Ruled by Reason

In this podcast episode, AAI Vice President of Legal Advocacy Randy Stutz talks with two experts who have led pioneering empirical research into antitrust class actions, Rose Kohles and Josh Davis. Stutz talks with Kohles and Davis about the Huntington Bank and UC Hastings "2021 Antitrust Annual Report: Class Action Filings in Federal Court," and how empirical research into antitrust class actions...

In this podcast, AAI President Diana Moss talks with two experts about Telehealth and the many issues that it raises for the healthcare system, providers, and patients. These include policy questions around medical licensing, impact and equity, and competition. Telehealth is the distribution of health-related services and information via electronic and telecommunication technology. As a distinct m...

In this podcast, AAI President Diana Moss talks with two experts in the agriculture sector about corn, a leading U.S. crop. Many farmers bow face serious margin "squeezes." They pay higher and higher prices to oligopolies and cartels for inputs that are necessary to grow their commodities. But growers then sell into markets where commodity prices are often controlled by only a few firms, such as i...

In this episode, AAI Vice President of Policy Laura Alexander discusses third-party litigation funding and its impact on private antitrust class actions with two experts in the field, one of the country's foremost litigators of antitrust class actions and a representative from a leading litigation funder with deep experience in antitrust.  Antitrust class actions are expensive to bring and prosecu...

In this episode Diana Moss sits down with Carl Shapiro, Distinguished Professor of the Graduate School at the University of California at Berkeley, to unpack the debate over the role of antitrust and how to invigorate enforcement of the antitrust laws in the United States. In framing the dialog over where antitrust should go, they create a multi-faceted conversation that reveals why competition is...

In this episode, AAI Vice President of Competition Laura Alexander and Gwendolyn Cooley, Wisconsin's Assistant Attorney General for Antitrust and Chair of the Multistate Antitrust Task Force for the National Association of Attorneys General discuss the state of state antitrust enforcement.  The conversation covers "antitrust federalism" and the current relationship between state and federal antitr...

In this episode, Diana Moss sits down with Scott Hemphill, the Moses H. Grossman Professor of Law at the New York University School of Law, to chat about his award-winning article:  Nascent Competitors (Vol. 168 (No. 7), Penn. L. Review, 2020) . Hemphill co-authored the article with Timothy Wu, currently serving as Special Assistant to President Biden for Technology and Competition Policy at the N...

In this episode, AAI President Diana Moss sits down with two experts to discuss the state of play in competition in freight rail. Freight rail is a vital part of the U.S. transportation system. It is the second largest mode of transportation in the U.S. and industry sources estimate that freight rail shipments will increase 30% by 2040. Railroads, and the shippers that transport on them, are respo...

In this episode, Roger Noll, AAI Senior Fellow and Professor Emeritus at Stanford University, talks with winners of the 2020 Jerry S. Cohen award for antitrust scholarship. Nancy Rose and Jonathan Sallet unpack key aspects of efficiencies in horizontal mergers in their article The Dichotomous Treatment of Efficiencies in Horizontal Mergers, Too Much? Too Little? Getting it Right (Vol. 168, Penn. L...

In this episode, AAI Vice President of Legal Advocacy Randy Stutz sits down with Professor Herb Hovenkamp for a wide ranging conversation about current debates over first principles of antitrust law.  When the Supreme Court says, "the antitrust laws protect competition," what exactly is it saying they protect?  While there seems to be confusion in the popular press about the meaning of antitrust l...

In this episode, two the world's leading competition experts, William Baer and Frederic Jenny, have a one-on-one conversation about key issues in the international competition arena that should be front and center on the enforcement and policy radar screens. The exchange took place at AAI's 22nd annual policy conference in June 2021. AAI is delighted to provide access to it on Ruled by Reason. Bae...

In this episode, AAI Vice President of Policy Laura Alexander and Patrick Woodall, Senior Researcher at Americans for Financial Reform, discuss the impact of private equity investment on competition, consumers, and communities.  This discussion was inspired by a recent report on private equity from AAI and the Petris Center, Soaring Private Equity Investment in the Healthcare Sector: Consolidation...

