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

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

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

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

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

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

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

This past year has been anything but a slowdown in antitrust enforcement around the world and has also put privacy and consumer protection issues in the limelight. What do you need to know? In Part Two of this three-part series, members of the International, Privacy and Information Security, and Consumer Protection committees discuss what they believe to be the key happenings and issues in 2020 and what to expect in 2021. Regular Our Curious Amalgam hosts Sergei Zaslavsky, John Roberti, Christina Ma, Matthew Hall, and Kayla Odom join to provide further context. Listen to this episode for a summary of the key international, privacy, and consumer protection themes of 2020. Related Links: #90 How Do We Respond to the Dilemma? Developing a Data Portability Solution #89 What’s the Deal with Data Portability? Understanding the Competition and Privacy Aspects Surrounding the Movement of Data. #86 Can They Really Do That? The Use of Advanced Analytics by Antitrust and Consumer Regulators Hosted by: Sergei Zaslavsky, John Roberti, Christina Ma, Matthew Hall, and Kayla Odom

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 One of a three-part series, Mergers & Acquisitions, Economics, and Insurance and Financial Services 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, Tammy Zhu, Alicia Downey, and Anora Wang join to provide commentary and make sense of the year that was. Listen to this episode for a summary of the key antitrust themes of 2020, with a particular emphasis on merger control issues. Related Links: Vertical Merger Guidelines Visa-Plaid Complaint Hosted by: Sergei Zaslavsky, John Roberti, Christina Ma, Tammy Zhu, Alicia Downey and Anora Wang

Brazilian competition law and enforcement regime is among the most active ones around the world, with a well-recognized cartel program and efforts to advocate and develop its law. How does the Brazilian system work and what are the most important elements in Brazil's competition enforcement? The Honorable Commissioner Luiz Hoffmann of Brazil's Administrative Council for Economic Defense (CADE) speaks with John Roberti and Anora Wang on the structure and progress of Brazil’s competition enforcement agency. Listen to this episode to learn about one of the most exciting competition jurisdictions. Related Links: Commissioner Luiz Hoffmann, "Hipster Antitrust and the Brazilian Legal System" (in English, published by IBRAC) Commissioner Luiz Hoffmann, contributions to the OECD 2020 Global Forum on Competition regarding abuse of dominance in digital markets (in English) Hosted by: Anora Wang, Davis Wright Tremaine LLP and John Roberti, Allen & Overy  

From mergers to monopolization investigations, state attorneys general are playing a more active role in antitrust enforcement. How are states complementing or filling the gaps in federal antitrust enforcement? Phil Weiser, Colorado Attorney General, joins Tammy Zhu and John Roberti to discuss his office's efforts and strategies to promote competition and protect consumers in Colorado. Listen to this episode to learn more about the interplay between state and federal antitrust enforcement today. Related Links: Press Release on Colorado Attorney General’s Challenge and Settlement to the UnitedHealth Group and Davita Merger, June 19, 2019 Prescription Insulin Drug Pricing Report, Colorado Department of Law, November 2020 Press Release on FitTurf Settlement for Misleading Consumers on Automatic Renewal Services, September 23, 2020 Philip J. Weiser, The Enduring Promise of Antitrust Hosted by: Tammy Zhu and John Roberti

The ongoing debate of data portability has produced many unanswered questions, resulting in a need for a more structured analysis of the issues surrounding of the movement of data. How can governments, or various sectors, industries, or companies develop solutions for data portability that encompass the often-competing goals of promoting competition and protecting privacy rights? Internationally-recognized privacy and cybersecurity expert Peter Swire joins Christina Ma and Kayla Odom to discuss his proposed framework for analyzing the issues surrounding the portability of data and evaluating initiatives on portability and other required data transfers. Listen to this episode to learn how, through the use of structured questions, the impact of data portability can be assessed. Related Links: Swire, Peter, The Portability and Other Required Transfers Impact Assessment: Assessing Competition, Privacy, Cybersecurity, and Other Considerations (September 8, 2020). Hosted by: Christina Ma, Wachtell Lipton Rosen & Katz and Kayla Odom, Freitas & Weinberg LLP

