The Securities and Exchange of Board of India (SEBI) is one of the most powerful regulators in India. As the regulator of one of the world's largest capital markets, it has a range of enforcement tools at its disposal, such as the imposition of monetary penalties, ordering the disgorgement of...

This chapter examines the impact of private and public enforcement of securities regulation on the development of capital markets. After a review of the literature, it considers empirical findings related to private and public enforcement as measured by formal indices and resources, with...

High profile rejections of proposed agency settlements have drawn new attention to judicial review of agency settlements, particularly in the context of the Securities and Exchange Commission. The discussion, however, generally ignores one important function of these settlements: compensation....

The Securities and Exchange Commission (SEC) has undergone measured change in the last fifteen years in the way it executes its mission to protect investors. Since reforms adopted in 1996, the SEC has operated under a new mandate to consider the effect of new rules on efficiency, competition,...

Attention has been focused on the stock exchange rules by amendments made to (now former) sections 777 and 1114 of the Corporations Law in 1994, designed to widen the operation of the rules, and the decisions in Chapmans' case (1994-1995), which have narrowed their operation. (The equivalent...

This note is written to update the author's article 'The legal enforcement of stock exchange rules' published in (1995) 7 Bond Law Review. This article analysed the operation and effect of stock exchange listing rules now that they have statutory significance under many sections of the...

This paper focuses on institutional design aspects of the enforcement of competition law and other procompetitive regulation in fintech markets. Those interventions may prove necessary because the market entry of technology-enabled innovation may depend on accessing other (competing) market...

This paper provides an empirical assessment of enforcement of environmental law in the Flemish Region. Data are used from the environmental inspectorate over a period of 20 years showing how many violations took place, how these violations were handled by the environmental inspectorate and how...

An important provision in each of the final judgments in the government's Microsoft antitrust case requires Microsoft "make available" to software developers the communications protocols that Windows client operating systems use to interoperate "natively" (that is, without adding software) with...

Efforts to avoid punishment are socially wasteful. Not only do they limit the deterrent effect of punishment but they may actually lead to the paradoxical result that more severe punishment for crime induces more crime. The law has therefore constantly attempted to deter avoidance efforts and...