Europe has witnessed an intensive debate on collective redress over the course of the last decade. Discussions in Europe are characterized by opposing views in the Member States and fear for abusive litigation. In June 2013, the European Commission released its long-awaited policy in the form of...

For many years, the rise in number of international units operated by U.S. franchisors has outpaced domestic growth. As the trend toward globalization accelerates, franchise owners must determine the most effective methods to protect their intellectual property rights wherever they do business....

The contemporary legal regime in the United States extensively shields corporate officers from prosecution for acts equivalent to criminality under law and societal norms. An earlier paper presented a conceptualization of corporate equivalencies to murder and assault. In this paper, I extend it...

France and Europe are at the forefront of ESG regulation. They have taken steps that go far beyond mere reporting requirements, aiming at designing a new capitalism. This will have significant consequences for European companies, but also for non-European companies doing business in Europe, as...

While corporate finance follows a general trend towards ESG branding by marketing financial instruments as ‘green’ or ‘environmentally sustainable’, investors often search for clear information on the greenness of their investment. The advanced EU legislation on green finance offers...

According to well-established case-law of the European Court of Justice, in the European Union, parent companies can be fined for antitrust infringements by their subsidiaries. Furthermore, under a new EU Directive, signed into law on 26 November 2014, parent company liability is likely to be...

Whereas the European Commission is not empowered to impose penalties on individuals according to Regulation 1/2003, many EU Member States allow their national competition authorities or criminal law enforcers to do so. However, because the Commission typically invokes its competence where...

The EU Directive on Antitrust Damages Actions holds multiple injurers jointly and severally liable for the harm they cause through jointly infringing the competition laws. If an injurer pays to a victim more than the injurer's fair share, the latter is entitled to obtain a contribution from any...

It is a well-established principle of EU competition law that parent companies can be fined for antitrust infringements by their subsidiaries. Under the new EU Directive on Antitrust Damages Actions, parent company liability is likely to be extended to private antitrust suits. In the United...

The administrative state is leveraging algorithms to influence individuals' private decisions. Agencies have begun to write rules to shape for-profit websites such as Expedia and have launched their own online tools such as the Consumer Financial Protection Bureau's mortgage calculator. These...