Ian G. John
Antitrust and Competition
Ian John’s practice focuses on advising clients and representing them before the antitrust enforcement authorities on matters relating to mergers and acquisitions and joint ventures, including complex cross-border transactions. He has represented clients from a diverse range of industries, including aerospace, beef processing, beer, building material, chemicals, computer hardware and software, defense, fertilizer, financial products, insurance, media and telecommunications, managed care, medical products, natural gas exploration, production and transportation, pharmaceuticals, precious metals mining, satellites, semiconductors, skilled nursing facilities, student transportation and various consumer goods.
Mr. John has appeared before the U.S. Department of Justice, the Federal Trade Commission, the U.S. Department of Defense, state antitrust authorities, the Canadian Bureau of Competition and the European Commission, representing a number of major corporations in connection with antitrust investigations of merger and acquisition transactions, both consensual and contested.
His representations in the food and beverage industry include Anheuser-Busch InBev in its $21 billion acquisition of the remaining stake of Grupo Modelo it did not already own, including participating on the defense team in related private and public litigation; Archer Daniels Midland Company in its $3.1 billion acquisition of WILD Flavors GmbH (Switzerland); and JBS S.A. in its acquisitions of Smithfield Beef Group and Five Rivers Ranch Cattle Feeding LLC.
In the pharmaceutical and health care areas, Mr. John represented Express Scripts in its $29.1 billion acquisition of Medco Health Solutions, including participating on the litigation defense team in a last-minute private antitrust challenge to the transaction. This acquisition was recognized in the 2012 Financial Times “US Innovative Lawyers” report; Genesis HealthCare Corporation in its acquisition of Skilled Healthcare Group, Inc. and its $275 million acquisition of Sun Healthcare; Stryker Corporation in its $1.7 billion acquisition of MAKO Surgical Corp., its $1.5 billion acquisition of the neurovascular division of Boston Scientific, its $500 million acquisition of Ascent Healthcare Solutions, its $318 million acquisition of Orthovita and various other matters; Endo Pharmaceuticals in its $1.2 billion acquisition of Qualitest Pharmaceuticals, Inc. from Apax Partners; Guidant Corporation in connection with its proposed acquisitions by Johnson & Johnson and Boston Scientific; AdvancePCS in its merger with CaremarkRx, Inc.; Advanced Medical Optics in its acquisition of VISX; Amerigroup in its $4.9 billion merger with WellPoint; HealthSpring in its $3.8 billion sale to Cigna; Deere & Company in the sale of its health plan to UnitedHealth Group; PacifiCare Health Systems in its merger with UnitedHealth Group; and UnitedHealth Group in its acquisition of Oxford Health Plans.
In technology-related transactions, Mr. John represented ASML in its $2.5 billion acquisition of Cymer and its $5.2 billion sale of a 25 percent equity stake to three major customers (Intel Corporation, Samsung and TSMC) and their associated commitment to provide ASML with at least $1.7 billion in R&D funding; GTCR in its $390 million acquisition of Fundtech; Novell in its acquisition by Attachmate and in the concurrent sale of its intellectual property assets to CPTN Holdings LLC, a consortium of technology companies organized by Microsoft; and Compaq in its $25 billion merger with Hewlett-Packard.
His representations of agricultural product companies include CF Industries in its $910 million acquisition of a stake in Canadian Fertilizers Limited, owned by Viterra, and in its unsolicited $4.7 billion acquisition of Terra Industries and simultaneous defense of a hostile offer by Agrium. In its inaugural issue on innovative lawyers in the United States, the Financial Times recognized the Terra acquisition and Agrium defense as the most innovative M&A transaction in 2010; and Becker Underwood, a producer of non-pesticide agricultural products, in its $1 billion acquisition by BASF.
In the energy area, he advised Chevron in its $4.3 billion acquisition of Atlas Energy; XTO Energy in its $41 billion sale to Exxon Mobil; VeraSun in its sale of assets to Valero Energy; US BioEnergy in its acquisition by VeraSun; and Coastal Corporation in its $16 billion acquisition by El Paso Energy.
Additional representations include OAO Severstal, a producer of steel based in Russia, in the $2.3 billion sale of its subsidiaries Severstal Columbus, LLC and Severstal Dearborn, LLC to Steel Dynamics Inc. and AK Steel Corporation; BlackRock Inc. in its $9.7 billion acquisition of the Merrill Lynch Investment Management business from Merrill Lynch; Laidlaw International, an operator of school and passenger buses, in its $36 billion acquisition by FirstGroup, an operator of passenger trains, passenger buses and school buses; Oakley in its $2.1 billion acquisition by Luxottica Group; Stillwater Mining Company in its $341 million sale of a 51 percent stake to MMC Norilsk Nickel, a mining company in Russia; TRW in connection with its $11.8 billion merger with Northrop Grumman; and Honeywell in its $14 billion business combination with AlliedSignal and its attempted $45 billion acquisition by General Electric.
Mr. John also has experience in litigated matters, such as participating in the representation of Anheuser-Busch InBev and Express Scripts in separate merger-related litigation matters, and advising four universities, each of which was then a member of the Big East Conference, in connection with the move of several schools to the Atlantic Coast Conference.
In addition, Mr. John advises clients on other antitrust matters, including issues related to trade associations, product distribution and pricing. He also works with clients to design and implement antitrust compliance programs.
J.D., Indiana University Maurer School of Law, 1995 (magna cum laude; Order of the Coif)
A.B., Bowdoin College, 1990
Fellow, American Bar Foundation