Topic
Mergers and Acquisitions
Posts
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ArticleVol. 100 · Iss. 5
Antitrust and Race
Abstract Antitrust law regulates the consolidation and abuse of economic power. One of its core tasks is to ensure that market success is not…
Hiba Hafiz -
ArticleVol. 100 · Iss. 3
SPACTIVISM
Abstract In this Essay, we propose a modified version of the SPAC, called the Activist SPAC, that is uniquely designed to allow the public…
Sharon Hannes, Adi Libson & Gideon Parchomovsky -
ArticleVol. 99 · Iss. 3
Antitrust Harm and Causation
Introduction This article addresses a question at the core of antitrust enforcement: how should government enforcers or other plaintiffs identify and address harm from…
Herbert Hovenkamp -
ArticleVol. 99 · Iss. 3
Stealth Governance: Shareholder Agreements and Private Ordering
ABSTRACT Corporate law has embraced private ordering—tailoring a firm’s corporate governance to meet its individual needs. Firms are increasingly adopting firm-specific governance through dual-class…
Jill E. Fisch -
CommentaryVol. 87 · Iss. 4
The Case for Employee Referenda on Transformative Transactions As Shareholder Proposals
This proposal would amend the bylaws to provide for a non-binding employee vote on any merger, acquisition, or other corporate combination on which the…
Matthew T. Bodie -
ArticleVol. 88 · Iss. 6
Looking Through the Wrong End of the Telescope: The Japanese Judicial Response to Steel Partners, Murakami, and Horie
The Article discusses the “Bulldog Sauce” case of the Japanese Supreme Court which addresses corporate laws. It outlines the judicial efforts of the Japanese…
Stephen Givens -
NoteVol. 94 · Iss. 5
Hoarders: Clarifying FERC’s Policy, as Articulated in Order No. 888, Against Withholding Electric Transmission Capacity
Adopted in 1998 with the express goal of curbing undue discrimination in the interstate market for electric transmission, Order No. 888 has been referred…
Sandy Kugbei -
ArticleVol. 94 · Iss. 2
Activist Hedge Funds and the Corporation
The long-term effects of hedge fund activism are controversial. Some empirical studies document that activism is associated with increased long-term firm value, suggesting that…
Martijn Cremers, Saura Masconale & Simone M. Sepe -
ArticleVol. 94 · Iss. 1
Antitrust in Zero-Price Markets: Applications
“Free” products have exploded in popularity along with widespread Internet adoption—but many of them are not truly free. Customers often trade their attention or…
John M. Newman -
ArticleVol. 96 · Iss. 3
Corporate Short-Termism and Intertemporal Choice
This paper presents an intertemporal model of short-termism. Critics have portrayed short-termism in broad brushstrokes as the bane of corporate governance. But short-termism does…
Robert J. Rhee -
NoteVol. 93 · Iss. 3
The Declining Allure of Being “American” and the Proliferation of Corporate Tax Inversions: A Critical Analysis of Regulatory Efforts to Curtail the Inversion Trend
In the realm of tax policy, within which there is rarely broad-based consensus, there are few topics as polarizing as corporate tax inversions. An…
John C. Hamlett -
ArticleVol. 93 · Iss. 2
Paving the Delaware Way: Legislative and Equitable Limits On Bylaws After ATP
In ATP Tour, Inc. v. Deutscher Tennis Bund, the Delaware Supreme Court held that a private company’s fee-shifting bylaw was facially valid. And before…
Michael J. Kaufman & John M. Wunderlich