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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 Law 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.
From 1998-2008, Mr. Graubert served as Principal Deputy General Counsel (including several stints as Acting General Counsel) at the Federal Trade Commission. In that position Mr. Graubert managed all litigation, legal counsel, policy studies, and administrative functions within the Office of General Counsel. He also advised the Commission and agency staff on antitrust and consumer protection matters and administrative law. He was involved in dozens of litigated matters for the Commission, including FTC v. Swedish Match, et al. (D.D.C. 2000) and FTC v. Schering-Plough, et al. (11th Cir. 2005). Mr. Graubert received the A. Leon Higginbotham Award and the Award for Distinguished Service.
- Co-lead counsel for POM Wonderful in FTC litigation challenging health claims in advertising.
- Negotiated consent orders with FTC (e.g. Uber Technologies, Inc. (2017); Breathometer,Inc. (2017) (individual defendant); Lumos Labs (2016, individual defendants); Graco, Inc. (2013; 2015); Genelink, Inc. (2014); Jason Pharmaceuticals (2012)), and CFPB (e.g. GE Capital; (2013) PRA LLC (2015)).
- Counsel for PharMerica Corporation as target in hostile cash tender offer challenged by FTC.
- Successful resolution of numerous non-public FTC competition and consumer protection investigations.
Memberships and Affiliations
- American Bar Association, Antitrust Section (Vice Chair, Federal Civil Enforcement Committee (2011-2014); Advertising Disputes & Litigation Committee (2014-present))
Previous Experience
- Federal Trade Commission, Principal Deputy General Counsel (1998-2008)
- Georgetown University Law Center, Adjunct Professor, Global Competition Law and Policy (2003-present)
July 28, 2016, Covington Alert
Today, the Consumer Financial Protection Bureau (“CFPB”) issued its outline of proposals under consideration for a debt collection rulemaking that would govern third-party debt collection activities of debt collection agencies, debt buyers, collection law firms, and loan servicers. Release of this outline of proposals signals the start of the Small Business Regulatory Enforcement Fairness Act (“SBREFA”) process. Under the SBREFA process, the CFPB must hold a Small Business Review Panel to discuss this outline of proposals and consider the potential impacts on small business entities before issuing a proposed rule. In other contexts, such as the CFPB’s proposed payday and small dollar lending rule, more than one year elapsed between the Small Business Review Panel and the issuance of a proposed rule.
August 18, 2014
WASHINGTON, DC, August 18, 2014 — Best Lawyers named Covington & Burling’s Stuart Eizenstat and Gregg Levy each a 2015 “Lawyer of the Year” in international trade and sports law, respectively, citing their “abilities, professionalism and integrity.” Overall, Covington lawyers received 217 individual mentions in 58 areas of law in the newly released annual survey ...
2014, General Editor, Second Edition, ABA
April 11, 2014, Covington E-Alert
February 20, 2014, Covington E-Alert
February 11, 2014, Covington E-Alert
July 19, 2013, Covington E-Alert
When is Disgorgement in the Public Interest?
April 2013, ABA Antitrust Section Spring Meeting
January 9, 2013, Covington E-Alert
Food Labeling: How to Avoid a FDA or FTC Enforcement Action
June 2012, ABA Litigation Section
FTC's Use of Federal Court for Consumer Remedies
March 2012, ABA Antitrust Section Spring Meeting
January 11, 2012, Covington E-Alert
November 18, 2011, Covington E-Alert
September 16, 2011
WASHINGTON, DC, September 16, 2011 — The American Bar Association’s Section of Antitrust Law has selected Ted Voorhees as chair-elect for the coming year and eight additional Covington lawyers to its leadership team. “It is exciting and a great honor to become chair-elect at a time of historic proliferation of competition law regimes throughout the world,” Mr. ...
