McDermott Will & Emery (Washington)

Joel R. Grosberg

McDermott Will & Emery (Washington)

Joel R. Grosberg 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 Federal Trade Commission, Department of Justice, state antitrust authorities, foreign competition authorities, as well as antitrust litigation. Joel has significant experience in the high tech, chemical, health care and life sciences industries. His experience includes counseling on matters related to pricing and distribution practices and other competition related matters. Joel was ranked as a leading antitrust lawyer in The Legal 500 United States. Prior to joining McDermott Will & Emery, Joel was an attorney with the Federal Trade Commission, where he handled a full range of antitrust matters involving the computer hardware and software, semiconductor, chemical, automotive parts, plastics, toy and paper industries. Joel is admitted to practice in the state of New York and the District of Columbia.


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3403 Bulletin

Nicole L. Castle, Jon B. Dubrow, Noah Feldman Greene, Gregory E. Heltzer, Joel R. Grosberg, Raymond Jacobsen The US FTC and DOJ propose new draft Merger Guidelines which introduce substantial changes including reduction in the threshold for presuming competitive harm in horizontal mergers and a new structural presumption for vertical mergers


Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement Mergers and acquisitions will continue to face strong headwinds at the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) under new proposed Merger Guidelines released (...)

Matt Evola, Mary Hecht, Joel R. Grosberg, Lisa Peterson Rumin, David Henry, Jon B. Dubrow The UK Competiton Authory updates its merger guidance in light of the National Security and Investment Act


The NSI Act replaces the system of discretionary public interest intervention in mergers by the UK government under the UK Enterprise Act and creates a new mandatory notification system operated by the Investment Security Unit (ISU), part of the UK Department for Business, Energy and (...)

David Henry, Jon B. Dubrow, Joel R. Grosberg, Lisa Peterson Rumin, Matt Evola, Mary Hecht The EU Commission announces the withdrawal of two airline companies from a proposed acquisition in the passenger air transport sector (IAG / Globalia / Air Europa)


IAG, owner of leading airlines in Ireland, Spain and the UK, sought to acquire Air Europa from Globalia and provided notification of the transaction to the Commission in May 2021. IAG, owner of Iberia and Vueling, is the largest airline in Spain and Air Europa is the third-largest airline in (...)

David Henry, Mary Hecht, Matt Evola, Jon B. Dubrow, Joel R. Grosberg, Lisa Peterson Rumin The EU Commission approves a merger in the waste management sector, subject to conditions (Veolia / Suez)


On December 14, 2021, the Commission conditionally cleared in Phase I Veolia’s acquisition of Suez. The Commission deemed Veolia’s comprehensive commitments sufficient to assuage the Commission’s competition concerns, without the need for a Phase 2 investigation. The Commission found that (...)

David Henry, Matt Evola, Jon B. Dubrow, Joel R. Grosberg, Lisa Peterson Rumin, Mary Hecht The EU Commission imposes interim measures on two healthcare companies for breaching the EU Merger Regulation by gun jumping (Illumina / Grail)


In October 2021, the European Commission imposed interim measures on Illumina and GRAIL to restore and maintain competition between the entities following Illumina’s decision to close its acquisition of GRAIL prior to the Commission completing its review of the transaction and in breach of the (...)

Lisa Peterson Rumin, Jon B. Dubrow, David Henry, Matt Evola, Mary Hecht, Joel R. Grosberg The US FTC announces the restriction of future acquisitions for firms that pursue anticompetitive mergers


On October 25, 2021, the FTC announced a return to the practice of including prior approval provisions in consent decrees for allegedly anticompetitive mergers. This means that in addition to divesting a business, the FTC is requiring companies to obtain FTC prior approval before purchasing (...)

Matt Evola, Jon B. Dubrow, Joel R. Grosberg, Lisa Peterson Rumin, David Henry, Mary Hecht The UK Competition Authority fines a Big Tech company £50.5 million for breaching its initial enforcement order regarding a merger with a GIF provider (Facebook / Giphy)


In May 2020, Facebook purchased Giphy, the largest provider of GIFs (a format for image files that supports both animated and static images). Giphy operates an online database and search engine that primarily allows users to search and share GIFs and can be used indirectly on third-party apps, (...)

Joel R. Grosberg, Jon B. Dubrow, Gregory E. Heltzer The US DoJ announces antitrust civil process changes for the pendency of COVID-19 events and confirms that the HSR review process will be significantly impacted


With COVID-19-related closures rolling in daily, you may have questions about the operating status of the federal government’s antitrust enforcement agencies. Currently, the HSR review process does not seem to be significantly impacted, although the agencies will not grant a request for early (...)

Jon B. Dubrow, Joel R. Grosberg, Anthony S. Ferrara The US FTC files an administrative complaint challenging consummated acquisition and non-reportable transactions in the body-worn camera market (Safariland / Axon / VieVu)


FTC CHALLENGES AXON’S CONSUMMATED ACQUISITION OF BODY-WORN CAMERA COMPETITOR* The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of (...)

Matt Evola, Joel R. Grosberg The US Court of Appeals for the DC Circuit upholds the District Court decision finding a merger in the video distribution sector unlikely to harm competition (AT&T / Time Warner)


“[T]here is no need to opine on the proper legal standards for evaluating vertical mergers because, on appeal, neither party challenges the legal standards the district court applied.” —U.S. Circuit Judge Judith W. Rogers, United States v. AT&T Inc. Antitrust practitioners and business (...)

Jon B. Dubrow, Joel R. Grosberg The US DoJ Assistant Attorney General announces merger investigations reforms seeking to resolve most merger investigation within six months of filing


Today, Assistant Attorney General Makan Delrahim announced a series of reforms with the express goal to resolve most merger investigations within six months of filing. The reforms seek to place the burden of faster reviews not only on the Antitrust Division of the Department of Justice (DOJ), (...)

David Goldman, Gregory E. Heltzer, Joel R. Grosberg The US DoJ requires minor conduct remedies before approving a vertical merger affecting the market for petroleum needle coke (GrafTech / Seadrift)


McDermott Will & Emery lawyers succeeded in obtaining the necessary antitrust approval for clients Seadrift Coke L.P. (Seadrift), the world’s second largest petroleum-based needle coke producer, and C/G Electrodes LLC (C/G), a U.S.-based graphite electrode producer, which have been (...)


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