Our Curious Amalgam

The UK has finally left the EU and the ambit of EU law. What does this mean for competition law, merger control, subsidy control and competition litigation in the EU and UK? Anneli Howard, a UK barrister and EU law specialist, joins Matthew Hall and John Roberti to discuss the EU-UK Trade and Cooperation Agreement, WTO subsidy rules, Northern Ireland Protocol and the rest of the new legal regime. Listen to this episode to learn more about the present and future for these areas of law in the UK. Related Links: EU-UK Trade and Cooperation Agreement Guidance on the functions of the UK CMA after the end of the transition period Withdrawal of the United Kingdom and EU rules in the field of competition Protocol on Ireland and Northern Ireland WTO subsidy rules UK National Security and Investment Bill Hosted by: John Roberti, Partner, Allen & Overy LLP and Matthew Hall, Partner, McGuireWoods London LLP

Thanks to COVID-19, many courts and government agencies are using computer-based videoconferencing technology to conduct conferences, motion hearings, and even trials online. What are the do’s and don’ts for litigating effectively in virtual proceedings, especially in complex antitrust cases involving multiple parties and far-flung witnesses? Lisa Wood, and antitrust practitioner, Co-Chair of the Litigation Department of Foley Hoag LLP, and author of the long-running Notes from the Field column featured in Antitrust Magazine, joins Alicia Downey and John Roberti to discuss what she learned about best practice for virtual litigation from interviews with lawyers and judges across the country as well as the lessons she has learned from her own practice. Listen to this episode to hear about which virtual litigation proceedings are poised to become a permanent feature of complex civil suits and proceedings before the agencies. Related Links: Lisa Wood, Best Practices for Virtual Litigation, Antitrust, Vol. 35, No. 1 (Fall 2020) Hosted by: Alicia Downey and John Roberti

The FTC's enforcement program has long included the remedy of disgorgement, which requires that a defendant found liable return ill-gotten gains. Will the Supreme Court take this authority away? Michael Kades, Tim Muris, Maureen Ohlhausen and John Villafranco join Gerald Stein for a discussion of the Supreme Court's oral argument and what may happen to the FTC's disgorgement. Listen to this special episode to learn more about the future of this important FTC remedy. Related Links: Stein Antitrust Magazine article Muris Antitrust Source Article Luib Antitrust Magazine Article Ohlhausen speech on disgorgement Ohlhausen dissent in Cardinal Health Villafranco Blog Entries on oral argument Hosted by: Gerald Stein, Norton Rose Fulbright LLP

The Department of Justice Antitrust Division enjoys many tools to hone its criminal investigations, including many designed to incentivize cooperation from potential defendants. But how do Deferred Prosecution Agreements differ from the leniency program, and when might the Antitrust Division choose to negotiate one? Jon Jacobs, a seasoned antitrust trial lawyer and DOJ alumnus, joins Christina Ma and Matt Harper to examine how Deferred Prosecution Agreements factor into the Antitrust Division’s criminal investigation and when Deferred Prosecution Agreements might be expected in the future. Listen to this episode to learn more about Deferred Prosecution Agreements and how the Antitrust Division uses them. Related Links: DOJ Antitrust Division - Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations Hosted by: Christina Ma and Matt Harper

At its most basic, marketing often consists of simply explaining a product's qualities relative to its alternatives. Can this go too far and amount to a competition law infringement? Isabelle de Silva, President of the French Competition Authority (FCA), and Bill Batchelor join John Roberti and Matthew Hall to discuss product denigration by reference to the FCA's cases in the pharma sector. Listen to this episode to learn more about these cases and how to draw the line between illegal disparagement of rivals and factual communication of differences. Related Links: FCA's AMD (Avastin) decision September 2020 FCA's Subutex decision December 2013 FCA's Plavix decision May 2013 FCA's Durogesic decision December 2017 Hosted by: John Roberti and Matthew Hall

