How independent are independent committees and advisers in Mergers and Acquisitions transactions?

Mukwiri, Jonathan

How independent are independent committees and advisers in Mergers and Acquisitions transactions?

Mukwiri, Jonathan

Authors

Dr Jonathan Mukwiri jonathan.mukwiri@durham.ac.uk
Associate Professor

Abstract

Independent Committees in the US are more likely to be scrutinised by the courts than their counterpart Independent Advisers in the UK after or during mergers and acquisitions. Stockholders are more likely to bring actions against Committees in the US for unfairness in the transaction than shareholders may bring against Advisers. Whilst the use of Independent Committees may clear boards of charges of unfairness in handling transactions, it cannot cure fraud. This article considers the role of independent committees and advisers in Mergers and Acquisitions in light of the Delaware Court of Chancery case (Dole Foods Co Inc).

Citation

Mukwiri, J. (2016). How independent are independent committees and advisers in Mergers and Acquisitions transactions?. Butterworths journal of international banking and financial law, 31(2), 99-102

Journal Article Type	Article
Acceptance Date	Jan 7, 2016
Online Publication Date	Feb 16, 2016
Publication Date	Feb 16, 2016
Deposit Date	Feb 9, 2017
Publicly Available Date	Feb 9, 2017
Journal	Butterworths journal of international banking and financial law.
Print ISSN	0269-2694
Publisher	LexisNexis
Peer Reviewed	Peer Reviewed
Volume	31
Issue	2
Pages	99-102
Publisher URL	https://store.lexisnexis.co.uk/products/butterworths-journal-of-international-banking-and-financial-law-skuuksku02692694JIBL72080/details