Takeover control under the Trade Practices Act: Towards a more efficient and competitive corporate Australia

Article


Mayanja, James. 1998. "Takeover control under the Trade Practices Act: Towards a more efficient and competitive corporate Australia." Trade Practices Law Journal. 6 (1), pp. 33-45.
Article Title

Takeover control under the Trade Practices Act: Towards a more efficient and competitive corporate Australia

ERA Journal ID36755
Article CategoryArticle
Authors
AuthorMayanja, James
Journal TitleTrade Practices Law Journal
Journal Citation6 (1), pp. 33-45
Number of Pages13
Year1998
Place of PublicationSydney, Australia
ISSN1039-3277
Abstract

By not recognising efficiency gains from takeover transactions as public benefits, unless those gains are passed on to consumers, the present authorisation procedure acts as a potential disincentive to takeover activity. This is undesirable. A reduction in social welfare is likely to occur if parties desist from engaging in what would otherwise be beneficial (efficiency enhancing) takeover activity. In order to promote the welfare of society to the fullest extent possible, the law should be reformed to recognise as public benefits gains in efficiency generated by a takeover, even if the those benefits are not immediately passed on to consumers.

ANZSRC Field of Research 2020480103. Corporations and associations law
350704. Entrepreneurship
350711. Organisational planning and management
Byline AffiliationsSchool of Law
Institution of OriginUniversity of Southern Queensland
Permalink -

https://research.usq.edu.au/item/q05w0/takeover-control-under-the-trade-practices-act-towards-a-more-efficient-and-competitive-corporate-australia

  • 1709
    total views
  • 4
    total downloads
  • 0
    views this month
  • 0
    downloads this month

Export as

Related outputs

Of remedies, access to justice, the enforcement of private law and judicial efficiency: the need for a damages claims grouping procedure in all Australian jurisdictions
Mayanja, James. 2016. "Of remedies, access to justice, the enforcement of private law and judicial efficiency: the need for a damages claims grouping procedure in all Australian jurisdictions." Australian Bar Review. 43, pp. 347-362.
Clarifying the object of directors’ endeavours: what Australia can learn from the United Kingdom
Mayanja, James. 2014. "Clarifying the object of directors’ endeavours: what Australia can learn from the United Kingdom." University of New South Wales Law Journal. 37 (3), pp. 874-913.
Why prohibiting creeping takeovers would not be such a good idea
Mayanja, James. 2014. "Why prohibiting creeping takeovers would not be such a good idea." Australian Journal of Corporate Law. 29 (3), pp. 322-341.
Restricting foreign acquisitions of Australian enterprises: who benefits?
Mayanja, James. 2012. "Restricting foreign acquisitions of Australian enterprises: who benefits?" Australian Business Law Review. 40 (6), pp. 398-409.
Understanding company law by P Lipton and A Herzberg
Mayanja, James. 2002. "Understanding company law by P Lipton and A Herzberg." Insolvency Law Journal. 10, p. 75.
Enhancing private enforcement of Australia's corporate continuous disclosure regime: why unshackling litigation funders makes eminent sense
Mayanja, James. 2010. "Enhancing private enforcement of Australia's corporate continuous disclosure regime: why unshackling litigation funders makes eminent sense." Australian Journal of Corporate Law. 25 (1), pp. 48-69.
The proper role of shareholders in the decision-making processes of modern large Australian public companies
Mayanja, James. 2009. "The proper role of shareholders in the decision-making processes of modern large Australian public companies." Australian Journal of Corporate Law. 24 (1), pp. 9-32.
Promoting enhanced enforcement of directors' fiduciary obligations: the promise of public law sanctions
Mayanja, James. 2007. "Promoting enhanced enforcement of directors' fiduciary obligations: the promise of public law sanctions." Australian Journal of Corporate Law. 20 (2), pp. 157-182.
Reforming Australia's takeover defence laws: what role for target directors? A reply and extension
Mayanja, James. 1999. "Reforming Australia's takeover defence laws: what role for target directors? A reply and extension." Australian Journal of Corporate Law. 10 (2), pp. 162-191.
Directors' duties, business judgment & takeover defences: agenda for reform
Mayanja, James. 1997. "Directors' duties, business judgment & takeover defences: agenda for reform." Corporate and Business Law Journal. 10 (1), pp. 39-67.
Enforcing the director's statutory duty to act honestly
Mayanja, James. 1997. "Enforcing the director's statutory duty to act honestly." Australian Journal of Corporate Law. 7 (2), pp. 268-274.
The equal opportunity principle in Australian takeover law and practice: time for review?
Mayanja, James. 2000. "The equal opportunity principle in Australian takeover law and practice: time for review?" Australian Journal of Corporate Law. 12 (1), pp. 1-19.
No-shop, no-talk and break-up fee agreements in merger and takeover transactions: the case for a fresh regulatory approach
Mayanja, James. 2002. "No-shop, no-talk and break-up fee agreements in merger and takeover transactions: the case for a fresh regulatory approach." Australian Journal of Corporate Law. 14 (1), pp. 1-25.
A mandatory bid rule for Australia: an idea whose time has come
Mayanja, James. 2004. "A mandatory bid rule for Australia: an idea whose time has come." Australian Journal of Corporate Law. 16 (3), pp. 205-227.