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Technology Stocks : JDS Uniphase (JDSU) -- Ignore unavailable to you. Want to Upgrade?


To: Tecinvestor who wrote (7984)3/23/2000 3:08:00 PM
From: CodeMogul  Read Replies (1) | Respond to of 24042
 
Culpability is an interesting question.

Upon further scrutiny, the way this whole thing played out with Bloomberg and Alcatel's Harrison stinks. Granted, Bloomberg is in the business of selling news, and they did their best to chum the waters. However, something 'funny' definitely took place in the dissemination of this news, which I find even more compelling in that Bloomberg was the only agency to "find" it, and that Mr Harrison of Alcatel USA was the only person on the record. Follow this time line:

Rewind to <A HREF="http://www.cnetinvestor.com/newsitem-bloomberg.asp?symbol=81117932&Ticker=JDSU">Bloomberg's article on Tuesday:</A><BR>
>>>
Washington, March 21 (Bloomberg) -- U.S. antitrust enforcers are questioning whether JDS Uniphase Corp.'s proposed $19.7 billion acquisition of E-Tek Dynamics Inc. would hurt competition in the expanding market for fiber-optic components, say a customer and people familiar with the government's review.
<<<

Cute. Lucent is later mentioned in the article, but does not take a formal position. Now, with hind-sight, we know who the mystery customer is, but a little research could have found the list on page 10 of the <A HREF="http://www.freeedgar.com/Search/ViewFilings.asp?CIK=1044007&Directory=1044007&Year=00&SECIndex=2&Extension=.tst&PathFlag=0&TextFileSize=52030&SFType=&SDFiled=&DateFiled=1/31/2000&SourcePage=FilingsResults&UseFrame=1&OEMSource=&FormType=S-3&CompanyName=E+TEK+DYNAMICS+INC2F">prospectus in EDGAR:</A><BR>
>>>
Our customers include many of the leading telecommunications equipment manufacturers, including Alcatel, CIENA, Corning, Fujitsu, Lucent, Nortel and Pirelli.
<<<

Which was disclosed in the same Bloomberg article, para 9:
>>>
Muller said customer interviews are 'a very standard part' of an antitrust review, noting that the company was required to provide names and phone numbers of customers in its merger filing.
<<<

One could clearly argue that Bloomberg knew Harrison's (Alcatel's?) position on Tuesday, judging from the information divulged in the article, and held until <A HREF="http://www.cnetinvestor.com/newsitem-bloomberg.asp?symbol=81841043&Ticker=JDSU">the Wednesday morning piece</A>. If this were the case, why would Bloomberg hold this news, especially given that any other news service could do some quick DD, call the few customers listed, (actually call the FIRST customer listed,) and 'scoop' the story?

Probably because nobody else could find the news. Harrison is the only one talking, and he's only talking to Bloomberg. In return, Bloomberg does him a favor and paraphrases his desires in para 3 of the Wednesday article:
>>>
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.
<<<

But Harrison is not really saying it, because it doesn't have quotes around it. Para 8 makes it clear that Harrison is a rogue, and does not officially represent Alcatel to the DOJ, or anyone for that matter, even though he's been paraphrased:
>>>
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.
<<<

Then follow that up with para 11, in which Harrison discloses JDSU's diligence in attempting to satisfy Alcatel, it becomes clear that Harrison may be pulling JDSU strings after all:
>>>
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.
<<<

In my prior post, I presumed that Harrison had been played by a newsie. Not anymore. I think Harrison was squeezing JDSU, and Bloomberg was more than happy to provide the vice. The fascinating question is whether or not Harrison acted with the implicit direction of Alcatel, regardless of the <A HREF="http://www.cnetinvestor.com/newsitem-bloomberg.asp?symbol=81942039&Ticker=JDSU">press release</A> from Alcatel this morning. We'll probably never know.

-CodeMogul