Regulatory Competition In Company Law In The European Community

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Regulatory Competition in the Internal Market

Barbara Gabor
Regulatory Competition in the Internal Market Book PDF

Author : Barbara Gabor
Publisher : Edward Elgar Publishing
Page : 349 pages
File Size : 55,5 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781781003381

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Regulatory Competition in the Internal Market by Barbara Gabor Pdf

"Regulatory competition within Europe and internationally, operates in several fields with different outcomes. This book offers a comparative legal and economic analysis of corporate, securities and competition law, exploring the reasons behind such differences. The books conceptual framework covers the most relevant drivers of competition, including legal actors incentives, channels of competition and governance design. It shows how the different drivers and institutional designs are shaping competitive interactions, drawing relevant conclusions for both general and field specific regulatory policy. Providing a comparative analysis of regulatory competition in three legal fields, this book will be a valuable resource for researchers and academics in law, economics and political science, as well as policymakers legislator, regulator, judiciary at both national and European levels."--Publisher

Regulatory Competition in Company Law in the European Community

Stefano Lombardo
Regulatory Competition in Company Law in the European Community Book PDF

Author : Stefano Lombardo
Publisher : Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Page : 250 pages
File Size : 49,7 Mb
Release : 2002
Category : Conflict of laws
ISBN : STANFORD:36105063274471

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Regulatory Competition in Company Law in the European Community by Stefano Lombardo Pdf

The work challenges the commonly accepted idea that the European single market needs a harmonized company law as a precondition for its correct functioning, on the basis of a law and economics comparison with the American situation. The study critically analyzes the two major reasons advanced to justify harmonization - the race to the bottom argument and the standardization argument - on the basis of the regulatory competition paradigm and concludes that they are basically wrong. Instead of pursuing harmonization of substantive company law, the proposal is to adjust conflict of law rules in favor of the incorporation theory as ruled by the European Court of Justice in its important Centros-decision of March 1999. Companies should be granted freedom of establishment and free movement among jurisdictions in the European Union.

Comparative Economic Analysis of Regulatory Competition in Corporate Law in Europe and the United States

Robin Eyben
Comparative Economic Analysis of Regulatory Competition in Corporate Law in Europe and the United States Book PDF

Author : Robin Eyben
Publisher : GRIN Verlag
Page : 39 pages
File Size : 48,5 Mb
Release : 2013-08-07
Category : Law
ISBN : 9783638730969

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Comparative Economic Analysis of Regulatory Competition in Corporate Law in Europe and the United States by Robin Eyben Pdf

Master's Thesis from the year 2006 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Sehr Gut, University of Hamburg (Institut für Recht und Ökonomik), language: English, abstract: In the US it is principally the states that are in charge of regulating the internal affairs of corporations. States allow firms to relocate in other states. Hence, it is argued that states are engaging in a process of competing for corporate charters. In the EU this basic setting is today quite similar: the EU Member States have separately created their own corporate law systems for decades. Though only since the European Court of Justice (ECJ) ruled in a series of famous decisions from Centros to Inspire Art that Member States have to recognize firms who are incorporated under other Member States’ corporate law, the possibility for regulatory competition in corporate is opened in the EU as well. Comparing the situations in Europe and America from a law and economics perspective, the guiding hypothesis of this thesis is that while regulatory competition in corporate law can lead to efficient results, several problems have to be taken into account. Inefficiencies in American and European regulatory competition in corporate law are mainly due to these problems. A possible normative solution to such inefficiencies is assessed. Other findings of this thesis involves the following aspects: Firstly, while regulatory competition in corporate law in the U.S. might have been economically efficient in the past, it now can be identified several factors that lead to suboptimal outcomes which can be explained positively by applying existing theories on the issue as complementary ones. Secondly, the European legal and economic situation resembles important factors of the American one while there are some major differences that will probably lead to different outcomes to those in the U.S. – though these are suboptimal as well. Thirdly, a normative conclusion is drawn from these comparative observations. It can be efficient to restructure the framework in which regulatory competition in corporate law takes place in both, the U.S. and the EU. It is proposed a form of procedural harmonization and a simplification of conflict of laws that will allow states to compete for separate modules of legal sectors in corporate law. Thus innovation and learning processes in corporate regulations will be easier comparable and a sustainable race to the top may begin.

