PODCAST · government
Trust and Trade
by American Bar Association, Antitrust Law Section
Deep dives into the worlds of competition, privacy, and consumer protection from a rotating panel of experts.
Episodes
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#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...
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#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,...
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#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...
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#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…
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#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...
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#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...
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#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...
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#58 Mergernomics: How Tariffs Redefine Product Markets
How do tariffs redefine product markets? In this episode, economist Dr. Craig Malam and antitrust expert Carla Hine join host Anant Raut to discuss the effect of the Trump Administration's tariff-centric trade policy on how we determine the edges of a product market and what constitutes a...
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#57 Mergernomics: Extending Market Power
Enforcers and policymakers have raised concerns that dominant firms like Google, Microsoft, NVIDIA, and Meta are extending their market power into AI by taking stakes in some of the most promising startups. In this episode, economist Dr. Elizabeth Wang and antitrust litigator Daniel Culley join…
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#56 The Resurgence of Private Antitrust Litigation in the Asia Pacific
What's behind the rise of private antitrust litigation in the Asia Pacific? Host Anant Raut talks to experts Kirsten Webb and Toshiaki Tada about the resurgence of follow-on cartel litigation in Japan and abuse of a dominant position cases in Australia. They also discuss the impact of Big Tech...
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#55 Foreign Investment in the EU
The rules for foreign investment in Europe are changing. In this episode of Trust and Trade, Bryan Cave LLP's Christine Graham and AmCham EU's Andrew Hill join host Anant Raut to talk about the reasons behind the revisions - protecting critical assets and technologies, a need for uniformity…
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#54 Mergernomics: Efficiencies
In this latest episode in our Mergernomics series, we examine how attorneys and economists try to quantify the benefits of a merger, aka "efficiencies." Antitrust expert Brazil's Paula Camara and economist Silvia Faga de Almeida join host Anant Raut to discuss why efficiencies sometimes lower...
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#53 Michael Jordan v NASCAR
Why is Michael Jordan's racing team suing NASCAR? MJ's 23XI team and Bob Jenkins’ Front Row have been locked in a heated antitrust lawsuit with NASCAR over the charter system at the heart of the Cup Series, with the case set to go to trial on Dec 1, 2025. Brooklyn Law School Professor Jodi Balsam...
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#52 Regulating AI, Ep. 4: South Korea
How is South Korea reshaping AI regulation? In this episode, D&A's Yaera Jeon joins hosts Anant Raut, Rory Macmillan, and Nina Jayne Carroll to unpack South Korea's new AI Framework Act, the first comprehensive national AI regulation in Asia. They talk about its competing policy goals, broad...
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#51 What Makes a Price Illegal?
What makes the price charged by a digital platform illegal? Host Anant Raut talks to antitrust economists Tasneem Chipty and Michael Katz about the legality of high and low prices, cross-platform network effects, and contentious practices like predatory pricing and bundled discounts. Learn how...
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#50 Are IP Remedies in Big Tech Cases Going Too Far?
Should Big Tech companies be required to open up their intellectual property when they break the antitrust laws? In this episode of Trust and Trade, experts debate whether requiring Apple to open up its app store restrictions, or Google to license its search data and divest Android, reduce...
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#49 Regulating AI, Ep. 3: Brazil
How is Brazil shaping AI regulation in the Global South? Our latest episode explores the Brazil AI Act, which if passed would become the first comprehensive federal AI regulation in the world to require AI companies to pay creators for using their work to train their systems. Pinheiro Neto...
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#48 Regulating AI, Ep. 2: The EU
How will the "Brussels effect" shape AI regulation across the rest of the globe? Europe is once again the first to regulate a new digital market, with the adoption of the AI Act. But was it passed too hastily? N-Square's Caroline De Cock joins host Anant Raut and guest co-hosts Rory Macmillan and...
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#47 Regulating AI
How are different countries shaping the future of AI? We start a brand-new series on Trust and Trade examining different regulatory approaches to artificial intelligence around the world. In this kickoff episode, experts Viktor Mayer-Schönberger and Anu Bradford debate strong vs light regulatory...
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#46 Did the Quick Look Test Switch Teams?
Can defendants now wield the “quick look” test to beat antitrust claims? In this episode of Trust and Trade, experts unpack the meaning of Justice Gorsuch's language in the Supreme Court’s Alston decision, and debate whether “quick look condemnation” is a game-changer or just rare dicta. Tune in...
