Fresenius Shares Rise After Favorable Court Ruling
01 Oktober 2018 - 4:23PM
Dow Jones News
By Nathan Allen
Shares in Fresenius SE & Co. KGaA (FRE.XE) jumped more than
10% Monday afternoon after a Delaware court ruled in favor of the
company's decision to back out of a merger agreement with Akorn
Inc. (AKRX).
The German health-care company terminated its $4.3 billion
agreement to buy Akorn in April, claiming that the generic
drugmaker was in breach of FDA data protection regulations and had
failed to fulfill several closing conditions of the deal.
In response, Akorn sued Fresenius in the Delaware Court of
Chancery, which ruled in favor of Fresenius's actions. The judgment
is not yet final, Fresenius said.
At 1340 GMT shares in Fresenius were trading 8.2% higher at
EUR68.40, having earlier risen as high as EUR69.64.
Akorn subsequently said it is disappointed with the court ruling
and plans to appeal.
"We continue to believe Fresenius' attempt to terminate the
transaction is in breach of our binding merger agreement," the
company said.
New York-listed shares of Akorn Inc. were halted in early
trading Monday.
Write to Nathan Allen at nathan.allen@dowjones.com
(END) Dow Jones Newswires
October 01, 2018 10:08 ET (14:08 GMT)
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