Joel R. Grosberg 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.

FTC Continues To Zero In On Problematic M&A Noncompetes


By and on May 28, 2020
Posted In FTC Developments, Mergers & Acquisitions

Since September 2019, the Federal Trade Commission has challenged noncompete provisions in at least three transactions. These challenges demonstrate that the FTC will challenge noncompete provisions even when it concludes that the underlying transaction raises no substantive antitrust issues and when the provision relates to minority investments. Noncompete provisions help protect a buyer’s significant investment...

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HSR Update – Early Termination Is Again An Option


By , and on Mar 27, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

In a prior note we provided guidance on COVID-19’s Impact on HSR Filing Timelines.  The Agencies had indicated that early termination would not be granted while FTC operated on a temporary e-filing system. Today, the Agencies have updated that guidance and as of March 30 will again grant early termination when both the FTC and...

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COVID-19’s Impact on HSR Filing Timelines (UPDATED)


By , and on Mar 20, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions

With COVID-19-related closures rolling in daily, you may have questions about the operating status of the federal government’s antitrust enforcement agencies. Currently, the HSR review process does not seem to be significantly impacted,  although the agencies will not grant a request for early termination during this period (as noted in our recent update, the FTC...

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FTC Challenges Axon’s Consummated Acquisition of Body-Worn Camera Competitor


By , and 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 , , and 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 , , and 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 and 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 , , , and 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 , , , , and 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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Antitrust M&A Snapshot


By , , and on Nov 7, 2018
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance

United States: July – September 2018 Update Both US antitrust agencies marked the third quarter of 2018 with significant policy announcements regarding the merger review process. The announced reforms seek to expedite the review process through cooperation between the agencies and the merging parties. Moving first, the Federal Trade Commission (FTC) revealed a Model Timing...

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