EU Competition Law: Changes, Modernization, and Enforcement
The Change to the Enforcement Regime
Regulation 1/200 is the essential piece for the modernized enforcement regime, as it introduced fundamental changes to the way in which articles 101 and 102 TFUE are enforced.
The previous implementing legislation, Regulation 17, conferred the central role in the application and enforcement of the EC competition law upon the Commission and the role of the NCAs and national courts was peripheral.
Regulation 1/2003 decentralized application and enforcement and gave
Read MoreConcept of education
Introduction
Assignment 1: Introduction Inventing Tort Law
- Introduction to Torts
- Tort law is the law about Certain types of wrong people do each other
- Covers every other kind of Civil wrongdoing not otherwise granted by government statutes regulations
- Tort law is a system for Allocating the risks of non-criminal harm that arise in everyday life
- Remains Common Law
- Restatements of Torts Published, The Restatements are NOT the law
- Example of No smoking within 25 feet
- Development of “case method” By HLS
Legal Aspects of Company Formation and Governance
Subjective requirements of patentability
Shall be patentable every invention subceptible of industrial application maybe new and involved in an inventive step. Inventions are considered new if they don’t form part of the state of art (Estado de la técnica)
Which obligations have the patent owner?
The patent owner is required to exploit the patent invention, either by herself or through a person authorized by her. We introduce this reference as the LP (ley de patentes) acknowledges the existence of
Read MoreEvolution of Local Governance in India
Why was the rural administration called panchayat?
The term ‘panchayat’ comes from the Sanskrit words ‘panch’ (meaning five) and ‘ayat’ (meaning assembly). It refers to a local self-governing body that involves five members or representatives. The rural administration was referred to as ‘panchayat’ because it represented a system where decisions and governance matters in a village or rural area were collectively managed by a council of five members or elders, focusing on community-based decision-
Read MoreUS FCPA: Understanding the Foreign Corrupt Practices Act
US FCPA
La Ley de Prácticas Corruptas en el Extranjero de 1977 es una ley federal de los Estados Unidos que prohíbe a los ciudadanos y entidades estadounidenses sobornar a funcionarios de gobiernos extranjeros para beneficiar sus intereses comerciales. Enacted to stop bribery of foreign officials & to restore public confidence in integrity of US business system
FCPA exceptions:
1) Reasonable and bona-fide expenditures: A payment that is directly related to demonstration, explanation, or promotion
Read MoreConcepts of Criminal Procedure
| Art 8 (privacy) | Art 5(3) (detention) | Art 6 (lawyer/imp compul) | Art 6 (non-incrim) | Art 6(1) & 3(d) (absent witness) | Art 3 violate art 6 (evidence) | Art 8 violate art 6 (evidence) |
|---|---|---|---|---|---|---|
– interference by the state? – reasonable expectation of privacy (Buck) | – reasonable suspicion | – right to lawyer triggered? (Beuze 124, Salduz 54) -right tampered with ? | Will dependent or independent evidence? (Van Weerelt 55) | -was there a good reason? (Al-Khawaja 120-125) | measure fall within the scope of art. 3 ECHR? (Jalloh (§§67- |