* EMC plans to raise Data Domain bid versus NetApp-sources
* EMC has room to go to $34-$35 a share - sources
* Analysts say EMC in stronger position than NetApp
* Wild card: antitrust concerns could hamper EMC
(Adds analyst and investor comment, antitrust, background)
By Jim Finkle and Anupreeta Das
BOSTON/NEW YORK, June 12 (Reuters) - EMC Corp intends to raise
its bid for Data Domain Inc to thwart rival suitor NetApp Inc, and
could offer as much as $35 per share, sources familiar with the
matter said.
The top maker of data storage equipment, EMC, has already
offered $30 a share, or $1.8 billion cash, for Data Domain but the
specialty storage technology company chose NetApp after it raised
its $25-a-share offer to match EMC's price.
EMC's strategy, according to one of the sources who has
knowledge of its thinking, is to either win Data Domain, or at
least drive the price high enough to make the acquisition very
expensive for NetApp and weaken the smaller rival's finances.
Analysts say EMC has the stronger balance sheet and can easily
outbid NetApp, but the wild card is whether antitrust regulators
could scupper a deal because of EMC's leading position in the
storage equipment market.
EMC has about $7.1 billion in cash, including $4 billion in
the United States, and could go as high as $34 to $35 per share,
said another source. All the sources requested anonymity because
no final decisions have been made.
"EMC is in the win-win box and NetApp is in the lose-lose
box," said the person with knowledge of EMC's thinking. "EMC can
pay more than NetApp can in a reasonable range. If NetApp wants to
pay at an unreasonable range, that's good for EMC."
Both bidders make hardware and software that let companies
store, manage and back up their data. They want Data Domain's
technology because it eliminates duplicate data during back-up
processes, thereby saving companies costly storage space.
Data Domain's board last week advised shareholders to accept
NetApp's cash-and-stock bid, saying it offers better value. NetApp
has said the stock component of its offer will allow Data Domain
shareholders to benefit from the growth of the combined company.
The board of Data Domain is expected to make a formal
recommendation on EMC's bid on June 16. A date for a shareholder
vote on the NetApp deal has not yet been set.
Investors already are expecting offers to go up in the bidding
war, which is rare in the tech sector. Shares of Santa Clara,
California-based Data Domain have been trading around $33 since
EMC stepped in with its counteroffer on June 2.
Data Domain stock rose as much as 3.3 percent to $34.35 in
Friday afternoon trading on the Nasdaq. NetApp shares were down
1.8 percent at $19.57 and EMC was down 0.2 percent at $13.05.
SOME INVESTORS PREFER EMC
Wedbush Morgan Securities analyst Kaushik Roy said five Data
Domain shareholders told him they prefer an all-cash offer over a
cash-and-stock deal because it gives them flexibility to invest
the proceeds as they wish.
One fund manager, who sold out of Data Domain after EMC made
its hostile bid, said he believed EMC would end up winning the
battle. "They'll have to negotiate a higher price," said the fund
manager, who is not authorized to speak to the press.
He added that he was annoyed with Data Domain's board for
accepting NetApp's offer without first talking to other potential
suitors. EMC and Data Domain have met several times in the past to
talk about business partnerships and even a merger, sources told
Reuters earlier.
EMC Chief Executive Joseph Tucci will likely hold off on
raising his bid until shortly before Data Domain shareholders meet
to vote on NetApp's offer, because doing so will force the board
to call off that gathering to evaluate the new proposal, the
person familiar with EMC's thinking said.
With nearly $15 billion in annual revenue, EMC has much more
financial heft than NetApp, whose revenue was $3.4 billion in the
last fiscal year.
With about $2.6 billion in cash as of April 24, NetApp does
have the ability to raise its offer by "a couple of bucks," said
one source who has studied NetApp's balance sheet. But even that
may stretch NetApp's finances.
"We are not going to speculate about hypothetical situations,"
NetApp Chief Marketing Office Jay Kidd said in an e-mailed
statement. He added that NetApp is confident its offer is better
value for shareholders, customers and employees.
Spokespersons for Data Domain and EMC declined comment on the
bidding.
ANTITRUST CONCERNS
NetApp is at least partly relying on the possibility that
antitrust regulators will raise red flags about an EMC-Data Domain
combination. NetApp claims its products are more complementary
with Data Domain's back-up technology, whereas EMC's products
compete more directly.
But a spokesman for EMC said, "We anticipate no substantive
antitrust delay. This anti-trust focus may signal desperation on
NetApp's part."
Gartner analyst Dave Russell said NetApp's claim has some
merit, noting that EMC and Data Domain are the two top players in
the estimated $3 billion market for deduplication software. Other
providers are Symantec Corp, IBM and Quantum Corp, which has a
partnership with EMC.
NetApp's technology is different, he said, because it deals
with redundant data before it is backed up by searching for
duplicate data in ordinary storage systems.
(Reporting by Anupreeta Das and Jim Finkle; Editing by Tiffany Wu
and Phil Berlowitz)