Jon B. Dubrow
Subscribe to Jon B. Dubrow's PostsJon Dubrow is the US head of McDermott’s Antitrust Group and a strategic advisor to clients across a host of interrelated antitrust issues, including mergers and acquisitions (M&A) transactions and merger clearance, counseling, and litigation. He leads the defense of mergers, acquisitions and joint ventures before the Department of Justice, the Federal Trade Commission and other international competition authorities. Jon 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 | 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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Why Courts Are Rejecting Agencies’ Merger Challenges
By Jon B. Dubrow, Joel R. Grosberg and Matt Evola on Oct 24, 2022
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
The US Department of Justice’s and the Federal Trade Commission’s losses in three merger challenges in September and a fourth in October demonstrate that merging parties can close difficult transactions if willing to fight the agencies in court. In this Law360 article, McDermott’s Jon B. Dubrow, Joel R. Grosberg and Matt Evola discuss these four cases...
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Seven Corporate Directors Resign: DOJ Ramps Enforcement Against Board Members Serving on Competitors’ Boards
By Glenna Siegel, Gregory E. Heltzer and Jon B. Dubrow on Oct 21, 2022
Posted In DOJ Developments
WHAT HAPPENED Seven directors resigned from corporate boards following promises of enforcement of Clayton Act Section 8 (15 U.S.C. § 19) by the US Department of Justice (DOJ), Antitrust Division (the Division), the Division announced Wednesday. The directors served on the boards of corporations that the DOJ asserted competed in a variety of sectors, including...
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Antitrust M&A Snapshot | Q2 2022
By Claire Danberg, Karolien Van der Putten, Jon B. Dubrow, Joel R. Grosberg, Lisa P. Rumin and Hendrik Viaene 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 Jon B. Dubrow, Gregory E. Heltzer and Noah Feldman Greene 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 Anthony S. Ferrara, Hannelore Wiame, Jon B. Dubrow, Joel R. Grosberg and Lisa P. Rumin 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 Jon B. Dubrow, Lisa P. Rumin and Anthony S. Ferrara 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 Matt Evola, Mary Hecht, Jon B. Dubrow, Joel R. Grosberg and Lisa P. Rumin 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 Noah Feldman Greene, Max Küttner, Jon B. Dubrow, Joel R. Grosberg and Lisa P. Rumin 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 Graham Hyman, Karolien Van der Putten, Jon B. Dubrow, Joel R. Grosberg and Lisa P. Rumin 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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