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PODCAST

Trust and Trade

American Bar Association, Antitrust Law Section

Deep dives into the worlds of competition, privacy, and consumer protection from a rotating panel of experts.

government business news

All Episodes

34:23

#33 "Mergernomics: Critical Loss"

Trust and Trade ·

2024/07/22

In this episode you'll learn everything you need to know about the Critical Loss test used by enforcers to determine whether to block a merger - what it tells you, how to calculate it, and when to use it. Guest Ron Drennan, Economic Advisor to the DOJ Antitrust Division and former acting director of economics, explains how Critical Loss predicts the profitability of a post-merger price increase. Co-hosts Scott Scheele and Anant Raut later discuss real world cases where the Critical Loss test was

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56:43

#32 The Non-Competes Ban

Trust and Trade ·

2024/07/08

In this episode, Open Markets Institute's Sandeep Vaheesan and former acting FTC Chair Maureen Ohlhausen discuss the looming nationwide ban on noncompete clauses for workers and debate the roots and limits of the FTC's powers under Section 5 of the FTC Act. Host Anant Raut and co-host Scott Perlman talk about the legal challenges the ban is likely to face, and where Lina Khan's FTC may go next with the agency's interpretation of its own authority. With special guests: Sandeep Vaheesan, Legal

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35:30

#31 "Mergernomics"

Trust and Trade ·

2024/06/24

This episode kicks off Trust and Trade's "Mergernomics" series, demystifying the economic analysis that antitrust enforcers use to predict whether a merger will harm competition and should be blocked. Host Anant Raut and co-host January Kim welcome Aditi Mehta, Economics Director for the DOJ Antitrust Division, to give an overview of the role of economists in merger review, common frameworks for understanding competitive harm, quirks of special markets like platforms and labor, and some of the most

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52:48

#30 Breaking Down the Closing Arguments in U.S. v Google

Trust and Trade ·

2024/06/10

It's been called the "antitrust trial of the century" - U.S. v Google, the DOJ and state AGs' case against Google's alleged search monopoly. In this episode, we asked three of the top antitrust trial lawyers in the country to listen to the closing arguments in the case and talk about the tactics and strategies of both sides, the effectiveness of their arguments, and potential implications for ongoing antitrust cases against Amazon, Apple, and Google. With special guests: Tara Reinhart, Partner,

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43:53

#29 Oral History of the LCD Screens Case

Trust and Trade ·

2024/01/22

US v AU Optronics, or, the LCD screens case, is one of the most important price-fixing cartel cases of the last 25 years. Now, for the first time, co-hosts Anant Raut and Anna Pletcher bring together lawyers from the prosecution, defense, and presiding Judge Susan Illston to recount some of the case's historic firsts, including the size of the financial harm, the extraterritorial reach of the Sherman Act, and the unique sentencing imposed. Get an inside take on the litigation strategies, the legal

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48:05

#28 A Brief History of Privacy Enforcement by the FTC

Trust and Trade ·

2023/11/20

The word "privacy" doesn't appear in the FTC Act, yet for 25 years, the FTC has used its limited resources and enforcement tools to act as the country's privacy enforcer. Past and current FTC leadership join host Anant Raut for this rousing look at the history of privacy enforcement by the FTC, and contemplate its future. In a world where the threats to privacy have grown manifold, has the Commission stretched the handful of words passed by Congress in 1938 as far as they can, and is it time for a

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40:06

#27 The Hidden Impact of the Shipping Act Exemption

Trust and Trade ·

2023/10/23

Look around you - almost everything in your home or office was once on an ocean shipping vessel. Yet this essential area of commerce continues to enjoy one of the oldest exemptions from US antitrust law. Does this loophole keep prices low for consumers? Or does it raise prices for shippers and make supply shocks worse? Hosts Anant Raut and David Golden are joined by Shipping Act expert Melissa Maxman and the American Antitrust Institute's Kathleen Bradish to debate whether it's time to deep-six the

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52:48

#26 Lina Under Fire

Trust and Trade ·

2023/09/25

Season 3 of Trust and Trade kicks off with an in-depth look at the heated turn in the relationship between the Federal Trade Commission and Congress, which broke into public view during a July oversight hearing by the House Judiciary Committee. Host Anant Raut and guest host John Villafranco welcome Katie McInnis (Chief Democratic Counsel to the subcommittee) and Nina Frant (former counsel to Commissioner Wilson) to discuss their insights from the hearing - what was said, how Chair Khan responded,

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43:43

#25 The Rise, Fall, and Fallout of the FTC's 13(b)...

