Icahn Enterprises, the holding company about 90% owned by Mr. Icahn said in a Friday afternoon press release that the activist investor intends to use Facebook, as well as his website and Twitter, to communicate to the public about issues he is interested in.
"It is possible that the information that Mr. Icahn posts on Facebook, through the Shareholders' Square Table website and to its members, and on Twitter, could be deemed to be material information," Icahn Enterprises said in the press release.
"Therefore, in light of the SEC's guidance, we encourage investors, the media, and others interested in our company to review the information that Mr. Icahn posts on Facebook, that he provides on the Shareholders' Square Table website and to its members, and that he posts on Twitter, in addition to the information that we disclose using our investor relations website, SEC filings, press releases, public conference calls and webcasts," the company added.
Icahn first made waves on social media when he used his Twitter account to discuss a takeover bid for Dell and a multi-billion dollar stake in Apple (AAPL). After Icahn failed to win a proxy campaign to buy Dell, he then used Twitter as a means of discussing conversations he had with Apple CEO Tim Cook concerning the iPhone-maker's capital structure.
In many of those social media communications, Icahn Enterprises has been forced to make with the Securities and Exchange Commission because of their material nature.
Icahn's move onto Facebook may impact a scorched-Earth campaign he is running against e-commerce giant eBay (EBAY). In March, Icahn has used his Twitter account and his Shareholders' Square website to make pointed criticism of eBay's management and board of directors.
-- Written by Antoine Gara in New York