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Trust and Trade: Daily Summaries Delivered
by American Bar Association, Antitrust Law Section
Deep dives into the worlds of competition, privacy, and consumer protection from a rotating panel of experts.
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- 1 weeks ago34 min
#66 Golden Shares, Golden Power: Foreign Direct Investment in Italy
Italy's unique approach to restricting foreign investment has evolved from the historic "Golden Shares" regime to the "Golden Power" law, but recent changes are amplifying tensions with the European Commission. ADVANT Nctm's Francesco Mazzocchi joins host Anant Raut to explain the impact of new changes to the "Golden Power" law, examine significant cases like UniCredit’s takeover of Banco BPM, and discuss what this means for international investors navigating Italy's regulatory landscape.With special guest:Francesco Mazzocchi, Partner, ADVANT Nctm Hosted by:Anant Raut
- 3 weeks ago41 min
#65 How We Define Markets
Before you can conclude that a merger will result in a monopoly, you have to first ask a monopoly of what? Market definition is the analytical fulcrum that almost everything else in a merger case rests upon. Kirkland & Ellis LLP's Mike Singer and Cornerstone Research's Nathaniel Hipsman join host Anant Raut to explain how economists use the hypothetical monopolist and SSNIP tests to define markets. They then discuss the strengths and shortcomings of the tests, as well as the famous "cellophane fallacy" where the competitive price may actually be the monopoly price in disguise.With special guests:Michael B. Singer, Partner, Kirkland & Ellis LLP and Dr. Nathaniel E. Hipsman, Principal, Cornerstone ResearchHosted by:Anant Raut
- Sep 28, 202643 min
#64 Music & AI
Is AI-generated music really so different from music created by humans? Kellogg Hansen's Josh Branson and George Mason Law School Professor Olufunmilayo Arewa join host Anant Raut to discuss the copyrightability of AI-generated music and the growing wave of copyright cases brought by artists, publishers, and record companies against generative AI companies. The conversation then takes a more philosophical turn: how have humans created music throughout history? If human music is inspired by what came before, is AI training on the same material and generating its own all that different? And what, if anything, is lost when the machine takes our place in creation? With special guests: Joshua D. Branson, Partner, Kellogg, Hansen, Todd, Figel & Frederick, PLLC and Olufunmilayo B. Arewa, Professor, Antonin Scalia Law School Hosted by: Anant Raut
- Sep 14, 202637 min
#63 The NIL Arms Race
Antitrust birthed the arms race of name, image, and likeness money pouring into Division 1 athletics. Now college football has spiraled into a widening gap between haves and have nots, where NIL offers (supposedly distinct from pay-for-play) are driving athletes who have played professionally to try to return to college to play sports for a fifth year. Professor Michael McCann, professor at Harvard Law School and columnist for Sportico and Sports Illustrated, joins host Anant Raut and guest co-host Courtney Armour to discuss the flow of money into college athletics and what it means for amateurism in college sports. With special guest: Michael McCann, Professor, Franklin Pierce School of Law Hosted by: Anant Raut and Courtney Armour
- Jul 20, 202638 min
#62 Greenwashing
In this 100% carbon-neutral episode of Trust and Trade, we talk about greenwashing, the practice of making claims about a product that make it sound more environmentally friendly than it actually is. Taken too far, such claims are illegal and can result in serious penalties for companies that cross that line. In this sustainably sourced episode, host Anant Raut talks to Nestle Health Science US's Greg Fortsch, consumer protection expert Christie Thompson, Kaelah Smith from the Office of the Connecticut Attorney General, and Lemuel Srolovic from the Office of the New York State Attorney General about recent cases brought by their offices and legal standards for environmental claims. Listen now to our most eco-conscious episode ever! With special guests: Greg Fortsch, Assistant General Counsel for Regulatory Affairs, Nestle Health Science U.S. Christie Thompson, Partner, Kelley Drye & Warren LLP Kaelah Smith, Assistant Attorney General, Environment Section, Connecticut Office of the Attorney General Lemuel Srolovic, Chief, Environmental Protection Bureau, Office of the New York State Attorney General Hosted by: Anant Raut
- Jun 30, 202638 min
#61 Ozzy Osbourne v AEG
In this heavy metal episode of Trust and Trade, we dive into the landmark case of Ozzy Osbourne vs. AEG, exploring how the Prince of Darkness challenged monopolistic practices in concert ticketing. Gwendolyn Lindsay Cooley and Travis Wheeler join host Anant Raut to talk about the evolution in analyzing unlawful tying claims since this historic case, and whether nimbler approaches are possible. All aboard! With special guests: Gwendolyn Lindsay Cooley, Founder, Taimet and Travis Wheeler, Adjunct Professor, University of South Carolina School of Law Hosted by: Anant Raut
- Jun 15, 202635 min
#60 Impact of U.S. Trade Policy on Investment in Canada
When President Trump imposed 25% tariffs on Canada, one of its biggest trading partners, it kicked off a series of back-and-forth tariffs between the two countries. As a result of the ensuing uncertainty, Canadian Prime Minister Mark Carney has emphasized the importance of reducing Canada's reliance on the United States as a trading partner, announcing a new trade deal with China during a recent visit to Beijing. Does this signal a shift in the Canada-U.S. trade relationship, and create new opportunities for Chinese companies looking to do business in Canada? Canada's former Chief Trade Negotiator Steve Verheul and Blakes' Brian Facey join host Anant Raut to discuss developments in Canada's trade relationship with the U.S., and how this impacts foreign direct investment in Canada. With special guests: Brian A. Facey, Partner, Blakes LLC and Steve Verheul, Principal, GT & Company Hosted by: Anant Raut
- May 25, 202644 min
#59 Mergernomics: Killer Acquisitions
What exactly do we mean by the term "killer acquisitions," and how are those deals analyzed any differently by antitrust enforcers? In this episode, host Anant Raut talks to economist Dr. Ethel Fonseca of RBB Economics and antitrust attorney Danny Mader of Hogan Lovells LLP about how potential "killer acquisitions" get reviewed by competition agencies, using real-world examples such as Sabre/Farelogix, Visa/Plaid, and Facebook/Instagram. They explore the complexities of merger analysis, the nuances of potential competition, and how the same deal can have different outcomes in the US and the UK. With special guests: Dr. Ethel Fonseca, Partner, RBB Economics and Daniel Mader, Senior Associate, Hogan Lovells LLP Hosted by: Anant Raut
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