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Our Curious Amalgam
41 minutes | 6 days ago
#114 What Are the Generic and Biosimilar Industries Worried About? Current Competition Law Issues Impacting the Sector.
Generics and biosimilars are an important part of the pharmaceutical landscape in Europe. What are the competition law issues faced by suppliers of those products? Adrian van den Hoven, Director General of trade association Medicines for Europe, joins John Roberti and Matthew Hall to discuss the key concerns of generic and biosimilar suppliers and also the dramatic impact of COVID-19 on them. Listen to this episode to learn more about the application of competition law to pharmaceuticals and the background to the 2020 comfort letter granted by the European Commission at the request of Medicines for Europe. Related Links: Medicines for Europe White Paper on Barriers to Generic and Biosimilar Market Entry Medicines for Europe Paper on Patent Linkage Medicines for Europe Paper on Divisional Patents Hosted by: John Roberti, Partner, Allen & Overy and Matthew Hall, Partner, McGuireWoods London LLP
35 minutes | 13 days ago
#113 Are “UDAPs” Protecting Consumers or Promoting Chaos? Exposing the Fault Lines under State Statutes Prohibiting Unfair and Deceptive Acts and Practices
State UDAP laws are powerful tools for private plaintiffs and state Attorneys General to redress marketplace misconduct and abuse of consumers. But with the growing proliferation of lawsuits based on novel theories of what constitutes "unfair" trade practices, is it time to rein them in? In this episode co-hosts Alicia Downey and Christina Ma talk to Matt Sawchak, UDAP scholar, antitrust litigator, and former solicitor general for the state of North Carolina, about the ongoing debate over the scope of and remedies afforded by UDAP legislation. Listen to this episode to learn about the sources of tension between state UDAP statutes and U.S. antitrust law. Related Links: North Carolina Opera The Official Tourist Website for Prague Hosted by: Alicia Downey, Downey Law LLC and Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz
39 minutes | 20 days ago
#112 What Can AI Do? Examining the Possibilities of Using Artificial Intelligence in the Law
Artificial Intelligence has been an increasingly important element of legal practice, including in antitrust and consumer protection. What is the next step for Artificial Intelligence? Joshua Davis, a professor at the University of San Francisco School of Law, joins Kayla Odom and John Roberti to discuss the potential and limits for the next generation of Artificial Intelligence. Listen to this episode to learn about whether robo lawyers may be appearing before robo judges anytime soon. Related Links: Law Without Mind: AI, Ethics, and Jurisprudence Artificial Wisdom? A Potential Limit on AI in Law (and Elsewhere) AI and Interdependent Pricing: Combination Without Conspiracy? Hosted by: John Roberti, Partner, Allen & Overy LLP and Kayla Odom, Associate, Freitas & Weinberg LLP
33 minutes | a month ago
#111 A Never-Ending Issue? The Report of the EU Expert Group on Standard Essential Patents
Standard Essential Patent (SEP) licensing and valuation is an extremely challenging and difficult area worldwide. What does the January 2021 report of the EU SEPs Expert Group add to the discussion? Aleksandra Kuznicka-Cholewa, a member of the Expert Group, joins Christina Ma and Matthew Hall to discuss the work of the group and the proposals made in its report. Listen to this episode to learn more about the key SEP licensing and valuation issues which are being grappled with in the EU and elsewhere. Related Links: Group of Experts on Licensing and Valuation of Standard Essential Patents: Contribution to the Debate on SEPs UK Supreme Court judgment Unwired Planet Referral to European Court of Justice Nokia/Daimler Hosted by: Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, Partner, McGuireWoods London LLP
45 minutes | a month ago
#110 What Is It Like? Understanding the Views and Perspectives of a Plaintiff’s Lawyer
Often the private antitrust and consumer protection bar is slightly more defense-oriented. But what is it like to be a leading plaintiff's lawyer in consumer class actions? Daniel Karon, class action attorney with 30+ years of experience, speaks with John Roberti and Anora Wang on the possible changes of legislation and policy affecting class actions, federal and state enforcement, and the plaintiff-side practice in general. Listen to this episode to learn about the perspectives of a plaintiff’s lawyer. Related Links: Daniel Karon, What The Biden Presidency Means For Class Actions, Law360 (Feb. 11, 2021) Hosted by: John Roberti, Allen & Overy LLP and Anora Wang, Davis Wright Tremaine LLP
32 minutes | a month ago
#109 When Does Benchmarking Cause Antitrust Anxiety? The Use and Misuse of Competitors’ Data
