Trust and Trade

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 Research
Hosted by:
Anant Raut

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

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

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

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