Trust and Trade – Détails, épisodes et analyse

In this episode, listeners will hear the oral history of the landmark capacitors price-fixing case, a case that went to trial not once but twice in the midst of a worldwide pandemic. Attorneys for both the plaintiffs and the defense discuss their courtroom strategies, their approach to damages and guilty pleas, and adjustments they had to make on the fly in response to an unprecedented global health crisis. Later, presiding Judge James Donato shares his perspective on what worked well and what didn't, as well as advice he wishes every trial lawyer would follow, that no litigator will want to miss!

With special guests:

• Christopher Young, Partner, Joseph Saveri Law Firm
• Steven Williams, Founder, Steven Williams Law P.C.
• David D. Cross, Partner, Goodwin Procter LLP
• Margaret A. Webb, Morrison & Foerster LLP
• The Hon. James Donato, United States District Judge, Northern District of California

Hosted by:

Anant Raut

In this episode of Trust and Trade, Dr. Elizabeth Wang, Executive VP of economic consulting firm Compass Lexecon, explains how antitrust enforcers use the Gross Upward Pricing Pressure Index (GUPPI) analysis to determine whether to stop a merger. Dr. Wang walks listeners through what the GUPPI test is, what it tells you, when to use it, and its advantages and limitations. Later, host Anant Raut and co-host NERA's Anton Kandalin discuss how the GUPPI test was used to challenge the Penguin Random House and Simon & Schuster mergers.

With special guest:

Dr. Elizabeth Wang, Executive Vice President, Compass Lexecon

Hosted by:

Anant Raut and Antonin Kaladin

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, and what this might mean for the FTC going forward.

With special guests:

Katie McInnis, Chief Democratic Counsel, House Judiciary Committee, Subcommittee on the Administrative State, Regulatory Reform, and Antitrust and Nina Frant, Vice President for Consumer Policy, U.S. Chamber of Commerce

Hosted by:

Anant Raut, John Villafranco, and Greg Fortsch

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 monetary restitution authority.

With special guests:

Hon. Noah J. Phillips, Co-Chair of the Antitrust Practice, Cravath, Swaine & Moore LLP, Maneesha Mithal, Partner, Wilson, Sonsini, Goodrich & Rosati and Ioana Gorecki, Special Counsel, Kelley Drye & Warren LLP

Hosted by:

Anant Raut and Richard H. Cunningham

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, Chair of the Antitrust Litigation Practice, Morrison & Foerster LLP and Dr. Laila Haider, Economist and Vice President, Charles River Associates

Hosted by:

Anant Raut and Anna Pletcher

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 York office) and Bob Hubbard, Assistant Attorney General, Antitrust Bureau, New York Attorney General's Office

Hosted by:

Chris Young and Kathleen McMahon

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

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

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 | Pruet and Richard A. Powers, Fried, Frank, Harris, Shriver & Jacobson LLP

Hosted by:

Anant Raut

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

Hosted by:

Anant Raut and Bill Batchelor