines. In this Breaking News Special, ABA Antitrust Law Section Mergers Committee Co-Chairs Michael Keeley and Joanna Tsai join hosts John Roberti and Sergei Zaslavsky to share their initial reactions to the Guidelines. Listen to this episode to learn about vertical theories of harm, quas...

Are prescription drug prices too high and can antitrust and competition law be used to regulate the "right" price? NYU professor Harry First and Lauren Rackow will talk to John Roberti and Ricardo Woolery about the recent trend of increasing prescription drug prices, whether the "right" price exists, and whether antitrust and competition law have tools to regulate these prices. Listen to this epis...

The U.S. Supreme Court is no stranger to antitrust law. Jaime Santos, a partner in Goodwin Procter's appellate group, joins Christina Ma and John Roberti to explore recent Supreme Court antitrust cases, including FTC v. Actavis, Ohio v. American Express, and Apple v. Pepper. Listen to this episode to learn more about how the changing Supreme Court bench is likely to impact antitrust cases in the y...

Social media is convenient and gets people connected, but how can the legal profession use it effectively, and for what purposes? Should lawyers try to be influencers? Marketing professionals Nancy Myrland & Valentina Escobar-Gonzalez speak to John Roberti and Anora Wang about how lawyers, economists, and scholars alike can use social media in personal branding, reaching out to desired audiences,...

U.S. law involving the enforcement of vertical price restraints has softened in the last 10 years. But that does not mean that they are not traps that must be avoided. John David Evans, the chair of the Pricing Conduct Committee at the Antitrust Law Section, speaks to John Roberti and Elyse Dorsey about where the lines are regarding companies enforcing pricing policies down the chain of distributi...

The European Commission has dramatically increased its level of competition law enforcement against vertical agreements. Distribution agreements have in particular been in the spotlight, but other arrangements such as licensing are also at risk. The focus is on ensuring that manufacturers and licensors do not unreasonably ban or restrict online selling and is replicated at national level in the EU...

There is a long history of competition law impacting sports, from the early days of the baseball exemption to the antitrust laws to present-day amateur athletic challenges. But how do these rules apply to e-gaming, which has many elements of physical sports but with other aspects thrown in? In this episode, Derek Ludwin and Alex Simon speak with John Roberti and Michele Lee about the competition l...

The amount of private antitrust litigation outside the U.S. continues to increase dramatically. This is no longer confined to the traditional jurisdictions of the UK, Germany and the Netherlands, but is now worldwide. Follow-on claims, which rely on a regulatory decision to prove an infringement, and stand-alone claims, where the infringement must be shown, are common. In the EU, virtually every c...

Developing a robust and effective corporate compliance program can be daunting. Given the sheer size of many enterprises, it is necessary to make choices about how to apply resources. Data can help companies to make good choices and also to make their compliance programs more effective by allowing for better modeling. In this episode, Liban Jama and Chris Wall speak with John Roberti and Wendy Hua...

In our "Three to Keep, Three to Change" series, we ask antitrust thought leaders a simple yet provocative question. What three things do you like about antitrust law and would keep, and what three things would you change? In this episode, Diana Moss--an economist, former regulator, and current President of the American Antitrust Institute--speaks with John Roberti and Tammy Zhu about the states' c...

Companies today are increasingly concerned with social responsibility issues, including environmental and supply chain labor, and trying to find ways to engage more responsibly. What are the antitrust lines they should watch out for if they want to pursue industry-wide solutions? Melissa Maxman, partner at Cohen & Gresser and chair of the Antitrust Law Section's Exemptions and Immunities Committee...

Whether antitrust enforcement against Big Tech is sufficient has been a hot topic in the antitrust world and on Capitol Hill. In this episode, Hal Varian, an industrial organization and information economics scholar and the Chief Economist at Google, speaks with John Roberti and Sergei Zaslavsky about popular attitudes toward Big Tech, the evidence that populist critics of Big Tech may be overlook...

In our "Three to Keep, Three to Change" series, we ask antitrust thought leaders a simple yet provocative question. What three things do you like about antitrust law and would keep, and what three things would you change? In this episode, law and economics scholar and former FTC Commissioner Josh Wright speaks with John Roberti and Sergei Zaslavsky about independent economic analysis at the FTC, m...

Corporate criminal investigations can be enterprise threatening due to the significant fines, criminal prosecution of company executives, and potential follow-on litigation. For years, companies have invested in corporate compliance programs and now are evaluating the effectiveness of these programs in light of new DOJ guidance. In this episode, Richard Powers and Eyitayo ("Tee") St. Matthew-Danie...

How do advertising investigations come to be and how can they be prevented? Our guest, Chris Cole, is an expert in advertising law and has helped numerous companies get through these investigations. Chris will talk to John Roberti and Ricardo Woolery about the different types of investigations and how they come to be. Listen to this episode to learn more about the different types of advertising in...