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.
FTC “Prior Approval” Policy for Future Transactions Raises Antitrust Risks for Buyers and Sellers
By Jon B. Dubrow and Noah Feldman Greene 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 Gregory E. Heltzer and Jon B. Dubrow 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 Jon B. Dubrow and Noah Feldman Greene 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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United Technologies/Raytheon Highlights Key Issues in Aerospace and Defense Industry Merger Review
By Anthony S. Ferrara and Jon B. Dubrow on Apr 23, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance
The DOJ Antitrust Division’s recent challenge to the United Technologies/Raytheon merger highlights a few key considerations for antitrust reviews of aerospace and defense industry transactions. The case is a useful illustration of important principles applicable to this unique industry. Access Full Article
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DOJ Issues Antitrust Guidance on Competitor Collaboration to Combat COVID-19
By Ashley Fischer, Jon B. Dubrow and Katharine M. O'Connor on Apr 13, 2020
Posted In Healthcare Antitrust, Joint Ventures/Competitor Collaboration
The US Department of Justice (DOJ) Antitrust Division issued a business review letter that underscores the flexibility of the US antitrust regulators towards competitor collaborations aimed at increasing the supply and distribution of medical equipment needed to fight the Coronavirus (COVID-19) pandemic. This letter can provide guidance to other companies considering collaborations to assist in the response...
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HSR Update – Early Termination Is Again An Option
By Gregory E. Heltzer, Jon B. Dubrow and Joel R. Grosberg on Mar 27, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
In a prior note we provided guidance on COVID-19’s Impact on HSR Filing Timelines. The Agencies had indicated that early termination would not be granted while FTC operated on a temporary e-filing system. Today, the Agencies have updated that guidance and as of March 30 will again grant early termination when both the FTC and...
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FTC, DOJ Issue Antitrust Statement On Covid-19 Response Collaborations
By Ashley Fischer, Jon B. Dubrow and Katharine M. O'Connor on Mar 26, 2020
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments
On March 24, 2020, the US Federal Trade Commission (FTC) and US Department of Justice (DOJ) issued a Joint Antitrust Statement Regarding COVID-19. In this statement, the FTC and DOJ recognize that public health efforts in response to the Coronavirus (COVID-19) require government and private cooperation. To address the speed at which companies and individuals...
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COVID-19’s Impact on HSR Filing Timelines (UPDATED)
By Gregory E. Heltzer, Jon B. Dubrow and Joel R. Grosberg on Mar 20, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
With COVID-19-related closures rolling in daily, you may have questions about the operating status of the federal government’s antitrust enforcement agencies. Currently, the HSR review process does not seem to be significantly impacted, although the agencies will not grant a request for early termination during this period (as noted in our recent update, the FTC...
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Aerospace and Defense Series: DOJ and FTC Vertical Merger Guidelines Will Impact Government Contractors
By Anthony S. Ferrara and Jon B. Dubrow on Feb 24, 2020
Posted In DOJ Developments, FTC Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
Last month, the Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) released updated Vertical Merger Guidelines in draft form. These guidelines provide a useful resource for aerospace and defense contractors involved in M&A transactions. Vertical competition issues frequently arise in this industry given the nature of the supply base and contracting and...
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Anticompetitive Conduct in Biologics – An Enforcement Priority with FTC and FDA
By Jon B. Dubrow, Lisa P. Rumin and Will Diaz on Feb 4, 2020
Posted In Consumer Protection/Privacy, FTC Developments, Healthcare Antitrust
Today the Federal Trade Commission (FTC) and the Food and Drug Administration (FDA) released joint guidance concerning competition for biologics, including biosimilars. The joint guidance seeks to enhance competition for biologics and reduce manufacturers’ use of false or misleading statements or promotional communications concerning the efficacy or safety of biosimilars and other biologics. This guidance...
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