Our Curious Amalgam

American Bar Association
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May 22, 2023 • 45min

#222 Too Political or Not Political Enough? A Debate on the Relationship Between Antitrust Enforcement and Democracy.

There are many debates in the antitrust world today, but none is as fundamental as the discussion over the core purpose of antitrust. Should antitrust law be solely concerned with economic efficiency, or is it also a tool for upholding and promoting our democratic political values? Spencer Waller, law professor at the Loyola University Chicago School of Law, and Geoffrey Manne, founder of the International Center for Law and Economics, debate this important question with hosts Sergei Zaslavsky and Melissa Maxman. Listen to this episode to hear competing perspectives on such key issues as the connection between economic and political power, the proper role of different branches of government in shaping antitrust policy, and much more. With special guests: Spencer Waller, John Paul Stevens Chair in Competition Law, Loyola University Chicago School of Law and Geoffrey Manne, Founder and President of International Center for Law and Economics Related Links: Harry First and Spencer Weber Waller, Antitrust's Democracy Deficit, 81 Fordham L. Rev. 2543 (2013) Antitrust and Democracy by Spencer Weber Waller :: SSRN Geoffrey Manne & Alec Stapp, Does Political Power Follow Economic Power? (Dec. 30, 2019) Hosted by: Sergei Zaslavsky, O'Melveny & Myers and Melissa Maxman, Cohen & Gresser
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May 15, 2023 • 33min

#221 What's Happening in Germany and Spain? Conversations With Competition Law Enforcers at the 2023 Spring Meeting

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, including Germany and Spain. In this episode, we ask Andreas Mundt, the president of the German Bundeskartellamt and Cani Fernández, the president of the Spanish National Markets and Competition Commission, about their enforcement priorities, what trends they see on the horizon, and what advocates with matters before their agencies should do to be most effective. As a bonus, listeners will also get to know our distinguished guests a little better on a personal level. With special guests: Andreas Mundt, President, the Bundeskartellamt and Cani Fernández, President, Comisión Nacional de los Mercados y la Competencia Related Links: Bundeskartellamt Spanish National Markets and Competition Commission (CNMC) Ep. #177 Who Is Cani Fernández? Meet the President of the Spanish National Markets and Competition Commission Hosted by: Sergei Zaslavsky, O'Melveny & Myers LLP and Alicia Downey, Downey Law LLC
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May 8, 2023 • 27min

#220 Who Is Willard Mwemba? A Conversation With the Chief Executive Officer of the COMESA Competition Commission.

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
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May 1, 2023 • 29min

#219 What's Happening in Greenland, Armenia, and Latvia? Conversations With Competition Law Enforcers at the 2023 Spring Meeting

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
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Apr 24, 2023 • 44min

#218 LIV and Let Live? The Antitrust Fight Between the PGA and LIV Golf.

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
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Apr 17, 2023 • 41min

#217 Is it a Parallel Universe? Competition Law in the Metaverse.

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
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Apr 10, 2023 • 35min

#216 Has the Risk of Information Exchanges Shifted? DOJ's Withdrawal of Healthcare Policy Statements.

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
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Apr 3, 2023 • 31min

#215 What Does Antitrust Counsel to a United States Senator Do? A Conversation With Mark Meador.

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
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Mar 27, 2023 • 46min

#214 What Can Be Done? Sustainability and Competition Law in Europe.

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.
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Mar 20, 2023 • 30min

#213 Where Are All the Women Economists? #MeToo Issues in Antitrust Economics

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

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