Our Curious Amalgam

Knowing that few people have the time or resources to initiate arbitration over relatively small damages, many large companies rely on mandatory arbitration provisions and class action waivers in their employment and consumer agreements. But what happens when plaintiffs’ attorneys file individual arbitration cases on behalf of thousands of claimants at the same time? In this episode, co-hosts Alicia Downey and John Roberti speak with Dave Rochelson, author of "Is This the End of Mandatory Arbitration?" about the new wave of so-called “mass arbitrations,” in which the respondent may be required to pay aggregated filing and case administration fees totaling hundreds of thousands, or even millions of dollars. Listen to this episode to discover how mass arbitration is leveling the playing field and calling into question the cost-benefit proposition of class waivers and mandatory arbitration. Related Links: David B. Rochelson, "Is This the End of Mandatory Arbitration?", Antitrust (ABA Fall 2021) Hosted by: Alicia Downey, Downey Law LLC and John Roberti, Allen & Overy LLP

Small chicken farmers are being pitted against each other by giant processing companies. Does the chicken industry have a concentration problem? Craig Watts, a contract poultry farmer for 22 years, joins Food & Power writer Claire Kelloway and the former head of the USDOJ Antitrust Division's criminal section, Brent Snyder, to discuss consolidation and price-fixing in the industry. Listen to this episode to learn more about the life of a chicken farmer, the state of concentration in the meat industry, and whether the Biden Administration's plans to fix it will help. Related Links: Why This Chicken Farmer Is Growing Mushrooms  Addressing Concentration in the Meat Processing Industry to Lower Food Prices for American Families Biden Meatpacking Reforms Lack Punch, Say Critics Obama's Game of Chicken Hosted by: Anant Raut and Christina Ma

Merger control in China will likely be reshaped when the relevant law is amended affecting both the agency and enforcement goals. But what are the most notable changes? Janet Hui, partner at JunHe’s Hong Kong office and leading practitioner based in Beijing, speaks with Anora Wang and Christina Ma on the amendment to China’s Anti-Monopoly Law, restructure of relevant agency and personnel, and new enforcement focused on tech. Listen to this episode to learn what happens behind the scenes of China’s merger control. Related Links: 2021 - Highlights of Anti-monopoly Guidelines in Field of Active Pharmaceutical Ingredients - Janet Hui Hosted by: Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz

As we reach the end of 2021, Our Curious Amalgam invites listeners to celebrate the new year by reflecting back on our second year of weekly podcasts focused on antitrust, consumer protection, and competition law around the world. Which episodes stood out from the pack? In this special program, five of our regular hosts offer highlights from their favorite episodes of the past year. Hear Christina Ma, Alicia Downey, Matthew Hall, Kayla Odom, Anora Wang, and Melissa Maxman talk about what made these episodes worth listening to for the first or second time. Related Links: The Best Episodes of 2021 (in order of appearance) #119 Is This Game Over? Competition Law Implications of the Super League #104 Have We Figured It Out? Online Privacy and Security in the “New Normal” of Video Conferencing #128 When Will It Be the End of Global Anti-Suit Injunction Wars? Present & Prospective FRAND Litigation & Arbitration in China #134 What Does It All Mean? Wu, Khan, Kanter and Antitrust Reform #135 Is Equality a Value of Competition Law? A Conversation with Professor Eleanor Fox Hosted by:Christina Ma, Wachtell, Lipton, Rosen & Katz and Alicia Downey, Downey Law LLC Additional Hosts: Matthew Hall, McGuireWoods London LLP Kayla Odom, Freitas & Weinberg LLP Anora Wang, Davis Wright Tremaine LLP Melissa Maxman, Cohen & Gresser LLP

