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European Business Organization Law Review (EBOR) (1)

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Financial Tunnelling and the Mandatory Bid Rule *
Jeremy Grant, Tom Kirchmaier, Jodie A. Kirshner
Journal:

European Business Organization Law Review (EBOR) / Volume 10 / Issue 2 / June 2009

Published online by Cambridge University Press:

20 August 2009, pp. 233-253

Print publication:

June 2009
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In this paper, we use case studies to document how dominant shareholders have circumvented mandatory bid rules to appropriate wealth from minority shareholders. Dominant shareholders are numerous in Continental Europe. Creative compliance with mandatory bid rules reveals the failure of boards and regulators to protect minority shareholders and the difficulties of legislating in this area. We propose enhanced means for protecting their interests.