SCHOOL OF LAW

EMMANUEL MASTROMANOLIS

Assistant Professor of Commercial Law

Contact details:

University office: Akademias 47, 10672 Athens (1st floor)

emastrom[at]law.uoa[dot]gr

PROFILE

He completed his undergraduate studies at the University of Athens Law School in 1988.

He pursued graduate studies at the University of Pennsylvania Law School(Philadelphia, PA, U.S.A.), earning both  his LL.M. degree (Master of Laws, with concentration in Corporate Law, Antitrust Law, International Trade and Copyright Law) in May 1989, as  well as his S.J.D. degree (Doctor of Juridical Science) degree in May 1994.

The major focus of his research for the doctorate has been in the area of law and economics of vertical nonprice restraints in American and European Union Antitrust.

His doctoral dissertation was entitled “Efficiency Considerations in Exclusive and Restricted Territorial Distribution Controversies: The Creation of a New Legal Standard for the European Community Competition Law ”. Substantial part of his doctoral thesis appeared as a publication in the University of Pennsylvania Journal of International Business Law.                         

His areas of interest are: Insolvency Law (including cross-border insolvency), Competition Law, Corporate Law, Industrial Property

Currently taught courses:

Undergraduate courses:  Corporate Law, Antitrust Law, Law of Industrial Property, Bankruptcy Law

Graduate courses: Collective Insolvency Proceedings, Cross-Border Insolvencies, Economic Analysis of Antitrust Law                       

Erasmus Course: Competition Law  

He speaks fluently English, French, Greek (mother tongue).

SELECTED PUBLICATIONS

Monographs:

Credit Rating Agencies: Function, Regulation, Civil Liability (Nomiki Vivliothiki, 2013), in Greek

Exclusive Distribution and Efficiency in the Competition Law of the European Union (Sakkoulas, 1998)  

Scholarly articles

“Case Comment: Court of European Union decisions on C-156/15 and C-195/15 ruling on creditors’ claims secured by financial collateral and in rem rights, satisfied outside insolvency proceedings”, Enterprise and Company Review, 2017, 55 (in Greek)

“The Distortion of Consumers’ Economic Conduct as a Condition of the Unfair Trading Practices”, Chronicles of Private Law (2016) 33 (in Greek)

“Recent Developments and Proposals on the Issue of Auditors’ Liability vis-à-vis Third Parties, Especially After the Enactment of Laws 4308/2014 and 4336/2016”, Review of Commercial Law (2016) 533 (in Greek)

“Causal Nexus and Investor Damage in the Secondary Capital Markets: Reflections After Halliburton and Amgen Decisions of the US Supreme Court”, Enterprise and Company Law Review  (2015), 953 (in Greek)

“Case Comment: Decision 1922/2014 of the Multi-Member Court of First Instance of Thessaloniki on the conditions and legal impact of avoidance for suspect period transactions, Enterprise and Company Review (2014), 693 (in Greek)

“Imputation of Liability for Competition Law Breaches on Parent Companies”, 14 Enterprise and Company Law Review 1169 (2009) (with Ass. Professor L. Athanassiou)

“Remedies in Concurrent Antitrust Procedures in the EU”, 47 Commercial Law Review 767 (2007) (in Greek)

“Case Comment: Decision of the Multi-member Court of Rhodes on the application of Article 4 of EC Regulation 1346/2000, on assets of the bankruptcy estate”, Enterprise and Company Law Review (2007), 942 (in Greek)

“Constraints on the International Exhaustion of Trademark Rights and the Ensuing Intensification of European Union Protectionism: The Aftermath of the Davidoff   and Levi Strauss ECJ decisions, on cases C-414, 415, 416/99”, 43 Commercial Law Review 194 (2006) (in Greek) 

“Financing the Universal Service or Abusing a Dominant Position? The European Union Policy in the Liberalized Postal Markets”, 45 Commercial Law Review 5(2005) (in Greek)

“Lingering Between Public Law and Business Efficiency: Realities and Uncertainties Under the Greek Concession Regime”, 6 P.P.L.R.  319 (2004)

“The New Council Regulation EC 1346/2000 (19-5-2000) on Cross-Border Insolvency Proceedings: From Fragmentary National Regulation to a Uniform European Insolvency Law”, 7 Enterprise and Company Review 1239 (2001) (in Greek)

