Our Curious Amalgam

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

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