The editorial staff of Our Curious Amalgam is teaming up with substantive ABA Antitrust Law Section committees to summarize the main antitrust and consumer protection events of 2020 and preview the trends to watch in 2021. In Part Three of a three-part series, Legislation, Federal Civil Enforcement, and Exemptions and Immunities committees provide incisive analysis of the key happenings and issues within their respective areas of expertise. Regular Our Curious Amalgam hosts Sergei Zaslavsky, John Roberti, Christina Ma, and Anora Wang, and special guest host, Ricardo Woolery, join to provide commentary and make sense of the year that was. Listen to this episode for a summary of the key antitrust and consumer protection themes of 2020. Related Links: Legislation Committee Federal Civil Enforcement Committee Exemptions and Immunities Committee Hosted by: Sergei Zaslavsky, Anora Wang and Ricardo Woolery, Christina Ma and John Roberti

This past year has been anything but a slowdown in antitrust enforcement around the world and has also put privacy and consumer protection issues in the limelight. What do you need to know? In Part Two of this three-part series, members of the International, Privacy and Information Security, and Consumer Protection committees discuss what they believe to be the key happenings and issues in 2020 and what to expect in 2021. Regular Our Curious Amalgam hosts Sergei Zaslavsky, John Roberti, Christina Ma, Matthew Hall, and Kayla Odom join to provide further context. Listen to this episode for a summary of the key international, privacy, and consumer protection themes of 2020. Related Links: #90 How Do We Respond to the Dilemma? Developing a Data Portability Solution #89 What’s the Deal with Data Portability? Understanding the Competition and Privacy Aspects Surrounding the Movement of Data. #86 Can They Really Do That? The Use of Advanced Analytics by Antitrust and Consumer Regulators Hosted by: Sergei Zaslavsky, John Roberti, Christina Ma, Matthew Hall, and Kayla Odom

The editorial staff of Our Curious Amalgam is teaming up with substantive ABA Antitrust Law Section committees to summarize the main antitrust and consumer protection events of 2020 and preview the trends to watch in 2021. In Part One of a three-part series, Mergers & Acquisitions, Economics, and Insurance and Financial Services committees provide incisive analysis of the key happenings and issues within their respective areas of expertise. Regular Our Curious Amalgam hosts Sergei Zaslavsky, John Roberti, Christina Ma, Tammy Zhu, Alicia Downey, and Anora Wang join to provide commentary and make sense of the year that was. Listen to this episode for a summary of the key antitrust themes of 2020, with a particular emphasis on merger control issues. Related Links: Vertical Merger Guidelines Visa-Plaid Complaint Hosted by: Sergei Zaslavsky, John Roberti, Christina Ma, Tammy Zhu, Alicia Downey and Anora Wang

Brazilian competition law and enforcement regime is among the most active ones around the world, with a well-recognized cartel program and efforts to advocate and develop its law. How does the Brazilian system work and what are the most important elements in Brazil's competition enforcement? The Honorable Commissioner Luiz Hoffmann of Brazil's Administrative Council for Economic Defense (CADE) speaks with John Roberti and Anora Wang on the structure and progress of Brazil’s competition enforcement agency. Listen to this episode to learn about one of the most exciting competition jurisdictions. Related Links: Commissioner Luiz Hoffmann, "Hipster Antitrust and the Brazilian Legal System" (in English, published by IBRAC) Commissioner Luiz Hoffmann, contributions to the OECD 2020 Global Forum on Competition regarding abuse of dominance in digital markets (in English) Hosted by: Anora Wang, Davis Wright Tremaine LLP and John Roberti, Allen & Overy

From mergers to monopolization investigations, state attorneys general are playing a more active role in antitrust enforcement. How are states complementing or filling the gaps in federal antitrust enforcement? Phil Weiser, Colorado Attorney General, joins Tammy Zhu and John Roberti to discuss his office's efforts and strategies to promote competition and protect consumers in Colorado. Listen to this episode to learn more about the interplay between state and federal antitrust enforcement today. Related Links: Press Release on Colorado Attorney General’s Challenge and Settlement to the UnitedHealth Group and Davita Merger, June 19, 2019 Prescription Insulin Drug Pricing Report, Colorado Department of Law, November 2020 Press Release on FitTurf Settlement for Misleading Consumers on Automatic Renewal Services, September 23, 2020 Philip J. Weiser, The Enduring Promise of Antitrust Hosted by: Tammy Zhu and John Roberti