EMC To Re-File Hart-Scott-Rodino Premerger Notification

EMC Corporation announced that it will voluntarily re-file its notification under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 in connection with its all-cash offer to acquire all of the outstanding common stock of Data Domain, Inc. for $30 per share in order to begin a new 15-day waiting period. Because EMC’s offer to acquire all of the outstanding common stock of Data Domain was cleared to the Federal Trade Commission (FTC) for review only this past Monday, June 15, the company will take this procedural step of re-filing its notification in the immediate term to ensure that the FTC has adequate time to review the transaction.

Paul T. Dacier, EMC’s Executive Vice President and General Counsel, said: "We continue to anticipate a routine review by the Federal Trade Commission of our offer to acquire Data Domain, and we believe we will receive regulatory approval in a timely manner. Our $30 per share all-cash offer to acquire Data Domain is not only superior, but it also delivers to Data Domain stockholders the price certainty and price protection its management team and board stated were important priorities when they negotiated the terms of their agreement with NetApp."