By Ethan Minsky
This is the first instalment of a three part article that will appear in the Securities Law Update. In this first part, we will discuss the basic concepts and guiding principles applied by Canadian securities regulators when they are asked to invalidate defensive measures taken against a take-over bid. In the second and third parts we will discuss two recent decisions, one by the British Columbia Securities Commission and the other by the Alberta Securities Commission, in which these guiding principles were applied.