With the enactment of stronger privacy laws in Europe and California, and with the prominent use of digital platforms and intense policy debates surrounding their regulation, issues regarding what has been termed "data portability" have been brought to the forefront. What is data portability, and how is it being addressed in the law? Alex Brown and Gabe Maldoff join Christina Ma and Kayla Odom to discuss what it means for data to be "portable" and the various issues that arise when it comes to the transferability of a person's data. Listen to this episode to understand the competition, consumer protection, and cybersecurity issues that are being debated by policymakers, companies, and others when it comes to data portability. Related Links: Data To Go: An FTC Workshop on Data Portability (September 22, 2020) Comment Submitted by The American Bar Association Antitrust Law Section In Connection With “Data To Go: An FTC Workshop On Data Portability” (August 27, 2020) EU General Data Protection Regulation – Right to data portability, Article 20 California Consumer Privacy Act – Data portability requirements, Cal Civ. Code. § 1798.100(d) Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Kayla Odom, Freitas & Weinberg LLP

Screening out potential collusion and manipulation is the key to corporations’ antitrust compliance by flagging suspicious activities early and accurately, and also at a later stage of investigations or private actions. But what exactly is in a screen? The relevant economic tools are very sophisticated and evolving. There are also practical considerations in designing and applying screens, especially as more entities are embracing them. Dr. Rosa Abrantes-Metz, a Principal at The Brattle Group and leading economist in this area, joins Anora Wang and Christina Ma to discuss recent advances and the defense side’s use of these tools. Listen to this episode to get a deeper understanding of screening. Related links: Abrantes-Metz, Rosa M. and Metz, Albert, WHY SCREENING IS A “MUST HAVE” TOOL FOR EFFECTIVE ANTITRUST COMPLIANCE PROGRAMS (November 20, 2020).  Hosted by: Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz

The Women.Connected Committee of the ABA Antitrust Law Section recently inducted four prominent women in the field of antitrust into its Hall of Fame-inism. How did they overcome career challenges and gender bias to make it to the top of their field? Co-hosts Christina Ma and Alicia Downey interview Margaret Guerin-Calvert, Deborah Majoras, Lisa Phelan, and Bonny Sweeney about how they achieved (and continue to achieve) professional success and what more can be done to advance women within the antitrust bar. Listen to this episode to learn how each of these role models forged her own path to a fulfilling career in antitrust. LINKS TO THE HONOREES’ BIOS Margaret E. Guerin-Calvert Deborah P. Majoras Lisa Phelan Bonny E. Sweeney Hosted by: Christina Ma and Alicia Downey

Data and technology issues are behind many antitrust/competition and consumer law cases. How are regulators responding to this and what are their capabilities? Stefan Hunt, Chief Data and Technology Insights Officer at the UK Competition and Markets Authority (CMA), joins Christina Ma and Matthew Hall to discuss the activities of the CMA's Data, Technology and Analytics unit (DaTA). Listen to this episode to learn more about the work going on inside antitrust and consumer regulators as they use technology and data to their advantage. Related Links: Blog 1: UK CMA DaTA unit Blog 2: UK CMA DaTA unit UK CMA Online platforms and digital advertising market study UK CMA Fake and misleading online reviews trading Hosted by: Christina Ma and Matthew Hall

Antitrust is usually focused on consumers, but increasingly, effects of competition on workers have been a focus of scholarship, policy, and enforcement. What is behind the growing prominence of labor antitrust, and what can we expect going forward? Hiba Hafiz, a professor at BC Law, joins Sergei Zaslavsky and John Roberti to discuss how labor antitrust applies in different contexts and the tensions courts are grappling with in applying consumer-focused antitrust doctrine to cases involving workers. Listen to this episode for an engaging introduction to this important topic. Hiba Hafiz, Labor's Antitrust Paradox  Todd v. Exxon Corporation  DOJ and FTC 2016 Antitrust Guidance for HR Professionals  Hosted by: John Roberti, Allen & Overy and Sergei Zaslavsky, O'Melveny & Myers

