EU takeover regulation: some ‘hot’ research topics

Peter Agstner

Chapter 11 in Research Handbook on EU Securities Law, 2025, pp 319-351 from Edward Elgar Publishing

Abstract: The chapter investigates some not fully explored ‘hot’ research topics posed by the EU Takeover Regulation. In particular, the focus will be on highly controversial and multifaceted (proxy) questions that reveal the ‘state of health’ of the Directive in relation to its underlying policy rationale, i.e., minimum harmonisation of EU takeover law. In light of this benchmark, the following ‘open’ research areas, currently under-investigated, have been identified. First, the heated debate on public versus private enforcement of minority shareholders’ rights. Second, the relationship between collusive takeover bids and the highest price paid rule. The functional and comparative analysis conducted shall contribute, within the framework of a competition of ideas, to stimulating further research and, eventually, to formulating efficiency-enhancing policy changes.

Keywords: Takeover Directive; Minority protection; Collusive takeover bids; Mandatory bid rule; Minimum harmonisation; Comparative law (search for similar items in EconPapers)
Date: 2025
ISBN: 9781800376038
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