The EC antitrust prohibitions are regularly invoked in private litigation as a shield. Private parties also play an important role in public antitrust enforcement through complaints to the competition authorities. However, in marked contrast with the situation in the US, private actions for...

Spanish Abstract: Tras más de medio siglo de aplicación eminentemente pública del Derecho de la Competencia, estamos asistiendo a un impulso de la aplicación privada, que permite a los perjudicados por conductas anticompetitivas reclamar daños y perjuicios ante los tribunales civiles. Tanto...

The second of a two-part "handbook" — the first has been simultaneously posted on author's SSRN page — this pithy article details the potential defenses available to financial institutions and the issues that all parties should be prepared to address when proposing or rebuffing a claim...

On Nov. 10, 1978, President Jimmy Carter signed a lightly amended version of House Resolution 14279 into law. Days later, Rhode Island's Fernand St. Germain made clear its primary purpose: the modernization of the existing bank regulatory system. Tucked within this bill lay the Electronic Funds...

Portuguese Abstract: O presente estudo busca dar um dos primeiros passos necessários para se discutir a regulação da economia compartilhada no Brasil, oferecendo um panorama da regulação incidente sobre ela, sem se restringir a um setor ou uma plataforma em específico, e demonstrando quais...

This paper concerns the relationship between public antitrust enforcement and private actions for damages, focusing in particular on the enforcement of Articles 81 and 82 EC. In the first half of the paper, I examine the respective roles of public antitrust enforcement and private actions for...

The Supreme Court recently held that in reverse-payment settlements of drug patent disputes, anticompetitive effects can be inferred if the reverse payment exceeds the patent holder's anticipated litigation costs, absent some offsetting justification. Application of this standard is problematic...

Courts are rarely asked to judge beauty. Such a subjective practice would normally be anathema to the ideal of objective legal standards. However, one area of federal law has a long tradition of explicitly requiring courts to make aesthetic decisions: the law of design. New designs may be...

Courts and commentators are sharply divided about how to assess “reverse payment” patent settlements under antitrust law. The essential problem is that a PTO-issued patent provides only a probabilistic indication that courts would hold that the patent is actually valid and infringed, and...

Musical copyright has been the subject of collective rights management in Singapore for decades, conducted by what are known as collective management organisations (“CMOs”). Whereas CMOs serve the public interest by facilitating protection of copyright, they unfortunately exist in a legal...