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Full-Text Articles in Legal Remedies

Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos Sep 2011

Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos

Michael Diathesopoulos

In this paper we will examine the issue of ownership unbundling and forced divestiture remedies imposed in a series of recent competition law cases of the energy market - examined in other papers - in relation to the possible existence of a series of legal obstacles. These energy market decisions belong to a group of antitrust cases in which a structural divestiture remedy has been imposed under the provisions of Article 9 of Regulation 1/2003. This divestiture refers to transmission networks and to generation capacity and is meant to lead to severe structural changes, which are compatible with the findings …


Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos Apr 2011

Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos

Michael Diathesopoulos

The aim of this research is to provide the basic parameters for a model for the definition of the relation between the general competition and sector specific frameworks and rules regarding the regulation of the Internal Energy Market, especially after the Third Energy Package. The research considers the recent sector specific framework in relation to a series of recent competition law cases of the Energy Market where structural remedies were applied under the commitments procedure. Essential facilities doctrine and generally competition law tools do not seem to provide a suitable framework for effectively addressing the dynamic competition concept, treating the …


El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva Feb 2011

El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.


D Is For Digitize: An Introduction, James Grimmelmann Jan 2011

D Is For Digitize: An Introduction, James Grimmelmann

NYLS Law Review

No abstract provided.


Orphan Works And The Google Book Search Settlement: An International Perspective, Bernard Lang Jan 2011

Orphan Works And The Google Book Search Settlement: An International Perspective, Bernard Lang

NYLS Law Review

No abstract provided.


Continued Doj Oversight Of The Google Book Search Settlement: Defending Our Public Values And Protecting Competition, Christopher A. Suarez Jan 2011

Continued Doj Oversight Of The Google Book Search Settlement: Defending Our Public Values And Protecting Competition, Christopher A. Suarez

NYLS Law Review

No abstract provided.


H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union, Katharina De La Durantaye Jan 2011

H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union, Katharina De La Durantaye

NYLS Law Review

No abstract provided.


Bayer Schering Pharma Ag V. Barr Laboratories, Inc., Joshua Zarabi Jan 2011

Bayer Schering Pharma Ag V. Barr Laboratories, Inc., Joshua Zarabi

NYLS Law Review

No abstract provided.


"Hot News": The Enduring Myth Of Property In News, Shyamkrishna Balganesh Jan 2011

"Hot News": The Enduring Myth Of Property In News, Shyamkrishna Balganesh

All Faculty Scholarship

No abstract provided.


The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag Jan 2011

The Google Book Settlement And The Fair Use Counterfactual, Matthew Sag

NYLS Law Review

No abstract provided.


Fulfilling The Copyright Social Justice Promise: Digitizing Textual Information, Lateef Mtima, Steven D. Jamar Jan 2011

Fulfilling The Copyright Social Justice Promise: Digitizing Textual Information, Lateef Mtima, Steven D. Jamar

NYLS Law Review

No abstract provided.


The Why In Diy Book Scanning, Daniel Reetz Jan 2011

The Why In Diy Book Scanning, Daniel Reetz

NYLS Law Review

No abstract provided.


Software Wars: The Patent Menace, Andrew Nieh Jan 2011

Software Wars: The Patent Menace, Andrew Nieh

NYLS Law Review

No abstract provided.


Notice And Patent Remedies, Herbert J. Hovenkamp Jan 2011

Notice And Patent Remedies, Herbert J. Hovenkamp

All Faculty Scholarship

In private enforcement systems such as the one for patents, remedies perform the “public” function of determining the optimal amount of protection and deterrence. If every patent were properly granted and had just the right scope to incentivize innovation, then strict enforcement and harsh penalties for infringement would be a good idea. But in a world where too many patents are granted, their boundaries are often ambiguous and scope excessive, things are not so simple. The expected likelihood and magnitude of the penalty determines the number of infringement suits and the litigation resources that will be poured into them. As …