Statutory time-out in hostile takeover situations?
Hostile takeovers are currently a hot topic in the Netherlands, thanks to the attention recently attracted by PostNL, Unilever and AkzoNobel. There are some who argue that the existing range of protective measures, such as the creation of a foundation holding preference shares, do not always allow enough time for careful decision making. Minister of Economic Affairs Kamp has called for additional legislation which, in the event of an unsolicited bid for a listed company's shares, gives its management board and supervisory board members more time and room to fully assess the effect of the takeover on all stakeholders. The minister's aim is to better safeguard the long-term interests of Dutch companies. In a letter to the Dutch Parliament dated 20 May 2017, Minister Kamp set out four possible forms which such new legislation could take.
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