Reviews the statutory and common law regarding monetary remedies for infringement, and sets forth economic standards that could be used to determine the efficiency and equity of the most common financial solution -- disgorging defendant revenues

This article analyses the reasons why eBay's April 2008 attempt to force its Members to only use PayPal for their auction transactions failed to gain approval from the Australian Competition and Consumer Commission. It describes and analyzes the complex interplay between eBay's marketplace,...

This paper focuses on one particular form of intermediary which has emerged as a core component of the digital economy: platforms. Platforms are the beating heart of the digital world, bringing together those who provide and those who acquire: on social media, people share their lives with their...

With the passage of the Internet Gambling Ban of 2006, Congress envisioned a complete prohibition on online poker and online gambling in general. Instead, this hastily passed law has created more confusion than it has cured. By failing to acknowledge jurisdictional problems associated with this...

The key argument of this contribution is that there is a case for harmonisation of the rules for online rating and review systems at the European level in order to create a level playing field for the collaborative economy. Following the model of the ‘new approach’ which has been efficient...

This paper explains how the Consumer Rights Directive (CRD) was implemented in the United Kingdom. Although the implementation largely copies out the text of the CRD verbatim, the original proposal for a more detailed directive started a wider process of reforming and modernising UK consumer...

On 11 April 2018, the European Commission presented its "New Deal for Consumers". This is a package of measures consisting of a general communication, and two legislative proposals for new Directives: the first is a proposal for a Directive which would amend several existing directives to make a...

The banker's common law contractual duty of confidentiality to clients has been well established for over 86 years. The four qualifications to the duty of confidentiality were crafted in 1924 in Tournier's Case when crime was viewed as a local phenomenon. The question arises as to whether and...

In the legislation of countries in the system of ″common law″, the commission contract is brought under regulation differently, depending on the principle that has been adopted, regarding the extent to which it is permitted the establishment of certain legal effects in the relationships...

It is now established in employment law that an implied term of trust and confidence exists in the contract of employment which subjects' parties to a duty not to conduct themselves without reason in such manner that will likely destroy or damage the existing trust and confidence between them....