Our Curious Amalgam explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in those areas. It is an amalgam because it is a group of diverse topics all in one place. It is curious because it gets the experts and asks them in-depth questions.
What’s the Fix? Understanding the Antitrust Cases Against Platforms and Desired Remedies
Digital platforms are under immense public scrutiny, in the United States and elsewhere, leading to investigations and cases likely to be filed. But how to understand the complex antitrust analysis relevant to platforms including the measurement of power and relevant markets? And if an antitrust case is made against platforms, what’s the fix? Prof. Herbert Hovenkamp, a leading scholar, joins Anora Wang and Christina Ma to discuss the U.S. congressional investigation of platforms as reported in October 2020 and considerations that should go in the design of antitrust remedies involving platforms.
U.S. House Report on Competition in Digital Markets (October 2020)
Herbert Hovenkamp, Antitrust and Platform Monopoly
Anora Wang, Winston & Strawn LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz
How Was the Case Won? The Processed Egg Products Antitrust Trials.
Antitrust class actions are rarely tried all the way through to a jury verdict. How did a team of lawyers from Columbus, Ohio and Washington, D.C. win a defense verdict in not one, but two antitrust trials in an 18-month period? Jim King and Jay Levine talk with Alicia Downey and John Roberti about how the cases were won. Hear from their younger colleagues about the lessons they learned and the most memorable moments in the courtroom. Listen to this episode to catch up with a case that has been ongoing since 2008, with yet more twists and turns to come.
Featured Guests: Allen Carter, Senior Associate, Porter Wright Morris & Arthur LLP and Arlene Boruchowitz, Associate, Porter Wright Morris & Arthur LLP
In re Processed Egg Products Antitrust Litigation, No. 19-1088 (3d Cir. June 22, 2020)
Alicia L. Downey, Downey Law LLC and John Roberti, Partner, Allen & Overy LLP
All Bundled Up? Making Antitrust Sense of Product Bundles and Clusters.
Market definition is a core concept in antitrust law. While product markets are usually defined based on substitutability, are there situations where products that are not substitutes belong in the same market? Kevin Hahm, a partner at Hunton Andrews Kurth and a long-time FTC enforcer, joins Sergei Zaslavsky and Christina Ma to discuss bundle and cluster markets --- those unique situations where products that are not substitutes are grouped in the same market. Listen to the podcast to learn what bundle and cluster markets are and why they matter.
ProMedica Sixth Circuit Opinion
Staples II District of DC Opinion
Whole Foods DC Circuit Opinion
Christina Ma, Wachtell, Lipton, Rosen & Katz and Sergei Zaslavsky, O'Melveny & Myers
Do You Really Know All 54? Antitrust Law in Africa
The 54 African countries are becoming increasingly important from a competition law point of view. But can we assume the rules are the same as elsewhere? George Lipimile of COMESA and Jocelyn Katz of ENSafrica join John Roberti and Matthew Hall to discuss key issues in African competition law. Listen to this episode to learn about some of the features that make the law on the African continent unique.
COMESA Competition Commission
South Africa: Babelegi excessive pricing case
South Africa: Dis-Chem excessive pricing case
South Africa: ENS newsflash on competition exemptions for banking and retail property sectors to support the Coronavirus fallout
South Africa: ENS newsflash on the Coronavirus (COVID-19) and the Competition Act
Namibian Competition Commission: update on Consumer Exploitation Complaints (May 2020)
Malawi CFTC: Excessive Pricing Of Bus Services Due To Covid 19 And Enforcement Of Bus Fare Tables (June 2020)
South Africa: Competition Commission’s Guidelines for the Assessment of Public Interest Provisions in Mergers
Kenya: Telkom-Airtel merger review decision
Nigeria: FCCP Act
Namibia: Draft Competition Bill
eSwatini: Draft Competition Bill
Malawi CFTC: Suspected Collusive Practices And Unconscionable Conduct By Independent Schools (May 2020)
South Africa: Competition Tribunal Confirms 14th Settlement In Maize Cartel Case
Mauritius: Fines of Rs 76 million recommended, on two suppliers of chemical fertilisers for illegal cartel conducts
International: ICN Guidance on Enhancing Cross-Border Leniency Cooperation
Nigeria: Businesses tighten as Commission plans to embark on raids
John Roberti, Partner, Allen & Overy LLP and Matthew Hall, Partner, McGuireWoods London LLP
It's Been a Year Already? Welcome to Our Curious First Birthday.
Our Curious Amalgam is having a party and you're invited! In this special one-year anniversary episode, host Alicia Downey speaks with guests Brian Henry, immediate past chair of the ABA Antitrust Law Section, and John Roberti, the regular co-host of OCA, about how they created a podcast from scratch, including the origin story of our curious name. Listen to this episode to hear about our curious co-hosts' favorite episodes over the past year.
Alicia Downey, Downey Law LLC
#79 Will the Past Be Prologue? Understanding the History of Enforcement of the 1970s.
There has been substantial discussion of enhanced antitrust enforcement by what has been referred to as the “new” Brandeis School of Antitrust; but that implies that there was an original Brandeis School of Antitrust. What can we learn from this original school? Storied antitrust enforcer, academic and practitioner Tim Muris joins John Roberti and Christina Ma for a discussion of the last great effort to enhance antitrust enforcement and how it developed. Listen to this episode to learn more about the past and whether it may repeat itself.
Timothy J. Muris and J. Howard Beales III, FTC Consumer Protection at 100: 1970s Redux or Protecting Markets To Protect Consumers, 83 George Washington Law Review 2157
Timothy J. Muris and Jonathan E. Nuechterlein, Chicago and Its Discontents (with) (Forthcoming University of Chicago Law Review)
Timothy J. Muris , Will the FTC’s Success Continue?
Timothy J. Muris and Jonathan E. Nuechterlein, Antitrust in the Internet Era: The Legacy of United States v. A&P, 54 Rev. of Industrial Org. 651 (2019)
Christina C. Ma, Wachtell, Lipton, Rosen & Katz and John Roberti, Allen & Overy LLP