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    <description>Binding communications issued under the takeover regulations are appealable where they require amendment of an open-offer letter, notwithstanding their description as comments or advice. Under the 1997 takeover code, the acquisition threshold was to be assessed against the collective holding of persons acting in concert when acquisitions were made jointly; a member could not be treated as separately liable by isolating that member&#039;s personal holding. The later rule expressly imposing liability on an individual acting in concert introduced a distinct requirement and could not apply retrospectively to acquisitions completed under the earlier regime. The directions based on the past acquisitions were excluded, allowing the open offer to proceed accordingly.</description>
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      <description>Binding communications issued under the takeover regulations are appealable where they require amendment of an open-offer letter, notwithstanding their description as comments or advice. Under the 1997 takeover code, the acquisition threshold was to be assessed against the collective holding of persons acting in concert when acquisitions were made jointly; a member could not be treated as separately liable by isolating that member&#039;s personal holding. The later rule expressly imposing liability on an individual acting in concert introduced a distinct requirement and could not apply retrospectively to acquisitions completed under the earlier regime. The directions based on the past acquisitions were excluded, allowing the open offer to proceed accordingly.</description>
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