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Vol 23 No 5 May/June 2018

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Company Law and Economic Protectionism: New Challenges to European Integration

Edited by: Ulf Bernitz, Wolf-Georg Ringe

ISBN13: 9780199591459
Published: December 2010
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £112.50

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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 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.

Company Law, EU Law
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
13: Katharina Pistor: Sovereign Wealth Funds: Neither Market Investors Nor 'Imperialist Capitalists': A Response to Heike Schweitzer
Part IV: How to overcome economic protectionism?
14: Paul Krüger Andersen: The European Model Company Act (EMCA): A new way forward
15: Jennifer Payne: The Role of European Regulation and Model Acts in Company Law
16: Horst Eidenmüller, Andreas Engert, and Lars Hornuf: How Does the Market React to the Societas Europaea?
17: Jodie A. Kirshner: Empirical Notes on the Societas Europaea;