Regulatory News:
In response to the recent press release in which Carrefour denies having
any hostile intentions toward Casino (Paris:CO), and claims that the
agreements between Casino and the Diniz Group do not prohibit talks or
negotiations, Casino notes that:
(1) Carrefour's concealment of months of negotiations for the control of
the Brazilian company CBD amply demonstrates Carrefour’s hostility. Had
Carrefour not had hostile intentions, it surely would have informed
Casino, the most significant shareholder and holder of joint control of
CBD, of Carrefour’s intentions.
(2) Such negotiations are clearly forbidden by both the letter and the
spirit of the relevant agreements, which are public. Casino is confident
that its position will prevail before the relevant courts and tribunals
that will consider this matter. In this respect, the Nanterre Court of
Commerce emphasized in its decision of 24 June 2011 that:
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"Carrefour, already active in Brazil for many years, is well aware
of the agreements between Casino and the Diniz group, including the
reciprocal duty of fairness imposed thereby".
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"In knowingly entering into negotiations aiding a potential breach
of contractual agreements, Carrefour has exposed itself to potential
tort liability to Casino".
Accordingly, contrary to Carrefour’s claim, a transaction of this nature
requires full disclosure and a respect for the rights of all the parties
involved.
