Company Law and Economic Protectionism

U. Bernitz, W.G. Ringe, COMPANY LAW AND ECONOMIC PROTECTIONISM - NEW CHALLENGES TO EUROPEAN INTEGRATION, OUP, 2010

Oxford Legal Studies Research Paper No. 24/2011

10 Pages Posted: 22 Mar 2011

See all articles by Wolf-Georg Ringe

Wolf-Georg Ringe

University of Hamburg - Institute of Law & Economics; University of Oxford - Faculty of Law; Stanford University; European Corporate Governance Institute (ECGI)

Ulf Bernitz

University of Oxford - Faculty of Law

Date Written: 2010

Abstract

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.

Keywords: protectionism, corporate law, economic integration, takeovers, restructuring, corporate governance, Sovereign Wealth Funds, golden shares, financial crisis

JEL Classification: F02, F15, G34, G38, K22

Suggested Citation

Ringe, Wolf-Georg and Bernitz, Ulf, Company Law and Economic Protectionism (2010). U. Bernitz, W.G. Ringe, COMPANY LAW AND ECONOMIC PROTECTIONISM - NEW CHALLENGES TO EUROPEAN INTEGRATION, OUP, 2010, Oxford Legal Studies Research Paper No. 24/2011, Available at SSRN: https://ssrn.com/abstract=1789082

Wolf-Georg Ringe (Contact Author)

University of Hamburg - Institute of Law & Economics ( email )

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Hamburg, 20148
Germany
+49 40 42838 7787 (Phone)
+49 40 42838 6794 (Fax)

HOME PAGE: http://www.ile-hamburg.de

University of Oxford - Faculty of Law

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HOME PAGE: http://www.law.ox.ac.uk/people/wolf-georg-ringe

Stanford University ( email )

Stanford Law School
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Stanford, CA 94305
United States

HOME PAGE: http://law.stanford.edu/directory/wolf-georg-ringe/

European Corporate Governance Institute (ECGI)

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

HOME PAGE: http://ecgi.global/users/wolf-georg-ringe

Ulf Bernitz

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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