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This groundbreaking book explores the new legal and economic challenges triggered by big data, and analyses the interactions among and between intellectual property, competition law, free speech, privacy and other fundamental rights vis-à-vis big data analysis and algorithms.
With the rise of direct-democratic instruments, the relationship between popular sovereignty and the rule of law is set to become one of the defining political issues of our time. This important and timely book provides an in-depth analysis of the limits imposed on referendums and citizens’ initiatives, as well as of systems of reviewing compliance with these limits, in 11 European states.
Leniency has emerged as one of the main enforcement instruments used by competition authorities to combat cartels. Offering immunity from punishment is believed to destabilise already existing cartels and deter undertakings from entering into such arrangements. This book offers the first in-depth analysis of the scope of leniency in European Union (EU) competition law, considering three crucial ramifications – ensuring a leniency applicant can self-report with confidence, retaining the right to compensation of those who have suffered losses due to the cartel and furthering the objective of undistorted competition within the internal market. With thorough insight into the interaction betwee...
In practice and jurisprudence in European competition law, it is especially difficult to define the boundaries of patent abuse as an offence. In this thoroughly researched book, the author answers the question of when and how an application for a blocking patent can amount to an abuse of a dominant position under Article 102 TFEU. Drawing on legal literature and European Union (EU) case law, the presentation analyses a constellation of blocking patenting strategies and proposes potential remedies where abuse is involved. With detailed descriptions of the characteristics of potentially abusive and non-abusive behaviour regarding applications for blocking patents, the book provides the followi...
Although competition law and intellectual property are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's markets-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an internati...
This forward-looking book examines the concept and legal status of Decentralized Autonomous Organizations (DAOs). Based on blockchain technology, DAOs disrupt traditional thinking around corporate structure and organizational governance. This book explores the challenges posed by DAOs in both technological and legal perspectives and discuss how they are regulated across Europe and the USA.
La société anonyme joue un rôle majeur dans l'économie suisse. Il s'agit en effet de la forme de choix aussi bien pour un grand nombre de petites ou moyennes entreprises que pour les entités qui entendent coter leurs titres en bourse et pour celles qui doivent structurer un groupe comptant un nombre plus ou moins important de filiales. Dans ces différents contextes, l'atout majeur du droit de la société anonyme est probablement sa flexibilité, qui permet aux entreprises de s'adapter aux circonstances dans un monde des affaires en perpétuelle mutation. Le présent ouvrage, destiné aussi bien aux praticiens qu'aux étudiants, vise à présenter de manière claire et synthétique tou...
This volume contains contributions from the Journée de droit de l'entreprise co-organised by the Centre for Business Law of the University of Lausanne (CEDIDAC) and the Enterprise for Society Centre (E4S) – a joint venture of the University of Lausanne, IMD and EPFL –, on 25 May 2021. Contributions by Mathieu Blanc and Jean-Luc Chenaux, Isabelle Romy, Henry Peter and Aurélien Rocher, Jonathan Normand, Damiano Canapa and Aurélien Barakat, Jean-Pierre Danthine and Florence Huguard, Giulia Neri-Castracane, and Boris Nikolov provide an extended overview of the latest developments regarding the increased importance in company law of social elements such as gender equity, human rights and environmental protection.
This volume contains contributions from the Padova – Lausanne Joint Seminar on the theme Business Law and Shifting Paradigms: Global Challenges and New Strategies Towards Sustainable Businesses, jointly organized by the Dipartimento di Diritto Privato e Critica del Diritto of the University of Padua and the Center for Business Law of the University of Lausanne (CEDIDAC) on 3rd and 4th October 2024. Contributions by Carlotta Rinaldo, Manon Schläpfer and Enzo Bastian, Vincenzo Antonini, Francesco Marotta, Idris Abdelkhalek, Giulia Ballerini, Nicolò Pozzato, and Raphaël Bagi provide an extended overview of the latest developments regarding the relationship between business law and ESG concerns in matters as diverse as insolvency law, shareholder activism, stakeholder interests, competition law, andenvironmental law.