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I don't think the claim is a winner (or will even be pursued), but I think the point of the article is more that it's market manipulation than insider

trading, and it while not illegal it doesn't feel right. Essentially he created a scenario that was no lose for himself. If he buys the company at a price he thinks is fair, then he wins. If he gets outbid (which he thinks is likely based on what he knows of the other players), then he wins. So he manipulated the market in a way that isn't available to average investors (which is why it feels unfair).

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