Regulatory Competition In Company Law In The European Community: Prerequisites And Limits,New

Regulatory Competition In Company Law In The European Community: Prerequisites And Limits,New

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The work challenges the commonly accepted idea that the European single market needs a harmonized company law as a precondition for tis correct fucntioning, on the basis of a law and economics comparison with the American situation. The Study critically analyzes the two major reasons advances to justify harmonizationthe race to the bottom argument and the standardization argumenton the basis of the regulatory compettion paradigm and concludes that they are basically wrong. Instead of pursuing harmonization fo substantive compnay law, the proposal is to adjust conflict of law rules in favor of the incorporation theory as ruled by the European Couurt of justice in its important Centrosdecision of March 1999/ Companies should be granted freedom of establishment and free movement among jurisdictions in the European Union. Contents: EC company law: the state of the artThe theory of regulation and regulatory competitionThe American market for corporate chartersThe European market for corporate chartersPolicy conclusions.

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