Litigation funding (also known as third party funding or litigation finance) is funding provided by a third party unconnected to the litigation (or arbitration) in order to finance all or part of the legal and other costs arising, in return for a share of any proceeds. But how does litigation funding change the nature of the litigation game, both in the United States and United Kingdom? Rosemary Ioannou, Regional Managing Director, UK, Vannin Capital, and Andrew Woltman, Founder & Managing Director, Statera Capital join Matthew Hall and John Roberti to explain how litigation funding changes the litigation game. Listen to this episode to learn more about the impact of future of litigation funding, including how it turns claims into assets. Related Links: Association of Litigation Funders (UK) Hosted by: John Roberti, Allen & Overy LLP and Matthew Hall, McGuireWoods London LLP

Companies are increasingly relying on artificial intelligence technologies to guide product pricing, output and innovation decisions. But does this practice raise antitrust enforcement concerns? Kelly Smith Fayne, a San Francisco-based antitrust lawyer, joins Ricardo Woolery and John Roberti to discuss how the use of artificial intelligence impacts enforcement of collusive conduct that harms consumers. Listen to this episode to learn more about the enforcement risks artificial intelligence raises for companies as well as the challenges and tools it presents for antitrust enforcers. Related Links: Karen Silverman, Kelly Smith Fayne, Timothy Snyder, “Antitrust Intelligence: Six Tips for Talking to AI Developers about Antitrust"  Bruce Hoffman (2018), "Competition and Consumer Protection Implications of Algorithms, Artificial Intelligence, and Predictive Analytics" OECD (2017), "Algorithms and Collusion: Competition Policy in the Digital Age"  Hosted by: John Roberti, Partner, Allen & Overy LLP and Ricardo Woolery, Associate, Skadden, Arps, Slate, Meagher & Flom LLP

In our democracy, it is critical for the government to be held accountable for how it performs its mission. Has enforcement by the U.S. antitrust agencies diminished and how has that impacted competition? Diana Moss and Randy M. Stutz, AAI's Vice President of the American Antitrust Institute join John Roberti and Anora Wang, for a discussion of AAI's report assessing the state of the antitrust enforcement, in the context of current competitive conditions. Listen to this episode to learn more about the state of competition law enforcement from the perspective of a pro-enforcement organization. Related Links: Antitrust Enforcement Report Hosted by: Anora Wang, Winston & Strawn LLP and John Roberti, Allen & Overy LLP

In the antitrust bar, there are many litigations but few trials. Many antitrust cases are settled and some of the highest damages are obtained through class actions. In practice, how do antitrust class actions settle and what's involved in the process? What are some important actors and tools in reaching the settlement? Megan Jones, partner at the law firm Hausfeld, speaks with John Roberti and Anora Wang about the risks on both sides in a settlement and the difficulties to get to a common place. Listen to this episode to learn about the ways to successfully settle antitrust class actions. Hosted by: John Roberti, Partner, Allen & Overy LLP and Anora Wang, Associate, Winston & Strawn LLP

Recent economic research has examined potential killer acquisitions in the U.S., and regulators here and abroad have expressed competition concerns about acquisitions of startups. But innovation is a difficult and uncertain process. This panel explores hot topics, patent thickets, biologics, and the revamped UK CMA approach in a broader discussion of the renaissance of innovation theories of harm. SESSION CHAIR / MODERATOR / SPEAKER E. Bill BATCHELOR / Skadden Arps Slate Meagher & Flom LLP, Brussels SPEAKERS Deborah FEINSTEIN / Arnold & Porter, Washington, DC W. Robert MAJURE / Cornerstone Research, Washington, DC James R. WEISS / Deputy Assistant Director, Mergers I, Federal Trade Commission, Washington, DC

