This paper contains the conclusions from the work of the Economic Impact Group (EIG), a part of the CoPECL Network of Excellence funded by the EU to prepare a Draft Common Frame of Reference (DCFR). Part 1 revisits basic principles which are central to the work of the whole group. For one,...

In this paper, we discuss the extent to which EU competition rules are arbitrable. There is a wide consensus that Articles 101 and 102 TFEU are fully arbitrable and we share that opinion. More challenging questions may, however, arise when the dispute subject to arbitration raises issues under...

Law and Finance theory stresses the importance of shareholder rights for the reliability and development of capital markets. Many European Parliaments picked up this corporate governance issue. We expand the analysis of Lele and Siems (2007) and show that the number of shareholder rights grew...

Good bank governance is of vital concern to banks, financial industry and economy. The recent financial crisis has shown that an insufficient governance framework is an important attribute to a crisis. This article discusses corporate governance of Belgian banks: the specific regulatory...

For the last decade economists have been preoccupied with the decline in bank financing to small businesses and entrepreneurs. This effort has produced a better understanding of the obstacles to external financing. We examine the market and policy instruments that in some sense encourage more...

Small and medium enterprises (SMEs) are very important to any economy. They are great job creators, helping to reduce poverty and achieve higher levels of development in all economic sectors. However, SMEs are susceptible to inadequate law and regulation, mainly in countries implementing...

This paper is a comment on Ronald Gilson and Alan Schwarz “Constraints on Private Benefits of Control: Ex Ante Control Mechanisms versus Ex Post Transaction Review”. Together with that paper it will appear in the Journal of Institutional and Theoretical Economics 169 (1) in 2013, in a...

In many countries shareholders were offered more rights to protect their position against “inappropriate” behaviour of other corporate constituents. Whether these developments resulted in more market participation and deeper and more liquid markets, as argued in law and finance theory,...

More and more companies appear with strange abbreviations behind their business name. Consider Chrysler Group LLC (instead of Inc.) or LVMH Montres & Joaillerie France SAS. Some even speak about the “endangered corporate form” and point to the rise of the uncorporation. This Primer examines...

This paper draws on the case law of the European Court of Justice to examine the current (im)possibilities of dealing with the supervision and regulation of the competition in the wholesale energy markets within the three different European regulatory frameworks, namely the Third Energy Package,...