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A red light from Greenlight

2013-02-12 07:35:09

Feb 8th 2013, 1:27 by M.G. | SAN FRANCISCO

IN AN article about Apple published in The Economist last month, we looked at

the reasons for the steep fall in the company s share price since last autumn

and suggested that it might be tempted to use some of its $137 billion cash

mountain in order to give its stock a fillip. Lo and behold on February 7th the

company issued a statement saying that it was examining the possibility of

returning more money to shareholders. By the end of trading, its shares had

risen 3%, to $468.

Ever since Apple s near brush with bankruptcy in the 1990s, the company has

liked to have a mountain of cash in its coffers. Steve Jobs, its legendary

former boss, was renowned for refusing pressure from investors to hand back

some of its riches. But last year Apple s new chief executive, Tim Cook,

announced that it would start buying back some shares and paying a quarterly

dividend. The fuss over its mountain of money died down, but the cash kept

piling up: in its latest quarter Apple clocked up a whopping $23 billion of

operating cash flow, which raised more questions about what the firm would do

with such Croesus-like sums of money.

It is a high-class headache that other companies would dearly love to have. But

it has now become a legal headache too: before Apple issued its statement, news

emerged that Greenlight Capital, a hedge fund run by David Einhorn, a noted

activist investor (pictured), had sued the company because it believed Apple

was planning a move that would effectively prevent the tech firm from issuing

preferred shares. Apple maintains that after the change it will still be able

to issue such stock.

The lawsuit gave Mr Einhorn an opportunity to protest in the media about what

he sees as a kind of Depression-era mentality at Apple, which in his view means

that it stashes away far too much cash. The fact that the firm finds itself

under very public attack from a prominent shareholder is a sign of just how

much times have changed for the consumer-electronics giant, which has seen its

share price tumble from a high of more than $700 last September.

The stage is now set for an interesting tug of war between the tech firm and

hedge funds and other investors who have seen their returns dented by the steep

fall in Apple's share price. Many of them piled into Apple stock in the first

half of last year, partly in anticipation that it would start coughing up

dividends.

The spat is also significant because it underlines a growing tension between

Wall Street and Silicon Valley. On February 5th Michael Dell, the eponymous

founder of the world s third-largest personal-computer maker, and Silver Lake,

a private-equity firm, announced a $24.4 billion plan to take Dell private. Mr

Dell feels investors have failed to give him and his team enough credit for the

turnaround that he is trying to engineer at the company, whose shares have

underperformed the NASDAQ stockmarket index for quite some time.

Apple isn t likely to follow Mr Dell s lead in bidding farewell to the public

market. But nor is the firm suddenly going to loosen its purse strings

altogether. Instead, Mr Cook and the company s board will probably increase

somewhat the level of dividends and buybacks it has already announced, while

resisting calls to turn the company into one big iCash dispenser.