Antitrust interfaces with both international trade and intellectual property in complex ways. Multinational companies often face challenges that involve all three areas, while law firm practice groups tend to be siloed. This program brings together antitrust and trade experts who will explore these issues, as well as the unfair competition mandate of the International Trade Commission. SESSION CHAIR / MODERATOR D. Daniel SOKOL / White & Case LLP, Miami, FL SPEAKERS H. Stephen HARRIS / Winston & Strawn LLP, Washington, DC Youngjin JUNG / Kim & Chang LLP, Seoul Shuli RODAL / Osler Hoskin & Harcourt LLP, Toronto Laurent RUESSMANN / FieldFisher LLP, Brussels

It has been said that conflicting expert testimony merely “cancels” each expert out: that experts can lose, but not win, a case. Are these mantras valid? What are the secrets to effective expert testimony? What mixture of “honest broker” and “advocacy” is the right one? Is the expert a “narrator” of facts or a hammer for ultimate issues? SESSION CHAIR / MODERATOR Ian SIMMONS / O’Melveny & Myers LLP, Washington, DC SPEAKERS Belinda S. LEE / Latham & Watkins LLP, San Francisco, CA Robert MANESS / Charles River Associates, College Station, TX Scott A. MARTIN / Hausfeld LLP, New York, NY Lauren STIROH / NERA Economic Consulting, White Plains, NY

During this time of unprecedented divergence between state and federal antitrust enforcers, the panel will examine the legal framework and context for different investigation and enforcement perspectives, recent cases and settlements, and how to navigate investigations, negotiations, or enforcement actions where the procedural posture or relief sought by federal and state enforcers differs. SESSION CHAIR / MODERATOR Melanie A. HALLAS / Assistant Vice President – Senior Legal Counsel, AT&T Services, Incorporated, Washington, DC SPEAKERS Michael COWIE / Dechert LLP, Washington, DC David I. GELFAND / Cleary Gottlieb Steen & Hamilton LLP, Washington, DC Elinor R. HOFFMANN / Acting Chief, Antitrust Bureau, Office of the Attorney General, New York, NY Amanda P. REEVES / Latham & Watkins LLP, Washington, DC

No-poach agreements remain uncertain territory. This panel will take a practical look at the challenges in assessing risk and counseling clients regarding these agreements, including the applicable standard of review, risks of proof at trial, harm and injury, and prosecutorial discretion. SESSION CHAIR / MODERATOR Adam HEMLOCK / Weil Gotshal & Manges LLP, New York, NY SPEAKERS Mark H. HAMER / Baker McKenzie LLP, Washington, DC Dean M. HARVEY / Lieff Cabraser Heimann & Bernstein LLP, San Francisco, CA Susan A. MUSSER / Hogan Lovells US LLP, Washington, DC Rahul RAO / Assistant Attorney General, Antitrust Division, Office of the Attorney General, Seattle, WA

This past year was a year full of important developments for regulators and self-regulators on cutting-edge domestic and international consumer protection enforcement issues, including native advertising, endorsements, consumer reviews used for claims substantiation, privacy, data security, and more. Hear from experts and the people in the trenches regarding current enforce- ment and policy priorities and initiatives. SESSION CHAIR/MODERATOR/SPEAKER Deon WOODS BELL, Senior International Attorney - Counsel for International Consumer Protection and Data Privacy, Federal Trade Commission, Washington, DC SPEAKERS Joanna BOLTON, Legal Director, Dell Inc., Washington, DC Gustav W. EYLER, Director, Consumer Protection Branch, U.S. Department of Justice, Civil Division, Washington, DC Anahid UGURLAYAN, Assistant Director of Communications, National Advertising Division, Better Business Bureau National Programs, Inc., New York, NY

This panel will discuss the status of federal and state privacy legislation and other policy proposals in the United States, and how they may shift in the wake of the pandemic. How does the balance between privacy and other social welfare interests shift in a crisis? Will privacy enforcement priorities shift? Will there be a stronger push for harmonization with foreign privacy laws and policies? SESSION CHAIR/MODERATOR Christopher N. OLSEN, Wilson Sonsini Goodrich & Rosati, Washington, DC SPEAKERS Maneesha MITHAL, Associate Director, Division of Privacy and Identity Protection, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC Alison PEPPER, Senior Vice President, American Association of Advertising Agencies, Washington, DC Jessica RICH, Attorney, Washington, DC Lee TIEN, Senior Staff Attorney & Adams Chair for Internet Rights, Electronic Frontier Foundation, San Francisco, CA