Digital platforms are under immense public scrutiny, in the United States and elsewhere, leading to investigations and cases likely to be filed. But how to understand the complex antitrust analysis relevant to platforms including the measurement of power and relevant markets? And if an antitrust case is made against platforms, what’s the fix? Prof. Herbert Hovenkamp, a leading scholar, joins Anora Wang and Christina Ma to discuss the U.S. congressional investigation of platforms as reported in October 2020 and considerations that should go in the design of antitrust remedies involving platforms. Related Links: U.S. House Report on Competition in Digital Markets (October 2020) Herbert Hovenkamp, Antitrust and Platform Monopoly Hosted by: Anora Wang, Winston & Strawn LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz

Antitrust class actions are rarely tried all the way through to a jury verdict. How did a team of lawyers from Columbus, Ohio and Washington, D.C. win a defense verdict in not one, but two antitrust trials in an 18-month period? Jim King and Jay Levine talk with Alicia Downey and John Roberti about how the cases were won. Hear from their younger colleagues about the lessons they learned and the most memorable moments in the courtroom. Listen to this episode to catch up with a case that has been ongoing since 2008, with yet more twists and turns to come. Featured Guests: Allen Carter, Senior Associate, Porter Wright Morris & Arthur LLP and Arlene Boruchowitz, Associate, Porter Wright Morris & Arthur LLP Related Links: In re Processed Egg Products Antitrust Litigation, No. 19-1088 (3d Cir. June 22, 2020) Hosted by: Alicia L. Downey, Downey Law LLC and John Roberti, Partner, Allen & Overy LLP

Market definition is a core concept in antitrust law. While product markets are usually defined based on substitutability, are there situations where products that are not substitutes belong in the same market? Kevin Hahm, a partner at Hunton Andrews Kurth and a long-time FTC enforcer, joins Sergei Zaslavsky and Christina Ma to discuss bundle and cluster markets --- those unique situations where products that are not substitutes are grouped in the same market. Listen to the podcast to learn what bundle and cluster markets are and why they matter. Related Links: ProMedica Sixth Circuit Opinion  Staples II District of DC Opinion Whole Foods DC Circuit Opinion Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Sergei Zaslavsky, O'Melveny & Myers

The 54 African countries are becoming increasingly important from a competition law point of view. But can we assume the rules are the same as elsewhere? George Lipimile of COMESA and Jocelyn Katz of ENSafrica join John Roberti and Matthew Hall to discuss key issues in African competition law. Listen to this episode to learn about some of the features that make the law on the African continent unique. Related Links: COMESA Competition Commission South Africa: Babelegi excessive pricing case South Africa: Dis-Chem excessive pricing case South Africa: ENS newsflash on competition exemptions for banking and retail property sectors to support the Coronavirus fallout South Africa: ENS newsflash on the Coronavirus (COVID-19) and the Competition Act Namibian Competition Commission: update on Consumer Exploitation Complaints (May 2020) Malawi CFTC: Excessive Pricing Of Bus Services Due To Covid 19 And Enforcement Of Bus Fare Tables (June 2020) South Africa: Competition Commission’s Guidelines for the Assessment of Public Interest Provisions in Mergers Kenya: Telkom-Airtel merger review decision Nigeria: FCCP Act Namibia: Draft Competition Bill eSwatini: Draft Competition Bill Malawi CFTC: Suspected Collusive Practices And Unconscionable Conduct By Independent Schools (May 2020) South Africa: Competition Tribunal Confirms 14th Settlement In Maize Cartel Case Mauritius: Fines of Rs 76 million recommended, on two suppliers of chemical fertilisers for illegal cartel conducts International: ICN Guidance on Enhancing Cross-Border Leniency Cooperation Nigeria: Businesses tighten as Commission plans to embark on raids Hosted by: John Roberti, Partner, Allen & Overy LLP and Matthew Hall, Partner, McGuireWoods London LLP

