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  • AE Ezrachi and (co-authored by a group of contributors) , Stigler Committee on Digital Platforms (Chicago University 2019)
    Subcommittee on Market Structure and Antitrust This working group came together to address specific problems arising from the digital platforms’ reach, scale, scope, and use of data. We were asked to examine concerns stemming from the market structure contemporary platforms have created, and to investigate their competitive behavior, including the consequences of network effects that can create barriers to entry for new innovators and entrench incumbents. The global nature of many of today’s platforms, a result of their scale, scope, and business models, creates novel complexities and considerations, particularly a concern that the digital platform may be a unique combination of economic forces that require both new analysis and new public policy. Regulatory authorities throughout the world are now turning their attention to these same questions. This report contributes to this international analytical project by providing some of the necessary frameworks and inputs. We intend it to be a complement to other recent work, as experts across the world wrestle with how to ensure that markets remain open and healthy, allowing beneficial technological and social advancements to continue. Many of our conclusions and suggestions echo the findings of reports that have come out in the past year, and we hope they will be helpful to those reports not yet released. The list of antitrust experts and agencies working on this problem includes Australia, the United Kingdom, Germany, the European Commission, France, Israel, and Japan
  • P P Craig, 'Taxonomy and Public Law: A Response ' (2019) Public Law 281
  • P Davies, S Emmenegger, E Ferran and G Ferrarini and others, 'The Commission's 2018 Proposal on Cross-Border Mobility - An Assessment' (2019) 16 European Company and Financial Law Review 196
    Also available as Oxford Legal Studies Research Paper 25/2018 (available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3257846#)
    Currently, the Council of the European Union is negotiating the European Commission’s recent proposal on cross-border mobility. This paper provides an overall assessment based on the proposal’s central pillars: freedom of establishment and protection of the interests of creditors, shareholders, and employees. The proposed directive meets a real necessity for regulation on a European level and pursues an ambitious agenda. While the general approach is excellent, there is room for improvement on some issues of importance
    ISBN: 1613-2548
  • P P Craig, 'The EU, Democracy and Institutional Structure: Past, Present and Future' in A Bakardjieva Engelbrekt and X Groussot (eds), The Future of Europe, Political and Legal Integration Beyond Brexit (Hart Publishing 2019)
  • P P Craig, 'The EU, Democracy and Institutional Structure: Past, Present and Future ' in W Heusel and J-P Rageade (eds), The Authority of EU Law, Do we Still Believe in It? (Springer 2019)
  • P P Craig, 'The EU, Democracy and Institutional Structure: Past, Present and Future ' in W Heusel and J-P Rageade (eds), The Authority of EU Law, Do we Still Believe in It (Springer 2019)
  • L Enriques and T Tröger, 'The Law and (Some) Finance of Related Party Transactions' in L Enriques and T Tröger (eds), The Law and Finance of Related Party Transactions (Cambridge University Press 2019)
    DOI: https://doi.org/10.1017/9781108554442
    This paper is the introductory chapter of Luca Enriques and Tobias Tröger (eds.), The Law and Finance of Related Party Transactions (Cambridge University Press: forthcoming). Its goal is to sketch out the individual chapters’ contributions to the scholarly and policy debates on the adequate regulation of related party transactions (RPTs). For that purpose, we scope the issue by highlighting the principal costs and benefits of shareholder control, which allows both the implementation of entrepreneurial vision and various forms of rent-seeking. We next proceed by putting the challenges of regulating RPTs into the broader context of conflicts of interest and tunneling techniques. Against this background, we then turn to the main regulatory options available for legislators (independent/disinterested director approval, majority of the minority approval, ex post fairness review, and involvement of supervisory agencies), highlighting some of the key insights on each of them from individual chapters. Finally, we show how the chapters in the book can also inform European legislators who are currently in the process of implementing the revised Shareholder Rights Directive rules on RPTs.
  • P Yowell, 'The negative legislator: On Kelsen’s idea of a constitutional court' in M Belov (ed), Courts, Politics and Constitutional Law: Judicialization of Politics and Politicization of the Judiciary (Routledge 2019)
  • N. W. Barber, 'The Point of the State and the Point of Public Law' in E. Fisher, J. King, and A. L. Young (eds), The Fundamentals and Future of Public Law (Oxford University Press 2019)
  • N. W. Barber, 'The Two Europes' in N. W. Barber, M. Cahill, and R. Ekins (eds), The Rise and Fall of the European Constitution (Hart Publishing 2019)
  • P P Craig, 'Transnational Constitution-Making: The Contribution of the Venice Commission on Law and Democracy ' in G Shaffer, T Ginsburg and T Halliday (eds), Constitution-Making and Transnational Legal Order (Cambridge University Press 2019)
  • P P Craig, 'Treaty Amendment, the Draft Constitution and European Integration ' in N Barber, M Cahil and R Ekins (eds), The Rise and Fall of the European Constitution (Hart 2019)
  • A Briggs, 'What do you mean, 'non-exclusive' ?' (2019) Lloyd's Maritime & Commercial Law Quarterly 329 [Case Note]
    Comment on and analysis of issues raised by the decision in Shanghai Turbo v Liu.
    ISBN: 0306 2945
  • J Adams-Prassl, Humans as a Service: The Promise and Perils of Work in the Gig Economy (OUP 2018)
    WHAT IF YOUR BOSS WAS AN ALGORITHM? The gig economy promises to revolutionise work as we know it, offering flexibility and independence instead of 9-to-5 drudgery. The potential benefits are enormous: consumers enjoy the convenience and affordability of on-demand work while micro-entrepreneurs turn to online platforms in search of their next gig, task, or ride. IS THIS THE FUTURE OF WORK? This book offers an engaging account of work in the gig economy across the world. Competing narratives abound: on-demand gigs offer entrepreneurial flexibility - or precarious work, strictly controlled by user ratings and algorithmic surveillance. Platforms' sophisticated technology is the product of disruptive innovation - whilst the underlying business model has existed for centuries. HOW CAN WE PROTECT CONSUMERS & WORKERS WITHOUT STIFLING INNOVATION? As courts and governments around the world begin to grapple with the gig economy, Humans as a Service explores the challenges of on-demand work, and explains how we can ensure decent working conditions, protect consumers, and foster innovation. Employment law plays a central role in levelling the playing field: gigs, tasks, and rides are work â and should be regulated as such.
    ISBN: 9780198797012
  • S Enchelmaier, 'Exit from Brexit: would quitter’s remorse count under Article 50 TEU? ' (2018) Butterworths Journal of International Banking and Financial Law 278
  • J Rowbottom, Media Law (Hart 2018)
    ISBN: 9781782256663

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