Jon Dubrow

Jon Dubrow

McDermott Will & Emery

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Lessons Learned – The State of Affairs in US Merger Review

In Depth - In the last year, the US antitrust regulators successfully challenged multiple transactions in court and forced companies to abandon several other transactions as a result of threatened enforcement actions....more

5/19/2016 - Antitrust Investigations Competition Corporate Counsel DOJ FTC Injunctions Mergers Restraining Orders Young Lawyers

Aerospace & Defense Series: Implications of the FTC / DOJ Statement on Preserving Competition in the Defense Industry

In Depth - On April 12, 2016, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) issued a joint statement to explain their “standard of review under the antitrust statutes of proposed transactions...more

4/18/2016 - Aerospace Defense Sector Department of Defense (DOD) DOJ FTC

Notification Threshold Under the Hart-Scott-Rodino Act Increased to $78.2 Million

Notification Threshold Adjustments - Pursuant to the amendments passed by Congress in 2000, the FTC announced revised thresholds for HSR pre-merger notifications on January 21, 2016. These increased thresholds will...more

1/23/2016 - FTC Hart-Scott-Rodino Act Mergers The Clayton Act Threshold Requirements

FTC Settles Allegations of HSR Act Violation by Activist Investment Fund

The Federal Trade Commission (FTC) announced a settlement on August 24, 2015, with Third Point Funds for failing to file a notification under the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) in connection with the...more

9/2/2015 - FTC Hart-Scott-Rodino Act Investment-Only Exemption Reporting Requirements Third Point Voting Securities Yahoo!

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 FTC Generic Drugs Multinationals Pharmaceutical Industry RanBaxy

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 Threshold 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 Department of Defense (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 Department of Defense (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 Threshold Requirements

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