The Art of Regulation

Christian Koenig,Bernhard von Wendland
The Art of Regulation Book PDF

Author : Christian Koenig,Bernhard von Wendland
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 52,8 Mb
Release : 2017-02-24
Category : Electronic
ISBN : 9781785367595

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The Art of Regulation by Christian Koenig,Bernhard von Wendland Pdf

Increasingly, EU market regulation measures have been introduced in the pursuit of economic justice and welfare. This book illustrates how regulation can help to prevent the abuse of dominance, in particular the abuse of public capital by the state.

Modernisation and Enlargement

Damien Geradin
Modernisation and Enlargement Book PDF

Author : Damien Geradin
Publisher : Intersentia nv
Page : 404 pages
File Size : 52,9 Mb
Release : 2004
Category : Antitrust law
ISBN : 9789050954327

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Modernisation and Enlargement by Damien Geradin Pdf

This book comprises a set of papers that were prepared for and delivered at the Global Competition Law Centre's Annual Conference "Modernisation and Enlargement: Two Major Challenges for EC Competition Law". The book presents an analysis of the new Regulation 1/2003 on the implementation of the competition rules laid down in Article 81 and 82 of the Treaty. This new Regulation represents a cultural revolution for EC competition lawyers, who were accustomed to notifying agreements in order to obtain some legal certainty for their clients. Modernisation opens up a brand new world where corporations and their lawyers will be asked to self-assess the validity of their agreements under EC competition law. The direct effect given to Article 81(3) will also stimulate implementation at the national level, including actions in national courts, although several procedural issues may impede private actions in courts. Amongc its other features, Regulation 1/2003 also creates a European Competition Network (ECN), which provides an institutional focus for cooperation between the NCAs and the Commission, as well as among the NCAs themselves. Enlargement of the European Union was one of the factors, which contributed to the adoption of Regulation 1/2003. Enlargement will expand the geographical scope of application of EC competition rules, but it will also create many important challenges. The NCAs of the new Member States are relatively new organisations, which in some cases lack the expertise and resources to pursue a credible enforcement agenda. These Member States are, however, willing to take on those challenges and, though a period of adaptation will be needed, there are no reasons why they should be unable to progressively develop a successful competition policy. Already, some agencies (e.g., in Hungary or Poland) have developed a credible enforcement record. This book is invaluable for all EU competition lawyers.

The Oxford Handbook of European Union Law

Anthony Arnull,Damian Chalmers
The Oxford Handbook of European Union Law Book PDF

Author : Anthony Arnull,Damian Chalmers
Publisher : Oxford University Press
Page : 950 pages
File Size : 43,9 Mb
Release : 2015-07-23
Category : Law
ISBN : 9780191653056

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The Oxford Handbook of European Union Law by Anthony Arnull,Damian Chalmers Pdf

Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

European Company Law in Accelerated Progress

Steef M. Bartman,Centre for European Company Law
European Company Law in Accelerated Progress Book PDF

Author : Steef M. Bartman,Centre for European Company Law
Publisher : Kluwer Law International B.V.
Page : 190 pages
File Size : 46,6 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041125293

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European Company Law in Accelerated Progress by Steef M. Bartman,Centre for European Company Law Pdf

As a penetrating evaluation of the EU's capability to improve its corporate regulatory infrastructure and thereby attract more investors and business activities within its territory as a whole, this book offers insights to those interested in the field, from economic policymakers at every level of government to business persons and their counsel.

Handbook of EU Competition Law

Walter Frenz
Handbook of EU Competition Law Book PDF

Author : Walter Frenz
Publisher : Springer
Page : 1507 pages
File Size : 43,5 Mb
Release : 2015-12-18
Category : Law
ISBN : 9783662485934

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Handbook of EU Competition Law by Walter Frenz Pdf

This handbook offers detailed descriptions of EU competition law, including mergers and public authorities. Above all, it analyzes and discusses recent decisions of the ECJ and the General Court. Presenting systematically structured and theoretically founded content, the book also includes recommendations for practitioners. Special attention is paid to the scope of penalties and the influence on fundamental rights. Rounding out the book, the conflict between safeguarding confidential information and the effectiveness of private and public enforcement is discussed intensively in the context of the new Directive 2014/104/EU.