Trust and Trade ·

2023/08/14

It was a Supreme Court case about 1 word, worth $1.2 billion dollars. But after SCOTUS killed the Federal Trade Commission's ability to get scam victims their money back, the FTC got creative. On this episode of Trust and Trade, Anant and Rich talk to a panel of former FTC-ers, including former Commissioner Phillips, about the FTC's ability to make fraud victims whole under Section 13b of the FTC Act. We learn about the history of this law, as well as the rise, fall, and resurgence of the FTC's

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49:31

#24 The Delicate Dance of Joint Defense Groups

Trust and Trade ·

2023/07/31

In this episode of Trust and Trade, Anant and Anna take us into the inner workings of joint defense groups, discussing the unique challenges of working together as a band of equals behind a common goal but sometimes with differing approaches and client interests. Guests David Cross and Dr. Laila Haider offer insights on decision-making, trust, and transparency when working in a joint defense group, and offer practice pointers on how to make them work more smoothly. With special guests: David Cross,

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45:32

#23 7 Tips for Putting On an Expert Witness

Trust and Trade ·

2023/05/29

To change antitrust policy, you have to win in court, and a key part of any civil trial is the expert witness. We invited a couple of veteran prosecutors to share their best tips and secrets. Whether you're preparing for your first trial or are a seasoned litigator seeking an edge in the courtroom, whether your next trial is bench or jury, there's something useful and surprising for everyone in this episode. With special guests: Steve Tugander, Acting Assistant Chief, US Department of Justice (New

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42:32

#22 Biden at 2

Trust and Trade ·

2023/04/17

We debate the hits and misses from the first two years of antitrust enforcement under the Biden Administration, and make some predictions about what to expect in the next two years. With special guests: Eyitayo St. Matthew-Daniel, Partner, Paul, Weiss, Rifkind, Wharton & Garrison LLP and Lauren Willard, Partner, Covington & Burling LLP Hosted by: Anant Raut and Michael Murray

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35:12

#21 The Miseducation of Antitrust Courts

Trust and Trade ·

2023/03/20

Have judges gone too far and become too reliant on economic experts in antitrust cases? Legendary plaintiffs' attorney Michael Hausfeld joins hosts Anant Raut and Travis Wheeler to talk about whether dueling professional economists either cancel each other out or decide the fate of antitrust cases, and the right way for judges and practitioners to think about their testimony. With special guest: Michael Hausfeld, Hausfeld LLP Hosted by: Anant Raut and Travis Wheeler

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37:38

#20 Section 2 Criminals

Trust and Trade ·

2023/01/16

Would-be monopolists have traditionally faced fines and civil remedies; under the Biden Administration's more muscular enforcement of the Sherman Antitrust Act, they could face jail time as well. Law professor Travis Wheeler walks the former acting head of the DOJ Antitrust Division Richard Powers through some of the most famous monopolization cases in US legal history to help us understand where we could see criminal charges under the new regime. With special guests: Travis C. Wheeler, Nexsen |

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42:09

#19 Illumina/GRAIL

Trust and Trade ·

2022/12/12

Dual challenges to the Illumina/GRAIL merger on both sides of the Atlantic underscore the differences between US and European approaches to mergers. A group of experts featuring a veteran of DG Comp and an FTC alum walk us through the procedural and litigation intricacies, what happened on both sides of the pond, and key lessons for practitioners about proposed behavioral fixes to embattled mergers. With special guests: Paul Csiszar, Unit Director, DG Comp and Jennifer Milici, Partner, WilmerHale

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06:29

#18 Communication Between Attorneys and Economists Recap

Trust and Trade ·

2022/09/12

This past February, Amara reported on a panel discussion hosted by the ABA Antitrust Law Section on attorney-economist communications and how to enhance efficiency in the relationship between attorneys and economists. We provide a recap of that programming. With special guest: Amara Conteh, Wilson Sonsini Goodrich and Rosati Hosted by: Gabriela Antonie, Cornerstone Research

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11:22

#17 Machine Learning and Its Connection to Antitrust

Trust and Trade ·

2022/07/15

Summary of a recent panel on ML and antitrust. With special guest: Masha Melkonyan Hosted by: Gabriela Antonie

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29:14

#16 Cryptocurrency Primer for In-House Counsel

Trust and Trade ·

2022/05/20

This podcast will cover the basics of cryptocurrency, discuss recent regulatory developments in this area, provide an overview of what keeps in-house counsel dealing with cryptocurrency issues up at night and tips on how to navigate the challenging space. With special guest: Nguyen Vu, Associate General Counsel – Payments, Bolt Hosted by: Annie M. Ugurlayan, Assistant Director, BBB National Programs' National Advertising Division

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47:44

#15 Presenting Expert Witness Testimony in Antitrust...

Trust and Trade ·

2022/05/19

Tips and tricks for lawyers who are new to presenting expert witnesses at trial and reflections on the importance of eliciting effective expert testimony in antitrust cases. With special guest: Eric Hochstadt, Partner, Weil, Gotshal and Manges LLP Hosted by: Katherine Kelly Fell, Associate, Milbank LLP, Vice President of Trial Practice Committee of ABA Antitrust Section

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20:13

#14 The Economic Fundamentals of Two-Sided Platforms...

Trust and Trade ·

2022/05/13

Dr. Caminade discusses the basic economics behind two-sided platforms and its implications for antitrust. With special guest: Juliette Caminade, Vice President, Analysis Group Hosted by: Gabriela Antonie, Manager, Cornerstone Research

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54 results

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