Anne Wojcicki still wants her 23andMe. This time, she is requesting that the auction be reopened for more bids–hers, along with a new backer. The unnamed “Fortune 500 company with a current market capitalization of more than $400bn and $17bn in cash” is interested in participating only with her TTAM Research Institute, described as a “California non-profit public benefit corporation” (PBC). The 12 June date would allow TTAM plus the unknown backer to offer additional bids, as well as Regeneron, as requested in the filing.
The filing with the US Bankruptcy Court for the Eastern District of Missouri was made this past Saturday, 31 May. No date was revealed for the approval, which would have to be fast.
Regeneron, a $66 billion company, won the three-day auction on 16 May with an all-cash bid of $256 million. It included the Personal Genome Service (PGS) and Total Health and Research Services business lines–but not Lemonaid, which will be shut down. As is usual, it requires final approval by the court, approval under the Hart-Scott-Rodino (HSR) Act, and customary closing conditions. The bankruptcy court was scheduled to hold the approval hearing on 17 June, which would be after any reopened bidding. TTA 21 May
During the 14-16 May auction, TTAM’s formal bid was $150 million. Legal and financial advisers to 23andMe had reservations about the financial resources of TTAM and both the value and liquidity of its portfolio assets. The Wojcicki filing states that the 23andMe advisers had improperly and unfairly capped TTAM’s highest bid to $250 million. TTAM claimed that their bid would have exceeded $280 million.
According to the Financial Times, if the court permits a reopening of bids for 23andMe, Ms. Wojcicki’s bid would compete with any Regeneron offer, but offer a “last look” to them to top any offer from TTAM along with a $10 million termination fee. FierceBiotech
One wonders where the egos shake out. Regeneron Pharmaceuticals has sound reasons for acquiring 23andMe’s genomic data to add to its developing genomics research. The price, based on our own estimate of over 10.85 million users left providing consent, was generous on a per-user basis. But you really do have to wonder why Anne Wojcicki cannot let go and say ‘enough’.
This Editor, while not a mindreader nor an attorney, believes that the Missouri court may look upon Ms. Wojcicki’s new filing with a severely jaundiced eye.
- There was plenty of time for Anne Wojcicki to line up a fully backed bid for 23andMe to best any rival. Buyers were in the pipeline in early April, though not a single bidder rumored in the April ‘early line’ made it anywhere near the finals.
- 23andMe advisers, who would have access to 23andMe’s board and debtors, would also have access to information about Ms. Wojcicki’s resources. She made multiple lowball bids for 23andMe prior to the bankruptcy, including a bid with New Mountain Capital that disappeared in a week before even being presented to the board.
- The court, which could have stopped the bidding process, evidently agreed with the advisers.
- The court’s purpose is to work through the bankruptcy and make the best out of what is available to satisfy the company’s debtors and a potential buyer.
- Finally, there is Anne Wojcicki. She was the CEO from the founding to the bankruptcy, including an astronomical public offering via a SPAC. She was not a CEO in name only, with tight control over management and the board, backed by effective full control over the public company via her special class of shares. Moreover, she has not taken any responsibility for mistakes, including the 2023 coverup of their database hacking that the company blamed upon users reusing passwords. Au contraire.
Considering the above, it’s hard to believe that at this point that Anne Wojcicki and her bid, backed by an undisclosed company, would have any credibility with the court. But let’s see what the court says. We won’t have long to wait.
Updated 5 June: Wojcicki has presented a $305 million bid to the court. Yahoo Finance
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