Oxford Business Law Blog

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Finding the Right Answer to Macro Crises: Bail‑Out vs Market Approach

5 April 2023

Wolfram Prusko

David Ehmke

Corporate Restructuring Laws Under Stress

Who Should Hold Bail-Inable Debt and How Can Regulators Police Holding Restrictions Effectively?

23 March 2023

Tobias H. Tröger

Irene Mecatti

Creditor Priority in European Bank Insolvency Law

8 March 2023

Sjur Swensen Ellingsæter

Towards a Principled Approach for Bailouts of COVID-distressed Critical/Systemic Firms

In a recent paper, we propose a principled approach for government bailouts of critical/systemic firms who find themselves in COVID-19-induced financial distress. We also demonstrate why bankruptcy is...

4 June 2021

Horst Eidenmüller

Javier Paz Valbuena

Beyond Loss-Absorption in Bank Resolution: the Essential Role of the Composition of Bail-Inable Investors

Bank resolution is a cornerstone of the regulatory architecture that emerged in the aftermath of the global financial crisis. Its core aim is to orderly resolve distressed banks allocating losses...

11 May 2021

Edoardo Martino

'Never again' (or not?)—The European bail-in regime has yet to solve the systemic problem of implicit government guarantees

'Never again' was the impassioned conviction of governments worldwide after being forced to bail out banking institutions and provide guarantees and capital to avert systemic collapse as a result of...

Bail-ins and Bail-outs Are Better than Bankruptcy: A Comparative Assessment of Public Policy Responses to COVID-19 Distress

COVID-19 has significantly disrupted the conduct of business around the globe. In jurisdictions that impose one or more ‘lockdowns’, multiple sectors of the real economy must endure prolonged periods of...

Bail-in beyond Unpredictability: Creditors’ Incentives and Market Discipline

Resolution of distressed banks represents one of the major cornerstones of the post-crisis financial regulation. It should let shareholders and long-term unsecured (bail-inable) creditors bear the losses of bank failures...

18 June 2020

Edoardo Martino

Pandemic Crisis and Financial Stability

The recent e-book on Pandemic Crisis and Financial Stability, which was published by the European Banking Institute (EBI) and which I co-edited with Georg Ringe (Hamburg University) contains as...

15 June 2020

Christos V. Gortsos

Finding the Right Answer to Macro Crises: Bail‑Out vs Market Approach

Corporate Restructuring Laws Under Stress

Who Should Hold Bail-Inable Debt and How Can Regulators Police Holding Restrictions Effectively?

Creditor Priority in European Bank Insolvency Law

Towards a Principled Approach for Bailouts of COVID-distressed Critical/Systemic Firms

Beyond Loss-Absorption in Bank Resolution: the Essential Role of the Composition of Bail-Inable Investors

'Never again' (or not?)—The European bail-in regime has yet to solve the systemic problem of implicit government guarantees

Bail-ins and Bail-outs Are Better than Bankruptcy: A Comparative Assessment of Public Policy Responses to COVID-19 Distress

Bail-in beyond Unpredictability: Creditors’ Incentives and Market Discipline

Pandemic Crisis and Financial Stability

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