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With the rules of conduct of the MiFID being implemented in the national legal systems of the Member States, the question about the relationship between public law and private law is becoming ever more important. This contribution deals with the resulting interplay between market supervision and...
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The establishment of the ESMA is one of the most important innovations introduced by the EU post-crisis reforms. Whereas a considerable amount of literature has already deeply investigated the impact of the ESMA's powers on regulatory convergence, supervision, and public enforcement, little...
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the key features of the respective transactions' tax treatment. …
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We examine the desirability of granting "safe harbor" provisions to creditors of financial intermediaries in sale-and-repurchase (repo) contracts. Exemption from an automatic stay in bankruptcy enables financial intermediaries to raise greater liquidity and induces entry of intermediaries with...
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A clear trend is evolving as more and more banks and other financial institutions are being successfully sued before … initially mainly banks that had reason to worry about claims for damages based on a breach of the special duty of care, other …
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