[Milsurplus] EBay starts (Free) Classified Site - OT
Bruce
bsugarberg at core.com
Tue Mar 30 14:26:17 EDT 2010
Hello,
In April 2008, eBay announced it was suing Craigslist to "safeguard its
four-year financial investment." eBay claimed that in January 2008,
Craigslist executives took actions that "unfairly diluted eBay's economic
interest by more than 10%." In response, Craigslist filed a countersuit
against eBay in May 2008 "to remedy the substantial and ongoing harm to
fair competition" that Craigslist claims is constituted by eBay's actions
as Craigslist shareholders.
From TechCrunch
---------------
Following the lawsuit eBay filed against Craigslist two weeks ago,
Craigslist is punching back today. In a countersuit (complaint embedded
below), Craigslist wants back the 28.4 percent of its shares that eBay
bought in 2004. It also wants the court to award Craigslist eBay’s related
profits, and punitive damages on top of it all. Craigslist is accusing eBay of:
"unlawful and unfair competition, misappropriation of proprietary
information, deceptive passing-off, business interference, false
advertising, phishing attacks, free-riding, trademark infringement,
trademark dilution, and breaches of fiduciary duty."
The complaint ... goes on to allege that eBay used its position as a large
minority shareholder to try to learn competitive secrets from Craigslist,
while launching competitor Kijiji in Europe. Now that Kijiji has entered
the U.S. and is going straight for Craigslist, the gloves are off.
From the Craigslist Blog:
-------------------------
Delaware Trial Begins
Trial starts in Delaware today, with eBay claiming craigslist’s directors
acted inappropriately in implementing governance measures designed to
protect the long term mission and values of craigslist.
Separately, craigslist has filed suit in California charging eBay with
unlawful and unfair competition, misappropriation of proprietary
information, business interference, false advertising, phishing attacks,
and breaches of fiduciary duty. This suit will proceed after the Delaware
trial, but will probably not be presented to the jury until late 2011.
Delaware testimony will encompass eBay’s 2004 purchase of craigslist stock
from a former shareholder. craigslist is a private company that does not
publish its financial information, and eBay and craigslist both agreed that
the terms of this transaction should not be made public. However, these
details will now likely be subject of testimony at trial.
As a condition for its 2004 stock purchase from a former shareholder, eBay
insisted on acquiring special rights over Craig’s and Jim’s shares (e.g.
rights-of-first-refusal over any sale of their shares), and special rights
from craigslist (e.g. veto rights over mergers and acquisitions), for which
it collectively paid $16 million. This sum was distributed to craigslist’s
shareholders, in part because had it not been distributed, eBay would have
had a pro rata claim on any portion retained by the company, effectively
paying itself for the rights it purchased. eBay’s special rights
terminated in 2007, when it launched Kijiji in the US.
Also subject to testimony will be eBay’s misconduct, and abuses by eBay of
its position as a shareholder of craigslist - evidence of and suspicions
regarding which informed the craigslist board when the corporate governance
protections in question were researched, deliberated upon, and ultimately
adopted.
73, Bruce WA8TNC
=============================
joldenburg2 at new.rr.com wrote:
> What's even odder than the fact that e-bay owns Craigs list is this site looks
> exacly like Craigs list on the search area home page. The e-bay style photo's on
> the item list's is nicer though.
>
> Perhap's this is the first move on them phasing out Craigs List???????????
> ---- David Stinson <arc5 at ix.netcom.com> wrote:
>
> =============
> I thought Ebay bought part of Craig's List.
> Why on Earth would they go to the expense
> to compete with their own investment?
> And how do "free" classifieds make money for them, anyhow.
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