Our Curious Amalgam is having a party and you're invited! In this special one-year anniversary episode, host Alicia Downey speaks with guests Brian Henry, immediate past chair of the ABA Antitrust Law Section, and John Roberti, the regular co-host of OCA, about how they created a podcast from scratch, including the origin story of our curious name. Listen to this episode to hear about our curious co-hosts' favorite episodes over the past year. Hosted by: Alicia Downey, Downey Law LLC

There has been substantial discussion of enhanced antitrust enforcement by what has been referred to as the “new” Brandeis School of Antitrust; but that implies that there was an original Brandeis School of Antitrust. What can we learn from this original school? Storied antitrust enforcer, academic and practitioner Tim Muris joins John Roberti and Christina Ma for a discussion of the last great effort to enhance antitrust enforcement and how it developed. Listen to this episode to learn more about the past and whether it may repeat itself. Related Links: Timothy J. Muris and J. Howard Beales III, FTC Consumer Protection at 100: 1970s Redux or Protecting Markets To Protect Consumers, 83 George Washington Law Review 2157  Timothy J. Muris and Jonathan E. Nuechterlein, Chicago and Its Discontents (with) (Forthcoming University of Chicago Law Review) Timothy J. Muris , Will the FTC’s Success Continue? Timothy J. Muris and Jonathan E. Nuechterlein, Antitrust in the Internet Era: The Legacy of United States v. A&P, 54 Rev. of Industrial Org. 651 (2019) Hosted by: Christina C. Ma, Wachtell, Lipton, Rosen & Katz and John Roberti, Allen & Overy LLP

Agriculture sits at the center of the U.S. economy and has witnessed increased consolidation in the last several decades. How can antitrust law and merger policy protect competition in agriculture, from fair terms for seed purchasers to ensuring ample processors? Mark Tobey, former special counsel for agriculture at the U.S. Department of Justice, joins Tammy Zhu and John Roberti to discuss the past, present, and future of competition concerns in agriculture. Listen to this episode to learn how to analyze an agricultural merger and issues to spot when negotiating an agtech partnership. Related Links: https://www.justice.gov/sites/default/files/atr/legacy/2012/05/16/283291.pdf Hosted by: Tammy Zhu, Legal Counsel, Medallia, Inc. and John Roberti, Partner, Allen & Overy LLP

The European Commission's EU State aid investigations into the tax ruling practices of EU countries are highly controversial - none more so than its ruling, overturned in court, that Apple pay back multi-billion Euros to Ireland. What is EU State aid law and what are these cases about? Alfonso Lamadrid, Brussels-based lawyer with Garrigues, joins Christina Ma and Matthew Hall to discuss the background to the Apple/Ireland case, the findings in the case, why it was overturned and the implications of this. Listen to this episode to learn more about the critical area of EU State aid law and its application to tax rulings in the EU. Related Links: European Commission 2016 press release on Apple/Ireland State aid decision European Commission 2016 Apple/Ireland State aid decision European Commission 2020 statement (Commissioner Vestager) on General Court judgment overturning 2016 Apple/Ireland State aid decision General Court of the European Union 2020 press release on Apple/Ireland judgment General Court of the European Union 2020 Apple/Ireland judgment Hosted by: Christina Ma, Associate, Wachtell, Lipton, Rosen & Katz and Matthew Hall, Partner, McGuireWoods London LLP

Although there is little question as to the need for affordable, accessible, and high-quality pharmaceuticals, there is immense disagreement as to how best to achieve that end. What are the key issues facing pharmaceutical antitrust enforcement today? Michael Kades, Director of Markets and Competition Policy for the Washington Center for Equitable Growth, joins Christina Ma and John Roberti to discuss the current state of pay-for-delay, the FTC's Daraprim case, FTC restitution before SCOTUS, and biologics. Listen to this episode for a quick primer on things to pass and things to come in pharmaceutical antitrust enforcement. Related Links: https://equitablegrowth.org/competitive-edge-underestimating-the-cost-of-underenforcing-u-s-antitrust-laws/ https://equitablegrowth.org/congress-adopts-historic-prescription-drug-pricing-reform/ https://www.ftc.gov/system/files/documents/cases/2020.01.27_daraprim_complaint_final_redacted.pdf https://www.supremecourt.gov/DocketPDF/19/19-825/126165/20191219140044609_No.%2019-__%20PetitionForAWritOfCertiorari%20and%20Appendix%20FTC%20v.%20Credit%20Bureau%20Center.pdf Hosted by: Christina Ma, Associate, Wachtell Lipton Rosen & Katz and John Roberti, Partner, Allen & Overy

