A series of scandals in the financial services sector over the past twelve years has inspired concerted legislative action to protect customer interests. The Future of Financial Advice, Stronger Super, Protecting Consumers and Member Outcomes initiatives have each sought to reform the duties of...

In markets with significant scale economies and network effects, scholars and policymakers often tout open access and interoperability requirements as superior to both regulated monopoly and the break-up of dominant firms. In theory, by compelling firms to coordinate to develop common...

This article argues that the predominant interpretations of Schumpeter in competition law and economics are inaccurate. The aim of the article is to qualify some of the ossified narratives around Schumpeter’s legacy. To identify these misinterpretations, the article first provides an overview...

The pandemic crisis, which broke out in early 2020, is still affecting human lives and economic activity around the globe, causing unprecedented transformations which were not foreseen just before its onset. The European Union, its citizens and the financial and non-financial firms active...

In this study the author examines the two types of procedures of having a contract terminated: by giving notice to the other party or by filing a legal action against the other party and obtaining a judgment by which termination is ordered. Termination of a contract by a judge has deep...

This paper serves as a brief discussion on the current international financial architecture, and the power aff orded to private actors in capital markets. When the term ‘private surveillance' is used, it denotes the activities of supervisory bodies which are privately owned, unelected and...

This paper discusses the increasing interest in whistleblower legislation to advance the anticorruption project. The author identifies the several references to whistleblower protection in international anticorruption treaties and the introduction of whistleblower protection in several...

Just as the firm has long served as the foundational molecule of the U.S. capitalist economy, theories of the firm have for more than a century dominated legal and economic discourse. Ever since Ronald Coase published The Nature of the Firm in 1937 and asked why firms should exist in an...

Free-market capitalists believe in the syllogism that if a free market results in progress, and if progress is good, then by definition, a free market must be good. Two hundred years of economic development stand in testament to this premise. The capitalist model, premised on the notion of a...