Brazil has experienced a revolution in its cartel enforcement regime in the last ten years or so. The increase in the number of dawn raids, the steep rise in the amount of fines, and the rapid evolution of the leniency program, and criminal prosecutions, are remarkable. These developments,...

Research into the attitudes and practices of small and medium-sized enterprises (SMEs) and micro firms with regard to the enforcement of intellectual property, as well as the cost implications of the present IP enforcement system in the UK. Uses both an online survey and a phone survey, and...

Deterrence continues to be one of the principal objectives of penal policy, upheld by legislature and judiciary alike. On the legislative level, increased penalties are frequently introduced, sometimes specifying minimum terms of imprisonment, with this aim in view. On the judicial level, it was...

The Dodd-Frank Wall Street Reform Act allowed the Securities & Exchange Commission to bring almost any claim that it can file in federal court to its own Administrative Law Judges. The agency has since taken up this power against a panoply of alleged insider traders and other perpetrators of...

The enforcement program at the Securities and Exchange Commission has been the subject of severe criticism in recent years. The occasional reforms that have been adopted have not begun to root out the deeper, structural defects with the investigation and charging process at the SEC. Reforms...

Following the decisions of the European Court of Justice in the Courage and Manfredi cases, victims of antitrust practices may seek redress before their national civil courts against the infringing businesses. In Spain, an empirical study on private enforcement of competition law collecting the...

The Australian Securities and Investments Commission (ASIC) regards continuous disclosure by listed companies as “fundamental to market integrity” and “a central tenet of fair and efficient financial markets”. Given the importance placed upon the continuous disclosure laws, there is,...

This paper discusses a series of ECJ judgments on national mortgage enforcement proceedings in light of the Directive on Unfair Terms in Consumer Contracts. According to the Court, national courts must be able to provide interim measures suspending mortgage enforcement proceedings, thereby...

I investigate how the effectiveness of the judicial system impacts corporate financing policy through the channel of covenant violations across the world. Financial covenant violations trigger creditors to use their contractual acceleration and termination rights to increase interest rates or...