Governance News from Manifest - ISSN 1745 - 1132

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Companies

E.ON drops out of Endesa battle

 

German energy group E.ON has abandoned its takeover bid for Spanish rival Endesa, instead cutting a deal with shareholders it had previously been pursuing legal action against.

 

E.ON has agreed not to continue its bid and not to make a new offer for Endesa within the next four years. In return, should a joint bid by Enel and Acciona – two major shareholders in Endesa – succeed, E.ON will be able to acquire a significant portfolio of their assets in Spain, Italy and France.

 

Prior to this, E.ON had accused Enel and Acciona of attempting to deceive Endesa shareholders, and had asked Spanish authorities to open infringement proceedings against them. 

 

Wulf Bernotat, E.ON chief executive, said the involvement of Enel and Acciona made an acquisition of Endesa impossible. Winning a minority interest, he said, would have led to a stalemate between shareholders and prompted unpredictable lawsuits. This current agreement, he suggested, will provide clarity for everyone involved.

 

The editorial in the Financial Times (4 April) suggested that a behind-the-scenes deal is always less satisfactory for investors than a choice between competing bids. Beyond this, said the FT, a clear loser has been the Spanish government’s interventionist approach and desire for a national champion.

 

The national champion the country really needs, argued the FT, is a strong financial regulator able to enhance and protect the rights of minority shareholders so that Spanish companies are better able to benefit from foreign investment. 

 

Links

E.ON

Endesa

Enel

Acciona

Financial Times

 

May 2007

   

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