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  • H Eidenmüller and H Großerichter, 'Alternative Dispute Resolution' in J Basedow, G Rühl, F Ferrari, P de Miguel Asensio (ed), Encyclopedia of Private International Law (Elgar 2017)
  • H Eidenmüller and J Stark, 'Behavioural Economics and Private International Law' in J Basedow, G Rühl, F Ferrari, P de Miguel Asensio (ed), Encyclopedia of Private International Law (Elgar 2017)
  • E Fisher, 'Blazing Upstream? Strategic Environmental Assessment as ‘Hot’ Law' in Gregory Jones and Eloise Scotford (eds), The Strategic Environmental Assessment Directive: A Plan for Success (Hart 2017)
  • JA Armour, H Fleischer, V Knapp and M Winner, 'Brexit and Corporate Citizenship' (2017) European Business Organization Law Review 225
    The UK’s recent vote for Brexit has sparked a fierce debate over the implications for the rights of EU citizens living in the UK and UK citizens living in the rest of the EU. So far, however, there has been relatively little discussion of the implications of Brexit for legal persons – that is, corporate citizens of the EU, which may also be profoundly affected by consequent changes. The ECJ’s 1999 decision in Centros made clear that the freedom of establishment protects the entitlement of corporate persons formed in one EU Member State to carry on their business in another Member State. Since then, many entrepreneurs in continental European countries have chosen to form companies in the UK, while still carrying on their business in their home country. What will the consequences of Brexit be for such companies?
    ISBN: 1566 7529
  • JA Armour, 'Brexit and Financial Services' (2017) 33 Oxford Review of Economic Policy S54
    DOI: 10.1093/oxrep/grx014
    Financial services constitute an important net export for the UK economy, for which the rest of the EU is the largest market. This paper considers the likely consequences of Brexit for this sector. A ‘soft’ Brexit, whereby the UK leaves the EU but remains in the single market, would be a lower-risk option for the City than other Brexit options, because it would enable financial services firms to continue to rely on regulatory passporting rights. Under a ‘hard’ Brexit scenario, where the UK leaves the single market, the UK might in principle be able to benefit from the EU’s third country ‘equivalence’ frameworks for financial services, but these are cumbrous and incomplete alternatives to passporting. UK firms would find it considerably more costly to export to the EU. This would also be a loss to the EU27, because the UK specializes in capital markets services for which the EU, over-reliant on banking, recognizes a need. However, much of this ‘UK’ activity is provided by subsidiaries of US-headquartered groups. In the event of hard Brexit, these firms may be able to compete just as effectively from New York as from London. If soft Brexit proves politically impossible, it seems highly desirable that the UK push for a transition period of continued EU membership pending at the very least completion of equivalence determinations and, more usefully, the conclusion of a suitable bilateral agreement.
    ISBN: 1460-2121
  • P P Craig, 'Brexit and Relations between the UK and the EU' in M Dougan (ed), The UK after Brexit, Legal and Policy Challenges (Intersentia 2017)
  • P P Craig, 'Brexit, A Drama: The Interregnum ' (2017) Yearbook of European Law 1
  • H Collins, 'Building European Contract Law on Charter Rights' in Hugh Collins (ed), European Contract Law and the Charter of Fundamental Rights (Intersentia 2017)
    Examines the debates about the proper scope for the application of the EU Charter of Fundamental Rights to EU Contract Law, provides an introduction to the essays in the volume, and concludes by arguing that the Charter of Fundamental Rights will be used by the Court of Justice to provide foundations for a general EU contract law.
    ISBN: 978-1-78068-433-8
  • P P Craig, 'Comparative Administrative Law and Political Structure' (2017) Oxford Journal of Legal Studies 1 [Review]
  • P Eleftheriadis, 'Constitutional Illegitimacy over Brexit' (2017) 88 Political Quarterly 183
    Members and supporters of the British government say that the only constitutionally legitimate course of action over Brexit after the referendum is to press ahead with withdrawal from the European Union, even if that would entail the complete severance of all ties (which we normally call ‘hard Brexit’). A more sophisticated view of the constitution, however, shows that these more or less populist arguments are false. As the Supreme Court confirmed in the recent Gina Miller judgment, the constitution did not change with the June referendum. Parliament is still supreme and determines both ordinary legislation and constitutional change. In fact, if one examines closely the claim that the referendum entails hard Brexit, it becomes obvious that this claim is false as well. The referendum opened the door for one among four different possibilities. Which Brexit option—if any—the United Kingdom should take is a matter for Parliament now to decide, following the normal processes of democratic deliberation and representation.
