Panel on Takeovers and Mergers
| Agency overview | |
|---|---|
| Formed | 1968 |
| Jurisdiction | United Kingdom |
| Headquarters | London |
| Employees | 26 |
| Agency executive |
|
| Website | http://www.thetakeoverpanel.org.uk/ |
The Panel on Takeovers and Mergers (the Takeover Panel or PTM) is a regulatory body located in London, England. It was set up in 1968 and is charged with the administration of the City Code on Takeovers and Mergers. Its role is to ensure that all shareholders are treated equally during takeover bids. Its main functions are to issue and administer the City Code on Takeovers and Mergers (the "Code") and to supervise and regulate takeovers and other matters to which the Code applies. Its central objective is to ensure fair treatment for all shareholders in takeover bids.
Powers
The Panel is a statutory body. It has no legal power to enforce its decisions. However, it has established a reputation for giving informed advice in an expert area of regulatory activity. It is the de facto arbiter of takeover bids and has the support of government and other organisations with statutory involvement.
The European Takeovers Directive mandates that the Panel is put on a statutory footing. This was completed in the Companies Act 2006.[1]
Whenever a transaction is made on the LSE or other London-based exchange that is greater than £10,000, the details of the transaction are passed on to the panel for their evaluation, and a levy is charged of (currently) £1.00 on the transaction, which goes to the panel as payment (known as the "PTM levy").[2]
It was decided in R v Panel on Take-overs and Mergers, ex p Datafin plc, that decisions of this panel are subject to judicial review, even though it is only a private body. This was due to its "enormous power" and "giant's strength".[3] As The Panel is now a statutory footing, its decisions can now be reviewed even without referring to this case.
International equivalents
The Panel's equivalent in Australia is the Australian Takeovers Panel.
The Panel's equivalent in Ireland is the Irish Takeover Panel, the statutory body responsible for monitoring and supervising takeovers and other relevant transactions in relevant companies in Ireland.[4]
The Panel's equivalent in New Zealand is the Takeovers Panel which oversees the administration of the Takeovers Code under the Takeovers Act 1993.[5]
The Panel's equivalent in Sweden is the Swedish Securities Council Aktiemarknadsnämnden
References
- ↑ European Takeovers Directive
- ↑ PTM Levy - London Stock Exchange
- ↑ R v Panel on Take-overs and Mergers, ex p Datafin plc, [1987] QB 815, [1987] WLR 699, [1987] 1 All ER 564
- ↑ Irish Takeover Panel
- ↑ New Zealand Takeovers Panel