Tiffany, LVMH Trial Set for Early January
September 21 2020 - 6:04PM
Dow Jones News
By Suzanne Kapner
A Delaware judge set a trial date of early January for Tiffany
& Co.'s lawsuit against LVMH Moët Hennessy Louis Vuitton over
the fate of their merger.
Tiffany sued LVMH earlier this month after the French luxury
goods company said it couldn't proceed with its $16.2 billion
takeover of the U.S. jeweler. Tiffany had asked the court to set a
trial date for mid-November, in the hope of getting a ruling before
the deal's Nov. 24 closing date. LVMH had argued that it wouldn't
be possible to go to trial until March or April.
In his decision, Joseph Slights III, vice chancellor of the
Court of Chancery of the State of Delaware, took into consideration
that certain antitrust approvals that the companies had obtained
for the deal will begin to expire next year. The U.S. approval
lapses in February.
Tiffany also argued that delaying a resolution until the spring
would leave it in limbo and hamstring its ability to run its
business and pay employees.
Tiffany's capital expenditures are capped until the deal's
closing date and the agreement doesn't stipulate a budget for next
year. Its shares outstanding are also capped, meaning a delay would
prevent it from paying equity compensation to employees at
year-end.
Likewise, Tiffany can't hire or fire employees at the level of
vice president or above or enter into material contracts, including
the signing of store leases, without LVMH's consent.
LVMH argued that a case requiring documents and depositions in
various geographic regions was too complex to bring to trial on a
fast-tracked schedule.
In a statement issued after the ruling, LVMH said it is
"confident that it will be able to defeat Tiffany's accusations and
convince the court that the conditions necessary for the
acquisition of Tiffany are no longer met."
LVMH said earlier this month that it couldn't complete the deal
by the November closing date for fear of getting in the middle of a
U.S.-France trade war. The French luxury goods company also said a
"material adverse effect" from the pandemic had hurt Tiffany's
business, allowing LVMH to back out of the deal.
Write to Suzanne Kapner at Suzanne.Kapner@wsj.com
(END) Dow Jones Newswires
September 21, 2020 17:49 ET (21:49 GMT)
Copyright (c) 2020 Dow Jones & Company, Inc.
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