An economics expert at Coventry University has said it should be
made more difficult for companies - whether British or foreign - to
make take-over bids for established British firms.
Professor David Bailey from Coventry University's Business
School was speaking as new reports from the US suggest that
chocolate firm Hershey is now contemplating a solo bid in an effort
to get its hands on the iconic British brand, Cadbury.
Analysts are suggesting that Hershey is looking at an offer of
at least £10.2bn (or $17bn) to outflank Kraft's hostile bid
of £9.8bn.
Professor Bailey said: "Hershey has eyed Cadbury before
(notably back in 2008) and the appeal for Hershey is obvious. The
latter is very much limited in its market appeal to North and South
America, and is around just half the size of Cadbury. Cadbury would
open up new markets in Europe and, critically, emerging markets
such as India."
Although Hershey has more in common with Cadbury than rival
bidder, Kraft, there would of course be no real guarantees that
production would stay in the UK.
However, one of the main concerns for Professor Bailey is the
behaviour of RBS, the British based bank which is now helping to
bankroll Kraft's hostile bid for Cadbury.
Professor Bailey said: "Unlike other banks, RBS apparently
left it until the last possible moment to tell Cadbury what it was
doing and it is ironic that a bank that needed to be bailed out by
taxpayers is now helping to prop up a hostile take-over bid for a
well known and well loved British company.
"Most takeovers fail. They fail for shareholders let alone
workers and society. They fail because of the disruption and
organisational costs that they impose. They fail because
shareholders, especially the hedge funds all too often lack
long-term commitment and are too often willing to sell out for a
quick profit without thinking about the long-term downside for them
or for society"
"The upshot is that takeovers, especially hostile ones, need to
be made more difficult so that efficient businesses can plan and
invest long-term and grow their businesses organically."
Professor Bailey believes that one way to avoid hostile takeover
bids is to put in place a tougher competition policy which
scrutinises takeovers more carefully.
Professor Bailey added: "There are various ways in which
hostile takeover bids could be discouraged. Competition law could
be amended to scrutinise such bids more intensely, the takeover
code could be changed so that bidders have to signal at an earlier
trigger point that they are looking to make a takeover, and
corporate governance could be changed to give other stakeholders a
say. We need to 'throw some sand' in the wheels of the takeover
machine".