IN-PERSON / VIRTUAL
Webinar
July 26, 2023
July 26, 2023

The Federal Trade Commission and the US Department of Justice Antitrust Division have released their revised Merger Guidelines. Which industries will be most affected? What should companies be doing now to avoid regulatory delays or challenges? How will the new guidelines change current practice and how are the courts likely to treat the new guidelines? This webinar shed light on these questions and more.
McDermott antitrust partners, who have decades of experience defending mergers, were joined by Nicholas Hill, expert economist and partner at Bates White Economic Consulting, for an insightful discussion of the new guidelines and impending effects.
For additional insight on the new Merger Guidelines, read our On the Subject.
Jon Dubrow is the US head of McDermott’s Antitrust Group. For over three decades, Jon has served as a strategic advisor to clients across a host of interrelated antitrust issues, including mergers and acquisitions (M&A), counseling, and litigation. He leads the defense of mergers, acquisitions and joint ventures before the Department of Justice, the Federal Trade Commission and other international competition authorities. Jon also regularly assists customers, suppliers, and competitors whose interests are adversely affected by proposed transactions. Jon also is experienced in antitrust litigation. He provides counseling on distribution issues, contracting arrangements and a wide variety of other competition-related matters.
Jon obtains clearance in the initial review period even for transactions raising significant substantive issues, avoiding the time and cost of a second request. He takes a very proactive approach in managing the regulatory review process designed to minimize the potential need for an in depth government investigation. He has filed and managed the preparation of hundreds of Hart-Scott-Rodino (HSR) premerger notification forms and regularly provides HSR counseling. He has also managed multinational merger filings in numerous transactions. Jon frequently teams with regional corporate law firms (in Rochester, Pittsburgh, Cleveland, Louisville, New Orleans, and others), allowing them to offer sophisticated and seamless antitrust M&A services to their clients when they do not have internal capability, or they need to supplement their teams for more complex matters.
Jon counsels clients on a broad range of antitrust issues, including information exchanges, teaming agreements, joint venture ancillary restraints and distribution practices such as pricing restraints, bundled discounting, price discrimination, exclusive distribution, dealer termination and exclusive dealing.
Jon has defended a wide variety of antitrust claims in litigation, including Sherman Act monopolization and conspiracy claims involving alleged price fixing, market allocation, tying, "bundled discounts," "aftermarket" parts and services, theft of trade secrets, defamation, other business torts and other alleged anticompetitive conduct. He also defends governmental challenges to acquisitions under Section 7 of the Clayton Act.
Jon has handled antitrust issues in scores of different industries. He has a particularly strong background in several industry-based representations covering multiple matters, including aerospace and defense, pharmaceuticals / biologic products, medical devices, construction products, and consumer products such as beer, wine, beverage alcohol and cannabis.
Jon is known for his meticulous attention to detail and his ability to navigate complex regulatory landscapes effectively. As one client quoted in Chambers and Partners, "Jon is proactive and pays careful attention to every detail. He learns the business of his clients as if it were his own business and uses that information to provide clear strategy and advice." Another client highlighted his understanding of their industries, stating, "Jon understands the client's businesses and the industry in which the client engages. He has a deep understanding of the positions being taken by all of the relevant government agencies."
Joel 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.
Joel is consistently recognized in Chambers USA and was ranked as a leading antitrust lawyer in The Legal 500 United States and SuperLawyers. Chambers USA reports that Joel has “notable agency experience at the FTC,” and is “very knowledgeable…on merger related work.”
Earlier in his career, Joel was an attorney with the FTC’s Bureau of Competition (Mergers II), where he handled a full range of antitrust matters involving the chemical, computer hardware semiconductor, automotive parts, plastics, toy and paper industries.
Greg Heltzer, recognized by The Legal 500, named a Super Lawyers Rising Star, and rated a Thomson Reuters Stand-Out Lawyer, has extensive experience counseling clients on antitrust matters, with particular focus on transactional antitrust matters and mergers and acquisitions. Greg has successfully defended mergers for ABC Supply, Baxter, Constellation Brands, DaVita, JAB Partners, Mars, Martin Marietta Materials, Motorola Solutions, Olam, TreeHouse Foods, Worthington Industries, and many private equity firms among others.
His advice enables C-suite executives to assess the antitrust viability of potential transactions early, ensuring resources are not wasted on deals unlikely to gain clearance. When transactions move forward, he works closely with clients to streamline the regulatory review process, minimizing the burden of Second Requests and reducing potential delays.
Beyond merger clearance, Greg provides comprehensive antitrust guidance on issues such as information exchange, compliance programs, integration planning, Noerr-Pennington immunity, and interlocking directorates. He also has significant experience handling complex litigation and government investigations. In 2021, Greg was appointed by the Federal Trade Commission as an independent monitor to oversee the Decision and Order in the Matter of Corpus Christi Polymers LLC, et al.
Greg speaks and writes often on antitrust issues and has been nominated for several Antitrust Writing Awards by Concurrences, and won JD Supra's Top Author “Reader’s Choice” and Top Antitrust Blog for “Antitrust Alert,” which he founded and continues to manage.
