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Institutions issuing publicly traded securities must divulge in a timely fashion any piece of information that may affect the price of their securities. When they fail to do so, these issuers expose themselves not only to administrative—and sometimes criminal—sanctions, but also to private...
Persistent link: https://www.econbiz.de/10014244745
Opinion 1/09 of the Advocate General, Juliane Kokott, 2 July 2010. The Advocate General of the Court of Justice of the European Union (ECJ) has found that the EU centralized patent litigation system recently proposed by the Council of the European Union does not comply with EU law. In her...
Persistent link: https://www.econbiz.de/10014185478
This Article analyzes the way federal courts have conducted their superiority inquiries on motions for class certification in transnational class actions. Opt-out class actions under Rule 23(b)(3) conflict with an important premise of legal systems around the world, namely, that one cannot be...
Persistent link: https://www.econbiz.de/10014190657
Although patent litigation has become increasingly global, with litigants earning billion-dollar verdicts and seeking judgments in many different jurisdictions around the world, scholarship has been almost completely silent on how such litigation develops outside the United States. This void in...
Persistent link: https://www.econbiz.de/10014042668
Applying novel datasets, Fabian Gäßler analyzes how key aspects of the current patent system in Europe and Germany, respectively, affect patent enforcement and patent trade. In particular, he shows what factors determine court selection in patent litigation and how the jurisdictional...
Persistent link: https://www.econbiz.de/10014019890
Public and Private Enforcement of Competition Law in Europe - Introduction and Overview -- Public Enforcement of Anti-Cartel Laws - Theory and Empirical Evidence -- Leniency Programmes and the Structure of Cartels - Remarks from an Economic Perspective -- The Role of Fines in the Public...
Persistent link: https://www.econbiz.de/10014021059
For the purposes of discussing the idea of a possible integration of public and private enforcement of competition law in the Europe it is useful, on the one hand, to perceive how the idea of private enforcement of EU competition law has developed over recent years and, on the other hand, to...
Persistent link: https://www.econbiz.de/10014133371
The ECHR organs have examined, since the 1960s, over 270 applications related to the protection or the degradation of the natural environment. The article offers a selective, systematised and up-to-date analysis of this vast body of case law and of applications pending the Court’s examination....
Persistent link: https://www.econbiz.de/10014113936
Why are so few intellectual property right claims brought to the ECtHR? Why would aggrieved individuals or corporations seek enforcement of their intellectual property rights in the European Court of Human Rights? What remedies could they secure and how do these remedies compare to those...
Persistent link: https://www.econbiz.de/10014124341
Based on interviews of all UK based third party litigation funders the paper provides new empirical evidence on the nature, extent and type of third party funding of litigation. It also examines the emergence of new group or class action third party funders in Europe focused primarily on...
Persistent link: https://www.econbiz.de/10013113308