Our Curious Amalgam

The Section Lunch at the Antitrust Law Section’s Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competition agency chiefs in their countries. By popular demand, we are dedicating an episode of Our Curious Amalgam to each of these inspiring panelists. In this episode, hosts Alicia Downey and Jaclyn Phillips ask Cani Fernández, President of the Spanish National Markets and Competition Commission, to talk about Spain's competition regime, newsworthy accomplishments of the Commission under her leadership, and her own professional journey. With special guest: Cani Fernández, President of the Spanish National Markets and Competition Commission Related Link: Spanish National Markets and Competition Commission Hosted by: Alicia Downey, Downey Law LLC and Jaclyn Phillips, White & Case LLP

Amidst the current momentum for antitrust reform, are U.S. lawmakers and enforcers thinking about the role of innovation in the right way? Aurelien Portuese, Director of the Schumpeter Project on Competition Policy at the Information Technology and Innovation Foundation, joins Sergei Zaslavsky and Sarah Zhang to discuss the concept of dynamic efficiency and how antitrust should feature innovation as a central concern. Listen to this episode if you want to learn more about the importance of innovation to competition policy, the relationship between innovation and market power, and whether contemplated antitrust reforms sufficiently take innovation into account. With special guest: Aurelien Portuese, Director of the Schumpeter Project, ITIF Related Link: Aurelien Portuese biography  Hosted by: Sergei Zaslavsky and Sarah Zhang

The Section Lunch at the Antitrust Law Section’s Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competition agency chiefs in their countries. By popular demand, we are dedicating an episode of Our Curious Amalgam to each of these inspiring panelists. In this episode, hosts Alicia Downey and Elyse Dorsey ask former Israeli Competition Authority Director-General Michal Halperin to talk about Israel’s competition regime, newsworthy accomplishments of the Competition Authority under her leadership, and her own professional journey. With special guest: Michal Halperin, Senior Fellow, Mossavar-Rahmani Center for Business & Government, Harvard Kennedy School Related Link: Israeli Competition Authority Hosted by: Alicia Downey, Downey Law LLC and Elyse Dorsey, Kirkland & Ellis LLP

The Section Lunch at the Antitrust Law Section’s Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competition agency chiefs in their countries. By popular demand, we are dedicating an episode of Our Curious Amalgam to each of these inspiring panelists. In this episode, hosts Alicia Downey and Anant Raut ask Rahat Kaunain Hassan, Chairperson of the Competition Commission of Pakistan, to talk about Pakistan's competition regime, some of the Commission's most newsworthy accomplishments under her leadership, and her own professional journey. With special guest: Rahat Kaunain Hassan, Chairperson, Competition Commission of Pakistan Related Links: Competition Commission of Pakistan Website The Sugar Cartel Order dated 13 August 2021  The RPM Order in the Home Appliances Market dated 11 March 2022 (Haier/DEL Order) CCP’s in-house documentary in celebration of Women’s Day 2021, highlighting the experiences of CCP’s female officers "Remedy" - poem by Rahat Kounain Hassan Hosted by: Alicia Downey, Downey Law LLC and Anant Raut

The Section Lunch at the Antitrust Law Section’s Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competition agency chiefs in their countries. By popular demand, we are dedicating an episode of Our Curious Amalgam to each of these inspiring panelists. In this episode, hosts Alicia Downey and Anora Wang ask former COFECE Chair Alejandra Palacios to talk about Mexico’s competition regime, newsworthy accomplishments of COFECE under her leadership, and her own professional journey. With special guest: Alejandra Palacios, Senior Fellow at the Sol Price School of Public Policy at the University of Southern California (USC) Related Links: COFECE - Federal Economic Competition Commission A converging competition agenda for the prosperity of Mexico and the United States Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter

