Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Outlook: Pac-Man troubles

Thursday 14 January 1999 19:02 EST
Comments

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Outlook: Pac-Man troubles

MORE CONFUSION in the two way takeover bid between Marston Thompson & Evershed and Wolverhampton & Dudley Breweries. Just to recap, Wolves last November launched a pounds 262m bid for its rival Midlands brewer, Marstons.

Marstons responded by launching its own bid for Wolves, the first time the so called Pac-Man defence has been used in Britain. In the process it made a nonsense of Takeover Panel rules governing the timetable of a bid situation and the release of information.

The Takeover Panel yesterday issued the following clarification. "Following discussions with W&DB and Marston, the executive has ruled that day 39 of the bid timetable for W&DB's offer ("New Day 39") will be deemed to be the earlier of Wednesday 20 January and the date on which Marston posts its offer document. Accordingly, the last date for W&DB to post any revised offer document will be seven days after New Day 39".

All clear now? Good, because if not the Panel is mighty reluctant to explain the reasoning behind this masterful piece of arbitration. Commercially confidential, old boy, is the line. Since when was it any part of a regulator's job to clothe its decisions in secrecy? It hardly does the Panel's position as one of the last bastions of self regulation much credit.

As it happens Marstons seems set to do the logical thing and synchronise the close of its bid with the close of the Wolves bid anyway, offering shareholders a clear choice between the two strategies.

Unfortunately, this increases quite markedly the likelihood of an outcome that would completely floor most company lawyers, let alone the Takeover Panel - that both offers are successful.

The high degree of commonality between the shareholders of the two companies make this seem not a strong likelihood, but even so it

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in