Re-Addressing the Harmonisation of European Takeover Law post-Brexit

Lars Ruf
2021 Zeitschrift für europarechtliche Studien  
The EU Takeover Directive from 2004 has attempted to harmonise Takeover Law within the European Union. The UK's legal framework governing takeovers served as somewhat of a role model for it. Therefore, Brexit gives rise to the question as to whether the Directive could undergo a reform within the foreseeable future. This paper aims to re-address the harmonisation of European Takeover Law post-Brexit by examining how UK and US Takeover Law could potentially influence its reform. It will be made
more » ... pparent how the UK's role in European Takeover Law suggests that Brexit might actually lead to its reform, which is most likely going to drive the respective legal frameworks further apart. Another significant finding concerns the comparability of the US and EU governmental system, which indicates that the foreseeable development of European Takeover Law could be prone to issues which appear in the US. In order to overcome several difficulties that European Takeover Law will face, the paper makes two recommendations. With regard to a regulatory reform at the current state of research, the EU should take a neutral approach by providing companies with an optional framework governing Takeover Law. In order to determine which provisions are desirable for the creation of shareholder value, it is submitted that further research in this field should be encouraged. a
doi:10.5771/1435-439x-2021-2-305 fatcat:bzyzogk5sndw7ngblnngy6qjmm