Jon Dubrow

Jon Dubrow

McDermott Will & Emery

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FTC Consent Agreement with Par Petroleum Demonstrates Increased Agency Focus on Competitive Effects

On March 18, 2015, the Federal Trade Commission (FTC) ordered Par Petroleum Corporation to terminate its storage and throughput rights at a key gasoline terminal in Hawaii. This action will settle FTC charges seeking to...more

3/31/2015 - Antitrust Provisions Consent Agreements FTC Oil & Gas Refineries

Increasing Antitrust Risk in Non-Reportable Transactions – DOJ Obtains Disgorgement of Profits in Tour Bus Settlement

The U.S. Department of Justice (DOJ) recently reached a settlement with Coach USA Inc. and City Sights LLC, breaking up their joint venture. The DOJ also employed the rarely used remedy of disgorgement to recover $7.5...more

3/26/2015 - Disgorgement DOJ Hart-Scott-Rodino Act Joint Venture Surface Transportation Trucking Industry

Out-of-Market Divestiture Required to Resolve Competitive Concerns

On January 30, 2015, the Federal Trade Commission (FTC) announced a settlement of its investigation into Sun Pharmaceutical Industries Ltd.’s (Sun) acquisition of Ranbaxy Laboratories Ltd. (Ranbaxy) from Daiichi Sankyo Co.,...more

2/10/2015 - Acquisitions Drug Manufacturers FTC Generic Drugs Multinationals Pharmaceutical Pharmaceutical Manufacturers RanBaxy Sun Pharmaceuticals

Notification Threshold Under the Hart-Scott-Rodino Act Increased to $76.3 Million

The U.S. Federal Trade Commission (FTC) recently announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) and 2015 thresholds for determining whether parties trigger the prohibition...more

1/22/2015 - Filing Fees FTC Hart-Scott-Rodino Act Jurisdiction The Clayton Act Threshhold Requirements

Aerospace & Defense Series: Leading Antitrust Considerations for M&A Transactions

Aerospace and defense contractors engage in a wide range of mergers, acquisitions and joint venture transactions. Like all companies, aerospace and defense contractors need to be sensitive to antitrust considerations that...more

12/18/2014 - Aerospace Antitrust Provisions Defense Sector DOJ Federal Contractors Federal Procurement Systems FTC Risk Management

“Gun-Jumping” Companies Must Pay $3.8 Million in Fines and Disgorge $1.15 Million in Illegally Obtained Profits

Recently the Antitrust Division of the U.S. Department of Justice (DOJ) reached a $5 million settlement with Flakeboard America Limited, its parents and SierraPine to settle allegations that the parties engaged in...more

11/14/2014 - Antitrust Provisions Disgorgement DOJ Enforcement Actions Hart-Scott-Rodino Act Manufacturers Sherman Act Waiting Periods

Aerospace & Defense Series: DOD Study Touts Competition Benefits in Military Purchases—Creates Implications for Future Antitrust...

It is a general tenet that competition serves customers well, enabling them to acquire better products at lower prices. Of course, this premise underlies the antitrust laws. In the aerospace and defense industry, the...more

7/18/2014 - Aerospace Antitrust Investigations Antitrust Provisions Defense Contracts DOD

FTC and DOJ Host Conditional Pricing Programs Workshop

The Federal Trade Commission (FTC) and United States Department of Justice (DOJ) hosted a workshop on June 23, 2014 discussing the law and economics of “conditional pricing” programs. Most panelists were academics, including...more

6/26/2014 - Conditional Pricing DOJ FTC

Aerospace and Defense Series: Leading Antitrust Considerations for Teaming Agreements

This newsletter identifies when “teaming agreements” between contractors will raise antitrust issues, and suggests some practice tips for evaluating or defending those arrangements....more

4/24/2014 - Aerospace Antitrust Provisions DOD DOJ

Notification Threshold Under the Hart-Scott-Rodino Act Increased to $75.9 Million January 23, 2014

The Federal Trade Commission recently announced higher reporting thresholds for pre-merger notifications filed on or after February 24, 2014....more

1/23/2014 - FTC Hart-Scott-Rodino Act Notifications Pre-Merger Filing Requirements

Notification Threshold Under the Hart-Scott-Rodino Act Increased to $70.9 million

The Federal Trade Commission recently announced higher reporting thresholds for pre-merger notifications filed on or after February 11, 2013. The U.S. Federal Trade Commission (FTC) recently announced revised thresholds for...more

1/14/2013 - FTC Hart-Scott-Rodino Act Interlocking Directorate Notice Requirements The Clayton Act Threshhold Requirements

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