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Hedge funds and Private Equity - PES

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Peguform<br />

1. Company description<br />

The history of Peguform started in 1959 with the Baden-Plastic Werke in Bôtzingen which produced<br />

plastic products (films <strong>and</strong> household goods). However, it was first in 1978 that the company<br />

name “Peguform-Werke AG“ was introduced. At the same time the company entered the<br />

automotive market (bumpers, exterior systems, cockpits <strong>and</strong> instrument panels <strong>and</strong> interiors),<br />

which is today the single focus of Peguform. In 1999 Venture Industries, an American auto supplier,<br />

took over the Peguform Group. In May 2002 the management of the German companies<br />

applied for preliminary insolvency. In October 2002 the insolvency procedure was opened. After<br />

reorganization, which was possible due to participation by employees <strong>and</strong> financial guarantees<br />

provided by customers, the American private equity fund Cerberus took over the Peguform Group<br />

(Germany, Spain, Mexico, <strong>and</strong> Brazil).<br />

2. Economic <strong>and</strong> social effects<br />

2.1 LBO description (offshore base, activity focus, etc.)<br />

Cerberus Capital Management LP is a large privately owned investment fund. The firm is based<br />

in New York. The fund was founded in 1992, <strong>and</strong> Cerberus invests primarily in companies which<br />

are near bankruptcy <strong>and</strong> hopes to make the businesses it acquires profitable.<br />

Cerberus’ financial contributors are mainly US pension <strong>funds</strong> <strong>and</strong> wealthy individuals. Cerberus<br />

invests capital in real estate <strong>and</strong> financing corporate takeovers. In addition, the US investor has<br />

specialized in the purchase <strong>and</strong> use of loans in default. The company has been a voracious acquirer<br />

of businesses over the past several years <strong>and</strong> includes sizeable investments in sportswear,<br />

paper products, military services, real estate, energy, retail, glassmaking, transportation, <strong>and</strong><br />

building products. Its holdings amounted to $16 billion in 2005. Cerberus currently has significant<br />

investments in companies around the world.<br />

2.2 Effects on job creation, investments in training <strong>and</strong> education<br />

of labour force, investment in innovation<br />

After filing for insolvency in 2002, the well-known insolvency administrator Dr. Jobst Wellensiek<br />

together with the Rothschild Investment Bank drew up a list of potential buyers. Three financial<br />

investors <strong>and</strong> three strategic investors made offers <strong>and</strong> the offer of Cerberus was<br />

accepted. All potential buyers required a reduction of operating costs. They all required from<br />

employees a reduction in personnel costs of 40 million euros, which represented approximately<br />

one sixth of the total personal cost of 260 million euros. This was agreed in a reorganization collective<br />

contract together by the IG BCE employees <strong>and</strong> Cerberus. For the most part, an increase<br />

in working time to 39 hours per week without an increase in salary, <strong>and</strong> an income reduction of<br />

4 percent was established. Also agreed was a reduction of Christmas <strong>and</strong> holiday pay. Thus the<br />

burden was around 10 percent per employee, including those not covered by the collective contract<br />

<strong>and</strong> senior managers. The contract is valid for five years. Collective pay raises will only be<br />

implemented by half. Lay offs are possibly only with the consent of the works council. For<br />

reductions in capacity due to the evolution of the auto industry, personnel adoptions are possible<br />

in accordance with an opening clause.<br />

Annex – 21 Case studies<br />

221

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