introduces strict liability for rating agencies. This liability proposal is at odds with the aim to strengthen competition in the … rating sector and could have a chilling effect on capital markets. The paper analyses existing rules on civil liability of …

rationale for the EU regime concerning the civil liability of CRAs, and mainly from two different perspectives, this article …

Civil liability of rating agencies has to strike a balance between over-deterrence and overly lax behavior control. The … or liability caps. The paper was prepared for the Seminar on the regulation of Credit Rating Agencies in Oslo 10 December …

contractual relationship between Rating Agency and the contracting entity and a civil liability regime. In order to effectively …'s oligopolistic structure and help jump-start small European agencies. A civil liability regime can only serve as an incentive to … introducing self-control if liability rules are truly deterring: To ensure that wrong ratings (such as Lehman Brothers') will …

The set up of a civil liability regime for Credit Rating Agencies (CRAs) is one of the most noteworthy aspects of the … new European legislation on CRAs. The purpose of this paper is to analyse the European civil liability regime for CRAs set … to understand: 1) why a common civil liability regime for CRAs was needed in the EU; 2) who benefits from this; and 3 …

of a civil liability regime for CRAs. This paper focuses on selected private international law issues linked to the new … European civil liability regime for CRAs. The exploration of the civil liability regime for CRAs in the Union from the … discourse on liability rules in the realm of European financial market law. This debate has gained further momentum in the …

-purification.In considering tort liability of CRAs, First Amendment protection should not be allowed to CRAs, when they were hired to participate … in structuring CDOs, which substantially impaired the objectivity of their rating business. Contractual liability should …

This paper argues that a mitigated strict liability regime can incentivize Credit Rating Agencies (CRAs) to produce … order to avoid crushing liability. Moreover, CRAs are allowed to choose how much to commit to their predictions. CRAs may … opt out of liability even entirely, unless their ratings are relevant for regulation. Finally, corrections in the relevant …

This study uses passage of the Dodd-Frank Act as a setting to examine whether changes in legal liability exposure faced …