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.

THE LATEST: FTC Allows Problematic Vertical Merger to Proceed with a Behavioral Remedy


By and on Feb 5, 2019
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

On January 28, the US Federal Trade Commission (FTC) announced that it had accepted a proposed settlement with office supply distributors Staples and Essendant in connection with Staples’ proposed $482.7 million acquisition of Essendant. The settlement suggests that the FTC is currently more willing than the US Department of Justice (DOJ) to accept conduct remedies...

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New FTC Interpretation Will Require HSR Act Filing for Many Hospital Affiliation Transactions


By , and on Nov 20, 2018
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

The Premerger Notification Office (PNO) of the Federal Trade Commission (FTC) recently formalized a new position on Hart-Scott-Rodino Act (HSR Act) reporting obligations for certain not-for-profit, non-stock transactions. The change is currently in effect and applies to transactions that have not yet closed. The change in position will require reporting of many hospital transactions that...

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Antitrust M&A Snapshot


By , , and on Nov 7, 2018
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance

United States: July – September 2018 Update Both US antitrust agencies marked the third quarter of 2018 with significant policy announcements regarding the merger review process. The announced reforms seek to expedite the review process through cooperation between the agencies and the merging parties. Moving first, the Federal Trade Commission (FTC) revealed a Model Timing...

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DOJ Announces Procedural Reforms Seeking to Resolve Merger Investigations within 6 Months of Filing


By , and on Sep 25, 2018
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

Today, Assistant Attorney General Makan Delrahim announced a series of reforms with the express goal to resolve most merger investigations within six months of filing. The reforms seek to place the burden of faster reviews not only on the Antitrust Division of the Department of Justice (DOJ), but also on the merging parties. The DOJ will...

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THE LATEST: FTC Announces New Model Timing Agreement for Merger Investigations


By on Aug 9, 2018
Posted In FTC Developments, Mergers & Acquisitions

WHAT HAPPENED: On August 7, the FTC published a new Model Timing Agreement. Timing agreements are agreements between FTC staff and merging parties that outline the FTC’s expected timing for various events in order for it to conduct an orderly investigation during a Second Request. The FTC expects the Model Timing Agreement to be used...

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Antitrust M&A Snapshot


By , , and on Aug 6, 2018
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance

United States: April – June 2018 Update The second quarter of 2018 ushered in a trial defeat for the US Department of Justice (DOJ) and the beginning of a new era at the Federal Trade Commission (FTC). In June, Judge Richard J. Leon of the US District Court for the District of Columbia denied the...

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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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Aerospace & Defense Series: Behavioral Remedies Remain a Viable Solution for Vertical Mergers in the Defense Industry


By on Jun 18, 2018
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

The recent FTC decision in the Northrop Grumman / Orbital ATK matter has shed light on the agency’s vertical merger enforcement policy and outlined a path to antitrust merger clearance for the Aerospace and Defense industry. The FTC’s June 5 consent decree shows behavioral remedies remain a viable solution if the parties can prove both...

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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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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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