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The study focuses on the admissibility and assessment of economic expertise in EC competition law litigation. I start by exploring the broader issues raised by the integration of economic expertise in litigation: in particular the risk of moral hazard and adverse selection because of the...
Persistent link: https://www.econbiz.de/10014204308
The “Lemaire Act” for a Digital Republic, dated October 7, 2016, establishes two new default principles with respect to government data and public court opinions - with the enactment of the Lemaire Act this information will now by default be made public in France. The creation of this...
Persistent link: https://www.econbiz.de/10014117893
This paper aims to investigate whether (inEurope) the Favoring Plaintifffee-shifting Rule can be an alternative to legal aid for assisting wealth-constrained Plaintiffs in pursuing cases, that would otherwise be dropped. According to the Favoring Plaintiff fee-shifting Rule, in litigation a...
Persistent link: https://www.econbiz.de/10013022019
How do judges engage with foreign case law? While prior research identified some instances where courts are willing to cite foreign judgments, details about the mode of engagement and the motivation of such cross-citations are often left unexplored. This article aims to fill these gaps. It...
Persistent link: https://www.econbiz.de/10014240445
Defining competences in EU law has always been problematic, notwithstanding the inclusion since the Treaty of Maastrict of the principle of conferred powers as central to the constitutional character of the EU. Under the principle of conferral, the Union only has those powers actually conferred...
Persistent link: https://www.econbiz.de/10014190544
This symposium contribution applies an institutional choice analysis, looking at whether legislatively-driven regulation or judicially-derived common law is better suited at addressing possible privacy violations that result from the disclosure of sensitive information by websites engaged in...
Persistent link: https://www.econbiz.de/10012928670
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Persistent link: https://www.econbiz.de/10011848871
This complaint to the European Ombudsman by Access Info Europe and the HEC-NYU EU Public Interest Clinic alleges maladministration in the selection of judges for the Courts of Justice of the EU (CJEU). The complaint argues that the Council of Europe wrongly refused access to information on...
Persistent link: https://www.econbiz.de/10011961428
Although all legal systems use some form of prejudgment or post-judgment interest, there is no substantive law & economics literature providing for a comprehensive theory on the impact, functioning and assessment of the judicial interest rate. Mainstream legal scholarship has usually dealt with...
Persistent link: https://www.econbiz.de/10012983736