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When I wrote about this deal in 2008, I noted that Delaware did not have a remedy of oppression; this is a heightened standard of review for inequitable actions by majority shareholders in small, privately held corporations. There is some good commentary out there analyzing this case on oppression grounds. (For detailed commentary along these lines, see this analysis by Prof. Gordon Smith .) This may be true, but the typical remedy of oppression is a buyout or a dissolution — an escape for the shareholder.
Here, eEay is stuck in its position if it does not sell. Delaware courts will still regulate the company to the extent that Mr. Buckmaster and Mr. Newmark may try again to take punitive action against eBay under corporate law rules that regulate self-dealing. These standards will only be triggered if Mr. Buckmaster and Mr. Newmark aim their sights directly at eBay for their benefit.