Our Curious Amalgam

The ongoing debate of data portability has produced many unanswered questions, resulting in a need for a more structured analysis of the issues surrounding of the movement of data. How can governments, or various sectors, industries, or companies develop solutions for data portability that encompass the often-competing goals of promoting competition and protecting privacy rights? Internationally-recognized privacy and cybersecurity expert Peter Swire joins Christina Ma and Kayla Odom to discuss his proposed framework for analyzing the issues surrounding the portability of data and evaluating initiatives on portability and other required data transfers. Listen to this episode to learn how, through the use of structured questions, the impact of data portability can be assessed. Related Links: Swire, Peter, The Portability and Other Required Transfers Impact Assessment: Assessing Competition, Privacy, Cybersecurity, and Other Considerations (September 8, 2020). Hosted by: Christina Ma, Wachtell Lipton Rosen & Katz and Kayla Odom, Freitas & Weinberg LLP

With the enactment of stronger privacy laws in Europe and California, and with the prominent use of digital platforms and intense policy debates surrounding their regulation, issues regarding what has been termed "data portability" have been brought to the forefront. What is data portability, and how is it being addressed in the law? Alex Brown and Gabe Maldoff join Christina Ma and Kayla Odom to discuss what it means for data to be "portable" and the various issues that arise when it comes to the transferability of a person's data. Listen to this episode to understand the competition, consumer protection, and cybersecurity issues that are being debated by policymakers, companies, and others when it comes to data portability. Related Links: Data To Go: An FTC Workshop on Data Portability (September 22, 2020) Comment Submitted by The American Bar Association Antitrust Law Section In Connection With “Data To Go: An FTC Workshop On Data Portability” (August 27, 2020) EU General Data Protection Regulation – Right to data portability, Article 20 California Consumer Privacy Act – Data portability requirements, Cal Civ. Code. § 1798.100(d) Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Kayla Odom, Freitas & Weinberg LLP

Screening out potential collusion and manipulation is the key to corporations’ antitrust compliance by flagging suspicious activities early and accurately, and also at a later stage of investigations or private actions. But what exactly is in a screen? The relevant economic tools are very sophisticated and evolving. There are also practical considerations in designing and applying screens, especially as more entities are embracing them. Dr. Rosa Abrantes-Metz, a Principal at The Brattle Group and leading economist in this area, joins Anora Wang and Christina Ma to discuss recent advances and the defense side’s use of these tools. Listen to this episode to get a deeper understanding of screening. Related links: Abrantes-Metz, Rosa M. and Metz, Albert, WHY SCREENING IS A “MUST HAVE” TOOL FOR EFFECTIVE ANTITRUST COMPLIANCE PROGRAMS (November 20, 2020).  Hosted by: Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz

The Women.Connected Committee of the ABA Antitrust Law Section recently inducted four prominent women in the field of antitrust into its Hall of Fame-inism. How did they overcome career challenges and gender bias to make it to the top of their field? Co-hosts Christina Ma and Alicia Downey interview Margaret Guerin-Calvert, Deborah Majoras, Lisa Phelan, and Bonny Sweeney about how they achieved (and continue to achieve) professional success and what more can be done to advance women within the antitrust bar. Listen to this episode to learn how each of these role models forged her own path to a fulfilling career in antitrust. LINKS TO THE HONOREES’ BIOS Margaret E. Guerin-Calvert Deborah P. Majoras Lisa Phelan Bonny E. Sweeney Hosted by: Christina Ma and Alicia Downey

Data and technology issues are behind many antitrust/competition and consumer law cases. How are regulators responding to this and what are their capabilities? Stefan Hunt, Chief Data and Technology Insights Officer at the UK Competition and Markets Authority (CMA), joins Christina Ma and Matthew Hall to discuss the activities of the CMA's Data, Technology and Analytics unit (DaTA). Listen to this episode to learn more about the work going on inside antitrust and consumer regulators as they use technology and data to their advantage. Related Links: Blog 1: UK CMA DaTA unit Blog 2: UK CMA DaTA unit UK CMA Online platforms and digital advertising market study UK CMA Fake and misleading online reviews trading Hosted by: Christina Ma and Matthew Hall

