Our Curious Amalgam

The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world. In this episode--one in a series of episodes featuring interviews recorded live at the 2023 Spring Meeting--host Sergei Zaslavsky speaks with Willard Mwemba, the Director and CEO of the COMESA Competition Commission. Listen to this episode to hear about COMESA's enforcement priorities, what trends Director Mwemba sees on the horizon, and what advocates appearing before the Commission should do to be most effective. Listeners will also hear about COMESA's special challenges and opportunities as the agency enters its second decade. With special guest: Willard Mwemba, Director and Chief Executive Officer, COMESA Related Links: COMESA Competition Commission  Hosted by: Sergei Zaslavsky, O'Melveny & Myers LLP and Alicia Downey, Downey Law LLC

The 2023 Annual Spring Meeting of the ABA Antitrust Law Section offered the Our Curious Amalgam team a chance to speak with international competition law enforcers from around the world. What are their enforcement priorities, what trends do they see on the horizon, and what should advocates with matters before their agencies do to be most effective? Discover the answers to these questions in this episode and other episodes in this special series of interviews recorded live at the Spring Meeting. And as a bonus, listeners will also get to know our distinguished guests a little better on a personal level. With special guests: Kristina Nordby, Head of the Board, Greenlandic Consumer and Competition Authority Gegham Gevorgyan, Chairman, Armenian Commission for the Protection of Competition Kārlis Piģēns, Council Member, Competition Council of Latvia Related Links: Greenlandic Consumer and Competition Authority Armenian Competition Protection Commission Competition Council of the Republic of Latvia Hosted by: Matt Michaloski, Kayla Odom, and Alicia Downey

LIV Golf is the most serious threat the PGA has ever faced, and the fight between the two professional golf tours has grown increasingly personal and bitter. But is the PGA defending itself through illegal anticompetitive tactics? Michael McCann, one of the nation's foremost sports law experts and Kail Jethmalani join Anant Raut and Anora Wang to discuss the life of a professional golfer, what makes the LIV tour appealing, and the PGA's history against upstart rivals. Listen to this episode to learn more about the antitrust case between the two tours, and why it may end up in the Supreme Court. With special guests: Professor Michael McCann, Director of the Sports and Entertainment Law Institute, Franklin Pierce School of Law and Kail Jethmalani, Counsel, Axinn Related Links: LIV Golf and PGA Tour Set for Long Term Courtroom War  Hosted by: Anant Raut and Anora Wang

It seems that metaverses will soon be ubiquitous. What are the competition law issues? Dr. Yusuke Takamiya, the antitrust/competition law partner at Mori Hamada & Matsumoto, joins Matthew Hall and Anora Wang to discuss what metaverses are, how they are structured, the parallels with existing competition law analysis of technology markets and the specific issues raised by metaverses. Listen to this episode to learn more about this rapidly developing technology and area of competition law. With special guest: Yusuke Takamiya, Partner, Mori Hamada & Matsumoto Related Links: The Metaverse & Antitrust/Competition Law, presentation, Yusuke Takamiya, January 2023 European Parliament briefing, June 2022 European American Chamber of Commerce article, October 2022 Japan Fair Trade Commission event January 2023 Hosted by: Matthew Hall, Partner, McGuireWoods London LLP and Anora Wang, Associate, Arnold & Porter Kaye Scholer LLP

For 30 years, companies in healthcare and other industries have relied on agency guidance immunizing certain kinds of information exchanges with competitors. How does DOJ's recent withdrawal of these safe harbors change the landscape? Leslie Overton, former DOJ official and currently a partner at Axinn, Veltrop & Harkrider, joins Sergei Zaslavsky and Jaclyn Phillips to discuss DOJ's policy change. Listen to this episode to learn more about the antitrust agencies' approach to information exchanges and what the withdrawal of prior policy statements means for practitioners and in-house counsel. With special guest: Leslie Overton, Axinn, Veltrop & Harkrider Related Links: DOJ announcement of withdrawal of healthcare policy statements Principal Deputy Assistant Attorney General Doha Mekki's speech regarding withdrawal of policy statements Hosted by: Sergei Zaslavsky, O'Melveny & Myers and Jaclyn Phillips, White & Case

There are many ways to make a career engaging with competition law. Guest Mark Meador, Deputy Chief Counsel for Antitrust and Competition Policy to Senator Mike Lee, has forged a unique path working on and off the Hill. What exactly does antitrust counsel to a United States Senator do? Mark discusses the various functions of the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights and his own work. Listen to this episode to hear his unique perspective on working with competition law and policy. With special guest: Mark Meador, Deputy Chief Counsel for Antitrust and Competition Policy to Senator Mike Lee Related Links: Senate Judiciary subcommittees landing page Senator Lee press Hosted by: Christina Ma and Matt Michaloski

