
Takeovers Panel clears $7B Atlas Arteria bid
The Australian Takeovers Panel declined to make a declaration of unacceptable circumstances regarding IFM Investors’ hostile May 6 takeover bid for toll road operator Atlas Arteria (ASX:ALX).
The regulatory decision follows an application by Atlas Arteria to block the $7 billion bid launched by IFM subsidiary Diamond Infraco to acquire all outstanding stapled securities.
DICO’s initial $4.75 offer was subsequently increased to a "best and final" $5.10 per security, conditional on securing a 45% or greater relevant interest before the offer closes.
The Panel, which previously knocked back an interim order request to halt the despatch of the bidder's statement, concluded that its residual structural and disclosure concerns had been substantially resolved.
The resolution follows a decision by the Australian Securities and Investments Commission to grant DICO relief, allowing a mandatory 14-day extension of the offer period if the 45% conditional price threshold is achieved.
The Panel accepted a formal undertaking from DICO restricting its discretion to count late-received but timely postmarked acceptance forms if they would artificially push its stake past the crucial 45% mark.
Determining that an intervention was unnecessary, the sitting Panel ruled that declining the declaration would not be against the public interest.
At the time of reporting, Atlas Arteria’s share price was $4.84.