Greg has broad industry knowledge developed through his representation of clients in numerous industries, including the following:
- Aerospace/Defense products (e.g., missiles, propulsion, simulation and training; aircraft)
- Agriculture, dairy, ingredients and food service equipment
- Alcohol (beer, wine and spirits)
- Aluminum and steel products
- Chemicals (industrial)
- Construction products and building supply (e.g., roofing, wallboard, insulation, lighting, aggregates, asphalt, cement)
- Consumer electronics
- Consumer products (branded and private label), including bars, meat products, dairy, ice cream, pudding, packaged food, pet food and treats, fragrances and cosmetics
- Distribution (e.g., MRO, building supply, food service)
- Energy (generation, transmission)
- Gift cards
- Health care services (dialysis, LASIK, eyeglass lenses), pharmaceuticals (animal and human), biometric solutions, laboratory and medical devices
- Medical technology (atrial fibrillation tools, spinal instruments)
- Packaging (e.g., flexible, paperboard)
- Physician practice groups
- Retail/chains (e.g., quick service restaurants, gas stations)
- Software (enterprise, institutional, communication/911) and other office products
Prior to joining the Firm, Greg served as a judicial law clerk for the Honorable John A. Terry of the DC Court of Appeals.
Lisa P. Rumin focuses her practice on antitrust, regulatory and litigation matters. She assists clients across a variety of industries and has represented numerous clients in the healthcare, pharmaceutical, and biotechnology industries. Lisa advises clients on mergers and acquisitions, including obtaining clearance from the Federal Trade Commission (FTC) and Department of Justice (DOJ), as well as counsels clients on issues regarding antitrust compliance, pricing, and distribution. She also counsels clients on cartel prosecutions and defenses, including government investigations and the initiation and defense of civil class action litigation. Lisa is experienced in areas of e-discovery, document review and production for investigations before the FTC, DOJ and state attorneys general office.
In addition to her antitrust and competition work, Lisa maintains an active pro bono practice. She has represented clients in asylum, sexual harassment and employment discrimination matters, as well as assisted Lawyers Without Borders on projects aimed at strengthening legal training and enforcement in various countries.
While in law school, Lisa was the notes and comments editor for the Wake Forest Law Review. She served as a judicial intern to the Honorable Calvin E. Murphy in the North Carolina Business Court.
Ryan Tisch is the global head of McDermott’s Antitrust Group. He provides strategic antitrust counsel for boards of directors, chief executive officers, and key business stakeholders as they maneuver government regulations around the world.
Ryan is known for securing approvals for significant mergers facing review in multiple jurisdictions, including some of the largest mergers in the communications, manufacturing, technology, and food and beverage industries. As the digital economy exposes traditional businesses to new competition, clients also turn to Ryan to advise on their evolving business platforms and go-to-market strategies.
Throughout his global practice, Ryan handles matters extensively before the United States Department of Justice and the Federal Trade Commission and manages substantive merger review matters before the United Kingdom’s Competition and Markets Authority, the Competition Tribunal of South Africa, the Australian Competition and Consumer Commission, and China’s State Administration for Market Regulation, among other international authorities. Ryan has a proven track record of leading merger matters from the auction process to a successful resolution, including through trial.
In addition to his deal work, Ryan helps clients mitigate risk on a day-to-day basis. He advises on complex operational issues such as joint venture agreements, trade association activities, standard setting and data exchange. Ryan has particular experience navigating clients’ vertical relationships and distribution systems, and managing antitrust issues associated with resale price maintenance, price discrimination and loyalty incentives.
Stephen Wu is a nationally recognized antitrust lawyer with more than twenty-five years’ experience defending clients against antitrust litigation and government investigations into mergers and acquisitions and business practices. Stephen is also a trusted strategic advisor who counsels clients on antitrust compliance issues.
Stephen has successfully defended clients in class actions and other complex litigation brought by purchasers, competitors, and employees alleging unlawful price-fixing, wage-fixing, exclusive dealing, group boycott, market allocation, tying, and monopolization claims in federal courts around the country. In addition, Stephen has successfully defended numerous mergers and acquisitions and clients’ business practices from Federal Trade Commission (FTC), Department of Justice, and State Attorneys General investigations. He also regularly advises clients on pricing, distribution, and joint venture matters.
Stephen represents clients in a wide variety of industries, ranging from consumer goods to healthcare to packaging. He is co-head of the Firm’s Health Antitrust Practice Group.
Stephen has been recognized as a leading antitrust lawyer by The Best Lawyers in America, BTI Consulting, Chambers USA, Global Competition Review, Lawyers of Color, The Legal 500 USA, LMG Life Sciences, The National Law Journal, Super Lawyers, and Thomson Reuters Stand-Out Lawyers.
Prior to joining the Firm, Stephen was an attorney for the FTC, where he received its Award for Meritorious Service. At the Firm, Stephen received McDermott’s Pro Bono and Community Service Award for his pro bono efforts.
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