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Competing for managerial talent: what antitrust can tell us about antitakeover statutes

  • Author / Creator
    Mikhno, Valeriya
  • This thesis looks at the antitrust implications of state antitakeover statutes. After a wave of hostile takeovers in the 1980s, many state legislatures, lobbied by the managerial interests, enacted laws that made it more difficult for outsiders to take over target corporations. This, in turn, has led to inefficient entrenchment of management and adverse consequences for shareholders. This paper argues that such inefficiencies are inconsistent with the aims and purposes of antitrust laws. The thesis will discuss both the theories supporting strong managerial protection and the elimination of hostile takeovers and the theories supporting the claim that takeovers are a productive method of improving the control and management of assets. Such legislation deprives shareholders of a substantial premium, protects inefficient management, and has negative effects on the national economy as a whole. Hence, in so far as antitakeover statutes conflict with the goals of antitrust, the latter should trump the former.

  • Subjects / Keywords
  • Graduation date
    2009-11
  • Type of Item
    Thesis
  • Degree
    Master of Laws
  • DOI
    https://doi.org/10.7939/R3DD13
  • License
    This thesis is made available by the University of Alberta Libraries with permission of the copyright owner solely for non-commercial purposes. This thesis, or any portion thereof, may not otherwise be copied or reproduced without the written consent of the copyright owner, except to the extent permitted by Canadian copyright law.
  • Language
    English
  • Institution
    University of Alberta
  • Degree level
    Master's
  • Department
    • Faculty of Law
  • Supervisor / co-supervisor and their department(s)
    • Yahya, Moinuddin, A. (Law)
  • Examining committee members and their departments
    • O'Byrne, Shannon (Law)
    • Gregory Clarke (Executive Director, Centre for Constitutional Studies)