Our Curious Amalgam

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

One of the highest stake antitrust cases are merger trials. Katrina Robson speaks with John Roberti and Anora Wang about putting together the evidence and telling a compelling story in merger trials, and what makes a difference. In merger trials, putting together the evidence and telling a compelling story is critical. Our guest, Katrina Robson, has been involved in a number of merger trials. In this episode, she speaks with John Roberti and Anora Wang about what makes a difference in these trials. Listen to this episode to learn more about preparing and living through these trials. Related Links: DOJ Study on Customer Testimony AT&T Time Warner Decision Hosted by: John Roberti, Partner, Allen & Overy LLP and Anora Wang, Associate, Winston & Strawn LLP

In criminal cartel actions, individual executives face prosecution and potential jail time. Defending whose life and liberty are at stake in these matters creates unique challenges. Former prosecutor Doug Tween speaks with John Roberti and Wendy Huang Waszmer about the strategy and psychology necessary to defend individual defendants when everything in their lives is in jeopardy. Hosted by: John Roberti, Partner, Allen & Overy and Wendy Huang Waszmer, Partner, Wilson Sonsini Goodrich & Rosati

A discussion of the increasing impact of Chinese companies on the EU and worldwide and how if at all EU competition law should adapt to take this into account. Can and should EU competition law react to the rise of China? Our guest, Georgios Petropoulos, is an economist who has written extensively on the role of competition law in ensuring fair competition. In this episode, Georgios speaks with John Roberti and Matthew Hall about whether EU competition law and policies should be modified to allow for European champions to compete more robustly, and what other changes might be made. Listen to this episode to learn more about the options—and potential risks—to creating competition law exceptions to meet Chinese competition and the other EU law mechanisms that can be used instead. Related Links: Georgios Petropoulos blog 15 July 2019 "How should the relationship between competition policy and industrial policy evolve in the European Union?" European Commission press release 6 February 2019 "Mergers: Commission prohibits Siemens' proposed acquisition of Alstom" Statement by Commissioner Vestager on the proposed acquisition of Alstom by Siemens and the proposed acquisition of Aurubis Rolled Products and Schwermetall by Wieland 6 February 2019 Commission Vestager speech 1 April 2019 "Finding the right European industrial strategy" A Franco-German Manifesto for a European industrial policy fit for the 21st Century EU Industrial Policy After Siemens-Alstom 18 March 2019 Hosted by: John Roberti, Allen & Overy LLP and Matthew Hall, McGuireWoods London LLP

Where do plaintiffs get the information they put into their pleadings? Melinda Coolidge, a leading lawyer who represents plaintiffs, will explain how she researches, develops and diligences antitrust complaints. Private enforcement plays an important role in antitrust law, and private enforcement starts with the complaint. Our guest is leading plaintiffs' lawyer Melinda Coolidge, who has developed a number of complaints. In this episode, Melinda talks with John Roberti and Sergei Zaslavsky about how she researches, develops and diligences antitrust complaints. Listen to this episode to learn where plaintiffs get the information they put into their pleadings (hint: if a press release announces you plan to fix prices, Melinda will probably find it). Related Links: Chinese Vitamin C Antitrust Litigation Research on Effects of Twombly and Iqbal Hosted by: John Roberti, Partner, Allen & Overy and Sergei Zaslavsky, Counsel, O'Melveny & Myers

How can you tell if a review is truly genuine? Learn about who is regulating online reviews and influencers, and how these regulations affect what you see online. Lauren Aronson, an expert in the regulation of online reviews and influencers, speaks with John Roberti and Elyse Dorsey about these issues. We all read – and often rely on – online reviews. But how can you tell if a review is truly genuine? Our guest, Lauren Aronson, is an expert in the regulation of online reviews and influencers. Lauren speaks with John Roberti and Elyse Dorsey about who is regulating online reviews and influencers, and how these regulations affect what you see online. Listen to this episode and you may learn more about what a trustworthy review looks like. Some interesting links: The FTC Endorsement Guides FTC's FAQs on the Endorsement Guides Hosted by: John Roberti, Allen & Overy LLP and Elyse Dorsey, Federal Trade Commission

The European Commission has opened a formal antitrust investigation into Amazon in order to assess whether its use of data from independent retailers who sell on its marketplace is in breach of EU competition rules. This raises interesting issues about the intersection of competition law and data collection issues. What precisely are the potential concerns and what are the wider implications? Hosted by: John Roberti, Allen & Overy LLP and Matthew Hall, McGuireWoods London LLP

In the past 30 years, antitrust regimes have been widely adopted around the world. Our guest, Randy Tritell, is the Director of the Office of International Affairs at the Federal Trade Commission. In this episode, Randy talks with John Roberti and Ricardo Woolery about the growth of antitrust internationally. Randy will explain how the agencies around the world work together and share information during investigations and develop policies through multilateral organizations such as the ICN and OECD. Listen to this episode for an overview of how agencies cooperate on enforcement and how the FTC promotes policy convergence. Hosted by: John Roberti, Allen & Overy LLP and Ricardo Woolery, Skadden, Arps, Slate, Meagher & Flom LLP Some interesting links: FTC Office of International Affairs International Competition Network OECD Competition Committee

Merger control is one of the most high-profile areas of antitrust law, but jargon can all too easily obscure the key issues in this domain. Our guest, ABA Antitrust Section Merger Committee Co-Chair Mike Keeley, is an expert in getting mergers cleared by the antitrust agencies. In this episode, Mike talks with John Roberti and Sergei Zaslavsky about the process and substance of shepherding a merger from inception to approval. Listen to this episode for an (almost) jargon-free demystification of mergers, and to learn about the "freak-out" test for market definition. Hosted by: John Roberti and Sergei Zaslavsky