This book provides practitioners with a ready and comprehensive reference to the procedures for the enforcement of competition law in the UK following the implementation of the EC modernisation regulation (European Council Regulation 1 of 2003). The modernisation regulation came into effect on 1 May 2004, along with substantial changes to the Competition Act 1998 in the UK. As former Office of Fair Trading officials who were closely involved in the UK implementation of the EC modernisation regulation, the authors have first hand knowledge of the procedural changes in the UK and in Europe. They draw upon this experience, as well as the expertise of the Editor and Consultant Editor, in providing a truly practical and invaluable analysis of the modernised regime. This book essentially covers practice and procedure, while also providing a brief overview of the substantive elements of competition law (which have not changed). It provides comprehensive and up to date coverage of the competition law procedures relevant to businesses and lawyers in the UK today. The book is edited by Margaret Bloom (King's College, London), a well known and respected leader in the field of UK competition practice, and Anneli Howard, a barrister at Monckton Chambers specialising in competition law.

What responsibility, if any, does a corporation have to society? How should corporations balance environmental, social, and governance factors? The Profit Motive addresses these questions of corporate purpose using historical, legal, and economic perspectives. Stephen M. Bainbridge enters the debate around corporate social responsibility to mount an unabashed defense of shareholder capitalism and maximizing shareholder value. The book offers context for the current questions about corporate purpose, and provides a reference going forward. Direct and corrective, The Profit Motive argues that shareholder value maximization is not only required by law, but what the law ought to require.

This set deals with the problems generated by those cases of insolvency (either of an individual or of a company) where the presence of contacts with more than one system of law brings into operation the principles and methods of private international law (also known as conflict of laws).
Part I of the main work is mainly devoted to an examination of the body of rules and practice that has evolved in England during the course of the past two-and-a-half centuries, and surveys the current state of the law derived from a blend of statutory and case authorities. Contrasting approaches under a selection of foreign systems -- principally Australia, Canada, France and the USA -- are examined by way of comparison. There are up-to-date accounts of the circumstances under which insolvency proceedings can be opened in respect of debtors which are not primarily based in England, and of the grounds on which English courts will recognize foreign insolvency proceedings and give assistance to the foreign representative of the debtor's estate.
Part II of the main work explores the progress towards the creation of international arrangements to co-ordinate and rationalize the conduct of insolvency proceedings which have cross-border features, particularly where the debtor is capable of being subjected to concurrent proceedings in two or more jurisdictions. Central to the developments described in detail in this Part are the EC Regulation on Insolvency Proceedings and the UNCITRAL Model Law on Cross-Border Insolvency.
This set includes the supplement to the second edition, which covers key developments in case law and legislation in the subject up to October 2006, and is an essential purchasefor all who have already bought the main work. It includes the full text of the Cross-Border Insolvency Regulations 2006, along with commentary on the regulations. The supplement also includes the text of Council Regulation 694/2006, amending EC Regulation 1346/2000 on insolvency proceedings, and references to key developments in case law, including Eurofood IFSC Ltd, Daisytek ISA, and Cambridge Gas Transport Corp v Official Committee of Unsecured Creditors of Navigator Holdings plc. The commentary on case developments links back to the relevant paragraph in the main work.
New to this Edition:
New supplement updating the second edition with commentary on recent developments, to October 2006
Major recasting of chapter 6 (formerly dealing with the (by then) dormant EC Convention on Insolvency Proceedings) now giving an account of the EC Regulation on Insolvency Proceedings, in force since 31 May 02
Adjustments throughout the book to explain the impact of the Regulation on other aspects of law and practice
Full account is taken of statutory and case law developments since 1998
There is a new chapter assessing other international developments since 1998 including the ALI Transnational Insolvency Project; the World Bank Principles and Guidelines; and the UNCITRAL Legislative Guide on Insolvency Law (completed 2004)

Personal debt remains an important factor in many economic models because it encourages people to use debt to finance consumption. Whether this model is sustainable for individuals or the countries in which they reside is an ongoing question of great complexity and many social and economic implications, not only for the burdened individuals and their countries, but also for the EU as a whole. In Personal Debt in Europe, Federico Ferretti and Daniela Vandone examine the 'dark side' of personal debt, or over-indebtedness, in social and economic terms, and legal terms. They employ cross-country consumer-level data to present the latest empirical studies on the problem, analyse these findings to better understand its nature and causes, and discuss the merits of proposed insolvency legislation and harmonisation initiatives in the EU.

