Books > Business & Economics > Business & management > Ownership & organization of enterprises > Takeovers, mergers & buy-outs
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Takeovers and the European Legal Framework - A British Perspective (Paperback)
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Takeovers and the European Legal Framework - A British Perspective (Paperback)
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Since the implementation of the European Directive on Takeover
Bids, a European common legal framework governs regulation of
takeovers in EU Members States. The European Directive on Takeover
Bids was adopted in April 2004, and implemented in the UK and in
other Member States on 20th May 2006. The Directive seeks to
regulate takeovers by way of protecting investors, and harmonising
takeover laws in Europe. In facilitating the restructuring of
companies through takeovers, the Directive aims at reinforcing the
free movement of capital. Takeovers and the European Legal
Framework studies the European Community Directive on Takeover
Bids, in order to provide greater understanding of both the impact
and effect of the European legal framework of takeover regulation.
It firstly looks at the Directive from a British perspective,
focusing on the impact of the transposition of the Takeover
Directive into the UK. The book examines the provisions of the City
Code on Takeovers and Mergers, and discusses the takeover
provisions in the Companies Act 2006 that implement the Takeover
Directive in the UK, arguing that the Directive will provide a new
basis for UK takeover regulation, and that the system will work
well. Jonathan Mukwiri goes on to consider the Directive in
relation to the EU, arguing that despite its deficiencies, in that
Member States are free to opt to restrict takeovers, the Directive
provides a useful legal framework by which takeovers are regulated
in different jurisdictions. Mukwiri highlights how the freedoms of
the EC Treaty and EU Directives interact, and the effects of the
Takeover Directive on political considerations in the law-making
process in European Community. Moreover, he argues that the future
of EU takeover regulation is likely to follow the lead of the UK,
making this book relevant to a wide range of policy makers and
academics across Europe.
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