Covington & Burling (Washington)

John Graubert

Covington & Burling (Washington)
Senior Counsel

John Graubert is a Senior Counsel at Covington & Burling. He 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.

Auteurs associés

Covington & Burling (Brussels)
Covington & Burling (London)
Covington & Burling (Brussels)
Covington & Burling (London)
Covington & Burling (Washington)

Articles

1422 Bulletin

Terrell McSweeny, John Graubert The US FTC announces its plans to launch a Section 6(b) study of ongoing supply chain issues among retailers and consumer goods firms as well as expand its criminal referral programme

181

FTC Announces 6(b) Study of Supply Chain Disruptions and Expansion of Criminal Referral Program On November 18, 2021, the Federal Trade Commission held an open meeting to discuss the agency’s efforts to launch a Section 6(b) study of ongoing supply chain issues among retailers and consumer (...)

Terrell McSweeny, Andrew Smith, John Graubert, Laura Kim The US FTC holds an open meeting and adopts several significant proposals that lay the groundwork for what is expected to be an active, expansionist enforcement and rulemaking program at the agency

150

In her first public action, a mere 16 days after her confirmation and swearing-in as Chair of the Federal Trade Commission (FTC), on July 1, 2021, Lina Khan led a public, open meeting of the Commission to adopt several significant proposals that lay the groundwork for what is expected to be an (...)

Thomas O. Barnett, Deborah Garza, John 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)

63

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

78

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 (...)

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

61

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 Graubert, Timothy C. Hester, James J. O’Connell The US FTC adopts new rules clarifying HSR filing requirements for transfers of pharmaceutical patent rights

63

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 (...)

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

58

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 (...)

John 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

51

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 (...)

James C. Snipes, Paul Claydon, Scott Cunningham, John 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)

60

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 (...)

Thomas O. Barnett, James R. Dean, Deborah Garza, John 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

63

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 (...)

Thomas O. Barnett, James R. Dean, Deborah Garza, John 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)

66

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. (...)

John 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)

39

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 (...)

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

86

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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467ème
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