Young Adults are Too Broke for Loans
Buffet, the CEO of Berkshire Hathaway, announced on Thursday that it plans to purchase the food giant for roughly $23 billion, adding Heinz Ketchup to the conglomerate’s stable of respected brands.
The proposed purchase, which comes fast on the heels of a $24 billion buyout of computer giant Dell, points to a possible reemergence of the merger market. In addition to these two mammoth transactions, a number of smaller deals and the prices being paid for said companies mark a far cry from the exorbitant heights of the financial boom throughout the early and mid-2000’s. That said, an improving stock market, mounting piles of cash held by private equity firms and corporations, and growing confidence among the industry’s top players, point to a return of widespread deal-making.
Berkshire Hathaway is partnering with 3G Capital Management–a Brazilian investment firm that owns a majority stake in Burger King.
Under the terms of the transaction, 3G and Berkshire will pay $72.50 a share or roughly 20 percent above Heinz’s closing price on Wednesday. Including the company’s debt, the transaction is valued at approximately $28 billion.
Mr. Buffet, when talking to CNBC on Thursday morning claimed the deal and partner involved were “ideal.” Buffet praised Heinz as a company with fantastic brands and long-term stability.
Heinz fits Buffet’s deal criteria in several ways; the company has widespread brand recognition and long-term stability. Moreover, the company has performed well over the last year, rising nearly 17%.
Buffet told CNBC that he had been tracking Heinz since 1980; however, the genesis of the deal was pushed by 3G, an investment firm backed by numerous wealth Brazilian families.
One of the firm’s primary backers, Jorge Pablo Leman, brought the idea of purchasing Heinz to Berkshire two months ago. The proposal was well received as the two sides approached Heinz’s CEO, William R. Johnson, concerning the proposed purchase of the company.
3G and Berkshire will each contribute approximately $4 billion in cash to pay for the company, with Berkshire contributing an additional $8 billion for preferred shares. The rest of the cost will be covered through debt financing efforts by Wells Fargo and JP Morgan Chase.
The company’s headquarters will remain in Pittsburgh, PA where Heinz has called home for over 120 years. Heinz’s stock, in reaction to the news, rose nearly 20 percent in morning trading.
On September 19, 2012, the US Attorney’s Office in the Northern District of Illinois reported that Chunlai Yang pleaded guilty of two counts theft of trade secrets after working for CME Group for 11 years.
Yang admitted to downloading over 10,000 files of CME source code which provide significant amounts of information about the Globex electronic trading platform. The U.S. Attorney’s Office states that Yang made plans “to improve an electronic trading exchange in China as well. All in all, the government estimates the potential loses between $50 million and $100 million, and Yang is arguing the potential losses were under $55.7 million.
During his time at CME Group, Yang was responsible for writing code. Because of his position, Yang had access to programs that maintained the Globex electronic trading platform. The software programs were property of CME Group, but Yang had proceeded in downloading manuals and instructions on how the computer files operate.
The U.S. Attorney’s Office concludes that Yang and two unnamed business affiliates were planning to open a business in China called the Tongmei Futures Exchange Software Technology Company (Gateway). The purpose of the company was to increase trade volume to the Zhangjiagang Exchange, a Chinese chemical electronic trading exchange. Yang was as far as contract negotiations with the Shangjigang Free Trade Board.
Yang faces a maximum penalty of 10 years in prison and a $250,000 for each count. The plea agreement will place Yang in prison for 70 to 87 months. The sentencing is scheduled for February 20, 2013.
In addition, Yang agreed to forfeit his personal computers, electronic storage equipment, and more. The personal computers and USB equipment contained the files he stole from CME Group.
The United States is being represented Assistant United States Attorneys Barry Jonas and Paul Tzur.
Source: Federal Bureau of Investigation
On September 27, 2012, the US Department of Justice and the Federal Trade Commission signed a memorandum of understanding with the Government of India Ministry of Corporate Affairs as well as the Competition Commission of India. The antitrust memorandum encourages increased cooperation between competition agencies in each country.
The first key part of the MOU addresses cooperation. The provision states that U.S. antitrust agencies and Indian authorities will cooperate and inform each other about competition policies and changes to enforcement in specific jurisdictions. If the United States and India are investigating a similar matter, the two countries have agreed to cooperate.
The second key part of the MOU stresses communication. The provision states that United States and India will keep each other updated about all competition enforcement and policies addressing enforcement. The provisions also states that the United States and India will engage in meetings from time to time in order to discuss policy and enforcement information.
Joseph Wayland, the Acting Assistant Attorney General, stated, “We value our relationship with the Indian Ministry of Corporate Affairs and the Competition Commission of India. We know that this memorandum of understanding will enhance that relationship in the years ahead, as we work together to ensure that markets are open and competitive, by identifying and remedying anticompetitive behavior.”
The memorandum was signed by Wayland, Chairman Jon Leibowitz under the FTC, Nirupama Rao, the Indian Ambassador to the United States for the Indian Ministry of Corporate Affairs, and CCI Chairman Ashok Chawla.
Chairman Leibowitz commented, “We are delighted to enter into this memorandum of understanding with the Indian Ministry of Corporate Affairs and the Competition Commission of India. It will strengthen the already excellent relations among the U.S. and Indian competition authorities by further facilitating cooperation on policy and enforcement matters.”
Source: Department of Justice