July 12, 2013 (Shareholders Foundation) - An investigation on behalf of investors in Harris Teeter Supermarkets Inc (NYSE:HTSI) shares was announced concerning whether the offer by The Kroger Co to acquire Harris Teeter Supermarkets Inc for $49.38 per NYSE:HTSI share and the takeover process are unfair to investors in Harris Teeter Supermarkets shares.
The investigation by a law firm concerns whether certain officers and directors of Harris Teeter Supermarkets breached their fiduciary duties owed to NYSE:HTSI investors in connection with the proposed acquisition.
On July 9, 2013, The Kroger Co. (NYSE: KR) and Harris Teeter Supermarkets, Inc. (NYSE: HTSI) announced a merger agreement under which the Kroger Co. will purchase all outstanding shares of Harris Teeter Supermarkets, Inc for $49.38 per share in cash.
However, given that at least one analyst has set the high target price for NYSE:HTSI shares at $50.00 per share and that the $49.38-offer represents a premium of only 1.78% based on Harris Teeter's closing price on July 8, 2013, the investigation by a law firm concerns whether the offer is too low for NYSE:HTSI stockholders. More specifically, the investigation focuses on whether the Harris Teeter Supermarkets Board of Directors undertook an adequate sales process, adequately shopped the company before entering into the transaction, maximized shareholder value by negotiating the best price, and acted in the shareholders' best interests in connection with the proposed sale.
Harris Teeter Supermarkets Inc (NYSE:HTSI) reported that its Total Revenue rose from over $3.82 billion for the 52 weeks period that ended on Sept. 27, 2009 to over $4.453 billion for the 52 weeks period that ended on Oct. 2, 2012.
Shares of Harris Teeter Supermarkets Inc (NYSE:HTSI) grew from $19.51 per share in March 2009 to as high as $48.47 per share in June 2013.
On July 12, 2013, NYSE:HTSI shares closed at $49.34.