Within the past decade, the EU has made significant steps in strengthening and harmonising the legal framework of capital markets. Despite passing and amending secondary legislation on this topic, it only partially addressed the issue of enforcement, leaving private enforcement an issue for its...

This paper analyses the role of third parties in the enforcement of the Foreign Subsidy Regulation (FSR). It focuses on competitors, customers, and suppliers – market participants directly affected by distortive foreign subsidies – as a special form of third parties.Third parties might have...

The European Commission (EC) and the European Courts have being reaffirming in the Deutsche Telekom and Telefónica cases that guide-prices established by sector regulators upon electronic communications incumbents cannot per se exclude that conducts with anticompetitive foreclosure effects,...

Mainstream competition law has failed to protect competition in core digital platform markets. This is partially due to enforcement agency’s current commitment to proving the investigated conduct’s actual effects on competition and consumer welfare on the basis of in-depth assessments of...

This paper shows that while the GDPR, which lies at the core of the EU digital privacy legislation, has arguably delivered positive outcomes by enhancing the protection afforded to users of digital services and strengthening the rights of data subjects, it has also had adverse effects on...

Reasons for the joint use of ex ante regulation and ex post liability to cope with environmental accidents have been a longstanding issue in law and economics literature. This article, which includes the first empirical study of the French environmental legal system, analyzes courts’ decisions...

The key question in this paper is to determine whether regulation and regulators information can help solving causal uncertainty problems in liability. A widely held view among Law & Economics scholars is that civil liability alone is not well-suited to cope with environmental accidents,...

Broadcasters and other media are particularly susceptible to claims in defamation, infringements of privacy or of other interests in personality. They may be also sued for other civil wrongs (torts) such as alleged breaches of intellectual property rights or for acts of unfair competition. When...

Reasons for the joint use of ex ante regulation and ex post liability to cope with environmental accidents have been a longstanding issue in law and economics literature. This article, which includes the first empirical study of the French environmental legal system, analyzes courts’ decisions...