Many industries routinely use data collected from multiple competing companies to develop price, cost and performance benchmarks. But when do benchmarking activities raise antitrust concerns? Co-hosts Alicia Downey and Christina Ma ask John Delacourt, general counsel to an international trade association and co-chair of the Antitrust Law Section's Trade, Sports and Professional Associations Committee, about managing the risks of collective participation in benchmarking programs in an era of heightened antitrust scrutiny and enforcement. Listen to this episode to learn about the right way and the wrong way to collect and use competitors' data. Related Links: DOJ/FTC Statements of Antitrust Enforcement Policy in Health Care (1996) DOJ/FTC Antitrust Guidance for Human Resource Professionals (2016) Hosted by: Alicia Downey, Downey Law LLC and Christina Ma, Wachtell, Lipton, Rosen & Katz
26 minutes | 2 months ago
#108 What's the Hubbub About No-Poach? Recent Antitrust Enforcement in Labor Markets.
There has been growing interest in labor antitrust enforcement, particularly with the DOJ bringing its first criminal no-poach and wage-fixing cases in late 2020 and early 2021. How do we make sense of this vitally important but relatively unsettled area of law? Megan Gerking, a partner at Morrison & Foerster, joins Christina Ma and Sergei Zaslavsky to provide context around the recent enforcement actions and practical guidance on labor antitrust issues. Listen to this episode to learn about where we are, how we got here, and where we are likely to go in no-poach and wage-fixing enforcement. Related Links: DOJ and FTC 2016 Antitrust Guidance for HR Professionals United States v. Jindal indictment United States v. Surgical Care Affiliates, LLC indictment Hosted by: Sergei Zaslavsky, O'Melveny & Myers and Christina Ma, Wachtell, Lipton, Rosen & Katz
38 minutes | 2 months ago
#107 How Far Can You Go? U.S. Merger Enforcement Under Section 2 of the Sherman Act
U.S. merger enforcement has been active in recent years, involving legal challenges pursued under some newer theories. But can it go too far to bring certain challenges under Section 2 of the Sherman Act? Koren Wong-Ervin, partner at Axinn, Veltrop, & Harkrider LLP, and a recognized thought leader in the antitrust bar, speaks with Anora Wang and John Roberti on the critical differences and issues involved in merger challenges brought under Section 2 of the Sherman Act, as compared to Section 7 of the Clayton Act. Listen to this episode to learn about the most recent development in U.S. merger enforcement. Related Links: Douglas H. Ginsburg & Koren Wong-Ervin, Challenging Consummated Mergers Under Section 2, Competition Policy International (May 2020) Our Curious Amalgam, #69 Another Way to Unring the Bell? Private Litigation Challenging Consummated Merger Hosted by: Anora Wang, Davis Wright Tremaine LLP and John Roberti, Allen & Overy LLP
30 minutes | 2 months ago
#106 Is It Time to Rethink Section 230? The Debate Over the Liability Exemption for Internet Platforms
Section 230 of the 1996 federal Communications Decency Act immunizes online platforms from civil liability based on third-party content as well as for removing such content in certain circumstances. Twenty-five years after its enactment, has this immunity gone too far in protecting the behemoth internet companies from accountability and facilitating their pervasive growth and online presence? In this episode, co-hosts Alicia Downey and Christina Ma talk to O’Melveny partner Tod Cohen, a former in-house legal and public policy counsel for a number of prominent social media and e-commerce companies, about the connection between Section 230 and antitrust concerns regarding certain Internet platforms, and why Section 230 has become such a focal point of controversy. Listen to this episode to learn why Section 230 will likely continue to be making headlines in the world of antitrust and consumer protection. Related Links: CDA Section 230: Its Past, Present, and Future Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Alicia Downey, Downey Law LLC
41 minutes | 2 months ago
#105 How Do We Do Better? Increasing Opportunities for Women in Economic Expert Roles
Measured in absolute numbers, there have been more women attorneys and economists working in the field of antitrust, as compared to one or two decades ago. But is there greater diversity and inclusion as well, especially in leadership roles? Dr. Antara Dutta, Principal Economist at Amazon, Co-Chair of the ABA Antitrust Section’s Diversity.Advanced Initiative, speaks with Anora Wang and John Roberti on how to increase opportunities for women in economic expert roles. Listen to this episode to learn about progress and roadblocks in achieving greater diversity and inclusion for attorneys and economists alike. Related Links: Diversity.Advanced Initiative Hosted by: Anora Wang, Davis Wright Tremaine LLP and John Roberti, Allen & Overy LLP
38 minutes | 2 months ago
#104 Have We Figured It Out? Online Privacy and Security in the “New Normal” of Video Conferencing.
