Kroeze, Maarten J. --- "Comment – Comparing Company Law in Europe and the United States: Some Remarks Inspired by Carney et al.’s Presentation" [2010] ELECD 397; in Pacces, M. Alessio (ed), "The Law and Economics of Corporate Governance" (Edward Elgar Publishing, 2010)

Book Title: The Law and Economics of Corporate Governance

Editor(s): Pacces, M. Alessio

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448971

Section Title: Comment – Comparing Company Law in Europe and the United States: Some Remarks Inspired by Carney et al.’s Presentation

Author(s): Kroeze, Maarten J.

Number of pages: 14

Extract:

Comment ­ Comparing company law
in Europe and the United States: some
remarks inspired by Carney et al.'s
presentation1
Maarten J. Kroeze

1. INTRODUCTION

I am greatly honoured to discuss Carney's speech. His contribution to
the expanding body of literature on Delaware corporate law is original
and thought provoking. It is also highly relevant for Europe and for the
Netherlands. In my reaction to his speech, I will explain why the topic
of his contribution is relevant for Europe and the Netherlands. I will
conclude with some comments on the subject of Carney's speech. I have
to admit that this was not an easy task because the results of his research
are convincing. Hopefully, my comments can add something to the dis-
cussion today. I would like to mention beforehand that, for the sake of
discussion, I will speak without reservations on topics of Delaware law.
Please note that I do not pretend to be an expert in the field of Delaware
law.


2. FREEDOM OF ESTABLISHMENT: COMPARISON
UNITED STATES ­ EUROPE

First of all I would like to make some remarks about Europe and some
comparative remarks about Europe and the United States.2

1 The presentation by William J. Carney was based on his chapter with George

B. Shepherd and Joanna M. Shepherd, `Delaware Corporate Law: Failing Law,
Failing Markets', published in this volume, p. 23.
2 Some of these remarks were published earlier in: M.J. Kroeze, H.M. Vletter-

van Dort, History and Future of ...