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  • Commercial Law
22 Jul 2019
5 min to read

Reform of China’s ‘Forced’ Technology Transfer Policies

Dan Prud'homme

The US-China ‘trade war’ has captured headlines for more than a year now. One of the primary justifications given by the US government for this onslaught—including a WTO case, tariffs, export...

OBLB categories

  • Financial Regulation
19 Jul 2019
5 min to read

Let’s Agree on Common Identity Verification Rules for a Common Digital Banking Market

Jonas Sturies

Challenger banks do not only challenge traditional banks but also the rules aimed at them. The detail, how banks have to verify the identity of new customers in different jurisdictions, shows how...
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OBLB categories

  • Brexit
  • Corporate Governance
18 Jul 2019
2 min to read

Centros@20 Series: The Rise and Fall of Regulatory Competition in Corporate Insolvency Law in the European Union

Horst Eidenmüller, St Hugh's College

In a recent paper, I discuss the rise and fall of regulatory competition in corporate insolvency law in the European Union. The rise is closely associated with the European Insolvency Regulation (EIR...

OBLB categories

  • Competition/ Antitrust
17 Jul 2019
4 min to read

Harmful Signals: Cartel Prohibition and Oligopoly Theory in the Age of Machine Learning

Stefan Thomas

In my paper ‘Cartel Prohibition and Oligopoly Theory in the Age of Machine Learning’ I deal with the application of the cartel prohibition in the light of alleged legal gaps resulting from the surge...

OBLB categories

  • Commercial Law
  • Corporate Finance
16 Jul 2019
3 min to read

Italy’s new Insolvency Code

Carlo de Vito Piscicelli | Francesco Iodice

On January 10, 2019, the Italian Government enacted the Business Distress and Insolvency Code (the Code). The Code was drafted taking into account the then existing draft of the recently adopted EU...
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OBLB categories

  • Commercial Law
15 Jul 2019
5 min to read

Big Data and the Obsolescence of Consumer Credit Reports

Nikita Aggarwal, Brasenose College

The consumer credit reporting system performs three main functions. First, sharing data about consumers reduces the asymmetry of information in consumer credit markets, whereby credit providers...

OBLB categories

  • Corporate Governance
12 Jul 2019
2 min to read

Centros@20 Series: Regulatory Competition in European Company Law. Where Do We Stand Twenty Years after Centros

Stefano Lombardo

The twentieth anniversary of the important judgment of the European Court of Justice (ECJ) in the Centros case of 9 March 1999 is an opportunity to reassess its impact on developments of freedom of...

OBLB categories

  • Competition/ Antitrust
  • Corporate Finance
  • Corporate Governance
  • M&A
11 Jul 2019
3 min to read

The Rise of Common Ownership: A Call to Arms for Competition Policy?

Anna Tzanaki

Is common ownership the Doomsday Machine for the operation of free markets, competition and capitalism as we know it? An observer of cutting-edge law and economics literature may indeed tend to...
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OBLB categories

  • Corporate Governance
10 Jul 2019
4 min to read

Centros@20 Series: Two Comments on Elizabeth Pollman’s 'Tech, Regulatory Arbitrage, and Limits'

Luca Enriques, Faculty of Law

In a paper to be published in European Business Organization Law Review’s special issue on Centros@20 (summarised here), Elizabeth Pollman provides an answer to the questions of why we don’t see more...

OBLB categories

  • Corporate Governance
  • Financial Regulation
09 Jul 2019
3 min to read

The Case Against the Implementation of Loyalty Shares in Spain

Aurelio Gurrea Martínez

The Spanish Ministry of Economy has recently released a new bill that, among other aspects, proposes an amendment of the Spanish Companies Act to allow listed companies to adopt loyalty shares. These...

OBLB categories

  • Commercial Law
  • Corporate Governance
08 Jul 2019
1 min to read

Call for Papers: Technological Transformations and European Business Law

Iris H-Y Chiu

The European Business Law Review issues a call for papers to appear in a special Issue in second half of 2020. Our theme is 'Technological Transformations and European Business Law'. We are...

