June 1 (Reuters) - The founder of 23andMe,
Anne Wojcicki, has asked a U.S. judge to reopen an auction for
the genetic testing company, saying she has the support of a
Fortune 500 company with a current market capitalization of more
than $400 billion.
Wojcicki did not name the Fortune 500 company in court
filings.
South San Francisco, California-based 23andMe filed for
bankruptcy in April, seeking to sell its business at auction
after a decline in consumer demand and a 2023 data breach that
exposed sensitive genetic and personal information of millions
of customers.
Last month, Regeneron Pharmaceuticals ( REGN ) agreed to buy
the firm for $256 million, topping a $146 million bid from
Wojcicki and TTAM Research Institute, which was founded by
Wojcicki and describes itself as a California non-profit public
benefit corporation.
In a filing dated May 31, Wojcicki claimed that 23andMe's
debtors had attempted to tilt the sales process away from TTAM
and in favor of Regeneron.
TTAM and Wojcicki said in the filing that 23andMe's
financial and legal advisers unfairly capped their maximum bid
at $250 million due to misplaced concerns about TTAM's
"financial wherewithal". The plaintiffs said the auction was
prematurely concluded before they had the opportunity to submit
a bid that would have exceeded $280 million.
The company's debtors said the auction results came after an
extensive and careful consideration by a four-member special
committee of independent directors, according to the filing.
According to another filing, 23andMe is seeking court
approval to let Wojcicki and Regeneron submit final proposals by
June 12. 23andMe is also seeking a $10 million breakup fee for
Regeneron if Wojcicki's bid is ultimately accepted.
Regeneron said it does not comment on the ongoing proceeding
and aims to close the acquisition as intended.
Lawyers for 23andMe's debtors and TTAM parties did not
immediately respond to emails seeking comment.