The City's Takeover Panel is to look at whether Kraft misled
workers and investors during its takeover of Cadbury.
The Panel is looking into comments made by Kraft during the
takeover battle, in particular relating to Cadbury's Somerdale
factory in Keynsham.
Industry analyst, Professor David Bailey from Coventry
University's Business School said: "As soon as the ink was dry
on the takeover agreement, Kraft executed a swift u-turn and said
it would close the plant by 2011 and their actions have already
been described as 'shameful' for giving people in Keynsham false
hope.
"Keeping open Keynsham was always going to be a very tall order
and the post-takeover strategy was always going to be about cost
cutting and I couldn't see how that could be done without plant
closures
"Given that Kraft had spent so much money on researching the
Cadbury takeover, it should have known well that Cadbury had
invested tens of millions on the new plant in Poland and that plans
for the shift were close to completion. Kraft's promise to protect
Keynsham during the takeover battle now seems like a cynical
attempt to curry favour with workers, shareholders and the
government."
Professor Bailey concluded: "The key outcome from all this
should indeed be a new framework to better protect British firms
from takeovers so we don't see any more cases like Cadbury.
"Whilst Lord Mandelson's recent comments on the need for reform
were very positive, it's a shame that he didn't recognise the need
for legislative changes on this front sooner. The fact that he has
asked the takeover panel to look at the case is an example of too
little too late and I doubt very much whether the outcome will
result in anything concrete.
"The evidence base here is overwhelming: most large takeovers
fail. We need a new law restoring the public interest test for
takeovers alongside changes to the takeover framework and until
these are in place; there is nothing to stop another company
suffering the same fate as Cadbury."