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April 21, 2008

Blockbuster's "Hostile Bid"

There is no such thing as a hostile takeover anymore.  A hostile takeover is a takeover that occurs without the support of the incumbent board of directors of the target.  Anti-takeover statutes and firm specific defenses make this impossible.  A bidder must, at some point, get the assent of the target board, either the incumbents (payoffs work) or replacements (through a proxy fight).  A "hostile bid" is a bid for the company that starts without target board approval and is a harsh bargaining tactic designed to get target board approval by using target shareholder pressure on their board as a lever.  It does not lead to a hostile takeover.  A hostile bid is designed to end in a friendly deal.

April 21, 2008 in Mergers & Acquisitions | Permalink

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