The Private Enforcement Of Law
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The Private Enforcement Of Law
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Author : William M. Landes
language : en
Publisher:
Release Date : 1974
The Private Enforcement Of Law written by William M. Landes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974 with Law enforcement categories.
An important question in the economic study of enforcement is the appropriate, and the actual, division of responsibilities between public and private enforcers. This question has been brought into sharp focus recently by an article in which Gary Becker and George Stigler advocate the privatization of law enforcement. In the present article, we explore the idea that the area in which private enforcement is in fact clearly preferable to public enforcement on efficiency grounds is more restricted than Becker and Stigler believe; perhaps the existing division of enforcement between the public and private sectors approximates the optimal division. Part I develops an economic model of competitive, profit-maximizing private enforcement. The model predicts the level of enforcement and the number of offenses that would occur in a world of exclusively private enforcement. Part II refines the model to account for the presence of monopoly in the private enforcement industry, different assignments of property rights in legal claims, the effect of taxing private enforcers, nonmonetary penalties, and legal errors - elements ignored in the initial development of the model in Part I. Part III contrasts our model with other economic approaches to the enforcement question. Part IV presents a number of positive implications of the model, relating to the choice between public and private enforcement of criminal versus civil laws, the assignment of exclusive rights to the victims of offenses, the budgets of public agencies, the discretionary nonenforcement of the law, and the legal treatment of blackmail and bribery. The positive implications of the model appear to be consistent with observations of the real world, although the findings in Part IV must be regarded as highly tentative. An appendix discusses the economics of rewards - an important method of compensating private enforcers.
Public Versus Private Enforcement Of Law
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Author : Bo Li
language : en
Publisher:
Release Date : 1998
Public Versus Private Enforcement Of Law written by Bo Li and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Popular actions categories.
Private Enforcement
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Author : Stephen B. Burbank
language : en
Publisher:
Release Date : 2013
Private Enforcement written by Stephen B. Burbank and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Our aim in this Article is to advance understanding of private enforcement of statutory and administrative law in the United States and to raise questions that will be useful to those who are concerned with regulatory design in other countries. To that end, we briefly discuss aspects of American culture, history, and political institutions that reasonably can be thought to have contributed to the growth and subsequent development of private enforcement. We also set forth key elements of the general legal landscape in which decisions about private enforcement are made, aspects of which should be central to the choice of an enforcement strategy and, in the case of private enforcement, are critical to the efficacy of a private enforcement regime. We then turn to the business of institutional architecture, describing the considerations -- both in favor of and against private enforcement -- that should affect the choice of an enforcement strategy. We lay out choices to be made about elements of a private enforcement regime, attending to the general legal landscape in which the regime would operate, particularly court access, as well as how incentives for enforcement interact with the market for legal services, which has important implications for private enforcement activity. We situate these legislative choices about private enforcement in the context of institutions that shape them. Finally, we seek to demonstrate how general considerations play out by examining private enforcement in two policy areas: legislation proscribing discrimination in employment, and laws protecting consumers from unfair and deceptive practices.
Public And Private Enforcement Of Competition Law In Europe
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Author : Kai Hüschelrath
language : en
Publisher: Springer
Release Date : 2014-08-01
Public And Private Enforcement Of Competition Law In Europe written by Kai Hüschelrath and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-01 with Business & Economics categories.
Over the past fifteen years, the optimal enforcement of EU competition law has become a major concern. This book contains a unique collection of articles by lawyers and economists on current issues in the public and private enforcement of competition law. Public enforcement has been strengthened in numerous ways – for example, through the introduction of a leniency programme and a substantial increase in fines for competition law violations. At the same time the EU Commission has been promoting private enforcement – for example, by developing a legal framework that grants victims of EU antitrust law infringements access to compensation. The contributions in this book address a range of topics in the area of competition law enforcement, including the role of fines and leniency programmes in public enforcement; access to evidence and the quantification of damages in private enforcement; and the interaction between public and private enforcement of competition law in Europe.
Private Enforcement Of Antitrust Law In The United States
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Author : Albert A. Foer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
Private Enforcement Of Antitrust Law In The United States written by Albert A. Foer and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Law categories.
Private Enforcement of Antitrust Law in the United States is a comprehensive Handbook, providing a detailed, step-by-step examination of the private enforcement process, as illuminated by many of the country's leading practitioners, experts, and scholars. Written primarily from the viewpoint of the complainant, the Handbook goes well beyond a detailed cataloguing of the substantive and procedural considerations associated with individual and class action antitrust lawsuits by private individuals and businesses. It is a collection of thoughtful essays that delves deeply into practical and strategic considerations attending the decision-making of private practitioners. This eminently readable and authoritative Handbook will prove to be an invaluable resource for anyone associated with the antitrust enterprise, including both inexperienced and seasoned practitioners, law professors and students, testifying and consulting economists, and government officials involved in overlapping public/private actions and remedies.
