FedEx Corp. said Tuesday it had been informed that it won't be
challenged by European regulators in its acquisition of Dutch
parcel firm TNT Express NV, clearing one of the biggest hurdles in
the nearly $5 billion deal.
While the companies still must receive approvals from regulators
in other countries, the news was an unexpectedly easy pass from
Europe's antitrust cops, which blocked a similar deal between rival
United Parcel Service Inc. and TNT in 2013.
EU regulators opened a full-blown investigation into the deal in
July, warning that the merged company could face "insufficient
competitive constraints" in a number of European markets. They also
said they were examining how the merger could affect delivery
routes out of Europe.
"FedEx and TNT have been informed by the European Commission
that no statement of objections will be issued," the companies said
in a release. The transaction is still expected to close in the
first half of next year.
While executives at both companies have maintained the deal is
substantially different than Atlanta-based UPS's attempt because
FedEx's current operations in Europe are much smaller than UPS's
were, analysts and people close to the deal had largely expected EU
regulators to take a tougher stance—at least for appearance'
sake.
While it is surprising the regulators didn't put up more of a
fight, European approval was the first hurdle, and remaining
regulatory approvals should now follow, said David Vernon, a
transportation analyst with Sanford C. Bernstein & Co.
"The fact that the deal will get done is in line with our
expectations and we think most investors in FedEx were expecting
approval," Mr. Vernon said. He said that increasing the company's
business in Europe should eventually help make the company's
Express business more stable and less susceptible to cyclical
changes.
A FedEx spokeswoman said the Memphis-based company is making
timely progress on the necessary regulatory steps around the
world.
TNT stock closed up 10% at €7.55 ($8.55) after languishing about
15% under FedEx's offer price of €8 per share in recent weeks as
investors worried about a potential EU rebuttal. FedEx closed up 1%
at $154.
The deal, announced in April, would allow FedEx to acquire an
extensive ground network in Europe, making it a bigger player in
the burgeoning e-commerce market with an established door-to-door
road network in the region that connects more than 40 countries.
The acquisition would bring FedEx about 58,000 employees, 19 road
hubs and 550 depots to its portfolio. It would become the
third-largest player in Europe's international express-delivery
market, behind DHL and UPS.
"I think it is great for FedEx and TNT, great for European
shippers, and the EU got it right," said Rob Martinez, chief
executive of shipping consultant Shipware LLC, in an email. "The
acquisition makes strategic sense for FedEx to immediately grow its
European capabilities, distribution footprint and market
share."
Until now, FedEx has largely had only limited options for
shipping within Europe, instead focusing its energy on
international delivery services, analysts say. Combining the two
networks will make it a major competitor overnight, with very
little overlap in operations.
"Even when you put FedEx and TNT together, it is still a pretty
competitive market, and it makes a stronger competitor," said Ivan
Hofmann, principal at ETC & Associates and former executive
vice president and chief operating officer at FedEx Ground.
EU regulators care strongly about jobs, he said. UPS and TNT had
significantly more overlap and would have cost too many. "Right now
they're probably breaking out the champagne in Memphis, and in
Atlanta they're probably disappointed," he added.
A UPS spokesman said in a statement that the company is awaiting
the commission's official ruling "and looks forward to reviewing
the official decision once it is made public by competition
authorities."
The delivery giant has previously said it would accelerate its
growth strategy to invest more than $2 billion in Europe over five
years.
"UPS customers will be able to rely upon the same high levels of
service across our global network even as we continue to expand and
upgrade our capabilities," the spokesman added.
UPS's acquisition attempt was derailed in part by its inability
to find a large enough purchaser for assets the European Commission
mandated it shed. At the time, UPS revised its €5.2 billion
proposal, then valued at nearly $7 billion, three times but failed
to satisfy the EU's concerns. UPS is appealing that decision, with
a court hearing expected by year's end. If UPS were to win, it
could bid again if the FedEx deal has yet to go through, although
analysts say this scenario is highly unlikely.
Separately Tuesday, FedEx received additional good news as it
found out that its pilots voted in favor of a new six-year contract
agreement. Following years of negotiations, the Air Line Pilots
Association said the new agreement includes higher hourly wages,
new-hire compensation, a "significant" signing bonus, retirement
plan enhancements and work-rule improvements.
The agreement comes before the all-important peak holiday season
arrives for the delivery company
Tom Fairless in Brussels contributed to this article
Write to Laura Stevens at laura.stevens@wsj.com
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(END) Dow Jones Newswires
October 20, 2015 18:25 ET (22:25 GMT)
Copyright (c) 2015 Dow Jones & Company, Inc.
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