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.
HSR Update – Early Termination Is Again An Option
By Gregory E. Heltzer, Jon B. Dubrow and Joel R. Grosberg on Mar 27, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
In a prior note we provided guidance on COVID-19’s Impact on HSR Filing Timelines. The Agencies had indicated that early termination would not be granted while FTC operated on a temporary e-filing system. Today, the Agencies have updated that guidance and as of March 30 will again grant early termination when both the FTC and...
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FTC, DOJ Issue Antitrust Statement On Covid-19 Response Collaborations
By Ashley Fischer, Jon B. Dubrow and Katharine M. O'Connor on Mar 26, 2020
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments
On March 24, 2020, the US Federal Trade Commission (FTC) and US Department of Justice (DOJ) issued a Joint Antitrust Statement Regarding COVID-19. In this statement, the FTC and DOJ recognize that public health efforts in response to the Coronavirus (COVID-19) require government and private cooperation. To address the speed at which companies and individuals...
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COVID-19’s Impact on HSR Filing Timelines (UPDATED)
By Gregory E. Heltzer, Jon B. Dubrow and Joel R. Grosberg on Mar 20, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
With COVID-19-related closures rolling in daily, you may have questions about the operating status of the federal government’s antitrust enforcement agencies. Currently, the HSR review process does not seem to be significantly impacted, although the agencies will not grant a request for early termination during this period (as noted in our recent update, the FTC...
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Aerospace and Defense Series: DOJ and FTC Vertical Merger Guidelines Will Impact Government Contractors
By Anthony S. Ferrara and Jon B. Dubrow on Feb 24, 2020
Posted In DOJ Developments, FTC Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
Last month, the Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) released updated Vertical Merger Guidelines in draft form. These guidelines provide a useful resource for aerospace and defense contractors involved in M&A transactions. Vertical competition issues frequently arise in this industry given the nature of the supply base and contracting and...
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Anticompetitive Conduct in Biologics – An Enforcement Priority with FTC and FDA
By Jon B. Dubrow, Lisa P. Rumin and Will Diaz on Feb 4, 2020
Posted In Consumer Protection/Privacy, FTC Developments, Healthcare Antitrust
Today the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) released joint guidance concerning competition for biologics, including biosimilars. The joint guidance seeks to enhance competition for biologics and reduce manufacturers’ use of false or misleading statements or promotional communications concerning the efficacy or safety of biosimilars and other biologics. This guidance...
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FTC Challenges Axon’s Consummated Acquisition of Body-Worn Camera Competitor
By Anthony S. Ferrara, Jon B. Dubrow and Joel R. Grosberg on Jan 17, 2020
Posted In FTC Developments, Mergers & Acquisitions
The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of VieVu, a body-worn camera competitor, from Safariland. The FTC also challenged non-compete agreements that Axon and Safariland signed in connection with the acquisition. The complaint demonstrates the...
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FTC and DOJ Draft Vertical Merger Guidelines Provide Additional Transparency to Agency Practice
By Gregory E. Heltzer, Jon B. Dubrow, Joel R. Grosberg and Matt Evola on Jan 14, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
For the first time since the Department of Justice Antitrust Division (DOJ) published non-horizontal merger guidelines in 1984, the DOJ and Federal Trade Commission (FTC) issued updated Vertical Merger Guidelines to explain how the antitrust agencies analyze vertical mergers. The guidelines were published in draft on January 10, 2020, and are now open for a...
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Recent Merger Reviews Demonstrate Increased FTC and DOJ Focus on Acquisitions of Nascent Competitors
By Jon B. Dubrow, Joel R. Grosberg, Matt Evola and Will Diaz on Jan 13, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
Three recent antitrust merger reviews involving nascent competition demonstrate enforcers are paying close attention to acquisitions by industry leaders of emerging, but early-stage competitors. The US antitrust agencies have been criticized for allowing leading technology companies to extend their entrenched positions to multiple markets or technologies through acquisitions. We are now seeing regulators increasing their...
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6 Trends in Global Antitrust M&A, and How General Counsel Can Deal with Them
By Jon B. Dubrow and Joel R. Grosberg on Oct 16, 2019
Posted In Chinese Developments, DOJ Developments, EC Developments, FTC Developments, German Developments, Mergers & Acquisitions
Today, companies looking to merge with others across jurisdictions would do well to consider antitrust issues at the beginning of the transaction process; regulatory antitrust challenges to M&A are increasing globally. On Corporate Counsel, McDermott partners Jon B. Dubrow and Joel R. Grosberg discuss six risks to deals from antitrust regulators, such as vertical merger...
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Antitrust M&A Snapshot | US Tackles Vertical Merger Enforcement Guidelines while the EC Blocks 2 Transactions
By McDermott Will & Emery, Anthony S. Ferrara, Jon B. Dubrow and Joel R. Grosberg on May 15, 2019
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions
The first quarter of 2019 proved to be as active as ever for antitrust regulators in both the United States and Europe. In the United States, vertical merger enforcement was the focus of a few high-profile matters. The US DOJ has been working on an update to the Non-Horizontal Merger Guidelines, possibly providing clarification for...
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