ABSTRACT

Despite the deficiencies characterised by political compromises in the Takeover Directive, discussed in Chapter 1 above, its implementation in the UK has nonetheless resulted in ending the so-called self-regulation of takeovers. This change of regulatory framework was always feared for having the potential to create a culture of tactical litigation that would be detrimental to takeovers. In this chapter, these fears are assessed against the measures in the Directive and in UK laws designed to limit tactical litigation.