Icahn Accuses Bristol Of Being Underhanded

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carlicahnCarl Icahn is showing his fangs. In a statement, ImClone’s chairman says Bristol-Myers Squibb’s $4.5 billion offer is way too low. He then maintains the bid was motivated, in part, because ImClone is developing a drug that may compete with Erbitux, the cancer med the two drugmakers jointly market. But Bristol may not have rights to this new drug. Bristol, you may recall, already owns 17 percent of ImClone.

Here’s the fun part: Carl, essentially, accuses Bristol ceo Jim Cornelius of trying to pull a fast one. The statement says that Icahn “was disturbed that one of the directors on the ImClone Board, who is the Bristol-Myers designee, was privy to the information discussed at previous meetings concerning the potential separation of ImClone into two separate components and how this restructuring might enhance stockholder value. Accordingly, the Board is reviewing whether Bristol-Myers had access to confidential information concerning ImClone and its pipeline.”

We love hardball tactics, especially those put on display for vicarious consumption. And who knows? Maybe Carl will turn around and buy up Bristol shares. After all, the stock is well below the $32 range it reached at this time last summer, the highest price reached in years. UPDATE: A Bristol spokesman tells Reuters the drugmaker believes it has rights to the experimental cancer drug, and denies acting on confidential info.

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  1. Underhanded? Absolutely! This type of behavior has been characteristic of BMS for the past 15 years - ever since the Bristol-Myers beancounters and the cronies took control and initiated the precipitous decline of the merged company.

  2. BMY Execs doing something perhaps unethical?

    Why would you ever think so?

    Inventory stuffing, Plavix backroom dealing, off-label promotion of Abilify, corrupt sales and marketing practices, not giving US Govt best price, paying to keep generics off the market.

    Deferred Prosecution Agreement, Corporate Integrity Agreement and $515 million settlement with US Govt for “no criminal acvtivity admitted”.

    Surely Mr. Ichan jests. Mr. Cornelius is only following in the grand tradition of prior BMY execs - get all you can for #1 while you can, its the American way.

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