Tvångsinlösenpris vid kontantbud efter Balken-målet

Sammanfattning: The purpose of this paper is to investigate what consequences the discussed Balken-case have had with regards to freeze-out prices decisions for cash bids. In order to evaluate this, a comparison with a previous study is made. Last but not least, the aim is also to see what kind of arguments the minority successfully can make use of in order to reach a higher freeze-out price nowadays. Underlying the results is basically an empirical survey based on arbitrations disclosing the tendencies after the Balken-case compared to before. The empirical investigation shows that practice has become more clear and uniform after the settlement of the Balken-case where a movement from theoretical values towards market prices is recommended. Due to this, the motions of parent companies win in more than twice as many cases as compared to earlier and in general it is substantially more difficult for the minority to reach high freeze-out prices. However, success of the minority is mainly a result of the parent company’s sometimes deviant motions. Further, there tend to be several gaps within the practice established after the Balken-case. We conclude that those might be of great importance to the minority’s possibilities to reach high freeze-out prices.