Antitrust enforcers are facing calls for more active merger enforcement, particularly in the tech sector. Is more enforcement necessary? If so, are existing antitrust concepts and tools up to the task? For nascent acquisitions, how can competitive effects be assessed including impact on innovation or ability to disrupt, and what remedies should or could be considered for prior acquisitions? SESSION CHAIR/MODERATOR Haidee L. SCHWARTZ, Akin Gump Strauss Hauer & Feld LLP, Washington, DC SPEAKERS Foad HOSEINIAN, Sullivan & Cromwell LLP, Brussels Diana L. MOSS, President, American Antitrust Institute, Washington, DC Carl SHAPIRO, Charles River Associates, Berkeley, CA The Honorable Christine S. WILSON, Commissioner, Federal Trade Commission, Washington, DC

This past year saw an increasing number of jurisdictions around the world opening investigations or taking enforcement actions involving Big Data. Has data become the new oil that drives the global economy? Is Big Data no longer just the province of consumer protection? What role should data play in antitrust analyses of mergers or business conduct? What role should antitrust have in regulating Big Data? SESSION CHAIR/MODERATOR Ankur KAPOOR, Constantine Cannon LLP, New York, NY SPEAKERS Vandy M. HOWELL, Cornerstone Research, San Francisco, CA Andreas MUNDT, President, Bundeskartellamt, Bonn The Honorable W. Kenneth PAXTON, Attorney General, Office of the Attorney General, Austin, TX Peter SWIRE, Alston & Bird LLP, Atlanta, GA

Until recently, global cartel investigations dominated the headlines, and it seemed clear that coordinated international enforcement would be the wave of the future. But with the recent decline in blockbuster investigations, many question whether this trend has played itself out and, if so, what lies in store. SESSION CHAIR/MODERATOR J. Brent JUSTUS, McGuireWoods LLP, Richmond, VA SPEAKERS Heather S. NYONG’O, WilmerHale LLP, San Francisco, CA Lisa M. PHELAN, Morrison & Foerster LLP, Washington, DC Marisa TIERNO CENTELLA, Deputy Head of Unit Cartels, European Commission, Brussels Atsushi YAMADA, Anderson Mori & Tomotsune, Tokyo

In recent years, the consumer welfare standard has been heavily criticized by some as too weak or simply inadequate to address the complex antitrust issues raised by the modern economy. But what alternatives exist? Tim Wu, author of The Curse of Bigness: Antitrust in the New Gilded Age and Julius Silver Professor of Law, Science and Technology at Columbia Law School, joins Christina Ma and John Roberti to discuss what hipster antitrust is and its potential for reshaping how we think about the consumer welfare standard or replacing it. Listen to this episode if you want to think critically about the changes needed, if any, to antitrust policy. Related Links: https://www.law.columbia.edu/news/2018/11/tim-wu-curse-of-bigness-antitrust https://www.wired.com/story/tim-wu-says-us-must-enforce-antitrust-laws/ Hosted by: Christina Ma, Associate, Wachtell Lipton and John Roberti, Partner, Allen & Overy

Smart speakers are becoming more and more popular. What laws might come in play facing increasing privacy concerns in the use of smart home devices? Join Phyllis H. Marcus, Co-Chair of the ABA Antitrust Law Section’s Privacy and Information Security Committee, former Chief of Staff for advertising practices at the Federal Trade Commission, and currently a partner at the law firm Hunton Andrews Kurth, as she speaks with John Roberti and Anora Wang about the privacy concerns over using smart devices and possible legal issues and solutions. Listen to this episode to learn more about actions the enforcers might be taking or considering while more homes are “connected.” Related Links: 2019 bill introduced in Congress (The Internet of Things Cybersecurity Improvement Act) to set a minimum security standard for the Internet-of-Things (IoT) devices procured by the federal government California law regulating security of "connected devices" Oregon law regulating security of "devices connected to the Internet" Hosted by: John Roberti, Partner, Allen & Overy LLP and Anora Wang, Associate, Winston & Strawn LLP

