A substantial number of cartels in the European Union are detected and enforced by the national competition authorities (NCAs). The effectiveness of domestic enforcement has been subject to extensive review and debates, which have recently culminated and resulted in the proposal for the ECN+...

If the Supreme Court's recent decision in Apple v. Pepper had hewed to the precedent established by Ohio v. American Express it would have begun its antitrust inquiry with the observation that the relevant market for the provision of app services is an integrated one, in which the overall effect...

The status of independent agencies is almost certainly the most written about and litigated feature of the administrative state. Recently, the legal literature has paid sustained attention to the factors leading the formation of independent agencies. Under what circumstances are agencies more...

This chapter examines the Internet's origins and development as a ‘freedom-enhancing' tool, alongside the contemporaneous evolution of EU law and regulation governing private economic power. The concept linking these two streams of discussion is that of ‘user autonomy', which is implicated...

This paper reviews the Discussion Paper released in April 2011 by the Australian Government setting out proposals for shielding tax advice of accountants from the Tax Commissioner's coercive access powers. The paper argues that statutory entrenchment of the existing administrative arrangement,...

The Securities and Exchange Commission (SEC or Commission) appears to be on the verge of requiring investment advisers to undergo third party examinations. One justification for the rulemaking is that the Commission lacks sufficient resources to examine advisers frequently enough. Another is to...

The task of this paper is to identify key conceptual limitations of prospective ethics review in the social sciences and humanities and discuss the implications of employing a positivist methodological toolkit in designing a governance framework for all research involving humans. This is...

The conventional wisdom is that the FTC was the governmental equivalent of a leper colony prior to 1969, and its credibility and reputation were restored only by the adoption of the wise recommendations in the 1969 ABA Report. There is no question that the FTC deserves plenty of criticism for...