Joel R. Grosberg
Subscribe to Joel R. Grosberg's PostsJoel 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 | Q2 2022
By Claire Danberg, Karolien Van der Putten, Jon B. Dubrow, Joel R. Grosberg, Lisa P. Rumin and Hendrik Viaene 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 Anthony S. Ferrara, Hannelore Wiame, Jon B. Dubrow, Joel R. Grosberg and Lisa P. Rumin 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 Matt Evola, Mary Hecht, Jon B. Dubrow, Joel R. Grosberg and Lisa P. Rumin 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 Noah Feldman Greene, Max Küttner, Jon B. Dubrow, Joel R. Grosberg and Lisa P. Rumin 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 Graham Hyman, Karolien Van der Putten, Jon B. Dubrow, Joel R. Grosberg and Lisa P. Rumin 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 Joel R. Grosberg and Lisa P. Rumin 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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FTC Continues To Zero In On Problematic M&A Noncompetes
By Joel R. Grosberg and Lisa P. Rumin 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 Gregory E. Heltzer, Jon B. Dubrow and Joel R. Grosberg 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 Gregory E. Heltzer, Jon B. Dubrow and Joel R. Grosberg 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 Anthony S. Ferrara, Jon B. Dubrow and Joel R. Grosberg 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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