Disclosure of documents enhances the effectiveness of private enforcement but must not deter from making leniency applications. As established by the ECJ in DonauChemie absolute protection for certain documents is incompatible with the primary law principle of effectiveness. Thus the per se...

This paper provides an overview of the qualification, selection, and exclusion of economic operators rules under Portuguese public procurement law (approved by Decree-Law no 18/2008, hereinafter “Public Contracts Code 2008”). As Directive 2014/24/EU is yet to be transposed into national law,...

Technical standard setting, though conducted largely through private organizations, possesses many attributes of a public function. By and large, SDO policies operate effectively to enable competitors to collaborate to develop standards that produce network effects and yield significant social...

This article, which was published in 1985, describes the development of a "Post-Chicago" antitrust policy. The Chicago School of antitrust analysis has made an important and lasting contribution to antitrust policy. The School has placed an emphasis on economic analysis in antitrust...

Consumers are drowning in a sea of one-sided fine print. To combat contractual overreach, consumers need an arsenal of effective remedies. To that end, the doctrine of unconscionability provides a crucial defense against the inequities of rigid contract enforcement. However, the prevailing view...

There is a large body of research in economics and law suggesting that the legal origins of a country—that is, whether its legal regime is based on English common law or French, German, or Nordic civil law—profoundly impacts a range of outcomes. However, the exact relationship between legal...

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...

Athletes always want more money, they all believe they deserve a bigger check and the athletes of the Ultimate Fighting Championship (“UFC”) are no different. Fighters of the most prominent mixed marital arts (MMA) promotion, the UFC, feel as though they are not being compensated adequately....