Joel R. Grosberg
Subscribe to Joel R. Grosberg's PostsJoel R. Grosberg is co-head of McDermott’s Antitrust Mergers Focus Group and assists clients on civil and criminal antitrust matters, including obtaining merger clearances, counseling and litigation. He has represented clients in obtaining antitrust approvals in numerous challenging transactions, and in other government antitrust investigations before the Department of Justice, the Federal Trade Commission (“FTC”) and foreign competition authorities. Joel has significant experience in the high tech, chemical, health care and life sciences industries, including counseling on matters related to pricing and distribution practices and other competition-related issues. Read Joel Grosberg's full bio.
Antitrust M&A Snapshot | Q2 2024
By Glenna Siegel, Mary Hecht, Jon B. Dubrow, Joel R. Grosberg, Stéphane Dionnet, Graham Hyman and Max Küttner on Jul 25, 2024
Posted In Cartel Enforcement, DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
Topics covered in this edition: UNITED STATES US agencies are increasingly scrutinizing consummated mergers from years past, including Live Nation’s purchase of Ticketmaster and Meta’s acquisitions of Instagram and WhatsApp. Reports indicate that, over the past three years, companies have abandoned 37 deals in the face of Federal Trade Commission pressure. Merger activity in oil...
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Antitrust M&A Snapshot | Q1 2024
By Reese Poncia, Julian Rößler-Weis, Jon B. Dubrow, Joel R. Grosberg, Stéphane Dionnet, Graham Hyman and Max Küttner on May 2, 2024
Posted In Cartel Enforcement, DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
Topics covered in this edition: The Federal Trade Commission (FTC) and US Department of Justice have begun implementing the 2023 Merger Guidelines in their enforcement actions During a virtual workshop, the FTC highlighted its focus on private equity (PE) acquisitions of healthcare service providers and expressed concerns about PE in healthcare Artificial intelligence’s antitrust implications...
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Antitrust M&A Snapshot | Q4 2023
By Claire Danberg, Emilia Bonine, Jon B. Dubrow, Joel R. Grosberg, Stéphane Dionnet, Matt Evola and Max Küttner on Feb 14, 2024
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
Topics covered in this edition: New Merger Guidelines Released FTC Focused on Pharmaceutical Companies FTC Targets “Moat-Building” Mergers Fifth Circuit Fuels FTC’s Vertical Mergers Agenda FTC Losing Streak Reverses During the Fourth Quarter Ex post Review in the Merger Control Sphere Occurring More and More Frequently Access the full issue.
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New FTC, DOJ Merger Guidelines Create Challenges and Opportunities
By Jon B. Dubrow, Raymond A. Jacobsen, Jr., Ryan Tisch and Joel R. Grosberg on Dec 21, 2023
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on December 18, 2023. These guidelines represent a significantly more enforcement-oriented approach than the prior guidelines, and they largely follow the contours of draft guidelines released in July 2023. Companies should be aware of the Merger Guidelines...
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Antitrust M&A Snapshot | Q2 2023
By Graham Hyman, Mary Hecht, Jon B. Dubrow, Joel R. Grosberg, Stéphane Dionnet, Matt Evola and Max Küttner on Jul 31, 2023
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
Topics covered in this edition: FTC Unveils Proposal Detailing Significant Changes to Hart-Scott-Rodino Act Merger Notifications Assa Abloy Settlement Raises Questions on Litigating the Fix and DOJ Consent Decrees Pharmaceutical Industry Remains in Regulators’ Crosshairs “Whole of Government” Competition Mandate Can Impact Deals the FTC and DOJ Do Not Challenge FTC’s Constitutionality Comes Under Fire—Again...
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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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DOJ Publishing Win May Mean More Labor, Salary Challenges
By Alexandra Lewis and Joel R. Grosberg on Nov 30, 2022
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
US District Judge Florence Pan’s decision to block Penguin Random House LLC’s planned $2.2 billion acquisition of Simon & Schuster represented the US Department of Justice (DOJ) Antitrust Division’s first major merger win following a string of losses this fall. Judge Pan’s decision is significant because she accepted the DOJ’s theory that the merger would...
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