Our Curious Amalgam

In January 2023, the FTC issued a Notice of Proposed Rulemaking that would ban virtually all non-compete agreements between employers and workers, both retroactively and going forward, categorizing them as an “unfair method of competition” under Section 5 of the FTC Act. What does the FTC’s proposed rule look like, and is it destined to succeed? In this episode, co-hosts Jana Seidl and Elyse Dorsey speak with Anna Aryankalayil about the various details and scope of the proposed rule, the reasons behind non-competes, and potential legal challenges to any final rule the FTC may issue. Listen to this episode to learn about all sides of the heated controversy over the proposed ban on non-compete agreements. With special guest: Anna Aryankalayil, Partner, Orrick Herrington & Sutcliffe Related Links: Press Release, FTC Proposes Rule to Ban Noncompete Clauses FTC Non-Compete Clause Rulemaking FTC Non-compete Clause Rule (NPRM) Comments Bloomberg article, FTC Noncoompete ban slammed by business groups as ‘unworkable’ Hosted by: Jana Seidl, Senior Associate, Baker Botts L.L.P. and Elyse Dorsey, Partner, Kirkland & Ellis LLP

Deon Woods Bell and Laura Wilkinson join Our Curious Amalgam and Diversity. Advanced to celebrate Black History Month. What can we learn about diversity from two legends of the antitrust and consumer protection bars? Alicia Downey and Jaclyn Phillips talk with Deon and Laura about their storied careers, inclusion, and the importance of engaging with the community. Listen to this episode and be inspired by their perspectives on the value of diversity both in the U.S. and in the international antitrust and consumer protection arena. With special guests: Deon Woods Bell, Senior Advisor, Global Policy, Financial Services for the Poor, Bill & Melinda Gates Foundation and Laura Wilkinson, Global Antitrust Counsel, PayPal Related Links: Diversity.Advanced  Hosted by: Alicia Downey, Downey Law LLC and Jaclyn Phillips, White & Case LLP

Mandatory treble damages awards have been a feature of U.S. antitrust law for more than a century. Why do we have treble damages and what are the benefits and unintended consequences of treble damages? Counsel at Perkins Coie and adjunct professor at University of Colorado Law School, Henry Hauser, joins Christina Ma and Matt Michaloski to discuss how we should think about treble damages in antitrust cases. Listen to this episode to learn about the arguments for and against the continued utility of mandatory trebling. With special guest: Henry J. Hauser, Counsel, Perkins Coie Related Links: Minnesota Law Review: Antitrust Reformers should Consider the Consequences of Mandatory Treble Damages Congressional Study of the Antitrust Treble Damage Remedy Statute of Monopolies Henry J Hauser, Perkins Coie bio Hosted by: Christina Ma and Matt Michaloski

The 2023 Appropriations Act included three antitrust laws dealing with merger fees, merger subsidy disclosure, and venue. What are the implications of these laws? Laura Alexander joins hosts Christina Ma and Jaclyn Phillips to discuss what these laws do, how we got them, and whether we may see substantive antitrust reform in the future. Listen to this episode to learn more about how we finally saw antitrust bills become laws. With special guest: Laura Alexander, Washington Center for Equitable Growth Related Links: Consolidated Appropriations Act, 2023  The Merger Filing Fee Modernization Act is a down payment on the future of antitrust enforcement Restoring competition in the United States The state of U.S. federal antitrust enforcement Hosted by: Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Jaclyn Phillips, Associate, White & Case LLP

The ABA Antitrust Law Section’s Spring Meeting is the largest annual gathering of competition, consumer protection, and data privacy professionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world. Curious about what's anticipated for this year's meeting? Spring Meeting Co-Chairs Doug Tween and Sheila Adams join hosts Alicia Downey and Kayla Odom to talk about what to expect and tips for making the most of this memorable event. Whether you will be a first time or veteran attendee, listen in for the inside scoop on what's in store at this year's exciting Spring Meeting, March 29-31, 2023, in Washington, DC. With special guests: Doug Tween, Linklaters LLP and Sheila Adams, Davis Polk & Wardwell LLP Related Links: ABA Antitrust Spring Meeting 2023 Website Spring Meeting Agenda 2023 ABA Antitrust Law Section Website Hosted by: Alicia Downey, Downey Law LLC and Kayla Odom, Renesas Electronics America Inc.