In this podcast, AAI President Diana Moss sits down with two leaders in the independent sector to discuss the fallout from decades of massive consolidation and rising concentration in beef packing. Her guests, Mike Callicrate and Patrick Robinette, run innovative, independent business operations in two different parts of the US. They discuss the state of competition in U.S. beef packing, which is ...

In this podcast, AAI President Diana Moss sits down with her two co-authors of the report "Market Power and Digital Business Ecosystems: Assessing the Impact of Economic and Business Complexity on Competition Analysis and Remedies." Moss, Greg Gundlach, and Riley Krotz discuss competition issues raised by the large digital business ecosystems (DBEs). The report takes a multidisciplinary approach--...

As part of its work to preserve the effectiveness of antitrust class actions as a central component of ensuring the vitality of private antitrust enforcement, the American Antitrust Institute issues periodic updates on developments in the courts and elsewhere that may affect this important device for protecting competition, consumers and workers. AAI's Randy Stutz is joined by Hausfeld LLP's Bonny...

In this podcast, AAI Vice President of Policy Laura Alexander sits down with two leaders in private enforcement who are driving the use of data and technology to win antitrust cases and get money back into the hands of consumers and other victims.  Adam Zapala, a partner at Cotchett, Pitre & McCarthy, LLP, and Eric Schachter, a Vice President at A.B. Data, Ltd., discuss how digital technology, big...

In this podcast, AAI President Diana Moss sits down with leading private antitrust enforcers, Roberta D. Liebenberg and Heidi M. Silton. Liebenberg and Silton weave together their deep insights and experience to discuss key aspects of the importance and role of women and diverse attorneys in antitrust, and in the plaintiff's bar, in particular. Moss, Liebenberg, and Silton begin with the impact of...

In this Ruled by Reason podcast, a winner of the 18th annual Jerry S. Cohen Award for Antitrust Scholarship , Alminas Žaldokas, discusses his article. The conversation is about "The Effects of Global Leniency Programs on Margins and Mergers" (50 Rand J. of Econ. 883 (2019)) and also features AAI Advisor Daniel Small of Cohen Milstein Sellers & Toll and Seattle University School of Law Professor Jo...

In this podcast, AAI President Diana Moss sits down with Senator Amy Klobuchar, who has represented the state of Minnesota since 2007. Senator Klobuchar serves on numerous Senate committees, including the Judiciary, where she is the Ranking Member of the Subcommittee on Antitrust, Competition Policy and Consumer Rights. Their conversation focuses on important themes in the debate over strengthenin...

As part of its work to preserve the effectiveness of antitrust class actions as a central component of ensuring the vitality of private antitrust enforcement, the American Antitrust Institute issues a periodic update on developments in the courts and elsewhere that may affect this important device for protecting competition, consumers and workers. AAI's Laura Alexander is joined by Berger Montague...

With federal enforcement of the antitrust laws decreasing, state and private enforcers face increasing pressure to fill the gap. But, private antitrust enforcement faces its own considerable and growing challenges - from arbitration provisions, to heightened class certification standards, to court decisions upending well-accepted antitrust doctrine. But, ever resilient, creative, and hopeful, priv...

As the Trump antitrust agencies grapple with institutional and resource constraints, and private plaintiffs face mounting hurdles to class and individual actions, the 50 state attorneys general have become critically important antitrust enforcers in the United States. Randy Stutz, AAI Vice President of Legal Advocacy, speaks with Phil Weiser, the Attorney General of Colorado, and Kathleen Foote, t...

Competition enforcement in the U.S. and abroad are in the spotlight, as concerns over rising concentration and declining competition move onto the radar screens of consumers and workers. These issues are at the center of legislative reform proposals, a rise in state enforcement activity, and will undoubtedly make their way into the November 2020 presidential campaign. AAI President Diana Moss sat...