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#45 Deals Down Under: Foreign Investment in Australia
Thinking about investing in Australia? This episode of Trust and Trade dives into Australia's sweeping new merger control reforms and their impact on foreign investment. Antitrust partner Kirsten Webb and Department of Treasury's (AUS) Annalisa Heger break down the changes, from mandatory filings...
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#44 Space Antitrust
Can antitrust law keep up with the rapidly evolving space industry? This episode of Trust and Trade examines the challenges in maintaining a level playing field in space travel, satellite launches, and deep-space exploration. Space law expert Maria Rhimbassen and antitrust expert Dylan Carson…
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#43 DeepSeek, and App-Level Competition in AI
Has the entrance of DeepSeek completely disrupted competition in AI? App developer Scott Weiner and antitrust expert Elyse Dorsey discuss the concentration concerns at every level of the AI stack. Later we examine whether the emergence of DeepSeek, a Chinese AI startup, completely changes how we...
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#42 The Problem With Pixels
Do you find it unnerving when ads follow you around the internet? Today's episode reveals how websites monetize user behavior through advertising technologies such as tracking pixels. Our panel of advertising and privacy experts explain how ad re-targeting works, and debate the Federal Trade...
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#41 RICO Claims in Antitrust
In this episode, experts dive into the novel approach of adding racketeering charges in private antitrust litigation. Initially used to bring down organized crime rings, claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) have appeared in plaintiffs' lawsuits in the LIBOR…
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#40 Mergernomics: Diversion Analysis
In this latest episode of our wildly popular "Mergernomics" series, Ph.D. economist Dr. Joanna Tsai explains diversion analysis, an economic tool used by antitrust enforcers to examine how closely two companies compete and whether their merger will be bad for consumers. Host Anant Raut and…
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#39 Mergernomics: Merger Simulations
In the latest episode of our popular "Mergernomics" series, Ted Rosenbaum, Deputy Director in the Bureau of Economics at the U.S. Federal Trade Commission, explains how enforcers apply merger simulations to predict market changes after a proposed merger, sometimes with unexpected results. Hosts...
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#38 Mergernomics: Bargaining Leverage
In the latest episode in our popular "Mergernomics" series, Compass Lexecon's Hélder Vasconcelos tells you everything you need to know about bargaining leverage theory - how to calculate it, what it means, and when to use it. Hosts Anant Raut and Paula Camara discuss with Dr. Vasconcelos how…
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#37 Mergernomics: Vertical Math
By now in our popular "Mergernomics" series you've learned how to calculate the potential harm from a horizontal merger; but how do you measure the risk from a vertical merger? In this episode, Cornerstone Research's Dr. Craig Malam tells you everything you need to know about "Vertical Math"...
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#36 An Oral History of the Capacitors Trial
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…
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#35 Mergernomics: GUPPIs
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…
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#34 "Why Is My Grocery Bill So High?"
Why are groceries more expensive than they were 4 years ago? In this episode, agriculture policy expert Austin Frerick and economist Tim Richards debate the impact of consolidation on food prices, and the role antitrust should play. Hosts Anant Raut, Evan Harris, and Erika Inwald later discuss…
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#33 Mergernomics: Critical Loss
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...
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#32 The Non-Competes Ban
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…
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#31 Mergernomics
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...
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#30 Breaking Down the Closing Arguments in U.S. v Google
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...
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#29 Oral History of the LCD Screens Case
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...
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#28 A Brief History of Privacy Enforcement by the FTC
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…
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#27 The Hidden Impact of the Shipping Act Exemption
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…
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#26 Lina Under Fire
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...
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#25 The Rise, Fall, and Fallout of the FTC's 13(b) Monetary Remedies Authority
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...
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#24 The Delicate Dance of Joint Defense Groups
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...
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#23 7 Tips for Putting On an Expert Witness
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…
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#22 Biden at 2
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...
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#21 The Miseducation of Antitrust Courts
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…
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#20 Section 2 Criminals
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…
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#19 Illumina/GRAIL
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...
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#18 Communication Between Attorneys and Economists Recap
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…
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#17 Machine Learning and Its Connection to Antitrust
Summary of a recent panel on ML and antitrust. With special guest: Masha Melkonyan Hosted by: Gabriela Antonie
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#16 Cryptocurrency Primer for In-House Counsel
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...
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ABOUT THIS SHOW
Deep dives into the worlds of competition, privacy, and consumer protection from a rotating panel of experts.
HOSTED BY
American Bar Association, Antitrust Law Section
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