The COVID-19 pandemic has forced many aspects of our everyday lives to go virtual, and the surge in demand for videoconferencing technology has come with a variety of problems when it comes to privacy, cybersecurity, and consumer protection. Do we finally have a handle on the problems that came with this "Zoom Boom"? From connectivity and consumer choice to misleading claims of data security and cyber attacks, privacy and cybersecurity experts Claudia Rast and David Turetsky join Kayla Odom and Christina Ma to discuss the gambit of issues we have faced surrounding videoconferencing technology. Listen in to learn more about these issues and about what other issues we might expect to encounter when it comes to the use of videoconferencing platforms. Related Links: FTC Gives Final Approval to Settlement with Zoom over Allegations the Company Misled Consumers about Its Data Security Practices Federal Prosecutors Accuse Zoom Executive of Working with Chinese Government to Surveil Users and Suppress Video Calls Why Insider ‘Zoom Bombs’ Are So Hard to Stop Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Kayla Odom, Freitas & Weinberg LLP
38 minutes | 3 months ago
#103 What's Next for Antitrust Enforcement? The Antitrust Section Presidential Transition Report.
The ABA Antitrust Law Section issues a Presidential Transition Report each time a new administration enters the White House. What agenda does the latest Report recommend for the incoming leaders of the antitrust agencies? Transition Report Task Force leaders Rich Parker and Bill MacLeod discuss the highlights from the Report and share their insights with Sergei Zaslavsky and Christina Ma. Listen to this episode to learn about the most important questions facing the antitrust enforcers in the Biden administration, including the future of the consumer welfare standard, merger policy for acquisitions of nascent competitors, and more. Related Links: The Presidential Transition Report Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Sergei Zaslavsky, O'Melveny & Myers
35 minutes | 3 months ago
#102 What Is the State of the Section? A Midterm Talk With the Section Chair.
Serving as the Chair of the ABA Antitrust Law Section is the culmination of years of hard work and dedicated service to the organization and its members. What has it been like to lead an international association of antitrust and consumer protection lawyers, regulators, economists, and academics during a global pandemic? As the Section gears up for its Virtual Spring Meeting online March 23-26, 2021, Section Chair Gary Zanfagna sat down at the midpoint of his one-year term to talk to co-hosts Alicia Downey and John Roberti about the state of the Section. Listen to this episode to hear Gary's perspectives on the future of antitrust and the Section's role in shaping that future. Related Links: Gary Zanfagna Annual Spring Meeting Hosted by: John Roberti, Allen & Overy LLP and Alicia Downey, Downey Law LLC
39 minutes | 3 months ago
#101 What's Trending? Understanding What To Expect In M&A Competition Law in 2021.
