Sch 1C para 8
(1) For the purposes of paragraph 7, “the equitable price” is the highest price paid for the same securities by the offeror, or by persons acting in concert with the offeror, over a period, determined by rules, of not less than 6 and not more than 12 months before the mandatory takeover bid is announced. (2) Rules must ensure that if, after the mandatory takeover bid has been made public and before the offer closes for acceptance, the offeror or any person acting in concert with the offeror purchases securities at a price higher than the offer price, the offeror must increase the offer consideration so that it is not less than the highest price paid for the securities so acquired. (3) Rules may confer power on the Panel to adjust the equitable price in circumstances and in accordance with criteria that are clearly determined. (4) Rules must ensure that any decision by the Panel to adjust the equitable price must be substantiated and made public.