Chancery Adopts Merger Price Sans Cost Savings Reduction

Business Valuation UpdateVol. 21 No. 8
Legal and Court Case Update
August 2015
4731 Arrangement of Transportation of Freight and Cargo
488510 Freight Transportation Arrangement
dissenting shareholder
expert testimony, fair value, size premium, weighted average cost of capital (WACC), discounted cash flow (DCF), market approach, statutory appraisal, multiple, capital asset pricing model (CAPM), comparable companies method

Merlin Partners LP v. AutoInfo, Inc.
2015 Del. Ch. LEXIS 128
April 30, 2015
US
State Court
Delaware
Court of Chancery
Donald Puglisi (petitioners); Mark Zmijewski (company/respondent)
Noble

Summary

Chancery agrees with company expert’s reliance on merger price as best estimate of fair value of company where DCF and comparable companies analyses lack reliable data, but court rejects downward adjustment for purported cost savings related to merger.

See Also

Merlin Partners LP v. AutoInfo, Inc.

Chancery agrees with company expert’s reliance on merger price as best estimate of fair value of company where DCF and comparable companies analyses lack reliable data, but court rejects downward adjustment for purported cost savings related to merger.