  • R Ekins, 'Constitutional practice and principle in the Article 50 litigation' (2017) 133 Law Quarterly Review 347 [Case Note]
  • H Eidenmüller, 'Contracting for a European Insolvency Regime' (2017) 18 European Business Organization Law Review (forthcoming)
  • J Rowbottom, 'Crime and communication: do legal controls leave enough space for freedom of expression' in L. Gillies and D. Mangan (eds), The Legal Challenges of Social Media (Edward Elgar 2017)
  • P P Craig, 'Development of the EU' in C Barnard and S Peers (eds), European Union Law (Oxford University Press 2017)
  • E Brameshuber and J Adams-Prassl, 'Die “europäische Säule sozialer Rechte"' in P Aschauer and E Brameshuber (eds), Jahrbuch Sozialversicherungsrecht (NWV Verlag 2017)
  • P Yowell, 'Dworkin, Interpretation and Legal Change' in S Glanert and F Girard (eds), Law’s Hermeneutics: Other Investigations (Routledge, London 2017)
  • AE Ezrachi and M. E. Stucke, 'Emerging Antitrust Threats and Enforcement Actions in the Online World' (2017) Competition Law International
    E-commerce promises to bring us closer to some economists’ ideal of perfect competition – where ample choice, better quality and lower prices reign. The new online world promises to reduce entry barriers and search costs, and increase transparency and market access. But a closer look reveals an imperfect online environment. Following the wave of innovation and competitiveness introduced by e-commerce are powerful anti-competitive undercurrents. More online markets are exhibiting increased concentration, barriers to expansion and entry, and anticompetitive strategies. At times, these anticompetitive strategies may be based on contractual frameworks – such as parity clauses and online marketplace bans. Indeed, the European Commission’s sector inquiry on e-commerce noted the increased use of selective distribution systems online ‘to better control their distribution networks, in particular in terms of the quality of distribution but also price.’ It also noted increasing ‘restrictions on the use of price comparison tools and exclusion of pure online players from distribution networks.’ Moreover, licensing practices may impede entry by new online business models and services. Rather than promoting the flow of goods and services across the EU, the sector inquiry found that ‘almost 60% of digital content providers who participated in the inquiry have contractually agreed with right holders to “geo-block,”’ which ‘prevents consumers from purchasing consumer goods and accessing digital content online from other EU Member States.’ At other times, competition may be at risk due to other potential anticompetitive strategies, from algorithmic tacit collusion to abusive behaviour by powerful providers or gatekeepers. This paper explores three emerging antitrust threats in the online world -- algorithmic tacit collusion, behavioural discrimination, and abuses by the emerging super-platforms – and the enforcement challenges they raise. We note the growing realisation by competition agencies as to the imperfections of the online environment, the ability to utilise new technologies to dampen competition, and additional risks of data-opolies.
  • L Enriques, 'Empty Threats – Why the UK Has Currently No Chance to Become a Tax or Regulatory Haven' in J Armour and H Eidenmueller (eds), Negotiating Brexit (Beck 2017)
  • H Eidenmüller and M Fries, 'Entwicklung und Regulierung des deutschen Mediationsmarktes' (2017) 67 Anwaltsblatt 23
  • E Fisher, Environmental Law: A Very Short Introduction (OUP 2017)
    ISBN: 9780198794189
  • H Collins (ed), European Contract Law and the Charter of Fundamental Rights (Intersentia 2017)
    EUCOLATH European Contract Law and Theory Volume 2, series editors Stefan Grundmann, Hugh Collins, Fernando Gomez, Jacobien Rutgers, Pietro Siena.
    This is the first comprehensive analysis of the extent to which the Charter of Fundamental Rights of the European Union will influence the development of contract and commercial law at a European level. The essays in this volume examine how the Court of Justice of the European Union has already used the Charter to steer the law governing consumer transactions, financial contracts, contracts of employment, self-employment, tenancies and other contractual arrangements. They then proceed to assess the likely future impact of the Charter on EU contract law using a variety of legal, historical and theoretical perspectives. These original assessments by distinguished scholars range from claim that the Charter will only have a mild indirect influence to arguments that the Charter provides the necessary legal foundations for EU contract law and for a market society within a multi-level system of governance.
    ISBN: 978-1-78068-433-8
  • E Fisher, 'Expert Executive Power, Administrative Constitutionalism and Co-Production: Why They Matter' in Maria Weimer and Anniek de Ruijter (eds), Regulating Risks in the European Union The Co-production of Expert and Executive Power (Hart 2017)
    ISBN: 9781849468794
  • H Eidenmüller and M Fries, Fälle zum Erbrecht (6th edn C H Beck 2017)