Company Law and Economic Protectionism: New Challenges to European Integration

ISBN-13: 9780199591459 / Angielski / Twarda / 2011 / 400 str.

Ulf U. Bernitz; Wolf-Georg W. Ringe

Opis

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 rules are 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 laws on 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.

Spis treści

From the contents:
1: Ulf Bernitz and Wolf-Georg Ringe: Introduction; Part I: EU Law and Economic Protectionism; 2: Klaus Hopt: European Company and Financial Law: Observations on European Politics, Protectionism, and the Financial Crisis; 3: Crispin Waymouth: Is 'Protectionism' a Useful Concept for Company Law and Foreign Investment Policy? An EU Perspective; 4: Jonathan Rickford: Protectionism, Capital Freedom and the Internal Market; 5: Andrea Bioni: When the State is the Owner: some further comments on the Court of Justice 'golden shares' strategy; Part II: Takeovers and Mergers; 6: 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 Regulation; 8: Jesper Lau Hansen: Cross-Border Restructuring - Company Law between Treaty Freedom and State Protectionism; 9: Ulf Bernitz: Mechanisms of Ownership Control and the Issue of Disproportionate Distribution of Power; Part III: Company Law and Foreclosure of Markets; 10: Wolf-Georg Ringe: Deviations from Ownership-Control Proportionality - Economic Protectionism Revisited; 11: Arad Reisberg: Deviations from Ownership-Control Proportionality - Private Benefits and the Bigger Picture; 12: Heike Schweitzer: Sovereign Wealth Funds - Market Investors or 'Imperialist Capitalists'? The European response to direct investments by non-EU state-controlled entities;

O autorze

Ulf Bernitz, Jur Dr (Stockholm), Dr Jur h.c. (Copenhagen), MA (Oxon) 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 (Fédération Internationale de Droit Européen). ; Wolf-Georg Ringe, MJur (Oxon) 2004), PhD (University of Bonn) 2006, is Lecturer in Law at the University of Oxford, Deputy Director of the Institute of European and Comparative Law and Fellow at Christ Church. He is an associate member of the Oxford-Man Institute of Quantitative Finance and was a Visiting Professor at Columbia Law School in Spring 2010.