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EA Extends Take-Two Offer As FTC Continues Investigating
It had to happen – EA has extended the expiration date for its bid to acquire Take-Two, while the Federal Trade Commission continues its investigation. Although EA recently certified its compliance with the FTC’s broad-ranging request for information, the publisher reached an agreement with the FTC through which it promises not to complete any acquisition until August 21.
In that fashion, the extension is merely a formality, to allow the bid to remain outstanding until the investigation concludes. The new bid deadline is now August 18, so it’s safe to assume we’ll see at least one more extension at that time, since any move EA makes would need to be after the 21st.
It looks like EA has made a bit of small gain, though, as far as the likelihood of bringing the acquisition to fruition:
EA Clears FTC Hurdle In Take-Two Bid
Electronic Arts has satisfied the Federal Trade Commission’s extensive second request for information in the publisher’s bid to acquire Take-Two, the company revealed through an SEC filing today – and, pursuant to EA’s agreement with the FTC, it won’t “consummate” any acquisition before August 21.
That is, unless the FTC finishes its investigation sooner. It’s now got the information it needs from EA in its quest to determine possible antitrust issues, but Take-Two has appeared to struggle with fulfiling the broad-ranging request; when it was initially uncompliant, the District Court of Washington, D.C. had demanded it show cause, with Take-Two risking an injunction if it failed to pony up.
However, Tiffany Steckler of EA’s corporate communications said that the August 21 timeline applies regardless of what Take-Two does:
Take-Two Settles FTC Compliance Issues In EA Bid
Take-Two has resolved its issues with the Federal Trade Commission, clearing at least one regulatory obstacle for Electronic Arts’ acquisition bid, the company revealed in an FTC filing this morning.
The U.S. District Court of Washington D.C. had asked Take-Two to show why it wasn’t complying with the FTC’s broad-ranging information request as it investigates potential antitrust issues for the possible combination, probably regarding the companies’ sports portfolios.
For its part, Take-Two had claimed that complying with the full scope of the FTC’s requests would have been too expensive and labour-intensive, and asked for “reasonable limits”.
Riccitiello: Take-Two Bid Focused On Holiday Season, Not GTA IV
Don’t believe what the timing tells you – EA’s bid for Take-Two was never about Grand Theft Auto IV. That’s what EA CEO John Riccitiello told an audience of investors during William Blair & Company’s annual stock conference, where he was a speaker today.
“For clarity’s sake, I think you’ve got a slight mis-remembering of what we said”, Riccitiello told an audience member who asked about capitalizing on GTA IV‘s release value. “We were extremely explicit that there was no possibility whatsoever that we would be able to acquire the company or close the transaction prior to the release of GTA IV“.
Ubisoft Vying For Take-Two?
Take-Two Board chairman Strauss Zelnick recently said during his company’s financial results call that Electronic Arts isn’t the only company interested in acquiring Take-Two. “We have had and continue to have formal discussions with a number of interested parties,” he said, but another “white knight,” as analysts have called it, has yet to appear.
Forbes magazine thinks it knows who the other contender could be – Ubisoft, after ruling out Activision, who’s already rather busy with a very big impending merger with Vivendi.
There are a few reasons why Ubi might be a good bet:
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