Takeovers and Short-termism in the UK
Author: A. D. Cosh
Publisher: Institute for Public Policy Research
Published: 1990
Total Pages: 92
ISBN-13: 9781872452166
DOWNLOAD EBOOK →Author: A. D. Cosh
Publisher: Institute for Public Policy Research
Published: 1990
Total Pages: 92
ISBN-13: 9781872452166
DOWNLOAD EBOOK →Author: Wai Yee Wan
Publisher:
Published: 2013
Total Pages: 32
ISBN-13:
DOWNLOAD EBOOK →This two-part article considers the extent to which UK company law and takeover regulation may have contributed to the supposed short-termism exercised by target directors in takeovers, that is, target directors focusing only on short-term financial gain to the current shareholders, rather than the target's long-term wealth creation. This article argues that general company law and takeover regulation do not mandate target directors to strictly prioritise the short-term financial interests of the company when determining whether to recommend a particular takeover bid. While company law and takeover regulation require the target board to consider stakeholders' interests, neither shareholders nor stakeholders have an enforceable right of action against the directors in connection with their failure to do so.
Author: Great Britain. Parliament. House of Commons. Business, Innovation and Skills Committee
Publisher: The Stationery Office
Published: 2010
Total Pages: 98
ISBN-13: 9780215553591
DOWNLOAD EBOOK →Mergers, acquisitions and Takeovers : The takeover of Cadbury by Kraft, ninth report of session 2009-10, report, together with formal minutes, oral and written Evidence
Author: Alan J. Auerbach
Publisher: University of Chicago Press
Published: 2013-12-30
Total Pages: 354
ISBN-13: 0226032167
DOWNLOAD EBOOK →The takeover boom that began in the mid-1980s has exhibited many phenomena not previously observed, such as hostile takeovers and takeover defenses, a widespread use of cash as a means of payment for targeted firms, and the acquisitions of companies ranking among the largest in the country. With the aim of more fully understanding the implications of such occurances, contributors to this volume consider a broad range of issues as they analyze mergers and acquisitions and study the takeoveer process itself.
Author: Kim M. Willey
Publisher: Springer
Published: 2019-07-12
Total Pages: 302
ISBN-13: 3030229033
DOWNLOAD EBOOK →Consideration of harmful short-termism in capital markets is prevalent amongst legal and business academics. It is also garnering increased attention in corporate board rooms and executive suites, and from the investing public. As a result, correcting perceived short-termism in capital markets has become a rationale for reform used by regulators across the globe. Despite the considerable attention given to this phenomenon, there has not yet been a comprehensive book analyzing the perceived short-termism problem, its sources and causes, and reform efforts undertaken to date. This book fills this gap by documenting the rise of the short-termism discussion, analyzing the significance of the problem, and considering the proposed legal remedies. Based on this analysis, a framework for effective short-termism reform is offered.
Author: Athanasios Kouloridas
Publisher: Bloomsbury Publishing
Published: 2008-05-19
Total Pages: 338
ISBN-13: 1847314295
DOWNLOAD EBOOK →This book studies takeovers from the acquirer's perspective. More precisely the book focuses on the legal and regulatory treatment of the risks faced by the acquiring company shareholders in takeovers. The identified risks are categorised into two main groups: first, risks generated by managerial choices and second, regulatory or external risks. The analysis considers the legal context but also draws on the economic literature, seeking to map the area under consideration and to suggest measures to improve the present position from both a law and economics perspective. More specifically, the book examines various methods of protecting the acquiring shareholders against value-decreasing or self-interested acquisitions, such as the class transaction rules, fiduciary duties, the acquiring directors' responsibilities under the Takeover Code, the court scheme procedure, the role of institutional shareholders and reward strategies, and methods of making the acquiring directors more exposed to the discipline of the market. The effects of the choice of the medium of payment are also covered. In addition, it covers the Code's position with regard to auction situations and seeks to identify ways of addressing the acquiring shareholders' interests in auctions, including auctions where buyout teams or white Knights are involved. Moreover it identifies situations where deviations from horizontal equality rules, which increase takeover premia, are or should be recognised. To that effect the Code's rules on mandatory bids, the determination of the price and the form of payment offered, partial offers and squeeze outs are considered. In addition, it covers the Code's position with regards to auction situations and seeks to identify ways of addressing the acquiring shareholders' interests in auctions, including auctions where buyout teams or White Knights are involved. Moreover it identifies situations where deviations from horizontal equality rules, which increase takeover premia, are or should be recognised. To that effect the Code's rules on mandatory bids, the determination of the price and the form of payment offered, partial offers and squeeze outs are considered. The analysis covers both hostile and friendly situations. In relation to hostile takeovers, the legal and regulatory framework of toehold strategies is analysed (Code's requirements, Disclosure Rules and Companies Act disclosure requirements etc). Market Abuse issues in relation to stake building are also highlighted. In relation to friendly takeovers the operation of lock-up agreements and break fees (Code's requirements, fiduciary law, financial assistance and other contract law concerns), is also explored. Finally, the Panel's position on adverse changes, pre-conditions and conditions which the offer can be subject to and the bidder's exposure to Material Adverse Change risk are assessed. The book discusses developments in the area under consideration including the Takeover Code regime after the implementation of the Takeover Directive and the Companies Act 2006.
