Our Curious Amalgam

The world of college athletics has been embroiled in competition and antitrust disputes for at least the last decade. What's the latest antitrust development? Sathya Gosselin, partner in the Washington, DC office of Hausfeld LLP, joins Christina Ma and Jessica Watters to discuss the recent Supreme Court decision in NCAA v. Alston. Listen to this episode if you want to learn more about the history of competition issues in college athletics and what may be coming down the line. Related Links: SCOTUS Blog - NCAA v. Alston Decision Business of College Sports Hosted by: Christina Ma and Jessica Watters

Every August the Antitrust Law Section elevates the designated Chair-Elect to the position of Chair. This year, the gavel passes to Jonathan Gleklen, who has been involved in the leadership of the Section for the past twenty years. In this episode, co-hosts Alicia Downey and John Roberti talk about the Section's goals and priorities for the coming year with Jon and Yasmine Harik, who will support Jon in the important role of Counsel to the Chair. Listen to this episode and get to know Jon and Yasmine as they step into their new leadership roles. Related Links: Antitrust Law Section Hosted by: Alicia L. Downey, Downey Law LLC and John Roberti, Allen & Overy LLP

As Chinese courts and authorities take on active roles in resolving FRAND disputes, China has become a key jurisdiction for the consideration of FRAND issues globally. But how does the system work? Jing He, founding partner of GenLaw and a leading practitioner with decades of experience in intellectual property, antitrust, and complex litigation, speaks with Anora Wang and Christina Ma about FRAND litigation and arbitration in China. Listen to this episode to explore the frontier of global FRAND wars. Related Links: 1. He Jing, The Science of China’s Frand Rate-Setting, CPI (March 2020) 2. Jing He, Annie Xue, Melissa Feng, Could (China-Based) Arbitration Save the FRAND Rate Setting Game?, CPI (March 2021) Hosted by: Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz

Complex issues are at the intersection of antitrust and intellectual property laws, and licensing of standard essential patents (SEPs) under fair, reasonable, and non-discriminatory (FRAND) terms is a perfect example. Does the widely accepted FRAND framework work well or is it time to think about improvements? Prof. Jorge Contreras, law professor and recognized expert on antitrust and IP, speaks with Anora Wang and Christina Ma on the innovator-implementer dichotomy, remedies, and races to courthouses worldwide. Listen to this episode to learn about the most critical issues about FRAND. Related Links: 1. Contreras, Jorge L., Rationalizing U.S. Standardization Policy: A Proposal for Institutional Reform (April 19, 2021). Antitrust 35(2): 41-47 (Spring 2021), Available at SSRN 2. Contreras, Jorge L., Global Rate Setting: A Solution for Standard-Essential Patents? (September 23, 2018). 94 Washington Law Review 701 (2019), University of Utah College of Law Research Paper No. 284, Available at SSRN Hosted by: Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz

FRAND issues can be complex and often require an understanding of several laws including antitrust and intellectual property. What would be the most important things to know on a fundamental level? Lisa Kimmel, a leading practitioner and expert on competition and IP, speaks with Anora Wang and Christina Ma on the nuts and bolts of the principles and applications of FRAND in industries, consideration under antitrust laws, and relevant development in the U.S. Listen to this episode to get a primer on FRAND. Related Links: Lisa Kimmel, The Patent Market Power Fallacy: Recalibrating Market Power and Standard-Essential Patents, The Licensing Journal, Vol. 41, No. 2. (February 2021), Hosted by: Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz

Many software development companies are distributing software under open-source licenses, which allows broad access. But when faced with opportunistic behavior from cloud providers, can these open-source companies continue to thrive? Open-source licensing expert Heather Meeker joins Tammy Zhu and John Roberti to talk about the recent competitive tension between cloud providers and open-source software providers. Listen to this episode to learn more about how exploitative behavior is impacting open license agreements and the potential ways forward for developers. Related Links: The Elastic 2.0 white paper How to get a free copy of Heather's book, Open Source for Business A series of videos on open source licensing October 2020 report on Investigation of Competition in Digital Markets Hosted by: Tammy Zhu, Head of Legal, Sourcegraph and John Roberti, Partner, Allen & Overy LLP

A difficult merger control or antitrust case requires good external communications alongside the legal and economic work. But how is this done? Claire Harris, an experienced government relations and strategic communications adviser who has worked in Brussels and London, joins Christina Ma and Matthew Hall to discuss this important aspect of case management. Listen to this episode to learn more about preparing and presenting the public message around an investigation by the European Commission and other regulators. Related Links: EU Transparency Register "Swamp in the heart of Europe": The Economist 15 May 2021 Hosted by: Christina Ma, partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, partner, McGuireWoods London LLP

Regulators and academics in the United States and beyond are increasingly focused on the interaction between data privacy and antitrust, both in mergers and challenges to the unilateral conduct of dominant digital firms. Professor Erika Douglas is a leading voice in the vanguard of thinkers considering the ways in which data privacy and antitrust laws interact with each other currently and how they should interact in the future. Join co-hosts Alicia Downey and Christina Ma for an in-depth exploration with Professor Douglas about the tensions and touchpoints between competition and data privacy. Listen to this episode to understand cutting edge issues of concern to global digital businesses and the consumers who engage with them. Related Links: Erika M. Douglas, The New Antitrust/Data Privacy Law Interface, 30 Yale L.J. Forum (Jan. 18, 2021) Hosted by: Alicia Downey, Downey Law LLC and Christina Ma, Wachtell, Lipton, Rosen & Katz

The Biden Administration has rebooted international cooperation in a range of spheres. Is the antitrust world the same? Meghan Rissmiller, partner at Freshfields in Washington, DC, joins Christina Ma and Matthew Hall to discuss regulatory cooperation in merger control and antitrust cases. Listen to this episode to learn more about current developments in this area, what the future holds and practice points. Related Links: EU US high-level trade and technology council and Joint Technology Competition Policy Dialogue Multilateral Pharmaceutical Merger Task Force Joint statement by the Competition and Markets Authority, Bundeskartellamt, and Australian Competition and Consumer Commission on merger control Hosted by: Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, Partner, McGuireWoods London LLP

The use of monetary relief-- also called disgorgement-- historically was used by the FTC for deterrence and compensation of consumers. Now that the Supreme Court has ruled that the FTC lacks authority for disgorgement, what will the FTC do? Lydia Parnes, a partner at Wilson, Sonsini, Goodrich & Rosati and former Director of the Bureau of Consumer Protection at the FTC, joins Elyse Dorsey and John Roberti to discuss the history and future of disgorgement remedies. Listen to this episode to learn more about how the FTC can and should use monetary relief to pursue its mission. Related Links: AMG CAPITAL MANAGEMENT, LLC, ET AL. v. FEDERAL TRADE COMMISSION Lydia Parnes et. al., AMG v. FTC: U.S. Supreme Court Ends Key FTC Consumer Protection Enforcement Practice Hosted by: John Roberti, Allen & Overy LLP and Elyse Dorsey, George Mason University