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active takeover market agency theory Anglo-American and Germanic Banks in Voting board of directors chairman codetermination Commerzbank comparative emphasis compensation corporate governance Deutsche Bank disclosure requirement disclosure rules dismissed dominance downward convergence draft economic employees European facto Fama and Jensen fiduciary duty focused FIFTH DIRECTIVE financial performance firm's firms and shareholders full offer German Banks German trade unions Germanic Systems Gottschalk governance mechanisms governance system harmonization Hoesch holdings house bank incentives incorporate insider trading Integrative Model Krupp large banks largest Lenient disclosure long-term management board management's fiduciary duty mandatory offer provision nonstatutory one-tiered ownership problems prohibits representation rights attached rporate rules for firms shareholder wealth stock options strict disclosure supervisory board System of Corporate takeover code Takeovers and Mergers target firm three big banks title is Proposal two-tiered board structure Ulrike Schaede United Kingdom University of California Vishny voting rights voting shares