There is growing interest in regulating how data are used, including in China. But what exactly is China doing to regulate the use of data and how does it compare to other jurisdictions' efforts? Dr. Angela Zhang, Associate Professor at the University of Hong Kong and author of Chinese Antitrust Exceptionalism, joins Anora Wang and Christina Ma to discuss the recent changes to Chinese data regulation. Listen to this episode to learn more about how China is dealing with data privacy and what it means for companies and individuals. Hosted by: Anora Wang, Arnold & Porter and Christina Ma, Wachtell, Lipton, Rosen & Katz

Class certification has become increasingly complex, as courts try to define the class as precisely as possible. But what happens if the methodology that is supposed to define the class yields members who appear to have no injury? Katie Benson, a plaintiff's attorney with significant experience in class certification, joins John Roberti and Melissa Maxman to grapple with the question about what lines to draw around class members that appear to be uninjured. Listen to this episode to learn more about the complexity and subtlety of class certification. Related Links: In re Rail Freight Fuel Surcharge Antitrust Litig., 934 F.3d 619 (Aug. 30, 2019) In re Asacol Antitrust Litig., 907 F.3d 42 (1st Cir. 2018) Hosted by: Melissa Maxman, Cohen & Gresser LLP and John Roberti, Allen & Overy LLP

Many lawyers, young and old, have considered a job as an in-house attorney. What is the allure? Steve Cernak, Partner at Bona Law and previously in-house counsel to General Motors, joins Christina Ma and John Roberti to discuss his career as an in-house attorney and what makes the in-house experience so different. Listen to this episode to learn more about what it's like on the inside. Related Links: Ben Heineman, The General Counsel As Lawyer-Stateman Steven Cernak, Review of Ben Heineman's "The Inside Counsel Revolution" Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz, and John Roberti, Allen & Overy

U.S. bank mergers are on the rise and so are claims that agencies “rubber stamp” merger applications and need stricter standards. But seen through the history of U.S. banking, does the existing merger review of bank mergers actually need reform? David Neill, Of Counsel at Wachtell, Lipton, Rosen & Katz and a leading bank merger practitioner, speaks with Anora Wang and Christina Ma on whether modernization is needed or not. Listen to this episode to learn about U.S. bank merger reviews. Related Links: Revising The Bank Merger Guidelines Part I, The Banking Law Journal (Jan. 2021) Revising The Bank Merger Guidelines Part II, The Banking Law Journal (Feb. 2021) Keep Politics Out of Bank Merger Antitrust Policy, Columbia Law School Blue Sky Blog (August 12, 2021) Hosted by: Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz

The Federal Trade Commission Bureau of Consumer Protection (BCP) has utilized a variety of tools over the years to advance its goal of stopping unfair, deceptive, and fraudulent business practices. What approaches and policies are we seeing at the FTC under the Biden Administration when it comes to consumer protection? Former BCP Acting Director Daniel Kaufman joins John Roberti and Kayla Odom to discuss the FTC's approach to enforcement and policymaking in the consumer protection space in recent years. Listen in for an inside scoop on the processes of the BPC and what we might expect to see under the Biden Administration. Related Links: Federal Trade Commission, Notices of Penalty Offenses Enforcement Policy Statement Regarding Negative Option Marketing, Nov. 4, 2021 Hosted by: John Roberti, Allen & Overy LLP and Kayla Odom, Freitas & Weinberg LLP

Illumina's acquisition of GRAIL is the first deal caught by the European Commission's reinterpretation of its jurisdictional reach under the EU merger control laws. Why is it so controversial and what are the broader implications? Salomé Cisnal de Ugarte, partner at law firm King & Spalding in Brussels, joins Christina Ma and Matthew Hall to discuss the Commission's jurisdictional grab under Article 22 of the EU Merger Regulation, which other deals might be affected and the practical implications for dealmakers. Listen to this episode to learn more about this new uncertainty in merger control in the EU and how to identify and mitigate the risk. Related Links: European Commission Guidance on the application of Article 22 of the EU Merger Regulation to certain cases (March 2021) European Commission case page Illumina/GRAIL merger investigation European Commission case page Illumina/GRAIL interim measures Hosted by: Christina Ma, partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, partner, McGuireWoods London LLP