In this paper, a theoretical analysis of the choice of self-regulating is presented in relation to the ex ante and ex post forms of regulation. First of all the relation of complementarity between these last forms of regulation is investigated through some contributions in the law and economic...

This paper focus on the relationship between the right's aims of providing an incentive for creative activities, and the overall efficiency. It can in fact be shown that, even if the commodification of intellectual works by means of copyright does provide some incentive for creative activities,...

This paper examines the relationships between copyright and competition law, paying special attention to the elements of conflict which have repeatedly emerged from recent antitrust cases in both the United States and Europe. In particular, the thesis argued is that the framework of intellectual...

The present paper analyses the relationship between competition and copyright law, paying special attention to two recent antitrust proceedings, the Italian Groupe Canal+/Stream and the European NDC Health/IMS Health. In particular the article attempts to interpret the existence of objective...

This paper attempts to systematise the law and economics theory as it relates to intellectual property rights, while at the same time suggesting new perspectives for analysis. The standard literature on IPRs relies essentially on the thesis of the incentive to create and/or disclose new ideas....

Purpose – Class action (CA) has long been used in practice (mainly in the USA) and studied by academics especially in the shareholder protection area. This paper aims to apply the same practice within the current financial meltdown context. Design/methodology/approach – The paper faces the...

According to the law and economics approach, pure economic loss is a private loss that is not socially relevant but simply implies a redistribution of wealth. Consequently, wrongful behavior that induces reallocation of costs and benefits with no consequences on social welfare is not considered...