EU Takeover Regulation: one size can't fit all
by Georgina Tsagas
International Journal of Private Law (IJPL), Vol. 4, No. 1, 2011

Abstract: The failure of the EU Takeover Directive to meet the European Commission's goal of harmonising takeover laws as a means of monitoring corporate performance is a fact. As the Directive's revision date in 2011 is approaching, it is current and essential to identify the reasons that have made the Directive the subject of such debate and outline the variables that affect its effective implementation. As national divergence in this field remains a problem, it is important to shed some light on why the 'one size fits all' approach introduced by the Commission is not a viable option. A historical overview of the Directive and its deficiencies as a harmonising instrument will be provided. The board neutrality rule of article nine and the 'breakthrough' rule of article 11 will be the two main provisions discussed. The paper will refer to the significance of takeover activity and refer to practical problems that arise from the takeover's ambiguous nature. It will suggest that studies linking owner identity to company objectives and performance may provide innovative information that will lead the takeover regulation reform debate in a positive direction.

Online publication date: Sat, 28-Mar-2015

The full text of this article is only available to individual subscribers or to users at subscribing institutions.

 
Existing subscribers:
Go to Inderscience Online Journals to access the Full Text of this article.

Pay per view:
If you are not a subscriber and you just want to read the full contents of this article, buy online access here.

Complimentary Subscribers, Editors or Members of the Editorial Board of the International Journal of Private Law (IJPL):
Login with your Inderscience username and password:

Username:        Password:          Forgotten your password?

Want to subscribe?
A subscription gives you complete access to all articles in the current issue, as well as to all articles in the previous three years (where applicable). See our Orders page to subscribe.

If you still need assistance, please email subs@inderscience.com