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In this paper, we will analyse further the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access...
Persistent link: https://www.econbiz.de/10013134857
The interference between insolvency law and the law applicable to arbitration is inevitable. Council Regulation (EC) No. 1346/2000 of 29 May 2000, on insolvency proceedings (Regulation), deals with proceedings being conducted in one EU Member State, while an insolvency proceedings involving one...
Persistent link: https://www.econbiz.de/10013135321
The Banking Act 2009 has introduced a special regime to deal with failing banks in the UK. A feature of the legislation is the regulator's power to trigger the regime by determining whether or not a bank is likely to fail. The use of the Act with Dunfermline Building Society has highlighted the...
Persistent link: https://www.econbiz.de/10013136172
In 2009, President Barak Obama allocated $8 billion in stimulus funding for high speed rail projects across the United States. One year later, in 2010, an additional $2.5 billion was distributed to corridors with High Speed Rail Projects. Even though the most recent congressional budget...
Persistent link: https://www.econbiz.de/10013113666
For many years, jurists have struggled to rationalise the common law rules which describe the circumstances in which it is justifiable to eschew the principle of separate legal personality which posits that a company is distinct from its members and managers. This is not particularly surprising....
Persistent link: https://www.econbiz.de/10013116418
When things go wrong, it is always good to find someone to blame. As the credit crisis started to unfold in 2007, credit rating agencies (“CRAs”) emerged as the villain – or scapegoat, one might say – for commentators and regulators alike. To sum up, observers accused CRAs of doing a...
Persistent link: https://www.econbiz.de/10013120955
The article focuses on regulation of takeovers in the European Union (EU) and in the United Kingdom (UK) with the aim to discuss and assess the relative importance of primary purpose of the regulation, i.e. facilitation of takeovers and change of control, and means of achievement of the...
Persistent link: https://www.econbiz.de/10013124001
Persistent link: https://www.econbiz.de/10013106757
This article surveys the historical development of financial services regulation in Great Britain, especially the social conditions and power relations that have shaped the evolution of British financial markets. The analysis specifically focuses upon the role of special interest groups and how...
Persistent link: https://www.econbiz.de/10013087157