Financial Services: Authorisation, Supervision and Enforcement provides litigators and compliance advisers with an understanding of the powers available to the Financial Services Authority in the context of the regulatory regime established under the Financial Services and Markets Act 2000. It also clearly sets out the processes for authorisation and examines the meaning of 'regulated activity'. The text comprehensively explains the investigatory powers, sanctions and remedies available to the FSA, and the procedures applicable to their exercise, giving invaluable assistance to those advising and representing firms in proceedings involving the FSA. All such proceedings are considered, whether they take the form of an FSA investigation, disciplinary proceedings involving the Regulatory Decisions Committee or the Financial Services and Markets Act Tribunal, civil proceedings in the High Court, or a criminal prosecution. Russen not only makes extensive reference to the detailed provisions of the FSA Handbook, but also addresses, where appropriate, particular issues of practice and procedure that are likely to have an impact upon FSA investigations and any civil or criminal proceedings instituted by the FSA. In addition to its detailed treatment of the procedure governing action and litigation by the FSA, the book contains chapters on the authorisation process and on the substantive law (including complex secondary legislation) relating to money laundering, market abuse and financial promotions. Each of these areas is at the heart of the FSA's role as the single regulator of the financial markets in the UK and has been the subject of recent and substantial change both internally and as result of European developments. The powers of the FSA and the procedures relating to enforcement and litigation in this area are examined in the context of the authorisation rules and ways in which authorised entities may commit regulatory offences.

The law of marine insurance constitutes a major branch of the law of international trade and shipping law which is of considerable international importance. This new edition gives a clear, updated account of English marine insurance law, combining detailed analysis of modern statute and case law with a clear comprehension of practice and commerce in the shipping world. The discussion embraces not only the constantly evolving case law, but also standard forms and clauses (including the 2003 International Hull Clauses), and the rules of mutual insurance associations. Coverage includes all relevant areas of general insurance contract law as well as all issues of specifically marine insurance law. The entire text of the second edition has been considered afresh and includes significant new or additional material in particular relating to: historical background, insurable interest, policy formation, the doctrine of utmost good faith, premiums, policy interpretation, excluded losses, third party rights, losses, claims, aversion and minimisation of loss, insurers' contribution rights, and composite policies. Presenting a revised structure with the practitioner in mind, this new edition includes a new chapter on interpretation and rectification of insurance contracts.

Public procurement represents a specialist yet important area of practice in the European and international business and commercial legal environment. This book offers an inclusive, coherent and practical analysis of the relevant law and jurisprudence, with the principal focus on the case law of the European Court of Justice in the public procurement field. The author provides the reader with a taxonomy of the themes and reasoning that has been used by the Court, and a convenient conceptual framework for practitioners and academics alike.

This book provides a detailed and up-to-date exposition of English and Scottish rules of choice of law in inter vivos transfers of property. It traces the development of the lex situs rule, and its application to inter vivos dealings with immovable property, tangible movable property (including the special case of cultural property), and intangible movable property (including indirectly held securities). The author offers two alternative models of suggested choice of law rules in property, introducing a greater degree of flexibility into choice of law rules in property, and formulates even-handed solutions to the complex problems of space, time and policy which arise in this area of the conflict of laws.

This book sets out in a clear and concise manner the central principles of insurance law in the Caribbean, guiding students through the complexities of the subject. This book features, among several other key themes, extensive coverage of: insurance regulation; life insurance; property insurance; contract formation; intermediaries; the claims procedure; and analysis of the substantive laws of several jurisdictions. Commonwealth Caribbean Insurance Law is essential reading for LLB students in Caribbean universities, students in CAPE Law courses, and practitioners.

Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.

Winner of the American Bar Association's 1992 Silver Gavel Award "in recognition of an outstanding contribution to public understanding of the American system of law and justice." "Mr. Sobol has produced a readable yet fully researched and detailed study of the operation of the bankruptcy and its effects upon all concerned-the women who were injured, the swarms of lawyers who represented parties in the bankruptcy, and the court which oversaw the bankruptcy in Richmond. . . . This book adds greatly to the current debate about how strong a managerial federal judge our system should have."-Paul D. Rheingold, New York Law Journal "Bending the Law is polemical and relentless. It is also minutely researched, fluidly written, and persuasive."-Paul Reidinger, ABA Journal "Bending the Law is a must read for bankruptcy practitioners, and for anyone else concerned about the use of bankruptcy law to deal with mass torts. Although its author is a civil rights lawyer, he details the subtle art of practicing bankruptcy law with a discerning eye, and is a gifted storyteller as well."-Joryn Jenkins, Federal Bar News and Journal "This is an accessible history of the case by a veteran civil-rights lawyer."-Washington Post Book World