Antitrust is usually focused on consumers, but increasingly, effects of competition on workers have been a focus of scholarship, policy, and enforcement. What is behind the growing prominence of labor antitrust, and what can we expect going forward? Hiba Hafiz, a professor at BC Law, joins Sergei Zaslavsky and John Roberti to discuss how labor antitrust applies in different contexts and the tensions courts are grappling with in applying consumer-focused antitrust doctrine to cases involving workers. Listen to this episode for an engaging introduction to this important topic. Hiba Hafiz, Labor's Antitrust Paradox  Todd v. Exxon Corporation  DOJ and FTC 2016 Antitrust Guidance for HR Professionals  Hosted by: John Roberti, Allen & Overy and Sergei Zaslavsky, O'Melveny & Myers

Digital platforms are under immense public scrutiny, in the United States and elsewhere, leading to investigations and cases likely to be filed. But how to understand the complex antitrust analysis relevant to platforms including the measurement of power and relevant markets? And if an antitrust case is made against platforms, what’s the fix? Prof. Herbert Hovenkamp, a leading scholar, joins Anora Wang and Christina Ma to discuss the U.S. congressional investigation of platforms as reported in October 2020 and considerations that should go in the design of antitrust remedies involving platforms. Related Links: U.S. House Report on Competition in Digital Markets (October 2020) Herbert Hovenkamp, Antitrust and Platform Monopoly Hosted by: Anora Wang, Winston & Strawn LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz

Antitrust class actions are rarely tried all the way through to a jury verdict. How did a team of lawyers from Columbus, Ohio and Washington, D.C. win a defense verdict in not one, but two antitrust trials in an 18-month period? Jim King and Jay Levine talk with Alicia Downey and John Roberti about how the cases were won. Hear from their younger colleagues about the lessons they learned and the most memorable moments in the courtroom. Listen to this episode to catch up with a case that has been ongoing since 2008, with yet more twists and turns to come. Featured Guests: Allen Carter, Senior Associate, Porter Wright Morris & Arthur LLP and Arlene Boruchowitz, Associate, Porter Wright Morris & Arthur LLP Related Links: In re Processed Egg Products Antitrust Litigation, No. 19-1088 (3d Cir. June 22, 2020) Hosted by: Alicia L. Downey, Downey Law LLC and John Roberti, Partner, Allen & Overy LLP

Market definition is a core concept in antitrust law. While product markets are usually defined based on substitutability, are there situations where products that are not substitutes belong in the same market? Kevin Hahm, a partner at Hunton Andrews Kurth and a long-time FTC enforcer, joins Sergei Zaslavsky and Christina Ma to discuss bundle and cluster markets --- those unique situations where products that are not substitutes are grouped in the same market. Listen to the podcast to learn what bundle and cluster markets are and why they matter. Related Links: ProMedica Sixth Circuit Opinion  Staples II District of DC Opinion Whole Foods DC Circuit Opinion Hosted by: Christina Ma, Wachtell, Lipton, Rosen & Katz and Sergei Zaslavsky, O'Melveny & Myers

The 54 African countries are becoming increasingly important from a competition law point of view. But can we assume the rules are the same as elsewhere? George Lipimile of COMESA and Jocelyn Katz of ENSafrica join John Roberti and Matthew Hall to discuss key issues in African competition law. Listen to this episode to learn about some of the features that make the law on the African continent unique. Related Links: COMESA Competition Commission South Africa: Babelegi excessive pricing case South Africa: Dis-Chem excessive pricing case South Africa: ENS newsflash on competition exemptions for banking and retail property sectors to support the Coronavirus fallout South Africa: ENS newsflash on the Coronavirus (COVID-19) and the Competition Act Namibian Competition Commission: update on Consumer Exploitation Complaints (May 2020) Malawi CFTC: Excessive Pricing Of Bus Services Due To Covid 19 And Enforcement Of Bus Fare Tables (June 2020) South Africa: Competition Commission’s Guidelines for the Assessment of Public Interest Provisions in Mergers Kenya: Telkom-Airtel merger review decision Nigeria: FCCP Act Namibia: Draft Competition Bill eSwatini: Draft Competition Bill Malawi CFTC: Suspected Collusive Practices And Unconscionable Conduct By Independent Schools (May 2020) South Africa: Competition Tribunal Confirms 14th Settlement In Maize Cartel Case Mauritius: Fines of Rs 76 million recommended, on two suppliers of chemical fertilisers for illegal cartel conducts International: ICN Guidance on Enhancing Cross-Border Leniency Cooperation Nigeria: Businesses tighten as Commission plans to embark on raids Hosted by: John Roberti, Partner, Allen & Overy LLP and Matthew Hall, Partner, McGuireWoods London LLP