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
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