Joel R. Grosberg

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Joel R. Grosberg defends clients on mergers, acquisitions and joint ventures before the Federal Trade Commission (FTC), Department of Justice, state antitrust authorities, foreign competition authorities, as well as on antitrust litigation. 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 | 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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Why Courts Are Rejecting Agencies’ Merger Challenges


By , and on Oct 24, 2022
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

The US Department of Justice’s and the Federal Trade Commission’s losses in three merger challenges in September and a fourth in October demonstrate that merging parties can close difficult transactions if willing to fight the agencies in court. In this Law360 article, McDermott’s Jon B. Dubrow, Joel R. Grosberg and Matt Evola discuss these four cases...

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Antitrust M&A Snapshot | Q2 2022


By , , , , and on Sep 26, 2022
Posted In Consumer Protection/Privacy, DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance

In the United States, parties continue to be cautious in litigating challenged transactions. Since January 2021, the US Federal Trade Commission (FTC) and Department of Justice (DOJ) filed lawsuits (or threatened to sue) to block 16 transactions. Of those transactions, 12 were abandoned and six are in various stages of litigation. The data suggest that...

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Antitrust M&A Snapshot | Q1 2022


By , , , and on May 6, 2022
Posted In DOJ Developments, EC Developments, EU Developments, French Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

In the United States, antitrust agencies continue with their aggressive merger enforcement posture. The agencies challenged four transactions this quarter, including multiple vertical mergers. The agencies are increasingly skeptical of merger remedies, including behavioral remedies and divestitures. The Federal Trade Commission (FTC) and the Department of Justice (DOJ) are working together to update the current...

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