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This paper documents the evolution of the Australasian Environmental Law Enforcement and Regulators neTwork (AELERT), through several phases, focussing on both the accomplishments and challenges encountered along the way. Commencing as a national network with five Australian foundation member...
Persistent link: https://www.econbiz.de/10014176757
This paper discusses discretion and prioritisation in public antitrust enforcement, in particular in the enforcement of EU antitrust law. First, the paper defines the notion of discretion and discusses the rationale of discretion. Second, it examines the enforcement of Articles 101 and 102 TFEU...
Persistent link: https://www.econbiz.de/10014186135
In July 2009 the Australian Parliament passed legislation criminalising cartel conduct and introducing jail penalties for individuals who engage in cartel behaviour. The rhetoric justifying criminalisation assumes that compliance can be induced through the mechanism of deterrence. This in turn...
Persistent link: https://www.econbiz.de/10014041215
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...
Persistent link: https://www.econbiz.de/10014198798
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...
Persistent link: https://www.econbiz.de/10014213178
Although both in US antitrust and European competition law there is a clear evolution to a much broader application of "rule of reason" (instead of per-se rules), there is also an increasing awareness of the problems of a case-by-case approach. The "error costs approach" (minimizing the sum of...
Persistent link: https://www.econbiz.de/10014214787
This paper gives an overview about the legal background and the practice of the Hungarian Competition Authority as regards imposing monetary sanctions for misleading advertising and other types of unfair commercial practices. The sometimes unpredictable fluctuation of the level of fines is...
Persistent link: https://www.econbiz.de/10013028979
This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...
Persistent link: https://www.econbiz.de/10013124820
Persistent link: https://www.econbiz.de/10013149580
If a creditor does not succeed in the extrajudicial collection of his money claim, in the Netherlands the debt is normally recovered by initiating ordinary court proceedings. This is necessary in order to obtain an enforceable title, which enables a creditor to enforce his claim. Research has...
Persistent link: https://www.econbiz.de/10013082528