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.
Antitrust M&A Snapshot | Regulator Focus on High-Tech Transactions, Acquisitions and Impact on Innovations
By McDermott Will & Emery, Carina Kant, Jon B. Dubrow, Joel R. Grosberg and Noah Feldman Greene on Mar 11, 2019
Posted In DOJ Developments, EC Developments, FTC Developments, German Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
Antitrust regulators in the United States and Europe were very active in the final quarter of 2018 closing a large number of cases requiring in-depth investigations. In the United States, regulators continue their focus on the potential need to update their methods of reviewing high-tech transactions with public hearings on the future of antitrust enforcement....
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Out of Bounds: Sports Agencies Flagged for Anticompetitive Bidding Agreements
By Jon B. Dubrow and Lisa A. Peterson on Feb 27, 2019
Posted In Cartel Enforcement, DOJ Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
The US Department of Justice (DOJ) recently sued former joint venture partners because they allegedly coordinated their competitive activities beyond the legitimate scope of their venture. This case illustrates several important points. First, companies who collaborate through joint ventures and similar arrangements need to be mindful that any legitimate collaborative activity does not “spill over”...
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Aerospace & Defense Series: Antitrust Risks for Aerospace and Defense Contractors in Employment Practices
By Jon B. Dubrow on Feb 19, 2019
Posted In Cartel Enforcement, DOJ Developments, FTC Developments, Private Litigation
As highlighted in a recent lawsuit, aerospace and defense contractors can face various antitrust risks when using certain tactics to prevent other companies from hiring their employees. See Hunter v. Booz Allen Hamilton Holding Corp., No. 2:19-CV-411 (S.D. Ohio). The plaintiff, a former intelligence professional who worked at the US government’s Joint Intelligence Operations Center...
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THE LATEST: FTC Allows Problematic Vertical Merger to Proceed with a Behavioral Remedy
By Anthony S. Ferrara and Jon B. Dubrow on Feb 5, 2019
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
On January 28, the US Federal Trade Commission (FTC) announced that it had accepted a proposed settlement with office supply distributors Staples and Essendant in connection with Staples’ proposed $482.7 million acquisition of Essendant. The settlement suggests that the FTC is currently more willing than the US Department of Justice (DOJ) to accept conduct remedies...
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New FTC Interpretation Will Require HSR Act Filing for Many Hospital Affiliation Transactions
By McDermott Will & Emery, Jon B. Dubrow and Jonathan Ende on Nov 20, 2018
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
The Premerger Notification Office (PNO) of the Federal Trade Commission (FTC) recently formalized a new position on Hart-Scott-Rodino Act (HSR Act) reporting obligations for certain not-for-profit, non-stock transactions. The change is currently in effect and applies to transactions that have not yet closed. The change in position will require reporting of many hospital transactions that...
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Antitrust M&A Snapshot
By McDermott Will & Emery, Jon B. Dubrow and Joel R. Grosberg on Nov 7, 2018
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance
United States: July – September 2018 Update Both US antitrust agencies marked the third quarter of 2018 with significant policy announcements regarding the merger review process. The announced reforms seek to expedite the review process through cooperation between the agencies and the merging parties. Moving first, the Federal Trade Commission (FTC) revealed a Model Timing...
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DOJ Announces Procedural Reforms Seeking to Resolve Merger Investigations within 6 Months of Filing
By McDermott Will & Emery, Jon B. Dubrow and Joel R. Grosberg on Sep 25, 2018
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
Today, Assistant Attorney General Makan Delrahim announced a series of reforms with the express goal to resolve most merger investigations within six months of filing. The reforms seek to place the burden of faster reviews not only on the Antitrust Division of the Department of Justice (DOJ), but also on the merging parties. The DOJ will...
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THE LATEST: FTC Announces New Model Timing Agreement for Merger Investigations
By Jon B. Dubrow on Aug 9, 2018
Posted In FTC Developments, Mergers & Acquisitions
WHAT HAPPENED: On August 7, the FTC published a new Model Timing Agreement. Timing agreements are agreements between FTC staff and merging parties that outline the FTC’s expected timing for various events in order for it to conduct an orderly investigation during a Second Request. The FTC expects the Model Timing Agreement to be used...
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Antitrust M&A Snapshot
By McDermott Will & Emery, Jon B. Dubrow and Joel R. Grosberg on Aug 6, 2018
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance
United States: April – June 2018 Update The second quarter of 2018 ushered in a trial defeat for the US Department of Justice (DOJ) and the beginning of a new era at the Federal Trade Commission (FTC). In June, Judge Richard J. Leon of the US District Court for the District of Columbia denied the...
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Three Lessons from AT&T/Time Warner and Three Strategies for Future Vertical Transactions
By McDermott Will & Emery, Jon B. Dubrow and Joel R. Grosberg on Jun 19, 2018
Posted In DOJ Developments, Mergers & Acquisitions
The challenges that the government faces in litigating vertical mergers was illustrated in the DOJ’s recent loss in its challenge of AT&T’s proposed acquisition of Time Warner. The result provides guidance for how companies can improve their odds of obtaining antitrust approval for similar transactions. Access the full article.
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