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.
McDermott’s Antitrust M&A Snapshot Published on July 17, 2016
By McDermott Will & Emery, Jon B. Dubrow and Joel R. Grosberg on Jul 27, 2016
Posted In Consumer Protection/Privacy, DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance
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 to M&A,...
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Lessons Learned – The State of Affairs in US Merger Review
By Raymond A. Jacobsen, Jr., Joel R. Grosberg, Jon B. Dubrow, Bilal Sayyed and McDermott Will & Emery on May 18, 2016
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
In the last year, the US antitrust regulators successfully challenged multiple transactions in court and forced companies to abandon several other transactions as a result of threatened enforcement actions. Looking back at the different cases, there are some trends that we see developing in the government’s positioning on mergers, and these should be kept in...
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Notification Threshold Under the Hart-Scott-Rodino Act Increased to $78.2 Million
By Jon B. Dubrow on Jan 21, 2016
Posted In Mergers & Acquisitions
The Federal Trade Commission (FTC) recently announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) and 2016 thresholds for determining whether parties trigger the prohibition against interlocking directors under Section 8 of the Clayton Act. Read the full article.
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FTC Settles Allegations of HSR Act Violation by Activist Investment Fund
By Jon B. Dubrow on Oct 28, 2015
Posted In FTC Developments, Mergers & Acquisitions
The Federal Trade Commission (FTC) announced a settlement on August 24, 2015, with Third Point Funds for failing to file a notification under the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) in connection with the acquisition of shares in Yahoo! Inc. (Yahoo) in 2011. Third Point Funds initially did not file and observe the HSR waiting...
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Increasing Antitrust Risk in Non-Reportable Transactions – DOJ Obtains Disgorgement of Profits in Tour Bus Settlement
By Jon B. Dubrow on Mar 11, 2015
Posted In DOJ Developments, Joint Ventures/Competitor Collaboration
The U.S. Department of Justice (DOJ) recently reached a settlement with Coach USA Inc. and City Sights LLC, breaking up their joint venture. The DOJ also employed the rarely used remedy of disgorgement to recover $7.5 million in profits from the defendants. This case demonstrates the aggressive posture the antitrust agencies are taking to challenge...
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Out-of-Market Divestiture Required to Resolve Competitive Concerns
By Jon B. Dubrow on Feb 9, 2015
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
On January 30, 2015, the Federal Trade Commission (FTC) announced a settlement of its investigation into Sun Pharmaceutical Industries Ltd.’s (Sun) acquisition of Ranbaxy Laboratories Ltd. (Ranbaxy) from Daiichi Sankyo Co., Ltd. Sun and Ranbaxy are both multinational pharmaceutical companies that produce a range of generic and branded drugs. In its complaint, the FTC alleges...
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Notification Threshold Under the Hart-Scott-Rodino Act Increased to $76.3 Million
By McDermott Will & Emery and Jon B. Dubrow on Jan 21, 2015
Posted In Mergers & Acquisitions
The U.S. Federal Trade Commission (FTC) recently announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) and 2015 thresholds for determining whether parties trigger the prohibition against interlocking directors under Section 8 of the Clayton Act. Notification Threshold Adjustments Pursuant to the amendments passed by the U.S. Congress in 2000, the FTC...
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Aerospace & Defense Series: Leading Antitrust Considerations for M&A Transactions
By Jon B. Dubrow on Dec 18, 2014
Posted In DOJ Developments, FTC Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
Aerospace and defense contractors engage in a wide range of mergers, acquisitions and joint venture transactions, which are often subject to heightened antitrust scrutiny. This article highlights some of the leading antitrust factors that contractors should consider when contemplating M&A transactions in their unique industry. Read the full article.
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Aerospace & Defense Series: DOD Study Touts Competition Benefits in Military Purchases—Creates Implications for Future Antitrust Reviews
By Jon B. Dubrow on Jul 18, 2014
Posted In Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
It is a general tenet that competition serves customers well, enabling them to acquire better products at lower prices. Of course, this premise underlies the antitrust laws. In the aerospace and defense industry, the customers are often government agencies that are monopsonists with significant purchasing leverage. Government customers often have contracting mechanisms that are not...
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FTC and DOJ Host Conditional Pricing Programs Workshop
By Jon B. Dubrow on Jun 25, 2014
Posted In DOJ Developments, FTC Developments
The Federal Trade Commission (FTC) and United States Department of Justice (DOJ) hosted a workshop on June 23, 2014 discussing the law and economics of “conditional pricing” programs. Most panelists were academics, including economists and law school professors. The bulk of the presenters advocated a more aggressive posture towards these arrangements than the courts have...
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