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 Roberti to discuss recent cases and policy directions, including several cases based on allegations of abuse of dominance by pharmaceutical companies. Listen to this episode to learn more about how EU competition/antitrust law can be one part of the toolbox available to investigate and deal with the issue of excessive pricing in pharmaceuticals. Related Links: European Commission opens formal investigation into Aspen Pharma's pricing practices for cancer medicines UK Competition and Markets Authority: Phenytoin sodium capsules: suspected unfair pricing European Court of Justice: Case C-307/18 Generics (UK) and Others UK Competition and Markets Authority: Remicade: alleged abusive discount scheme Hosted by: John Roberti, Partner, Allen & Overy, LLP and Matthew Hall, Partner, McGuireWoods London LLP

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 key differences between U.S. and Canadian antitrust law and jurisprudence. Listen to this episode if you want to learn more about the nuances in practicing cross-border North American competition law. Related Links: Doing Business in Canada: Competition Act and Law in Canada Hosted by: John Roberti, Partner, Allen & Overy and Christina Ma, Associate, Wachtell Lipton

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 experts Melanie Teplinsky and Mehboob Dossa join Kayla Odom and John Roberti to discuss how this right is being exercised in the EU and to explore from both American and European perspectives how the individual’s right to privacy can be balanced with the public’s right to access. Listen to this episode to learn more about how the principles of privacy law differ across the Atlantic, and how they can be harmonized. Related Links: EU General Data Protection Regulation (“GDPR”), Article 17, Right to Erasure (‘Right to be Forgotten’) (effective May 2018) Court of Justice of the European Union, Press Release No. 112/19, Google LLC v. Commission nationale de l’informatique et des libertés (CNIL) (Sept. 24, 2019) Court of Justice of the European Union, Press Release No. 128/19, Eva Glawischnig-Piesczek v. Facebook Ireland Limited (Oct. 3, 2019) U.S. Children’s Online Privacy Protection Rule (“COPPA”) California “Eraser Button Law” (SB 586) (effective January 1, 2015) California Consumer Privacy Act (“CCPA”) Hosted by: John Roberti, Partner, Allen & Overy and Kayla Odom, Associate, Freitas & Weinberg

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) may be paying the price for dominance. Listen to this episode if you want to learn more about antitrust analysis in unexpected places. Related Links: https://mattstoller.substack.com/ Hosted by: Danielle Haugland, Global Director, Business Development Integreon and John Roberti, Allen & Overy LLP

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 public it was not an easy case at all, and Apple and the publishing company defendants found supporters all across the political spectrum. Chris Sagers, distinguished professor and author of United States v. Apple: Competition Policy in America, joins us in taking a closer look at the eBooks case and the public’s perception of the role of antitrust laws. Related Links: Chris Sagers, United States v. Apple: Competition in America (Harvard University Press, Sept. 17, 2019) United States v. Apple, Inc., 952 F. Supp. 2d 638 (S.D.N.Y 2013) United States v. Apple, Inc., 791 F.3d 290 (2d Cir. 2015) More from our guest, Chris Sagers Hosted by: John Roberti, Allen & Overy LLP and Kayla Odom, Freitas & Weinberg LLP

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 about using social media and other tools at your disposal to build your brand within our competitive field. Related Links: https://karenwickre.com/ Hosted by: Deona Kalala, Alston & Bird LLP and John Roberti, Allen & Overy LLP

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. Related Links: The Fortune 500 Has More Female CEOs Than Ever Before Q&A with Lisa Phelan Hosted by: John Roberti, Partner, Allen & Overy LLP and Tammy Zhu, Legal Counsel, Medallia, Inc.

