Showing 1 - 10 of 484
The harmonization of criminal law and procedure is still in its infancy within European Union law and so the relationship between the commercial framework of intellectual property and the criminal enforcement of its standards remains an unsettled and unsettling adolescence. The Proposal for a...
Persistent link: https://www.econbiz.de/10014181535
On 1 September 2006, the European Commission published new Guidelines on the method it will use when setting fines for undertakings that have infringed the competition rules laid down in Articles 81 and 82 of the EC Treaty. This paper discusses the questions what the purpose is of guidelines,...
Persistent link: https://www.econbiz.de/10014052842
settlement amount, yet at the price of reduced deterrence for those wrongdoers who are actually fined. Under a leniency program … fine reduction on deterrence is, therefore, negative. …
Persistent link: https://www.econbiz.de/10012159842
During the last decades of the 20th century, after the end of the Cold War, a process of increasing rates of globalisation has developed in the world leading to, among other effects, the intensification of economic, ideological, political, cultural and multiple social consequences (Kacowiks...
Persistent link: https://www.econbiz.de/10014051917
The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...
Persistent link: https://www.econbiz.de/10014198798
In this article, I will examine the doctrine of ignorantia legis, or presumed knowledge of the law, as it functions in the current milieu of American criminal justice, the age of the regulatory crime. Much ink has been spilled over this doctrine, and many pieces argue against ignorantia legis,...
Persistent link: https://www.econbiz.de/10014136957
The word "piracy" has been applied to acts of murder, robbery, plunder, rape and other villainous deeds which have transpired throughout history. Piracy usually conjures up images of a flag with skull and crossbones and of swashbucklers, plundering ships and taking booty as prize. Traditionally,...
Persistent link: https://www.econbiz.de/10014139359
According to well-established case-law of the European Court of Justice, in the European Union, parent companies can be fined for antitrust infringements by their subsidiaries. Furthermore, under a new EU Directive, signed into law on 26 November 2014, parent company liability is likely to be...
Persistent link: https://www.econbiz.de/10012962488
Persistent link: https://www.econbiz.de/10012966518
This article assesses the national and transnational effects of Brexit on integrity and anti-corruption law and policies. Drawing on relevant legal, criminological and economic theoretical and empirical findings, we suggest that Brexit is not bound to have a negative impact, but can become an...
Persistent link: https://www.econbiz.de/10012914430