Battles in the pharmaceutical antitrust world have been increasingly heated, and to a great extent rightly so, as people have devoted more attention to this space in the past decades. But as measured against the U.S. antitrust laws, what has changed or will change in the scrutiny of pharmaceutical companies’ conduct? Eric Grannon, a leading defense practitioner, joins Anora Wang and John Roberti to discuss three main areas—reverse payment, product hopping, and class certification—that get the most heat. Listen to this episode to learn what is about to come in the U.S. pharmaceutical antitrust wars. Related Links: Watson Pharmaceuticals, Inc., et al. (FTC v. Actavis) Hosted by: John Roberti, Allen & Overy LLP and Anora Wang, Winston & Strawn LLP

U.S. antitrust dealing with tech ranges from early government cases involving punch cards to the current government probe into various platforms. But while the tech evolves, has the antitrust concern with monopolization by big tech changed? Prof. Randy Picker, a leading scholar studying antitrust and tech, joins Anora Wang and John Roberti to discuss the once epic, 13-year-long, U.S. antitrust case against IBM, and whether antitrust actions could have impacted the tech landscape for decades to come. Listen to this episode if you wonder whether the antitrust past will repeat itself in the tech world. Related Links: United States' Memorandum On The 1969 Case Hosted by: John Roberti, Allen & Overy LLP and Anora Wang, Winston & Strawn LLP

Privacy and competition both have been hot subjects, especially when discussing the new digital economy. But will the two doctrines inevitably converge, or are they in fundamental tension with each other? FTC Commissioner Noah Phillips joins Sergei Zaslavsky and John Roberti to discuss this timely subject and share his views on when privacy should (and should not) play a role in antitrust analysis. Listen to this episode for Commissioner Phillips' take on privacy considerations in merger review, differences between privacy and price competition, federal privacy legislation, and more. Related Links: Commissioner Phillips' January 30, 2020 Speech - "Should We Block This Merger? Some Thoughts on Converging Antitrust and Privacy" Hosted by: John Roberti, Allen & Overy and Sergei Zaslavsky, O'Melveny & Myers

The Federal antitrust laws reach the entire United States. But what is the state of antitrust law outside of the largest metropolitan areas? Longtime ABA Antitrust Law Section members Marguerite Willis and Travis Wheeler of Nexsen Pruet in South Carolina join John Roberti and Kayla Odom to discuss what it's like to build an antitrust law practice in a smaller antitrust community and how antitrust law in the South has changed over the last decades. Listen in for perspectives from these pioneering practitioners and for tips all practitioners can use in their antitrust law practice. Hosted by: John Roberti, Allen & Overy LLP and Kayla Odom, Freitas & Weinberg LLP

Many discussions on U.S. merger control focus on proposals of drastic changes. But can U.S. merger enforcement be improved by just having the agencies committed to making better use of their exiting tools? John Kwoka, a leading economist and antitrust scholar, joins Anora Wang and John Roberti to discuss the weaknesses of U.S. merger enforcement, the role of the merger guidelines as tools available to the agencies, and specific areas for improvement. Listen to this episode to learn about the past, present, and future enforcement of U.S. antitrust agencies as measured against their merger guidelines. Related Links: Horizontal Merger Guidelines (08/19/2010) Hosted by: John Roberti, Allen & Overy LLP and Anora Wang, Winston & Strawn LLP

