Subject: enron / dynegy merger ; antitrust issues
as you know , enron has signed a merger agreement by which dynegy will acquire enron . we expect the transaction to close following shareholder and regulatory approvals and various conditions to closing .
even though enron has entered into this agreement , u . s . and foreign antitrust laws require that enron and dynegy continue to operate independently of each other . in particular , to the extent that enron and dynegy are competitors in various businesses or markets , their respective activities must be undertaken at arm ' s length until the transaction has closed . therefore , for antitrust purposes you should treat dynegy as you would any other unaffiliated company notwithstanding the merger agreement .
in addition , all information , documents and communications related to the merger between enron and dynegy should be coordinated through and approved by mark muller , lance schuler , robert eickenroht , mark haedicke , rob walls or greg whalley of enron . it is absolutely critical that this procedure be maintained . to the extent that information is required to be disclosed to dynegy under the merger agreement , then such disclosure should be approved by one of the foregoing individuals .
if you have any questions concerning this notice , please contact lance schuler ( 713 / 853 - 5419 ) , robert eickenroht ( 713 / 853 - 3155 ) , mark haedicke ( 713 / 853 - 6544 ) or rob walls ( 713 / 646 - 6017 ) . thank you for your help in this matter .