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June 19, 2008

Courts and Mergers, Closed or Not

If one company wants to acquire another or the companies want to merge, the parties must now expect a court hearing and a certification from a judge is required to close.  Now if one party wants to call off a merger, it must seek a court hearing and ask permission.  Hexion wants to call off an acquisition of Huntsman so it filed with the Delaware Chancery Court to ask permission to do so.  Our Courts have become a de facto certification agent for all acquisitions. Those who like courts and distrust corporate executives will cheer; those who wonder about the competency of judges will not.

June 19, 2008 in Mergers & Acquisitions | Permalink

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Comments

Thanks for the detail. I found your post very helpful.

Posted by: anwalt fuer arbeitsrecht | Jun 20, 2008 5:29:46 AM

For the Hexion-Huntsman merger case and the Canadian case, could you give either links to the reported decision or the citation so we can find them? They look like cases representative of very important ideas that I would like to share with my class next Fall.

thanks -- (I am a new blog member)

Bob Magill, Jr.
Ann Arbor, MI

Posted by: Bob Magill, Jr. | Jun 21, 2008 6:37:16 PM

Canadian case (Bell Canada 7-0) cite:
http://cases-dossiers.scc-csc.gc.ca/information/cms/parties_e.asp?32647

Posted by: jordan | Jun 30, 2008 10:05:33 PM

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