Chapter

Cross-Border Restructuring—Company Law between Treaty Freedom and State Protectionism

Jesper Lau Hansen

in Company Law and Economic Protectionism

Published in print December 2010 | ISBN: 9780199591459
Published online May 2011 | e-ISBN: 9780191595578 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199591459.003.0008
Cross-Border Restructuring—Company Law between Treaty Freedom and State Protectionism

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Company law governs two important methods of restructuring—mergers and takeovers—that may be applied within the European Union and are as such protected by the freedom afforded by the Treaty. Both entail a change of control that may conflict with the desire of a Member State to protect certain industries and maintain its influence by special regulation in the form of golden shares and the like. This chapter explores this conflict to establish the balance of interests reached by the Court of Justice of the European Union in recent case law.

Keywords: European company law; protectionism; mergers; takeovers; EU; golden shares; Court of Justice

Chapter.  8239 words. 

Subjects: Company and Commercial Law

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