Trust and Trade

In this episode, listeners will hear the oral history of the landmark capacitors price-fixing case, a case that went to trial not once but twice in the midst of a worldwide pandemic. Attorneys for both the plaintiffs and the defense discuss their courtroom strategies, their approach to damages and guilty pleas, and adjustments they had to make on the fly in response to an unprecedented global heal...

In this episode of Trust and Trade, Dr. Elizabeth Wang, Executive VP of economic consulting firm Compass Lexecon, explains how antitrust enforcers use the Gross Upward Pricing Pressure Index (GUPPI) analysis to determine whether to stop a merger. Dr. Wang walks listeners through what the GUPPI test is, what it tells you, when to use it, and its advantages and limitations. Later, host Anant Raut an...

Why are groceries more expensive than they were 4 years ago? In this episode, agriculture policy expert Austin Frerick and economist Tim Richards debate the impact of consolidation on food prices, and the role antitrust should play. Hosts Anant Raut, Evan Harris, and Erika Inwald later discuss the Federal Trade Commission's lawsuit to block the Kroger-Albertson's merger, and what to expect at tria...

In this episode you'll learn everything you need to know about the Critical Loss test used by enforcers to determine whether to block a merger - what it tells you, how to calculate it, and when to use it. Guest Ron Drennan, Economic Advisor to the DOJ Antitrust Division and former acting director of economics, explains how Critical Loss predicts the profitability of a post-merger price increase. C...

In this episode, Open Markets Institute's Sandeep Vaheesan and former acting FTC Chair Maureen Ohlhausen discuss the looming nationwide ban on noncompete clauses for workers and debate the roots and limits of the FTC's powers under Section 5 of the FTC Act. Host Anant Raut and co-host Scott Perlman talk about the legal challenges the ban is likely to face, and where Lina Khan's FTC may go next wit...

This episode kicks off Trust and Trade's "Mergernomics" series, demystifying the economic analysis that antitrust enforcers use to predict whether a merger will harm competition and should be blocked. Host Anant Raut and co-host January Kim welcome Aditi Mehta, Economics Director for the DOJ Antitrust Division, to give an overview of the role of economists in merger review, common frameworks for u...

It's been called the "antitrust trial of the century" - U.S. v Google, the DOJ and state AGs' case against Google's alleged search monopoly. In this episode, we asked three of the top antitrust trial lawyers in the country to listen to the closing arguments in the case and talk about the tactics and strategies of both sides, the effectiveness of their arguments, and potential implications for ongo...

US v AU Optronics, or, the LCD screens case, is one of the most important price-fixing cartel cases of the last 25 years. Now, for the first time, co-hosts Anant Raut and Anna Pletcher bring together lawyers from the prosecution, defense, and presiding Judge Susan Illston to recount some of the case's historic firsts, including the size of the financial harm, the extraterritorial reach of the Sher...

The word "privacy" doesn't appear in the FTC Act, yet for 25 years, the FTC has used its limited resources and enforcement tools to act as the country's privacy enforcer. Past and current FTC leadership join host Anant Raut for this rousing look at the history of privacy enforcement by the FTC, and contemplate its future. In a world where the threats to privacy have grown manifold, has the Commiss...

Look around you - almost everything in your home or office was once on an ocean shipping vessel. Yet this essential area of commerce continues to enjoy one of the oldest exemptions from US antitrust law. Does this loophole keep prices low for consumers? Or does it raise prices for shippers and make supply shocks worse? Hosts Anant Raut and David Golden are joined by Shipping Act expert Melissa Max...

Season 3 of Trust and Trade kicks off with an in-depth look at the heated turn in the relationship between the Federal Trade Commission and Congress, which broke into public view during a July oversight hearing by the House Judiciary Committee. Host Anant Raut and guest host John Villafranco welcome Katie McInnis (Chief Democratic Counsel to the subcommittee) and Nina Frant (former counsel to Comm...

It was a Supreme Court case about 1 word, worth $1.2 billion dollars. But after SCOTUS killed the Federal Trade Commission's ability to get scam victims their money back, the FTC got creative. On this episode of Trust and Trade, Anant and Rich talk to a panel of former FTC-ers, including former Commissioner Phillips, about the FTC's ability to make fraud victims whole under Section 13b of the FTC...