This second edition of Merger Control in the EU provides the reader with an exhaustive analysis of the European Community rules relating to merger control, including the new EC Merger Regulation 139/2004 of 20 January 2004 which entered into force on 1 May 2004 and the latest interpretive notices adopted by the European Commission. A brand new addition to the book is the companion website which will maintain the currency of the main work after publication; a service that is free of charge to all who own a copy of the book. The European Commission has exclusive competence to authorise or prohibit concentrations which have a Community dimension. Bearing in mind the economic relevance of these operations, decisions made by the Commission have an extraordinary market impact. This work is an invaluable and precise instrument for legal practitioners and economists, as well as for those undertakings involved in merger operations or acquisitions. It will enable them to become acquainted with the Commission's policy in this field and to guide themselves through the complex procedure of notification in Brussels. It will also be useful for those merger operations which are required to follow the procedure of notification to the national competition authorities in EU Member States, since the Commission's guidelines inspire, to a large extent, the acts and decisions of the national authorities in this field. This book analyses the issues related to merger control not only from a legal standpoint, but also from an economic one. It is a product of the authors' knowledge and experience in Brussels as officials of DG Competition in the Commission, and as lawyers defending the interests of undertakings involved in the notification procedure.

This fourth edition of Business Law offers comprehensive and accessible coverage of the key aspects of business law. Established legal topics such as the English legal system, Contract, Consumer, Intellectual Property, Company and Employment Law, and emerging areas such as Health, Safety and Environmental Law are all addressed in the context of business. The work has been thoroughly updated to include all the major recent developments in business law, such as the new EU Trade Secrets Directive and case outcomes decided since the publication of the last edition. The book also discusses the impact of Brexit. In addition, the book features extensive diagrams and tables, revision summaries, reading lists, and clear key case boxes for easy reference. This book is ideal reading for undergraduate law and business studies students, while also applicable to practitioners and those with a more general interest in business law.

Blockchain Technology and the Law: Opportunities and Risks is one of the first texts to offer a critical analysis of Blockchain and the legal and economic challenges faced by this new technology. This book will offer those who are unfamiliar with Blockchain an introduction as to how the technology works and will demonstrate how a legal framework that governs it can be used to ensure that it can be successfully deployed. Discussions included in this book: - an introduction to smart contracts, and their potential, from a commercial and consumer law perspective, to change the nature of transactions between parties; - the impact that Blockchain has already had on financial services, and the possible consumer risks and macro-economic issues that may arise in the future; - the challenges that are facing global securities regulators with the development of Initial Coin Offerings and the ongoing risks that they pose to the investing public; - the risk of significant privacy breaches due to the online public nature of Blockchain; and - the future of Blockchain technology. Of interest to academics, policy-makers, technology developers and legal practitioners, this book will provide a thorough examination of Blockchain technology in relation to the law from a comparative perspective with a focus on the United Kingdom, Canada and the United States.

The European Union Treaty after Lisbon emphasises the overarching objectives of sustainable development and a highly competitive social market economy, aiming at full employment, high levels of environmental protection and social progress. Yet, in 2022, it is clear that these ambitions have not been fully achieved. The ongoing pandemic, the continuing fall-out from Brexit and the resulting economic damage, a Grexit avoided, and potential other exits from the EU, have come to undermine the political consensus of the idea of a European Union. Amidst these challenges, the debates on how to achieve the UN Sustainable Development Goals have turned towards demanding more sustainable economic policies, financial investments and business actions. The present volume provides a much-needed space for in-depth discussion of the concept of sustainable value creation and how it can be achieved within the ecological limits of our planet, through the prism of an interdisciplinary concept of sustainability.

Related Party Transactions ist die Gefahr immanent, dass sich nahe stehende Personen oder Unternehmen mittels ihrer Einwirkungsmoeglichkeiten auf die Gesellschaft deren Vermoegensguter aneignen. Um dieser Gefahr zu begegnen, hat der Unionsgesetzgeber im Mai 2017 eine AEnderungsrichtlinie zur Aktionarsrechterichtlinie beschlossen. Die Verfasserin hat den Umstand zum Anlass genommen, die Umsetzungsmoeglichkeiten in deutsches Recht auszumessen und kritisch zu wurdigen. Hierfur hat sie den Reformbedarf fur das deutsche Recht herausgearbeitet und auf dieser Grundlage moegliche Reformansatze fur den faktischen Konzern entwickelt. Schliesslich werden die vom deutschen Gesetzgeber implementierten Regelungen zu Related Party Transactions mit den Reformansatzen abgeglichen und bewertet.

