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  • Brexit
10 Jan 2017

Brexit and Financial Services

John Armour, Faculty of Law

Financial services are a very important sector of the UK’s economy, accounting for between 7-12% of GDP, 11% of gross tax receipts, and 7-12% of employment. In a recent paper, prepared for the Oxford...

OBLB categories

  • M&A
23 Dec 2016

The Vulnerability of European Companies to Creeping Acquisitions: One Recent Example from Italy

Matteo Gatti

Creeping acquisitions, the surreptitious building of a very large position in a public company with neither the consent of the target, nor the prior launch of a tender offer, are a familiar feature...

OBLB categories

  • Brexit
16 Dec 2016

Could the CJEU smooth Brexit?

Marco Lamandini | David Ramos Muñoz

In Europe free movement of capital is enshrined in Article 63 TFEU. However, this freedom had a very slow start; it was recognised as having direct effect only after the CJEU Bordessa judgment. Yet,...

OBLB categories

  • Competition/ Antitrust
13 Dec 2016

Reverse Payment Settlements in the Pharma Sector after the General Court’s Judgment in Lundbeck

Konstantinos Sidiropoulos, Faculty of Law

On 8 September 2016, the General Court (‘GC’) handed down a seminal judgment for the pharmaceutical sector in the Lundbeck case. The judgment is the first ruling of the EU Courts affirming that...
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OBLB categories

  • Commercial Law
13 Dec 2016

The Future of Restructuring Law in Europe: Greater Harmonisation, but at What Cost?

Horst Eidenmüller, St Hugh's College | Kristin van Zwieten, Harris Manchester College

The European Commission has published its “Proposal for a Directive ... on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and...

OBLB categories

  • Corporate Governance
02 Dec 2016

Corporate Governance Reform: UK Government Green Paper

Paul Davies QC (hon), Harris Manchester College

In this Green Paper the Government floats a number of potential reforms in the area of executive remuneration (the main area for consideration in the Paper), making companies more responsive to...

OBLB categories

  • Financial Regulation
  • M&A
01 Dec 2016

Promoter Exits in India: A Real Leash Reined by the Market Watchdog?

Malek-ul-Ashtar Shipchandler | Gaurav Malhotra

Most Indian listed companies are run by promoters who are a set of persons and/ or families having effective control over a listed company. The Securities and Exchange Board of India (SEBI), the...

OBLB categories

  • Financial Regulation
23 Nov 2016

Money Talks: Should the UK Introduce Financial Incentives for Whistleblowers?

Wilmer Cutler Pickering Hale and Dorr LLP

In the years since the financial crisis, the topic of whistleblowing has been high on the public agenda. At the 2016 Anti-Corruption Summit earlier this year, the UK government committed to “...

OBLB categories

  • Commercial Law
  • Corporate Finance
  • M&A
08 Nov 2016

Making Sense out of Appraisal Arbitrage

Richard A. Booth

The appraisal remedy under US corporation law is widely seen as intended to protect stockholders who are forced to sell their shares in a merger. But recently it has become common practice for...

OBLB categories

  • Corporate Governance
02 Nov 2016

What do Colonialism and Pizza Delivery Policies Have to Do with the Wells Fargo Scandal?

Jennifer G. Hill

What do the 17th century colonial struggles between the Dutch and the English, and pizza delivery policies, have to do with the current management meltdown at the US bank, Wells Fargo & Co? As it...
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OBLB categories

  • Brexit
27 Oct 2016

How Brexit will Fail

Pavlos Eleftheriadis, Mansfield College

If Brexit fails, it will do so because withdrawal happens suddenly and with no indication about the future arrangements that will replace membership in the EU. In this short note, I explain how this...
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OBLB categories

  • Brexit
26 Oct 2016

Reading the Tea Leaves? Private International Law in England after EU Exit

Andrew Dickinson, St Catherine's College

The events of 23 June 2016 have turned lawyers into end of the pier fortune tellers. Starved of signal, and befuddled by noise, who among us has not uttered a sentence to a client or colleague in the...

OBLB categories

  • Financial Regulation
25 Oct 2016

Deutsche Bank Contingent Capital

Wande McCunn, New College

This post briefly reflects on the contingent capital (CoCos) issued by Deutsche Bank (DB). It argues that there is some uncertainty around when the CoCos might be triggered. It also highlights...

OBLB categories

  • Corporate Governance
  • Financial Regulation
12 Oct 2016

The Best of Disinfectants

AMEC

The Brazilian Stock Exchange – BM&F Bovespa – has just proposed, as part of the reform of Novo Mercado, that companies listed in the special segments disclose their management compensation as...

OBLB categories

  • Financial Regulation
10 Oct 2016

Capture and Ignorance in Financial Regulation

Mark Calabria

After spending some years in both legislative and regulatory policy roles, I’ve come to even more strongly believe that almost everything you really need to understand regulation can be found in...

OBLB categories

  • Financial Regulation
25 Sep 2016

Four Inconvenient Truths about Fannie and Freddie

Bernard S. Sharfman

The post was originally published on the R Street Institute website. Americans have for years been addicted to long-term (that is, 15 to 30-year) fixed-rate residential mortgage loans. We just can’t...

OBLB categories

  • Financial Regulation
14 Sep 2016

Mind the Gap: Germany’s Federal Constitutional Court’s OMT Decision and Financial Law

Jens-Hinrich Binder

Commenting on a landmark decision in constitutional (and, indeed, institutional European) law may not be the wisest thing to do for a financial lawyer, for what will he or she be able to say? A...

OBLB categories

  • Brexit
06 Sep 2016

ICYMI: "Legislation: Who exactly is taking back control after Brexit?"

OBLB Editors

It is commonly stated that the UK’s departure from the EU will immediately cause a legislative and administrative task on an immense scale, as the UK picks and chooses which EU-sourced rules it will...

OBLB categories

  • Financial Regulation
25 Aug 2016

Regulators as Validators

Roy Shapira

This post was originally published on promarket.org – the blog of the Stigler Center at the University of Chicago Booth School of Business. What deters corporate misbehavior? Two of the most frequent...
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OBLB categories

  • Brexit
  • Financial Regulation
02 Aug 2016

(Don’t) Blame It All on Brexit…

Martin R. Götz | Tobias H. Tröger

A key lesson for policymakers after the financial crisis was to reduce the likelihood of bank bailouts using taxpayers’ funds. Bailing out banks not only stresses public finances – it also undermines...

OBLB categories

  • Brexit
  • Commercial Law
01 Aug 2016

Brexit and Insolvency – A View from the Continent

Bob Wessels

The now famous Article 50 of the Treaty on European Union (‘TEU’) provides that, after receiving a Member State’s notification of the intention to withdraw from the EU, the EU will negotiate with...

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