The debate about the role of government in regulating monopolies is getting more heated by the day. How do historical concepts of "monopoly" fit into the discussion? Veteran antitrust scholar, practitioner, and author Barry Hawk joins Alicia Downey and Matt Reynolds to discuss his latest foray into legal history in his new book, "Monopoly in America." Listen to this episode to learn about how popular conceptions of monopoly and "monopolizers" evolved long before the passage of modern U.S. antitrust laws.

With special guest:

Barry E. Hawk

Related Links:

Barry E. Hawk, Monopoly in America (Juris 2022)

Hosted by:

Alicia Downey, Downey Law LLC and Matthew Reynolds, Huth Reynolds LLP

Plaintiffs in consumer data privacy class action lawsuits may demand money damages for the loss of the value of their personal information. But how much money is that personal information really worth? And what was lost? In this episode, hosts Alicia Downey and Aaron Yeater talk to economist Mike Kheyfets of Edgeworth Economics about these and other questions to which there are no simple answers, whether from an economic or legal perspective. Listen to this episode to learn about approaches to valuing personal information in data privacy lawsuits.

With special guest:

Michael Kheyfets, Edgeworth Economics

Related Links:

Michael Kheyfets, "Value of Personal Information Theories in Data Privacy Class Actions," Bloomberg Law (Sept. 19, 2022)

Hosted by:

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

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