Company Law and Economic Protectionism New Challenges to European Integration

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 eco

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 (Federation Internationale de Droit Europeen).

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.

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
1. Introduction, Ulf Bernitz and Wolf-Georg Ringe
Part I: EU Law and Economic Protectionism
2. European Company and Financial Law: Observations on European Politics, Protectionism, and the Financial Crisis, Klaus Hopt
3. Is 'Protectionism' a Useful Concept for Company Law and Foreign Investment Policy? An EU Perspective, Crispin Waymouth
4. Protectionism, Capital Freedom and the Internal Market, Jonathan Rickford
5. When the State is the Owner: some further comments on the Court of Justice 'golden shares' strategy, Andrea Bioni
Part II: Takeovers and Mergers
6. The Takeover Directive as a Protectionist Tool?, Paul Davies, Edmund-Philipp Schuster, and Emilie van de Walle de Ghelcke
7. Varieties of Corporate Governance and Reflexive Takeover Regulation, Andrew Johnston
8. Cross-Border Restructuring - Company Law between Treaty Freedom and State Protectionism, Jesper Lau Hansen
9. Mechanisms of Ownership Control and the Issue of Disproportionate Distribution of Power, Ulf Bernitz
Part III: Company Law and Foreclosure of Markets
10. Deviations from Ownership-Control Proportionality - Economic Protectionism Revisited, Wolf-Georg Ringe
11. Deviations from Ownership-Control Proportionality - Private Benefits and the Bigger Picture, Arad Reisberg
12. Sovereign Wealth Funds - Market Investors or 'Imperialist Capitalists'? The European response to direct investments by non-EU state-controlled entities, Heike Schweitzer
13. Sovereign Wealth Funds: Neither Market Investors Nor 'Imperialist Capitalists': A Response to Heike Schweitzer, Katharina Pistor
Part IV: How to overcome economic protectionism?
14. The European Model Company Act (EMCA): A new way forward, Paul Kruger Andersen
15. The Role of European Regulation and Model Acts in Company Law, Jennifer Payne
16. How Does the Market React to the Societas Europaea?, Horst Eidenmuller, Andreas Engert, and Lars Hornuf
17. Empirical Notes on the Societas Europaea, Jodie A. Kirshner