Our Curious Amalgam

This special episode is the audio of a program that ran during the ABA Antitrust Section's popular Virtual Spring Meeting April 20-May 1, 2020 – enjoy! You won't want to miss this annual session where you will hear directly from the Federal Trade Commission Directors of the Bureau of Competition, Bureau of Consumer Protection, and Bureau of Economics about the latest in antitrust and consumer protection enforcement and policy initiatives. SESSION CHAIR Shylah R. ALFONSO, Perkins Coie LLP, Seattle, WA MODERATOR Jonathan I. GLEKLEN, Arnold & Porter, Washington, DC SPEAKERS Ian R. CONNER, Director, Bureau of Competition, Federal Trade Commission, Washington, DC Andrew SMITH, Director, Bureau of Consumer Protection, Federal Trade Commission, Washington, DC Andrew SWEETING, Director, Bureau of Economics, Federal Trade Commission, Washington, DC

Litigation funding (also known as third party funding or litigation finance) is funding provided by a third party unconnected to the litigation (or arbitration) in order to finance all or part of the legal and other costs arising, in return for a share of any proceeds. But how does litigation funding change the nature of the litigation game, both in the United States and United Kingdom? Rosemary Ioannou, Regional Managing Director, UK, Vannin Capital, and Andrew Woltman, Founder & Managing Director, Statera Capital join Matthew Hall and John Roberti to explain how litigation funding changes the litigation game. Listen to this episode to learn more about the impact of future of litigation funding, including how it turns claims into assets. Related Links: Association of Litigation Funders (UK) Hosted by: John Roberti, Allen & Overy LLP and Matthew Hall, McGuireWoods London LLP

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