Despite twenty years of success in returning billions of dollars to the U.S. Treasury, citizens attempting to recover damages under the False Claims Act (FCA) continue to face judicial hostility in their efforts to expose corporate fraud. Judges twist the public disclosure bar of the FCA to deny...

The combination of leniency programmes, high sanctions, complaints from customers and private actions for damages, has proven very successful at uncovering and punishing cartel agreements in the US. Countless jurisdictions are being encouraged to adopt these 'conventional' enforcement tools, in...

The Federal Arbitration Act mandates strict and uniform enforcement of standardized pre-dispute arbitration provisions. This may not be proper, however, in light of the importance of context with respect to these provisions. This Article therefore seeks to remind courts of the importance of...

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...

Remedies have provided a bar to the enforcement of dispute resolution clauses in contracts because courts have been unable to find an appropriate head of damages and have been reticent to order the equitable remedy of specific performance for fear that it will require constant supervision by the...

In this paper, we consider the competition of providers of information products against P2P networks that offer illegal versions of the information products. Depending on the generic cost factor of downloading — incorporating factors including, among other things, the degree of legal...

Since the mid-1980s, Congress and state legislatures have passed numerous environmental protection statutes. Agencies will have to cope with the increased workload created by these statutes by developing new enforcement techniques and strategies. A comparison with the Dutch enforcement system...

This essay will explore the effect of developments in class action law and practice upon remedial law, and investigate the state of health of the compensation principle. The compensation principle requires that plaintiffs should as nearly as possible be awarded a sum of money that will place...

This chapter recounts the history and modern status of state antitrust enforcement. Initially, it describes the three major waves of state statutory enactments, one before 1900, one during the 1930's and the final in the 1970's, and culminates with an analysis of recent legislative developments....

This note presents my position regarding the hidden ownership schemes currently employed by the Schaeffler group to build up stakes in Continental AG in preparation for an unsolicited surprise cash-bid for Continental's shares. It summarizes the information publicly available on the Schaeffler /...