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Takeover Law in the EU and the USA


ISBN13: 9789041119193
ISBN: 9041119191
Published: September 2002
Publisher: Kluwer Law International
Format: Hardback
Price: £144.00



Despatched in 11 to 13 days.

The societal benefits of takeovers - in the form of enhanced competition and productivity - have been well documented. Moreover, many scholars believe that the very possibility of a hostile takeover urges incumbent management to be more productive, thus ultimately enhancing shareholder welfare. Starting from such premises as these, Dr Forstinger offers an in-depth comparative analysis of takeover law as it exists in the United States and as it is currently developing in Europe. The latter emphasizes the failed takeover directive of 2001, as its content is already determining new proposals currently in preparation. Among the salient topics that arise in the course of the discussion are the following: the conflicting interests of the various stakeholders-shareholders, managers, employees, creditors, governments, ""raiders"", and others; the state competition question from the US perspective and the prospects of a market for incorporations in the EU; the tension between harmonization and regulatory competition in context with takeover laws; and the focus on current takeover regulation in the UK, Germany and Austria.;The study concludes with recommendations for reflexive harmonization of takeover law in the European Union responding to the complex needs of the diverse corporate law systems of the member states. All company lawyers and corresponding regulators - especially but not exclusively in Europe - should appreciate the clear scholarship and thought that are apparent in this book.

Contents:
I. Introduction. A. Harmonization and Regulatory Competition. B. The Research Questions. C. Terminology. D. Are Takeovers Beneficial for the Society? E. The Interest in an Efficient Capital Market. II. Stakeholders in Companies and their Interests in Takeovers. III. U.S. and European Company Law and the Harmonization Program of the European Union. A. U.S. Company Law. B. European Company Law and the Harmonization Program of the EU. IV. The State Competition Question. A. The State Competition Question from the United States Experience. V. Takeover Law under State Competition. A. Introduction. B. Takeover Laws from the U.S. Perspective. C. Takeover Laws from the European Perspective. D. Takeover Law under State Competition. VI. Regulatory Competition versus Harmonization in European Takeover Law: What the Appropriate Way May Look Like. A. Some Observations on Current Issues of EU Company Law as Precondition for Examining European Takeover Regulation. B. EU Takeover Law and the Tension between Harmonization and Regulatory Competition. C. The Appropriate Way of Regulating EU Takeover Law. VII. Conclusion. References. U.S. Cases. Cases of the European Court of Justice. Index.

