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.
THE LATEST: Enforcers Continue Recent Focus on Innovation Concerns with Emerson/Pentair Consent Agreement
By McDermott Will & Emery and Jon B. Dubrow on May 4, 2017
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
The FTC’s recent consent agreement addressing concerns regarding Emerson Electric Co.’s (Emerson) acquisition of Pentair Plc (Pentair) demonstrates a continued focus on whether transactions will reduce the incentive for merging parties to develop new, innovative products in the future. This is the latest in a string of cases which show that when the antitrust regulators...
Continue Reading
McDermott Releases 1Q2017 Antitrust M&A Snapshot
By Jon B. Dubrow and Joel R. Grosberg on Apr 21, 2017
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions
McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise summaries of Federal Trade Commission (FTC), Department of Justice (DOJ) and European Commission (EC) news and events related...
Continue Reading
THE LATEST: Antitrust Umps Throw Out Information Exchanges Relating To LA Dodgers Broadcast Rights
By Jon B. Dubrow on Apr 3, 2017
Posted In Cartel Enforcement, DOJ Developments
The Department of Justice (DOJ) reinforces the perils of competitor information exchanges by challenging alleged communications between DirecTV and other video programmers related to broadcast rights for Los Angeles (LA) Dodgers baseball. WHAT HAPPENED: In November 2016, the DOJ filed an antitrust complaint against DirecTV. DOJ alleged: The LA Dodgers sought to sell broadcast rights...
Continue Reading
The LATEST: FTC “Second Requests” to be Narrower in Scope under Ohlhausen’s Leadership
By Gregory E. Heltzer, Jon B. Dubrow and McDermott Will & Emery on Feb 17, 2017
Posted In FTC Developments, Mergers & Acquisitions
Transactions that meet the Hart-Scott-Rodino thresholds for notification must be reported to the Federal Trade Commission (“FTC”) and Department of Justice. Where a notified transaction raises competition concerns, the reviewing agency may decide to launch an in-depth investigation and request additional information from the merging parties, known as a “Second Request,” which can take several...
Continue Reading
THE LATEST: Employee “No-Poaching” Agreements Remain in the Antitrust Crosshairs
By Gregory E. Heltzer, Jon B. Dubrow and Mary Strimel on Feb 16, 2017
Posted In Uncategorized
There have been a series of investigations, class action suits and high value settlements involving agreements not to solicit employees. In addition, the Department of Justice (DOJ) Antitrust Division made a splash a few months ago when it announced that it would criminally investigate and prosecute employers that engage in certain “naked” no-poach or wage-fixing...
Continue Reading
Flurry of Antitrust Merger Enforcement Actions as Obama Presidency Comes to a Close
By Jon B. Dubrow on Feb 2, 2017
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) announced several antitrust enforcement actions in advance of the inauguration of President Trump, including settlements for failures to file under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act), a challenge to an unreportable deal and a settlement of a “gun-jumping”...
Continue Reading
Antitrust M&A Snapshot: October – December 2016 Update
By McDermott Will & Emery, Jon B. Dubrow and Joel R. Grosberg on Jan 30, 2017
Posted In DOJ Developments, EC Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise summaries of Federal Trade Commission (FTC), Department of Justice (DOJ) and European Commission (EC) news and events related...
Continue Reading
Notification Threshold Under the Hart-Scott-Rodino Act Increased to $80.8 Million
By Jon B. Dubrow on Jan 26, 2017
Posted In FTC Developments, Mergers & Acquisitions
Pursuant to the amendments passed by the US Congress in 2000, the FTC announced revised thresholds for HSR pre-merger notifications on January 19, 2017. These increased thresholds will become effective 30 days following publication in the Federal Register. These new thresholds apply to any transaction completed and any HSR pre-merger notifications filed on or after...
Continue Reading
Aerospace and Defense Series: Trump Administration—Potential for Increased Antitrust Leniency for Vertical Transactions in the Defense Industry
By McDermott Will & Emery and Jon B. Dubrow on Dec 1, 2016
Posted In DOJ Developments, Mergers & Acquisitions
President-elect Donald Trump has called for a dramatic increase in defense spending including purchases of new ships and warplanes as well as the addition of tens of thousands of new troops. This increase in spending generally bodes well for the aerospace and defense industry and potentially signals a new era of growth for companies in...
Continue Reading
Price Discrimination Markets Lead Antitrust Enforcers to Increased Success
By McDermott Will & Emery and Jon B. Dubrow on Aug 16, 2016
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
In the last two years, the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ) brought, and won, several litigated merger cases by establishing narrow markets comprised of a subset of customers for a product. This narrow market theory, known as price discrimination market definition, allowed the agencies to...
Continue Reading
