#389 What Should Directors Be Asking? Antitrust in the Boardroom

The Federal 340B Drug Pricing Program has grown from a modest drug discount program into a massive federal program involving pharmaceutical manufacturers, hospitals, pharmacies, insurers, and third-party administrators. But when can similar conduct by participants in this program suggest coordination or raise other competition concerns? Archan Ruparel, economist at Charles River Associates, joins Brian Auricchio and Jaclyn Phillips to discuss economic considerations when evaluating potential antitrust concerns relating to 340B. Listen to this episode to learn more about factors that can help analyze this conduct. With special guest: Archan Ruparel, Charles River Associates Hosted by: Brian Auricchio, Haug Partners and Jaclyn Phillips, Proskauer Rose

What's ahead for the ABA Antitrust Law Section in 2026–2027? Section Chair Melanie Aitken and Counsel to the Chair Christina Skinner join Our Curious Amalgam to discuss Melanie's vision for the Section and her priorities for the coming year. Listen to this episode to learn how under Melanie's leadership, the Section plans to double down on its value to members, strengthen its leadership and processes, and remain a home for vigorous debate and a broad range of perspectives across the antitrust community. With special guests: Melanie Aitken, Chair, ABA Antitrust Law Section and Christina Skinner, Counsel to the Chair, ABA Antitrust Law Section Hosted by: Anora Wang and Lexi Michaud, Fried Frank

The European Court of Justice's judgment in Google Android is one of the most consequential EU competition law judgments of the last decade. But why is it so important? Thomas Höppner, lawyer at Geradin Partners, joins Matthew Hall and Subrata Bhattacharjee to discuss the key issues raised and their relevance to abuse of dominance cases generally. Listen to this episode to learn more about counterfactual analysis, the relevance of context and the latest on the as-efficient-competitor test and principle. With special guest: Thomas Höppner, partner, Geradin Partners Related Links: European Court of Justice judgment, Google Android, 2 July 2026 Hosted by: Matthew Hall, McGuireWoods and Subrata Bhattacharjee, Borden Ladner Gervais

Larry Buterman is one of the rare antitrust attorneys who has successfully first chaired landmark cases both at the DOJ Antitrust Division and in private practice. In this career profile, co-hosts Derek Jackson and Lexi Michaud ask Larry about the differences and similarities in representing the DOJ versus representing a private party, about Larry's trial war stories (including his cross-examination of a famous athlete), about advice for aspiring litigators, and more. Listen to this episode to learn about the experience of an antitrust trial lawyer and how you might become one too. With special guest: Larry Buterman, Partner, Latham & Watkins LLP   Hosted by: Derek Jackson, Cohen & Gresser and Lexi Michaud, Fried Frank

We are re-releasing this episode in tribute to Prof. Randy Picker, who passed away on August 15, 2026. In 2020, Randy joined co-hosts Anora Wang and John Roberti for an episode on the 13-year-long U.S. antitrust case against IBM brought in 1969, exploring how U.S. antitrust dealing with tech ranges from early government cases involving punch cards to government probes into today's platforms, and how antitrust enforcement can impact the technology landscape for decades later. Years later, the episode holds up remarkably well - the questions Randy raised about whether the antitrust past would repeat itself in the tech world remain just as central to today's platform antitrust cases and debates over Big Tech enforcement. We share Randy's episode again in celebration of his generosity, insight, and decades of contribution to antitrust scholarship. With special guest: Randal C. Picker, James Parker Hall Distinguished Service Professor of Law, University of Chicago Law School Related Links: Randal C. Picker, renowned legal scholar, 1959-2026 Hosted by: Lexi Michaud, Fried Frank; Anora Wang; and John Roberti, Zaiger Linden Roberti & Pepe

