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.
FTC and DOJ Draft Vertical Merger Guidelines Provide Additional Transparency to Agency Practice
By Gregory E. Heltzer, Jon B. Dubrow, Joel R. Grosberg and Matt Evola 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 Jon B. Dubrow, Joel R. Grosberg, Matt Evola and Will Diaz 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 Jon B. Dubrow and Joel R. Grosberg 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 McDermott Will & Emery, Anthony S. Ferrara, Jon B. Dubrow and Joel R. Grosberg 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 Noah Feldman Greene, McDermott Will & Emery, Carina Kant, Jon B. Dubrow and Joel R. Grosberg 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 McDermott Will & Emery, Jon B. Dubrow and Joel R. Grosberg 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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DOJ Announces Procedural Reforms Seeking to Resolve Merger Investigations within 6 Months of Filing
By McDermott Will & Emery, Jon B. Dubrow and Joel R. Grosberg on Sep 25, 2018
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
Today, Assistant Attorney General Makan Delrahim announced a series of reforms with the express goal to resolve most merger investigations within six months of filing. The reforms seek to place the burden of faster reviews not only on the Antitrust Division of the Department of Justice (DOJ), but also on the merging parties. The DOJ will...
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Antitrust M&A Snapshot
By McDermott Will & Emery, Jon B. Dubrow and Joel R. Grosberg on Aug 6, 2018
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance
United States: April – June 2018 Update The second quarter of 2018 ushered in a trial defeat for the US Department of Justice (DOJ) and the beginning of a new era at the Federal Trade Commission (FTC). In June, Judge Richard J. Leon of the US District Court for the District of Columbia denied the...
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Three Lessons from AT&T/Time Warner and Three Strategies for Future Vertical Transactions
By McDermott Will & Emery, Jon B. Dubrow and Joel R. Grosberg on Jun 19, 2018
Posted In DOJ Developments, Mergers & Acquisitions
The challenges that the government faces in litigating vertical mergers was illustrated in the DOJ’s recent loss in its challenge of AT&T’s proposed acquisition of Time Warner. The result provides guidance for how companies can improve their odds of obtaining antitrust approval for similar transactions. Access the full article.
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Antitrust M&A Snapshot
By McDermott Will & Emery, Jon B. Dubrow and Joel R. Grosberg on May 7, 2018
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions
United States: January – March 2018 Update One year into the Trump administration, the US antitrust agencies are finally starting to implement their enforcement policies. Most notably, trial began in the US Department of Justice’s (DOJ) challenge of the AT&T/Time Warner merger, which is the Antitrust Division’s first significant vertical challenge in several decades. Judge...
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