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Enforcing Consumer and Capital Markets Law: The Diesel Emissions Scandal is an international and intradisciplinary work. On the example of one topical and global collective damage event with far reaching consequences for both consumers and investors, this work critically analyses the various approaches of public and private law enforcement and their effectiveness across several jurisdictions, namely those of Austria, Denmark, France, Germany, England and Wales, Italy, Lithuania, the Netherlands, Portugal, Australia, Brazil, China and the United States of America. Based on decided and pending cases, the book demonstrates to what extent public authorities, but also private claimants, can take effective steps against the violation of their rights in their respective jurisdictions. The following is examined: law enforcement by public institutions, law enforcement by private parties and overlaps as well as hybrids and connections between both areas. A particular focus is given to collective redress, that is representative actions and model case proceedings. Comments from renowned practitioners sharing their experiences are included throughout the book. Separate concluding comparative chapters have two different aims: A comparative analysis of the legal solutions with a supranational European Union level focus provides invaluable insights into best practices and effectiveness. In addition, an intradisciplinary comparison assesses and evaluates the effectiveness of consumer law vs capital markets law mechanisms. Furthermore mechanisms of competition law and company law are taken into account.
Comparative law --- Economic law --- economisch recht --- Marchés --- Consommateurs --- Recours collectifs (droit) --- Automobiles --- Droit comparé. --- Markets --- Consumer protection --- Class actions (civil procedure). --- Comparative law. --- Droit --- Protection --- Droit. --- Dispositifs antipollution. --- Law and legislation. --- Law and legislation) --- Pollution control devices. --- Class actions (Civil procedure) --- Marchés (Économie politique) --- Recours collectifs (Procédure civile) --- Products liability --- Responsabilité du fait des produits --- Droit comparé --- Dispositifs antipollution --- Defects --- Law and legislation --- Défauts --- Fuel consumption --- Standards --- Carburants --- Consommation --- Normes --- Law enforcement --- Lois --- Capital market --- Marché financier --- Application --- Financial services industry --- Services, Financial --- Service industries --- Marchés --- Droit comparé.
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In the debate on the enforcement of competition law, many take the view that Europe should avoid the traps US law has fallen into by admitting excessive litigation. European law should not pave the way for judicial proceedings which ultimately serve the interests of lawyers or other agents rather than injured parties. This inquiry describes the state of remedies in competition law in fifteen European countries, analyses the underlying determinants, and proposes ways of improving the enforcement of competition law. The International and European legal frameworks are presented, as is the approach of US-American law. It is argued that efforts to strengthen private enforcement of antitrust law should benefit from the rich European experience in unfair competition law. The divergence between the two fields of law is not so huge that a completely different treatment is justified. Thus, a specifically European way of competition law enforcement could be developed.
Antitrust law --- Competition, Unfair --- Competition --- Competition law --- Fair trade --- Unfair competition --- Unfair trade practices --- Commercial crimes --- Commercial law --- Industrial property --- Torts --- Advertising laws --- Anti-trust law --- Trusts, Industrial --- Trade regulation --- Law and legislation --- Law --- General and Others
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