To: Boplicity who wrote (476 ) 3/22/2000 2:37:00 PM From: Tecinvestor Read Replies (2) | Respond to of 13572
Greg, there's been a new development with the JDSU - ETEK deal. Alcatel, ETEK's largest customer, apparently has complained about the combination and wants the deal delayed until it can find another supplier.cnetinvestor.com Alcatel Will Complain About JDS Uniphase's E-Tek Buy (Update1) 3/22/00 10:43:00 AM Source: Bloomberg News Paris, March 22 (Bloomberg) -- Alcatel SA, Europe's No. 2 phone-equipment maker, said it will complain to U.S. antitrust enforcers that JDS Uniphase Corp. will have the power to raise prices if the biggest maker of fiber-optic components is allowed to buy rival E-Tek Dynamics Inc. Quote Snapshot LU 62.13 -4.88 ETEK 223.00 -7.00 NT 131.88 2.38 JDSU 129.75 2.75 ALA 43.06 -2.25 ú Messages Enter symbol: ú Symbol Lookup sponsored by Quotes delayed 20+ minutes Trade Now with our broker sponsors JDS Uniphase agreed in January to buy E-Tek in a transaction now valued at $19.7 billion. The U.S. Department of Justice is scrutinizing the proposal and interviewing customers of both companies to determine whether the acquisition would hurt competition in the market for parts that boost the capacity of fiber-optic networks. Alcatel, E-Tek's No. 1 customer, wants the acquisition delayed until it can find another source of components, said Alcatel USA Vice President of Product Strategy Paul Harrison. That process that could take as long as a year, he said. 'On some components there are no other suppliers,' Harrison said. 'We don't want to get into a situation where there's only a single supplier.' Complaints by big customers like Alcatel 'bode ill for the deal,' said Steven Newborn, a Washington antitrust attorney with Clifford Chance, Rogers and Wells. 'If I were betting, this would not go through' unless JDS Uniphase and E-Tek could negotiate a long-term supply contract 'that keeps them for a year as happy as they could possibly be,' he said. Alcatel fears that JDS Uniphase will increase prices of some products once it completes the purchase. Currently, Alcatel can pressure the companies -- its two biggest suppliers of the parts - - to keep prices down by offering more business to one than the other. E-Tek got a third of its $72.5 million in sales from Alcatel in its fiscal second quarter, which ended Jan. 1. Widened Spread Alcatel, based in Paris, is the biggest maker of fiber-optic transmission systems used to send large amounts of phone and data traffic back and forth undersea. It also makes systems for land networks and plans to double its sales of those products in North America to $400 million this year, targeting phone companies such as MCI WorldCom Inc., Sprint Corp., Qwest Communications International Inc. and Level 3 Communications Inc. The spread between the value of JDS Uniphase's offer for each share of E-Tek stock and the trading price of an E-Tek share has widened to $53.80 from $28.77 Monday, an indication of market uncertainty about the transaction's prospects for getting antitrust clearance. JDS Uniphase shares rose 3 to 130 in early afternoon trading. E-Tek rose 4 to 234. Harrison said he hasn't been contacted by Justice Department investigators and didn't know if other Alcatel officials had been interviewed by phone or in person. Lucent Technologies Inc., the world's No. 1 maker of phone equipment and both a competitor and customer of JDS Uniphase and E- Tek, yesterday said it had been questioned by Justice Department lawyers over the telephone. Lucent said it took 'no formal position' on the combination. Nortel Networks Corp., the biggest maker of fiber-optic equipment, declined to comment. JDS Uniphase and E-Tek haven't increased the prices they charge Alcatel since they announced the acquisition on Jan. 17, Harrison said. JDS Uniphase has tried to address Alcatel's worries by telling the company that it will be a valued customer after the E- Tek acquisition. Harrison said he received assurances from JDS Uniphase President Jozef Straus, who also visited Alcatel Chief Executive Serge Tchuruk. Dependency Still, Alcatel is concerned about getting enough thin-film filter components for its wave-division multiplexing, or WDM, systems. The filters are used to combine the beams of multiple lasers on a single strand of fiber, boosting the capacity of optical networks. Once combined, JDS Uniphase and E-Tek, both based in San Jose, California, would dominate the WDM component market. JDS Uniphase and E-Tek also struck a side agreement on Jan. 17 to supply each other with needed components until they complete the acquisition. Alcatel's problem is that it has developed a dependency on both JDS Uniphase and E-Tek as its only suppliers of certain parts, Harrison said. It will be difficult to find other suppliers to meet Alcatel's strict quality standards, he said. The company likely would try to develop Corning Inc. as a second supplier, as well as look to smaller companies, Harrison said. Corning, the biggest maker of optical fiber, last month agreed to buy NetOptix Corp. in a transaction now valued at $2.3 billion to gain the filter production it needs to make more WDM components. JDS Uniphase is 'fully cooperating with the Justice Department and providing them with whatever information they require to evaluate the transaction,' Senior Vice President of Business Development Mike Phillips said yesterday. The company declined to comment on what its customers say to the Justice Department.