The implications of a merger are measured against the situation without the transaction going ahead. But what happens when the business being taken over is in difficulties? Courtney Dyer of O'Melveny & Myers in Washington, DC and Nicholas Levy of Cleary Gottlieb in London join Matthew Hall and John Roberti to discuss the application of the merger control rules to failing firms, including the impact of the coronavirus pandemic. Listen to this episode to learn more about the failing firm "defense" in merger control in the U.S., EU, UK and elsewhere. Related Links: Summary of UK CMA’s position on mergers involving ‘failing firms’ (April 2020) UK CMA investigation of Amazon's investment in Deliveroo (2020) EU Guidelines on the assessment of horizontal mergers under the Council Regulation on the control of concentrations between undertakings (2004) U.S. DoJ and FTC horizontal merger guidelines (2010) Hosted by: Matthew Hall, Partner, McGuireWoods London LLP and John Roberti, Partner, Allen & Overy LLP

Private litigation over consummated merger is interesting, as such suits are rare and consummated deals are harder to challenge, as a common saying goes— you can't unscramble a scrambled egg. But have some recent developments found a new way for private litigants to challenge? Jack Martin, leading litigator in relevant cases, joins Anora Wang and John Roberti to discuss the statutes of limitations, remedy, standing, agency (in)action, and advocacy in front of a judge or a jury. Listen to this episode to learn about some lesser-known aspects of private litigation challenging consummated merger. Related Links: Brief for the United States of America as Amicus Curiae in Support of Appellee Steves and Sons, Inc. (August 23, 2019) (Steves & Sons, Inc. v. JELD-WEN, Inc) Hosted by: John Roberti, Partner, Allen & Overy LLP and Anora Wang, Associate, Winston & Strawn LLP

Rules on foreign direct investment (FDI) around the world are continually being tightened. Why is this happening, what are the new restrictions and how can companies and their advisers navigate through these rocks? Lisa Wright of Slaughter and May in London and Cal Goldman of Goodmans in Toronto join Matthew Hall and John Roberti to discuss the evolving FDI landscape in the EU, UK, Canada and elsewhere. Listen to this episode to learn more about the increasingly important area of FDI controls and how to manage the process. Related Links: European Commission WHITE PAPER on leveling the playing field as regards foreign subsidies (June 2020) European Commission guidance on FDI and free movement of capital ahead of the FDI Screening Regulation (March 2020) Regulation(EU) 2019/452 of the European Parliament and of the Council (FDI Screening Regulation) (March 2019) UK BEIS guidance on Changes to the public interest grounds for intervention in merger cases (June 2020) UK BEIS guidance on Changes to Turnover and Share of Supply Tests for Mergers (June 2018) Hosted by: John Roberti, partner, Allen & Overy LLP and Matthew Hall, partner, McGuireWoods London LLP

Merger trials are always fascinating, and Sprint-T-Mobile was a particularly interesting and important case. How did the merging parties rebut the Government's case and convince the district court to allow the merger to proceed? Two lawyers who played a key part in engineering the defense, George Cary and Lindy Bernhardt from Cleary Gottlieb, join hosts John Roberti and Sergei Zaslavsky to provide an insider's view of this merger defense. Listen to this episode to learn about how to defend a merger when the Government has the structural presumption on its side. Related Links: Sprint - T-Mobile merger district court opinion Hosted by: John Roberti, Partner, Allen & Overy and Sergei Zaslavsky, Counsel, O'Melveny & Myers

Developing leadership skills is critical to success in the workplace and various social settings. But how does a person or an organization cultivate effective leadership? Michelle Ray, author, educator and keynote speaker on personal and organizational leadership, joins Ricardo Woolery and John Roberti to discuss developing the leadership skills to overcome indecision, motivate others to achieve collective goals and navigate professional relationships in the modern workplace. Listen to this episode to learn more about how good leaders motivate themselves and others, recover from mistakes, and how businesses choose effective leaders and get the best out of their employees. Related Links: Michelle Ray, Lead Yourself First! Indispensable Lessons in Business and in Life Michelle Ray's website LinkedIn, 50 Great Leadership Development Resources for Self-directed Learning Hosted by: John Roberti, Allen & Overy LLP and Ricardo Woolery, Skadden, Arps, Slate, Meagher & Flom LLP

