Jon B. Dubrow is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm's Washington, D.C. office. He focuses his practice on defending mergers, acquisitions and joint ventures before the Department of Justice, the Federal Trade Commission and foreign competition authorities, as well as antitrust and commercial litigation. Jon also provides counseling on distribution issues and a wide variety of other competition-related matters.
Jon is listed in Who’s Who in American Law.
Transactions/Counseling
Jon has provided antitrust counseling on several hundred transactions. Jon has filed and/or managed the preparation of hundreds of HSR premerger notification forms and provided HSR counseling on many additional matters. Jon has also managed multinational merger filings in numerous transactions. He has appeared before the FTC/DOJ in dozens of substantive merger investigations, including numerous “second requests.” Jon regularly represents the interests of third-parties who are threatened with harm by mergers or acquisitions involving their competitors or suppliers. Jon regularly counsels clients on a broad range of antitrust issues including information exchanges, joint venture ancillary restraints and distribution issues (pricing restraints, price discrimination, exclusive distribution issues, dealer termination, exclusive dealing and others). He also has successfully defended clients in a criminal antitrust grand jury bid rigging investigation and a civil group boycott investigation.
Litigation
Jon has handled a wide variety of antitrust claims in litigation. These litigations have involved industries including hospitals, construction equipment, defense equipment, space launch vehicles, medical devices, biotech/pharmaceuticals and aircraft. These cases have involved Sherman Act monopolization and conspiracy claims involving a variety of conduct including alleged price fixing, market allocation, tying, "bundled discounts," "aftermarket" parts and services, and a variety of other alleged anticompetitive conduct. Jon has also defended governmental challenges to mergers or acquisitions under Section 7 of the Clayton Act.
Jon has represented clients in transactions, investigations or cases in industries that include, among others: ammunition; artificial sweeteners; beverage alcohol (manufacture; distribution); candy; computer products (hardware and software); construction equipment; construction materials (aggregates; cement); consumer products packaging (tubes; tins; packets); dairy products; defense products (electronics; radar; sonar; missiles; satellites; aircraft; others); distribution (beverage alcohol; paper products; chemicals; others); engineering/technical services; environmental remediation services; explosives; explosives detection equipment; food products and ingredients; gypsum wallboard; hospitals; ice cream; industrial chemicals; industrial refrigeration; information technology outsourcing; mail handling equipment; medical devices (spinal; diabetes; obesity; others); natural resources/minerals; oil & gas pipelines; paper products; pet food; pharmaceuticals and biotech; restaurants; satellite services; software; space systems (satellite manufacturing; launch vehicles; ground systems; payloads); steel products; telecommunications products and services.
Representative Experience
Transactions
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Merger of Blackboard, Inc., and WebCT, Inc., two leading suppliers of course management software
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Merger of two of the largest U.S. defense companies, creating the largest U.S. defense contractor
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Acquisition of a leading satellite telecommunications company
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Combination of two of the leading U.S. launch vehicle suppliers
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Acquisition creating the world’s largest beverage alcohol supplier
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Combination of two leading speech recognition software firms
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Joint venture among Lockheed Martin and Boeing to combine their Atlas and Delta launch vehicle businesses, which were the only two systems supplying medium, intermediate and heavy class launches to the U.S. government
Litigations
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Successfully defended Sherman Act Section 1 claims, and successful prosecution of trademark counterclaims arising from a dealer termination (Sea Roy v. Multiquip)
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Obtained dismissal of antitrust counterclaims to a patent infringement lawsuit (Medtronic Minimed v. Smiths Medical)
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Successfully opposed motion to dismiss and summary judgment in monopolization case (Lockheed Martin v. Boeing)
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Defending Lockheed Martin against monopolization and tortious interference claims involving aftermarket service on P-3 aircraft
(Ongoing L-3 Communications Integrated Systems v. Lockheed Martin.) -
Obtained dismissal of class action on behalf of taxpayers alleging that limitation of free tax preparation services to high income taxpayers constituted an antitrust conspiracy, including successful defense on appeal to the U.S. Court of Appeals for the Third Circuit
(Byers v. Intuit, et. al.) -
Achieved a win for NutraSweet through the denial of class certification and grant of summary judgment dismissing the direct purchaser class action complaint
(In re Aspartame Antitrust Litig.) -
Defended Amgen in obtaining dismissal of monopolization counterclaims brought by Roche challenging Amgen pricing, discounting and contracting arrangements
(Roche v. Amgen) -
Defended Amgen in monopolization case, defeating preliminary injunction seeking to enjoin bundled discount arrangement on pharmaceuticals
(Ortho Biotech v. Amgen) -
Represented major medical device company in obtaining dismissal of antitrust claims in non-public arbitration
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Defended Lockheed Martin against DOJ challenge to proposed acquisition of Northrop Grumman
(US v. Lockheed Martin) -
Assisted in defense of FTC challenge to acquisition of hospitals in Florida
(FTC v. Columbia Hospital Corporation)
Education
- University of Pennsylvania Law School, J.D. (cum laude, Order of the Coif), 1992
- University of Virginia, B.A., 1988
