#164 What’s Bias Got To Do With It? A Discussion With Jury Experts on How To Plan for, Identify, and Address Jury Bias.
Release Date: 04/18/2022
Our Curious Amalgam
The Section Lunch at the Antitrust Law Section’s Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competition agency chiefs in their countries. By popular demand, we are dedicating an episode of Our Curious Amalgam to each of these inspiring panelists. In this episode, hosts Alicia Downey and Elyse Dorsey ask former Israeli Competition Authority Director-General Michal Halperin to talk about Israel’s competition regime, newsworthy accomplishments of the Competition Authority under her leadership, and...
info_outlineOur Curious Amalgam
The Section Lunch at the Antitrust Law Section’s Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competition agency chiefs in their countries. By popular demand, we are dedicating an episode of Our Curious Amalgam to each of these inspiring panelists. In this episode, hosts Alicia Downey and Anant Raut ask Rahat Kaunain Hassan, Chairperson of the Competition Commission of Pakistan, to talk about Pakistan's competition regime, some of the Commission's most newsworthy accomplishments under her leadership,...
info_outlineOur Curious Amalgam
The Section Lunch at the Antitrust Law Section’s Annual Spring Meeting in March 2022 featured a panel discussion with four trailblazing women leaders who have served as current or former competition agency chiefs in their countries. By popular demand, we are dedicating an episode of Our Curious Amalgam to each of these inspiring panelists. In this episode, hosts Alicia Downey and Anora Wang ask former COFECE Chair Alejandra Palacios to talk about Mexico’s competition regime, newsworthy accomplishments of COFECE under her leadership, and her own professional journey. With special guest:...
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Under the U.S. Supreme Court case FTC v. Actavis (2013), antitrust analysis of “reverse settlements” of IP litigations between makers of branded small molecule drugs and generics requires an analysis under the rule of reason. Are there distinct challenges presented by settlements between branded biologics and biosimilars? Sean Sheridan and Archan Ruparel, principals at Charles River Associates, speak with Anora Wang and Christina Ma on the complexities of negotiating patent settlements involving biosimilars. Listen to this episode to learn about pharmaceutical entry, price erosion, and...
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The U.S. Federal Trade Commission’s current leadership has a vision for changing various aspects of antitrust laws through rulemaking. But can the FTC’s rulemaking withstand administrative law challenges in federal court? Richard Pierce, renowned administrative law scholar and professor at The George Washington University, walks through the FTC's proposals and potential administrative law challenges with Anora Wang and Christina Ma. Listen to this episode to learn about the legal bases, limitations, and challenges to FTC rulemaking. With special guest: Richard J. Pierce Jr., Lyle T....
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In March 2022, the U.S. DOJ made headlines with the announcement it is considering bringing criminal monopolization cases under Section 2 of the Sherman Act for the first time in nearly fifty years. But is there any precedent that can help us understand what criminal prosecution of monopolization conduct would look like? Tiffany Rider and James Hunsberger of Axinn join John Roberti and Jaclyn Phillips to walk us through the decades-old case law and lay out the challenges DOJ might face trying to bring these cases under the modern antitrust framework. Listen to this episode to learn about...
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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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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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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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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...
info_outlineJury 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 special guests:
Johanna Hillard, President, JuryScope and Christina Ouska, Senior Trial Consultant, JuryScope
Hosted by:
Jaclyn Phillips, White & Case and John Roberti, Cohen & Gresser LLP