Major League Baseball ("MLB") is big business, with revenues that exceeded $10 billion in 2019. How and why is MLB immune from liability under the U.S. federal antitrust laws? Co-hosts Alicia Downey and Melissa Maxman invited guests Julian Perlman and Sathya Gosselin to debate the pros and cons of the Baseball Exemption from a policy and practical perspective. Listen to this episode to learn about recent efforts under way in Congress and the courts to eliminate MLB's special exemption. With special guests: Julian Perlman, BakerHostetler and Sathya Gosselin, Hausfeld LLP Related Links: Federal Baseball Club of Baltimore, Inc. v. National League of Professional Baseball Clubs et al., 259 U.S. 200 (1922)  Toolson v. New York Yankees, Inc., 346 U.S. 356 (1953)  Flood v. Kuhn, 407 U.S. 258 (1972) Hosted by: Alicia Downey, Downey Law LLC and Melissa Maxman, Cohen & Gresser LLP

The debate about the role of government in regulating monopolies is getting more heated by the day. How do historical concepts of "monopoly" fit into the discussion? Veteran antitrust scholar, practitioner, and author Barry Hawk joins Alicia Downey and Matt Reynolds to discuss his latest foray into legal history in his new book, "Monopoly in America." Listen to this episode to learn about how popular conceptions of monopoly and "monopolizers" evolved long before the passage of modern U.S. antitrust laws. With special guest: Barry E. Hawk Related Links: Barry E. Hawk, Monopoly in America (Juris 2022) Hosted by: Alicia Downey, Downey Law LLC and Matthew Reynolds, Huth Reynolds LLP

Plaintiffs in consumer data privacy class action lawsuits may demand money damages for the loss of the value of their personal information. But how much money is that personal information really worth? And what was lost? In this episode, hosts Alicia Downey and Aaron Yeater talk to economist Mike Kheyfets of Edgeworth Economics about these and other questions to which there are no simple answers, whether from an economic or legal perspective. Listen to this episode to learn about approaches to valuing personal information in data privacy lawsuits. With special guest: Michael Kheyfets, Edgeworth Economics Related Links: Michael Kheyfets, "Value of Personal Information Theories in Data Privacy Class Actions," Bloomberg Law (Sept. 19, 2022) Hosted by: Alicia Downey, Downey Law LLC and Aaron Yeater, Analysis Group

As 2022 comes to an end, the Antitrust Law Section's sector committees tell us which notable antitrust cases and investigations affected key industries and what they predict will make headlines in 2023. In this two-part special episode, hosts Alicia Downey, Sergei Zaslavsky, and Jaclyn Phillips speak with leaders of the committees responsible for providing Section members with programs and publications about the latest industry-specific antitrust developments. Listen to Part 1 to hear from the Health Care & Pharmaceuticals Committee, the Agriculture & Food Committee, and the Distribution and Franchising Committee. Listen to Part 2 to hear from the Transportation & Energy Committee, the Insurance & Financial Services Committee, and the Media & Technology Committee. With special guests: Chris Wilson, Gibson, Dunn & Crutcher LLP Francesca Pisano, Arnold & Porter Kaye Scholer LLP Deborah F. Salzberger, McCarthy Tetrault LLP Andrew Ewalt, Freshfields Bruckhaus Deringer LLP Melanie Hallas Kirsch, AT&T Suzanne Munck af Rosenschold, Davis Polk & Wardwell LLP Related Links: Transportation & Energy Committee  Insurance & Financial Services Committee  Media & Technology Committee  Hosted by: Alicia L. Downey, Downey Law LLC Sergei Zaslavsky, O'Melveny & Myers LLP Jaclyn Phillips, White & Case LLP

As 2022 comes to an end, the Antitrust Law Section's sector committees tell us which notable antitrust cases and investigations affected key industries and what they predict will make headlines in 2023. In this two-part special episode, hosts Alicia Downey, Sergei Zaslavsky, and Jaclyn Phillips speak with leaders of the committees responsible for providing Section members with programs and publications about the latest industry-specific antitrust developments. Listen to Part 1 to hear from the Health Care & Pharmaceuticals Committee, the Agriculture & Food Committee, and the Distribution & Franchising Committee. Listen to Part 2 to hear from the Transportation & Energy Committee, the Insurance & Financial Services Committee, and the Media & Technology Committee. With special guests: Lauren M. Rackow, Cahill Gordon & Reindel LLP Brian Rafkin, Akin Gump Strauss Hauer & Feld LLP Adam Goodman, Dentons Jee-Yeon Lehmann, Analysis Group Related Links: Health Care & Pharmaceuticals Committee  Agriculture & Food Committee  Distribution & Franchising Committee  Hosted by: Alicia L. Downey, Downey Law LLC; Sergei Zaslavsky, O'Melveny & Myers LLP; and Jaclyn Phillips, White & Case LLP