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.
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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FTC Challenges Axon’s Consummated Acquisition of Body-Worn Camera Competitor
By Anthony S. Ferrara, Jon B. Dubrow and Joel R. Grosberg on Jan 17, 2020
Posted In FTC Developments, Mergers & Acquisitions
The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of VieVu, a body-worn camera competitor, from Safariland. The FTC also challenged non-compete agreements that Axon and Safariland signed in connection with the acquisition. The complaint demonstrates the...
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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 McDermott Will & Emery, Carina Kant, Jon B. Dubrow, Joel R. Grosberg and Noah Feldman Greene 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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