Miles Costello
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Two of the world’s most feared activist investors laid siege to the Deutsche
Börse for the second time in four years yesterday as the hedge funds Atticus
and TCI demanded urgent action to improve shareholder value at the Frankfurt
exchange.
The two funds, which together own 19 per cent of Deutsche Börse, threatened
to demand the resignation of senior executives unless the German exchange
demonstrated “leadership and urgency”.
Their assault puts Kurt Viermetz, the chairman of the supervisory board,
under acute pressure.
The intervention of the two firms, which triggered a 6.6 per cent jump in the
Börse’s share price, marks an ominous echo of their successful campaign in
2004 to derail its audacious bid for the London Stock Exchange.
TCI, which is based in London, is run by Christopher Hohn, its publicity-shy
founder and a well-known philanthropist investor. Atticus is co-chaired by
Nathaniel Rothschild, the son of Lord Rothschild, and one of the Rothschild
banking dynasty. Together the two firms forced the Börse to scrap its £1.3
billion bid for the LSE and ensured that Werner Seifert lost his job as
chief executive.
The campaign sent a shockwave through German corporate culture and sparked
revulsion among the political establishment, with Atticus, TCI and their
peers described as locusts.
In the wake of its scrapped LSE bid, the Börse was shut out of much of the
subsequent consolidation of exchanges. It also failed in an effort to merge
with Euronext, the pan-European exchange operator, which is now owned by the
New York Stock Exchange.
The funds’ renewed public interest in the running of Deutsche Börse threatens
to reignite political tensions about the exchange in Germany.
In a joint statement yesterday, TCI and Atticus said that they would explore
all options to improve the Börse’s ability to create shareholder value.
“This may include seeking to change some of the members of the supervisory
board in order to ensure leadership and urgency regarding any appropriate
action,” they said.
BaFin, Germany’s financial regulator, would be informed of their position,
they said, emphasising that they retained the right to raise or cut their
holdings.
Deutsche Börse operates the Frankfurt Stock Exchange and the derivatives
platform Eurex. It also owns Clearstream, the clearing and settlement
network for trades. This ownership has been criticised on monopoly grounds
in the past. Sources suggested that the hedge funds were eager for a
decision on whether Deutsche Börse retained or must sell Clearstream and did
not mind which happened.
The Börse’s shares have fallen by more than half since last December, in part
because of the threat of competition from upstart rivals including Chi-X and
Turquoise.
Deutsche Börse, which is valued at €12.5 billion (£10.2 billion), declined to
comment specifically on TCI and Atticus. “However, the company is in general
in permanent dialogue with all of its shareholders,” it said.
It added that the exchange’s supervisory board was up for reelection next May
and that Mr Viermetz had already instructed a commission to seek potential
candidates. “Additionally, all shareholders have the right to also make
their own proposals for candidates,” it said.
TCI is fresh from a battle with the Japanese Government after the fund was
prevented from doubling its stake in J-Power, an energy group, to about 20
per cent on the ground of national security. TCI abandoned its attempt, but
not before demanding that the UK Government introduce trade sanctions
against Japan over its behaviour.
It emerged this week that market movements have lopped $5 billion off the
value of Atticus’s funds this year.
Changes at exchanges
2001 The Paris-based Euronext buys the London International Financial
Futures and Options Exchange (Liffe)
2001 Deutsche Börse fails to merge with the London Stock Exchange
2005 Börse fails to buy the London Stock Exchange
2006 Börse fails to merge with Euronext
2006 Euronext merges with the New York Stock Exchange
2007 The London Stock Exchange acquires Borsa Italiana, the Italian
stock exchange
2007 Nasdaq buys the Scandinavian stock exchange owner OMX
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