Canadian Hostile Take-Over Bid

In May 2016, sweeping changes to the Canadian take-over bid regime came into effect.  The stated purpose of the new rules included the goal of rebalancing the dynamics between hostile bidders and target boards by extending the minimum bid period to 105 days, and mandating a 50% mandatory minimum tender condition and a ten-day extension once all bid conditions have been satisfied or waived.  We published our Canadian Hostile Take-Over Bid Study in the spring of 2015, just over a year before the new rules came into force.  In that study, we expressed concern that strengthening a target board’s hand could result in a decrease in hostile bid activity.  Over the past year, various commentators have suggested that the new rules have had no adverse impact on hostile bid activity.  We are not so sure.

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