Modernization of European Company Law and Corporate Governance

Gert-Jan Vossestein
Modernization of European Company Law and Corporate Governance Book PDF

Author : Gert-Jan Vossestein
Publisher : Kluwer Law International B.V.
Page : 314 pages
File Size : 47,8 Mb
Release : 2010-01-01
Category : Law
ISBN : 9789041125927

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Modernization of European Company Law and Corporate Governance by Gert-Jan Vossestein Pdf

This new book offers a substantial framework for examining the competence or powers of the EC in the field of company law, and the requirements for the lawful exercise of these powers (the principle of subsidiarity and the observance of Article 43 EC in particular). In order to provide a clear understanding of the practical relevance of this framework, the author tests the provisions of specific EC company law instruments for compatibility with the EC Treaty. Although the substantial body of EC company law that has been built up over the years is covered, the focus is on EC company law instruments which have been adopted in implementation of the 2003 Action Plan. The book includes a survey of the various company law instruments (both pre-and post-Action Plan) which together make up EC company law, and discusses the objectives of EC company law policy. --

The Societas Privata Europaea

Claudia Winkler
The Societas Privata Europaea Book PDF

Author : Claudia Winkler
Publisher : Springer
Page : 195 pages
File Size : 44,8 Mb
Release : 2012-04-27
Category : Law
ISBN : 3709109582

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The Societas Privata Europaea by Claudia Winkler Pdf

Claudia Winkler uses the proposed European private limited liability company (Societas Privata Europaea - SPE) as an occasion to take a fresh and critical look at the arising notion of regulatory competition in European corporate law. The SPE is the newest attempt of the European Union to support union-wide corporate mobility of small and medium enterprises, following the liberalizing line of the ECJ’s case law from Centros to Cartesio. The author defines regulatory competition as an active competition between legislators endeavoring to provide the most efficient and attractive company law, complemented by a dynamic demand by companies in search of the most favorable corporate statute. Winkler shows why regulatory competition is still only a myth in European corporate law and concludes that even the SPE would most likely not boost such a development but rather hinder it in its entirety.

The Evolution of European Competition Law

Hanns Ullrich
The Evolution of European Competition Law Book PDF

Author : Hanns Ullrich
Publisher : Edward Elgar Publishing
Page : 379 pages
File Size : 43,8 Mb
Release : 2006-01-01
Category : History
ISBN : 9781847201867

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The Evolution of European Competition Law by Hanns Ullrich Pdf

Professor Ullrich is thoughtful and attracted star scholars from many countries, so the papers and discussion are provocative and introduce recent economic thinking, although many are written by lawyers. . . The text is lucid and interesting, the thought innovative and anyone seriously interested in competition policy should read these papers and the comments with pleasure. Valentine Korah, World Competition This collection of papers and comments deserves to be widely read, and it should appeal to academics and practitioners alike. The great mix of topics and the variety of views offered make this a very stimulating contribution to the discussion of the new paradigm of EC competition law, the more economic approach, and its implications for the application and interpretation of the various EU antitrust rules. Thomas Eilmansberger, European Law Journal The editor should be congratulated for bringing together this diverse group of scholars whose spirited disagreements remind one of the many challenges faced in exploring the role and function of competition law. Giorgio Monti, European Review of Contract Law With contributions from leading scholars from all over Europe and the US, this book covers the major areas of substantive competition law from an evolutionary perspective. The leitmotiv of the book has been to assess the dividing line between safeguarding and regulating competition, which it does by reviewing the following subjects: foundations of competition policy in the EU and the US strategic competition policy the evolution of European competition law from a national (Italian) perspective the block exemption of vertical agreements after four years the new Technology Transfer Block Exemption cooperative networking mergers in the media sector abuse of market power concepts of competition in sector specific regulation competition, regulation and systems coherence efficiency claims in EU competition law and sector specific regulation. The Evolution of European Competition Law will be of great interest to lawyers, economists, academics, judges and public officials working in the fields of competition law and policy.

