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- BUSINESS, Page 75Business NotesTAKEOVERSRaider, Raider, Go Away
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- The '90s have spawned their first backlash movement against
- the merger mania of the '80s. Advocates of tough new
- antitakeover laws that are sprouting from Massachusetts to
- South Dakota claim that the legislation will prevent outsiders
- from looting local firms and throwing residents out of work.
- Critics are concerned that the rules will entrench inefficient
- corporate managers and drive investors elsewhere.
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- The antitakeover trend got a big boost last week when the
- U.S. Supreme Court, in clearing the way for California to
- challenge the merger of two major supermarket chains, ruled
- unanimously that states can sue to prevent or undo
- anticompetitive mergers. "The court decision is a blockbuster,"
- says Robert Litan, a senior fellow at the Brookings
- Institution. "There are 50 loose cannons out there, 50 attorneys
- general who can now stop a merger."
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- The most explosive example of how far states may go to repel
- raiders came two weeks ago, when Pennsylvania Governor Robert
- Casey signed into law the toughest antitakeover statute in the
- U.S. The sweeping measure requires an investor who holds 20%
- or more of a company's shares for less than two years to
- forfeit any profit on shares sold within 18 months of a failed
- takeover bid. The law would discourage takeover artists from
- launching a raid to drive up the price of a target company's
- stock and then selling out at a profit.
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