Key Finding
A rule on civil liability for a breach of the mandatory bid rule should be included in the EU Takeover Directive.
Abstract
The paper examines in a comparative perspective the enforcement regime of the EU takeover law, focusing in particular on the debate on public vs private enforcement. For this purpose, a detailed in-depth analysis is conducted with reference to the Italian and German enforcement regime of the duty to bid. As policy proposal, the paper suggests that a rule on civil liability for a breach of the mandatory bid rule should be included in the directive.
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© Peter Agstner, Dörte Poelzig, 2025
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