• Posted on Thursday, January 20, 2011
  • Bookmark and Share
  • email
  • |
  • print
  • |
  • rss

tool name

close
tool goes here

Duke Energy, Progress Energy merger faces legal challenge

email this story print this story jump to comments

More on this Story

Lawsuits seeking to block Duke Energy's merger with Progress Energy have begun rolling into Wake County Superior Court.

Less than two weeks after the two North Carolina power companies said they would form the nation's biggest electric utility, at least five Progress shareholders have sued to stop the deal. More are expected to file lawsuits in coming weeks.

Their beef: Duke is not paying Progress shareholders enough for their stock. The lawsuits seek class-action status so they can represent all Progress shareholders.

The suits follow announcements, issued by law firms within days of the merger announcement, seeking shareholders who want to sue.

"We're trying to stop the merger from going forward so that the value of the stock held by Progress shareholders is maximized," said Gary Jackson, a Charlotte lawyer who filed several of the cases on behalf of lead law firms in New York and Pennsylvania. Lawyers at those firms declined to comment.

Jackson said the suits could force Duke to increase its offer to Progress shareholders. If the court allows the merger to go ahead, the suits would likely seek to collect money damages for the shareholders.

Virtually all mergers are followed by shareholder lawsuits, but it's unusual for such suits to derail a deal. Executives who structure mergers are themselves shareholders and typically line up support from their biggest institutional investors.

Duke and Progress have touted the merger as a boon to shareholders and customers alike, saying the bigger combined company will be better positioned to build nuclear plants, boost stock value and manage electricity costs. The deal is not expected to be completed until later this year at the earliest.

To read the complete article, visit www.newsobserver.com.

  • Bookmark and Share
  • email
  • |
  • print
  • |
  • rss

tool name

close
tool goes here
JOIN THE DISCUSSION

We welcome comments. To post one, you must sign in using either your McClatchyDC login or your login for Facebook, Twitter or Disqus. Just click the appropriate box below.

Please keep your comment civil, short and to the point. Obscene, profane, abusive and off topic comments will be deleted. Repeat offenders will be blocked. If you find a comment abusive or inappropriate, please flag it for the moderator by placing your cursor on the comment, then clicking the "flag" link that appears. Thanks for your participation.

Stay Connected

Sign up for email newsletters RSS
Follow us on your iPhone Follow us on your Android device
Follow us on Facebook Follow us on Twitter Follow us using Google Currents