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June 2, 2013

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LVMH faces top fine over Hermes stake

A BATTLE between French luxury handbag makers spilled out into the public eye on Friday with market regulators seeking the maximum fine for Louis Vuitton owner LVMH for failing to disclose moves to build a stake in rival Hermes.

The row centers around deals, first disclosed in late 2010, by LVMH owner and France's wealthiest man Bernard Arnault that have left the firm with a roughly one fifth stake in its biggest rival, the producer of the iconic Kelly and Birkin handbags.

Arnault, who has built LVMH by acquiring brands over the last decade, says he is happy to remain a long-term shareholder, while some industry observers say he may be playing a long game in the hope of someday convincing Hermes' family owners to sell out.

Hermes owners have fought tooth and nail against Arnault, however, since discovering LVMH had built up an initial 14 percent stake.

Regulator AMF said on Friday that LVMH's dealings regarding its stake building in Hermes were opaque and represented grave misconduct which could even be regarded as "fraudulent behavior."

LVMH, which now owns 22.6 percent of Hermes, surprised the stock market in October 2010 when it announced it had a 14 percent stake, gained partly via derivatives that allowed it to not declare its holding.

The AMF said LVMH should have disclosed in its accounts the size of its exposure to Hermes shares through equity derivatives acquired in 2008 as well as the fact it had a Hermes stake of just under 5 percent acquired in 2001 and 2002.

In France, companies are required to disclose when they take a stake worth more than 5, 10 and 15 percent of another company's capital if the target is listed on the stock market.

Hermes is also challenging LVMH's stake building in a separate court procedure. The AMF finding will not have any impact on the court case.

The amount of the fine, 10 million euros (US$13.05 million), is small change for a group whose market value is around 70 billion euros but the regulator's decision is a public relations setback for Arnault, who owns 60 luxury brands.

Arnault owns Louis Vuitton, the world's biggest luxury brand in terms of revenues, together with a string of fine wine and spirits makers including Hennessy cognac and Moet & Chandon champagne.

Hermes' spectacular growth into a brand worth over 3 billion euros in annual sales has whetted Arnault's appetite.




 

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