Joel R. Grosberg

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Joel R. Grosberg is co-head of McDermott’s Antitrust Mergers Focus Group and assists clients on civil and criminal antitrust matters, including obtaining merger clearances, counseling and litigation. He has represented clients in obtaining antitrust approvals in numerous challenging transactions, and in other government antitrust investigations before the Department of Justice, the Federal Trade Commission (“FTC”) and foreign competition authorities. Joel has significant experience in the high tech, chemical, health care and life sciences industries, including counseling on matters related to pricing and distribution practices and other competition-related issues. Read Joel Grosberg's full bio.

Antitrust M&A Snapshot | Q1 2024


By , , , , , and on May 2, 2024
Posted In Cartel Enforcement, DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

Topics covered in this edition: The Federal Trade Commission (FTC) and US Department of Justice have begun implementing the 2023 Merger Guidelines in their enforcement actions During a virtual workshop, the FTC highlighted its focus on private equity (PE) acquisitions of healthcare service providers and expressed concerns about PE in healthcare Artificial intelligence’s antitrust implications...

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Antitrust M&A Snapshot | Q4 2023


By , , , , , and on Feb 14, 2024
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

Topics covered in this edition: New Merger Guidelines Released FTC Focused on Pharmaceutical Companies FTC Targets “Moat-Building” Mergers Fifth Circuit Fuels FTC’s Vertical Mergers Agenda FTC Losing Streak Reverses During the Fourth Quarter Ex post Review in the Merger Control Sphere Occurring More and More Frequently Access the full issue.

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New FTC, DOJ Merger Guidelines Create Challenges and Opportunities


By , , and on Dec 21, 2023
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

The US Federal Trade Commission (FTC) and US Department of Justice Antitrust Division (DOJ) issued their updated Merger Guidelines on December 18, 2023. These guidelines represent a significantly more enforcement-oriented approach than the prior guidelines, and they largely follow the contours of draft guidelines released in July 2023. Companies should be aware of the Merger Guidelines...

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Antitrust M&A Snapshot | Q2 2023


By , , , , , and on Jul 31, 2023
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

Topics covered in this edition: FTC Unveils Proposal Detailing Significant Changes to Hart-Scott-Rodino Act Merger Notifications Assa Abloy Settlement Raises Questions on Litigating the Fix and DOJ Consent Decrees Pharmaceutical Industry Remains in Regulators’ Crosshairs “Whole of Government” Competition Mandate Can Impact Deals the FTC and DOJ Do Not Challenge FTC’s Constitutionality Comes Under Fire—Again...

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Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement


By , , , , , , , and on Jul 25, 2023
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

Mergers and acquisitions will continue to face strong headwinds at the Federal Trade Commission and the US Department of Justice under new proposed Merger Guidelines released on July 19, 2023. The Proposed Guidelines embody the antitrust agencies’ aggressive posture toward merger enforcement under the Biden administration. This On the Subject highlights the most significant changes...

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FTC Releases Proposed Changes to Premerger Notification Form and Process


By , , , and on Jun 30, 2023
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

The Federal Trade Commission (FTC) has proposed, for comment, significant changes to the information and documents to be submitted with premerger filings—even in transactions that do not raise significant antitrust issues. The changes proposed may not take effect and may be different when finalized. But if promulgated as proposed, every Hart-Scott-Rodino (HSR) filing will be more difficult...

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Antitrust M&A Snapshot | Q1 2023


By , , , , and on Apr 20, 2023
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

Topics covered in this edition: Christine Wilson Resigns as FTC Commissioner FTC/Department of Justice Horizontal Merger Guidelines Delayed Agencies Maintain Focus on Private Equity, Especially in Healthcare Continuing a Trend: FTC Loses Challenge to Meta’s Acquisition of Within Agencies Continue to Challenge Transactions Outright Rather than Negotiate Settlements New Regulatory Burden: The EU Foreign Subsidies...

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Antitrust M&A Snapshot | Q4 2022


By , , and on Jan 19, 2023
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions

Topics covered in this edition: • DOJ Sees First Merger Win After String of Losses • FTC Brings Suit Against Microsoft/Activision • Updated Merger Guidelines Expected Soon • Merger Fees Changing • The EC Launches a Consultation on Its Draft Revised Market Definition Notice • UK Orders a Chinese Firm to Divest Its 83% Controlling...

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DOJ Publishing Win May Mean More Labor, Salary Challenges


By and on Nov 30, 2022
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

US District Judge Florence Pan’s decision to block Penguin Random House LLC’s planned $2.2 billion acquisition of Simon & Schuster represented the US Department of Justice (DOJ) Antitrust Division’s first major merger win following a string of losses this fall. Judge Pan’s decision is significant because she accepted the DOJ’s theory that the merger would...

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Antitrust M&A Snapshot | Q3 2022


By , , , and on Nov 18, 2022
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

In the United States, the US Department of Justice (DOJ) and the Federal Trade Commission (FTC) lost four merger challenges (Illumina/GRAIL, UnitedHealth/Change Healthcare, U.S. Sugar/Imperial Sugar and Booz Allen/EverWatch) in September. The losses demonstrate that parties willing to litigate can have success in court. The absence of “smoking gun” documents and lack of a presumption...

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