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 about the “perception deception,” “proof goof,” “disclosure delusion,” and “tech trap.” Related Links: Advertising FAQ's: A Guide for Small Business Hosted by: John Roberti, Partner, Allen & Overy LLP and Anora Wang, Associate, Winston & Strawn LLP

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 network effects; this one mixes in Fiddler on the Roof, Woody Allen, Werner Herzog, and Joseph Schumpeter's thesis advisor. Listen to this episode for an engaging conversation that is educational and entertaining in equal measure. Related Links: The Four Vs of Big Data Daniel Sokol and Roisin Comerford, Antitrust and Regulating Big Data Hosted by: John Roberti, Partner, Allen & Overy and Sergei Zaslavsky, Counsel, O'Melveny & Myers

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 test. Hosted by: Christina Ma, Associate, Wachtell Lipton and John Roberti, Partner, Allen & Overy LLP

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, quasi safe harbors, and EDM (hint - it's not electronic dance music). Related Links: Draft Vertical Merger Guidelines Hosted by: John Roberti, Partner, Allen & Overy and Sergei Zaslavsky, Counsel, O'Melveny & Myers

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 episode to learn more about how competition experts think about high drug prices and calls for greater antitrust and competition law enforcement to regulate them. Related Links: Harry First, Excessive Drug Pricing as an Antitrust Violation, 82 Antitrust Law Journal 701 (2019) U.S. Dep't of Justice, Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act, Chapter 1 (2008)  A Brief Overview of the Federal Trade Commission's Investigative, Law Enforcement, and Rulemaking Authority, Section II(2) Overview of Article 102 of the Treaty on the Functioning of the European Union Hosted by: John Roberti and Ricardo Woolery

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 years to come. Related Links: Apple v. Pepper SCOTUS decision  Ohio v. American Express SCOTUS decision  FTC v. Actavis SCOTUS decision  FTC/DOJ Rift Over Qualcomm Hosted by: Christina Ma, Associate, Wachtell Lipton and John Roberti, Partner, Allen & Overy LLP

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, and more. Listen to this episode to learn how to use social media to enhance your practice and become a leader. Related Links: Mark Schaefer on "Only We" Hosted by: John Roberti, Partner, Allen & Overy LLP (Washington DC office) and Anora Wang, Associate, Winston & Strawn LLP (Washington DC office)

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 distribution. Listen to this program if you want to learn more about the risks of vertical pricing policies. Related Links: ABA Pricing Conduct Committee  Hosted by: John Roberti, Allen & Overy LLP and Elyse Dorsey, Federal Trade Commission

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. Jennifer Marsh, a London-based partner with law firm K&L Gates discusses the recent cases and their implications with Matthew Hall of McGuireWoods and John Roberti of Allen & Overy. Hosted by: Matthew Hall of McGuireWoods and John Roberti of Allen & Overy

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 law issues raised by e-gaming and the new challenges they bring. Listen to this episode to learn more about the nuance of sports competition law applied in an innovative context. Related Links: Note on E-Sports and Antitrust Link to the ABA Antitrust Law Section Trade, Sports and Associations homepage Hosted by: John Roberti, Allen & Overy LLP and Michele Lee, Twitter

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 cartel decision by a regulator is now followed by a damages claim from customers. However, cartel damages claims are far from the only types of claim being brought. Mat Hughes, a leading London-based economist with AlixPartners, discusses the key issues raised when valuing and arguing loss in private antitrust litigation outside the U.S., from both the claimants’ and defendants’ points of view. Hosted by: John Roberti, Allen & Overy LLP and Matthew Hall, McGuireWoods London LLP

