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when a controlling shareholder in a corporation seeks to merge with that Corporation the controlling shareholder seems to be in a strong position to take unfair advantage of other shareholders so how can courts examine such a transaction under the deferential business judgment rule a Delaware Chancellor explained how in the case of in-ray mfw shareholders litigation McAndrews and Forbes a holding company owned 43 percent of M and F worldwide Mech Andrews and Forbes offered to buy the rest of m f shares for twenty four dollars a share but McAndrews and Forbes specifically stated that it wouldnt proceed with this purchase called a going private merger unless it was approved by an independent special committee and a majority vote of shareholders unaffiliated with McAndrews and Forbes what the court called the minority shareholders the special committee consisting of independent directors had the right to engage legal and financial advisors and it did the committee was empowered to invest
