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Eller & Co, which operates a port in Miami with P&O, is opposing DP World’s £3.9 billion bid on alleged national security concerns. Paul Downes, for Eller, told the court that if the takeover went ahead, a $150 million business would “be at risk” along with 1,500 jobs.
Eller’s fears are based on concern that US authorities could cancel its Miami port’s operator licence if DP World was successful in its takeover.
Mr Justice Warren told Mr Downes: “As far as I know, you have nothing to put before me that suggests that you have a claim.” Mr Downes will continue to press his client’s case today.
America’s belated realisation that the United Arab Emirates company would own several American port operator licences, including Miami, has triggered anti-Arab protests.
P&O’s shareholders voted overwhelmingly in favour of the takeover. DP World has also already received US regulatory approval to complete the deal, although it agreed at the weekend to undergo a second review by American regulators.
The High Court hearing is part of DP World’s process of acquiring P&O through a scheme of arrangement. Two of P&O’s private investors are also expected to argue against approval of the deal today.
It also emerged last night that US lawmakers had pressed ahead with plans to try to block the state-owned Arab company from taking over key American port operations, even after the White House agreed to a deeper security review of the deal.
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