European competition regulators are increasingly focused on sustainability agreements and have published guidance. What are these documents saying and are they consistent? Jay Modrall, Brussels-based competition lawyer, joins Matthew Hall and Aaron Yeater to discuss the current position in the EU and UK. Listen to this episode to learn more about the application of EU and UK competition law to sustainability agreements between companies, including those intended to assist with the fight against climate change. With special guest: Jay Modrall, Senior Counsel, Norton Rose Fulbright LLP Related Links: Netherlands ACM draft Guidelines on Sustainability Agreements January 2021 UK CMA draft Guidelines on Environmental Sustainability Agreements March 2023 European Commission draft Guidelines on Horizontal Cooperation Agreements Hosted by: Matthew Hall, Partner, McGuireWoods London LLP and Aaron Yeater, Managing Principal, Analysis Group, Inc.

Demand for diverse economists has exploded, but institutions still fail to recruit, retain, and promote women long term. Are issues of abuse and harassment deterring women from the field? In this episode, co-hosts Elyse Dorsey and Jana Seidl speak with Paola Valenti, Professor of Professional Practice at Columbia Business School, and Kellie Kemp, Senior Counsel at Uber about the struggles women face in the economics profession today. Listen to this episode to learn about why it’s difficult to find women economists, why the antitrust community needs to promote women economists, and tools for confronting gender discrimination and sexual misconduct. With special guests: Paola Valenti, Professor of Professional Practice at Columbia Business School  and Kellie Kemp, Senior Counsel at Uber Related Links: Alison F. Del Rossi and Joni Hersch, Gender and the Consulting Academic Economist Report of the Committee on the Status of Women in the Economics Profession Elizabeth M. Bailey, Gender Diversity in Experts: A Reply to and Extension of Rafkin and Kuykendall Hosted by: Elyse Dorsey, Kirkland & Ellis LLP and Jana Seidl, Baker Botts LLP

Drug prices are top of mind for numerous patients, legislators, policy experts, and antitrust enforcers these days. But what role do pharmacy benefit managers (PBMs) play in determining the price and availability of drugs at the pharmacy counter, and why do PBMs find themselves in the middle of an FTC market study looking into their business practices? Join Alicia Downey and Jeny Maier as they talk with Dr. Erin Trish, an economist and health policy expert, about the evolution of PBMs and the current antitrust inquiries they are facing. Listen to this episode if you want to learn more about what goes into the price that you pay for your prescription. With special guest: Dr. Erin Trish, Co-Director, Schaeffer Center for Health Policy & Economics, University of Southern California Related Links: USC Schaeffer Center Research on the Pharmaceutical Distribution Chain USC Schaeffer Center Public Comments to FTC on PBMs Who Is Really Driving Up Insulin Costs? (April 18, 2022) Testimony Before the U.S. Senate Committee on Commerce, Science, & Transportation on Bringing Transparency and Accountability to Pharmacy Benefit Managers (February 16, 2023) Livestream Video of Senate Committee Hearing Hosted by: Alicia Downey, Downey Law LLC and Jeny Maier, Axinn, Veltrop & Harkrider LLP

Serving on the bench is a challenge and a privilege. For certain communities in our society, the path to the bench was a never traveled one until recently. What are some of the most valuable experiences that have prepared a judge for the bench? The honorable Judge Yvonne Gonzalez Rogers speaks with Melissa Maxman and Anora Wang on her professional experiences including prior private practice and service in state and federal courts, her views on diversity, equity, and inclusion, and practice pointers. With special guest: Judge Yvonne Gonzalez Rogers, the District Court for the Northern District of California Related Links: Apple iPod iTunes Antitrust Litig., No. 05-CV-0037 YGR, 2014 WL 4809288 (N.D. Cal. Sept. 26, 2014) (ORDER DENYING: (1)DEFENDANT'S COMBINED MOTION FOR SUMMARY JUDGMENT AND DAUBERT MOTION; (2)PLAINTIFFS' DAUBERT MOTION; AND (3)PLAINTIFFS' MOTION TO STRIKE EXPERT REPORT) Epic Games, Inc. v. Apple Inc., 559 F. Supp. 3d 898, 922 (N.D. Cal. 2021) (RULE 52 ORDER AFTER TRIAL ON THE MERITS) Hosted by: Melissa Maxman, Cohen & Gresser and Anora Wang, Arnold & Porter