Series: European Monographs

The Agricultural Law of the EU 2nd ed (eBook) ISBN 9789403544212
Published May 2022
Kluwer Law International
£185.00
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The Agricultural Law of the EU 2nd ed ISBN 9789403544113
Published May 2022
Kluwer Law International
£185.00
GDPR: Personal Data Protection in the European Union (eBook) ISBN 9789403532714
Published April 2021
Kluwer Law International
£133.00
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GDPR: Personal Data Protection in the European Union ISBN 9789403532707
Published April 2021
Kluwer Law International
£133.00
Remedies and Procedures before the EU Courts 2nd ed (eBook) ISBN 9789403511146
Published April 2020
Kluwer Law International
£246.00
(ePub)
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Remedies and Procedures before the EU Courts 2nd ed ISBN 9789403511405
Published April 2020
Kluwer Law International
£246.00
£111.00
(ePub)
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General Principles of EU Law and the EU Digital Order ISBN 9789403511658
Published January 2020
Kluwer Law International
£120.00
A Legal Analysis of NGOs and European Civil Society ISBN 9789403512518
Published June 2019
Kluwer Law International
£119.00
Finance for SMEs: European and International Regulation ISBN 9789403501611
Published June 2019
Kluwer Law International
£100.00
£96.00
Brexit: The Legal Implications ISBN 9789041195401
Published December 2018
Kluwer Law International
£122.00
The New EU Judiciary: An Analysis of Current Judicial Reforms (eBook) ISBN 9789041168405
Published December 2017
Kluwer Law International
£149.00
(ePub)
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The New EU Judiciary: An Analysis of Current Judicial Reforms ISBN 9789041168344
Published December 2017
Kluwer Law International
£149.00
Cross-Border Transfers of Undertakings. A European Perspective ISBN 9789041192271
Published October 2017
Kluwer Law International
£144.00
Simplification of Debt Collection in the EU ISBN 9789041148544
Published September 2014
Kluwer Law International
£218.00
£172.00
European Contract Law and German Law ISBN 9789041125880
Published January 2014
Kluwer Law International
£262.00
General Principles of EU Law eand European Private Law ISBN 9789041146830
Published December 2013
Kluwer Law International
£140.00
Citizenship Rights and Freedom of Movement in the European Union ISBN 9789041146601
Published June 2013
Kluwer Law International
£135.00
EU Higher Education Law: The Bologna Process and Harmonization by Stealth ISBN 9789041133656
Published February 2011
Kluwer Law International
£128.00
The Eclipse of the Legality Principle in the European Union ISBN 9789041132628
Published December 2010
Kluwer Law International
£135.00
EU Law and Obesity Prevention ISBN 9789041127068
Published October 2010
Kluwer Law International
£159.00
EU Law and Harmonization of Takeovers in the Internal Market ISBN 9789041133403
Published September 2010
Kluwer Law International
£132.00
The Ne Bis in Idem Principle EU Law: Conceptual Jurisprudential ISBN 9789041131560
Published August 2010
Kluwer Law International
£121.00
The European Union Legal Order after Lisbon ISBN 9789041131522
Published May 2010
Kluwer Law International
£167.00
Directory of EU Case Law on the Preliminary Ruling Procedure ISBN 9789041131508
Published August 2009
Kluwer Law International
£185.00
Multilingual Interpretation of European Community Law ISBN 9789041128539
Published June 2009
Kluwer Law International
£120.00
Reverse Discrimination in EC Law ISBN 9789041127518
Published February 2009
Kluwer Law International
£120.00
General Principles of EC Law in a Process of Development ISBN 9789041127051
Published June 2008
Kluwer Law International
£167.00
Impact Assessment in EU Lawmaking ISBN 9789041127204
Published May 2008
Kluwer Law International
£162.00
External Relations Law of the European Community ISBN 9789041126047
Published March 2008
Kluwer Law International
£202.00
EU Enlargement and the Failure of Conditionality ISBN 9789041126962
Published February 2008
Kluwer Law International
£176.00
Free Movement Of Persons Within The European Community 2nd ed ISBN 9789041125453
Published June 2007
Kluwer Law International
£167.00
Competition Law and Consumer Protection ISBN 9789041123800
Published May 2005
Kluwer Law International
£212.00
The Optimal Enforcement of EC Antitrust Law
ISBN 9789041117571
Published April 2004
Kluwer Law International
£170.00
Dealing with Dominance: The Experience of National Competition Authorities ISBN 9789041122117
Published March 2004
Kluwer Law International
£205.00
Communications in EU Antitrust Law ISBN 9789041119742
Published March 2003
Kluwer Law International
£212.00
Regional State Aid and Competition Policy ISBN 9789041119759
Published February 2003
Kluwer Law International
£145.00
Nationality Discrimination in the European Internal Market ISBN 9789041119988
Published January 2003
Kluwer Law International
£128.00
The European Union in Search of a Democratic and Constitutional Theory ISBN 9789041118721
Published August 2002
Kluwer Law International
£233.00
EU Regulation and Transatlantic Trade ISBN 9789041118714
Published August 2002
Kluwer Law International
£188.00
Judicial Protection Through the Use of Article 288(2)EC ISBN 9789041118233
Published August 2002
Kluwer Law International
£197.00
Cross Border Insolvencies in EU, English and Belgian Law ISBN 9789041118882
Published July 2002
Kluwer Law International
£162.00
Police and Justice Co-operation and the New European Borders
ISBN 9789041118936
Published July 2002
Kluwer Law International
£197.00
The Liberalization of Postal Services in the European Union
ISBN 9789041117809
Published May 2002
Kluwer Law International
£243.00
Multilevel Governance in the European Union
ISBN 9789041118127
Published April 2002
Kluwer Law International
£144.00
Europe and Refugees: Towards an EU Asylum Policy ISBN 9789041117090
Published March 2002
Kluwer Law International
£170.00
European Cooperation Between Tax, Customs and Judicial Authorities ISBN 9789041117472
Published December 2001
Kluwer Law International
£162.00
Towards an EU Right to Education ISBN 9789041116703
Published October 2001
Kluwer Law International
£243.00
The Liberalization of Electricity and Natural Gas in the European Union ISBN 9789041115607
Published June 2001
Kluwer Law International
£188.00
Convergence of Competition Laws and Policies in the European Community
ISBN 9789041115621
Published February 2001
Kluwer Law International
£197.00
General Principles of European Community Law
Edited by: Ulf Bernitz
ISBN 9789041114020
Published June 2000
Kluwer Law International
£173.00
European Defence Procurement Law ISBN 9789041111678
Published July 1999
Kluwer Law International
£167.00
Public Procurement ISBN 9789041111616
Published May 1999
Kluwer Law International
£167.00
Principles of Proportionality in European Law ISBN 9789041108661
Published June 1998
Kluwer Law International
£215.00
Current and Future Perspectives on EC Competition Law
ISBN 9789041106919
Published October 1997
Kluwer Law International
£164.00
The Evolving Concept of Community Citizenship ISBN 9789041108784
Published July 1996
Kluwer Law International
£218.00
National Parliaments as Cornerstones of European Integration
ISBN 9789041108982
Published May 1996
Kluwer Law International
£156.00
State Entrepreneurship, National Monopolies and European Community Law
ISBN 9789065447739
Published July 1995
Kluwer Law International
£130.00
Financial and Monetary Integration in the EEC
ISBN 9789065447180
Published July 1995
Kluwer Law International
£139.00
The Legislative Process in the EC ISBN 9789065446909
Published July 1995
Kluwer Law International
£140.00
The Agricultural Law of the EC ISBN 9789065448675
Published October 1994
Kluwer Law International
Out of print
Culture and Community Law ISBN 9789065446381
Published July 1994
Kluwer Law International
£137.00
The European Economic Area: EC-EFTA
Edited by: Jules Stuyck
ISBN 9789065448156
Published June 1994
Kluwer Law International
£130.00