Merger Control in the European Union

Edurne Navarro Varona
Merger Control in the European Union Book PDF

Author : Edurne Navarro Varona
Publisher : Unknown
Page : 65 pages
File Size : 44,6 Mb
Release : 2005
Category : Business & Economics
ISBN : 9780199276059

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Merger Control in the European Union by Edurne Navarro Varona Pdf

This second edition provides an exhaustive analysis of the European Community rules relating to merger control, including the new EC Merger Regulation 139/2004 of 20 January 2004 which entered into force on 1 May 2004 and the latest interpretive notices adopted by the European Commission. The book draws upon the authors' detailed and practical knowledge of the subject as officials at DG Competition and practitioners specialising in this field, and will be updated through a companion website.

EU Prospectus Law

Pierre Schammo
EU Prospectus Law Book PDF

Author : Pierre Schammo
Publisher : Cambridge University Press
Page : 415 pages
File Size : 51,5 Mb
Release : 2011-05-19
Category : Law
ISBN : 9781139496322

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EU Prospectus Law by Pierre Schammo Pdf

Pierre Schammo provides a detailed analysis of EU prospectus law (and the 2010 amendments to the Prospectus Directive) and assesses the new rules governing the European Securities and Markets Authority, including the case law on the delegation of powers to regulatory agencies. In a departure from previous work on securities regulation, the focus is on EU decision-making in the securities field. He examines the EU's approach to prospectus disclosure enforcement and its implementation at Member State level and breaks new ground on regulatory competition in the securities field by providing a 'law-in-context' analysis of the negotiations of the Prospectus Directive.

The European Company Statute

Michael Gold
The European Company Statute Book PDF

Author : Michael Gold
Publisher : Peter Lang
Page : 378 pages
File Size : 53,8 Mb
Release : 2009
Category : Business & Economics
ISBN : 303911560X

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The European Company Statute by Michael Gold Pdf

The European Company Statute is one of the most important pieces of company legislation adopted so far by the European Union. Its aim is to regulate the internal functions of a business operating in more than two European countries. This book provides an analysis of the history, structure, legal basis and likely impact of the ECS.

Shareholder Primacy and Global Business

Lela Mélon
Shareholder Primacy and Global Business Book PDF

Author : Lela Mélon
Publisher : Routledge
Page : 220 pages
File Size : 52,8 Mb
Release : 2019-03-13
Category : Law
ISBN : 9780429590139

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Shareholder Primacy and Global Business by Lela Mélon Pdf

In the context of growing public interest in sustainability, Corporate Social Responsibility (CSR) has not brought about the expected improvement in terms of sustainable business. Self-regulation has been unable to provide appropriate answers for unsustainable business frameworks, despite empirical proof that sustainable behaviour is entirely in corporate enlightened self-interest. The lack of success of the soft law approach suggests that hard law regulation may be needed after all. This book discusses these options, alongside the issue of shareholder primacy and its externalities in corporate, social, and natural environment. To escape the "prisoner’s dilemma" European corporations and their global counterparts have found themselves in, help is needed in the form of EU hard law to advocate sustainability through mandatory rules. This book argues that the necessity of these laws is based on the first-mover’s advantage of such corporate law approach towards sustainable development. In the current EU law environment, where codification of corporate law is sought for, forming and defining a general EU policy could not only help corporations embrace this self-enlightened behaviour but could also build the necessary "EU corporate citizenship" atmosphere. Considering the developments in the field of CSR as attempts to mitigate negative externalities resulting from inappropriate shareholder primacy use, the book is centred around a discussion of the shareholder primacy paradigm, its legal position and its (un)suitability for modern global business. Going beyond solely legal analysis, juxtaposing legal principles and argumentation with economic theoretic approaches and, more importantly, real-life examples, this book is accessible to both professionals and academics working within the fields of business, economics, corporate governance and corporate law.