Our Curious Amalgam

People often read more from journalists than from lawyers to learn about antitrust. But what roles does journalism itself play in antitrust, in terms of the development and practice of the law? Leah Nylen, seasoned antitrust reporter at POLITICO, speaks with John Roberti and Anora Wang about everything ranging from meeting in parking garages exchanging secret papers, muckraking and informing the public, to how to speak with a journalist. Listen to this episode to learn all about antitrust journalism. Related Links: https://www.politico.com/states/staff/leah-nylen Hosted by: John Roberti, Allen & Overy LLP and Anora Wang, Davis Wright Tremaine LLP

Mediation is a tool that litigants can use to resolve disputes. What are the advantages of using a mediator, particularly in high-stakes antitrust class actions? Judge Vaughn Walker, retired Chief Judge of the Northern District of California and now mediator, joins John Roberti and Kayla Odom to discuss how mediation can help parties reach certainty and finality, the best timing for mediation, and strategies mediators use to help participants. Listen in to learn why people should choose mediation, and to learn the "do's" and "don'ts" when it comes to mediation and making settlement possible. Related Links: #112 What Can AI Do? Examining the Possibilities of Using Artificial Intelligence in the Law Hosted by: John Roberti, Partner, Allen & Overy LLP and Kayla Odom, Associate, Freitas & Weinberg LLP

By its name, a non-compete agreement restricts competition. But can non-competes be procompetitive or otherwise designed to minimize the competition concerns? Dr. Paul Wong, Economist and Director at National Economic Research Associates, Inc. (NERA), speaks with Anora Wang and Christina Ma about the interests and tradeoffs involved in a non-compete agreement and relevant enforcement and legal developments in this space, especially at the state level. Listen to this episode to get the economic story behind non-competes. Related Links: Paul Wong, Yun Ling, Emily Walden, Non-Compete Agreements: Might They be Procompetitive in Healthcare?, CPI (May 11, 2020) Comments of the Antitrust Law Section of the ABA in connection with the FTC workshop on "Non-competes in the workplace: Examining antitrust and consumer protection issues" (April 24, 2020) Hosted by: Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz

Accepted norms and standards are increasingly being questioned in the antitrust world as calls for reform grow louder. Why is this groundswell of dissent from traditional doctrine occurring now, and what are the implications for the future of antitrust law? Stanford Law School Professor Doug Melamed joins Sergei Zaslavsky and Christina Ma to put the current debate over antitrust doctrine into context. Listen to this episode for an insightful perspective on populist and technocratic calls for reform, including the potential pitfalls of making drastic changes to antitrust doctrine and potential pathways for achieving change without undermining antitrust's core strengths. Related Links: Senator Klobuchar's Legislative Proposal (Competition and Antitrust Law Enforcement Reform Act) Doug Melamed, Antitrust Law and Its Critics Hosted by: Christina Ma, Wacthell, Lipton, Rosen & Katz and Sergei Zaslavsky, O'Melveny & Myers

Generics and biosimilars are an important part of the pharmaceutical landscape in Europe. What are the competition law issues faced by suppliers of those products? Adrian van den Hoven, Director General of trade association Medicines for Europe, joins John Roberti and Matthew Hall to discuss the key concerns of generic and biosimilar suppliers and also the dramatic impact of COVID-19 on them. Listen to this episode to learn more about the application of competition law to pharmaceuticals and the background to the 2020 comfort letter granted by the European Commission at the request of Medicines for Europe. Related Links: Medicines for Europe White Paper on Barriers to Generic and Biosimilar Market Entry Medicines for Europe Paper on Patent Linkage Medicines for Europe Paper on Divisional Patents Hosted by: John Roberti, Partner, Allen & Overy and Matthew Hall, Partner, McGuireWoods London LLP

State UDAP laws are powerful tools for private plaintiffs and state Attorneys General to redress marketplace misconduct and abuse of consumers. But with the growing proliferation of lawsuits based on novel theories of what constitutes "unfair" trade practices, is it time to rein them in? In this episode co-hosts Alicia Downey and Christina Ma talk to Matt Sawchak, UDAP scholar, antitrust litigator, and former solicitor general for the state of North Carolina, about the ongoing debate over the scope of and remedies afforded by UDAP legislation. Listen to this episode to learn about the sources of tension between state UDAP statutes and U.S. antitrust law. Related Links: North Carolina Opera The Official Tourist Website for Prague Hosted by: Alicia Downey, Downey Law LLC and Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz

Artificial Intelligence has been an increasingly important element of legal practice, including in antitrust and consumer protection. What is the next step for Artificial Intelligence? Joshua Davis, a professor at the University of San Francisco School of Law, joins Kayla Odom and John Roberti to discuss the potential and limits for the next generation of Artificial Intelligence. Listen to this episode to learn about whether robo lawyers may be appearing before robo judges anytime soon. Related Links: Law Without Mind: AI, Ethics, and Jurisprudence Artificial Wisdom? A Potential Limit on AI in Law (and Elsewhere) AI and Interdependent Pricing: Combination Without Conspiracy? Hosted by: John Roberti, Partner, Allen & Overy LLP and Kayla Odom, Associate, Freitas & Weinberg LLP

Standard Essential Patent (SEP) licensing and valuation is an extremely challenging and difficult area worldwide. What does the January 2021 report of the EU SEPs Expert Group add to the discussion? Aleksandra Kuznicka-Cholewa, a member of the Expert Group, joins Christina Ma and Matthew Hall to discuss the work of the group and the proposals made in its report. Listen to this episode to learn more about the key SEP licensing and valuation issues which are being grappled with in the EU and elsewhere. Related Links: Group of Experts on Licensing and Valuation of Standard Essential Patents: Contribution to the Debate on SEPs UK Supreme Court judgment Unwired Planet Referral to European Court of Justice Nokia/Daimler Hosted by: Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Matthew Hall, Partner, McGuireWoods London LLP

Often the private antitrust and consumer protection bar is slightly more defense-oriented. But what is it like to be a leading plaintiff's lawyer in consumer class actions? Daniel Karon, class action attorney with 30+ years of experience, speaks with John Roberti and Anora Wang on the possible changes of legislation and policy affecting class actions, federal and state enforcement, and the plaintiff-side practice in general. Listen to this episode to learn about the perspectives of a plaintiff’s lawyer. Related Links: Daniel Karon, What The Biden Presidency Means For Class Actions, Law360 (Feb. 11, 2021) Hosted by: John Roberti, Allen & Overy LLP and Anora Wang, Davis Wright Tremaine LLP

Many industries routinely use data collected from multiple competing companies to develop price, cost and performance benchmarks. But when do benchmarking activities raise antitrust concerns? Co-hosts Alicia Downey and Christina Ma ask John Delacourt, general counsel to an international trade association and co-chair of the Antitrust Law Section's Trade, Sports and Professional Associations Committee, about managing the risks of collective participation in benchmarking programs in an era of heightened antitrust scrutiny and enforcement. Listen to this episode to learn about the right way and the wrong way to collect and use competitors' data. Related Links: DOJ/FTC Statements of Antitrust Enforcement Policy in Health Care (1996) DOJ/FTC Antitrust Guidance for Human Resource Professionals (2016) Hosted by: Alicia Downey, Downey Law LLC and Christina Ma, Wachtell, Lipton, Rosen & Katz