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#127 Does the FRAND Framework Need a Fix?: Conversation With Prof. Jorge Contreras About Antitrust and IP

Our Curious Amalgam

Release Date: 08/09/2021

#169 Shortchanged? The Treasury Department's Report on Labor Market Competition in the U.S. show art #169 Shortchanged? The Treasury Department's Report on Labor Market Competition in the U.S.

Our Curious Amalgam

Labor market competition is one of the hottest issues in antitrust right now. Are workers being underpaid? Yes, says Treasury Department Deputy Assistant Secretary Neil Mehrotra, who joins Anant Raut and Alicia Downey to discuss the startling findings of Treasury's investigation into labor market competition. Listen to this episode to learn what we've misunderstood about labor market power, why workers are getting paid less than they should, and President Biden's long history combating this issue. With special guest: Neil Mehrotra, Deputy Assistant Secretary for Macroeconomics in the U.S....

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#168 Is Antitrust Really Apolitical? Autocracy, Populism, and Antitrust show art #168 Is Antitrust Really Apolitical? Autocracy, Populism, and Antitrust

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Tumultuous political change, including the rise of populism, has been one of the key trends of the past decade. How do the shifting political winds affect antitrust, the largely technocratic domain some consider to be apolitical? University of Warsaw Professor Maciej Bernatt joins Christina Ma and Sergei Zaslavsky to discuss the interrelationship between rising autocracy and populism in Central Europe (and other parts of the world) and competition policy and enforcement. Listen to this episode to learn how political change in Poland and Hungary has affected the antitrust world, and what...

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#167 What’s Going On With State Enforcement? An Update From the Front Lines show art #167 What’s Going On With State Enforcement? An Update From the Front Lines

Our Curious Amalgam

In recent years, efforts by state attorneys general to enforce the antitrust laws have been in the news far more than in the past, as state AGs have taken the lead in challenging no poach agreements and pursuing cutting edge theories in prosecutions of Big Tech companies. How and why are the states making competition an enforcement priority? In this episode, hosts Melissa Maxman and Alicia Downey talk with Milton Marquis, an antitrust practitioner with decades of experience representing clients in state investigations and enforcement proceedings. Listen to this episode to learn about the...

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#166 What Say You? International Enforcers Live at Spring Meeting 2022 (Part 2) show art #166 What Say You? International Enforcers Live at Spring Meeting 2022 (Part 2)

Our Curious Amalgam

The Spring Meeting brings together thousands of antitrust practitioners and enforcers and this year was no exception. What did the attendees have to say? Alicia Downey and Anora Wang speak with Advocate John Simpson, Tribunal Member of South Africa’s National Consumer Tribunal, Brenda Gisela Hernández Ramírez, Acting Chair of COFECE (Mexico), and Ricardo Riesco, Head of Fiscalía Nacional Económica (Chile), on their agencies' priorities for the year and advice for practitioners. Listen to this episode to hear from these international enforcers "live" from the Spring Meeting. With special...

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#165 What Say You? International Enforcers Live at Spring Meeting 2022 show art #165 What Say You? International Enforcers Live at Spring Meeting 2022

Our Curious Amalgam

The Spring Meeting brings together thousands of antitrust practitioners and enforcers and this year was no exception. What did the attendees have to say? Anant Raut and Anora Wang speak with Olivier Guersent, Director General of Competition at the European Commission and Martin Coleman, Panel Chair and Panel Inquiry Chair of the UK Competition and Markets Authority, on their priorities for the year and advice for practitioners. Listen to this episode to hear from these international enforcers "live" from the Spring Meeting. With special guests: Olivier Guersent, Director General, European...

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#164 What’s Bias Got To Do With It? A Discussion With Jury Experts on How To Plan for, Identify, and Address Jury Bias. show art #164 What’s Bias Got To Do With It? A Discussion With Jury Experts on How To Plan for, Identify, and Address Jury Bias.

Our Curious Amalgam

Jury bias is an important issue that should be understood and considered by all trial teams, including for antitrust cases. How and when should antitrust attorneys begin to address issues of bias? Jury experts Christina Ouska and Johanna Hillard of JuryScope join John Roberti and Jaclyn Phillips to explain to us what we mean when we talk about jury bias, when trial teams should start thinking about jury bias, and what attorneys can do about it. Listen to this important episode to start to understand this big topic and learn strategies to deal with bias from the early stages of your case. With...