Merger clearance encompasses a major portion of the practice of competition law. What are the coming trends for 2021? Ilene Gotts, one of the deans of the competition bar, joins Christina Ma and John Roberti to discuss the major issues she sees for competition law related to mergers for 2021. Listen to this episode to learn more about the key issues, trends and predictions for antitrust M&A in the next year. Hosted by: John Roberti, Allen & Overy LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz
42 minutes | 3 months ago
#100 What’s All The Fuss About? Brexit and UK Competition Law
The UK has finally left the EU and the ambit of EU law. What does this mean for competition law, merger control, subsidy control and competition litigation in the EU and UK? Anneli Howard, a UK barrister and EU law specialist, joins Matthew Hall and John Roberti to discuss the EU-UK Trade and Cooperation Agreement, WTO subsidy rules, Northern Ireland Protocol and the rest of the new legal regime. Listen to this episode to learn more about the present and future for these areas of law in the UK. Related Links: EU-UK Trade and Cooperation Agreement Guidance on the functions of the UK CMA after the end of the transition period Withdrawal of the United Kingdom and EU rules in the field of competition Protocol on Ireland and Northern Ireland WTO subsidy rules UK National Security and Investment Bill Hosted by: John Roberti, Partner, Allen & Overy LLP and Matthew Hall, Partner, McGuireWoods London LLP
34 minutes | 4 months ago
#99 What Are Best Practices for Virtual Litigation? Notes From the Field
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 Litigation Department of Foley Hoag LLP, and author of the long-running Notes from the Field column featured in Antitrust Magazine, joins Alicia Downey and John Roberti to discuss what she learned about best practice for virtual litigation from interviews with lawyers and judges across the country as well as the lessons she has learned from her own practice. Listen to this episode to hear about which virtual litigation proceedings are poised to become a permanent feature of complex civil suits and proceedings before the agencies. Related Links: Lisa Wood, Best Practices for Virtual Litigation, Antitrust, Vol. 35, No. 1 (Fall 2020) Hosted by: Alicia Downey and John Roberti
55 minutes | 4 months ago
#98 How Will It Rule? A Panel Discussion on the Supreme Court Argument in AMG Capital Management, LLC v. Federal Trade Commission.
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 special episode to learn more about the future of this important FTC remedy. Related Links: Stein Antitrust Magazine article Muris Antitrust Source Article Luib Antitrust Magazine Article Ohlhausen speech on disgorgement Ohlhausen dissent in Cardinal Health Villafranco Blog Entries on oral argument Hosted by: Gerald Stein, Norton Rose Fulbright LLP
27 minutes | 4 months ago
#97 What Happens to a Prosecution Deferred? DOJ’s Approach to Criminal Investigations
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 and Matt Harper to examine how Deferred Prosecution Agreements factor into the Antitrust Division’s criminal investigation and when Deferred Prosecution Agreements might be expected in the future. Listen to this episode to learn more about Deferred Prosecution Agreements and how the Antitrust Division uses them. Related Links: DOJ Antitrust Division - Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations Hosted by: Christina Ma and Matt Harper
43 minutes | 4 months ago
#96 Can They Really Say That? Product Denigration Under French Antitrust Law
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 to this episode to learn more about these cases and how to draw the line between illegal disparagement of rivals and factual communication of differences. Related Links: FCA's AMD (Avastin) decision September 2020 FCA's Subutex decision December 2013 FCA's Plavix decision May 2013 FCA's Durogesic decision December 2017 Hosted by: John Roberti and Matthew Hall
50 minutes | 4 months ago
#95 Who Is Ready for 2021? Year in Review: Part 3.
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 within their respective areas of expertise. Regular Our Curious Amalgam hosts Sergei Zaslavsky, John Roberti, Christina Ma, and Anora Wang, and special guest host, Ricardo Woolery, join to provide commentary and make sense of the year that was. Listen to this episode for a summary of the key antitrust and consumer protection themes of 2020. Related Links: Legislation Committee Federal Civil Enforcement Committee Exemptions and Immunities Committee Hosted by: Sergei Zaslavsky, Anora Wang and Ricardo Woolery, Christina Ma and John Roberti
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