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This article studies the rise and fall of the first liability insurance cartel in the United States. In 1886, insurance … companies in America began selling liability insurance for personal injury accidents, primarily to cover business tort liability … liability insurers agreed to fix premium rates and share information on policyholder losses. In 1906, this cartel fell apart …
Persistent link: https://www.econbiz.de/10014181240
This paper analyses the legal measures adopted to implement Directive 2014/104/EU into Spanish law. After briefly looking at the context of private enforcement of competition law in Spain, it examines the process followed for the transposition and the issues discussed before the adoption of the...
Persistent link: https://www.econbiz.de/10012926120
parties to a settlement because such injurers' liability can be restricted due to one of several privileges awarded by the …
Persistent link: https://www.econbiz.de/10012934621
by their subsidiaries. Under the new EU Directive on Antitrust Damages Actions, parent company liability is likely to be … instruments, in particular the individual liability of executives and employees. On this basis, I conclude that it is primarily … the existence of these functional substitutes that explains why a need for parent company liability has not arisen in US …
Persistent link: https://www.econbiz.de/10012934622
Persistent link: https://www.econbiz.de/10012915424
character of the subsidiary as a separate legal entity which shields the parent company from liability. This article takes the … there is no reason why the fact of belonging to a group should be sufficient to impute liability. This article argues that … economic activity, that joint economic activity in European company law leads to joint and unlimited liability, and that this …
Persistent link: https://www.econbiz.de/10014180132
Tort Law is not harmonised at a European level. Substantive and procedural regulations vary substantially across EU Member States in most of the facets and dimensions of damages actions. These differences derive, amongst other causes, from different legal traditions. However, significant efforts...
Persistent link: https://www.econbiz.de/10014222784
In a tort law regime established on the basis of corrective justice considerations, causation requirements will tend to play a predominant role in regulating the damages claims brought forward. The requirement of the causal link between the harm suffered and the anticompetitive conduct in...
Persistent link: https://www.econbiz.de/10014138101
This chapter analyzes the evolution and current state of antitrust damages litigation in Portugal and Spain. Both countries share the commonality of being novice jurisdictions in dealing with these types of claims. Courts and professionals have shown to be up for the challenges raised in...
Persistent link: https://www.econbiz.de/10014080718