Western Digital seeks court ban and still wants to stop Toshiba Semiconductor from selling its rivals

On September 27, Reuters reported that Western Digital Corp. has taken another legal step in its ongoing battle with Toshiba. The company is now seeking an injunction to block Toshiba from selling its valuable semiconductor business to a competing consortium. This move comes after Toshiba recently announced its decision to sell its chip division to a group led by Bain Capital and South Korean chipmaker SK Hynix.

Western Digital had previously invested in several of Toshiba's major chip manufacturing facilities alongside other investors. As a result, the company claims it has a significant stake in the semiconductor business and believes it must be involved in any major transaction involving the unit.

Despite this, the $18 billion deal between Toshiba and the Bain-led consortium remains unconfirmed. According to sources, Toshiba has yet to finalize the agreement, as Apple — one of the key members of the consortium — has not yet approved the critical terms of the deal. This delay could complicate the entire transaction and raise questions about the future of the sale.

Western Digital is now turning to the International Chamber of Commerce’s Court of Arbitration (ICC) to seek a temporary ban on the sale. Earlier this year, the company filed a lawsuit against Toshiba, arguing that any transaction involving the chip business must include its consent. The ICC is expected to form an arbitration panel within the week and make a decision on the ban later this year.

The final ruling in the dispute is anticipated before the end of 2019. However, the outcome remains uncertain, and the situation continues to evolve rapidly.

For Toshiba, the pressure is mounting. The company needs to finalize the sale of its chip business quickly to secure billions of dollars in funding. This is crucial for covering the massive debt caused by its struggling U.S. nuclear subsidiary, Westinghouse. If the financial situation worsens, Toshiba could face delisting from the Tokyo Stock Exchange.

Even if an emergency agreement is reached with the Bain-led consortium, Toshiba still has limited time to act. Regulatory approvals typically take at least six months, adding more complexity to the already tense situation. With so much at stake, all eyes are on the next moves in this high-stakes legal and business battle.

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