Takeover Monitor: Current German Public Tender Offers 2023, Issue 3

The Morgan Lewis Takeover Monitor documents public tender ofers in Germany for Morgan Lewis clients and interested persons. This issue covers published and announced current offers as of August 24, 2023.

In addition, it informs about two recent judgments by which the German Federal Court of Justice awarded payment claims to former shareholders of a target company that accepted a takeover offer, based on its findings that a separate agreement between the bidder and another shareholder concerning the acquisition of shares in the target company against a minimum compensation higher than the offer price constituted a price-relevant agreement on the basis of which a transfer of shares can be demanded.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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