There is considerable debate about the role private litigation should play in the enforcement of antitrust law. This article focuses on one of the most controversial private enforcement mechanisms – damages actions – and assesses whether and how much such actions have contributed to...

Purpose – The unfair prejudice remedy as contained in s.290 of the Companies Ordinance 1984 entitles a member with a shareholding of twenty percent or more to petition to the court for suitable and appropriate court orders in circumstances where the member has been unfairly prejudiced. The...

Purpose – The purpose of this paper is to examine the impact of recent civil justice reforms in five jurisdictions including Singapore, Malaysia, Hong Kong, the UK and Canada on the resolution of civil and commercial disputes. Design/methodology/approach – The study, drawing on a comparative...

Purpose – The purpose of this paper is to explore the possible use of arbitration in disputes involving claims against directors. It takes as its starting point a recent decision of the English Court of Appeal, Fulham Football Club [1987] Ltd v. Richards , in which the Court confirmed the...

Abstract This article contributes to understanding the organization of collusive agreements by studying the inner-workings of the graphite electrode cartel. For this purpose: (i) we construct a database that comprises 49 meetings between 24 cartel members during the life period of the agreement,...

Japan′s consumers are said to be the most meticulous and demanding consumers in the world – expecting only the best in quality and service from the merchant. However true this may be, how protected are these consumers by their own government? In an irony of place and time, the world′s...

Demonstrates that the European Union (EU) has moved from a twin‐track to a triple‐track approach to the vetting of cross‐border competition concerns. The twin‐track approach is based on co‐operation at the multilateral and bilateral levels. The new third track, not based on...

A cartel is a group of oligopolistic firms that agree to act collectively as a monopolist in some industry or economic enterprise. Discusses the social contract of the Southwest Conference (a legal cartel) using some of the principles of constitutional economics. Viewed from a contractarian...