Commercial law

Commercial law

European Journal of Commercial Contract Law (EJCCL)

The essence of commercial law is in commercial transactions.
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The Relation Between Leniency and Private Enforcement

Towards an Optimum of Overall Competition Law Enforcement?

The difficulty with competition law is that so many aspects can influence its overall effectiveness. Sanctions in criminal law or the emergence of private enforcement, for example, may influence leniency policy. In turn, public enforcement, whilst protecting information, could also influence the effectiveness of antitrust damages actions.

 

The author makes a comparison with the board game “Pisa”. In this game, small figures have to be placed at different levels of the Leaning Tower of Pisa, with the aim of keeping the tower stable. When there are too many dolls on one side and not enough on the other, the balance is lost and the figures topple off the tower. Competition law enforcement is a leaning tower of Pisa. If the structure of a competition law policy is not sufficiently balanced between public and private enforcement, it will function less effectively than it could.

 

With an upcoming private enforcement it is important to strike the right balance so that claimants are able to effectively claim damages on the one hand, but cartel infringers remain interested in applying for leniency on the other. The author analyzes the chosen systems of the EU, Germany and the Netherlands and uses the US system as inspiration. The author also discusses potential solutions for diverging approaches.

Bram Braat
More information € 63,50

The Legal Position of Terminal Operators in Hinterland Networks

The legal position of the terminal operator changes by the integration of the carriage of goods between the sea port and the hinterland into his service profile. The terminal operator performs a wide variety of obligations, including loading and discharging, stacking, warehousing, measuring, weighing and carrying goods within and beyond the terminal’s premises. These obligations fall into different categories of contracts for which the law provides specific rules, i.e. a contract of carriage, a contract of deposit and a service contract. Some of these obligations might be subject to mandatory provisions derived from applicable national legal systems or uniform private law conventions. This book examines how to determine the applicable rules to the terminal operator’smixed contracts. This serves a practical purpose as one of themain differences between the applicable legal regimes is the terminal operator’s liabilities towards third parties such as cargo owners or ship owners who do not have a contractual relation with the terminal operator.

Susan Niessen
More information € 58,50

Special EJCCL: CMR

European Journal of Commercial Contract Law, Issue 2017-1/2
More information € 29,50

General Average, Legal basis and Applicable Law

The Overrated Significance of the York-Antwerp Rules
Jolien Kruit
More information € 125,00

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