Joel R. Grosberg

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Joel 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.

Three Lessons from AT&T/Time Warner and Three Strategies for Future Vertical Transactions


By , and 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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Antitrust M&A Snapshot


By , and on May 7, 2018
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions

United States: January – March 2018 Update One year into the Trump administration, the US antitrust agencies are finally starting to implement their enforcement policies. Most notably, trial began in the US Department of Justice’s (DOJ) challenge of the AT&T/Time Warner merger, which is the Antitrust Division’s first significant vertical challenge in several decades. Judge...

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China to Consolidate Antitrust Law Enforcement Power


By on Mar 20, 2018
Posted In Chinese Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance

The Chinese government announced on March 13, 2018, that it will consolidate the duties of three competition agencies into a new government agency to handle all antitrust matters. While it is too early to tell how this reorganization will impact China’s review of transactions and conduct cases, we believe that this change could lead to...

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Antitrust Merger Enforcement Update: One Year into the Trump Administration


By , and on Jan 30, 2018
Posted In DOJ Developments, EC Developments, FTC Developments, Mergers & Acquisitions

At the one year anniversary of the Trump administration, antitrust merger enforcement remains similar to the Obama administration, but it is still early to judge given the delays in antitrust appointments and given the DOJ’s lawsuit against the vertical AT&T/Time Warner transaction, the first vertical merger litigation in decades.  Below are some of the recent...

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Trump’s DOJ Challenges Merger Cleared during Waning Days of Obama Administration


By and on Sep 27, 2017
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

WHAT HAPPENED On December 1, 2016 Parker-Hannifin agreed to acquire Clarcor for $4.3 billion. The merger agreement included a $200 million divestiture cap – that is, Parker-Hannifin was required, if necessary, to divest assets representing up to $200 million in net sales to obtain antitrust clearance. The initial antitrust waiting period under the Hart-Scott-Rodino Act...

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Antitrust M&A Snapshot: April – June 2017 Update


By , and on Aug 3, 2017
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance

McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise summaries of Federal Trade Commission (FTC), Department of Justice (DOJ) and European Commission (EC) news and events related to M&A,...

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McDermott Releases 1Q2017 Antitrust M&A Snapshot


By and on Apr 21, 2017
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions

McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise summaries of Federal Trade Commission (FTC), Department of Justice (DOJ) and European Commission (EC) news and events related...

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Antitrust M&A Snapshot: October – December 2016 Update


By , and on Jan 30, 2017
Posted In DOJ Developments, EC Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions

McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise summaries of Federal Trade Commission (FTC), Department of Justice (DOJ) and European Commission (EC) news and events related...

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McDermott’s Antitrust M&A Snapshot Published on July 17, 2016


By , and on Jul 27, 2016
Posted In Consumer Protection/Privacy, DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance

McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise summaries of Federal Trade Commission (FTC), Department of Justice (DOJ) and European Commission (EC) news and events related to M&A,...

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Lessons Learned – The State of Affairs in US Merger Review


By , , , and on May 18, 2016
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

In the last year, the US antitrust regulators successfully challenged multiple transactions in court and forced companies to abandon several other transactions as a result of threatened enforcement actions. Looking back at the different cases, there are some trends that we see developing in the government’s positioning on mergers, and these should be kept in...

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