John Scribner

District of Columbia

District of Columbia Bar

Since 1995

Partner

Weil, Gotshal & Manges LLP

Current

Current

NYMEX Holdings Inc. Unconditional antitrust clearance obtained for merger with CME Group Obtained unconditional antitrust clearance from the U.S. Department of Justice for NYMEX in connection with its multi-billion merger with CME Group. DOJ gave it's consent after a detailed and thorough review of the transaction. Clearance was secured on June 16, 2008 and the companies expect to close in the last quarter of 2008.

Current

Univision Music Group Acquisition of Univision Music Group by Universal Music Group Secured antitrust clearance from the FTC, without a second request, for the $140 million sale by Univision Music Group, leading producer of Latin recorded music in the U.S. and Mexico, to Universal Music Group.

Current

Alfa, S.A.B. de C.V. Acquisition of the Hydro Castings Division of Norsk Hydro ASA Represented Alfa S.A.B. de C.V. in the €416 million acquisition of the Hydro Castings division of Norsk Hydro ASA by Tenedora Nemak S.A. de C.V. more

Current

Johnson & Johnson Applied Medical Resources Corp. v. Ethicon, Inc., et al., 03-CV-1329 (C.D. Cal. 2006) Obtained a complete defense verdict for client, Johnson & Johnson, in an antitrust case challenging J&J's practice of offering the best prices to its customers who purchased sutures and endomechanical products (a so-called "bundle") from J&J. more

Current

Johnson & Johnson ConMed Corp. v. Johnson & Johnson, et al. Following Johnson & Johnson’s victory in the Applied Medical antitrust trial J&J faced another court case over similar “bundling” allegations made by ConMed Corporation. The stakes were enormous; ConMed’s own public filings acknowledged it was asserting damages claims of $1.7 billion before trebling. Trial was avoided and the case settled for $11 million - less than one percent of the (untrebled) damages number - and no conduct relief.

Current

Eastman Kodak Company Acquisition of Creo Inc Secured antitrust clearance from DOJ for Eastman Kodak Company's $980 million acquisition of Creo Inc., a major and expanding competitor. Obtained early termination without divestitures despite the issuance of a Second Request and despite the presence of significant product overlaps. Also obtained competition clearance in five foreign jurisdictions including the EU. Transaction involved two of the leading manufacturers of pre-press equipment and consumables.

Current

Metavante Corporation Acquisition of NYCE Corporation Represented Metavante Corporation in the $610 million acquisition of NYCE Corporation from First Data Corporation.

Current

Alfa SAB de CV Nemak's €411 million acquisition of Hydro's European castings operations Represented Nemak, Alfa SAB de CV's subsidiary in the high-tech aluminum auto parts business, in its €411 million acquisition of Hydro's European castings operations, a business unit of Norsk Hydro. Antitrust approval was obtained from EU regulators.

Current

Alfa SAB de CV Alfa SAB de CV's $496.8 million acquisition from Teksid Aluminum Ltd. Represented Alfa SAB de CV, a large Mexican industrial conglomerate with over $6 billion in revenues world wide, in its $496.8 million acquisition of certain North American and international assets from Teksid Aluminum Ltd., an automotive engine parts supplier. The firm successfully obtained antitrust clearance from U.S. regulators at the FTC and the DOJ. Approval was achieved without any divestitures or a Second Request, despite substantial product overlaps.

Current

Bertelsmann AG Successful settlement for Bertelsmann AG in Napster copyright litigation Represented Bertelsmann AG in its successful settlement of the Napster copyright litigation. Settlement was reached in early September 2006 when as a part of Vivendi’s purchase of BMG Music Publishing Group, Bertelsmann agreed to a payment of $60 million to Universal Music Group. This settlement permitted Bertelsmann to avoid $20 billion in potential damages and no liability was admitted.

Current

Providence Equity Partners, Inc. Private Equity Antitrust Litigation Lead counsel for Providence Equity in connection with private nationwide antitrust class action litigation asserting broad ranging antitrust conspiracy claims against Providence and other private equity companies. Successfully negotiated voluntary dismissal from plaintiffs.

Current

Sony ATV Music Publishing Acquisition of Famous Music LLC Provided Sony/ ATV Music Publishing LLC with antitrust counsel in its acquisition of Famous Music LLC from Viacom Inc.

University of Oklahoma

J.D.

1992

Westminster College

B.A.

1986

District of Columbia Bar

Member

1995 - Current

Publication

Publication

Publication

Ensuring the Deal Surpasses Antitrust Requirements (March 2008, ACI Conference on Life Sciences Mergers & Acquisitions)

Primer on US and EU Merger Regimes (Gatineau, CanadaGatineau, Canada, November 03, 2005) John Scribner was a presenter at The Canadian Bar Association's 2005 Annual Fall Conference on Competition Law. John's session was titled "Primer on US and EU Merger Regimes" and discussed practical aspects of getting a deal approved in the US from the pre-deal planning stage through the agency review process.