The establishment of robust corporate compliance programmes is beneficial to firms individually as well as to the economy as a whole by helping prevent anti-competitive behaviour. Competition authorities worldwide have sought to stimulate such voluntary compliance by issuing detailed guidance...

The general duties owed by directors to their companies are a critical element of company law overall, and corporate governance in particular. If these duties are breached the board, acting on behalf of the company, is empowered to decide whether to take action against the miscreant directors....

Merger enforcement today relies on settlements more than litigation to resolve anti-competitive concerns. The impact of settlement policy on welfare and the proper goals of settlement policy are highly controversial. Some argue that gun-shy agencies settle for too little while others argue that...

Ten years ago, sovereign bond markets almost universally adopted so-called collective action clauses after years of public sector pressure for more efficient procedures to cope with sovereign default and restructuring. A second policy initiative, the standard appointment of a trustee to...

‘To ICSID or not to ICSID' is not the (relevant) question. The two types of enforcement which are often presented as ‘good versus bad', namely ICSID versus New York Convention enforcement, do not affect a claimant's chances of success as much as often portrayed. The grounds for this...

Our article, "Comparative Deterrence from Private Enforcement and Criminal Enforcement of the U.S. Antitrust Laws," 2011 B.Y.U. L. Rev. 315, documented an extraordinary but usually overlooked fact: private antitrust enforcement deters a significant amount of anticompetitive conduct. Indeed, the...

The private land conservation movement in this country must prepare to face a daunting opponent — landowners and their challenges to the restrictions placed on their land. These challenges are apt to take the form of legal scrutiny of one of the most popular land preservation devices currently...

This article assesses the role of private antitrust litigation in Japan through an empirical analysis. Based on data concerning actions for damages and injunctive relief in the post-war era, the article gauges how much private antitrust litigation has contributed to the deterrence of antitrust...

The Erie doctrine governs, among other things, when a federal court sitting in diversity jurisdiction may use a federal procedure that differs from the procedure that would be used in state court. Displacing the state procedure with the federal procedure (or not) may impact the substantive...