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4 August 2025

Shareholder Influence On M&A (Podcast)

KL
Herbert Smith Freehills Kramer LLP

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In this episode we talk about the influence we have seen shareholders have on recent transactions.
United Kingdom Corporate/Commercial Law

In this episode we talk about the influence we have seen shareholders have on recent transactions.

Areas we discuss include shareholders:

  • pushing for M&A
  • influencing M&A, including through the use of irrevocable undertakings and stub equity
  • looking to block deals; and
  • being directly targeted for support by both targets and bidders.

We also discuss the key takeaways for companies when dealing with shareholders.

Speakers: Antonia Kirkby, Knowledge Counsel and Greg Mulley, Partner.

Herbert Smith Freehills Kramer Podcasts · Shareholder Activism EP5: Shareholder influence on M&A

All Episodes

Episode 1: An Introduction to Activism

In the first episode of our shareholder activism podcast series, we give an introduction to activism and look at:

  • what activism is
  • what form an activism campaign may take
  • some of the issues a company may face if it is targeted and
  • how can companies best prepare for activism.

Speakers: Antonia Kirkby, Knowledge Counsel, Mark Bardell, Partner and Neil Blake, Partner

Herbert Smith Freehills Kramer Podcasts · Shareholder Activism: EP1 - An introduction to Activism

Episode 2: What can a company do to prepare for an approach by an activist?

In the second episode of our shareholder activism podcast series, we talk about how companies are increasingly planning for an approach by an activist. We discuss in particular:

  • what companies can be doing now so that they are ready in the event of an activist coming on to their share register; and
  • how boards should respond at the point when an activist does make an approach or acquires shares in the company.

Speakers: Antonia Kirkby, Knowledge Counsel, Mark Bardell, Partner and Greg Mulley, Partner

Herbert Smith Freehills Kramer Podcasts · Shareholder Activism EP2: What can a company do to prepare for an approach by an activist?

Episode 3: Activism and AGMs

In this episode of our shareholder activism podcast series, we discuss activism and AGMs, including:

  • why we see more activism around AGMs,
  • the sorts of areas that activists target and
  • what companies can do to prepare ahead of their next AGM.

Speakers: Antonia Kirkby, Knowledge Counsel, Mark Bardell, Partner and Gareth Sykes, Partner

Herbert Smith Freehills Kramer Podcasts · Shareholder Activism EP3: Activism and AGMs

Episode 4: Activism and M&A

In this episode of our shareholder activism podcast series, we look at activism in the context of M&A. We discuss how shareholders can:

  • encourage M&A, by pushing companies to pursue a transaction;
  • influence M&A, for example by agitating for a higher price from the bidder on a takeover offer; or
  • threaten M&A, by seeking to block a transaction.

We also discuss what parties can do to prepare for or ward off a transaction being challenged by a shareholder or group of shareholders.

Speakers: Antonia Kirkby, Knowledge Counsel, Robert Moore, Partner and Laura Ackroyd, Senior Associate.

Herbert Smith Freehills Kramer Podcasts · Shareholder Activism EP4: Activism and M&A

Episode 5: Shareholder influence on M&A

In this episode we talk about the influence we have seen shareholders have on recent transactions.

Areas we discuss include shareholders:

  • pushing for M&A
  • influencing M&A, including through the use of irrevocable undertakings and stub equity
  • looking to block deals; and
  • being directly targeted for support by both targets and bidders.

We also discuss the key takeaways for companies when dealing with shareholders.

Speakers: Antonia Kirkby, Knowledge Counsel and Greg Mulley, Partner.

Herbert Smith Freehills Kramer Podcasts · Shareholder Activism EP5: Shareholder influence on M&A

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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