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 | 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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The Fix Is In – Key Learnings From Recent Vertical Merger Challenges
By Jon B. Dubrow, Stephen Wu, Matt Evola and Bailey K. Sanders on Feb 9, 2024
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
Vertical mergers are inherently more difficult for the government to litigate than horizonal mergers. After not litigating a vertical merger case since the 1970s, the Federal Trade Commission and the US Department of Justice have recently tried several matters. In this Westlaw Today article, Jon Dubrow, Stephen Wu, Matt Evola and Bailey Sanders discuss key...
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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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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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