Commento sub art. 104 e art. 104 bis del Testo Unico della Finanza (misure difensive in materia di opa)

Translated title of the contribution: Commentary on art. 104 and art. 104 bis of the consolidated finance act (defensive measures in take-overs)

Pierre De Gioia-Carabellese

    Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)


    My rate for this contribution is 2 star. The piece, written in Italian, has been published on a peer-reviewed law commentary, edited by a full professor (Giuseppe Fauceglia) of the University of Salerno and published by Giappichelli, one of the most prestigious law publishers in Italy. The book is part of a law encyclopaedia (Le nuove leggi del diritto dell'economia - The new laws in law and economics), directed by Prof. Sandulli and Santoro.
    The commentary provides a lengthy and in-depth analysis in the matter of the defensive measures in the take-over, both in Italy and in the UK as a result of the implementation of the EU directive 25/2004.
    The research method adopted is based on the revision of both the primary and secondary sources, existing in the two legislations concerned (Italy and the UK) and its discussion in a critical way. The article manages to corroborate, for the first time, the theory of possible flaws in the way the takeover directive has been implemented in Italy in the matter of the defensive measures.
    The article is of international standing, also because written by a British academic in a position to critically assess and evaluate a jurisdiction of international magnitude (the Italian), in connection to the EU over-layer, with a comparison to the British legislation. In this respect, the article does not have precedents, in terms of effectiveness of the final stances it managed to prop up.
    The author, for this specific article, has already been cited up to 50 times in law journals and other edited books.
    Translated title of the contributionCommentary on art. 104 and art. 104 bis of the consolidated finance act (defensive measures in take-overs)
    Original languageItalian
    Title of host publicationCommentario all'offerta pubblica di acquisto
    EditorsGiuseppe Fauceglia
    Place of PublicationTurin
    Number of pages51
    ISBN (Print)978-88-348-0073-7
    Publication statusPublished - 1 Nov 2010


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