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Traditionally in the division of labor between the European level and the Member States it was, roughly, the European legislature that set the norms and the Member States that took care of enforcing these norms. In various policy areas, an implementation deficit has been observed, which is said...
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From an economic perspective tort law is to serve two important functions: deterrence of wrongdoers and victim compensation. We can easily construct examples of torts leading to small and widespread harm for which it is questionable whether a rational victim will initiate an individual lawsuit....
Persistent link: https://www.econbiz.de/10012829901
In the law and economics literature liability is generally regarded as an instrument which provides potential tortfeasors with incentives for optimal care taking. The question, however, arises whether liability can still provide those incentives when risks are unknown. That is the central...
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Consumer law enforcement is high on the European legislator's agenda. The German consumer law enforcement landscape is not unaffected by these European developments. Traditionally, law enforcement in Germany has primarily been carried out by way of civil litigation relying on active consumer...
Persistent link: https://www.econbiz.de/10013022564
This paper looks at the effectiveness and usefulness of establishing a self-regulatory entity (SRE) in the advertising sector. In different countries one finds different forms of this type of institution. It may play a role in ensuring that misleading and aggressive advertisements are stopped...
Persistent link: https://www.econbiz.de/10013049105
available open access at: https://www.tandfonline.com/doi/full/10.1080/17441056.2020.1824722Thinking in terms of supply chains, a crux with a view to antitrust damages is the fact that calculations (of market participants and hence also within legal proceedings) do not stop at the bilateral...
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