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Anti-Takeover Defences




Tanmaya Jha, The University of Edinburgh


Introduction1. What are Anti- Takeover Defences?


  • The Management and board of directors of a business utilize anti- takeover safeguards, which are tactics and procedures designed to thwart or discourage undesired control efforts, especially aggressive ones. These mechanisms are pertinent for corporate governance because it has an immediate effect on the distribution of authority among the shareholders, administration, as well as directors of a business organisation.


  • Anti-takeover defences in such a scenario pose important questions regarding the best way to strike an equilibrium between safeguarding a business from unsolicited takeovers and making certain that management is still answerable to the shareholders. The discussion also encompasses such defences broader consequences for the effectiveness of markets, particularly in relation to the market for corporate control.


  • ATD, therefore, constitute an important component of corporate governance, illustrating the intricate relationship between shareholder’s right, administrative autonomy, along with the general health and competitiveness of companies in the marketplace. Such kinds of defences assume a pivotal position within the domain corporate governance, serving as a strategic measure employed by a company’s leadership to repel unsolicited or hostile takeover endeavours. The implementation of such measures has the utmost importance in delineating the intricate interplay of control and power dynamics within corporate entities, particularly in the context of prospective corporate buyouts.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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