Author: David Bailey
Publisher: OUP Oxford
Published: 2015-04-02
Total Pages: 477
ISBN-13: 0191016462
DOWNLOAD EBOOK →In the aftermath of the global financial crisis of 2008 and the ensuing Great Recession of 2008 to 2013, the economic debate has begun to shift towards 'rebalancing' the UK economy, away from an over-reliance upon consumerism and the financial sector to generate growth, towards more sustainable productive activities. The fallout from the financial crisis exposed the systemic failings of the dominant neo-liberal model to deliver balanced growth and there is now increasing recognition this 'rebalancing' might best be achieved through the state pursuing an active 'industrial policy'. Thus, after a long hiatus, industrial policy is back in vogue at regional, national, and EU levels driven by concerns over competitiveness, globalisation, de-industrialisation, unemployment, and the comparatively slow growth of the British and EU economies especially in this post-recession phase. At the same time, industrial policy has been seen as a catalyst for designing economic recovery strategies at regional, national, and EU levels as well as being a concerted strategy to develop new 'clean-tech' industries to tackle environmental challenges. This book brings together leading European based experts, each with a long standing interest in industrial policy. The chapters offer a broad set of perspectives on the many facets of industrial policy, including reflections upon past experiences of industrial policy (from across the globe) and critical analysis and advice upon contemporary UK industrial policy issues. They aim to critically inform and challenge policy-makers, policy think-tanks, industrialists, trade unions, academics, and other stakeholders in framing the future course for industrial policy in the UK, and indeed more widely.
Author: Iain G MacNeil
Publisher: Bloomsbury Publishing
Published: 2012-01-20
Total Pages: 542
ISBN-13: 1509941835
DOWNLOAD EBOOK →Since the publication of the first edition of this book in 2005, the world of financial investment has experienced an unprecedented boom followed by a spectacular bust. Significant changes have been proposed and in some cases implemented in areas such as the structure of regulation, the organisation of markets, supervision of market participants and the protection of consumers. The second edition takes account of these developments, integrating them into an analytical framework that enables the reader to develop a critical overview of the role of general legal rules and specialised systems of regulation in financial investment. The framework focuses on the role of contract, trusts and regulation as the primary legal influences for financial investment. The first part explores the relationship between investment, law and regulation. The second part examines the nature of investments and investors, both professional and private. The third part discusses the central role of corporate finance and corporate governance in linking investors with enterprises that require external capital. The fourth part examines the nature, operation and regulation of markets and the participants that support the functioning of the markets. The objective remains to provide a broadly-based and critical account of the role of law in financial investment. "MacNeil's eloquent and informative distillation of the regulatory fundamentals of investment law gives his book much international relevance...a timely contribution to help readers decipher the seemingly inextricable maze of financial regulation...Practitioners and legal policy advisers will..welcome it. They should find enlightening the book's careful scrutiny of the trust and contractual foundations of investment law and practice." Benjamin J Richardson Journal of International Banking Law and Regulation, Vol 22 Issue 1, 2007 ...a fascinating and informative book...thoroughly recommended as a learned but at the same time very readable introduction to the law of financial investment Gerard McCormack Banking and Finance Law Review, Volume 21 No 2, June 2006 ...very informative tool that introduces in a very friendly and accessible manner the nearly inextricable world of financial investment laws. Fadi Moghaizel International Company and Commercial Law Review, Vol. 17 No 2, February 2006
Author: Tony Buxton
Publisher: Routledge
Published: 2005-08-08
Total Pages: 608
ISBN-13: 1134751842
DOWNLOAD EBOOK →This new and substantially revised edition of Britain's Economic Performance provides a unique assessment of the current state of the supply-side of the economy. Written by a team of highly experienced, policy oriented applied economists, this volume will be a valuable source of reference, analysis and guidance for students and policy-makers.
Author: Ekkehart Schlicht
Publisher: Springer Science & Business Media
Published: 2012-12-06
Total Pages: 306
ISBN-13: 3642469884
DOWNLOAD EBOOK →Modern institutional economics witnesses a merging of formal and informal strands of theorizing. This development has offered new and vigorous perspectives which avoid both arbitrariness and theoretical sterility. The essays on contract theory gathered here exemplify this development. They propone new results on central issues in contractual theorizing. The theory of the firm in its variegated aspects forms, naturally, the core of the present set of contributions. Issues of ownership, integration, delegation, and finan ce are analyzed. Some contributions use the theoretical approach of contract theory to explore other issues, like medical care, public good problems, the economics of crime, environmental economics, and international trade. The contributors are leading young economists. They have participated in one or se veral classes of the 'International Summer School on the New Institutional Economics' which has been organized by Rudolf Richter in the years 1988 through 1994 and is now continued by Urs Schweizer. The theoretical style of these contributions has been influ enced by this experience. This collection of essays is intended to express the thanks of the contributors to Rudolf Richter. His initiatives for scholarly instruction and for inter national exchange of ideas have helped to create and to diffuse the understanding of and the engagement for the new institutional economics in Europe.