States play an important role in enforcing the antitrust laws in the United States. How do they work together among themselves and with federal antitrust agencies? How does the National Association of Attorneys General (NAAG) lead or facilitate relevant efforts? Sarah Oxenham Allen, Chair of the NAAG’s Antitrust Task Force, and a Senior Assistant Attorney General and Antitrust Unit Manager with the Virginia AG’s office, joins John Roberti and Anora Wang, for a discussion on the federal-state inter-agency work for antitrust enforcement. Listen to this podcast to learn more about how more than 50 antitrust enforcers in the United States work together to try to develop a coherent enforcement policy. Related Links: NAAG's Antitrust Committee Hosted by: John Roberti, Allen & Overy LLP and Anora Wang, Winston & Strawn LLP

Climate change is one of the most pressing issues facing the world and responses are needed. Is antitrust/competition law part of the problem or can it be part of the solution as companies and governments react? Emma Cochrane of law firm Linklaters in London joins Matthew Hall and John Roberti to discuss the application of EU and UK competition, merger control and State aid law to climate change both now and in the future. Listen to this episode to learn more about the role that competition law may play in driving measures to slow climate change. Related Links: Episode 16 of Our Curious Amalgam, considering the issue under US law Article on law and social responsibility from New York Law Journal Article on Climate Change, Sustainability and Competition Speech by European Commissioner for Competition Margrethe Vestager Hosted by: Matthew Hall, McGuireWoods London LLP, London, UK and John Roberti, Allen & Overy, Washington, D.C.

Digital platforms host more and more of our daily activities. Many are free and seem to cost nothing other than the users’ attention. How do we understand the economics of the “free” and its antitrust implications? Prof. John Yun, Director of Economic Education at the Global Antitrust Institute (GAI) at George Mason University, joins John Roberti and Anora Wang, for a discussion on concepts including “disutility,” “diversion ratio,” “attention market,” and “contestable market,” all put in layman’s terms. Listen to this podcast to learn more about the price of something in our daily lives that appears to be free. Related Links: The Global Antitrust Institute (GAI) at George Mason University Hosted by: John Roberti, Allen & Overy LLP and Anora Wang, Winston & Strawn LLP

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! Lawyers, economists, and regulators have continued to weigh in on the extent to which institutional investors’ holdings of minority interests in multiple competitors raise competition issues. Our panelists will discuss whether (and if so, when) such holdings actually raise potential antitrust issues and whether any such issues can be addressed by existing law. SESSION CHAIR Amanda NORTON, Sidley Austin LLP, Washington, DC MODERATOR Amanda L. WAIT, Norton Rose Fulbright US LLP, Washington, DC SPEAKERS Andrew C. FINCH, Paul Weiss LLP, Washington, DC The Honorable Douglas H. GINSBURG, Senior Circuit Judge, U.S. Court of Appeals for the District of Columbia Circuit, Washington, DC Fiona M. SCOTT MORTON, Yale University, New Haven, CT Edith RAMIREZ, Hogan Lovells US LLP, Washington, DC

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! From record fines to novel theories of harm, the FTC has pursued vigorous consumer protection enforcement under Chairman Simons. This panel will discuss recent FTC enforcement and priorities, including impacts, if any, of COVID-19 on enforcement priorities, as well as in the areas of privacy, data security, marketing, advertising, and fintech, consider whether FTC enforcement has expanded in reach, and implications for future CP enforcement. SESSION CHAIR/MODERATOR Kay Lynn BRUMBAUGH, Chief Legal Officer & Secretary, GIACT Systems LLP, Dallas, TX SPEAKERS Terrell MCSWEENY, Covington & Burling LLP, Washington, DC Christie THOMPSON, Kelley Drye & Warren LLP, Washington, DC Serena VISWANATHAN, Acting Deputy Director, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC Thomas F. ZYCH, Thompson Hine LLP, Cleveland, OH

