The United States v. Apple "eBooks" case was very strong in doctrinal terms—it involved a horizontal price-fixing cartel with overwhelming evidence proving the conspiracy and the harm it caused, and to antitrust lawyers it was a case that the government couldn't lose. If it is true that Americans believe in markets and competition, then the case should have had strong support. But to the broader public it was not an easy case at all, and Apple and the publishing company defendants found supporters all across the political spectrum. Chris Sagers, distinguished professor and author of United States v. Apple: Competition Policy in America, joins us in taking a closer look at the eBooks case and the public's perception of the role of antitrust laws.

Related Links:

Chris Sagers, United States v. Apple: Competition in America (Harvard University Press, Sept. 17, 2019) United States v. Apple, Inc., 952 F. Supp. 2d 638 (S.D.N.Y 2013) United States v. Apple, Inc., 791 F.3d 290 (2d Cir. 2015) More from our guest, Chris Sagers

Hosted by:

John Roberti, Allen & Overy LLP and Kayla Odom, Freitas & Weinberg LLP

How can you build your network in the complex field of antitrust law? And where do you find the time and energy to do it? Join Karen Wickre, author of Taking the Work Out of Networking: An Introvert's Guide to Making Connections That Count, as she speaks to Deona Kalala and John Roberti about how to integrate social media into your daily practice. Listen to this program if you want to learn more about using social media and other tools at your disposal to build your brand within our competitive field.

Related Links:

https://karenwickre.com/

Hosted by:

Deona Kalala, Alston & Bird LLP and John Roberti, Allen & Overy LLP

Every year, US prosecutors charge dozens of people for price-fixing. Who are these people? What drives them to price-fix? And why are almost all of them men? Two former DOJ antitrust prosecutors Anna Pletcher and Heather Nyong'o tell us what price fixers have in common, the one woman price-fixing defendant they prosecuted, and what we can do to counter corporate cultures prone to price-fixing.

Related Links:

The Fortune 500 Has More Female CEOs Than Ever Before Q&A with Lisa Phelan

Hosted by:

John Roberti, Partner, Allen & Overy LLP and Tammy Zhu, Legal Counsel, Medallia, Inc.

What are some common legal traps in advertising? Enforcers at the FTC have good ways to describe them—and they all rhyme—illustrated with some intriguing examples from real ads. Lesley Fair, a senior attorney at the FTC's Bureau of Consumer Protection, speaks with John Roberti and Anora Wang about how ads can run afoul of the FTC Act and offers tips on how advertisers can comply. Listen to learn about the "perception deception," "proof goof," "disclosure delusion," and "tech trap."

Related Links:

Advertising FAQ's: A Guide for Small Business

Hosted by:

John Roberti, Partner, Allen & Overy LLP and Anora Wang, Associate, Winston & Strawn LLP

The relationship between Big Data and Antitrust has been a hot topic recently. In this episode, University of Florida Law Professor and White & Case Senior Advisor Daniel Sokol talks with hosts John Roberti and Sergei Zaslavsky about this important subject, combining his genuine expertise, eclectic erudition, and unique panache. Any Big Data podcast can provide an explanation of the four Vs and network effects; this one mixes in Fiddler on the Roof, Woody Allen, Werner Herzog, and Joseph Schumpeter's thesis advisor. Listen to this episode for an engaging conversation that is educational and entertaining in equal measure.

Related Links:

The Four Vs of Big Data Daniel Sokol and Roisin Comerford, Antitrust and Regulating Big Data

Hosted by:

John Roberti, Partner, Allen & Overy and Sergei Zaslavsky, Counsel, O'Melveny & Myers

What is the role of an economist in identifying harm? ABA Antitrust Law Section Economics Co-Chair Dr. Laila Haider talks to Christina Ma and John Roberti about the role of economists in antitrust matters and their particular importance in identifying harm to consumers. Listen in to this episode to learn more about how economists and lawyers work together on cases. There will be no math on the test.

Hosted by:

Christina Ma, Associate, Wachtell Lipton and John Roberti, Partner, Allen & Overy LLP

On January 10, the Federal Trade Commissions and the Department of Justice released Draft Vertical Merger Guidelines. In this Breaking News Special, ABA Antitrust Law Section Mergers Committee Co-Chairs Michael Keeley and Joanna Tsai join hosts John Roberti and Sergei Zaslavsky to share their initial reactions to the Guidelines. Listen to this episode to learn about vertical theories of harm, quasi safe harbors, and EDM (hint - it's not electronic dance music).

Related Links:

Draft Vertical Merger Guidelines

Hosted by:

John Roberti, Partner, Allen & Overy and Sergei Zaslavsky, Counsel, O'Melveny & Myers

Are prescription drug prices too high and can antitrust and competition law be used to regulate the "right" price? NYU professor Harry First and Lauren Rackow will talk to John Roberti and Ricardo Woolery about the recent trend of increasing prescription drug prices, whether the "right" price exists, and whether antitrust and competition law have tools to regulate these prices. Listen to this episode to learn more about how competition experts think about high drug prices and calls for greater antitrust and competition law enforcement to regulate them.

Related Links:

Harry First, Excessive Drug Pricing as an Antitrust Violation, 82 Antitrust Law Journal 701 (2019) U.S. Dep't of Justice, Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act, Chapter 1 (2008) A Brief Overview of the Federal Trade Commission's Investigative, Law Enforcement, and Rulemaking Authority, Section II(2) Overview of Article 102 of the Treaty on the Functioning of the European Union

Hosted by:

John Roberti and Ricardo Woolery

The U.S. Supreme Court is no stranger to antitrust law. Jaime Santos, a partner in Goodwin Procter's appellate group, joins Christina Ma and John Roberti to explore recent Supreme Court antitrust cases, including FTC v. Actavis, Ohio v. American Express, and Apple v. Pepper. Listen to this episode to learn more about how the changing Supreme Court bench is likely to impact antitrust cases in the years to come.

Related Links:

Apple v. Pepper SCOTUS decision Ohio v. American Express SCOTUS decision FTC v. Actavis SCOTUS decision FTC/DOJ Rift Over Qualcomm Hosted by:

Christina Ma, Associate, Wachtell Lipton and John Roberti, Partner, Allen & Overy LLP

Social media is convenient and gets people connected, but how can the legal profession use it effectively, and for what purposes? Should lawyers try to be influencers? Marketing professionals Nancy Myrland & Valentina Escobar-Gonzalez speak to John Roberti and Anora Wang about how lawyers, economists, and scholars alike can use social media in personal branding, reaching out to desired audiences, and more. Listen to this episode to learn how to use social media to enhance your practice and become a leader.

Related Links:

Mark Schaefer on "Only We"

Hosted by:

John Roberti, Partner, Allen & Overy LLP (Washington DC office) and Anora Wang, Associate, Winston & Strawn LLP (Washington DC office)