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Full-Text Articles in Law

An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez Jun 2015

An Approach To The Regulation Of Spanish Banking Foundations, Miguel Martínez

Miguel Martínez

The purpose of this paper is to analyze the legal framework governing banking foundations as they have been regulated by Spanish Act 26/2013, of December 27th, on savings banks and banking foundations. Title 2 of this regulation addresses a construct that is groundbreaking for the Spanish legal system, still of paramount importance for the entire financial system insofar as these foundations become the leading players behind certain banking institutions given the high interest that foundations hold in the share capital of such institutions.


The Rise And Rise Of The One Percent: Getting To Thomas Piketty's Wealth Dystopia, Shi-Ling Hsu Aug 2014

The Rise And Rise Of The One Percent: Getting To Thomas Piketty's Wealth Dystopia, Shi-Ling Hsu

Shi-Ling Hsu

Thomas Piketty's Capital in the Twenty-first Century, which is surely one of the very few economics treatises ever to be a best-seller, has parachuted into an intensely emotional and deeply divisive American debate: the problem of inequality in the United States. Piketty's core argument is that throughout history, the rate of return on private capital has usually exceeded the rate of economic growth, expressed by Piketty as the relation r > g. If true, this relation means that the wealthy class – who are the predominant owners of capital – will grow their wealth faster than economies grow, which …


New Powers- New Vulnerabilities? A Critical Analysis Of Market Inquiries Performed By Competition Authorities, Tamar Indig, Michal Gal Jan 2014

New Powers- New Vulnerabilities? A Critical Analysis Of Market Inquiries Performed By Competition Authorities, Tamar Indig, Michal Gal

Michal Gal

In the past two decades the number of jurisdictions which have empowered their Competition Authorities to engage in market inquiries (MIs) has grown substantially. Although jurisdictions differ in the scope and procedure adopted for such studies, they all share an important common trait: attempting to allocate the roots of limited competition in the studied market. Market studies differ from traditional competition law tools in their triggers, range, object, and the level of pro-activity of the Competition Authority. They are not triggered by a suspicion of anti-competitive conduct of specific firm(s), but rather allow the Authority to use a broad prism …


Game Over For First Sale, Stephen J. Mcintyre Mar 2013

Game Over For First Sale, Stephen J. Mcintyre

Stephen J McIntyre

Video game companies have long considered secondhand game retailers a threat to their bottom lines. With the next generation of gaming consoles on the horizon, some companies are experimenting with technological tools to discourage and even prevent gamers from buying and selling used games. Most significantly, a recent patent application describes a system for suppressing secondhand sales by permanently identifying game discs with a single video game console. This technology flies in the face of copyright law’s “first sale” doctrine, which gives lawful purchasers the right to sell, lease, and lend DVDs, CDs, and other media. This Article answers a …


Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, Latoya C. Brown Jan 2013

Rise Of The Intercontinentalexchange And Implications Of Its Merger With Nyse Euronext, Latoya C. Brown

Latoya C. Brown, Esq.

This paper examines the impending merger between the IntercontinentalExchange (ICE) and NYSE Euronext against the backdrop of the current structure of the global financial services industry. The paper concludes that the merger embodies what the financial services industry is becoming and captures the model that will allow exchanges to remain competitive in today’s marketplace: mega-exchanges with broader asset classes and electronic platforms. As technology and globalization threaten their vitality, exchanges will need to continue reinventing and adapting. Increasingly over the last decade they have done so by merging and by moving, at least a part of, their operations on screen. …


The Competition Act Of 2010: What Effect Will The Act Likely Have On The Supply And Prices Of Goods And Services In Malaysia?, Bryane Michael Jan 2013

The Competition Act Of 2010: What Effect Will The Act Likely Have On The Supply And Prices Of Goods And Services In Malaysia?, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

This presentation provides an overview of the likely effects of Malaysia's 2010 Competition Act.


A Comparison Of Anti-Manipulation Rules In U.S. And Eu Electricity And Natural Gas Markets: A Proposal For A Common Standard, Shaun D. Ledgerwood, Dan Harris Apr 2012

A Comparison Of Anti-Manipulation Rules In U.S. And Eu Electricity And Natural Gas Markets: A Proposal For A Common Standard, Shaun D. Ledgerwood, Dan Harris

Shaun D. Ledgerwood

In this paper, we describe the development and current status of anti-manipulation rules as they apply to wholesale electricity and natural gas markets in the United States and the European Union, including the institutions that are responsible for overseeing these rules. We then compare and contrast these jurisdictions to discuss similarities, differences, and potential gaps in coverage within and across their internal markets. We note that while the behavior prohibited by the U.S. and EU statutes is remarkably similar, there is in fact no common standard for defining market manipulation. The absence of a common EU/U.S. framework for examining manipulative …


Rummaging Through The Bottom Of Pandora’S Box: Funding Predatory Pricing Through Contemporaneous Recoupment, Shaun D. Ledgerwood, Wesley J. Heath Jan 2012

Rummaging Through The Bottom Of Pandora’S Box: Funding Predatory Pricing Through Contemporaneous Recoupment, Shaun D. Ledgerwood, Wesley J. Heath

Shaun D. Ledgerwood

Predatory pricing doctrine is currently a dead area of the law. To proceed beyond summary judgment, a plaintiff must prove the predation created a "dangerous probability" of supracompetitive pricing as the mechanism for recouping the losses “invested” in the predation. This requires proof that the predator sold products below its average variable cost and raised an entry barrier that ultimately enabled the recoupment of profits at some later time. We offer an alternative to this two-phased recoupment model. In this paper we show that a multiproduct retailer can target loss leading behavior in a market segment to punish or eliminate …


