William Bratton - Böcker

The 1980s and 1990s have witnessed the emergence of globalized markets accompanied by an uneven process of national and international deregulation and re-regulation. The combined activities of transnational corporations in manufacturing industries (moving towards the global factory) and the newly privatized businesses in the energy, telecommunications and transportation sectors have fuelled an unprecedented growth in global markets and international business networks. The unexpected but now well established development of capitalism in eastern Europe and the boom in China's special economic zones have added still further to the opportunities and risks inherent in the rapidly developing global economy. For lawyers, economists, and political scientists one of the most significant aspects of the emergence of global markets is the question of regulation: how to regulate market access, product safety, consumer protection laws, financial services, probity and capital adequacy as well as anti-trust and competition laws and policies. Businesses complain that regulatory requirements frequently hinder the development of new markets. At the same time greater public awareness and concern, especially over other global issues such as environment protection, have raised the cost implications of regulatory requirements, sometimes astronmically. The essays in this volume attempt to address the success of efforts in the European Community, the US and elsewhere in the world to regulate in such a way as to accomodate both the interests of business and the wider interests of the public. The volume is divided into several sections, the first which deals with the globalization of regulatory processes. Other sections examine regulatory competition in the field of company law, self-regulation and competition in US corporate law; regulatory regimes in the European Union and the issue of regulatory coordination affecting economic and social insterests. This is an original and wide-ranging collection of essays which will attract a broad readership both in the US and Europe.

The past two decades has witnessed unprecedented changes in the corporate governance landscape in Europe, the US and Asia. Across many countries, activist investors have pursued engagements with management of target companies. More recently, the role of the hostile activist shareholder has been taken up by a set of hedge funds. Hedge fund activism is characterized by mergers and corporate restructuring, replacement of management and board members, proxy voting, and lobbying of management. These investors target and research companies, take large positions in `their stock, criticize their business plans and governance practices, and confront their managers, demanding action enhancing shareholder value. This book analyses the impact of activists on the companies that they invest, the effects on shareholders and on activists funds themselves. Chapters examine such topic as investors' strategic approaches, the financial returns they produce, and the regulatory frameworks within which they operate. The chapters also provide historical context, both of activist investment and institutional shareholder passivity. The volume facilitates a comparison between the US and the EU, juxtaposing not only regulatory patterns but investment styles.