
A month ago, Freeport-McMoRan (NYSE:FCX) agreed to buyout Phelps Dodge (NYSE:PD) for $25.9 billion. The deal would result in the world's largest publicly trader copper producer.
However, a mega hedge fund, SAC Capital, is not happy with the deal and is doing something about it. Today we learn that the fund has bought about 5.1% of Phelps Dodge.
Because of this large purchase, SAC had to file a disclosure document with the SEC (known as a 13D). In it, the fund gives reasons for the purchase:
The Reporting Persons believe that the terms of the proposed FCX transaction would not provide full and fair value to the Issuer's shareholders and would deprive them of their ability to maximize the return on their investment. The Reporting Persons believe that the proposed FCX transaction offers few, if any, synergies to the combined operation, and would use the Issuer's balance sheet to fund the purchase in what is essentially a public recapitalization that would create disproportionate value for FCX shareholders at the expense of the Issuer's shareholders. In addition, the Reporting Persons believe there is unrecognized long term value that the Issuer's shareholders would forego if they sold their shares at FCX's proposed terms. Accordingly, the Reporting Persons currently intend to vote against the proposed FCX transaction.
SAC has a great track record, and no doubt sees Phelps Dodge as undervalued. With some pressure, Freeport-McMoRan may boost the price tag. Or another bidder may come to the table.
This perhaps points to a new trend: hedge funds may start using more activist approaches with their investments. With the surge in M&A activity, there is a lot of opportunity for this.
Tom Taulli is the author of various books, including the Complete M&A Handbook and operates DealProfiles.com.