How independent are independent committees and advisers in Mergers and Acquisitions transactions?

Mukwiri, Jonathan

Abstract

Independent Committees in the US are more likely to be scrutinised by the courts than their counterpart Independent Advisers in the UK after or during mergers and acquisitions. Stockholders are more likely to bring actions against Committees in the US for unfairness in the transaction than shareholders may bring against Advisers. Whilst the use of Independent Committees may clear boards of charges of unfairness in handling transactions, it cannot cure fraud. This article considers the role of independent committees and advisers in Mergers and Acquisitions in light of the Delaware Court of Chancery case (Dole Foods Co Inc).

Citation

Mukwiri, J. (2016). How independent are independent committees and advisers in Mergers and Acquisitions transactions?. Butterworths journal of international banking and financial law, 31(2), 99-102

• Journal Article Type: Article
• Acceptance Date: Jan 7, 2016
• Online Publication Date: Feb 16, 2016
• Publication Date: Feb 16, 2016
• Deposit Date: Feb 9, 2017
• Publicly Available Date: Feb 9, 2017
• Journal: Butterworths journal of international banking and financial law.
• Print ISSN: 0269-2694
• Publisher: LexisNexis
• Peer Reviewed: Peer Reviewed
• Volume: 31
• Issue: 2
• Pages: 99-102
• Public URL: https://durham-repository.worktribe.com/output/1364931
• Publisher URL: https://store.lexisnexis.co.uk/products/butterworths-journal-of-international-banking-and-financial-law-skuuksku02692694JIBL72080/details