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 Huang Waszmer about how companies can use data that is in their systems. Listen to this episode to learn more about how to design a more effective compliance program. Related Links: AAG Speech on Compliance DOJ Antitrust Division Corporate Compliance Guidance  Hosted by: Wendy Waszmer, Wilson Sonsini Goodrich & Rosati and John Roberti, Allen & Overy LLP

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' challenge of the T-Mobile/Sprint merger, gender diversity in antitrust law, role of economists in a shifting antitrust landscape, and more. Listen to this episode for an entertaining and wide-ranging discussion of everything from the role of antitrust enforcement in digital platforms to "verticalization." Related Links: Merger Enforcement Big Tech CVS Aetna AAI Letter AAI USAir AA Efficiencies Hosted by: John Roberti, Partner, Allen & Overy LLP and Tammy Zhu, Legal Counsel, Medallia

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, talks about how agreements to do good can go bad under the antitrust laws. Listen to this episode if you want to learn about how to draw the lines to ensure compliance. Related Links: Article on investigation into California emissions FTC Blog post, Doing Good Well FTC Staff Report on the Noerr-Pennington Doctrine Hosted by: John Roberti, Allen & Overy LLP and Elyse Dorsey, Federal Trade Commission

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 overlooking, and what historical trends can tell us about the current state of competition in the tech sector. Listen to this episode for a discussion of Big Tech that touches on everything from entry conditions to data portability to coffee in government meetings. Related Links: List of Alphabet acquisitions Data Transfer Project Hosted by: John Roberti, Partner, Allen & Overy and Sergei Zaslavsky, Counsel, O'Melveny & Myers

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, merger retrospectives, the value of dissents, the use of presumptions in merger cases, and more. Listen to this episode for an entertaining and wide-ranging discussion of everything from agency clearance battles to wrestling holds. Related Links: Edith Ramirez Speech on FTC Merger Retrospectives Josh Wright Ardagh Dissent Josh Wright Dollar Tree Dissent Hosted by: John Roberti, Allen & Overy and Sergei Zaslavsky, O'Melveny & Myers

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-Daniel speak with John Roberti and Wendy Huang Waszmer about how companies can design a compliance program to detect violations. Listen to this episode to learn more about DOJ's compliance guidance. Related Links: Remarks as Prepared for Delivery Guidance Document Hosted by: John Roberti, Allen & Overy and Wendy Huang Waszmer, Wilson Sonsini Goodrich & Rosati

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 investigations and the steps that can be taken to avoid them. Related Links: National Advertising Division International Association of Better Business Bureaus Federal Trade Commission's Consumer Sentinel Network Federal Trade Commission, Division of Advertising Practices Hosted by: John Roberti, Partner, Allen & Overy LLP and Ricardo Woolery, Associate, Skadden, Arps, Slate, Meagher & Flom LLP

One of the highest stake antitrust cases are merger trials. Katrina Robson speaks with John Roberti and Anora Wang about putting together the evidence and telling a compelling story in merger trials, and what makes a difference. In merger trials, putting together the evidence and telling a compelling story is critical. Our guest, Katrina Robson, has been involved in a number of merger trials. In this episode, she speaks with John Roberti and Anora Wang about what makes a difference in these trials. Listen to this episode to learn more about preparing and living through these trials. Related Links: DOJ Study on Customer Testimony AT&T Time Warner Decision Hosted by: John Roberti, Partner, Allen & Overy LLP and Anora Wang, Associate, Winston & Strawn LLP

In criminal cartel actions, individual executives face prosecution and potential jail time. Defending whose life and liberty are at stake in these matters creates unique challenges. Former prosecutor Doug Tween speaks with John Roberti and Wendy Huang Waszmer about the strategy and psychology necessary to defend individual defendants when everything in their lives is in jeopardy. Hosted by: John Roberti, Partner, Allen & Overy and Wendy Huang Waszmer, Partner, Wilson Sonsini Goodrich & Rosati