OBLB categories

  • Commercial Law
  • Corporate Governance
  • Financial Regulation
05 Jul 2019
3 min to read

The EU Cross-border Distribution of Funds: The Implications for Alternative Investment Funds

Tim Lewis | Jane Tuckley | Phil Bartram | Stephanie Briggs | Sam Kay | Aaron Stocks | Jeremy Elmore | Will Normand

A new package of measures amending the existing regimes governing the cross-border distribution of funds is due to become law shortly: a Directive (the CBD Directive) will amend the existing regimes...
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OBLB categories

  • Commercial Law
04 Jul 2019
5 min to read

The Gig Economy Calls for Identification Within the Indian Labour Laws

Sonam Srivastava | Kushagra Srivastava

The Indian employment laws mandate a person to fall under the definition of ‘employee’ in order to avail the underlying benefits. In this scenario, a gig worker (who is rather a freelancer working on...

OBLB categories

  • Financial Regulation
03 Jul 2019
4 min to read

The Death of a Regulator: Strict Supervision, Bank Lending and Business Activity

Joao Granja | Christian Leuz

A recurring theme in banking crises is the public backlash against bank supervisors for their failure to take prompt and decisive action to unearth and correct problems of weak banks. The latest...

OBLB categories

  • Commercial Law
  • Corporate Governance
  • Financial Regulation
01 Jul 2019
3 min to read

A Legal and Regulatory Framework for Governance of Cryptoassets

Apolline Blandin | Michel Rauchs | Hatim Hussain

In the inaugural Global Cryptoasset Regulatory Landscape Study, a team of researchers at the Cambridge Centre for Alternative Finance, Judge Business School, have compared and contrasted various...

OBLB categories

  • Commercial Law
  • Corporate Governance
28 Jun 2019
5 min to read

The Upcoming Reform of the Japanese Companies Act

Gen Goto | Nobuko Matsumoto

In February 2019 the Legislative Council of Japan (‘Hosei-shingi-kai’) submitted to the Minister of Justice its final report on the proposal for a reform of the Japanese Companies Act, in response to...

OBLB categories

  • Corporate Governance
27 Jun 2019
3 min to read

Shareholder stewardship: A case of (re)-embedding the institutional investors and the corporation?

Dionysia Katelouzou

Institutional investors (that is, mutual funds, managed investment trusts, insurance companies, pension funds and alternative collective investment vehicles) steadily grow their share of publicly...

OBLB categories

  • Commercial Law
  • Corporate Finance
  • Corporate Governance
26 Jun 2019
4 min to read

Private Benefits and Corporate Investment and Financing Decisions: The Case of Corporate Philanthropy

Ronald Masulis | Syed Walid Reza

What is the (opportunity) cost of private benefits of control? Using dollar cost of corporate giving to measure private benefit of control, we show in our study ‘Private Benefits and Corporate...

OBLB categories

  • Financial Regulation
25 Jun 2019
4 min to read

Ever-changing leverage ratio framework may cause regulation fatigue

Mete Feridun

The revised EU Capital Requirements Directive and Regulation, commonly referred to as CRD 5 and CRR 2, refine and continue to implement Basel III framework in the EU. One of the key rules introduced...

OBLB categories

  • Commercial Law
  • Corporate Governance
24 Jun 2019
9 min to read

Centros@20 Series: The Illusion of Motion: Corporate (Im-)mobility and the Failed Promise of Centros

Carsten Gerner-Beuerle | Federico M. Mucciarelli | Edmund Schuster | Mathias Siems

It has now been twenty years since the European Court of Justice delivered its landmark Centros­ decision, followed by a string of cases similarly supportive of corporate mobility. In theory, these...

OBLB categories

  • Corporate Finance
  • Corporate Governance
  • Financial Regulation
21 Jun 2019
2 min to read

Empirical Studies on Gender Diverse Boards: Be Aware of the Value Bias in Corporate Debt

Jan Riepe | Philip Yang

Gender Balancing Laws are popular means for regulators to increase the female representation on corporate boards. Norway was among the first countries to introduce a mandatory board gender quota back...

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