As 2022 comes to an end, the Antitrust Law Section's sector committees tell us which notable antitrust cases and investigations affected key industries and what they predict will make headlines in 2023. In this two-part special episode, hosts Alicia Downey, Sergei Zaslavsky, and Jaclyn Phillips speak with leaders of the committees responsible for providing Section members with programs and publications about the latest industry-specific antitrust developments. Listen to Part 1 to hear from the Health Care & Pharmaceuticals Committee, the Agriculture & Food Committee, and the Distribution and Franchising Committee. Listen to Part 2 to hear from the Transportation & Energy Committee, the Insurance & Financial Services Committee, and the Media & Technology Committee.

With special guests:

• Chris Wilson, Gibson, Dunn & Crutcher LLP
• Francesca Pisano, Arnold & Porter Kaye Scholer LLP
• Deborah F. Salzberger, McCarthy Tetrault LLP
• Andrew Ewalt, Freshfields Bruckhaus Deringer LLP
• Melanie Hallas Kirsch, AT&T
• Suzanne Munck af Rosenschold, Davis Polk & Wardwell LLP

Related Links:

Transportation & Energy Committee 

Insurance & Financial Services Committee 

Media & Technology Committee 

Hosted by:

• Alicia L. Downey, Downey Law LLC
• Sergei Zaslavsky, O'Melveny & Myers LLP
• Jaclyn Phillips, White & Case LLP

As 2022 comes to an end, the Antitrust Law Section's sector committees tell us which notable antitrust cases and investigations affected key industries and what they predict will make headlines in 2023. In this two-part special episode, hosts Alicia Downey, Sergei Zaslavsky, and Jaclyn Phillips speak with leaders of the committees responsible for providing Section members with programs and publications about the latest industry-specific antitrust developments. Listen to Part 1 to hear from the Health Care & Pharmaceuticals Committee, the Agriculture & Food Committee, and the Distribution & Franchising Committee. Listen to Part 2 to hear from the Transportation & Energy Committee, the Insurance & Financial Services Committee, and the Media & Technology Committee.

With special guests:

• Lauren M. Rackow, Cahill Gordon & Reindel LLP
• Brian Rafkin, Akin Gump Strauss Hauer & Feld LLP
• Adam Goodman, Dentons
• Jee-Yeon Lehmann, Analysis Group

Related Links:

Health Care & Pharmaceuticals Committee 

Agriculture & Food Committee 

Distribution & Franchising Committee 

Hosted by:

Alicia L. Downey, Downey Law LLC; Sergei Zaslavsky, O'Melveny & Myers LLP; and Jaclyn Phillips, White & Case LLP

Merger control analysis and clearance worldwide is becoming ever more difficult, complex and uncertain, with Illumina/Grail perhaps the standout recent example. Following the previous episode on this case (#141: A Power Grab Too Far? The European Commission Extends Its Merger Control Reach), what developments have there been and what can we learn from them? Philippe Chappatte, partner at Slaughter and May, who has been acting for Illumina, joins Matthew Hall and Jeny Maier to discuss the merger control investigations into Illumina's acquisition of Grail in the EU and US. Listen to this episode to learn more about the substantive and procedural issues raised by the case and practical points it raises.

With special guest:

Philippe Chappatte, partner, Slaughter and May

Related Links:

Our Curious Amalgam, Episode #141, A Power Grab Too Far? The European Commission Extends Its Merger Control Reach

Philippe Chappatte and Poppy Smith, The 27-Stop Shop?: The EU Commission’s unprecedented power grab in merger control

Philippe Chappatte and Josephine Rabinowitz, Illumina/Grail: All Eyes on the General Court

European Commission press release 6 September 2022 "Mergers: Commission prohibits acquisition of GRAIL by Illumina"

European Commission Illumina/Grail merger investigation case page

European Commission Article 22 guidance 26 March 2021

EU General Court judgment 13 July 2022 Illumina v European Commission (appeal on Article 22 EU Merger Regulation referral)

Illumina appeal of EU General Court judgment 13 July 2022

Hosted by:

Matthew Hall, partner, McGuireWoods London LLP and Jeny Maier, partner, Axinn, Veltrop & Harkrider LLP

Vertical mergers present unique doctrinal and economic issues and are rarely challenged in court, so when two vertical merger opinions are issued in a short period of time, it is a great opportunity to check in on this area of antitrust law. What are the facts and legal arguments that led to defense victories in the recently litigated UnitedHealth Group – Change Healthcare and Illumina – Grail mergers (currently under appeal)? Sara Razi, Partner at Simpson Thacher and counsel for Change, joins Sergei Zaslavsky and Jaclyn Phillips to discuss these important cases. Listen to this episode to learn more about these two cases and the important lessons they hold for merger litigation practitioners.

With special guest:

Sara Razi, Partner, Simpson Thacher & Bartlett LLP

Related Links:

UnitedHealth Group - Change Healthcare district court opinion

Illumina - Grail administrative law judge opinion

Hosted by:

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

In November 2022, the FTC issued a policy statement concerning the scope and meaning of unfair methods of competition under Section 5 of the FTC Act. So what has changed under Section 5 and where are we headed? Angela Landry, counsel at Freshfields, joins Christina Ma and Jaclyn Phillips to discuss Section 5, how the FTC's approach has changed with its 2022 statement, and what we might see as it gets put into practice.

