#170 True Crime? An Investigation Into DOJ’s Recent Policy Change on Criminal Monopolization Prosecutions
Release Date: 05/30/2022
#180 An Overlooked Battleground? Antitrust Issues Before the U.S. International Trade Commission (USITC)
Our Curious Amalgam
The United States International Trade Commission (ITC) may have been a familiar forum to parties in international trade to address disputes over intellectual property rights. But can the ITC also be an alternative adjudication body for private antitrust litigation? The Honorable F. Scott Kieff, Professor of Law at the George Washington Law School and former USITC commissioner speaks with Anora Wang and Christina Ma on the ITC’s design, the agency’s Section 337 docket, and ITC proceedings involving antitrust. Listen to this episode to learn about the ITC as an agency and its relevance to...
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#179 What Have We Learned From Empirical Studies? Potential Antitrust Concerns Arising From Common Ownership
Our Curious Amalgam
There is a growing interest in understanding the “ownership interests hypothesis,” i.e., whether investors holding interests in competing firms will soften firms’ incentives to compete and generate anticompetitive effects. But what do the data show? Isabel Tecu, principal at Charles River Associates and co-author of a leading study on common ownership focusing on the airlines industry, discusses her observations and insights with Anora Wang and Christina Ma. Listen to this episode to learn about the knowns and unknowns from the empirical evidence as well as implications for competition...
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#178 What’s the Role of FTC’s General Counsel? A Conversation with Alden Abbott on Historical and Current Issues
Our Curious Amalgam
The FTC’s General Counsel (GC) is the agency’s chief legal officer and adviser that provides counsel on various issues of law and policy and represents the agency in court. What are some of the most regular and important issues at the FTC’s GC office? Prof. Alden Abbott, former FTC GC and current Senior Research Fellow at George Mason University’s Mercatus Center, speaks with John Roberti and Anora Wang on issues including the Administrative Procedure Act, which can be critical especially when the agency expands or restricts its authorities. Listen to this episode to better understand...
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#177 Who Is Cani Fernández? Meet the President of the Spanish National Markets and Competition Commission.
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 Jaclyn Phillips ask Cani Fernández, President of the Spanish National Markets and Competition Commission, to talk about Spain's competition regime, newsworthy accomplishments of the Commission under her leadership,...
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#176 Are We Thinking About Innovation the Right Way? The Role of Dynamic Efficiency in Competition Policy
Our Curious Amalgam
Amidst the current momentum for antitrust reform, are U.S. lawmakers and enforcers thinking about the role of innovation in the right way? Aurelien Portuese, Director of the Schumpeter Project on Competition Policy at the Information Technology and Innovation Foundation, joins Sergei Zaslavsky and Sarah Zhang to discuss the concept of dynamic efficiency and how antitrust should feature innovation as a central concern. Listen to this episode if you want to learn more about the importance of innovation to competition policy, the relationship between innovation and market power, and whether...
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#175 Who Is Michal Halperin? Meet the Former Director-General of the Israeli Competition Authority
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...
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#174 Who Is Rahat Kaunain Hassan? Meet the Chairperson of the Competition Commission of Pakistan
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 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,...
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#173 Who Is Alejandra Palacios? Meet the Former Chair of the Mexican Federal Economic Competition Commission (COFECE)
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 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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#172 Biologically Similar but Competitively Not So? Economic Considerations of IP Litigation Settlements Involving Biosimilars
Our Curious Amalgam
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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#171 Can the Federal Trade Commission Use Rulemaking To Change Antitrust Laws? A Closer Look at the Administrative Law Challenges With Prof. Richard Pierce
Our Curious Amalgam
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....
info_outlineIn 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 whether the past can tell us anything about what DOJ will do in the future.
With special guests:
Tiffany Rider, Partner, Axinn and James Hunsberger, Counsel, Axinn
Related Link:
Axinn Antitrust Insight: DOJ Officials Raise Specter of Criminal Monopolization Prosecutions
Hosted by:
John Roberti, Partner, Cohen & Gresser and Jaclyn Phillips, Associate, White & Case LLP