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Whether the European Union's Takeover Directive should have adopted a mandatory neutrality rule has been the subject of …-Directive assessment have failed to consider the core lesson of takeover defences in the United States, namely that the construction of … of takeover defences, or undermine the extent to which they can be potently deployed, then the adoption or rejection of …
Persistent link: https://www.econbiz.de/10013127859
This paper argues that in revising the Takeover Bid Directive, EU policymakers should adopt a neutral approach toward … kind. Unfortunately, takeover rules cannot be crafted so as to hinder all the bad takeovers while at the same time … current EC legal framework for takeovers overall hinders takeover activity in the EU, the paper identifies three rationales …
Persistent link: https://www.econbiz.de/10008728815
This is a draft chapter for a forthcoming volume, “Cross Border Mergers Directive: EU Perspectives and National Perspectives”, edited by Thomas Papadopoulos (Springer). The chapter first describes how cross-border mergers are regulated in Italy, detailing the national rules implementing the...
Persistent link: https://www.econbiz.de/10012888940
overreactive in nature, stymie the market, and create new opportunities for regulatory arbitrage. This is not surprising: takeover …
Persistent link: https://www.econbiz.de/10012898923
The rethinking of European Takeover Law is a current challenge as well as an ongoing task. The economic and political … takeover law with its obvious socio-economic implications. Above all, the imminence of Brexit is currently set to trigger such … fundamental changes. The UK vote to leave the EU will not only lead to the detachment of Europe's most important takeover market …
Persistent link: https://www.econbiz.de/10012977952
The purpose of this paper is to provide an insight into the legal regime of the effect s of cross-border merger on internal market assessed from Company Law and Company law provisions.On the other hand merger may be analyzed as abuse of market power which affect European trade, qualified as a...
Persistent link: https://www.econbiz.de/10012988577
This paper argues that in revising the Takeover Bid Directive, EU policymakers should adopt a neutral approach toward … both value-creating and value-decreasing and there is no way to tell ex ante which kind they are. Unfortunately, takeover … hinders takeover activity in the EU, the paper identifies three rationales for a takeover-neutral intervention of the EU in …
Persistent link: https://www.econbiz.de/10013143816
Persistent link: https://www.econbiz.de/10011597429
application of the U.S. tender offer law. In Germany the new Takeover Code will become effective at the beginning of the year 2002 … the conflict of laws rules. In the EU the 13th Directive concerning Takeover Bids break down this summer. This article … will compare the new rules and concepts of the German Takeover Code with the tender offer regulation in the U.S. Especially …
Persistent link: https://www.econbiz.de/10014151065