Our Curious Amalgam

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

With the greater availability of data and algorithms, firms in today's digital age are increasingly generating prices or price recommendations based on individual consumers' personal characteristics and behaviors. Does this benefit or harm consumers, and how should policymakers respond? Sanjog Misra, a Professor of Marketing and Applied AI at the University of Chicago and thought leader on personalized pricing, joins Sergei Zaslavsky and Rubin Waranch to discuss competition and consumer protection perspectives on personalized pricing, as well as policy implications and lessons still to be learned. Listen to this episode to learn more about how economists think about personalized pricing and considerations that may influence regulators and lawmakers grappling with this increasingly prevalent practice. With special guest: Sanjog Misra, Charles H. Kellstadt Professor of Marketing and Applied AI, The University of Chicago Booth School of Business Related Links: Personalized Pricing and Consumer Welfare FTC Issues Orders to Eight Companies Seeking Information on Surveillance Pricing  Hosted by: Sergei Zaslavsky, O’Melveny & Myers LLP and Rubin Waranch, Cooley LLP

The Robinson-Patman Act (RPA) has a long, controversial history within U.S. antitrust law and economics. In this episode, Mark Poe, an attorney who specializes in RPA litigation, discusses the RPA with hosts Puja Patel and Aaron Yeater. Mark and the hosts explore Mark's view that traditional critics of RPA are incorrect, which he first presented in a recent article in Antitrust Magazine. With special guest: Mark Poe, Partner, Gaw Poe LLP Related Links: Mark Poe The Critics Are Wrong: How the Robinson-Patman Act Has Been Misunderstood by Detractors Hosted by: Puja Patel, A&O Shearman US LLP and Aaron Yeater, Analysis Group, Inc.

The U.S. passenger airlines have been active in mergers and acquisitions since last year or so, with the Alaska/Hawaiian acquisition, the failed JetBlue/Spirit merger, and more being proposed. But how are these deals and airline competition in general analyzed from an economic perspective? Dr. Gautam Gowrisankaran, Professor of Economics at Columbia University and Senior Advisor at Cornerstone Research, speaks with Anora Wang and Kelsey Paine on market definition, calculation of market share, entry, and beyond. Listen to this episode to learn how economic analyses lay out in specific airline transactions. With special guest: Dr. Gautam Gowrisankaran, Professor of Economics, Columbia University; Senior Advisor; Cornerstone Research  Related Links: Chris Bruegge, Gautam Gowrisankaran, & Alex Gross, A Policy Function Approach to Price Effects: an Application to the JetBlue-Spirit Merger (Nov. 13, 2024) Hosted by: Anora Wang, Arnold & Porter Kaye Scholer LLP and Kelsey Paine, Baker Botts LLP