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For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.
No one doubts any longer that sustainable development is a normative imperative. Yet there is unmistakably a great reluctance to acknowledge any legal basis upon which companies are obliged to forgo 'shareholder value' when such a policy clearly dilutes responsibility for company action in the face of continuing environmental degradation. Here is a book that boldly says: 'Shareholder primacy' is wrong. Such a narrow, short-term focus, the author shows, works against the achievement of the overarching societal goals of European law itself. The core role of EU company and securities law is to promote economic development, notably through the facilitation of market integration, while its contributory role is to further sustainable development through facilitation of the integration of economic and social development and environmental protection. There is a clear legal basis in European law to overturn the poorly substantiated theory of a 'market for corporate control' as a theoretical and ideological basis when enacting company law. With rigorous and persuasive research and analysis, this book demonstrates that: European companies should have legal obligations beyond the maximization of profit for shareholders; human and environmental interests may and should be engaged with in the realm of company law; and company law has a crucial role in furthering sustainable development. As a test case, the author offers an in-depth analysis of the Takeover Directive, showing that it neither promotes economic development nor furthers the integration of the economic, social and environmental interests that the principle of sustainable development requires. This book goes to the very core of the ongoing debate on the function and future of European company law. Surprisingly, it does not make an argument in favour of changing EU law, but shows that we can take a great leap forward from where we are. For this powerful insight - and the innumerable recognitions that support it - this book is a timely and exciting new resource for lawyers and academics in 'both camps' those on the activist side of the issue, and those with company or official policymaking responsibilities.
Fully revised and updated, this new edition of an already well-established text is easy to use, engagingly written and contains a wealth of pedagogical features. Exploring the European business environment; paying particular attention to the role of member states and how Europe interacts with the rest of the world, the authors examine what is unique about the European business environment – integration - how it has affected the strategy and behaviour of businesses with a European presence. New to this edition is: new material on the single European market, the single currency and related policy issues issues not dealt with elsewhere such as the European consumer, entrepreneurship, sustainability and Europe’s relationship with emerging economies like China an attractive new design and new pedagogical features, including numerous topical case studies to illustrate the themes explored, chapter objectives, discussion questions, boxed supporting information and extensive further reading and resources a companion website to provide extra material for students and lecturers European Business is an essential read for all students of international business. Visit the Companion website at www.routledge.com/textbooks/9780415351355
This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.
This book examines the major challenges facing European business in the formative years of the new millennium. It focuses on the links between the processes of regional integration and globalization, leading to a reappraisal of what enterprises and policy-makers need to do to secure the competitiveness of the European economy in the early years of the twenty first century. In addition to dealing with conventional EU policy areas such as EMU and competition policy, the book also covers important issues such as small and medium sized enterprises and the information society, which are often exclu.
The relationship between environmentally sustainable development and company and business law has emerged in recent years as a matter of major concern for many scholars, policy-makers, businesses and nongovernmental organisations. This book offers a conceptual analysis of the principles of sustainable development and environmental integration in the EU legal system. It particularly focuses on Article 11 of the Treaty on the Functioning of the European Union (TFEU), which states that EU activities must integrate environmental protection requirements and emphasise the promotion of sustainable development. The book gives an overview of the role played by the environmental integration principle in EU law, both at the level of European legislation and at the level of Member State practice. Contributors to the volume identify and analyse the main legal issues related to the importance of Article 11 TFEU in various policy areas of EU law affecting European businesses, such as company law, insurance and state aid. In drawing together these strands the book sets out the requirements of environmental integration and examines its impact on the regulation of business in the EU. The book will be of great use and interest to students and researchers of business law, environment law, and EU law.
In the European Union (EU), competition policy occupies a central place amongst other EU public policies and is the first truly supranational public policy regulating market competition. One of the stated objectives of EU competition policy is to prevent excessive concentration of economic power in the hands of a few.
The main objective of this book has been to carry out research into the definition of industrial policy and its goals; to evaluate previously-introduced policies and instruments; and to identify the future challenges for and features of a modern EU industrial policy. A modern industrial policy is seen as a non-traditional policy towards the industrial sector, based not necessarily on only the elimination of market failures (within the sectoral and/or horizontal approaches), but rather on the expanding the scope of industrial economic activities within the framework of both the pre- and post-fabrication stages. The book targets three market segments: academics; policy and decision-makers at the EU, national and regional level, as well as business practitioners. It includes a wide-ranging analysis of different spheres of industrial policies conducted within the European Union, making it of interest to an international audience. Each chapter also offers detailed and valuable comments, as well as conclusions that can be generally applied, ensuring the book’s universality. The book presents the results of a research project conducted in the Collegium of World Economy at the Warsaw School of Economics.
This is a fully revised edition of a well-established text for students. It offers an invaluable and up-to- date interpretation of the European policy process. Helen Wallace and William Wallace have assembled a team of internationally-renowned authors to present fourteen case studies --ranging from analyses of the CAP and environmental policy, to the politics of Economic and Monetary Union and the new World Trade Organisation. Helen Wallace also provides, in the two opening chapters, an introduction and overview of European politics, policy, and institutions. In concluding thevolume, William Wallace reflects on the future for the EU as it faces calls for ever closer political integration. Policy-Making in the European Union provides the student with a timely and provocative insight into European integration in a period of critical change.
At a time when Europe and business stand at crossroads, this study provides a perspective into how business representation in the EU has evolved and valuable insights into how to organize lobbying strategies and influence policy-making. Uniquely, the authors analyze business lobbying in Brussels by drawing on insights from political science, public management, and business studies. At the macro level, we explore over 30 years of increasing business lobbying and explore the emergence of a distinct European business-government relations style. At the meso level, we assess how the role of EU institution, policy types, and the policy cycle shape the density and diversity of business lobbying activity. Finally, at the micro level we seek to explore how firms organize their political affairs functions and mobilized strategic political responses. The study uses a variety of methods to analysis the business government relations drawing on unique business and policy-maker surveys; in-depth case studies and elite interviews; large statistical analysis of lobbying registers to assess density and diversity across policy areas and EU institutions; and managerial career path and organizational analysis to assess corporate political capabilities. In contributing to discussions on corporate political strategy and interest groups activity, this monograph should be of interest to public policy scholars, policy-makers, and businesses managers seeking to understand EU government affair and political representation.