Company Law and Economic Protectionism

<br>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). <br>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.<br>

1. Introduction; PART I: EU LAW AND ECONOMIC PROTECTIONISM; 2. European Company and Financial Law: Observations on European Politics, Protectionism, and the Financial Crisis; 3. Is 'Protectionism' a Useful Concept for Company Law and Foreign Investment Policy? An EU Perspective; 4. Protectionism, Capital Freedom and the Internal Market; 5. When the State is the Owner: some further comments on the Court of Justice 'golden shares' strategy; PART II: TAKEOVERS AND MERGERS; 6. The Takeover Directive as a Protectionist Tool?; 7. Varieties of Corporate Governance and Reflexive Takeover Regulation; 8. Cross-Border Restructuring - Company Law between Treaty Freedom and State Protectionism; 9. Mechanisms of Ownership Control and the Issue of Disproportionate Distribution of Power; PART III: COMPANY LAW AND FORECLOSURE OF MARKETS; 10. Deviations from Ownership-Control Proportionality - Economic Protectionism Revisited; 11. Deviations from Ownership-Control Proportionality - Private Benefits and the Bigger Picture; 12. Sovereign Wealth Funds - Market Investors or 'Imperialist Capitalists'? The European response to direct investments by non-EU state-controlled entities; 13. Sovereign Wealth Funds: Neither Market Investors Nor 'Imperialist Capitalists': A Response to Heike Schweitzer; PART IV: HOW TO OVERCOME ECONOMIC PROTECTIONISM?; 14. The European Model Company Act (EMCA): A new way forward; 15. The Role of European Regulation and Model Acts in Company Law; 16. How Does the Market React to the Societas Europaea?; 17. Empirical Notes on the Societas Europaea