Jonathan Mincer is a senior associate in the Antitrust practice.

He focuses on antitrust investigations and litigation. He represents clients in matters, particularly mergers and acquisitions, before the Federal Trade Commission and the Department of Justice. He has litigated cases at the trial and appellate levels, including antitrust merger litigation against the Federal Trade Commission. He also provides antitrust counseling on a wide range of business conduct and compliance issues.

Jonathan started his career at the Federal Trade Commission, where he investigated and litigated proposed mergers and acquisitions. He also served as a law clerk to Judge Anthony J. Scirica on the U.S. Court of Appeals for the Third Circuit.

• The Walt Disney Company in DOJ review and clearance of its $71 billion acquisition of certain businesses of 21st Century Fox*
• ChemChina in FTC review and clearance of its $43 billion acquisition of Syngenta AG*
• Holcim in FTC review and clearance of its $44 billion merger with Lafarge*
• DIRECTV in in DOJ review and clearance of its $48.5 billion sale to AT&T*
• Lorillard in FTC review and clearance of its $27.4 billion sale to Reynolds American*
• Office Depot in its proposed $6.3 billion sale to Staples*

Professional Affiliations

American Bar Association, Section of Antitrust Law

Publications

• Proof of Conspiracy Under Federal Antitrust Laws (ABA Book Publishing 2d ed. 2018) (edited chapter 6)
• Contributor, Public Domain: Newsletter of the ABA Antitrust Section’s Intellectual Property Committee (2015-2017)
• FTC Tests Limits of State Action Doctrine in First Suit Against a State Board Since N.C. Dental, State Bar of California, Antitrust, UCL and Privacy Section (2017)
• FTC Wins in Seventh Circuit Hospital Case Based on Geographic Market Definition, State Bar of California, Antitrust, UCL and Privacy Section (2017)
• Antitrust Claim Predicated on Fraud on the FDA May Survive Motion to Dismiss, State Bar of California, Antitrust, UCL and Privacy Section (2016)
• California Court Affirms Summary Judgment Over $84M Antitrust Claims, State Bar of California, Antitrust, UCL and Privacy Section (2016)
• Supreme Court Upholds Brulotte, Applying “Superpowered Form of Stare Decisis,” Public Domain (2015)
• Simplicity Trumps Logical Coherence, The Regulatory Review (2015)
• When a State Agency is Not a State Actor, The Regulatory Review (2014)
• State Price-Fixing Claims Survive in Cathode Ray Tube MDL, ABA Antitrust Section Media & Technology E-Bulletin, Issue 4 (2013)
• Competition Law of The United States (Wolters Kluwer 2012) (drafted sections on mergers and FTC procedure, and edited manuscripts)
• The Justice Department’s “Imminent” Decision on the Google-ITA Merger, The Regulatory Review (2011)