Company Law and Economic Protectionism: New Challenges to European Integration

Hardcover | January 2, 2011

EditorUlf Bernitz, Wolf-Georg Ringe

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The financial crisis has brought about a revival of state protectionism across the globe. Most Western leaders have made a virtue of big government and state intervention; bail-outs and Sovereign Wealth Funds have been among the first responses to the economic contraction. Company law rulesare one of the instruments frequently used to restrict or to discourage integration or to deter foreign investment. Examples for the new protectionism can be seen in a wide range of legislative and regulatory measures, for instance state measures preventing foreign takeovers, 'golden shares' or lawson foreign direct investment targeting Sovereign Wealth Funds, mainly from Asia. This book presents timely research by a number of company law and EU law experts into this field of law. The chapters cover a broad range of topics, spanning from takeovers/mergers over the one share-one vote debate through to the foreclosure of markets against Sovereign Wealth Funds.

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The financial crisis has brought about a revival of state protectionism across the globe. Most Western leaders have made a virtue of big government and state intervention; bail-outs and Sovereign Wealth Funds have been among the first responses to the economic contraction. Company law rulesare one of the instruments frequently used to ...

Ulf Bernitz is Professor of European Law at Stockholm University and the Director of the Oxford/Stockholm Wallenberg Venture in European Law. His main fields of research are European internal market, competition and intellectual property law. He is former President of the FIDE (Federation Internationale de Droit Europeen). Wolf-Georg ...
Format:HardcoverDimensions:368 pagesPublished:January 2, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199591458

ISBN - 13:9780199591459

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Table of Contents

1. Ulf Bernitz and Wolf-Georg Ringe: IntroductionPart I: EU Law and Economic Protectionism2. Klaus Hopt: European Company and Financial Law: Observations on European Politics, Protectionism, and the Financial Crisis3. Crispin Waymouth: Is 'Protectionism' a Useful Concept for Company Law and Foreign Investment Policy? An EU Perspective4. Jonathan Rickford: Protectionism, Capital Freedom and the Internal Market5. Andrea Bioni: When the State is the Owner: some further comments on the Court of Justice 'golden shares' strategyPart II: Takeovers and Mergers6. Paul Davies, Edmund-Philipp Schuster, and Emilie van de Walle de Ghelcke: The Takeover Directive as a Protectionist Tool?7. Andrew Johnston: Varieties of Corporate Governance and Reflexive Takeover Regulation8. Jesper Lau Hansen: Cross-Border Restructuring - Company Law between Treaty Freedom and State Protectionism9. Ulf Bernitz: Mechanisms of Ownership Control and the Issue of Disproportionate Distribution of PowerPart III: Company Law and Foreclosure of Markets10. Wolf-Georg Ringe: Deviations from Ownership-Control Proportionality - Economic Protectionism Revisited11. Arad Reisberg: Deviations from Ownership-Control Proportionality - Private Benefits and the Bigger Picture12. Heike Schweitzer: Sovereign Wealth Funds - Market Investors or 'Imperialist Capitalists'? The European response to direct investments by non-EU state-controlled entities13. Katharina Pistor: Sovereign Wealth Funds: Neither Market Investors Nor 'Imperialist Capitalists': A Response to Heike SchweitzerPart IV: How to overcome economic protectionism?14. Paul Kruger Andersen: The European Model Company Act (EMCA): A new way forward15. Jennifer Payne: The Role of European Regulation and Model Acts in Company Law16. Horst Eidenmuller, Andreas Engert, and Lars Hornuf: How Does the Market React to the Societas Europaea?17. Jodie A. Kirshner: Empirical Notes on the Societas Europaea