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Moreover, it is submitted that any attempt to mandate the 1S1V in the EU may induce companies to move either to pyramidal structures, or worse yet, to use complex derivative instruments to decompose the 1S1V. While pyramidal holdings may further facilitate expropriation of private benefits of control as compared to the status-quo, the decomposition of the 1S1V can i) further advance heterogeneity of preferences of shareholders, ii) create incentives for negative voting arbitrage, iii) encourage the approval of value-reducing transactions or worse yet, become a takeover defence. Hence, even if the EC can hypothetically move corporate Europe from controlled ownership structures to minority ownership ones, the 1S1V is clearly worse than the status quo, and, paradoxically, instead of advancing rights of disadvantaged shareholders, the 1S1V can further demote shareholder rights in the EU...
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Common topics in this essay:
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