Investigation Overview
San Diego, Nov. 28, 2011 (Shareholders Foundation) -- Following a media report about a possible sale of Achillion Pharmaceuticals, Inc. an investigation on behalf of investors of Achillion Pharmaceuticals, Inc. (NASDAQ:ACHN) concerning whether a potential takeover would be unfair for NASDAQ:ACHN stockholders and whether certain Achillion Pharmaceuticals directors breach their fiduciary duties in the event of an acquisition.
The investigation by a law firm is at a preliminary stage and monitors a possible takeover. It concerns whether Achillion Pharmaceuticals Inc, certain of its officers and directors, and/or others breach their fiduciary duties owed to Achillion Pharmaceuticals (NASDAQ ACHN) investors in connection with the takeover rumors or in the event of a takeover.
A media report cited the CEO of Achillion Pharmaceuticals who reportedly said that the biopharmaceutical company is in in advanced discussions with potential buyers or partners. Following the report shares of Achillion Pharmaceuticals, Inc. (ACHN) jumped from $5.24 to $6.15 per share during Friday, Nov. 18, 2011.
However, shares of Achillion Pharmaceuticals, Inc. grew from 2009 to mid 2011 at an exceptional growth rate. NASDAQ:ACHN stocks rose from as low as $0.75 per share in January 2009 to over $8 per share in July 2011. Additionally, at least one analyst has set the high target price at $18 per share and the median target price was set at $10 per share.
Therefore the investigation by a law firm questions whether a potential sale process and the potential price would be unfair to the shareholders of Achillion Pharmaceuticals, Inc. (Public, NASDAQ:ACHN). The investigation focuses whether the Achillion Pharmaceuticals board of directors will undertake an adequate a fair sales process to obtain fair consideration for all shareholders of Achillion Pharmaceuticals, Inc. (NASDAQ:ACHN) and will breach their fiduciary duties to Achillion Pharmaceuticals (ACHN) shareholder by failing to adequately shop the Company before entering into any transaction. The investigation concerns also whether the acquirer would underpay for NASDAQ:ACHN shares, thus unlawfully harming ACHN investors. A potential class action lawsuit would seek to maximize the amount of money and information Achillion Pharmaceuticals shareholders would receive in a buyout, so the law firm.