Our Curious Amalgam

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

There has been growing interest in labor antitrust enforcement, particularly with the DOJ bringing its first criminal no-poach and wage-fixing cases in late 2020 and early 2021. How do we make sense of this vitally important but relatively unsettled area of law? Megan Gerking, a partner at Morrison & Foerster, joins Christina Ma and Sergei Zaslavsky to provide context around the recent enforcement actions and practical guidance on labor antitrust issues. Listen to this episode to learn about where we are, how we got here, and where we are likely to go in no-poach and wage-fixing enforcement. Related Links: DOJ and FTC 2016 Antitrust Guidance for HR Professionals United States v. Jindal indictment United States v. Surgical Care Affiliates, LLC indictment Hosted by: Sergei Zaslavsky, O'Melveny & Myers and Christina Ma, Wachtell, Lipton, Rosen & Katz

U.S. merger enforcement has been active in recent years, involving legal challenges pursued under some newer theories. But can it go too far to bring certain challenges under Section 2 of the Sherman Act? Koren Wong-Ervin, partner at Axinn, Veltrop, & Harkrider LLP, and a recognized thought leader in the antitrust bar, speaks with Anora Wang and John Roberti on the critical differences and issues involved in merger challenges brought under Section 2 of the Sherman Act, as compared to Section 7 of the Clayton Act. Listen to this episode to learn about the most recent development in U.S. merger enforcement. Related Links: Douglas H. Ginsburg & Koren Wong-Ervin, Challenging Consummated Mergers Under Section 2, Competition Policy International (May 2020) Our Curious Amalgam, #69 Another Way to Unring the Bell? Private Litigation Challenging Consummated Merger Hosted by: Anora Wang, Davis Wright Tremaine LLP and John Roberti, Allen & Overy LLP

Section 230 of the 1996 federal Communications Decency Act immunizes online platforms from civil liability based on third-party content as well as for removing such content in certain circumstances. Twenty-five years after its enactment, has this immunity gone too far in protecting the behemoth internet companies from accountability and facilitating their pervasive growth and online presence? In this episode, co-hosts Alicia Downey and Christina Ma talk to O’Melveny partner Tod Cohen, a former in-house legal and public policy counsel for a number of prominent social media and e-commerce companies, about the connection between Section 230 and antitrust concerns regarding certain Internet platforms, and why Section 230 has become such a focal point of controversy. Listen to this episode to learn why Section 230 will likely continue to be making headlines in the world of antitrust and consumer protection. Related Links: CDA Section 230: Its Past, Present, and Future Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Alicia Downey, Downey Law LLC

Measured in absolute numbers, there have been more women attorneys and economists working in the field of antitrust, as compared to one or two decades ago. But is there greater diversity and inclusion as well, especially in leadership roles? Dr. Antara Dutta, Principal Economist at Amazon, Co-Chair of the ABA Antitrust Section’s Diversity.Advanced Initiative, speaks with Anora Wang and John Roberti on how to increase opportunities for women in economic expert roles. Listen to this episode to learn about progress and roadblocks in achieving greater diversity and inclusion for attorneys and economists alike. Related Links: Diversity.Advanced Initiative Hosted by: Anora Wang, Davis Wright Tremaine LLP and John Roberti, Allen & Overy LLP

The COVID-19 pandemic has forced many aspects of our everyday lives to go virtual, and the surge in demand for videoconferencing technology has come with a variety of problems when it comes to privacy, cybersecurity, and consumer protection. Do we finally have a handle on the problems that came with this "Zoom Boom"? From connectivity and consumer choice to misleading claims of data security and cyber attacks, privacy and cybersecurity experts Claudia Rast and David Turetsky join Kayla Odom and Christina Ma to discuss the gambit of issues we have faced surrounding videoconferencing technology. Listen in to learn more about these issues and about what other issues we might expect to encounter when it comes to the use of videoconferencing platforms. Related Links: FTC Gives Final Approval to Settlement with Zoom over Allegations the Company Misled Consumers about Its Data Security Practices Federal Prosecutors Accuse Zoom Executive of Working with Chinese Government to Surveil Users and Suppress Video Calls Why Insider ‘Zoom Bombs’ Are So Hard to Stop Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Kayla Odom, Freitas & Weinberg LLP

The ABA Antitrust Law Section issues a Presidential Transition Report each time a new administration enters the White House. What agenda does the latest Report recommend for the incoming leaders of the antitrust agencies? Transition Report Task Force leaders Rich Parker and Bill MacLeod discuss the highlights from the Report and share their insights with Sergei Zaslavsky and Christina Ma. Listen to this episode to learn about the most important questions facing the antitrust enforcers in the Biden administration, including the future of the consumer welfare standard, merger policy for acquisitions of nascent competitors, and more. Related Links: The Presidential Transition Report Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Sergei Zaslavsky, O'Melveny & Myers

Serving as the Chair of the ABA Antitrust Law Section is the culmination of years of hard work and dedicated service to the organization and its members. What has it been like to lead an international association of antitrust and consumer protection lawyers, regulators, economists, and academics during a global pandemic? As the Section gears up for its Virtual Spring Meeting online March 23-26, 2021, Section Chair Gary Zanfagna sat down at the midpoint of his one-year term to talk to co-hosts Alicia Downey and John Roberti about the state of the Section. Listen to this episode to hear Gary's perspectives on the future of antitrust and the Section's role in shaping that future. Related Links: Gary Zanfagna Annual Spring Meeting Hosted by: John Roberti, Allen & Overy LLP and Alicia Downey, Downey Law LLC

Merger clearance encompasses a major portion of the practice of competition law. What are the coming trends for 2021? Ilene Gotts, one of the deans of the competition bar, joins Christina Ma and John Roberti to discuss the major issues she sees for competition law related to mergers for 2021. Listen to this episode to learn more about the key issues, trends and predictions for antitrust M&A in the next year. Hosted by: John Roberti, Allen & Overy LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz