This work underlines some of the main issues that Member States face in attempting to reconcile national tort law systems with EU goals in competition law. As a matter of fact, the very notion of private enforcement tends to achieve two different purposes: on the one hand, corrective justice...

Congressional amendments to the immigration code in the 1990s significantly broadened grounds for removal while nearly eradicating opportunities for discretionary relief. The result has been a radical transformation of immigration law. In particular, the constriction of equitable discretion as...

The spread of competition laws in Latin America has been accompanied, as in Central and Eastern Europe, by warnings against over-enforcement, and in particular against enforcement of provisions against the "abuse of a dominant position" in a market that may discourage legitimate, pro-competitive...

Artificial intelligence (AI) presents a major governance challenge given the complexity of its applications and the speed of its development. This paper first makes the case that "soft law" will and should play a major role in the governance of AI. Soft law consists of instruments that impose...

As part of a recent trend toward more cooperative relations between regulators and industry, novel government programs are encouraging firms to monitor their own regulatory compliance and voluntarily report their own violations. In this study, we examine how regulatory enforcement activities...

Antitrust jurisdictions all over the world are looking at new rules for digital markets to manage possible forms of monopolization because the consumer welfare standard would be ill-adapted to ensure competition in digital platforms. This paper proposes a different solution by exploring a...

The European Commission is charged with implementing the Digital Markets Act (DMA) which will impose a list of 22 do and don't to Big Tech platforms in March 2024. Based on economic and legal reasoning, this paper asks how the Commission can fulfil this challenging task effectively. The paper...

The paper offers a reasoned and up-to-date reconstruction of the competition law enforcement system in the EU. It aims to explain what the architecture of competition law enforcement in the EU is, what the main achievements of the system are, as well as the challenges still threatening...

The purpose of this paper is to describe the institutions of antitrust enforcement in the United States and to test those institutions against a set of norms used to assess the operations of administrative agencies. The paper is part of a broader project studying global administrative agencies....

Today there is widespread dissatisfaction with many aspects of federal environmental law. The apparent success of early environmental regulations notwithstanding, many analysts and academics have begun to reexamine the potential of common law causes of action to supplement, if not supplant,...