In this episode of Trust and Trade, Anant and Anna take us into the inner workings of joint defense groups, discussing the unique challenges of working together as a band of equals behind a common goal but sometimes with differing approaches and client interests. Guests David Cross and Dr. Laila Haider offer insights on decision-making, trust, and transparency when working in a joint defense group...

To change antitrust policy, you have to win in court, and a key part of any civil trial is the expert witness. We invited a couple of veteran prosecutors to share their best tips and secrets. Whether you're preparing for your first trial or are a seasoned litigator seeking an edge in the courtroom, whether your next trial is bench or jury, there's something useful and surprising for everyone in th...

We debate the hits and misses from the first two years of antitrust enforcement under the Biden Administration, and make some predictions about what to expect in the next two years. With special guests: Eyitayo St. Matthew-Daniel, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP and Lauren Willard, Partner, Covington & Burling LLP Hosted by: Anant Raut and Michael Murray

Have judges gone too far and become too reliant on economic experts in antitrust cases? Legendary plaintiffs' attorney Michael Hausfeld joins hosts Anant Raut and Travis Wheeler to talk about whether dueling professional economists either cancel each other out or decide the fate of antitrust cases, and the right way for judges and practitioners to think about their testimony. With special guest: M...

Would-be monopolists have traditionally faced fines and civil remedies; under the Biden Administration's more muscular enforcement of the Sherman Antitrust Act, they could face jail time as well. Law professor Travis Wheeler walks the former acting head of the DOJ Antitrust Division Richard Powers through some of the most famous monopolization cases in US legal history to help us understand where...

Dual challenges to the Illumina/GRAIL merger on both sides of the Atlantic underscore the differences between US and European approaches to mergers. A group of experts featuring a veteran of DG Comp and an FTC alum walk us through the procedural and litigation intricacies, what happened on both sides of the pond, and key lessons for practitioners about proposed behavioral fixes to embattled merger...

This past February, Amara reported on a panel discussion hosted by the ABA Antitrust Law Section on attorney-economist communications and how to enhance efficiency in the relationship between attorneys and economists. We provide a recap of that programming. With special guest: Amara Conteh, Wilson Sonsini Goodrich and Rosati Hosted by: Gabriela Antonie, Cornerstone Research

Summary of a recent panel on ML and antitrust. With special guest: Masha Melkonyan Hosted by: Gabriela Antonie

This podcast will cover the basics of cryptocurrency, discuss recent regulatory developments in this area, provide an overview of what keeps in-house counsel dealing with cryptocurrency issues up at night and tips on how to navigate the challenging space. With special guest: Nguyen Vu, Associate General Counsel – Payments, Bolt Hosted by: Annie M. Ugurlayan, Assistant Director, BBB National Progra...

Tips and tricks for lawyers who are new to presenting expert witnesses at trial and reflections on the importance of eliciting effective expert testimony in antitrust cases. With special guest: Eric Hochstadt, Partner, Weil, Gotshal and Manges LLP Hosted by: Katherine Kelly Fell, Associate, Milbank LLP, Vice President of Trial Practice Committee of ABA Antitrust Section

Dr. Caminade discusses the basic economics behind two-sided platforms and its implications for antitrust. With special guest: Juliette Caminade, Vice President, Analysis Group Hosted by: Gabriela Antonie, Manager, Cornerstone Research

On behalf of the ABA Antitrust Section's Privacy Legislation Task Force, Kathleen Benway (Alston & Bird), JeanAnn Tabbaa (Gibson, Dunn & Crutcher), and Joshua Wade (McGuireWoods) host a conversation about the possibility of privacy rulemaking at the FTC, and specifically Magnuson-Moss rulemaking. They cover the sources of authority for FTC rulemaking (starting at the two-minute mark), Magnuson-Mos...

Andrea Rivers walks us through a publicly available tool developed by Prof Luke Froeb to teach non-economists about regression analysis. Hosted by: Gabriela Antonie, Cornerstone Research