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Market Abuse Deterrence Under a Civil Liability Regime

EMILIOS AVGOULEAS

in The Mechanics and Regulation of Market Abuse: A Legal and Economic Analysis

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199244522
eISBN:
9780191715105
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199244522.003.0009
Subject:
Law, Competition Law

This chapter discusses the deterrent force of private enforcement in cases of insider dealing and market manipulation. Private enforcement in the present context means actions in damages by investors ... More


Private Enforcement: Growth, Backlash, and Spillovers

Daniel A. Crane

in The Institutional Structure of Antitrust Enforcement

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195372656
eISBN:
9780199893287
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372656.003.0003
Subject:
Law, Competition Law

The creation of a private right of action for damages has led to the significant decision to separate antitrust from corporate regulation. This conceptualizes a freestanding tort. This chapter ... More


Rethinking Private Enforcement

Daniel A. Crane

in The Institutional Structure of Antitrust Enforcement

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195372656
eISBN:
9780199893287
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372656.003.0009
Subject:
Law, Competition Law

Currently, the antitrust law of the United States is considered the most unique in the world, where private enforcement of antitrust law does better than public enforcement. A system of private ... More


Conclusion

Pål Wennerås

in The Enforcement of EC Environmental Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199229017
eISBN:
9780191711268
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199229017.003.0007
Subject:
Law, EU Law, Environmental and Energy Law

This chapter takes stock of the book's main findings and provides recommendations for the future enforcement of EC environmental law. Topics discussed include private enforcement against national ... More


Google’s Private Copyright Rule-Making and Algorithmic Enforcement

Joanne Elizabeth Gray

in Google Rules: The History and Future of Copyright Under the Influence of Google

Published in print:
2020
Published Online:
March 2020
ISBN:
9780190072070
eISBN:
9780190072100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190072070.003.0006
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter evaluates Google’s approach to copyright enforcement across its own platforms. Increasingly, Google self-regulates and negotiates with rightsholders to privately devise copyright rules. ... More


European Antitrust Criminalization and the Challenge of Deterrence Theory

Peter Whelan

in The Criminalization of European Cartel Enforcement: Theoretical, Legal, and Practical Challenges

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199670062
eISBN:
9780191749445
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670062.003.0003
Subject:
Law, Employment Law, Competition Law

This chapter examines the extent to which the employment of criminal sanctions for cartel activity can be justified on the basis of deterrence. It outlines the deficiencies of the current approach to ... More


Enforcement

Carsten Gerner-Beuerle and Michael Schillig

in Comparative Company Law

Published in print:
2019
Published Online:
June 2019
ISBN:
9780199572205
eISBN:
9780191747397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199572205.003.0008
Subject:
Law, Company and Commercial Law, Comparative Law

This chapter explores whether the lower level of investor protection that some commentators associate with the civil law can be explained with deficiencies in the enforcement mechanisms that ... More


Private Enforcement in the UK: Effective Redress for Consumers?

Barry J Rodger

in The UK Competition Regime: A Twenty-Year Retrospective

Published in print:
2021
Published Online:
June 2021
ISBN:
9780198868026
eISBN:
9780191904615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198868026.003.0012
Subject:
Law, Competition Law

In Chapter 12, Barry Rodger retraces his footsteps in relation to his contributions in both earlier collections on the theme of private enforcement in the UK, with a particular slant on the extent to ... More


Corporate Governance in Context: Corporations, States, and Markets in Europe, Japan, and the US

Klaus J. Hopt, Eddy Wymeersch, Hideki Kanda, and Harald Baum (eds)

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199290703
eISBN:
9780191700576
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199290703.001.0001
Subject:
Law, Company and Commercial Law

Increased regulatory competition has sharpened the comparative awareness of advantages or disadvantages of different national models of political economy, economic organisation, governance, and ... More


Bundling Private Governance with Bricks and Mortar: Private Policing in California, North Carolina, and Beyond

Edward Peter Stringham

in Private Governance: Creating Order in Economic and Social Life

Published in print:
2015
Published Online:
August 2015
ISBN:
9780199365166
eISBN:
9780199366132
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199365166.003.0008
Subject:
Economics and Finance, Public and Welfare

In addition to helping facilitate exchange, private governance protects physical property rights. During the early days of the Gold Rush, San Francisco lacked a public police force, and even after ... More


Open Questions on Balancing in the GDPR

Jef Ausloos

in The Right to Erasure in EU Data Protection Law

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198847977
eISBN:
9780191882562
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198847977.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law, EU Law

This chapter discusses some of the loose ends that remain after the previous two chapters in Part II on Fair Balancing and Data Protection. In particular, it tries to frame answers to—or at the very ... More


Article 102 TFEU

Manuel Kellerbauer

in The EU Treaties and the Charter of Fundamental Rights: A Commentary

Published in print:
2019
Published Online:
March 2021
ISBN:
9780198794561
eISBN:
9780191927874
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198759393.003.197
Subject:
Law, EU Law

Article 82 EC Any abuse by one or more undertakings of a dominant position within the internal market or in a substantial part of it shall be prohibited as incompatible with the internal market in ... More


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