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...

This study considers the influence of contracts on enforcement and the subsequent performance impact of aligned and misaligned enforcement. We define enforcement as a corrective action aimed at remedying problems occurring in the transaction. First we explain the role of contracts and show that...

This paper examines the relationship between the strength of creditor rights, their legal enforcement, corporate governance and corporate dividend payout in a sample of 281 emerging market firms. It shows that the outcome model of dividends holds in emerging markets, but only where the legal...

A debate about mass problems frequently gets bogged down in a discussion about class actions as a private litigation mechanism to achieve collective redress. This also seems to be the case in Belgium. What is often forgotten in these animated discussions is the existence of non-court mechanisms....

This article examines the recent series of criminal prosecutions against tax professionals and offshore bankers. These criminal cases, brought against the largest Swiss bank (UBS), the oldest Swiss bank (Wegelin), one of the largest accounting firms in the world (KPMG), as well as numerous...

In the inaugural issue of the Journal of Antitrust Enforcement, Mr. Wils published an article discussing the relationship between compliance programmes and competition law enforcement in the EU. This paper questions some aspects of Mr. Wils' analysis of compliance programmes, as well as some of...

This article examines Foreign Corrupt Practices Act enforcement and related issues during Lanny Breuer's tenure as Assistant Attorney General of the Justice Department's Criminal Division. It demonstrates that Breuer's tenure was not as glowing as DOJ suggests and shows that FCPA enforcement...

The current work analysis the Obama administration's policies on antitrust enforcement and delivers evidence on how the Obama administration has reinvigorated antitrust enforcement in his presidential terms. Furthermore, a foundation of strategic thinking in terms of antitrust enforcement is...

The article analyzes the impact of two recent reforms that improved Italian enforcement proceedings introducing a generally applicable monetary coercive measure.After a concise description of the main features of Italian enforcement proceedings, the author discusses the evolution of...