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This paper considers the ongoing debate around criminal enforcement of competition law and discusses whether the provision of criminal offences is a desirable option to prevent the great harm caused to the economy and consumers by cartel behaviour. After having given an account of the main arguments invoked to support criminalisation, the article highlights the significant difficulties – both theoretical ...
1. The Media’s Redundant Emphasis on Risks and the Elitist Specious Creation of Collective Worries In today's society—it has been affirmed authoritatively—security is only a social pretense and, as a consequence, the overcoming of risks is merely symbolic.[1] And, as a matter of fact, the role of the mass media follows this direction in an increasingly crucial way, especially through the ...
In national cases where EU law issues arise, legal practitioners (i.e. lawyers and legal advisors) often have to deal with problems related with the meaning of a particular legal provision. In such situations, it is vital for practitioners to know how to use the interpretative tools in order, not only, to defend the client’s interests in courts at national level, but also to contribute with better ...
In this paper, the author reports on how the European and American Competition Authorities apprehend margin squeeze viz. the fact for dominant undertakings operating simultaneously as vertically-integrated entities and as downstream market participants to increase wholesale prices by reducing their retail price, thus squeezing their downstream-market competitors out.#This is significant because the ...
The underlying emphasis of this paper is on Article 15 of the European Convention of Human Rights (ECHR). This Article allows contracting parties to derogate from their human rights obligations in face of public emergency. Accordingly, this paper explores the circumstances and conditions that establish public emergency. In what circumstances can a state declare an emergency in accordance with the ...
1. Introduction Arbitration has been defined as a private process which limits its transparency by precluding public observation and participation during arbitration hearings. Judges, juries, and court clerks, along with the press and government officials, play no role in the arbitral process. This leaves the public with an opaque picture regarding the conduct and outcomes of arbitration proceedings. ...
The EU law and the ECHR still did not provide a clear conceptual framework for the definition of the dividing line between administrative and criminal offences. The progressive and mutual collaboration between the two European courts will evidently once again be deeply disturbed, Strasbourg going one way and Luxembourg going the other way. Furthermore, the protection of a non-derogable individual ...
In the United States, mass shootings are commonplace and public reaction is clockwork: the shooting occurs, pro-control activists demand gun regulation, anti-control proponents balk against further regulation, and eventually, the incident is long forgotten. American politicians and policy-makers have thus become professionals at riding out the waves of gun violence. The question begging an answer ...
1. Introduction When entering into negotiations, the two parties involved naturally believe in the formation and conclusion of a valid agreement. However, sometimes one of the parties may enter into such an agreement under false pretences or without any intention to conclude the contract and, in the same way, creating valid expectations for the other party that such an agreement will come into effect. ...
I. The Context The BBA Libor rates garnered interest from The Wall Street Journal in 2008, which published a then controversial report on alleged fixing of the interest-rate submissions by the contributor banks in order to favour their own trading positions.[1] [2] The London Inter-Bank Offered Rate (Libor) is the inter-quartile average borrowing rate compiled everyday by the British Bankers Association ...