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.
FTC and DOJ Draft Vertical Merger Guidelines Provide Additional Transparency to Agency Practice
By Gregory E. Heltzer, Jon B. Dubrow, Joel R. Grosberg and Matt Evola on Jan 14, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
For the first time since the Department of Justice Antitrust Division (DOJ) published non-horizontal merger guidelines in 1984, the DOJ and Federal Trade Commission (FTC) issued updated Vertical Merger Guidelines to explain how the antitrust agencies analyze vertical mergers. The guidelines were published in draft on January 10, 2020, and are now open for a...
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Recent Merger Reviews Demonstrate Increased FTC and DOJ Focus on Acquisitions of Nascent Competitors
By Jon B. Dubrow, Joel R. Grosberg, Matt Evola and Will Diaz on Jan 13, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
Three recent antitrust merger reviews involving nascent competition demonstrate enforcers are paying close attention to acquisitions by industry leaders of emerging, but early-stage competitors. The US antitrust agencies have been criticized for allowing leading technology companies to extend their entrenched positions to multiple markets or technologies through acquisitions. We are now seeing regulators increasing their...
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6 Trends in Global Antitrust M&A, and How General Counsel Can Deal with Them
By Jon B. Dubrow and Joel R. Grosberg on Oct 16, 2019
Posted In Chinese Developments, DOJ Developments, EC Developments, FTC Developments, German Developments, Mergers & Acquisitions
Today, companies looking to merge with others across jurisdictions would do well to consider antitrust issues at the beginning of the transaction process; regulatory antitrust challenges to M&A are increasing globally. On Corporate Counsel, McDermott partners Jon B. Dubrow and Joel R. Grosberg discuss six risks to deals from antitrust regulators, such as vertical merger...
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Antitrust M&A Snapshot | US Tackles Vertical Merger Enforcement Guidelines while the EC Blocks 2 Transactions
By McDermott Will & Emery, Anthony S. Ferrara, Jon B. Dubrow and Joel R. Grosberg on May 15, 2019
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions
The first quarter of 2019 proved to be as active as ever for antitrust regulators in both the United States and Europe. In the United States, vertical merger enforcement was the focus of a few high-profile matters. The US DOJ has been working on an update to the Non-Horizontal Merger Guidelines, possibly providing clarification for...
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Antitrust M&A Snapshot | Regulator Focus on High-Tech Transactions, Acquisitions and Impact on Innovations
By Noah Feldman Greene, McDermott Will & Emery, Carina Kant, Jon B. Dubrow and Joel R. Grosberg on Mar 11, 2019
Posted In DOJ Developments, EC Developments, FTC Developments, German Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
Antitrust regulators in the United States and Europe were very active in the final quarter of 2018 closing a large number of cases requiring in-depth investigations. In the United States, regulators continue their focus on the potential need to update their methods of reviewing high-tech transactions with public hearings on the future of antitrust enforcement....
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Out of Bounds: Sports Agencies Flagged for Anticompetitive Bidding Agreements
By Jon B. Dubrow and Lisa A. Peterson on Feb 27, 2019
Posted In Cartel Enforcement, DOJ Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
The US Department of Justice (DOJ) recently sued former joint venture partners because they allegedly coordinated their competitive activities beyond the legitimate scope of their venture. This case illustrates several important points. First, companies who collaborate through joint ventures and similar arrangements need to be mindful that any legitimate collaborative activity does not “spill over”...
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Aerospace & Defense Series: Antitrust Risks for Aerospace and Defense Contractors in Employment Practices
By Jon B. Dubrow on Feb 19, 2019
Posted In Cartel Enforcement, DOJ Developments, FTC Developments, Private Litigation
As highlighted in a recent lawsuit, aerospace and defense contractors can face various antitrust risks when using certain tactics to prevent other companies from hiring their employees. See Hunter v. Booz Allen Hamilton Holding Corp., No. 2:19-CV-411 (S.D. Ohio). The plaintiff, a former intelligence professional who worked at the US government’s Joint Intelligence Operations Center...
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THE LATEST: FTC Allows Problematic Vertical Merger to Proceed with a Behavioral Remedy
By Anthony S. Ferrara and Jon B. Dubrow 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 McDermott Will & Emery, Jon B. Dubrow and Jonathan Ende 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 McDermott Will & Emery, Jon B. Dubrow and Joel R. Grosberg 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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