Our Curious Amalgam

Companies are increasingly relying on artificial intelligence technologies to guide product pricing, output and innovation decisions. But does this practice raise antitrust enforcement concerns? Kelly Smith Fayne, a San Francisco-based antitrust lawyer, joins Ricardo Woolery and John Roberti to discuss how the use of artificial intelligence impacts enforcement of collusive conduct that harms consumers. Listen to this episode to learn more about the enforcement risks artificial intelligence raises for companies as well as the challenges and tools it presents for antitrust enforcers. Related Links: Karen Silverman, Kelly Smith Fayne, Timothy Snyder, “Antitrust Intelligence: Six Tips for Talking to AI Developers about Antitrust"  Bruce Hoffman (2018), "Competition and Consumer Protection Implications of Algorithms, Artificial Intelligence, and Predictive Analytics" OECD (2017), "Algorithms and Collusion: Competition Policy in the Digital Age"  Hosted by: John Roberti, Partner, Allen & Overy LLP and Ricardo Woolery, Associate, Skadden, Arps, Slate, Meagher & Flom LLP

In our democracy, it is critical for the government to be held accountable for how it performs its mission. Has enforcement by the U.S. antitrust agencies diminished and how has that impacted competition? Diana Moss and Randy M. Stutz, AAI's Vice President of the American Antitrust Institute join John Roberti and Anora Wang, for a discussion of AAI's report assessing the state of the antitrust enforcement, in the context of current competitive conditions. Listen to this episode to learn more about the state of competition law enforcement from the perspective of a pro-enforcement organization. Related Links: Antitrust Enforcement Report Hosted by: Anora Wang, Winston & Strawn LLP and John Roberti, Allen & Overy LLP

In the antitrust bar, there are many litigations but few trials. Many antitrust cases are settled and some of the highest damages are obtained through class actions. In practice, how do antitrust class actions settle and what's involved in the process? What are some important actors and tools in reaching the settlement? Megan Jones, partner at the law firm Hausfeld, speaks with John Roberti and Anora Wang about the risks on both sides in a settlement and the difficulties to get to a common place. Listen to this episode to learn about the ways to successfully settle antitrust class actions. Hosted by: John Roberti, Partner, Allen & Overy LLP and Anora Wang, Associate, Winston & Strawn LLP

Recent economic research has examined potential killer acquisitions in the U.S., and regulators here and abroad have expressed competition concerns about acquisitions of startups. But innovation is a difficult and uncertain process. This panel explores hot topics, patent thickets, biologics, and the revamped UK CMA approach in a broader discussion of the renaissance of innovation theories of harm. SESSION CHAIR / MODERATOR / SPEAKER E. Bill BATCHELOR / Skadden Arps Slate Meagher & Flom LLP, Brussels SPEAKERS Deborah FEINSTEIN / Arnold & Porter, Washington, DC W. Robert MAJURE / Cornerstone Research, Washington, DC James R. WEISS / Deputy Assistant Director, Mergers I, Federal Trade Commission, Washington, DC

Antitrust interfaces with both international trade and intellectual property in complex ways. Multinational companies often face challenges that involve all three areas, while law firm practice groups tend to be siloed. This program brings together antitrust and trade experts who will explore these issues, as well as the unfair competition mandate of the International Trade Commission. SESSION CHAIR / MODERATOR D. Daniel SOKOL / White & Case LLP, Miami, FL SPEAKERS H. Stephen HARRIS / Winston & Strawn LLP, Washington, DC Youngjin JUNG / Kim & Chang LLP, Seoul Shuli RODAL / Osler Hoskin & Harcourt LLP, Toronto Laurent RUESSMANN / FieldFisher LLP, Brussels

It has been said that conflicting expert testimony merely “cancels” each expert out: that experts can lose, but not win, a case. Are these mantras valid? What are the secrets to effective expert testimony? What mixture of “honest broker” and “advocacy” is the right one? Is the expert a “narrator” of facts or a hammer for ultimate issues? SESSION CHAIR / MODERATOR Ian SIMMONS / O’Melveny & Myers LLP, Washington, DC SPEAKERS Belinda S. LEE / Latham & Watkins LLP, San Francisco, CA Robert MANESS / Charles River Associates, College Station, TX Scott A. MARTIN / Hausfeld LLP, New York, NY Lauren STIROH / NERA Economic Consulting, White Plains, NY

During this time of unprecedented divergence between state and federal antitrust enforcers, the panel will examine the legal framework and context for different investigation and enforcement perspectives, recent cases and settlements, and how to navigate investigations, negotiations, or enforcement actions where the procedural posture or relief sought by federal and state enforcers differs. SESSION CHAIR / MODERATOR Melanie A. HALLAS / Assistant Vice President – Senior Legal Counsel, AT&T Services, Incorporated, Washington, DC SPEAKERS Michael COWIE / Dechert LLP, Washington, DC David I. GELFAND / Cleary Gottlieb Steen & Hamilton LLP, Washington, DC Elinor R. HOFFMANN / Acting Chief, Antitrust Bureau, Office of the Attorney General, New York, NY Amanda P. REEVES / Latham & Watkins LLP, Washington, DC

No-poach agreements remain uncertain territory. This panel will take a practical look at the challenges in assessing risk and counseling clients regarding these agreements, including the applicable standard of review, risks of proof at trial, harm and injury, and prosecutorial discretion. SESSION CHAIR / MODERATOR Adam HEMLOCK / Weil Gotshal & Manges LLP, New York, NY SPEAKERS Mark H. HAMER / Baker McKenzie LLP, Washington, DC Dean M. HARVEY / Lieff Cabraser Heimann & Bernstein LLP, San Francisco, CA Susan A. MUSSER / Hogan Lovells US LLP, Washington, DC Rahul RAO / Assistant Attorney General, Antitrust Division, Office of the Attorney General, Seattle, WA

This past year was a year full of important developments for regulators and self-regulators on cutting-edge domestic and international consumer protection enforcement issues, including native advertising, endorsements, consumer reviews used for claims substantiation, privacy, data security, and more. Hear from experts and the people in the trenches regarding current enforce- ment and policy priorities and initiatives. SESSION CHAIR/MODERATOR/SPEAKER Deon WOODS BELL, Senior International Attorney - Counsel for International Consumer Protection and Data Privacy, Federal Trade Commission, Washington, DC SPEAKERS Joanna BOLTON, Legal Director, Dell Inc., Washington, DC Gustav W. EYLER, Director, Consumer Protection Branch, U.S. Department of Justice, Civil Division, Washington, DC Anahid UGURLAYAN, Assistant Director of Communications, National Advertising Division, Better Business Bureau National Programs, Inc., New York, NY

This panel will discuss the status of federal and state privacy legislation and other policy proposals in the United States, and how they may shift in the wake of the pandemic. How does the balance between privacy and other social welfare interests shift in a crisis? Will privacy enforcement priorities shift? Will there be a stronger push for harmonization with foreign privacy laws and policies? SESSION CHAIR/MODERATOR Christopher N. OLSEN, Wilson Sonsini Goodrich & Rosati, Washington, DC SPEAKERS Maneesha MITHAL, Associate Director, Division of Privacy and Identity Protection, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC Alison PEPPER, Senior Vice President, American Association of Advertising Agencies, Washington, DC Jessica RICH, Attorney, Washington, DC Lee TIEN, Senior Staff Attorney & Adams Chair for Internet Rights, Electronic Frontier Foundation, San Francisco, CA