LVMH got cold feet and wants to ditch its proposed marriage to Tiffany. But legal experts say the French luxury goods giant will have a hard time trying to walk away from its $16 billion deal.
The iconic American jeweler sued LVMH last week after the maker of Louis Vuitton handbags said it could not complete the acquisition.
A judge in the top U.S. business court will weigh in on the matter for the first time Monday when the Delaware Court of Chancery hears Tiffany’s request to fast-track the case.
LVMH pointed the finger at a French government request to delay the close and Tiffany’s deteriorating business outlook due to the pandemic.
On Wednesday it accused Tiffany of mismanaging the financial fallout. It contends the material adverse effect that triggered nullifies their deal.
But legal experts say most mergers that end up in court wind up being renegotiated rather than dissolved. Delaware’s courts have set a high bar for buyers to back away from deals. Two decades ago, the Court ruled meat processor Tyson Foods had to complete its deal to buy rival IBP.
Tiffany declined to comment. LVMH said in a statement, “Tiffany clearly fears a serene and fair rendering of justice.”
Tiffany wants a ruling before the November deadline for completing the deal.