BULLS & BEARS: Conflict of interest arises when valuing companies

When two companies engage in an acquisition, within the proxy documents delivered to shareholders a "fairness opinion" is routinely provided. The fairness opinion is an analysis of the transaction typically conducted by an investment bank. Corporate boards hire these "third-party" advisers to satisfy their fiduciary duty to shareholders and to protect against legal challenges over a decision to do a deal. These opinions may be delivered by investment banking firms who have no other role in the deal. But they...

 

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