Our Curious Amalgam

The European Commission has dramatically increased its level of competition law enforcement against vertical agreements. Distribution agreements have in particular been in the spotlight, but other arrangements such as licensing are also at risk. The focus is on ensuring that manufacturers and licensors do not unreasonably ban or restrict online selling and is replicated at national level in the EU. Jennifer Marsh, a London-based partner with law firm K&L Gates discusses the recent cases and their implications with Matthew Hall of McGuireWoods and John Roberti of Allen & Overy. Hosted by: Matthew Hall of McGuireWoods and John Roberti of Allen & Overy

There is a long history of competition law impacting sports, from the early days of the baseball exemption to the antitrust laws to present-day amateur athletic challenges. But how do these rules apply to e-gaming, which has many elements of physical sports but with other aspects thrown in? In this episode, Derek Ludwin and Alex Simon speak with John Roberti and Michele Lee about the competition law issues raised by e-gaming and the new challenges they bring. Listen to this episode to learn more about the nuance of sports competition law applied in an innovative context. Related Links: Note on E-Sports and Antitrust Link to the ABA Antitrust Law Section Trade, Sports and Associations homepage Hosted by: John Roberti, Allen & Overy LLP and Michele Lee, Twitter

The amount of private antitrust litigation outside the U.S. continues to increase dramatically. This is no longer confined to the traditional jurisdictions of the UK, Germany and the Netherlands, but is now worldwide. Follow-on claims, which rely on a regulatory decision to prove an infringement, and stand-alone claims, where the infringement must be shown, are common. In the EU, virtually every cartel decision by a regulator is now followed by a damages claim from customers. However, cartel damages claims are far from the only types of claim being brought. Mat Hughes, a leading London-based economist with AlixPartners, discusses the key issues raised when valuing and arguing loss in private antitrust litigation outside the U.S., from both the claimants’ and defendants’ points of view. Hosted by: John Roberti, Allen & Overy LLP and Matthew Hall, McGuireWoods London LLP

Developing a robust and effective corporate compliance program can be daunting. Given the sheer size of many enterprises, it is necessary to make choices about how to apply resources. Data can help companies to make good choices and also to make their compliance programs more effective by allowing for better modeling. In this episode, Liban Jama and Chris Wall speak with John Roberti and Wendy Huang Waszmer about how companies can use data that is in their systems. Listen to this episode to learn more about how to design a more effective compliance program. Related Links: AAG Speech on Compliance DOJ Antitrust Division Corporate Compliance Guidance  Hosted by: Wendy Waszmer, Wilson Sonsini Goodrich & Rosati and John Roberti, Allen & Overy LLP

In our “Three to Keep, Three to Change” series, we ask antitrust thought leaders a simple yet provocative question. What three things do you like about antitrust law and would keep, and what three things would you change? In this episode, Diana Moss--an economist, former regulator, and current President of the American Antitrust Institute--speaks with John Roberti and Tammy Zhu about the states' challenge of the T-Mobile/Sprint merger, gender diversity in antitrust law, role of economists in a shifting antitrust landscape, and more. Listen to this episode for an entertaining and wide-ranging discussion of everything from the role of antitrust enforcement in digital platforms to "verticalization." Related Links: Merger Enforcement Big Tech CVS Aetna AAI Letter AAI USAir AA Efficiencies Hosted by: John Roberti, Partner, Allen & Overy LLP and Tammy Zhu, Legal Counsel, Medallia

Companies today are increasingly concerned with social responsibility issues, including environmental and supply chain labor, and trying to find ways to engage more responsibly. What are the antitrust lines they should watch out for if they want to pursue industry-wide solutions? Melissa Maxman, partner at Cohen & Gresser and chair of the Antitrust Law Section's Exemptions and Immunities Committee, talks about how agreements to do good can go bad under the antitrust laws. Listen to this episode if you want to learn about how to draw the lines to ensure compliance. Related Links: Article on investigation into California emissions FTC Blog post, Doing Good Well FTC Staff Report on the Noerr-Pennington Doctrine Hosted by: John Roberti, Allen & Overy LLP and Elyse Dorsey, Federal Trade Commission

Whether antitrust enforcement against Big Tech is sufficient has been a hot topic in the antitrust world and on Capitol Hill. In this episode, Hal Varian, an industrial organization and information economics scholar and the Chief Economist at Google, speaks with John Roberti and Sergei Zaslavsky about popular attitudes toward Big Tech, the evidence that populist critics of Big Tech may be overlooking, and what historical trends can tell us about the current state of competition in the tech sector. Listen to this episode for a discussion of Big Tech that touches on everything from entry conditions to data portability to coffee in government meetings. Related Links: List of Alphabet acquisitions Data Transfer Project Hosted by: John Roberti, Partner, Allen & Overy and Sergei Zaslavsky, Counsel, O'Melveny & Myers

In our “Three to Keep, Three to Change” series, we ask antitrust thought leaders a simple yet provocative question. What three things do you like about antitrust law and would keep, and what three things would you change? In this episode, law and economics scholar and former FTC Commissioner Josh Wright speaks with John Roberti and Sergei Zaslavsky about independent economic analysis at the FTC, merger retrospectives, the value of dissents, the use of presumptions in merger cases, and more. Listen to this episode for an entertaining and wide-ranging discussion of everything from agency clearance battles to wrestling holds. Related Links: Edith Ramirez Speech on FTC Merger Retrospectives Josh Wright Ardagh Dissent Josh Wright Dollar Tree Dissent Hosted by: John Roberti, Allen & Overy and Sergei Zaslavsky, O'Melveny & Myers

Corporate criminal investigations can be enterprise threatening due to the significant fines, criminal prosecution of company executives, and potential follow-on litigation. For years, companies have invested in corporate compliance programs and now are evaluating the effectiveness of these programs in light of new DOJ guidance. In this episode, Richard Powers and Eyitayo ("Tee") St. Matthew-Daniel speak with John Roberti and Wendy Huang Waszmer about how companies can design a compliance program to detect violations. Listen to this episode to learn more about DOJ's compliance guidance. Related Links: Remarks as Prepared for Delivery Guidance Document Hosted by: John Roberti, Allen & Overy and Wendy Huang Waszmer, Wilson Sonsini Goodrich & Rosati

How do advertising investigations come to be and how can they be prevented? Our guest, Chris Cole, is an expert in advertising law and has helped numerous companies get through these investigations. Chris will talk to John Roberti and Ricardo Woolery about the different types of investigations and how they come to be. Listen to this episode to learn more about the different types of advertising investigations and the steps that can be taken to avoid them. Related Links: National Advertising Division International Association of Better Business Bureaus Federal Trade Commission's Consumer Sentinel Network Federal Trade Commission, Division of Advertising Practices Hosted by: John Roberti, Partner, Allen & Overy LLP and Ricardo Woolery, Associate, Skadden, Arps, Slate, Meagher & Flom LLP