Spring 2011, Antitrust, v. 25, No. 2
A Penumbra Conundrum:Section 5 of the FTC Act
March 30, 2011, ABA Antitrust Section Spring Meeting
December 16, 2009, Covington E-Alert
Regulating the Competition Law Implications of Standards
November 9, 2009, IBC Standards and Patents Conference
Antitrust in the Obama Administration
October 20, 2009, Covington/TechNet Silicon Valley Conference
In re Cipro: Patent Settlements
October 13, 2009, Law Seminars Int’l Telebriefing
August 13, 2009, Covington Advisory
April 15, 2009, Global Competition Policy
Section 2 and Article 82 Circling the High-Tech Sector: Will They Coordinate or Collide?
March 25, 2009, 57th ABA Antitrust Section Spring Meeting
Senior DOJ Antitrust Official Joins Covington as Co-Chair of Global Competition Practice
3/23/2009
WASHINGTON, DC, March 23, 2009 — Covington & Burling LLP is pleased to announce that Deborah Garza, who most recently served as Acting Assistant Attorney General in charge of the Justice Department’s Antitrust Division, has joined the firm. Ms. Garza will co-chair, along with Thomas O. Barnett, the firm’s global antitrust and competition law practice. Ms. Garza ...
March 18, 2009, Covington E-Alert
February 27, 2009, Covington E-Alert
China Anti-Monopoly Law: MOFCOM Approves InBev/AB Merger and Explains Its Processes and Reasoning
November 25, 2008, Covington E-Alert
Review of Recent Developments and Expectations Going Forward
October 13, 2008, IBC Standards and Patents Conference
Settlement of Pharmaceutical Patent Cases
September 26, 2008, ABA Section of International Law, 2008 Fall Meeting
Preliminary Considerations: Experiences From the Implementation of Other Competition Laws
July 12, 2008, China Society for WTO Studies
Anticipating Competition Issues In Licensing
May 21, 2008, 4th Annual ACI Pharmaceutical Antitrust Forum
FTC Deputy General Counsel Graubert Joins Covington
3/3/2008
WASHINGTON, DC, March 3, 2008 — Covington & Burling LLP is pleased to announce that John Graubert has joined the firm’s antitrust and consumer law group as a partner. Mr. Graubert, who most recently served as Principal Deputy General Counsel at the Federal Trade Commission, will be resident in the firm’s Washington office. At the FTC, Mr. Graubert managed all ...
Merger Enforcement - Federal Institutional and Process Issues
June 8, 2006, The Antitrust Modernization Commission at Mid-Course, ABA Section of Antitrust Law
Challenges Facing New Competition Enforcement Agencies
March 31, 2006, 54th Antitrust Law Spring Meeting, ABA Section of Antitrust Law
Testimony on FTC Remedies
December 1, 2005, Antitrust Modernization Commission
Recent FTC Activities Relating to Food and Pharmaceuticals
April 7, 2005, FDLI 48th Annual Conference
Antitrust Law Enforcement by the U.S. Federal Trade Commission
November 10, 2004, Fair Competition & Market Economy 2004 Shanghai International Forum
Injunctions, Divestiture, and Disgorgement: The Evolution of FTC Remedies
September 23, 2004, FTC 90th Anniversary Symposium
ABA Antitrust Section Remedies Forum
March 2, 2003
Outline of U.S. Administrative Law and Observations on the Albanian Administrative Procedures Code
October 26, 2002, ABA-CEELI Workshop on Implementation of the Albanian Administrative Procedures Code
Litigating the Fix
June 2002, Clayton § 7 Committee, ABA Antitrust Section
When Trouble Comes Knocking: Government Enforcement Trouble Spots, Prevention and Cure
May 2002, Service Networks 2002 ISPCON
Evaluation of Mergers in the Energy Sector
December 6, 2000, 32nd Annual Institute of Public Utilities Conference
Review of Cross-border Mergers
July 13, 2000, UNCTAD/EC/OECD Regional Conference on Competition Policy
Internet Advertising
May 4, 2000, AdLaw 2000 Special Internet Summit
1999, 25 Canada-U.S. L.J. 275
- Best Lawyers in America, Antitrust (2015-2018)
- Legal 500 US, Media, Technology & Telecoms - Marketing & Advertising (2013-2017)
- Washington DC Super Lawyers, Antitrust Litigation and Consumer Law (2013-2017)