This contribution contains a reply to Harvard Law School Professor David Kennedy's 2018 Montesquieu Lecture titled ‘Law, Expertise and Global Political Economy', held at Tilburg Law School on March 8, 2018

Data sharing presents many opportunities in terms of stimulating innovation and creating a level playing field between businesses, but also carries risks by potentially decreasing incentives for data collection and analysis, facilitating collusion between firms or exploiting consumers as well as...

On 13 June 2019, Advocate General Hogan issued his opinion on Case C-363/18 Organisation juive européenne, Vignoble Psagot Ltd v Ministre de l'Economie et des Finances, currently pending with the Court of Justice. In this case, referred by the Conseil d'État, the Court was invited to rule...

Public authority has been increasingly engaging with private actors for the purpose of regulating transnationally social and environmental responsibility of global production. ‘Orchestration' of private actors takes place under limited influence and control over the regulatory effects of...

In 2015, the Institute of Electrical and Electronics Engineers (IEEE) Standardization Association made some controversial changes to its patent policy. The changes include a recommended method of calculation of FRAND royalty rates, and a request to members holding a standard essential patent...

An injunction is usually understood as an order requiring the person to whom it is directed to perform a particular act or to refrain from carrying out a particular act. This conventional definition of injunction addresses a person who acts against the law – an infringer – and should be...

Economic analysis has contributed to a better understanding and a better functioning of law at different levels of generality. As far as legal reasoning is concerned, these contributions fall into two large groups. Economics in legal reasoning concerns arguments about the purposes and...

As the implementation of the Energiewende in Germany is making itself increasingly felt in the distribution networks, this paper explores how the growing amount of distributed renewable energy impacts the Distribution System Operator (DSO) and its responsibility for public values, such as the...

This paper puts forward an alternative path, next to regulatory competition models and comparative law endeavors, called legal emulation. Regulatory competition suffers from its very restrictive assumptions, which make it a relatively rare occurrence in practice. It is also endogenously driven,...

The objectives of this paper are to: (i) describe the fining policy of the European Commission for breach of EU competition rules; (ii) assess this policy in light of the criticisms that have been made by academics, practitioners and other stakeholders; and (iii) to the extent these criticisms...