PHOENIX Roche Holding moved closer yesterday to acquiring Ventana Medical Systems when a federal judge issued a preliminary injunction stopping Ventana from using parts of an Arizona anti-takeover law that was going to be used to fight off the buyout.
Roche is seeking to make the anti-takeover law declared unconstitutional. The law states that Roche, even if a controlling shareholder, would have to wait three years to take control of the company.
Roche did though extend its deadline for the offer to buy the medical testing devices maker until 5 p.m. Sept. 20. The disagreement with the two companies is money, as Roche wants to pay only $75 per share as compared to the $83.58 price that each share rose to yesterday, according to the Associated Press. Nearly a month ago, Ventana said in a statement to its shareholders that the "board of directors continues to believe that Roche’s bid is wholly inadequate and recommends that stockholders not tender any of their shares to Roche. Not only is the offer significantly below our current market price, it does not even come close to reflecting the intrinsic value of the company, its strong growth prospects in an accelerating market and the synergy value of Ventana to Roche."