“Capitalization of Company Debts Under Greek Law 1892/90: Compatible with the European Union State Aid Law?”, 5 Enterprise and Company Review 133 (1999) (in Greek)

“Predatory Pricing Strategies in the European Union: A Case for Legal Reform”, 19 E.C.L.R. 211 (1998)

“American Antitrust Insights on Exclusive and Restricted Territorial Distribution: The Creation of a New Legal Standard for the European Union Competition Law” 15 U.PA. J. INT’L BUS. LAW 559 (1995)


Participation in Conferences

“Public Enforcement Focus and Civil Litigation Obstacles in the Greek Paradigm of Minority Investor Protection”, Proceedings of the 19th Congress of the International Academy of Comparative Law (2019)  

“External Relations of Family Companies: the Case of Liability of Board Members and Shareholders vis-à-vis Third Parties”, Proceedings of the 25th Annual Conference of the Greek Commercial Law Association, 97 (2016) (in Greek)

“Recent regulatory Initiatives in the Ratings Industry: CRA III and the ESMA Proposals on Structured Finance, the Performance of Agencies and their Fee Arrangements”, Proceedings of the International Law Association (ILA) Regional Conference (Bloomsbury, 2016), 121

 “EU and US competition laws compared: the paradigm of maritime trade”, Proceedings of the 5th Colloquium of Maritime Law Research (Kluwer 2009) 62

“The Law of Statutory Seat: Legal Developments”, Proceedings of the 17th Annual Conference of the Greek Commercial Law Association, 55 (2008) (in Greek)

“Secondary Insolvency Proceedings under EC Regulation 1346/2000: is this an impediment to the application of national laws?”,  Proceedings of the 16th Annual Conference of the Greek Commercial Law Association, (2007)  449 (in Greek)

Contribution to legal commentaries

Chapters on horizontal co-operation and technology transfer in “Competition Law” (collective work, Professor D.N. Tzouganatos, ed), Nomiki Vivliothiki, 2020 (in Greek)

Commentary on Articles 35 (par value of shares), 75,76 (founders’ titles) , 113, 114 (stock options) of Greek Company Law: divisions and spin-offs, “The Law of Limited Companies (collective work, Professor G. Sotiropoulos ed), Nomiki Vivliothiki), 2019, 2020 (in Greek)    

Commentary on Articles 81-89 of Greek Company Law: divisions and spin-offs, “The Law of Limited Companies (collective work, Professor E.E.Perakis, ed), Nomiki Vivliothiki), 2012 (in Greek)    

“The Regulation of Shareholders’ Agreements in Greek Maritime Companies: a Model for Greek Company Law?”, Contribution in Volume “Maritime Company: Contemporary Issues” ( A. Sakkoulas Publications, Athens-Thessaloniki, 2003) (in Greek)

ANCILLARY ACTIVITIES

Since 2019: Member of the Co-ordinating Committee for Graduate Studies in Commercial Law, University of Athens Law School

Visiting Scholar, University of Pennsylvania Law School, USA  in two occasions:

in 2017, conducting research on the treatment of executory contracts in insolvency proceedings

in 2010, conducting research on the legal regime, regulation and responsibility of CRA (Credit Rating Agencies)

Member of the Lawmaking Committee in corporate transformations, having culminated in the drafting of Law 4601/2019

Member of the entry examinations committee of the Greek Supreme Court (Areios Pagos) for the selection of judges of Common Pleas                            

Member of the following academic societies: Greek Commercial Law Association

ASCOLA (Academic Society for Competition Law)

Member of the scholarly Committee of “Enterprise and Company Law Review”

Has hosted and contributed to series of lectures by Professor Martin Gelter (Fordham University, USA), Athens, June 2015 on issues of investor protection under US and European law,

in comparative perspective, and collective redress of their claims(organization under the auspices of the University of Athens and the Hellenic American Union) and by Professor Dr. R. Bork (University of Hamburg) on issues of cross-border insolvency (June 2019)         

Member of the organizing committee of the 5th ECMLR (European Colloquium on Maritime Law Research)

Participation in 19th Congress of the International Academy of Comparative Law, Vienna, July 2014, as Greek contributor in “Protection of Minority Shareholders” session