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The Roman law remedies for failure to disclose in sales contracts where developed by two different institutions: the aediles, with jurisdiction on market transactions effected through auctions, and the praetor, with general jurisdiction including private transactions. The aedilitian remedies —...
Persistent link: https://www.econbiz.de/10013034525
According to well-established case-law of the European Court of Justice, in the European Union, parent companies can be fined for antitrust infringements by their subsidiaries. Furthermore, under a new EU Directive, signed into law on 26 November 2014, parent company liability is likely to be...
Persistent link: https://www.econbiz.de/10012962488
The award of the Nobel Prize in Economics to Professor Jean Tirole in 2014 has generated intense interest about his brainchild theory of two-sided markets. Against this background, this paper explores whether there is such a thing as a unified theory of two-sided markets and whether the...
Persistent link: https://www.econbiz.de/10012856370
It is a well-established principle of EU competition law that parent companies can be fined for antitrust infringements by their subsidiaries. Under the new EU Directive on Antitrust Damages Actions, parent company liability is likely to be extended to private antitrust suits. In the United...
Persistent link: https://www.econbiz.de/10012934622
There is a raging debate within antitrust to determine how to best assess the conduct of digital platforms and tailor the enforcement of antitrust laws to the modern economy. The distinguishing features of digital platforms can make their analysis quite different from conventional, single-sided...
Persistent link: https://www.econbiz.de/10013288880
This paper is about a set of interrelated labour law initiatives called quot;supply chain regulation.quot; This set of labour law initiatives signal the progressive transcendence of direct employment as a focus of labour law. Supply chain regulation originated as a response to the exploitation...
Persistent link: https://www.econbiz.de/10012753929
While price-fixing on platforms can attract severe enforcement action, as shown by the Amazon poster case, a more nuanced picture emerges regarding the fixing of prices for sellers by sharing economy platforms. This paper explores possible antitrust responses to such centralised platform-driven...
Persistent link: https://www.econbiz.de/10012914371
Intellectual property frequently carries with it exclusive rights not only over the primary subject matter of the rights granted, but also over ancillary subject matter that is not within the definition of the primary grant, as for example in the patent doctrine of contributory infringement....
Persistent link: https://www.econbiz.de/10014148274
Herein I outline an alternative theory of contract and contract enforcement. This theory is based upon two claims, one positive and one normative. The first claim is that incomplete contracting theory fails to explain how economic actors govern production in the new economy. Theories of...
Persistent link: https://www.econbiz.de/10014055299
Privacy raises particularly difficult and important questions in the employment context. Employees and employers have competing interests in disclosing and preventing disclosure of information. Maximizing the value of a firm often requires that confidential business information be widely...
Persistent link: https://www.econbiz.de/10014093852