Private Enforcement Of Eu Law Before National Courts
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Author : Folkert Wilman
language : en
Publisher: Edward Elgar Publishing
Release Date : 2015-09-25
Private Enforcement Of Eu Law Before National Courts written by Folkert Wilman and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-25 with Law categories.
Private Enforcement of EU Law before National Courts successfully illustrates how legal actions brought by private parties can be instrumental in strengthening compliance with EU law. Through a detailed examination of selected EU legislation across the fields of procurement, intellectual property rights, consumer protection, and competition law, Folkert Wilman compares various remedies and procedures in which private parties have been utilised in the redress of grievances under EU law. An essential reference work for practicing lawyers acting before domestic courts in matters of EU Law, this timely publication offers new insights into private enforcement as a supplementary enforcement instrument, and offers clarity on how such a tool impacts on contractual remedies, procedural issues and the role of judicial review.
Private Enforcement Of Competition Law In Europe
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Author : Rafael Amaro
language : en
Publisher: Bruylant
Release Date : 2021-06-10
Private Enforcement Of Competition Law In Europe written by Rafael Amaro and has been published by Bruylant this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-10 with Law categories.
This book introduces the reader to key legal provisions and case-law related to the procedural and substantive issues that may arise in damages litigation for breach of anti-competitive agreements and abuses of a dominant position prohibitions. For the past decade, academic publications have focused on the proposal for a Directive on damages actions, then the Directive 2014/104/EU of 26 November 2014 itself, and finally the transposition texts. However, this understandable interest should not lead to overlook the fact that the Directive has been applied very little until now. This is mainly due to its application ratione temporis. In addition to the fact that Member States only transposed the Directive between the end of 2016 and 2018, Article 22 of the Directive provides that the substantive rules contained in the Directive cannot be applied to infringements subsequent to the national laws transposing them, while the procedural rules of the Directive apply to proceedings commenced on or after 26 December 2014. Thus, it is prior domestic law that continues to govern the vast majority of cases before national courts in the “Pre-Directive era.” In addition, a number of issues of the utmost importance have not been addressed by the Directive, such as questions of international jurisdiction or the quantification of “interests.” For these reasons, it seemed necessary not to limit this book to commenting on the Directive, important as it is, but to go beyond it. Directed by Rafael Amaro, this book contains the contributions from leading academics, attorneys, jurists and economists in the field of the private enforcement of competition law. It is composed of thematic chapters dealing with matters such as applicable law in international litigation, limitation, quantification of damages, from both a European Union and a national perspective, as well as national chapters presenting the state of play in several European States.
Private Enforcement Of The Law
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Author : I. P. L. Pʻng
language : en
Publisher:
Release Date : 1983
Private Enforcement Of The Law written by I. P. L. Pʻng and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Actions and defenses categories.
Private Enforcement Of European Competition And State Aid Law
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Author : Ferdinand Wollenschläger
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-01-09
Private Enforcement Of European Competition And State Aid Law written by Ferdinand Wollenschläger and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-09 with Law categories.
Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.
The International Handbook On Private Enforcement Of Competition Law
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Author : Albert A. Foer
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012
The International Handbook On Private Enforcement Of Competition Law written by Albert A. Foer and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Antitrust law categories.
With the international community on the brink of an explosion of private remedies for violation of national competition laws, this timely Handbook provides state-of the-art analysis of the private enforcement of competition laws across the globe. Private enforcement of antitrust is becoming a significant component of competition policy laws worldwide; today, more than a hundred jurisdictions have adopted market regimes operating within a framework of competition law, providing a varied base for developing ways by which persons injured by anticompetitive conduct will (or will not) be able to obtain remedies. Written primarily from the perspective of the complainant, the Handbook contributes to the discussion by presenting empirical research on private remedies through unprecedented, detailed and systematic analysis of private antitrust enforcement in the US. The expert contributors - law practitioners in the US and 21 other countries - explain both the law and the realities regarding private remedies as they have experienced them. They provide useful information to law and policy makers contemplating the introduction or expansion of private enforcement and to competition advocacy NGOs, attorneys and others who may wish to support or utilize the tools of private enforcement. By way of conclusion, valuable observations are imparted and recommendations prescribed. This important Handbook will prove an invaluable reference tool for a wide-ranging audience including: international private practice lawyers, law academics and students with a special interest in competition policy, international government officials involved in legislation or regulation of private remedies in countries with competition laws, and economists consulting in competition cases.