The purpose of this article, and of its earlier companion article (Part (1) Rule-making, 12 European Business Organization Law Review (2011) p. 41), is to examine the implications of the new European Securities and Markets Authority which was established in January 2011.

In the wake of the financial crisis, the case for institutional reform and for conferring regulatory and supervisory powers on a central EU authority became compelling. But any institutional design would have struggled given the necessity for compromise. The central difficulty is one of nuance. Where on the spectrum from national powers to EU powers, and with respect to regulation and supervision, should any new body's powers be placed if optimum outcomes are to be achieved? The question is further complicated by the different dynamics and risks of centralising rule-making and of centralising supervision, even if there is considerable symbiosis between these activities.

This article considers ESMA's supervisory powers. It argues that, by contrast with its rule-making powers, the current and potential extent of ESMA's supervisory powers has pushed ESMA too high up the spectrum towards EU intervention. Local supervision of the EU rule-book represents an important safety valve for the EU financial market but this safety valve may be obstructed by ESMA's undue standardisation of supervisory practices. ESMA's extensive direct supervisory powers are also troubling given concerns as to their effectiveness. It was always going to be a challenge to draw the dividing line between ESMA's supervisory powers and those of national competent authorities. But the line may have been drawn too far on the side of operational centralisation.

This article discusses the management of systemically important banks in distress with the primary aim of creating a platform for further discussion. As a backdrop, the experiences gained in Sweden from two crises in less than 20 years are presented. After a discussion of the liquidity factor and central banks' role as lender of last resort, the focus is on handling the initial acute phase of a crisis. The appropriate goals of a crisis management system are discussed, as are ways of achieving immediate control of a bank in distress and principles related to the valuation of a bank in need of assistance. The main point presented is that the analytical building blocks are universal and by identifying them a common ground for further analysis could be established. One conclusion is that the proposed EU regime for crisis management in the financial sector will not be the final word. Finally, some thoughts regarding a pan-European system for crisis handling, based on a common corporate law for banks, are presented.

A Danish Green Paper published in July 2010 provides an in-depth analysis of current EU law on insider dealing against the background of the case law of the Court of Justice of the European Union, and provides some very useful examples that illustrate the extent of the ban on insider dealing and thereby also when trading may be considered lawful.

Financial operations and the regulation thereof have undergone drastic changes in China in the past few decades. Among these changes, the emergence and development of various financial conglomerates are quite noteworthy. At present, such financial conglomerates mainly exist in a de facto sense, due to the lack of corresponding specific laws and regulations. The regulatory structure is also immature in this respect. In particular, no meaningful coordination mechanism exists among different sectoral regulatory authorities, and the division of supervisory responsibilities in relation to financial conglomerates remains to be clarified. Different factors taken into account, it is submitted that a single mega-regulator is not desirable for the time being, while an effective coordination mechanism based on separated, functional regulation, with the central bank as the leading coordinator, is a more realistic and potentially better choice for China.

Systems of corporate governance are not static. Rather, they are constantly evolving and are shaped and redesigned through formal legal rules, judicial decisions, business practices and changes in the prevailing ideological consensus. The 2007–2008 ‘credit crunch’ and the subsequent recession call for a reconsideration of the role of labour within the mechanisms of corporate governance and control. Accordingly, employee voice mechanisms, existing and potential, will be re-assessed in the academic realm and also as part of a wider renewed political discourse. Assessing the potential for implementation and prospects of employee voice is paramount within this process, and central to its success. The analysis made below maintains that regulations and their outcomes are the result of a blend of factors which interact with one another. It constructs a sociological and political explanation for the laws and actual practices concerned with the influence of employees on the firm's strategic decision-making process. Focusing on the legal regime which governs corporate insolvency restructuring in Germany, the US and the UK, and specifically the legal crossroads where capital and labour interact, this article reaffirms the view that capitalist systems create institutional structures which are difficult to alter, whereas developing mechanisms of employee voice are likely to adjust and ultimately reflect the existing institutional structure.