Jonathan Ende

Jonathan Ende focuses his practice on antitrust and competition, with particular strength in regulatory matters. He has a great deal of experience in internal investigations, and has a keen insight on the manufacturing and biomedical industries in particular. Read Jonathan Ende's full bio.

Firm/Organization: McDermott Will & Emery

Blogs: Alcohol Law Advisor, Antitrust Alert, Of Digital Interest

Latest Articles

Antitrust Alert

FTC Ratchets up Scrutiny on Pharmaceutical Deals

By Will Diaz & Jonathan Ende

October 15, 2019

WHAT HAPPENED: Recent developments indicate that pharmaceutical deals are attracting greater scrutiny from the Federal Trade Commission (FTC). In September 2019, FTC Chairman Joseph Simons reportedly stated that the FTC will more closely scrutinize deals with overlaps involving products that are still in clinical study or development. Because of the high failure rate of products in early phases of study, the FTC typically has focused on overlaps between marketed products or products near Federal Drug…

Antitrust Alert

The Latest: Changes Coming to Revenue Reporting for HSR Filings

By Jonathan Ende & Ashley L. McMahon

June 28, 2019

What Happened: The Federal Trade Commission (FTC), along with the Antitrust Division of the Department of Justice (DOJ), approved amendments to the Hart-Scott-Rodino (HSR) Rules and the instructions for completing the HSR Form. After the amendments take effect on September 25, 2019, HSR filers will be required to use new 10-digit North American Product Classification System (NAPCS) codes in place of the current 10-digit North American Industry Classification System (NAICS) codes when reporting revenues in…

Antitrust Alert

Second Circuit Rejects Total Wine Challenge of Connecticut Pricing Laws

By Will Diaz, Marc Sorini & Jonathan Ende

March 5, 2019

Last week, in Connecticut Fine Wine and Spirits LLC v. Seagull, the US Court of Appeals for the Second Circuit affirmed a lower court’s motion to dismiss a lawsuit from Total Wine & More challenging parts of Connecticut’s Liquor Control Act and related regulations. Though the decision represents a victory for state alcohol regulatory regimes, the Second Circuit’s ruling was decided on the basis of established antitrust law and did not raise or rely…

Alcohol Law Advisor

Second Circuit Rejects Total Wine Challenge of Connecticut Pricing Laws

By Will Diaz, Marc Sorini & Jonathan Ende

March 4, 2019

Antitrust Alert

THE LATEST: AAG Delrahim Withdraws Statement on Remedies for Standards-Essential Patents Subject to Voluntary FRAND Commitments, Elaborates Views on SSOs

By Will Diaz & Jonathan Ende

December 19, 2018

In a December 7 speech before the Berkeley-Stanford Advanced Patent Law Institute, the US Department of Justice Antitrust Division (DOJ) Assistant Attorney General Makan Delrahim (AAG Delrahim) announced that the DOJ will withdraw its assent to the 2013 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary FRAND Commitments (the Policy Statement) and elaborated upon the DOJ’s enforcement approach to standard setting organizations (SSOs). WHAT HAPPENED: AAG Delrahim voiced support for the right of…

Antitrust Alert

THE LATEST: FTC Submits Comment on FDA Guidance Aimed at Deterring Abuse of Citizen Petition Process

By Will Diaz, Gregory E. Heltzer & Jonathan Ende

December 11, 2018

The Federal Trade Commission (FTC) submitted comments supporting the Food and Drug Administration’s (FDA) guidance for assessing whether a pharmaceutical company petitioner is misusing the citizen petition process to delay approval of a competing drug. WHAT HAPPENED: The FDA released revised draft guidance intended to discourage pharmaceutical companies from gaming the citizen petition process. The FTC expressed approval of the considerations the FDA will use to determine whether a petition was submitted to delay or…

Antitrust Alert

New FTC Interpretation Will Require HSR Act Filing for Many Hospital Affiliation Transactions

By Jon B. Dubrow, Jonathan Ende & McDermott Will & Emery

November 20, 2018

The Premerger Notification Office (PNO) of the Federal Trade Commission (FTC) recently formalized a new position on Hart-Scott-Rodino Act (HSR Act) reporting obligations for certain not-for-profit, non-stock transactions. The change is currently in effect and applies to transactions that have not yet closed. The change in position will require reporting of many hospital transactions that have not traditionally been treated as reportable events. The biggest area of change relates to affiliation transactions where hospitals…

Of Digital Interest

California Enacts a Groundbreaking New Privacy Law

By Michael G. Morgan, Daniel F. Gottlieb, Matthew R. Cin, Jonathan Ende, Amy C. Pimentel & Li Wang

June 29, 2018

California’s Senate and Assembly unanimously approved AB 375 (also known as the California Consumer Privacy Act of 2018), on June 28, 2018. This new consumer privacy bill will be the most progressive and comprehensive privacy law in the United States, reaching far beyond California’s borders to give California consumers more visibility and control over their personal information. Continue Reading.…

Antitrust Alert

THE LATEST: US Steel’s Section 337 Antitrust Claim Rejected by ITC Commissioners

By Will Diaz & Jonathan Ende

April 4, 2018

The US International Trade Commission (ITC) issued an opinion dismissing United States Steel Corporation’s antitrust claim made under Section 337 of the Tariff Act of 1930 against several Chinese steel manufacturers or distributors, ruling that a complainant must show an antitrust injury even in a trade case. WHAT HAPPENED On Monday, March 19, three of the ITC’s four sitting commissioners upheld an administrative law judge’s (ALJ) decision to eliminate the antitrust claim from US Steel’s…

Antitrust Alert

FTC Alleges Another Price Discrimination Market – Seeks to Block Wilhelmsen’s Acquisition of Drew Marine

By Gregory E. Heltzer & Jonathan Ende

March 15, 2018

The Federal Trade Commission (FTC) recently announced that it has challenged a merger between Wilhelmsen Maritime Services (Wilhelmsen) and Drew Marine Group (Drew) because of an overlap in service to “global fleet customers,” a narrow customer segment that purchases marine water treatment chemicals and services. WHAT HAPPENED: The FTC issued an administrative complaint and filed a complaint in federal court seeking a temporary restraining order and preliminary injunction, asserting that Wilhelmsen’s proposed $400 million acquisition…

Jonathan Ende

FTC Ratchets up Scrutiny on Pharmaceutical Deals

The Latest: Changes Coming to Revenue Reporting for HSR Filings

Second Circuit Rejects Total Wine Challenge of Connecticut Pricing Laws

Second Circuit Rejects Total Wine Challenge of Connecticut Pricing Laws

THE LATEST: AAG Delrahim Withdraws Statement on Remedies for Standards-Essential Patents Subject to Voluntary FRAND Commitments, Elaborates Views on SSOs

THE LATEST: FTC Submits Comment on FDA Guidance Aimed at Deterring Abuse of Citizen Petition Process

New FTC Interpretation Will Require HSR Act Filing for Many Hospital Affiliation Transactions

California Enacts a Groundbreaking New Privacy Law

THE LATEST: US Steel’s Section 337 Antitrust Claim Rejected by ITC Commissioners

FTC Alleges Another Price Discrimination Market – Seeks to Block Wilhelmsen’s Acquisition of Drew Marine

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