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 | 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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Antitrust M&A Snapshot | Q4 2021


By , , , and on Feb 1, 2022
Posted In DOJ Developments, EC Developments, EU Developments, French Developments, FTC Developments, Mergers & Acquisitions

In the United States, antitrust agencies have now filled senior leadership positions, although the Federal Trade Commission (FTC) awaits the appointment of a fifth commissioner. Challenges to mergers continue apace at both the FTC and the Department of Justice (DOJ). The agencies challenged two mergers in the fourth quarter and a third transaction was abandoned....

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Antitrust M&A Snapshot | Q3 2021


By , , , and on Nov 1, 2021
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions

In the United States, the US Department of Justice’s (DOJ) challenge of American Airlines and JetBlue’s “Northeast Alliance” after the joint venture’s approval by the US Department of Transportation earlier this year demonstrates the Biden administration’s commitment to aggressive antitrust enforcement. US President Joe Biden issued an Executive Order calling for tougher antitrust enforcement, including...

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Antitrust M&A Snapshot | Q2 2021


By , , , and on Aug 6, 2021
Posted In Agriculture, DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions

In the United States, aggressive antitrust enforcement is likely to continue with the appointment of Lina Khan as Federal Trade Commission (FTC) Chair and the nomination of Jonathan Kanter to lead the Department of Justice’s (DOJ) Antitrust Division. The premerger notification landscape continues to shift as filings reach another record high. Technology companies remain in...

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Federal Trade Commission Zeroes in on Problematic Non-Competes


By and on Oct 5, 2020
Posted In FTC Developments, Mergers & Acquisitions

Non-compete provisions help protect a buyer’s significant investment in an acquired business. Although non-compete clauses often play a vital role in M&A deals, they are not immune from antitrust scrutiny. Since September 2019, the FTC has challenged noncompete provisions in at least three transactions. These demonstrate that the Commission and other antitrust enforcers are closely...

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