Takeover Regulation in the United States and Europe: An Institutional Approach

Authors

William Magnuson, Texas A&M University School of LawFollow

Document Type

Article

Publication Date

1-2009

Journal Title

Pace International Law Review

ISSN

1052-3448

Abstract

While convergence may be the word of the day in corporate governance, it is noticeably absent in takeover regulation. The United States and Europe have adopted strongly dissimilar laws governing the process and substance of hostile tender offers, and their respective paths seem to be diverging rather than converging. This paper argues that much of this difference can be explained by process and institutional competency: courts have played the primary role in the development of American law, while political actors dominated the E.U. adoption of the Takeover Directive.

First Page

205

Last Page

240

Volume Number

21

Publisher

Pace University School of Law

Recommended Citation

William Magnuson, Takeover Regulation in the United States and Europe: An Institutional Approach, 21 Pace Int'l L. Rev. 205 (2009).
Available at: https://scholarship.law.tamu.edu/facscholar/758