Jon B. Dubrow
Subscribe to Jon B. Dubrow's PostsJon Dubrow is co-head of McDermott’s Antitrust Mergers Focus Group and is a strategic advisor serving clients across a host of inter-related antitrust issues, including mergers and acquisitions (M&A) transactions / merger clearance, counseling and litigation. Jon leads the defense of mergers, acquisitions and joint ventures before the Department of Justice, the Federal Trade Commission and other international competition authorities. He also regularly assists third parties whose interests are adversely affected by proposed transactions. Jon also is experienced in antitrust litigation. He provides counseling on distribution issues, contracting arrangements and a wide variety of other competition-related matters. Read Jon Dubrow's full bio.
Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement
By Nicole Castle, Jon B. Dubrow, Noah Feldman Greene, Gregory E. Heltzer, Joel R. Grosberg, Raymond A. Jacobsen, Jr., Lisa P. Rumin, Ryan Tisch and Stephen Wu on Jul 25, 2023
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
Mergers and acquisitions will continue to face strong headwinds at the Federal Trade Commission and the US Department of Justice under new proposed Merger Guidelines released on July 19, 2023. The Proposed Guidelines embody the antitrust agencies’ aggressive posture toward merger enforcement under the Biden administration. This On the Subject highlights the most significant changes...
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FTC Releases Proposed Changes to Premerger Notification Form and Process
By Jon B. Dubrow, Timothy (Ty) Carson, Joel R. Grosberg, Raymond A. Jacobsen, Jr. and Ryan Tisch on Jun 30, 2023
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
The Federal Trade Commission (FTC) has proposed, for comment, significant changes to the information and documents to be submitted with premerger filings—even in transactions that do not raise significant antitrust issues. The changes proposed may not take effect and may be different when finalized. But if promulgated as proposed, every Hart-Scott-Rodino (HSR) filing will be more difficult...
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Antitrust M&A Snapshot | Q1 2023
By Anthony S. Ferrara, Max Küttner, Jon B. Dubrow, Joel R. Grosberg, Stéphane Dionnet and Matt Evola on Apr 20, 2023
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
Topics covered in this edition: Christine Wilson Resigns as FTC Commissioner FTC/Department of Justice Horizontal Merger Guidelines Delayed Agencies Maintain Focus on Private Equity, Especially in Healthcare Continuing a Trend: FTC Loses Challenge to Meta’s Acquisition of Within Agencies Continue to Challenge Transactions Outright Rather than Negotiate Settlements New Regulatory Burden: The EU Foreign Subsidies...
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Antitrust M&A Snapshot | Q4 2022
By Alexandra Lewis, Jon B. Dubrow, Joel R. Grosberg and Matt Evola on Jan 19, 2023
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions
Topics covered in this edition: • DOJ Sees First Merger Win After String of Losses • FTC Brings Suit Against Microsoft/Activision • Updated Merger Guidelines Expected Soon • Merger Fees Changing • The EC Launches a Consultation on Its Draft Revised Market Definition Notice • UK Orders a Chinese Firm to Divest Its 83% Controlling...
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Congress Overhauls Merger Filing Fees and Thresholds
By Graham Hyman, Jon B. Dubrow, Gregory E. Heltzer and Timothy (Ty) Carson on Dec 23, 2022
Posted In DOJ Developments, FTC Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
Congress has passed—and President Biden is expected to sign into law today—the Merger Filing Fee Modernization Act, which will significantly change antitrust merger notification regulations under the Hart-Scott-Rodino Act (HSR Act), 15 U.S.C. § 18a. Included in the changes is language substantially altering the framework for the filing fee amounts and the deal value thresholds...
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Antitrust M&A Snapshot | Q3 2022
By Reese Poncia, Carina Kant, Jon B. Dubrow, Joel R. Grosberg and Matt Evola on Nov 18, 2022
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
In the United States, the US Department of Justice (DOJ) and the Federal Trade Commission (FTC) lost four merger challenges (Illumina/GRAIL, UnitedHealth/Change Healthcare, U.S. Sugar/Imperial Sugar and Booz Allen/EverWatch) in September. The losses demonstrate that parties willing to litigate can have success in court. The absence of “smoking gun” documents and lack of a presumption...
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Why Courts Are Rejecting Agencies’ Merger Challenges
By Jon B. Dubrow, Joel R. Grosberg and Matt Evola on Oct 24, 2022
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
The US Department of Justice’s and the Federal Trade Commission’s losses in three merger challenges in September and a fourth in October demonstrate that merging parties can close difficult transactions if willing to fight the agencies in court. In this Law360 article, McDermott’s Jon B. Dubrow, Joel R. Grosberg and Matt Evola discuss these four cases...
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Seven Corporate Directors Resign: DOJ Ramps Enforcement Against Board Members Serving on Competitors’ Boards
By Glenna Siegel, Gregory E. Heltzer and Jon B. Dubrow on Oct 21, 2022
Posted In DOJ Developments
WHAT HAPPENED Seven directors resigned from corporate boards following promises of enforcement of Clayton Act Section 8 (15 U.S.C. § 19) by the US Department of Justice (DOJ), Antitrust Division (the Division), the Division announced Wednesday. The directors served on the boards of corporations that the DOJ asserted competed in a variety of sectors, including...
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Antitrust M&A Snapshot | Q2 2022
By Claire Danberg, Karolien Van der Putten, Jon B. Dubrow, Joel R. Grosberg, Lisa P. Rumin and Hendrik Viaene on Sep 26, 2022
Posted In Consumer Protection/Privacy, DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance
In the United States, parties continue to be cautious in litigating challenged transactions. Since January 2021, the US Federal Trade Commission (FTC) and Department of Justice (DOJ) filed lawsuits (or threatened to sue) to block 16 transactions. Of those transactions, 12 were abandoned and six are in various stages of litigation. The data suggest that...
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DOJ to Merging Parties: The Time of “Underenforcement” is Over; Fix-It-First or Risk Being Challenged
By Jon B. Dubrow, Gregory E. Heltzer and Noah Feldman Greene on Sep 20, 2022
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
WHAT HAPPENED During a conference last week, Ryan Danks, Director of Civil Enforcement at the US Department of Justice’s Antitrust Division (DOJ), suggested that merging parties—not the antitrust enforcement agencies—should devise fixes for allegedly anticompetitive transactions. Danks stated “that something is broken about the way that the antitrust community talks about remedies in the context...
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