Buffett's New Buyout Battle

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Who said the French were cheese-eating surrender monkeys?

It appeared back in October that after being rebuffed, Electricite de France -- EDF for short -- had skulked off, leaving MidAmerican Energy, a cornerstone of Warren Buffett's Berkshire Hathaway (NYSE: BRK-A) (NYSE: BRK-B) empire, to scoop up Constellation Energy (NYSE: CEG) for a song. Nevertheless, EDF is back in the fray in a big way, having made a fresh offer for 50% of Constellation's nuclear business.

This is turning out to be the hottest nuclear tussle this side of Exelon's (NYSE: EXC) bid for NRG Energy (NYSE: NRG). When it comes to Constellation, it was always about the nukes. I suspected as much back in September.

EDF's big bid will be hard for Buffett and Co. to beat back. The firm is offering $4.5 billion for the nuclear half-stake, which approaches the price MidAmerican had placed on Constellation's entire business. The proposal includes $1 billion upfront, plus a put option allowing Constellation to sell up to $2 billion of non-nuclear assets to EDF.

Considering the significant growth aspirations of the principals running MidAmerican, I would not expect Berkshire to back down easily. Still, one-upping the EDF offer would change the deal calculus quite drastically, and Buffett's next move will tell us a lot about the remaining margin of safety here.

For Fools thinking about grabbing Constellation shares at this juncture, I would be hesitant unless there's another market meltdown, taking the shares back down to their prior levels. But for those who bought in to the merger arbitrage over the past month or two, congratulations. Now that the bidding war is back in place, additional gains are pure gravy.

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Fool contributor Toby Shute doesn't have a position in any company mentioned, but the Fool owns shares of Berkshire Hathaway. The Motley Fool has a disclosure policy.

Comments from our Foolish Readers

Help us keep this a respectfully Foolish area! This is a place for our readers to discuss, debate, and learn more about the Foolish investing topic you read about above. Help us keep it clean and safe. If you believe a comment is abusive or otherwise violates our Fool's Rules, please report it via the Report this Comment Report this Comment icon found on every comment.

  • Report this Comment On December 03, 2008, at 10:21 PM, TOR400 wrote:

    Please check out the financing for this deal. JP Morgan is using a lending facility provided by the Fed to help finance a French owned company to buy a US Company. The U.S. Federal Reserve Bank crowds out a U.S. company (Berkshire) by providing the financing for a French owned company (EDF) to buy Constellation. I give up.

  • Report this Comment On December 04, 2008, at 7:44 AM, whereaminow wrote:

    What? TOR400, do you mean to tell me that a private bank with a monopoly on the creation of money would use that power to assist well connected friends in order to benefit the few at the expense of the many? That's not what FoxCNNmsnbc told me. You must be one of them darn conspiracy theorists. Next you'll probably tell me some nonsense about the gold standard, competing currencies, and such.

    Viva Rothbard!

    (p.s. in case you haven't heard of it, Rothbard's "The Case Against the Fed" was jaw droppingly prescient)

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