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Our Curious Amalgam Podcast Hosted by Alicia Downey: Are “UDAPs” Protecting Consumers or Promoting Chaos? Exposing the Fault Lines under State Statutes Prohibiting Unfair and Deceptive Acts and Practices

Posted on May 3, 2021

State UDAP laws are powerful tools for private plaintiffs and state Attorneys General to redress marketplace misconduct and abuse of consumers. But with the growing proliferation of lawsuits based on novel theories of what constitutes “unfair” trade practices, is it time to rein them in? In this episode co-hosts Alicia Downey and Christina Ma talk to Matt Sawchak, UDAP scholar, antitrust litigator, and former solicitor general for the state of North Carolina, about the ongoing debate over the scope of and remedies afforded by UDAP legislation. Listen to this episode to learn about the sources of tension between state UDAP statutes and U.S. antitrust law. Click here to access the podcast.

Our Curious Amalgam is the official podcast of the Antitrust Law Section of the American Bar Association. Each episode explores topics in antitrust, competition, consumer protection, data protection, and privacy law around the world with leading experts in those areas. It is an amalgam because it is a group of diverse topics all in one place. It is curious because it gets the experts and asks them in-depth questions.

Newly Published ABA Antitrust Compliance Handbook Co-Edited by Alicia Downey

Posted on December 1, 2019

A definitive guide to antitrust compliance has just been published by the American Bar Association Antitrust Law Section. Alicia Downey served as co-Project Editor of the nearly 400-page Antitrust Compliance Handbook: A Practitioner’s Guide.  The Handbook aids outside and in-house counsel charged with developing or updating antitrust compliance programs. Chapters examine the full spectrum of practical and substantive compliance issues, including conducting risk assessments, program design, benchmarking programs, employee training, using online technology in training/audits, preparing for dawn raids, and special considerations for competitor collaborations, trade associations, and distribution relationships. The book is available for purchase at the ABA Bookstore and elsewhere.

Alicia Downey Speaks on Antitrust Aftermarkets Panel

Posted on March 15, 2018

On Wednesday, March 14, 2018, Alicia Downey participated in a telephonic panel discussion entitled, Antitrust Aftermarkets, sponsored by the ABA Section of Antitrust Law. She and the other speakers–Craig Falls of Dechert LLP, Thomas Funke of Osborne Clarke, and Loren Poulsen of Compass Lexecon–discussed recent developments in US and EU case law, how economic theory on aftermarkets has evolved in the more than two decades since the U.S. Supreme Court’s decision in Eastman Kodak Co. v. Image Technical Services, Inc., and how the proliferation of smart devices that collect consumer data and other new technology may affect the antitrust analysis of aftermarkets.

Alicia Downey to speak at 2017 Annual Meeting of the Business Law Section

Posted on August 2, 2017

At the ABA Business Law Section’s Annual Meeting in Chicago September 14-16, 2017, Alicia Downey will be speaking at a CLE program entitled, “Annual Antitrust Update for Business Lawyers.” The program will focus on notable developments over the past twelve months in the areas of merger clearance, government enforcement, and private lawsuits challenging vertical restrictions. The Business Law Section has over 50,000 members, nearly 1,500 of whom are expected to attend the Annual meeting.

Alicia Downey on the Faculty of “Annual Antitrust Update for Business Lawyers” September 8

Posted on August 22, 2016

The Business Law Section of the American Bar Association is holding its Annual Meeting on September 8-10, 2016, in Boston, where Alicia Downey is speaking on a CLE panel entitled, “Annual Antitrust Update for Business Lawyers.” As part of the presentation, Alicia will talk about the impact of recent antitrust developments on sales and distribution practices in the U.S. and the European Union.

Alicia Downey Re-Appointed ABA Business Law Section Committee Chair and Liaison to the Section of Antitrust Law

Posted on October 16, 2015

For a second year, Alicia Downey will hold a dual leadership position in the 58,000-member Business Law Section of the American Bar Association. As chair of the Antitrust Law Committee, Alicia will coordinate programs and news updates on a wide variety of antitrust issues of interest to business lawyers. In her role as Section Liaison to the Section of Antitrust Law, Alicia will keep Business Law Section leadership up to date on events and initiatives of the Section of Antitrust Law and forge opportunities for collaboration.

BBA’s Voices of the Bar Summer Reading Poll

Posted on August 12, 2015

The Boston Bar Association’s Voices of the Bar blog recently asked local attorneys, “What are you reading — or looking forward to reading — this summer?”  Alicia Downey’s response, which was featured in the July 9, 2015 edition of BBA’s weekly e-bulletin, was this: “I’m reading The Hell Screen, the fifth book in a mystery series by I.J. Parker, featuring Sugawara Akitada, a well-educated, emotionally-conflicted aristocrat and government functionary in 11th century Kyoto, Japan. My ambitious goal for this summer is to read all fourteen books in the series, in order of publication.” Alicia has since met that goal and looks forward to the fifteenth installment.

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Alicia Downey Re-Appointed as Chair of ABA-SAL Distribution & Franchising Committee

Posted on July 1, 2015

The American Bar Association Section of Antitrust Law has asked Alicia Downey to chair the Distribution and Franchising Committee for the upcoming 2015-2016 ABA year, beginning in August. Under Alicia’s leadership since 2014, the committee provides a unique venue for Section members to get involved in projects involving vertical distribution systems, including but not limited to franchising. The committee’s mandate covers domestic and international distribution and franchising issues of all kinds, including dealer terminations, exclusive dealing, price and non-price restraints, restrictive covenants and many other topics.

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Institutional Investors + Antitrust = ??

Posted on April 1, 2015

Alicia Downey is preparing to speak at a panel discussion entitled, “Institutional Investors + Antitrust = ?” at the 2015 Spring Meeting of the Business Law Section of the American Bar Association in San Francisco, CA, on April 17, 2015.  Joining Alicia in a two-hour discussion about antitrust issues arising in dealings between and among institutional investors and investment fund managers will be K&L Gates partners John Longstreth and Margaret Niles, and Cynthia Collins, a partner with Robinson, Bradshaw & Hinson.

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Alicia Downey Leads ABA Webinar on Managing and Mitigating Antitrust Risk in Transactions

Posted on March 6, 2015

On February 26, 2015, Alicia Downey moderated a 90-minute webinar with speakers S. Lynn Diamond of White & Case LLP and Sarah Rabinovici of Pepper Hamilton LLP, entitled, “Managing and Mitigating Antitrust Risk in Transactions.” The program focused on how counsel and client can work together to manage and mitigate the risks associated with deals among competitors: the types of transactions that are most likely to draw scrutiny; how to use antitrust risk assessment to negotiate appropriate protections in the contract; and managing the risks in doing due diligence and integration planning.

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Alicia Downey Attends ABA Business Law Section’s Midwinter Leadership Meeting in Mexico

Posted on January 26, 2015

Alicia recently returned from the invitation-only retreat for ABA Business Law Section officers and committee chairs in Riviera Maya, Mexico. In addition to getting to know other Section leaders in sessions addressing how the ABA’s largest section can effectively nurture its current and future leaders while offering value to business lawyers, Alicia enjoyed the warm weather and took some time to explore the ruins of the ancient Mayan city of Chichen Itza.

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