This paper contains the conclusions from the work of the Economic Impact Group (EIG), a part of the CoPECL Network of Excellence funded by the EU to prepare a Draft Common Frame of Reference (DCFR). Part 1 revisits basic principles which are central to the work of the whole group. For one,...

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...

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,...

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...

In its March 2016 Opinion in the Genentech case, Advocate General Wathelet raised the complex question of the standard of review that should be applied by domestic courts when asked to set aside or declare unenforceable arbitral awards on the ground that they breach EU competition rules, which...

In this paper, we discuss the extent to which EU competition rules are arbitrable. There is a wide consensus that Articles 101 and 102 TFEU are fully arbitrable and we share that opinion. More challenging questions may, however, arise when the dispute subject to arbitration raises issues under...

A consensus is emerging that a flourishing European data economy requires effective portability of and access to data for individuals as well as businesses. Beyond the right to data portability introduced in the General Data Protection Regulation, a number of data access regimes are being...