2nd UPDATE:Russian Investor Acquitted By Swiss Criminal Court
24 9월 2010 - 1:32AM
Dow Jones News
Russian investor Victor Vekselberg Thursday was acquitted by the
Swiss federal criminal court of having breached the country's
bourse rules, escaping a potential 40 million Swiss franc fine that
risked souring relations between Russia and Switzerland.
Vekselsberg, who leads Russian investment firm Renova Group, had
been charged by the Swiss finance ministry and the Swiss financial
market supervisory authority to have built an illegal shareholder
group together with two Austrian businessmen in their pursuit of
taking over a controlling holding in Swiss industrial conglomerate
OC Oerlikon AG (OERL.EB).
Switzerland's federal criminal court, however, found no evidence
the investors formed a group to jointly gain control of Oerlikon.
Renova and Victory, the company headed by Austrian investors Ronny
Pecik and Georg Stumpf, own a majority stake in the Swiss firm of
about 49.6%. They started to build up their stake in 2006, when the
company was known as Unaxis AG.
The Austrian businessmen had also each faced a 40 billion Swiss
franc fine; both were also acquitted.
The finance ministry's charge and its unusual push for a massive
fine for the Austrian and Russian investors--the highest ever
demanded in Switzerland--risked undermining relations between
Switzerland and Russia, where many large Swiss corporations are
active.
In January, Russia's finance minister Alelxei Kudrin had said
that the large fine levied against Vekselberg risked creating
tensions between the two countries and may lead to "a number of
uncertainties, which cause a sensitive reaction of the Russian
government."
In the wake of the row, Swiss food and beverages giant Nestle SA
(NESN.VX) had been denied permission to import baby food products
in Russia. Airline Swiss, a unit of Deutsche Lufthansa AG (LHA.XE),
had difficulties obtaining permission to fly over Russia on its
route to China.
Although hailed by many as a potential savior of Switzerland's
industrial sector, Vekselberg's arrival in Switzerland had been
marked by a series of critical media reports that questioned the
billionaire's business practices.
Vekselberg's rationale for taking over and building up large
stakes in Swiss industrial firms such as Oerlikon, oil and gas
supplier Sulzer AG (SUN.EB) and textile machinery producer Rieter
Holding AG (RIEN.EB) had also been scrutinized. Many feared the
billionaire would handle the holdings as pure investments and split
up the companies and slash thousands of jobs.
Vekselberg, who couldn't be reached for comment Thursday, had
repeatedly said that his investments in Switzerland were meant to
tap the large business opportunities offered by the companies.
Still, his investments in firms such as Oerlikon, which is
currently suffering from the global economic downturn, have so far
failed to produce the hoped-for returns.
Renova, meanwhile, said the ruling by the Swiss criminal court
showed that the transactions regarding Oerlikon represented
"nothing more than the normal market behavior of two independent
shareholders." Pecik and Stumpf couldn't be immediately reached to
comment further.
The Swiss finance ministry, meanwhile, hasn't decided whether it
would appeal, a spokesman said, noting the next step would be the
Swiss federal court, Switzerland's highest. A similar case
involving Vekselberg's investment in Sulzer is still pending.
Renova holds a stake of about 31.2% in the firm.
-By Goran Mijuk, Dow Jones Newswires, +41 43 443 80 47;
goran.mijuk@dowjones.com