NYSE Euronext Investor Sues Over $8.2 Billion ICE Bid

NYSE Euronext (NYX) was sued by an investor who claims the exchange is worth more than the $8.2 billion that IntercontinentalExchange Inc. (ICE) bid for it.

NYSE Euronext directors failed in their duty to maximize the value of the company’s stock, shareholder Samuel T. Cohen said in a lawsuit filed yesterday in Delaware Chancery Court in Wilmington.

Cohen asked the court to block the takeover under present terms, contending the offer is being made “for inadequate consideration and through a flawed process.”

IntercontinentalExchange, based in Atlanta, said yesterday that it would pay $33.12 for each share of New York-based NYSE Euronext. NYSE Euronext shareholders can choose cash, stock or a combination of the two.

NYSE Euronext fell 20 cents to $32.05 at 11:24 a.m. in New York Stock Exchange composite trading. The stock rose 34 percent with yesterday’s announcement.

Robert Rendine, a spokesman for NYSE Euronext, declined to comment on the lawsuit.

The case is Cohen v. NYSE Euronext, CA8136, Delaware Chancery Court (Wilmington).

To contact the reporter on this story: Phil Milford at pmilford@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net

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