Electrolux-GE Antitrust Case Gets a Bit Heated
December 02 2015 - 5:40PM
Dow Jones News
WASHINGTON—A Home Depot Inc. executive testified Wednesday in
favor of Electrolux AB's planned acquisition of General Electric
Co.'s appliance business during occasionally contentious
proceedings in a government antitrust case.
Bob Baird, a Home Depot vice president for merchandising, said
the transaction would help a post-acquisition Electrolux "get more
innovative" and "compete on a better level" with such other
appliance makers as Whirlpool Corp., LG Electronics Inc. and
Samsung Electronics Co.
The Electrolux deal makes particular sense given GE's stated
interest in exiting the appliance business, Mr. Baird said. He was
testifying in the Justice Department's antitrust challenge to the
Electrolux-GE deal.
Electrolux called Mr. Baird to the witness stand as part of its
defense against the government's allegations that the GE deal would
be anticompetitive and would lead to higher prices for cooking
appliances. In representing a top retailer, Mr. Baird was sought to
testify about the impact on consumers by the proposed
acquisition.
Mr. Baird said Home Depot tries to push back when manufacturers
try to raise prices. He also said Electrolux was hemmed in by LG
and Samsung, brands that he said were more popular with consumers.
Electrolux must sell similar products more cheaply than its South
Korean rivals to win customers, he said.
"If they have the same price, they lose," Mr. Baird added.
The Justice Department, which is asking U.S. District Judge
Emmet G. Sullivan to block the transaction, fired back on multiple
fronts.
Department lawyer Ethan Glass said it wasn't always the case
that Home Depot sought to keep prices down for consumers, citing
several internal communications between Mr. Baird and appliance
makers in which the Home Depot executive appeared to encourage
manufacturers to raise prices on certain models.
In one email exchange, Mr. Baird indicated he had talked Samsung
into raising the price on a new range model by $100.
Mr. Baird said that example was out of the ordinary. He said he
believed Samsung was mispricing the range, which could have hurt
how consumers viewed the relative prices of other products.
Mr. Glass argued that Home Depot had an incentive to support the
Electrolux-GE deal because it would give the company leverage to
escape an agreement with GE that controlled how much floor space GE
appliances receive in Home Depot stores. Mr. Baird denied that his
position on the merger was related to that issue.
The Justice Department also suggested Mr. Baird himself was
overly cozy with GE. Mr. Glass noted the Home Depot executive owned
a substantial amount of GE stock, and he questioned a transaction
in which Mr. Baird bought more shares before the Electrolux deal
was formally announced.
Mr. Glass also said Mr. Baird last year gave a GE executive a
heads-up that Home Depot's shares were poised to have "a good day"
the following day when the company was due to announce
earnings.
Under questioning from Electrolux's lawyer, Mr. Baird said he
had no advance inside knowledge about the Electrolux-GE deal. He
also said his comment to the GE executive about Home Depot's coming
good fortune came after the stock market had closed, with the
company announcing its earnings before the market reopened the next
day.
The Justice Department filed suit in July to block the
Electrolux-GE deal. The trial began last month and is expected to
run into next week, with Judge Sullivan's decision expected early
next year.
Write to Brent Kendall at brent.kendall@wsj.com
Subscribe to WSJ: http://online.wsj.com?mod=djnwires
(END) Dow Jones Newswires
December 02, 2015 18:25 ET (23:25 GMT)
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