Our Curious Amalgam American Bar Association

Labour markets are in the focus of competition law regulators worldwide and companies and their advisers need to know what the issues are. What is the situation in the EU and its member states? Johanna Kübler, partner at German competition law firm Commeo, joins Jaclyn Phillips and Matthew Hall to discuss the background to this current focus in the EU, the legal rules that apply, the current status of leading investigations and key practical compliance messages. Listen to this episode to learn more about how to navigate and comply with competition law in this important area.
With special guest:
Johanna Kübler, partner, COMMEO Rechtsanwälte PartGmbB
Related Links:
Portugal Competition Authority technology consulting no-poach investigation 2024:
https://www.concorrencia.pt/en/articles/adc-accuses-multinational-technology-consulting-group-anticompetitive-practices-labor https://www.concorrencia.pt/en/articles/adc-fined-multinationals-anticompetitive-practices-labor-market
European Commission Competition Policy Brief "Antitrust in Labour Markets" May 2024

Commissioner Vestager speech October 2021 "A new era of cartel enforcement"

European Commission food delivery no-poach investigation November 2023

Commeo newsletter "Labour Markets in the Focus of Competition Watchdogs" May 2024

UK Competition and Markets Authority purchase of freelance services investigations

U.S. Federal Trade Commission "FTC Announces Rule Banning Noncompetes" April 2024


Hosted by:
Jaclyn Phillips, White & Case LLP and Matthew Hall, McGuireWoods London LLP

Private equity and health care are important aspects of the U.S. economy. Why are antitrust enforcers focused on the intersection of these two areas? Carla Hine, an antitrust attorney well-versed in both industries, joins Jaclyn Phillips and Jeny Maier to discuss the role PE plays in health care transactions and what antitrust enforcers' recent focus means for such transactions. Listen to this episode to learn more about everything from the benefits of PE investment to legal theories underlying the current conversation.
With special guest:
Carla Hine, Counsel, Weil, Gotshal & Manges LLP
Hosted by:
Jaclyn Phillips, White & Case LLP and Jeny Maier, Axinn, Veltrop & Harkrider LLP

The Australian Competition and Consumer Commission's enforcement and policy priorities for 2024-2025 reflect a focus on a wide range of conduct in many industries. What does this mean for practitioners, market participants, and consumers in Australia? Peta Stevenson, a competition attorney with more than two decades of experience, joins Jaclyn Phillips and Anant Raut to discuss the takeaways and implications. Listen to this episode to learn more about competition enforcement in Australia.
With special guest:
Peta Stevenson, Partner, King & Wood Mallesons
Related Links:
Easing Cost of Living: ACCC Announces 2024 Enforcement Priorities, With a Focus on Consumers
Stop Right There: Australia’s Merger Regime Set To Change
Hosted by:
Jaclyn Phillips, White & Case LLP and Anant Raut

The Federal Trade Commission's non-compete ban has stirred vigorous discussion in the antitrust bar and beyond. What do economic theory and empirical analysis tell us about the effects of non-competes, and whether a ban is justified? Economists Evan Starr and Brian Albrecht join co-hosts Sergei Zaslavsky and Anora Wang to debate the state of economic evidence on non-competes, the implications for policy, and what we still have to learn. Listen to this episode, which also aired as a live ABA program, for an in-depth discussion that highlights both areas of consensus and areas of disagreement on the economics of non-competes.
With special guests:
Evan Starr, Associate Professor, University of Maryland Robert H. Smith School of Business and Brian Albrecht, Chief Economist, International Center for Law & Economics
Related Links:
Starr, Evan P., J.J. Prescott, and Norman D. Bishara. "Noncompete Agreements in the U.S. Labor Force." Journal of Law and Economics 64, no. 1 (2021): 53-84 
Thomas, Randall S. and Thomas, Randall S. and Bishara, Norman D and Martin, Kenneth J., An Empirical Analysis of Non-Competition Clauses and Other Restrictive Post-Employment Covenants (February 26, 2014)
Posner, Eric A. and Triantis, George G. and Triantis, Alexander J. and Triantis, Alexander J., Investing in Human Capital: The Efficiency of Covenants Not to Compete (January 2004)
Hosted by:
Sergei Zaslavsky and Anora Wang, Arnold & Porter Kaye Scholer LLP

The preservation of competition in agricultural markets has been identified as as one of the Biden Administration's highest enforcement priorities. In this episode, co-hosts Alicia Downey and Barry Nigro talk to Professor Kelly Nuckolls of the University of Arkansas School of Law about recent enforcement actions and rulemaking efforts targeting anticompetitive practices in the agriculture sector. Listen to this episode to learn about the DOJ Antitrust Division's case against benchmarking service provider Agri Stats based on allegedly collusive information-sharing, and the Division's renewed interest in enforcing the Packers and Stockyards Act of 1921--a federal statute with the potential to support challenges to unfair conduct that the Sherman Act might not reach.
With special guest:
Kelly Nuckolls, Assistant Director and Visiting Assistant Professor of Law for the LL.M. Program in Agricultural and Food Law, University of Arkansas School of Law
Related Links:
Agricultural Marketing Service, Department of Agriculture (USDA), Inclusive Competition and Market Integrity Under the Packers and Stockyards Act, 9 CFR 201.302-201.390 (Mar. 6, 2024)

Agricultural Marketing Service, Department of Agriculture (USDA), Transparency in Poultry Grower Contracting and Tournaments, 9 CFR 201.2-201.4 (Nov. 28, 2023)

Wheeler v. Pilgrim's Pride Corp., 591 F.3d 355 (5th Cir. 2009)


Hosted by:
Alicia Downey, Downey Law LLC and Barry Nigro, Fried, Frank, Harris, Shriver & Jacobson LLP

Not many antitrust lawyers have a front row seat to competition law and policy around the globe. But have you met Krisztian Katona? Krisztian Katona, an international competition lawyer, speaks with Anora Wang and Jaclyn Phillips about the trajectory of his career, insights about competition law and trends, and how the ABA provides opportunities for international lawyers.
With special guest:
Krisztian Katona, Computer & Communications Industry Association
Hosted by:
Anora Wang, Arnold & Porter Kaye Scholer LLP and Jaclyn Phillips, White & Case LLP