Covington & Burling (Washington)

John D. Graubert

Covington & Burling (Washington)
Lawyer (Partner)

John Graubert has more than 30 years of experience in a wide range of complex antitrust and consumer law matters. Mr. Graubert came to the firm after serving for ten years as Principal Deputy General Counsel of the Federal Trade Commission. Mr. Graubert is co-chair of the firm’s Advertising and Consumer Protection practice group, an Adjunct Professor at the Georgetown University Law Center, and a vice-chair of the Federal Civil Enforcement Committee of the ABA Antitrust Section.

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Articles

262 Bulletin

Thomas Barnett, Deborah A. Garza, John D. Graubert, James R. Dean, James J. O’Connell, Ross A. Demain The US DoJ imposes a $11 million fine for merger notification violation on an investment company (ValueAct)

12

Yesterday, the Antitrust Division of the Department of Justice (“DOJ”) announced that it has settled its lawsuit against ValueAct Capital Management L.P. (“ValueAct”) for violating the Hart- Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The settlement is noteworthy for two (...)

Thomas Barnett, Deborah A. Garza, John D. Graubert, Timothy C. Hester, Andrew D. Lazerow, John W. Nields, James J. O’Connell The US FTC brings a law suit in the pharmaceutical sector for monopolization based on a patent litigation (AndroGel II)

19

The Federal Trade Commission has brought its first suit alleging anticompetitive conduct in connection with the prosecution and settlement of pharmaceutical patent litigation since the Supreme Court’s June 2013 decision in FTC v. Actavis. Although two commissioners dissented from the decision to (...)

John D. Graubert, James R. Dean, Paige M. Jennings The US FTC challenges a merger between a hospital and a physician practice group (Saint Alphonsus Medical Center-Nampa / St. Luke’s Health System)

12

In late January, the U.S. Federal Trade Commission (FTC) prevailed in a challenge to a hospital merger involving an issue of great significance to the current health care marketplace: the acquisition of physician practice groups. In Saint Alphonsus Medical Center-Nampa v. St. Luke’s Health (...)

David W. Addis, James R. Dean, John D. Graubert, Timothy C. Hester, James J. O’Connell The US FTC adopts new rules clarifying HSR filing requirements for transfers of pharmaceutical patent rights

19

On November 6, the Federal Trade Commission (“FTC”) amended the implementation rules of the Hart Scott Rodino Antitrust Improvements Act (the “HSR Act”) to specify when parties to pharmaceutical patent license agreements must observe the HSR Act’s notification and pre-closing waiting period (...)

Daniel L. Spiegel, John D. Graubert, Weishi Li, James J. O’Connell, Timothy Stratford, Yan Luo The Chinese National Development and Reform Commission opens a broad investigation into pharmaceutical pricing

9

Earlier this month, China’s National Development and Reform Commission (“NDRC”) announced that it is conducting a wide-ranging probe into the costs and prices of pharmaceutical products sold by more than 60 multinational and domestic companies. NDRC has broad powers to enforce China’s Price Law, (...)

John D. Graubert, James J. O’Connell, Timothy Stratford, Yan Luo The Chinese Supreme Court issues rules governing private antitrust litigations arising from monopolistic conducts

19

On May 8, China’s Supreme People’s Court (“SPC”) issued its Rules on the Application of Laws for Adjudicating Civil Disputes Arising From Monopolistic Conduct (“the Rules”). According to the SPC, the Rules, which take effect June 1, are intended to ease plaintiffs’ burdens and are thus likely to have (...)

John D. Graubert, Miranda Cole, James J. O’Connell, Timothy Stratford The Chinese Ministry of Commerce issues regulations regarding investigations and sanctioning of companies that fail to notify transactions under competition law

5

On January 5, China’s Ministry of Commerce (“MOFCOM”) issued new regulations regarding investigations and sanctioning of companies that fail to notify transactions under China’s Anti- Monopoly Law (“AML”). Under the regulations, which take effect on February 1, non-compliant companies may be fined up (...)

John D. Graubert, James J. O’Connell, Timothy Stratford The US and the Chinese Competition Authorities cooperate on issuing guidance regarding antitrust merger investigations

14

The US and China have taken a step towards closer coordination of their investigations of mergers and other transactions under their respective antitrust laws. Yesterday, after high-level consultations in Washington, the two countries’ antitrust merger control agencies released Guidance for Case (...)

James C. Snipes, Paul Claydon, Scott Cunningham, John D. Graubert, James J. O’Connell, Timothy Stratford The Chinese National Development & Reform Commission fines two pharmaceutical companies for abusing dominant position (Shandong Weifang Shuntong Pharmaceutical / Weifang Huaxin Medicine Trade)

10

China’s National Development & Reform Commission (“NDRC”) announced this week that it has fined two domestic pharmaceutical companies for monopolizing bulk sales of promethazine hydrochloride in violation of the country’s Anti-Monopoly Law (“AML”). The decision, NDRC’s first AML action in the (...)

Thomas Barnett, James R. Dean, Deborah A. Garza, John D. Graubert, James J. O’Connell, Anita F. Stork, David W. Addis The US DoJ and FTC announce changes to the HSR Act merger notification process and transaction report form submitted by companies

21

On July 7, 2011, the Federal Trade Commission and the Department of Justice (“the Agencies”) announced significant changes to the form and accompanying materials that companies must submit when reporting transactions under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”). Although the (...)

Thomas Barnett, James R. Dean, Deborah A. Garza, John D. Graubert, Timothy C. Hester, James J. O’Connell The US FTC and DoJ issue revised horizontal merger guidelines

17

Last week, the U.S. Justice Department (“DOJ”) and Federal Trade Commission (“FTC”) (together, the “Agencies”) issued revised Horizontal Merger Guidelines (the “Guidelines”) describing how the Agencies seek to determine whether a merger of competing companies will substantially lessen competition. The (...)

Thomas Barnett, James R. Dean, Deborah A. Garza, John D. Graubert, Timothy C. Hester, James J. O’Connell The US District Court for the Eastern District of Pennsylvania holds that reverse payments cases will proceed to discovery in a patent litigation in the pharmaceutical sector (Cephalon / Teva / Ranbaxy Laboratories / Mylan Laboratories / Barr)

22

In the latest development in the Federal Trade Commission’s efforts to challenge Hatch-Waxman patent litigation settlements, earlier this week a federal district court in Pennsylvania denied in part defendants’ motions to dismiss antitrust complaints challenging a series of such settlements. The (...)

John D. Graubert, Jeffrey Lerner The US Supreme Court finds that a firm that sells inputs at the wholesale level and finished goods or services at the retail level cannot be liable for a price squeeze violation (linkLine)

18

On February 25, 2009, the United States Supreme Court issued an important antitrust ruling in Pacific Bell Telephone Co. v. linkLine Communications, Inc. (No.07-512)(“linkLine”)concerning unilateral pricing decisions. linkLine continues the clarification and narrowing of Section 2 doctrine in the (...)

David W. Addis, Evan R. Cox, John D. Graubert, Theodore Voorhees Jr The US Court of Appeal for the District of Columbia Circuit holds that the avoidance of a RAND commitment leading to higher prices for licenses does not by itself amount to anticompetitive harm (Rambus)

19

On April 22nd, the DC Circuit Court of Appeals set aside the FTC’s 2006 decision that Rambus Inc. unlawfully monopolized four technology markets through deceptive conduct during the JEDEC standards development process for two widely-implemented computer memory standards. The Court held that (...)

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