Abstract

http://ssrn.com/abstract=910205
 
 

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After Enron: Improving Corporate Law and Modernising Securities Regulation in Europe and the US


John Armour


University of Oxford - Faculty of Law; University of Oxford - Said Business School; European Corporate Governance Institute (ECGI)

Joseph A. McCahery


Tilburg University - School of Law; European Banking Center (EBC); European Corporate Governance Institute (ECGI); Duisenberg School of Finance; Tilburg Law and Economics Center (TILEC)

June 2006

Amsterdam Center for Law & Economics Working Paper No. 2006-07

Abstract:     
At the end of the twentieth century, it was thought by many that the Anglo-American system of corporate governance was performing effectively and some observers claimed to see an international trend towards convergence around this model. There can be no denying that the recent corporate governance crisis in the US has caused many to question their faith in this view. This collection of essays provides a comprehensive attempt to answer the following questions: first, what went wrong - when and why do markets misprice the value of firms, and what was wrong with the incentives set by Enron? Secondly, what has been done in response, and how well will it work - including essays on the Sarbanes-Oxley Act in the US, UK company law reform and European company law and auditor liability reform, along with a consideration of corporate governance reforms in historical perspective. Three approaches emerge. The first two share the premise that the system is fundamentally sound, but part ways over whether a regulatory response is required. The third view, in contrast, argues that the various scandals demonstrate fundamental weaknesses in the Anglo-American system itself, which cannot hope to be repaired by the sort of reforms that have taken place.

[This essay is the introductory chapter to J. Armour and J.A. McCahery (eds.), After Enron: Improving Corporate Law and Modernising Securities Regulation in Europe and the US, forthcoming 2006 (Oxford: Hart Publishing)].

Number of Pages in PDF File: 30

Keywords: securities

JEL Classification: G30, K22

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Date posted: June 21, 2006  

Suggested Citation

Armour, John and McCahery, Joseph A., After Enron: Improving Corporate Law and Modernising Securities Regulation in Europe and the US (June 2006). Amsterdam Center for Law & Economics Working Paper No. 2006-07. Available at SSRN: http://ssrn.com/abstract=910205 or http://dx.doi.org/10.2139/ssrn.910205

Contact Information

John Armour (Contact Author)
University of Oxford - Faculty of Law ( email )
Oriel College
Oxford, OX1 4EW
United Kingdom
+44 1865 286544 (Phone)
University of Oxford - Said Business School ( email )
Park End Street
Oxford, OX1 1HP
Great Britain
European Corporate Governance Institute (ECGI) ( email )
c/o ECARES ULB CP 114
B-1050 Brussels
Belgium
HOME PAGE: http://www.ecgi.org
Joseph A. McCahery
Tilburg University - School of Law; European Banking Center (EBC) ( email )
Warandelaan 2
Tilburg, 5000 LE
Netherlands
+31-(0)13-466-2306 (Phone)
+31-(0)13-466-2323 (Fax)
European Corporate Governance Institute (ECGI)
c/o ECARES ULB CP 114
B-1050 Brussels
Belgium
HOME PAGE: http://www.ecgi.org
Duisenberg School of Finance ( email )
Gustav Mahlerplein 117
Amsterdam, 1082 MS
Netherlands
Tilburg Law and Economics Center (TILEC)
Warandelaan 2
Tilburg, 5000 LE
Netherlands
Feedback to SSRN


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