Several U.S. states have recently passed legislation aimed at AI pricing tools that use consumer or competitor data. What is driving this spate of legislation, what different approaches are the states taking, and are the states sufficiently accounting for possible unintended consequences? In this episode, hosts Sergei Zaslavsky and Alicia Downey talk to Orrick partner Shannon Yavorksy about the pros and cons of AI pricing and the emerging regulatory patchwork in this area. Listen to this episode to hear about the latest developments in AI pricing regulation and what the future might hold. With special guest: Shannon Yavorksy, Partner, Orrick, Herrington & Sutcliffe LLP   Related Links: Shannon Yavorsky & David Curtis, Algorithmic Pricing Under Scrutiny: What You Need to Know (June 9, 2026) Hosted by: Sergei Zaslavsky, O'Melveny & Myers and Alicia Downey, Downey Law

For nearly 50 years, the Hart-Scott-Rodino Act has given antitrust enforcers a chance to review deals above a certain value before they can close. What happens when the government concludes a transaction was structured intentionally to slip past that review entirely? On this episode of Our Curious Amalgam, we speak with Evan Miller of Vinson & Elkins about HSR Act avoidance and the FTC's record-setting $12 million settlement with Edwards Lifesciences and Genesis MedTech over Edwards Lifesciences's acquisition of JC Medical from Genesis. We discuss how the JC Medical deal was valued and structured, how the parties' failure to file played a role in the FTC's separate challenge to Edwards's contemporaneous JenaValve acquisition, what deal teams should consider when assessing a transaction close to the HSR threshold, what the settlement signals about the FTC's current approach to premerger notification enforcement, and more. With special guest: Evan Miller, Vinson & Elkins LLP   Hosted by: Lexi Michaud, Fried Frank and Jeny Maier, Axinn

State legislatures across the country are taking aim at subscription traps and deceptive cancellation practices — but what does effective consumer protection actually look like at the state level? Erin Witte, Senior Counsel to the New Jersey Attorney General and former Director of Consumer Protection at the Consumer Federation of America, speaks with Anna Olson and Anora Wang about the growing wave of state click-to-cancel legislation targeting subscription traps and dark patterns. Listen to this episode to learn what makes a strong state law, how enforcement actions actually unfold, and what the patchwork of state protections means for consumers and businesses alike. With special guest: Erin Witte, Senior Counsel to the New Jersey Attorney General Related Links: New Jersey Office of Attorney General Hosted by: Anna Olson, Drake University Law School and Anora Wang, Arnold & Porter

Singapore's Competition and Consumer Commission — CCS — has been enforcing competition law for roughly two decades and more recently consumer protection laws as well. How does a small, open, trade-dependent city-state design and enforce a competition regime that punches above its weight — and what does that mean for global practitioners? Mr. Loke Shiu Meng, Assistant Chief Executive of the CCS overseeing Legal Enforcement, joins Subrata Bhattacharjee and Anora Wang to discuss Singapore's enforcement arc, its voluntary merger regime, the agency's push against dark patterns and unfair trade practices, and how CCS navigates its role as a neutral hub in an increasingly fractured geopolitical landscape. With special guest: Loke Shiu Meng, Assistant Chief Executive, Competition and Consumer Commission of Singapore (CCS) Related Links: CCS's media release on the issuance of the Fast Track Guidelines CCS's media release on revisions to our Merger Guidelines Singapore High Court Decision in CCS v. CNL Logistic Solutions Pte Ltd and Gilmon Transportation & Warehousing Pte Ltd [2026] CCS's media release on the High Court Decision Hosted by: Subrata Bhattacharjee, Borden Ladner Gervais and Anora Wang, Arnold & Porter

Competition law isn't just for antitrust lawyers anymore—it's increasingly a boardroom issue. What questions should directors be asking to ensure their companies are identifying and managing competition risk before it becomes a crisis? Julie Goshorn, whose career spans the DOJ, FTC, private practice at Arnold & Porter, and global in-house leadership at Visa, speaks with Jeny Maier and Anora Wang about why corporate boards should view antitrust as an enterprise risk alongside cybersecurity, financial controls, and compliance. Listen to this episode to learn about the board's oversight role, lessons from recent Delaware fiduciary duty cases, and the practical questions every director should be asking to help protect long-term enterprise value. With special guest: Julie Goshorn Related Links: Julie Goshorn on LinkedIn  Hosted by: Jeny Maier, Axinn and Anora Wang, Arnold & Porter