Oxford Business Law Blog

In a chapter of the book ‘The Law and Finance of Related Party Transactions’ (L Enriques and T Tröger eds, CUP 2019), I explain why some controlling shareholders in bad-law jurisdictions ‘generously...

In my new paper 'Revisiting Legal Capital', I argue for the UK to revisit the legal capital (maintenance of capital) doctrine. Leaving the EU could present an opportunity, but to reform legal capital...

It is settled case law of the Court of Justice of the European Union (CJEU) that parent companies can be fined for competition law infringements committed by their subsidiaries and that successor...

Centros and the cases following it had a profound transformational effect on European company law. While it has so far not resulted in fully-fledged regulatory competition for publicly traded...

A Case for Shareholders’ Fiduciary Duties in Common Law Asia seeks to reconceptualise the role of shareholders in listed companies as one that should include fiduciary duties, particularly the duty...

In our article, we aim to analyse the issue of non-financial information, as ultimately regulated by the European Directive 2014/95/EU, and its implementation by each European Member State, with an...

The current debate on the competitive risks of common ownership has focused on whether index investments soften competition among portfolio companies. However, even if one concedes, in arguendo, that...

Sovereign nations urgently need help in resolving unsustainable debt burdens. The median public debt of the sixty low-income developing countries increased from 33.5% of GDP in 2013 to 47% of GDP in...

EU Regulation 2015/848 on insolvency proceedings (Recast) laid down new rules on the debtor’s ‘centre of main interests’ (COMI). However, one may doubt that these efforts have succeeded. Moreover, ‘...

Twenty years ago, the Court of Justice surprised observers when it handed down its Centros judgement. Until then, it was believed that the internal market was about opening borders and ensuring a...

Autonomous systems are entering our everyday lives. But what are they in legal terms? Are we just looking at sophisticated objects? Or should autonomous systems be treated as legal subjects, somewhat...

Evaluating academic research output is a never-ending challenge. Such evaluation is an integral part of internal hiring, promotion, and tenure procedures, and of external funding decisions and...

In the aftermath of the 2007–2009 financial crisis, a series of alternative financing solutions have emerged, of which one of the most successful are Initial Coin Offerings (ICOs). ICOs are a way to...

Distributed ledger technology (DLT) and blockchain have attracted massive investment interest globally, which reflects their substantial transformative potential, especially in the financial sector...

For more than 150 years, limited liability has been a defining characteristic of many business entities. This legal concept is often credited with spurring economic growth and the development of...

Cash flow and balance sheet insolvency tests are the two predominant means of determining insolvency. A company is cash flow or commercially insolvent if it is unable to pay its debts as they fall...

The procedures followed by listed companies to determine the number and outcome of the votes cast at the shareholders' general meetings have received little attention in legal literature. In Spain,...

Soft law instruments are increasingly prevalent in the area of restructuring and insolvency law. These instruments, all embodied in legally non-binding texts, often originate from so-called standard-...