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Makan Delrahim

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2018-09-01
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2018-09-01
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  1. And so I did some antitrust work. And then I got a chance to go work for the Senate Judiciary Committee on the Microsoft investigation. So Orin Hadge led the investigation in that after some complaints. And his then, the Senate Judiciary's Chief of Staff. Had called because I had done about a five month little fellowship on the health stuff. And so I'd gotten to know some of them, but they contacted me, said, hey, would you have any interest to come work on antitrust?

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  2. The law firm had acquired a telecom practice, and at the time, remember, it was right before the 1996 telecom act. That was going on. Patent box was heavily involved with the reform of the law, but also had a lot of clients in the regulatory side.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  3. I did. I did some work over there. I did for some tech companies. I did for some plain old merger work for paper companies. I did some telecom.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  4. And I was already fascinated by it. Is that where you work for a number of? I've run into a lot of tech companies who you've worked for. Just recently an executive, I'm not going to name who it is, but you started to work for tech companies in general.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  5. I did. So I left the trade reps office. I did a health fellowship working for Orin Hatch on the Senate Judiciary Committee. Dealing with the export of biotech and food and drug laws. Back then, our U.S. laws were, if you had a drug or device that had been approved abroad, And let's say in, I don't know, Germany, but had not been approved by the FDA, you couldn't export that. And so the U.S. laws got reformed. I want to say that was 95 ish or so, 94, 95 later. And then I went, when I graduated, I joined a law firm, patent boggs, here in DC, where I got to, again, see a different side of things. They didn't have a patent practice. And so I was doing more, some copyright and then antitrust law. Right.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  6. So that was the first real taste I had of policy and probably changed the direction because otherwise I was going to do my work at NIH, finished law school, and move somewhere in the sun between Santa Barbara and San Diego.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  7. Different ways, but when you do that to create national champions, to distort competition in that race that should occur, hopefully in free competition, that was the issue. So people wanted to understand. And then when I got there, I got tasked with doing a lot of things that was at the time going on, which dealt with both bilateral and multilateral. And it was the implementation of that WTO agreement.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  8. Exactly. Right Or it can, or sometimes people look a good way. We can talk about that later because what's going on in Korea, where people feel that that's a great thing for the go. Or even if you go back before that, telephones, the telephone subsidies that were happening to create that, which create different, there's different ways to do it.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  9. And so people wanted to know what is this tick transfer. And I got a chance to go. And that was my first taste of policy. I was 23 ish or so? And came to work on the trade reps, and it was a phenomenal experience to learn at probably one of the better Agencies and all the government Well, initially it was to understand how does this work in the US government and how do you distinguish that from what foreign countries do. Exactly. Right. Which distorts the competitive process.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  10. They were. That was a big deal. That was a big deal and a competitive factor to Boeing being able to compete on the free markets. And one of the Europeans in those negotiations raised was, hey, look at your biotech industry You guys got all this tech transfer, which is what it's called. Under the Baidule, and you guys subsidize this whole industry that you guys are a leader in.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  11. To work on the intellectual property chapter of the WTO, which at the time was called the GATT. And it was the first time in history we had an IP chapter and standards. And one issue had come up was the issue of government subsidies. So in Europe you had Airbus.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  12. Had an opportunity, I was kind of the lowest man on the totem pole, the NIH, where During the WTO negotiations. This was Mickey Cantor, was the U.S. rep. Mid 90s, 94, 95. To be detailed and I got lent out by the NIH to the U.S. Trade Representative's Office.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  13. And another piece of law called the Stevenson-Witler Act. Which allowed those to be transferred. So you now had this scientist at either Harvard or UC San Francisco or Berkeley, Stanford. and they would set up a little company. On the side, little companies that became Gen Tech. An AMGEN and Regeneron and whatever they are nowadays. So that's how those little communities develop.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  14. I was fascinated by creation, creative creation And what the business community had done, you know, did I ever get a chance to open up a biotech company? You know, those things

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  15. Always loved the business side. Of things, I think probably why I was gravitated to both intellectual property law and antitrust law.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  16. For breast cancer. You name it, there's many of them. And so some of the world's best scientists are at the NIH And I love that. And so there was this little office that was involved with patenting the technologies owned by The NIH, and then also commercializing them through licensing.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  17. The internet, you name it, GPS technology, almost 80% of our biotechnology has some sources and basic research that goes on at the NIH, the AIDS test kit.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  18. So the NIH had this thing, probably one of the greatest industrial policies in the United States was this thing called Baidole Act. And this is former Senator Birch Bai and former Senator Bob Dole. Since there's both of those Later on, they passed this law that said that innovations, inventions that were funded by federal government resources should be allowed under certain conditions to be commercialized and licensed to the federal.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  19. It has a huge impact on every one of our lives in medicine And I was just fascinated by it. So in undergrad, when I was studying, the God of our world was the NIH and the scientist at the National Institutes of Health. So I came out here to become a biotech patent lawyer and work at the NIH during the day. And GW back then had one of the best programs. So I came to DC, fell in love. With the area went to school At night and started working at the biotech.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  20. You know what, when I was an undergrad and studying those issues, I loved it, and I'll explain. How I demonstrate my love because I actually did something crazy. I went and get my master's in biotechnology after law school.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  21. Born in So I was a product of the revolution came out here in 1979 when I was about 10 years old with my family. And came to Los Angeles. So I grew up in Los Angeles Even though I probably spent more time outside of Los Angeles, I still consider that. That's where I grew up my formative years was there through UCLA undergrad. Came out to DC to become a patent. Attorney. And I thought nowhere else better. I studied physiology, so I really wanted to be in the biotech and right around then the biotech movement had broken genetics.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT

  22. Hi, I'm Kara Swisher, editor at large recode. You may know Ma as someone who has wasted way too much time thinking about the time Warner mergers over the past decades, but in my spare time I talk tech and you're listening to Ricode Decode from the Vox Media Podcast Network. Today in the red chair is Macon Del Rahim from the United States Justice Department. He's the Assistant Attorney General for the Antitrust Division, one of my favorite divisions of the Justice Department, and has been at the center of the government's attempts to stop Time Warner from merging with AT&T, but also deal with a lot of other issues, many of which will be around tech, making it welcome to recode decode.

    2018-09-01 · Decoder with Nilay Patel · Recode Decode: U.S. Justice Department antitrust lawyer Makan Delrahim · IDENTIFIED FROM THE TRANSCRIPT