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This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...
Persistent link: https://www.econbiz.de/10013124820
Since 1996, the European Commission has been operating a leniency programme, under which companies cooperating with its cartel investigations can obtain immunity from fines or a reduction of fines. Leniency plays a prominent role in EU cartel enforcement today. This paper assesses the positive...
Persistent link: https://www.econbiz.de/10014126878
This paper analyses the role of third parties in the enforcement of the Foreign Subsidy Regulation (FSR). It focuses on competitors, customers, and suppliers – market participants directly affected by distortive foreign subsidies – as a special form of third parties.Third parties might have...
Persistent link: https://www.econbiz.de/10014356713
This is one of the first articles to demonstrate that the primary goal of antitrust is neither exclusively to enhance economic efficiency, nor to address any social or political factor. Rather, the overriding intent behind the merger laws was to prevent prices to purchasers from rising due to...
Persistent link: https://www.econbiz.de/10013137684
The purpose of this paper is to outline the circumstances in which telecommunications data can be lawfully accessed for national security and law enforcement purposes, and to consider whether this access regime sacrifices individual privacy to an unacceptable extent. Since privacy is the primary...
Persistent link: https://www.econbiz.de/10014183726
Statutory damage awards are controversial in copyright law. To some, statutory damages are indispensable to enable the pursuit of meritorious copyright infringement claims that otherwise are too costly to pursue. Others are convinced that the availability of statutory damages tempts plaintiffs...
Persistent link: https://www.econbiz.de/10014106698
This paper explores fundamental changes to the UK’s competition law private actions landscape. It examines how the Consumer Rights Act 2015 (‘CRA’) has paved the way for private enforcement to become an effective deterrent against anti-competitive behavior. These changes have been made...
Persistent link: https://www.econbiz.de/10014092558
This article examines P2P file sharing and the copyright enforcement problem it has created through the lens of scalability. Writing about the growth and governance of the Internet, David Post observed that "scaling problems - the problems that arise solely as a consequence of increasing size or...
Persistent link: https://www.econbiz.de/10014044203
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