Lessons from the Ludowici takeover

9 July 2012

The Takeovers Panel is the commercial dispute resolution body that settles takeover disputes. Previously we had a court that decided these on a binary basis, but what the Takeovers Panel does is look for a commercial resolution that's often a compromise. This is very different to the way a court solves problems and it’s generally agreed that the Panel has been spectacularly successful. However, their recent decision regarding the Ludowici takeover creates more uncertainty rather then resolution, particularly for ASIC's "Truth in Takeovers" policy.

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