Media Mentions
2011
“Antitrust Issues May Rise Beyond Rockies”
Deal Pipeline, October 20, 2011
John Dubrow expressed his view that a proposed acquisition creating the largest pipeline operator in North America could require divestitures in Colorado and Wyoming to receive FTC approval. “It looks like [the acquirer] will have some problems there, but [it] should be something they can work through,” Mr. Dubrow said. He added that the multiple owners many pipeline networks have can make competitive analysis difficult.
Jon B. Dubrow, Antitrust & Competition
“Antitrust Issues May Rise Beyond Rockies”
TheDeal, October 20, 2011
Jon Dubrow commented on the likelihood that the Kinder Morgan/El Paso merger would be successful despite some small potential problems that could come up in the FTC review process. He points out that analyzing the state of pipeline competition can be complicated because many networks have multiple owners or owners have granted others rights to partial capacity.
Jon B. Dubrow, Antitrust & Competition
“Appeals Panel Seconds FTC Defeat on Infant Drug Deal”
The Deal Pipeline, August 22, 2011
Jon Dubrow said that “the main take-away” for antitrust regulators in the Eighth Circuit’s affirmation of a drug company’s purchase of its only competitor for an infant birth defect treatment is that “courts are likely to hold them to proving a relevant market.” Mr. Dubrow added that this is more problematic in healthcare mergers than for other business sectors, because although doctors define a relevant market by deciding which product to use, insurers and patients must pay for it, weakening the connection between demand and price.
Jon B. Dubrow, Antitrust & Competition
“HSR Changes Scrutinise Management Relationships, Synergy Analysis”
International Finance Law Review, August 3, 2011
Jon Dubrow stated that a Hart-Scott-Rodino Act change that requires acquiring companies to disclose in HSR filings the identity and holdings of their “associates” will create difficulty for investment funds. Mr. Dubrow noted that it will be hard for some hedge and private equity funds to compile this information because of their vast number of associates and passive minority investments.
Jon B. Dubrow, Antitrust & Competition
“Third Circuit Upholds Amgen Dismissal”
Global Competition Review, June 15, 2011
Raymond Jacobsen, Bobby Burchfield, Jon Dubrow and William Diaz were noted as counsel to Amgen, Inc. in securing the Third Circuit Court’s affirmation of a lower court ruling that dismissed a potential class action antitrust lawsuit brought by a hospital on behalf of a potential class of plaintiffs.
Bobby R. Burchfield, William Diaz, Jon B. Dubrow, Raymond A. Jacobsen Jr., Antitrust & Competition, Trial
“3rd Circ. Affirms Dismissal of Amgen Tying Suit”
Law360, June 14, 2011
Bobby Burchfield, Jon Dubrow, David Hanselman, Raymond Jacobsen, William Diaz and Lincoln Mayer are listed as McDermott co-counsel in defense of Amgen in a Third Circuit ruling that held a Pennsylvania hospital lacked standing to represent a class of drug purchasers in allegations of federal antitrust law violation against the company.
Bobby R. Burchfield, William Diaz, Jon B. Dubrow, David L. Hanselman Jr., Raymond A. Jacobsen Jr., Lincoln Mayer, Antitrust & Competition, Trial
“Doubling Down on Market Manipulation Enforcement”
Law360, April 28, 2011
Carrie Amezcua, Jon Dubrow, Blake Winburne and Gregory Heltzer described the growing trend of federal regulatory agencies sharing nonpublic information for law enforcement purposes. They noted the danger that “a party to a CFTC investigation may not be focused on the possible antitrust issues lurking in the documents submitted to that agency,” but those documents “could raise independent antitrust issues if reviewed by an antitrust regulator at the FTC.” The authors warned companies submitting confidential information to those two agencies that such material could be shared for “enforcing different sets of laws and regulations.”
Carrie G. Amezcua, Jon B. Dubrow, Gregory E. Heltzer, Blake H. Winburne, Antitrust & Competition, Energy Advisory
2010
“Changes Good and Bad Coming to HSR Compliance”
Compliance Week, November 2, 2010
Jon Dubrow addressed a proposed revision to FTC pre-merger notification rules, which would require identifying and collecting data from “associates” – entities that are under common management with, but not control of, the acquiring party. Mr. Dubrow urged acquiring companies to start early on the difficult process of defining who their associates are and what data they will need from them for merger approval. “This will be burdensome to those transactions that raise no legitimate competitive issues,” he said of such new required documentation.
Jon B. Dubrow, Mergers & Acquisitions
"Changes Good and Bad Coming to HSR Compliance"
Compliance Week, September 8, 2010
Jon Dubrow addressed the FTC's revised premerger Hart-Scott-Rodino reporting rules. One change will require an acquiring company to report its holdings between 5% and 50% of its associate entities with revenue that overlaps that of the acquired company. "This will be burdensome to those transactions that raise no legitimate competitive issues," he said. Mr. Dubrow advised acquirers to identify their associates as early as possible and determine how to secure the necessary information, but warned that such a process would be easier said than done because of the large volume of research and documents required. Mr. Dubrow added that the new rules could change depending on comments that the FTC receives and "how heated the comments are." To view the full article visit: www.complianceweek.com.
Jon B. Dubrow, Antitrust & Competition, M&A/JVs - Antitrust Aspects, Mergers & Acquisitions
2008
Jon Dubrow was quoted in the December 15 issue of the Legal Times in an article regarding Whole Foods' attack against the Federal Trade Commission (FTC) in a high-profile antitrust case. Whole Foods claims that it has spent more than $16 million in lawyer and expert fees to defend its merger with Wild Oats and accuses the FTC of bias and due process violations in the case. The company is seeking to challenge the FTC in the courts, the media and on Capitol Hill. "They really want to change the structure of how the FTC operates, and that seems like a long shot," although the case "raises interesting substantive and procedural issues that could impact the merger practice generally," said Mr. Dubrow.
Jon B. Dubrow, Antitrust & Competition
2003
Jon Dubrow was quoted in the May 26 issue of Mergers & Acquisitions Report regarding regulatory agencies taking a harder look at the anticompetitive effects of purchasing parts of companies.
Jon B. Dubrow, Antitrust & Competition, M&A/JVs - Antitrust Aspects
Jon Dubrow was quoted in the April 2003 issue of Corporate Legal Times in the article "Justice Department Raises Stakes in Gun-Jumping Game," about premerger collaboration between competing companies.
Jon B. Dubrow, Antitrust & Competition, M&A/JVs - Antitrust Aspects