An Economic Assessment Of Patent Settlements In The Pharmaceutical Industry, Bret Dickey, Jonathan Orszag, Laura Tyson Jan 2010

An Economic Assessment Of Patent Settlements In The Pharmaceutical Industry, Bret Dickey, Jonathan Orszag, Laura Tyson

Bret Dickey

In recent years, patent settlements between branded and generic manufacturers involving “reverse payments” from branded manufacturers to generic manufacturers have received close antitrust scrutiny, driven by concerns that such settlements harm consumers by delaying the entry of lower-priced generic drugs. It appears that such settlements will be a focus of the Obama Administration’s antitrust enforcement policy. Yet there is a growing consensus among the courts that such settlements are anticompetitive only under narrow sets of circumstances. In this paper, we present an analytical framework for evaluating the competitive effects of patent settlements, including those involving reverse payments, and demonstrate that …


A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom, Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi Jan 2009

A Comparison Among The Director Networks In The Main Listed Companies In France, Germany, Italy, And The United Kingdom, Paolo Santella, Carlo Drago, Andrea Polo, Enrico Gagliardi

Paolo Santella

The purpose of this paper is to contribute to the literature on director interlocks by illustrating and analysing the interlocking directorships among the Italian, French, German, UK and US listed Blue Chips. The comparison of the five countries considered shows that two national models stand out. On the one hand a model made of a high number of companies linked to each other through a small number of shared directors who serve on several company boards at the time (France, Germany, and Italy). On the other hand, in the UK much fewer companies are connected to each other essentially through …


Luxury Markets, Antitrust, And Intellectual Property: An Introduction, Ben Kleinman-Green Oct 2008

Luxury Markets, Antitrust, And Intellectual Property: An Introduction, Ben Kleinman-Green

Ben Kleinman-Green

In this paper I look at markets for luxury goods and begin exploring the interplay among trademark law, antitrust law, luxury goods, and copies of luxuries. In the absence of empirical data and economic theories directly on point, I informally extend a model of luxury markets to account for copies of luxury goods and then look to trademark law cases for indications of how courts might evaluate luxury markets in an antitrust context.


The Italian Chamber Of Lords Sits On Listed Company Boards. An Empirical Analysis Of Italian Listed Company Boards From 1998 To 2006 - Presentation (Pdf Format), Paolo Santella, Carlo Drago, Andrea Polo Mar 2008

The Italian Chamber Of Lords Sits On Listed Company Boards. An Empirical Analysis Of Italian Listed Company Boards From 1998 To 2006 - Presentation (Pdf Format), Paolo Santella, Carlo Drago, Andrea Polo

Paolo Santella

No abstract provided.


The Italian Chamber Of Lords Sits On Listed Company Boards. An Empirical Analysis Of Italian Listed Company Boards From 1998 To 2006 - Presentation (Pdf Format), Paolo Santella, Carlo Drago, Andrea Polo Mar 2008

The Italian Chamber Of Lords Sits On Listed Company Boards. An Empirical Analysis Of Italian Listed Company Boards From 1998 To 2006 - Presentation (Pdf Format), Paolo Santella, Carlo Drago, Andrea Polo

Carlo Drago

No abstract provided.


The Italian Chamber Of Lords Sits On Listed Company Boards. An Empirical Analysis Of Italian Listed Company Boards From 1998 To 2006 - Presentation (Pdf Format), Paolo Santella, Carlo Drago, Andrea Polo Jan 2008

The Italian Chamber Of Lords Sits On Listed Company Boards. An Empirical Analysis Of Italian Listed Company Boards From 1998 To 2006 - Presentation (Pdf Format), Paolo Santella, Carlo Drago, Andrea Polo

Paolo Santella

No abstract provided.


The Italian Chamber Of Lords Sits On Listed Company Boards. An Empirical Analysis Of Italian Listed Company Boards From 1998 To 2006 - Presentation (Pdf Format), Paolo Santella, Carlo Drago, Andrea Polo Jan 2008

The Italian Chamber Of Lords Sits On Listed Company Boards. An Empirical Analysis Of Italian Listed Company Boards From 1998 To 2006 - Presentation (Pdf Format), Paolo Santella, Carlo Drago, Andrea Polo

Carlo Drago

No abstract provided.


Planes, Trains, And Inefficiencies: An Analysis Of The Proposed Delta-Northwest Airlines Merger & Its Effects On Consumers, Richard R. Bradley Jan 2008

Planes, Trains, And Inefficiencies: An Analysis Of The Proposed Delta-Northwest Airlines Merger & Its Effects On Consumers, Richard R. Bradley

Richard R Bradley

This Article explores the proposed merger between Delta and Northwest Airlines within the context of antitrust law analysis and enforcement. In fact, this Article recognizes the trend of consolidation in the airline industry and how it will likely affect consumers. Finally, this Article cobbles together the hodgepodge of regulations governing the airline industry with respect to the rights of consumers.


A Control Theory Model Of Pricing For A Firm Facing A Stochastic Environment – A Firm’S Dynamic Pricing Strategy When Faced With The Threat Of Antitrust Action, Manak Gupta, Atin Basu Choudhary May 2007

A Control Theory Model Of Pricing For A Firm Facing A Stochastic Environment – A Firm’S Dynamic Pricing Strategy When Faced With The Threat Of Antitrust Action, Manak Gupta, Atin Basu Choudhary

Atin Basu Choudhary

No abstract provided.