The current sharing economy suffers from system-wide deficiencies even as it produces distinctive benefits and advantages for some participants. The first generation of sharing markets has left us to question: Will there be any workers in the sharing economy? Can we know enough about these technologies to regulate them? Is there any way to avoid the monopolization of assets, information, and wealth? Using convergent, transdisciplinary perspectives, this volume examines the challenge of reengineering a sharing economy that is more equitable, democratic, sustainable, and just. The volume enhances the reader's capacity for integrating applicable findings and theories in business, law and social science into ethical engineering design and practice. At the same time, the book helps explain how technological innovations in the sharing economy create value for different stakeholders and how they impact society at large. Reengineering the Sharing Economy is also available as Open Access on Cambridge Core.

Baffled by joint venture and shareholder agreements? Guidance on the new PSC Register is just one of the things that small businesses need to understand. Helping you to identify the central issues involved in joint venture transactions, take effective instructions and draft good documentation using precedents, case studies and checklists. Now covers: Brexit 2020 and its impact on competition law, UK and EU; Changes to tax aspects arising from the latest Finance Acts; New case law such as - Guest Services Worldwide Ltd v. Shelmerdine [2020] EWCA Civ 85 (CA) (non-competition clauses in shareholders' agreements) and Global Corporate Limited v. Hale [2018] EWCA Civ 2618 (CA) (when payments to a director/shareholder were dividends) Key content includes: Preliminary considerations: A discussion of the nature of joint ventures and shareholders' agreements; Financing the venture; Tax and accounting considerations for UK corporate joint ventures; Regulatory matters; Employment and pension issues. Key issues in structuring and drafting UK corporate joint venture documentation and shareholders' agreements: Deadlock and minority protection; Voting rights and board representation; Restrictive covenants. Joint ventures and shareholders' agreements in practice: Articles of association; Transfers of assets; EU and UK Competition law including Brexit issues.

The last thirty years have witnessed a fundamental shift away from real property mortgages towards personal property security interests (in particular, security interests over intangibles such as bank deposits, book debts, bonds, and shares) as the preferred means of securing the repayment of debts or the performance of obligations. This book provides a comprehensive survey of the legislative regimes regulating security interests over personal property in the United Kingdom and the major common law jurisdictions of Australia, Canada and New Zealand. The economically important common law jurisdictions of Hong Kong, Malaysia, and Singapore will also be considered.

Commercial Law comprehensively meets the needs of undergraduates studying the law relating to agency, the sale of goods and consumer credit and the detailed, critical nature of the book means that it will also be invaluable for postgraduate courses. It will be equally indispensible for practitioners seeking a detailed work of reference. Commercial Law balances a readable exposition of principle with an explanation of the policy underpinning the rules of commercial law. The law is traced from its beginnings to the present day and so the reader gains a satisfying contextual overview of the development of the rules and their changing form and function. Moreover, the law is subjected to thorough analysis, evaluation and criticism, and there is much reference to material from other jurisdictions, thereby giving the reader an informed coherent view of the law.

Drafting and Negotiating Commercial Contracts is for anyone who needs to understand, negotiate or draft commercial contracts. The book includes: - A guide to the common legal issues in negotiating and drafting contracts - An explanation of the structure and content of a commercial contract - Good and bad practice in drafting (and in using clear, modern English) - The meaning and use of commonly-used words, phrases and legal jargon - The formalities for creating and signing contracts - Guidance on the interpretation of contracts - Steps to take, and what to check for in a contract to eliminate errors (including lists of what to check for in different situations) - Practical measures to protect documents from unwanted alteration, to remove metadata and sensitive information and to secure documents - Drafting and legal issues when contracting with consumers It examines questions such as: - How do I draft my contract clearly? - What will happen if my contract is interpreted by the English court? - Where do I find key English legislation on the enforceability of contracts? - When will I be out of time for suing for breach of contract? - Why are liability clauses so full of legal jargon? - Who should the parties be, and who is authorised to sign? Fully updated to take account of important court decisions regarding the interpretation of contracts and changes in consumer legislation, the 5th edition also includes: - New chapter on termination of contracts - New material on administering of existing contracts and modern methods of executing documents (eg DocuSign) - New and updated examples of contract drafting techniques - Additional definitions of legal terms used in contracts It is essential reading for commercial lawyers, contract managers, and others who have to draft, negotiate or advise on contracts.