Third Point Settles With US Over 2011 Yahoo Disclosures

Advertisement
By Reuters | Updated: 25 August 2015 18:18 IST
Third Point LLC, the hedge fund firm run by activist investor Daniel Loeb, has settled US regulatory charges that it failed to properly seek antitrust clearance while it built a big stake in Yahoo Inc in 2011.

The settlement, announced on Monday by the US Department of Justice and Federal Trade Commission, resolves claims that Third Point took five weeks too long to tell antitrust regulators it planned an activist stake in Yahoo, after having crossed a threshold requiring disclosure.

Third Point will not pay a fine but entered a five-year agreement to make appropriate disclosures.

Advertisement

The FTC vote was 3-2, with the dissenting commissioners saying the New York-based firm should not have been sanctioned.

A Third Point spokeswoman did not immediately respond to a request for comment.

Advertisement

The federal Hart-Scott-Rodino Act exempts investors who buy up to 10 percent of a company's voting securities from disclosing purchases made only for investment purposes.

US regulators, however, said Third Point amassed Yahoo shares in August and September 2011 with an eye toward finding a new chief executive or taking one or more board seats, including through a proxy battle if needed.

Advertisement

Regulators said Third Point began buying its shares on Aug. 8, 2011, and crossed the threshold for seeking HSR clearance two days later. They said Third Point did not file for such clearance until Sept. 16, 2011.

Loeb ultimately engineered the installation of current Yahoo Chief Executive Marissa Mayer to replace Carol Bartz.

Advertisement

He also won a board seat, which he relinquished in July 2013 when Third Point sold 40 million Yahoo shares to the Sunnyvale, California-based company at a large profit.

Led by Chairwoman Edith Ramirez, the FTC majority found a "significant public interest" in ensuring that investors follow HSR rules that are enforced consistently and transparently.

"The public interest does not hinge on whether Third Point's acquisitions of Yahoo stock were likely to produce any competitive harm," the majority said.

The Republican dissenters, Maureen Ohlhausen and Joshua Wright, said that "as a matter of prosecutorial discretion" no punishment was warranted.

They said the majority's finding "is likely to chill valuable shareholder advocacy" by subjecting transactions that are "highly unlikely" to raise antitrust issues to heightened disclosure requirements.

© Thomson Reuters 2015

 

Get your daily dose of tech news, reviews, and insights, in under 80 characters on Gadgets 360 Turbo. Connect with fellow tech lovers on our Forum. Follow us on X, Facebook, WhatsApp, Threads and Google News for instant updates. Catch all the action on our YouTube channel.

Advertisement

Related Stories

Popular Mobile Brands
  1. Motorola Edge 70 Pro+ Leaked Renders Hint at Design, Five Colour Options
  2. Spotify Expands Its Self-Serve Ads Manager Platform in India
  3. Oppo Find X9s With Triple 50-Megapixel Cameras Launched at This Price
  4. Oppo Find X9s Pro Launched With 200-Megapixel Cameras: See Price, Features
  5. Oppo Find X9 Ultra With 200-Megapixel Periscope Camera Launched Globally
  6. Xiaomi TV S Mini LED 75 (2026) Review
  7. Oppo Watch X3 Launched Globally With Titanium Build, 3,000-Nit OLED Screen
  8. Oppo F33 Pro 5G Review: The Best Looking Phone Under Rs. 40,000?
  9. NoiseFit Diva Araya Jewellery-Inspired Smartwatch Debuts in India
  1. Oppo Find X9s Launched With Dimensity 9500s SoC, Hasselblad-Tuned 50-Megapixel Cameras: Price, Specifications
  2. Oppo Watch X3 Launched Globally With Titanium Build, 3,000-Nit OLED Screen: Price, Features
  3. NoiseFit Diva Araya Jewellery-Inspired Smartwatch With Ceramic Build Launched in India: Price, Features
  4. Spotify Ads Manager Platform Launched in India, Brings Self-Serve Advertising to Businesses
  5. Microsoft Cuts Xbox Game Pass Prices in India, Global Markets; Ends Day-One Call of Duty Access
  6. Incoming Apple CEO John Ternus Already Driving AI Overhaul Ahead of Leadership Transition: Report
  7. NASA Shuts Down Voyager 1 Instrument to Extend Mission Life in Deep Space
  8. Oppo Enco Clip 2 With Open-Ear Design, Up to 40 Hours Total Battery Life Launched Alongside Oppo Watch X3 Mini
  9. Vivo Y6t Launched With 6,500mAh Battery, Snapdragon 4 Gen 2 SoC: Price, Specifications
  10. OCBC Partners Lion Global Investors and DigiFT to Launch Tokenised Gold Fund With GOLDX Token
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2026. All rights reserved.