Why Elon Musk Is Probably Going to Get Away With It
2 years, 5 months ago

Why Elon Musk Is Probably Going to Get Away With It

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This article is from Big Technology, a newsletter by Alex Kantrowitz. The court may order Musk to buy Twitter at the agreed-upon price—via a “specific performance” clause in the contract that forces it—but that’s an unusual step the court isn’t fond of taking. “They would only do it if they’re convinced there’s not an adequate remedy at law, such as monetary damages.” The court may be particularly hesitant to order Musk to close the deal because it understands he might not comply, a seemingly preposterous notion that somehow carries weight. “The problem with specific performance,” she said, “especially with Elon Musk, is that it’s unclear whether the order of the court would be obeyed.” The court could fine Musk for noncompliance daily, Berger said, but the fines would simply pile up on a ledger and might not result in any action. The Delaware court’s chancellor, Kathaleen McCormick, has forced mergers in the past, and has written that the court “has not hesitated to order specific performance.” But the risk of failing to get the specific performance order, and landing only $1 billion in damages, could make a settlement for more than $1 billion appealing for Twitter.

History of this topic

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