European Company and Financial Law Review · 2010 · 15 citations · 0 references
LawBusiness LawCorporate LawAntitrust LawCompany LawCompetition PolicyBidding LawEuropean LawMandatory RulesCompany Law ReformCorporate Law Mandatory RulesEfficiencyEqual Treatment FrameworkEuropean Company LawEuropean Union Mandatory RulesMandatory Corporate Law RulesShareholder Equality Principle
The article presents the interplay between the mandatory bid rule and (European or national) company law. This rule is explained with reference to both the protection of investors' expectations as to the shareholding structure of the company and the promotion of the market's allocative efficiency. In accordance with the recent Audiolux judgment of the ECJ, the mandatory bid cannot be regarded as a manifestation of an overarching equal treatment principle in European company law.