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on the Irish Distillers Group Plc offer of 17 November 1988, the Panel ruled that an approach by Pernod Ricard to Irish Distillers shareholders, seeking irrevocable commitments in respect of over 50 per cent of the target's shares, as a prelude to an offer in itself, amounted to a competitive offer.18 Similarly, a competitive situation may arise pursuant to a strategic review announcement made by the target where specific reference is made to an offer (or a merger or a search for an alternative buyer) as an option to be considered as a part of the strategic review.
forecasts, asset valuations, merger benefit statements or proposals for dividend payments.25
One such case is when the takeover bid is subject to merger control and informal clearance has been secured from the relevant regulator.
bid.121 The new Code still provides that behaviour based on inside information relating to another company in the context of a public takeover bid or merger for the purposes of gaining control of that company or proposing a merger with that company does not of itself amount to market abuse (including seeking irrevocable undertakings from shareholders, making arrangements for the underwriting or placing of securities that are
the target company's shares; or whether the transactions concerned are for the sole purpose of gaining that control or effecting that merger.124
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