Our Curious Amalgam explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in th...
#308 What Makes a Compliance Program Effective? The DOJ’s Updated Corporate Antitrust Compliance Program Guidance
The U.S. Department of Justice Antitrust Division recently updated its guidance regarding the division’s “Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations.” What are the key changes? In this episode, Alicia Downey and Anora Wang talk to Emma Burnham, Antitrust Division Director of Criminal Enforcement, about how prosecutors assess the effectiveness of corporate antitrust compliance programs against the backdrop of the increasing utilization of artificial intelligence and ephemeral messaging technology. Private practitioner Tee St. Matthew-Daniel of Paul Weiss joins the conversation with her insights on the elements of the updated guidance that companies and their antitrust counsel need to consider, as well as a preview of the Section's biannual Women's Antitrust Roundtable. With special guests: Emma Burnham, Director, Antitrust Division, Department of Justice and Tee St. Matthew-Daniel, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP Related Links: U.S. Department of Justice Antitrust Division, Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (Nov. 13, 2024) Antitrust Magazine Interview with Emma Burnham, Director, Antitrust Division, Department of Justice, Antitrust, Vol. 39, Issue 1, Fall 2024 (Dec. 13, 2024) Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP
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#307 Will the Past Be the Future? Looking Back at 2024 and Forward to 2025
Happy New Year to OCA listeners everywhere! Antitrust was a hot topic in 2024, and it's poised to get even hotter in 2025. In Our Curious Amalgam's year-end special episode, six of our regular hosts offer their perspectives on 2024's notable developments and trends in criminal antitrust enforcement, monopolization and merger challenges, international competition law, consumer protection, and data privacy. Listen to practitioners' insights regarding the emerging topics and themes of the coming year that will no doubt be featured in future OCA episodes. With special guests: Brendan Coffman, Wilson Sonsini Goodrich & Rosati, Matthew Hall, McGuireWoods LLP, James Hunsberger, Axinn, Veltrop & Harkrider LLP and Derek Jackson, Cohen & Gresser LLP Hosted by: Alicia Downey, Downey Law LLC and Anora Wang, Arnold & Porter Kaye Scholer LLP
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#306 How Do I Make a Competition Law Complaint in India? A Practical Discussion About Approaching the CCI
India is now one of the most important competition law jurisdictions in the world. With direct court action against anti-competitive practices not an option, how can a third party seek to persuade the Competition Commission of India to become involved? Abir Roy, partner and co-founder of Sarvada Legal, joins Matthew Reynolds and Matthew Hall to discuss the underlying rules and practical issues involved in bringing an information (complaint) before the CCI. Listen to this episode to learn more about precedent cases, the evidence required, the various stages of an investigation, timeframes, confidentiality, remedies, the availability of compensation and other issues involved in this area. With special guest: Abir Roy, partner and co-founder, Sarvada Legal Related Links: Order in Alphabet/Google case 2022 Order in Alphabet/Google case 2024 Competition Commission of India webpage (Filing of Information) Competition Commission of India press release (Meta fine) Hosted by: Matthew Reynolds, Huth Reynolds LLP and Matthew Hall, McGuireWoods London LLP
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#305 Is It Fair? The FTC’s Policies and Enforcement Actions on Unfair Methods of Competition Under Section 5
The FTC's unfair competition enforcement policy under FTC Act Section 5 has frequently been in the headlines the past two years. What is the history of Section 5 enforcement and how has the Commission utilized this tool since issuing its 2022 Policy Statement on unfair methods of competition? Hosts Jeny Maier and Sergei Zaslavsky explore the many aspects of Section 5 unfair competition enforcement with guest Dan Graulich. Listen to this episode to learn about the past, present, and potential future of the FTC's unfair competition enforcement policy. With special guest: Daniel Graulich, Baker & McKenzie LLP Related Links: FTC 2022 Policy Statement The FTC's Section 5 Initiatives: Where Things Stand Under the Biden Administration Hosted by: Jeny Maier, Axinn, Veltrop & Harkrider LLP and Sergei Zaslavsky, O’Melveny & Myers LLP
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#304 Is Per Se Here to Stay? Criminal Antitrust Cases Beyond United States v. Brewbaker
In the U.S., so-called "per se" antitrust crimes require nothing more than proof that the conduct occurred, relieving prosecutors of the difficult job of proving harm to competition. Is the Fourth Circuit's 2023 opinion in U.S. v. Brewbaker part of a growing judicial trend toward limiting the prosecution of per se cases? Ann O'Brien, the co-leader of Sheppard Mullin’s Antitrust and Competition Practice Group, joins Alicia Downey and Brendan Coffman to talk about Brewbaker and its implications for applying the per se standard in criminal antitrust actions. Listen to this episode to hear about whether the rule of reason might be applied in the criminal context and the U.S. Department of Justice’s possible responses to a changing legal landscape. With special guest: Ann M. O'Brien, Partner, Sheppard Mullin Richter & Hampton LLP Related Links: Ann O’Brien & Emme Tyler, “Chipping Away at Per Se: Is Brewbaker a Harbinger or Aberration?” ABA Antitrust Law Section Committee Articles (June 6, 2024) United States v. Brewbaker, 87 F.4th 563 (4th Cir. 2023) United States v. Brewbaker, Petition for a Writ of Certiorari of the United States, No.23-1365 (S. Ct. June 28, 2024) Hosted by: Alicia Downey, Downey Law LLC and Brendan Coffman, Wilson Sonsini Goodrich & Rosati
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.
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