Revisiting the SEC’s Memorandum of Understanding: A Fresh Look
In attempting to understand the effectiveness of the Security and Exchange Commission’s (“SEC”) Memoranda of Understanding (“MOU”), this Note proceeds in three parts. Part I examines the structure of the global marketplace and evaluates the prospects for cooperation. Part II looks at the U.S. court system’s approach to extraterritorial jurisdiction and reviews some representative MOUs. [...]
EU Competition Policy in the Financial Crisis: Extraordinary Measures
This Article reviews the framework of competition law in European Union (“UN”), specifically in relation to state aid, mergers, and cartel enforcement. In each case it considers how the European Commission’s (“Commission”) response can and has adapted existing procedures to pressing circumstances while maintaining rigidity in the application of legal principles.
Challenges for the Protection of Fundamental Rights in the EU at the Time of the Entry into Force of the Lisbon Treaty
Concomitant with the entry into force of the Lisbon Treaty on December 1, 2009, many of the alleged weaknesses of the mechanisms of protection of fundamental rights are in the process of being addressed: the Charter of the Fundamental Rights of the European Union (“Charter”) has acquired binding force, the European Union is due to [...]
Controlling Dominance in European Markets
The theme of this Article addresses an area of European Union (“EU”) law that has witnessed dramatic continuing complex questions for regulation: the role of law in the evolving processes of controlling dominance through competition laws in the liberalized markets of Europe. These markets offer new challenges for competition law, especially where new business platforms [...]
Assessing the European Market for Legal Services: Developments in the Free Movement of Lawyers in the European Union
This Article focuses on recent developments in European multi-jurisdictional practice rights that have major implications for the control of entry to the legal professions and some of the related deontological rules that govern access to professional legal life across the European Union (“EU”) and the European Economic Area (“EEA”). Additionally, it looks at their impact [...]
Free Movement of Goods and Their Use — What Is the Use of It?
Shortly before the disappearance of the European Community, the European Court of Justice (“ECJ”) handed down three judgments on the free movement of goods relating to the use to which goods are put. They are remarkable because they put an end to a serious controversy about the scope of what is now article 34 of [...]