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#163 Can We Talk About Breyer? Looking Back at Justice Breyer’s Approach to Antitrust show art #163 Can We Talk About Breyer? Looking Back at Justice Breyer’s Approach to Antitrust

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Justice Breyer will retire at the end of this SCOTUS term after nearly 28 years on the bench. How did Justice Breyer approach antitrust? Eric Citron, Partner at Goldstein & Russell and former clerk for Justices O'Connor and Kagan, joins Christina Ma and Jaclyn Phillips to talk about Justice Breyer's antitrust jurisprudence and what we might expect when a new Justice joins the Court. With special guest: Eric Citron, Partner, Goldstein & Russell Hosted by: Christina Ma, Partner, Wachtell, Lipton, Rosen & Katz and Jaclyn Phillips, Associate, White & Case LLP

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#162 How Has It Been Working? A Reflection on Europe’s General Data Protection Regulation Four Years In show art #162 How Has It Been Working? A Reflection on Europe’s General Data Protection Regulation Four Years In

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Europe's General Data Protection Regulation (GDPR) was created to protect the personal data of individuals and to simplify the regulatory environment for data protection in Europe. As a regulatory scheme that has served as a model for other jurisdictions developing their own data protection and data privacy laws, is the GDPR living up to its intended purposes? Adam Penman of McGuireWoods London joins Kayla Odom and Matthew Hall to reflect on the GDPR's impact on organizations and to discuss the trends relating to the rights afforded to individuals by the GDPR. Listen in for a look at the key...

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#161 Is This a New Era of Federal Trade Regulation by Rule? The Past, Present, and Future of FTC Rulemaking show art #161 Is This a New Era of Federal Trade Regulation by Rule? The Past, Present, and Future of FTC Rulemaking

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For decades the FTC relied on its adjudicatory authority, applying its expertise on a case-by-case basis in administrative litigation, but now, FTC leadership seems to be shifting away from litigation to “legislative-style” rulemaking. What does that mean in practical terms? In this episode, co-hosts Jana Seidl and Alicia Downey speak with Adam White, a senior fellow at the American Enterprise Institute, and co-director of George Mason University’s Gray Center for the Study of the Administrative State, about what FTC rulemaking looks like and what we can expect. Listen to this episode to...

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#160 What in the World Is Happening With Antitrust Enforcement? Antitrust Cartel Enforcement’s Return to Global Scale in 2022 show art #160 What in the World Is Happening With Antitrust Enforcement? Antitrust Cartel Enforcement’s Return to Global Scale in 2022

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Global cartel enforcement saw a resurgence in 2021, but throughout the globe, we saw a continued focus on domestic matters. Do last year's developments tell us anything about the areas that are likely to come into focus in 2022? John Terzaken, Partner and Global Co-Chair of Simpson Thacher's Antitrust and Trade Regulation Practice, joins Matthew Hall and Jaclyn Phillips to discuss the rise in cartel enforcement activity and what trends to look out for in 2022. Listen to this episode to learn more about enforcement priorities that may be on the rise and whether we can expect to see the growing...

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More Episodes

Complex issues are at the intersection of antitrust and intellectual property laws, and licensing of standard essential patents (SEPs) under fair, reasonable, and non-discriminatory (FRAND) terms is a perfect example. Does the widely accepted FRAND framework work well or is it time to think about improvements? Prof. Jorge Contreras, law professor and recognized expert on antitrust and IP, speaks with Anora Wang and Christina Ma on the innovator-implementer dichotomy, remedies, and races to courthouses worldwide. Listen to this episode to learn about the most critical issues about FRAND.

Related Links:

1. Contreras, Jorge L., Rationalizing U.S. Standardization Policy: A Proposal for Institutional Reform (April 19, 2021). Antitrust 35(2): 41-47 (Spring 2021), Available at SSRN

2. Contreras, Jorge L., Global Rate Setting: A Solution for Standard-Essential Patents? (September 23, 2018). 94 Washington Law Review 701 (2019), University of Utah College of Law Research Paper No. 284, Available at SSRN

Hosted by:

Anora Wang, Davis Wright Tremaine LLP and Christina Ma, Wachtell, Lipton, Rosen & Katz