German and East Asian Perspectives on Corporate and Capital Market Law

An edited volume addressing key corporate law topics in Germany and East Asia has been published by Mohr Siebeck. “German and East Asian Perspectives on Corporate and Capital Market Law: Investors versus Companies”, edited by Institute Director Holger Fleischer together with Hindeki Kanda, Kon Sik Kim and Peter Mülbert, provides readers with a broad comparative analysis of investors and firms as encountered in Germany, China, Japan and South Korea. The contributions stem from a 2017 symposium held in South Korea.

The volume is structured under three main points of inquiry: shareholder activism, the disclosure of substantial shareholding and issues arising in takeovers, with the latter topic ranging from mandatory bids and minimum pricing rules to defensive measures.

The symposium on which the volume is based was the third in an annual conference series initiated by the editors for the purpose of furthering academic exchange and reinvigorating the traditionally close contact between Germany and Asia in the fields of commercial and corporate law. Research presented at each symposium is subsequently published in a corresponding conference volume.

The following volumes have already been published:

An additional symposium in the series was held in March 2018 in Peking; the corporate and capital market law scholars plan to meet once again in April 2020 in Frankfurt.

Inhaltsübersicht
I. Shareholder Activism
Andreas Engert: Shareholder Activism in Germany Akira Tokutsu: Shareholder Activism in Japan. Chick Sexing or Tautology? Ruoying Chen: Shareholder Activism in China. A Special Case for a State-affiliated Service Center for Medium and Small Investors Kyung-Hoon Chun: Shareholder Activism in Korea. The Cases of PSPD and NPS
II. Disclosure of Substantial Holdings
Gregor Bachmann: Disclosure of Substantial Shareholdings in Stock Corporations. A German and European Perspective Li Guo: Disclosure of Substantial Holdings in China. A Realm of Order or a Realm of Chaos? Sunseop Jung: Disclosure of Substantial Shareholdings. A Korean Perspective
III. Takeovers in General
Dirk A. Verse: Selected Issues in German Takeover Law. Mandatory Bids, Minimum Pricing Rules Masakazu Shirai: Characteristics of the Japanese Tender Offer System and its Rationale Yon Mi Kim: Korean Takeover Laws. Focusing on the Control Premium Masafumi Nakahigashi/Alan K. Koh/Dan W. Puchniak: Anti-Takeover Defensive Measures in Japan Robin Hui Huang/Juan Chen/Pin Lyu: Hostile Takeovers in China. Recent Developments and Regulatory Challenges Ok-Rial Song: Pre- and Post-Bid Defenses in Korea. Overview and Recent Doctrinal Development