Private or Public Law Enforcement? The Case of Digital Anti-Piracy Policies with Illegal Non-Monitored Behaviors

2016 ◽  
Vol 15 (4) ◽  
Author(s):  
Eric Darmon ◽  
Thomas Le Texier
Keyword(s):  
Large Scale ◽  
Conflicts Of Interest ◽  
Public Law ◽  
Social Planner ◽  
Private Enforcement ◽  
Digital Piracy ◽  
Public And Private ◽  
The Social ◽  
Public And Private Enforcement ◽  
The Impact

AbstractShould rights be publicly or privately enforced in the case of digital piracy? The emergence of large-scale anti-piracy laws and the existence of illegal non-monitored channels raise important issues for the design of anti-piracy policies. We study the impact of these demand-side policies in two enforcement settings (namely, public and private enforcement settings) with an outside adoption option for users of an illegal non-monitored channel. Our results show that public enforcement generates higher monitoring and lower price levels, and also higher legal welfare than private enforcement. However, we identify potential conflicts of interest between the legal seller and the social planner when the efficiency of the illegal non-monitored channel is low. Introducing supply-side policies, i.e. policies targeted to suppliers of illegal content, we find that they may have unexpected impacts and can damage legal welfare. We also identify situations in which the two policies are substitutes or complements.

scholarly journals The Interaction Between Public and Private Enforcement of EU Competition Law: a Case Study of the Swedish Booking Cases

2020 ◽  
Vol 12 (21) ◽  
pp. 55-70
Author(s):  
Katharina Voss ◽  
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
Private Enforcement ◽  
Public And Private ◽  
Standard Of Proof ◽  
Eu Competition Law ◽  
Public And Private Enforcement

This article studies the private enforcement conducted in Visita v Booking from the perspective of the interaction between public and private enforcement of competition law. This case concerned the question whether the narrow MFN clauses maintained by Booking were contrary to Article 101 TFEU and could therefore be prohibited by a Swedish court. The focus of this article is placed on the assessment carried out by the Swedish courts to determine whether the MFN clauses were restrictive of competition by effect and on the standard of proof attached to the claimant in this regard. With regard to the interaction between public and private enforcement, Visita v. Booking is viewed as an illustration of the increased complexity of competition policy, in particular were novel practices are at issue

Cross-Border Funding and Microfinance Mission Drift: Evidence from Sub-Saharan Africa

2016 ◽  
Vol 17 (2) ◽  
pp. 20-40
Author(s):  
Akem Forkusam
Keyword(s):  
Sub Saharan Africa ◽  
Microfinance Institutions ◽  
Public And Private ◽  
Mission Drift ◽  
Cross Border ◽  
The Social ◽  
Sub Saharan ◽  
The Impact ◽  
Different Sources ◽  
Ssa Countries

Sub-Saharan Africa (SSA) has become the top priority for international funders and they are now increasing their cross-border funding to microfinance institutions (MFIs) in the region. This foreign funding is considered an additional source of capital for MFIs in the region who are facing difficulties in meeting the demand of the poor. However, these funds are provided by public and private funders who each have different motives. The paper examines the impact of these different sources of funding on microfinance performance and mission drift in SSA, which is the world’s poorest region. The study utilizes data from 212 MFIs in 30 SSA countries accessed over a three-year period (i.e. 2007, 2009, and 2011). The findings show that cross-border funding does not affect either the social or financial performance of MFIs when time and country effects are accounted for.

Part I Introduction, 1 Introduction

2018 ◽  
Author(s):  
Wijckmans Frank ◽  
Tuytschaever Filip
Keyword(s):  
Competition Law ◽  
Historical Background ◽  
Private Enforcement ◽  
Eu Law ◽  
Public And Private ◽  
The Public ◽  
Eu Competition Law ◽  
Before And After ◽  
Public And Private Enforcement ◽  
The Eu

This chapter explains the term ‘vertical agreements’ and what it covers. It addresses a number of general issues that are relevant to the EU competition law treatment of vertical agreements in general. It describes the implementation and the (public and private) enforcement of Article 101 TFEU before and after the entry into force of Regulation 1/2003. The chapter provides the historical background of both Regulation 330/2010 and Regulation 461/2010. In particular, it devotes specific attention to the nature and legal and practical consequences of soft EU competition law (in the form of notices, guidelines, etc) as opposed to hard EU competition law (provisions of primary and secondary EU law).

New City Domesticity and the Tenacious Second Shift

2008 ◽  
Vol 29 (4) ◽  
pp. 487-515 ◽  
Author(s):  
Jennifer A. Johnson ◽  
Megan S. Johnson
Keyword(s):  
Large Scale ◽  
Women's Labor ◽  
Public And Private ◽  
The Public ◽  
Advice Literature ◽  
Primary Responsibility ◽  
The Social ◽  
Second Shift ◽  
New City ◽  
City Structure

Research clearly shows that, in spite of large-scale social and political changes, women still bear the primary responsibility for housework. Research explaining the unequal division of domestic labor produces mixed results. The authors argue that the “new city” structure of the modern suburbs may be partially responsible for the tenacity of the second shift. The goal of the early suburban movement was to firmly embed women's labor in the private sphere of the isolated suburban home, leaving the public cities to men. The resulting suburban domesticity was marketed through advice literature and wartime propaganda as the ideal way to raise children, sustain better marriages, and fulfill a patriotic duty. With the return of women to the workforce, the iconic 1950s private suburb gave way to a reconstitution of the public and private through the colocation of work, home, and shopping. The authors argue that these new cities take for granted the labor of women and have developed to facilitate the second shift through the commercialization of convenience. The modern urban fringe is built to make the second shift as convenient as possible and in the process continues the social and economic expropriation of women's labor.

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