Under the U.S. Supreme Court case FTC v. Actavis (2013), antitrust analysis of “reverse settlements” of IP litigations between makers of branded small molecule drugs and generics requires an analysis under the rule of reason. Are there distinct challenges presented by settlements between branded biologics and biosimilars? Sean Sheridan and Archan Ruparel, principals at Charles River Associates, speak with Anora Wang and Christina Ma on the complexities of negotiating patent settlements involving biosimilars. Listen to this episode to learn about pharmaceutical entry, price erosion, and more. With special guests: Sean Sheridan, Principal, Charles River Associates and Archan Ruparel, Principal, Charles River Associates Related Link: Sean Sheridan and Archan Ruparel, FDA Biosimilar Approval Foreshadows IP Litigation Issues (September 15, 2021) Hosted by: Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz

The U.S. Federal Trade Commission’s current leadership has a vision for changing various aspects of antitrust laws through rulemaking. But can the FTC’s rulemaking withstand administrative law challenges in federal court? Richard Pierce, renowned administrative law scholar and professor at The George Washington University, walks through the FTC's proposals and potential administrative law challenges with Anora Wang and Christina Ma. Listen to this episode to learn about the legal bases, limitations, and challenges to FTC rulemaking. With special guest: Richard J. Pierce Jr., Lyle T. Alverson Professor of Law, The George Washington University Law School Related Links: Richard J. Pierce Jr, Can the Federal Trade Commission Use Rulemaking to Change Antitrust Law? (2021) Richard J. Pierce Jr, Important Changes at the Intersection of Antitrust and Administrative Law (2022) Hosted by: Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz

In March 2022, the U.S. DOJ made headlines with the announcement it is considering bringing criminal monopolization cases under Section 2 of the Sherman Act for the first time in nearly fifty years. But is there any precedent that can help us understand what criminal prosecution of monopolization conduct would look like? Tiffany Rider and James Hunsberger of Axinn join John Roberti and Jaclyn Phillips to walk us through the decades-old case law and lay out the challenges DOJ might face trying to bring these cases under the modern antitrust framework. Listen to this episode to learn about whether the past can tell us anything about what DOJ will do in the future. With special guests: Tiffany Rider, Partner, Axinn and James Hunsberger, Counsel, Axinn Related Link: Axinn Antitrust Insight: DOJ Officials Raise Specter of Criminal Monopolization Prosecutions  Hosted by: John Roberti, Partner, Cohen & Gresser and Jaclyn Phillips, Associate, White & Case LLP

Labor market competition is one of the hottest issues in antitrust right now. Are workers being underpaid? Yes, says Treasury Department Deputy Assistant Secretary Neil Mehrotra, who joins Anant Raut and Alicia Downey to discuss the startling findings of Treasury's investigation into labor market competition. Listen to this episode to learn what we've misunderstood about labor market power, why workers are getting paid less than they should, and President Biden's long history combating this issue. With special guest: Neil Mehrotra, Deputy Assistant Secretary for Macroeconomics in the U.S. Treasury Department’s Office of Economic Policy Related Link: Investigation into labor market competition Hosted by: Anant Raut and Alicia Downey The episode is "Honoring Asian American and Pacific Islander Heritage Month" with Indian-American host Anant Raut and guest Neil Mehrotra.

Tumultuous political change, including the rise of populism, has been one of the key trends of the past decade. How do the shifting political winds affect antitrust, the largely technocratic domain some consider to be apolitical? University of Warsaw Professor Maciej Bernatt joins Christina Ma and Sergei Zaslavsky to discuss the interrelationship between rising autocracy and populism in Central Europe (and other parts of the world) and competition policy and enforcement. Listen to this episode to learn how political change in Poland and Hungary has affected the antitrust world, and what lessons antitrust enforcers and practitioners can draw from this experience. With special guest: Maciej Bernatt, University of Warsaw Related Link: Maciej Bernatt's book, Antitrust and Populism (enter the code BERNATT22 at checkout for a 20% discount)  Hosted by: Sergei Zaslavsky and Christina Ma