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The Case for an Innovation Principle : A Comparative Law and Economics Analysis
Portuese, Aurelien - 2019
of potentially propitious innovations due to the existence of scientific uncertainties.Whereas innovation has …-aversion at the expense of innovation.This Article discusses the law and economic foundations and implications of the … stifling innovation and discussed the current precautionary principle, this Article vouches for an innovation principle to come …
Persistent link: https://www.econbiz.de/10012871030
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The economics of dependence: a theory of relativity
Friederiszick, Hans; Reinhold, Steffen - 2021
dependent on another company. The present paper aims to fill this gap, and argues that bargaining theory and the economics of …
Persistent link: https://www.econbiz.de/10012650654
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The Role of Legal Principles in the Economic Analysis of Competition Policy
Houba, Harold - 2014
We study the impact of legal principles on the design and the effectiveness of antitrust fines. Modern antitrust enforcement obeys four basic legal principles: punishments should fit the crime, proportionality, bankruptcy considerations, and minimum fines. We integrate these principles into a...
Persistent link: https://www.econbiz.de/10013061084
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Libertarianism, Law and Economics, and the Common Law
Zywicki, Todd J. - 2014
This article was prepared as a contribution to the Chapman Law Review's symposium on “Libertarian Legal Theory.” While … libertarian legal theory and law and economics share many affinities there are places in which both the method of the common law …
Persistent link: https://www.econbiz.de/10013065076
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Regulation of Pharmacists : A Comparative Law and Economics Analysis
Philipsen, Niels J. - 2014
This paper discusses the regulation of pharmacists from an economic perspective, focusing on licensing, price and fee regulation, advertising restrictions and rules on exercise of the profession, and restrictions on business structure. A comparative overview is presented of the most common forms...
Persistent link: https://www.econbiz.de/10013045409
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Foreign Punitive Damages Decisions and Class Actions in Italy
Quarta, Francesco - 2012
This chapter deals with the enforceability of U.S. opt-out class actions in continental Europe, with special attention to Italy, France and Spain. The study sets out by a thorough analysis of U.S. precedents concerning the availability of extra-compensatory damages in complex litigation (among...
Persistent link: https://www.econbiz.de/10013098841
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The Allocation of the Burden of Proof in Private Antitrust Litigation (in Chinese)
Emch, Adrian - 2020
This article examines how the burden of proof is allocated in private antitrust suits in China, and tries to assess whether the criticism about the high burden of proof is merited. In that quest, the article lays out the general principle for the burden of proof in antitrust cases in China. It...
Persistent link: https://www.econbiz.de/10012825501
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A Class Action Model for Antitrust Damages Litigation in the European Union
Polverino, Fabio - 2006
This paper reviews the legal and economic structure of the class action litigation model in the United States, as set forth by rule 23 of US civil procedure, exploring the requirements for obtaining class certification and maintaining a class action. I analyze a number of critical issues and...
Persistent link: https://www.econbiz.de/10012733001
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The EU Fining Policy : A Law & Economics Analysis
Giannaccari, Andrea - 2018
The paper critically analyses the enforcement practices of the European Commission, between 2007 and 2013, focusing on the ways in which the institution has exercised its sanctioning powers. After having examined the purposes of the penalty system, a quantitative and qualitative analysis on the...
Persistent link: https://www.econbiz.de/10012909563
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The Information-Forcing Dilemma in Damages Law
Chiang, Tun-Jen - 2018
Courts assessing compensatory damages awards often lack adequate information to determine the value of a victim's loss. A central reason for this problem, which the literature has thus far overlooked, is that courts face a dilemma when applying their standard information-forcing tool to the...
Persistent link: https://www.econbiz.de/10012935655