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’ future growth and relevance? Is vertical digital platform integration welfare-enhancing or a means of restricting competition? SESSION CHAIR/MODERATOR Gabrielle Z.A. KOHLMEIER, Associate General Counsel, Verizon Communications, Washington, DC SPEAKERS Cristina CAFFARRA, Charles River Associates, Brussels Thomas KRAMLER, Head of Unit, DG Competition, European Commission, Brussels The Honorable Noah J. PHILLIPS, Commissioner, Federal Trade Commission, Washington, DC Craig A. WALDMAN, Jones Day, San Francisco, CA

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-MODERATOR Brian K. GRUBE / Jones Day, Cleveland, OH CO-MODERATOR Renata B. HESSE / Sullivan & Cromwell LLP, Washington, DC SPEAKERS Olivier GUERSENT / Director-General, DG Competition, European Commission, Brussels D. Bruce HOFFMAN / Cleary Gottlieb Steen & Hamilton LLP, Washington, DC The Honorable Rebecca SLAUGHTER / Commissioner, Federal Trade Commission, Washington, DC Kent WALKER / Senior Vice President, Global Affairs, Google, Mountain View, CA

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 a presiding judge, experienced litigators, and in-house counsel to learn how to navigate these issues and help grow the next generation of trial lawyers. SESSION CHAIR/MODERATOR Jodie M. WILLIAMS, Legal Counsel, Qualcomm Inc., San Diego, CA SPEAKERS The Honorable Bernice B. DONALD, Judge, U.S. Court of Appeals for the Sixth Circuit, Memphis, TN Megan JONES, Hausfeld LLP, San Francisco, CA Veronica S. LEWIS, Gibson Dunn & Crutcher LLP, Dallas, TX

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 of the Spring Meeting. Don’t miss it! SESSION CHAIR/CO-MODERATOR Brian R. HENRY / Vice President & Senior Managing Counsel, The Coca-Cola Company, Atlanta, GA CO-MODERATOR Adam J. BIEGEL / Alston & Bird LLP, Washington, DC SPEAKERS Sarah OXENHAM ALLEN / Senior Assistant Attorney General and Antitrust Unit Manager, Office of the Attorney General, Richmond, VA Matthew BOSWELL / Commissioner of Competition, Canadian Competition Bureau, Gatineau The Honorable Makan DELRAHIM / Assistant Attorney General, U.S. Department of Justice, Antitrust Division, Washington, DC The Honorable Joseph SIMONS / Chairman, Federal Trade Commission, Washington, DC Margrethe VESTAGER / Commissioner, European Commission, Brussels

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 from the Big Tech investigations, drawing comparisons to past investigations of companies that were thought to be Too Big to Break Up. SESSION CHAIR / MODERATOR Anant RAUT / Director of Competition Policy, Facebook, Washington, DC SPEAKERS Nicholas BANASEVIC / Head of Unit, DG Competition, European Commission, Brussels William E. KOVACIC / George Washington University, Washington, DC Maureen K. OHLHAUSEN / Baker Botts LLP, Washington, DC

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 of interest, informed consent, multiple representation, joint defense agreements, preservation of client confidences, and others. SESSION CHAIR/MODERATOR Douglas M. TWEEN, Linklaters LLP, New York, NY SPEAKERS Patricia A. CONNERS, Deputy Attorney General, Office of the Attorney General, Tallahassee, FL Danielle S. HAUGLAND, Global Director, Business Development, Integreon, Seattle, WA Eric M. MEIRING, Winston & Strawn LLP, Washington, DC Patrick S. THOMPSON, Perkins Coie LLP, San Francisco, CA

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 competition, consumer protection, and regulatory issues across the country. MODERATOR Kathleen E. FOOTE, Senior Assistant Attorney General & Antitrust Chief, Office of the Attorney General, San Francisco, CA SPEAKER Jeff CHEN, MD/MBA and Director of the University of California Los Angeles Cannabis Research Initiative, Jane and Terry Semel Institute for Neuroscience and Human Behavior, Los Angeles, CA