Deviations from Ownership-Control Proportionality—Economic Protectionism Revisited

Wolf-Georg Ringe

in Company Law and Economic Protectionism

Published in print December 2010 | ISBN: 9780199591459
Published online May 2011 | e-ISBN: 9780191595578 | DOI:
Deviations from Ownership-Control Proportionality—Economic Protectionism Revisited

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This chapter revisits some of the aspects of the one share/one vote (OSOV) debate in the shadow of the protectionist fears that have lurked in the corners of discussions since the beginning of the financial crisis. It begins with an overview of the current OSOV debate, including the EU's policy agenda as well as the approach taken by the Court of Justice of the European Union and the academic debate. It then explores the presence of deviations from OSOV in the business world, both from a current and a historic perspective. This allows the evaluation of the landscape seen by some to be developing as a consequence of the recent 2008/09 financial crisis. Finally, implications from this new perspective are drawn.

Keywords: financial crisis; one share/one vote; protectionism; EU; Court of Justice

Chapter.  15875 words. 

Subjects: Company and Commercial Law

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