Common ownership has become a tactic employed by investors who hold minority stakes in companies across the same industry. The tactic has become a bit controversial, however, when mergers and acquisitions are reviewed by antitrust and competition regulatory bodies. In a bylined article by London-based White & Case partner Marc Israel, the role of common ownership during merger control is analysed in detail. Key points include that it is likely that a case-by-case approach will be adopted; activist shareholders with common ownership positions will be important; and the European Commission will increase its activity over merger control. Click here to read more (paywall).
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