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The end of history for the board neutrality rule in the EU.

Mukwiri, Jonathan (2020) 'The end of history for the board neutrality rule in the EU.', European business organization law review., 21 (2). pp. 253-277.

Abstract

This paper argues that the failed attempt to introduce a mandatory board neutrality rule into EU takeover law was an object lesson that it is difficult to enact rules that are contrary to the corporate law cultures of the majority of the Member States. It provides an account of key factors that prevented enacting a mandatory board neutrality rule in the EU: varying takeover laws and practices; conflicting management and shareholder interests; divide between exhaustive and minimum harmonisation; and varying market orientation models. It argues that as long as there are varied national corporate laws, most EU corporate law rules are bound to remain categorised as optional, unimportant, or avoidable.

Item Type:Article
Full text:Publisher-imposed embargo
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Available under License - Creative Commons Attribution.
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Full text:(VoR) Version of Record
Available under License - Creative Commons Attribution.
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Status:Peer-reviewed
Publisher Web site:https://doi.org/10.1007/s40804-019-00164-w
Publisher statement:This article is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license, and indicate if changes were made.
Date accepted:04 January 2019
Date deposited:15 February 2019
Date of first online publication:12 November 2019
Date first made open access:14 November 2019

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