Jon B. Dubrow

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Jon B. Dubrow assists 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 foreign 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 | Q2 2022


By , , , , and on Sep 26, 2022
Posted In Consumer Protection/Privacy, DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance

In the United States, parties continue to be cautious in litigating challenged transactions. Since January 2021, the US Federal Trade Commission (FTC) and Department of Justice (DOJ) filed lawsuits (or threatened to sue) to block 16 transactions. Of those transactions, 12 were abandoned and six are in various stages of litigation. The data suggest that...

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DOJ to Merging Parties: The Time of “Underenforcement” is Over; Fix-It-First or Risk Being Challenged


By , and on Sep 20, 2022
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

WHAT HAPPENED During a conference last week, Ryan Danks, Director of Civil Enforcement at the US Department of Justice’s Antitrust Division (DOJ), suggested that merging parties—not the antitrust enforcement agencies—should devise fixes for allegedly anticompetitive transactions. Danks stated “that something is broken about the way that the antitrust community talks about remedies in the context...

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Antitrust M&A Snapshot | Q1 2022


By , , , and on May 6, 2022
Posted In DOJ Developments, EC Developments, EU Developments, French Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

In the United States, antitrust agencies continue with their aggressive merger enforcement posture. The agencies challenged four transactions this quarter, including multiple vertical mergers. The agencies are increasingly skeptical of merger remedies, including behavioral remedies and divestitures. The Federal Trade Commission (FTC) and the Department of Justice (DOJ) are working together to update the current...

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Mitigating Antitrust Risk in Defense Deals Amid Scrutiny


By , and on Mar 8, 2022
Posted In DOJ Developments, FTC Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions

As the Biden administration calls for tougher antitrust enforcement, the aerospace and defense (A&D) industry faces increased antitrust scrutiny. In this Law360 article, McDermott’s Jon Dubrow, Lisa Rumin and Anthony Ferrara explain how policy changes by the Federal Trade Commission, the Antitrust Division of the US Department of Justice and the US Department of Defense...

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Antitrust M&A Snapshot | Q4 2021


By , , , and on Feb 1, 2022
Posted In DOJ Developments, EC Developments, EU Developments, French Developments, FTC Developments, Mergers & Acquisitions

In the United States, antitrust agencies have now filled senior leadership positions, although the Federal Trade Commission (FTC) awaits the appointment of a fifth commissioner. Challenges to mergers continue apace at both the FTC and the Department of Justice (DOJ). The agencies challenged two mergers in the fourth quarter and a third transaction was abandoned....

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Antitrust M&A Snapshot | Q3 2021


By , , , and on Nov 1, 2021
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

In the United States, the US Department of Justice’s (DOJ) challenge of American Airlines and JetBlue’s “Northeast Alliance” after the joint venture’s approval by the US Department of Transportation earlier this year demonstrates the Biden administration’s commitment to aggressive antitrust enforcement. US President Joe Biden issued an Executive Order calling for tougher antitrust enforcement, including...

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Antitrust M&A Snapshot | Q2 2021


By , , , and on Aug 6, 2021
Posted In Agriculture, DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions

In the United States, aggressive antitrust enforcement is likely to continue with the appointment of Lina Khan as Federal Trade Commission (FTC) Chair and the nomination of Jonathan Kanter to lead the Department of Justice’s (DOJ) Antitrust Division. The premerger notification landscape continues to shift as filings reach another record high. Technology companies remain in...

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FTC “Prior Approval” Policy for Future Transactions Raises Antitrust Risks for Buyers and Sellers


By and on Jul 22, 2021
Posted In FTC Developments, Mergers & Acquisitions

The US Federal Trade Commission (FTC) voted July 21, 2021, to repeal a 1995 policy statement that eliminated prior approval and prior notice provisions from most merger settlements. In repealing this longstanding policy—and likely insisting on the inclusion of such provisions in future settlements—the FTC will have significantly greater authority to review and block future...

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Proposed HSR Rule Changes Likely to Increase Filings and Information Requirements for Private Equity Firms


By and on Sep 23, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

What Happened: The FTC and DOJ proposed new Hart–Scott–Rodino (HSR) rules that, if issued in final form, will significantly change HSR practice for Private Equity (PE) companies. The Proposed Rules are subject to comment for 60 days after they are published in the Code of Federal Regulations (CFR) and will not go into effect until...

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Price Gouging in the Crosshairs During COVID-19


By and on Apr 24, 2020
Posted In Consumer Protection/Privacy, Distribution/Franchising

In the midst of the Coronavirus (COVID-19) pandemic, states are closely monitoring companies’ pricing of personal protective equipment, food and other essential supplies. Our latest post offers an overview of state price gouging laws and practical considerations for businesses as they face supply pressures and increased consumer demand. Access Full Article  

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