With special guest:

Angela Diveley Landry, Counsel, Freshfields Bruckhaus Deringer US LLP

Related Links:

https://blog.freshfields.us/post/102i1jq/ftc-seeks-to-revive-prohibitions-against-unfair-competition

https://www.ftc.gov/system/files/ftc_gov/pdf/P221202Section5PolicyStatement.pdf

https://www.ftc.gov/system/files/ftc_gov/pdf/P221202Section5PolicyWilsonDissentStmt.pdf

Hosted by:

Christina Ma, Partner, Wachtell, Lipton, Rosen, & Katz and Jaclyn Phillips, Associate, White & Case LLP

In the American political system, the judiciary serves as an impartial, independent branch of government responsible for interpreting our laws and deciding cases and controversies. Even with these foundational principles, how do we ensure public trust in the institution? Sixth Circuit Court of Appeals Judge Bernice Donald joins Kayla Odom and Alicia Downey to reflect on the public perception of the role of the judiciary. Listen in to hear what shapes our understanding of the courts, and what the judiciary can do to ensure public confidence in the administration of justice.

With special guest:

Hon. Bernice B. Donald, U.S. Court of Appeals for the Sixth Circuit

Related Links:

Bernice B. Donald and Don R. Willett – How to counter today’s tribalism and build ‘a more perfect union’ – Sept. 16, 2022

Press Release, Federal appeals court judge Bernice Donald to receive Sandra Day O’Connor Award for outstanding contributions to justice – Aug. 31, 2022

Hosted by:

Alicia Downey, Downey Law LLC and Kayla Odom, Corporate Counsel, Renesas

Latin America is an increasingly important region for antitrust enforcement. Are there similarities across the region and with other parts of the world? Julián Peña, partner at Allende & Brea, joins Anant Raut and Matthew Hall to discuss LATAM antitrust history and trends. Listen to this episode to learn more about antitrust in Latin America, how it developed and how to approach it.

With special guest:

Julián Peña, partner, Allende & Brea, Buenos Aires

Related Links:

Competition Law in Latin America is Facing New Challenges

Hosted by:

Matthew Hall, partner, McGuireWoods London LLP and Anant Raut, Antitrust and Privacy Law Expert

The world of antitrust and consumer protection law is made up of fascinating people, including Rahul Rao, the newest Deputy Director of the Federal Trade Commission's Bureau of Competition. How did he go from Big Law associate, to stay-at-home dad, to the Washington state AG's office, and now the FTC? Hosts Alicia Downey and Jeny Maier talk with Deputy Director Rao about his unique career path from private practice to government service, his past and current enforcement priorities, and his advice for up and coming practitioners. Listen to this episode to learn about one lawyer's pathway to a rewarding career in public service.

With special guest:

Rahul Rao, Deputy Director, Bureau of Competition, Federal Trade Commission

Related Links:

Washington State Attorney General’s Office, No-Poach Initiative Report

Press Release, Washington State Attorney General's Office, "Lasting impact: Study finds AG Ferguson’s no-poach initiative boosted income for low-wage workers nationwide"

Hosted by:

Alicia L. Downey, Downey Law LLC and Jeny Maier, Axinn, Veltrop & Harkrider LLP

Web3 is being touted as the future of the internet. The vision for this new version of the web revolves around the notion of decentralization, driven by blockchain-based technologies including cryptocurrencies and NFTs. User privacy is central to these advances, but what does all of this mean for decentralized finance compliance and identity verification? How does a small tech company navigate the overlapping web of privacy, competition, and other regulations? And what are the implications for user data access? In this episode, co-hosts Elyse Dorsey and Jana Seidl speak with Matt McGuire, General Counsel of Violet, about all things Web3, crypto, and privacy, including what’s happening with the California Privacy Protection Agency’ CPRA implementation.

With special guest:

Matt McGuire, General Counsel, Violet

Related Links:

CPPA Rulemaking

Matt McGuire, Violet Comments to CPPA

Where’s Ooki? CFTC’s Lawsuit Delivery Via Chatbox Raises Eyebrows

Violet

Hosted by:

Elyse Dorsey and Jana Seidl

The U.S. health care industry is complex and dynamic, resulting in antitrust issues that are just as complex. So what does the past decade of the intersection of antitrust and health care signal about the future? John Carroll and Amy Ritchie speak with Christina Ma and Jaclyn Phillips about these issues and the comprehensive update to the ABA's Health Care Handbook. Listen to this episode to learn more about the ACA, managed care, labor markets, and more.

With special guests:

John Carroll, Partner, Sheppard Mullin and Amy Ritchie, Attorney, Bureau of Competition at Federal Trade Commission

Related Link:

Antitrust Health Care Handbook, Fifth Edition 

Hosted by:

Christina Ma, Wachtell, Lipton, Rosen, & Katz and Jaclyn Phillips, White & Case LLP