The practice of personalized pricing has been empowered by advanced algorithms in the digital era. Relevant policy debates and lawsuits are on the rise in recent years in China. When is personalized pricing unlawful? Dr. Annie Xue, head of GEN Law Firm's compliance practice in China, joins Anora Wang and Lijun Zhang to discuss relevant policy debates and court litigations. Listen to this episode if you want to learn more about the legal framework, litigation landscape, and compliance tips involving personalized pricing in China.

With special guest:

Dr. Annie Xue, Partner, GEN Law Firm

Related Links:

European Parliament Study: Personalised pricing (2022) 消费者应该有多少数据控制权? How much data control should consumers have? (Lecture video attached) (2022) (Chinese text + English webinar)

Hosted by:

Anora Wang, Arnold & Porter Kaye Scholer LLP and Lijun Zhang, Freshfields Bruckhaus Deringer LLP

Do AI algorithms have the ability to conspire and collude? Join us as we dive into the black box of algorithm pricing with Dr. Ai Deng, a principal in the consulting firm Charles River Associates. We will discuss the implications of AI technology on competition, two types of algorithmic collusion, and how AI approaches economic incentives. Don't miss this fascinating discussion about AI and pricing algorithms!

With special guest:

Dr. Ai Deng, Principal, Charles River Associates

Related Links:

Ai Deng, What Do We Know About Algorithmic Collusion Now? New Insights from the Latest Academic Research (2023)

Ai Deng & Cristián Hernández, Algorithmic Pricing in Horizontal Merger Review: An Initial Assessment, Antitrust, Vol. 36, No. 2 (Spring 2022)

Ai Deng, Algorithmic Collusion and Algorithmic Compliance: Risks and Opportunities, The Global Antitrust Institute Report on the Digital Economy 27 (2021)

Las Vegas hotels accused of rental price conspiracy in class action, Reuters (Jan. 26, 2023)

Algorithmic Price Fixing Leads to Antitrust Class Action Lawsuit, Natlawreview.com (Dec. 6, 2022)

Hosted by:

Anora Wang, Arnold & Porter Kaye Scholer LLP and Panos Dimitrellos, Secretariat Economists

Pharmacy benefit managers (PBMs) are being called out for engaging in allegedly anticompetitive business practices that make prescription drugs less affordable. But do PBMs actually promote competition in the healthcare industry? In this episode, Professor Casey Mulligan, an economist and law professor at the University of Chicago, discusses what his research indicates could be the unintended adverse consequences of imposing transparency requirements and other regulatory burdens on PBMs. Listen to this episode to hear the arguments against targeting PBMs with restrictive legislation and enforcement proceedings as a means of reining in high drug prices.

With special guest:

Casey Mulligan, Professor of Economics, University of Chicago

Related Links:

Casey Mulligan, Ending Pay for PBM Performance: Consequences for Prescription Drug Prices, Utilization, and Government Spending (Sept. 2023)

Casey Mulligan, Testimony before Senate Committee on Commerce, Science & Transportation (Feb. 16, 2023)

Casey Mulligan, In Defense of Pharmacy Benefit Managers, Wall Street Journal Op-Ed (July 11, 2022)

Hosted by:

Alicia Downey and Jeny Maier

The role of antitrust in health care is a common topic in the antitrust world. But does health care quality play a big enough role in the discussion? Professor Theodosia Stavroulaki joins Jaclyn Phillips and Jeny Maier to discuss her new book, which focuses on the role of competition and quality in healthcare markets. Listen in to hear more about Professor Stavroulaki's compelling research.

With special guest:

Theodosia Stavroulaki, Assistant Professor of Law, Gonzaga University School of Law

Related Links:

Theodosia Stavroulaki, Mergers That Harm Our Health (Berkeley Business Law Journal)

Hosted by:

Jeny Maier, Axinn, Veltrop & Harkrider LLP and Jaclyn Phillips, White & Case LLP

Microsoft's proposed acquisition of Activision Blizzard was controversially blocked in its original form by the UK Competition and Markets Authority. What was the CMA's rationale and how has the investigation played out since then? Bruce Kilpatrick, partner at Addleshaw Goddard LLP in London, joins Christina Ma and Matthew Hall to discuss the UK element of the worldwide merger control investigation into this case. Listen to this episode to learn more about the CMA's original investigation, the parties' appeal to the UK Competition Appeal Tribunal, the CMA's review of an amended transaction and the future of behavioral remedies in the UK.

