Equal Treatment of Shareholders Principle in Change of Control Transactions: Legal and Economic Analysis

In this master thesis the author considers the equal treatment of shareholders principle with respect to change of control transactions. The main goal of the paper is to build the ideal normative model of the proper change of control transactions regulation which author believes is to be done based on equal treatment principle. As there are no in-depth studies devoted to the principle of equal treatment in Russian corporate law legal studies, the author conducts a comprehensive theoretical examination of such. The proposed proper regulation of change of control transactions has the equal treatment principle as a basis and uses justice and fairness as evaluation criteria. By building the model of such regulation author takes an attempt to find balance between criteria of justice and fairness and among different conflicting interests on a level of a corporation, as well as on a country-level. The constructed model of the due change of control transactions regulation is used to criticize and propose amendment to the current regulation of change of control transactions in Russia.