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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Investor Protection in Europe: Corporate Law Making, the MiFID and Beyond

Edited by: Guido Ferrarini, Eddy Wymeersch

ISBN13: 9780199202911
ISBN: 0199202915
Published: October 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00

In stock.

This collection explores the topical issue of investor protection in Europe from both a capital market and a company law perspective, and offers a broad and coherent perspective on regulatory competition and harmonisation concerning companies and securities markets in the EU. Follwing the unitary approach to investor protection, increasingly justified and adopted in Europe after the Enron, and Parmalat scandals, the volume follows recent EU developments in both capital markets and company law, and analyses how these have stimulated academic discussion on regulatory competition and regulatory harmonisation, particularly in the securities area.

Part I of the book deals with competition in securities regulation both from an EU and US perspective. Part II analyses the recent Markets in Financial Instruments Directive, which carries the new regulation of investment services and trading systems and covers the main regulatory issues including conduct of business and internalization. The issue of clearing and settlement, often neglected in academic studies, is also explored.

Part III is dedicated to prospectuses and transparency regulation, while Part IV deals with competition in company law from new angles, such as 'yardstick competition' and 'competition for investments'. Part V deals with the problems of enforcement in the light of Parmalat and other recent scandals, and the collection as a whole concludes with a radical chapter on developing a proposal for extraterritorial courts.

Company Law, Banking and Finance
I Competition and Harmonisation in Securities Regulation
1. Regulatory Competition in Securities Regulation: A European Perspective , E. Wymeersch
2. Structuring Securities Regulation in the European Union: Lessons from the U.S. Experience , D. Langevoort
II The New Directive on markets in financial instruments (MiFID)
3. The MiFID: Competition in a New European Equity Market Regulatory Structure , R. Davies, A. Dufour and B. Scott-Quinn
4. The European Securities Industry. Further Evidence on the Roadmap to Integration , B. Alemanni- G. Lusignani- M. Onado
5. Financial Market Integration in the post-FSAP Era. In Search of Overall Conceptual Consistency in the Regulatory Framework , M. Tison
Conduct of Business and Conflicts of interest
6. Promoting the Retail Investor: The EU's Emerging Strategy and Conduct of Busines , N. Moloney
7. The Eclipse of Contract Law in the Investment- Firm- Client Relationship , P. O. Mülbert
8. Conflicts of Interest in Investment Services: The Price and Uncertain Impact of MiFID's Regulatory Framework , L. Enriques
9. The MiFID and the Lamfalussy Regulatory Structure: the case of Internalization , G. Ferrarini- F. Recine
10. Internalization under the MiFID: Regulatory Overreach or Landmark in Investor Protection? , J. Köndgen- E. Theissen
Clearing and Settlement
11. Aspects of European Clearing and Settlement , E. Wymeersch
III Prospectuses and Disclosure
12. The European Prospectus Directive: The Public Offering Concept , A. Pietrancosta
13. Nonfinancial Disclosure between nullShareholder Valuenull and nullSocial Responsible Investingnull , F. Denozza
IV EC Company Law
14. Political Yardstick Competition and Corporate Governance in the European Union , P. Salmon
15. Beyond Competition for Incorporations , E. Kamar
16. Default Rules in EC Company Law , G. Hertig- J. A. Mc Cahery
V The role of Litigation and Extraterritorial Courts
17. The Role of Litigation and Corporate Scandals Structures in the Parmalat Case , G. Ferrarini- P. Giudici
18. Extraterritorial Courts for Corporate Law , J. Dammann- H. Hansmann