Enforcing Public Takeover Regulation: Reconciling Public and Private Interests

Takeover regulation in the UK, Hong Kong and Singapore relies on takeover codes and takeover panels. However, parties aggrieved by the decisions of the panels may sometimes challenge them in the courts, giving rise to the potential of overlapping jurisdictions. The problem is compounded by two factors: the enforcement of the takeover codes can have substantive implications on the parties’ ability to enforce their rights in courts, and takeover panels and courts assess matters differently. This article argues that there needs to be a clearer delineation between the potentially overlapping jurisdictions of the takeover panels and the courts.