Law Series
Enforcement of Takeover Law
Working Paper Author/Authors
Peter Agstner
Free University of Bozen-Bolzano
University of Hamburg
Key Finding
The paper recommends including a rule on civil liability for a breach of the mandatory bid rule 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.
Published in
20th anniversary of the Takeover Bids Directive
