Our Curious Amalgam

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

Merger control analysis and clearance worldwide is becoming ever more difficult, complex and uncertain, with Illumina/Grail perhaps the standout recent example. Following the previous episode on this case (#141: A Power Grab Too Far? The European Commission Extends Its Merger Control Reach), what developments have there been and what can we learn from them? Philippe Chappatte, partner at Slaughter and May, who has been acting for Illumina, joins Matthew Hall and Jeny Maier to discuss the merger control investigations into Illumina's acquisition of Grail in the EU and US. Listen to this episode to learn more about the substantive and procedural issues raised by the case and practical points it raises. With special guest: Philippe Chappatte, partner, Slaughter and May Related Links: Our Curious Amalgam, Episode #141, A Power Grab Too Far? The European Commission Extends Its Merger Control Reach Philippe Chappatte and Poppy Smith, The 27-Stop Shop?: The EU Commission’s unprecedented power grab in merger control Philippe Chappatte and Josephine Rabinowitz, Illumina/Grail: All Eyes on the General Court European Commission press release 6 September 2022 "Mergers: Commission prohibits acquisition of GRAIL by Illumina" European Commission Illumina/Grail merger investigation case page European Commission Article 22 guidance 26 March 2021 EU General Court judgment 13 July 2022 Illumina v European Commission (appeal on Article 22 EU Merger Regulation referral) Illumina appeal of EU General Court judgment 13 July 2022 Hosted by: Matthew Hall, partner, McGuireWoods London LLP and Jeny Maier, partner, Axinn, Veltrop & Harkrider LLP

Vertical mergers present unique doctrinal and economic issues and are rarely challenged in court, so when two vertical merger opinions are issued in a short period of time, it is a great opportunity to check in on this area of antitrust law. What are the facts and legal arguments that led to defense victories in the recently litigated UnitedHealth Group – Change Healthcare and Illumina – Grail mergers (currently under appeal)? Sara Razi, Partner at Simpson Thacher and counsel for Change, joins Sergei Zaslavsky and Jaclyn Phillips to discuss these important cases. Listen to this episode to learn more about these two cases and the important lessons they hold for merger litigation practitioners. With special guest: Sara Razi, Partner, Simpson Thacher & Bartlett LLP Related Links: UnitedHealth Group - Change Healthcare district court opinion Illumina - Grail administrative law judge opinion Hosted by: Sergei Zaslavsky, Partner, O'Melveny & Myers LLP and Jaclyn Phillips, Associate, White & Case LLP

In November 2022, the FTC issued a policy statement concerning the scope and meaning of unfair methods of competition under Section 5 of the FTC Act. So what has changed under Section 5 and where are we headed? Angela Landry, counsel at Freshfields, joins Christina Ma and Jaclyn Phillips to discuss Section 5, how the FTC's approach has changed with its 2022 statement, and what we might see as it gets put into practice. With special guest: Angela Diveley Landry, Counsel, Freshfields Bruckhaus Deringer US LLP Related Links: https://blog.freshfields.us/post/102i1jq/ftc-seeks-to-revive-prohibitions-against-unfair-competition https://www.ftc.gov/system/files/ftc_gov/pdf/P221202Section5PolicyStatement.pdf https://www.ftc.gov/system/files/ftc_gov/pdf/P221202Section5PolicyWilsonDissentStmt.pdf Hosted by: Christina Ma, Partner, Wachtell, Lipton, Rosen, & Katz and Jaclyn Phillips, Associate, White & Case LLP