With special guest:

Bruce Kilpatrick, Partner, Addleshaw Goddard LLP

Related Links:

UK Competition and Markets Authority Microsoft/Activision Blizzard merger case page (original transaction) UK Competition and Markets Authority Microsoft/Activision Blizzard merger case page (amended transaction) European Commission press release Microsoft/Activision Blizzard merger clearance U.S. Federal Trade Commission press release challenge to Microsoft/Activision Blizzard merger Summary of appeal application at UK Competition Appeal Tribunal (original transaction) UK Competition Appeal Tribunal case page (original transaction)

Hosted by:

Christina Ma, Wachtell, Lipton, Rosen & Katz and Matthew Hall, McGuireWoods London LLP

Fiona Schaeffer, a prominent antitrust lawyer, has taken on the big job of leading the ABA Antitrust Law Section in 2023-24. In this episode, co-hosts Alicia Downey and Anora Wang interview Fiona about her goals for the year and the initiatives she is leading to explore the relationship between antitrust and consumer protection law and sustainability, as well as the impact of artificial intelligence on the law and the legal profession. Listen to this episode to get to know Fiona and, as a bonus, meet Anne Catherine Faye, the first economist appointed to serve in the important role of Counsel to the Chair.

With special guests:

Fiona Schaeffer, Milbank LLP and Anne Catherine Faye, Analysis Group

Related Links:

Upcoming ABA Antitrust Law Section events 

Hosted by:

Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP

Bank failures in 2023 led to renewed interest in bank consolidation and debate over the role of antitrust in bank policy. But does this mean we can expect the DOJ Antitrust Division to change the way they are approaching bank mergers? Damian Didden, Partner at Wachtell, joins Jaclyn Phillips and Sergei Zaslavsky to explain the debate about bank consolidation and what we can glean from the Antitrust Division's statements about its approach to bank merger review. Tune in to learn more about whether you can bank on changes in this space.

With special guest:

Damian Didden, Partner, Wachtell, Lipton, Rosen & Katz

Related Links:

Wachtell Comments on Revisions to the 1995 Banking Guidelines

Wachtell Lipton Criticizes Putting Politics in Bank Merger Antitrust Policy

Hosted by:

Jaclyn Phillips, White & Case LLP and Sergei Zaslavsky, O'Melveny & Myers

Private equity has been in the hot seat at the Federal Trade Commission and the Antitrust Division lately. Both agencies have increasingly expressed skepticism regarding PE buyers and owners, and have devoted more resources to investigating matters where PE parties are involved. But what exactly is PE? And how does it fit into the antitrust regulatory landscape? In this episode, co-hosts Elyse Dorsey and Jana Seidl speak with Sarahi Constantine Padilla, Senior Counsel at Warburg Pincus, about all-things private equity—and ask all the burning questions you might have been afraid to ask.

With special guest:

Sarahi Constantine Padilla, Senior Counsel at Warburg Pincus

Related Links:

U.S. v. UnitedHealth Group and Change Healthcare - Memorandum Opinion

FTC's Khan puts private equity 'on notice' that roll-up strategies could be illegal

Chair Lina Khan, Memorandum to Commission Staff and Commissioners

Hosted by:

Elyse Dorsey, Kirkland & Ellis LLP and Jana Seidl, Baker Botts LLP

Ten years ago, the U.S. Supreme Court issued its 5-3 decision in FTC v. Actavis, which held that the rule of reason should govern so-called "pay-for-delay" patent litigation settlement agreements between brand name and generic pharmaceutical manufacturers. In this episode, hosts Aaron Yeater and Alicia Downey talk to Kristen O'Shaughnessy and Dan Grossbaum about how the decision has shaped litigation in the years since and its implications for antitrust challenges in other industries. Listen to this episode to learn about the impact of the Actavis decision in the past ten years and in the future.

With special guests:

Kristen O'Shaughnessy, Partner, White & Case and Daniel Grossbaum, Associate, White & Case

Related Links:

FTC v. Actavis: Opinions and Oral Arguments

Hosted by:

Alicia Downey, Principal, Downey Law LLC and Aaron Yeater, Managing Principal, Analysis Group

Employment data is a critical component of the financial ecosystem—it’s required documentation if you want to rent or buy a home, purchase a car, apply for a new job, or get a loan. As digital technology is transforming the manner in which payroll information is collected and leveraged, we’re faced with important questions, the answers to which will shape the framework going forward. In this episode, we speak with Nick Lawson, General Counsel at Argyle, about all things employment data, including the current framework, what’s happening with the CFPB's rulemaking on personal financial data rights, and predictions for what might be ahead.

With special guest:

Nicholas Lawson, General Counsel, Argyle Systems Inc.

Related Links:

CFPB Newsroom - CFPB Kicks Off Personal Financial Data Rights Rulemaking

Argyle - Let’s Make Consumer Permissions Fundamental to Payroll Data

Hosted by:

Jana Seidl, Senior Associate, Baker Botts LLP and Elyse Dorsey, Partner, Kirkland & Ellis LLP