A discussion of the increasing impact of Chinese companies on the EU and worldwide and how if at all EU competition law should adapt to take this into account. Can and should EU competition law react to the rise of China? Our guest, Georgios Petropoulos, is an economist who has written extensively on the role of competition law in ensuring fair competition. In this episode, Georgios speaks with John Roberti and Matthew Hall about whether EU competition law and policies should be modified to allow for European champions to compete more robustly, and what other changes might be made. Listen to this episode to learn more about the options—and potential risks—to creating competition law exceptions to meet Chinese competition and the other EU law mechanisms that can be used instead. Related Links: Georgios Petropoulos blog 15 July 2019 "How should the relationship between competition policy and industrial policy evolve in the European Union?" European Commission press release 6 February 2019 "Mergers: Commission prohibits Siemens' proposed acquisition of Alstom" Statement by Commissioner Vestager on the proposed acquisition of Alstom by Siemens and the proposed acquisition of Aurubis Rolled Products and Schwermetall by Wieland 6 February 2019 Commission Vestager speech 1 April 2019 "Finding the right European industrial strategy" A Franco-German Manifesto for a European industrial policy fit for the 21st Century EU Industrial Policy After Siemens-Alstom 18 March 2019 Hosted by: John Roberti, Allen & Overy LLP and Matthew Hall, McGuireWoods London LLP

Where do plaintiffs get the information they put into their pleadings? Melinda Coolidge, a leading lawyer who represents plaintiffs, will explain how she researches, develops and diligences antitrust complaints. Private enforcement plays an important role in antitrust law, and private enforcement starts with the complaint. Our guest is leading plaintiffs’ lawyer Melinda Coolidge, who has developed a number of complaints. In this episode, Melinda talks with John Roberti and Sergei Zaslavsky about how she researches, develops and diligences antitrust complaints. Listen to this episode to learn where plaintiffs get the information they put into their pleadings (hint: if a press release announces you plan to fix prices, Melinda will probably find it). Related Links: Chinese Vitamin C Antitrust Litigation  Research on Effects of Twombly and Iqbal  Hosted by: John Roberti, Partner, Allen & Overy and Sergei Zaslavsky, Counsel, O'Melveny & Myers

How can you tell if a review is truly genuine? Learn about who is regulating online reviews and influencers, and how these regulations affect what you see online. Lauren Aronson, an expert in the regulation of online reviews and influencers, speaks with John Roberti and Elyse Dorsey about these issues. We all read – and often rely on – online reviews. But how can you tell if a review is truly genuine? Our guest, Lauren Aronson, is an expert in the regulation of online reviews and influencers. Lauren speaks with John Roberti and Elyse Dorsey about who is regulating online reviews and influencers, and how these regulations affect what you see online. Listen to this episode and you may learn more about what a trustworthy review looks like. Some interesting links: The FTC Endorsement Guides FTC’s FAQs on the Endorsement Guides Hosted by: John Roberti, Allen & Overy LLP and Elyse Dorsey, Federal Trade Commission

The European Commission has opened a formal antitrust investigation into Amazon in order to assess whether its use of data from independent retailers who sell on its marketplace is in breach of EU competition rules. This raises interesting issues about the intersection of competition law and data collection issues. What precisely are the potential concerns and what are the wider implications? Hosted by: John Roberti, Allen & Overy LLP and Matthew Hall, McGuireWoods London LLP

In the past 30 years, antitrust regimes have been widely adopted around the world. Our guest, Randy Tritell, is the Director of the Office of International Affairs at the Federal Trade Commission. In this episode, Randy talks with John Roberti and Ricardo Woolery about the growth of antitrust internationally. Randy will explain how the agencies around the world work together and share information during investigations and develop policies through multilateral organizations such as the ICN and OECD. Listen to this episode for an overview of how agencies cooperate on enforcement and how the FTC promotes policy convergence. Hosted by: John Roberti, Allen & Overy LLP and Ricardo Woolery, Skadden, Arps, Slate, Meagher & Flom LLP Some interesting links: FTC Office of International Affairs International Competition Network OECD Competition Committee