Common Market Law Review’s Post

'Competition on the merits', my latest article, has just come out in the Common Market Law Review. The submitted version is still available for download on ssrn here: https://lnkd.in/eXay55wS. The piece explains why the notion of competition on the merits is a source of frictions in law and policy discussions and why it needs to be construed in a manner that is consistent with the rest of the case law. Thanks very much to the editors, and those who provided comments! https://lnkd.in/d8KyR3Fw

Article on forum selection and choice of law clauses in international contracts in the United States The article “When Forum Selection Clauses Meet Choice of Law Clauses”, written by Professor Tanya Monestier, published in “American University Law Review, Volume 69, Issue 2, Article 1”, is available on the website of the American University Law Review. For more details: https://lnkd.in/eyZUFTQw #internationalcontracts #privateinternationallaw #choiceofcourt #choiceoflaw #crossborderdebtrecoveryblog

Interested in statutory interpretation? Take a gander at my now-published piece on the use of purpose in interpretation, published in the Oxford University Press' Statute Law Review: "Two Uses of Purpose in Statutory Interpretation." In the Canadian formula of interpretation, courts look at text, context, and purpose. This paper shows how Canadian courts actually frame purpose in two different ways; one of which is more compatible with our system of qualified parliamentary sovereignty. https://lnkd.in/gktfbRQH

We are pleased to announce the new contribution of our new Competition Corner´s Symposium at EU Law Live, covering the topic of "Article 102 Exclusionary Guidelines: Codification or restatement?". In his piece, Luc Peeperkorn critically assesses the European Commission's draft Article 102 Guidelines, arguing that they inadequately reflect EU case law by prioritizing the protection of competitors over competition itself. He suggests that, by introducing a two-step test and diluting the focus on consumer harm, the draft Guidelines risk undermining both the predictability and legal certainty intended to guide enforcement of Article 102. Read more at EU Law Live: https://lnkd.in/drWbUpiu #EU #law #102exclusionaryguidelines #competitionlaw #CJEU

In the event of a conflict between a special law and a general law, the special law must always prevail. You might have read this in a book or heard it from your law professors who love to fancy the Latin maxim "Lex specialis derogat legi generali," which translates to "more specific rules will prevail over more general rules." But why is that? The idea behind lex specialis is that specific laws are crafted with a sharper, more detailed understanding of the issue at hand. This makes them more precise and effective than broad, generalized laws. Jeremy Bentham explained this concept in his book "The Works of Jeremy Bentham." He put it like this: "The particular provision is established upon a nearer and more exact view of the subject than the general, of which it may be regarded as a correction."

The latest research in your area of law has been compiled in the Recent Articles and Research column: https://lnkd.in/de9ur_hR

My opinion piece on the possibility of a three-year law course after 12th has been published by the Free Press Journal! 📰 Check out the full article here https://lnkd.in/drptcSnd

Explore this new, highly relevant IEU Law Society article, written in collaboration with The Stork by following this link: https://lnkd.in/dE3qjBGk residency-and-nie-document-rundown/ 💙 Article by Klaudia Kupidura.

The idea of law itself has contributed more controversies and diversities than clarity in semantic analysis. Law, in general terms can be seen as a consistent reality because it is able to express, indicate or impose. Owing to this, what the law seems to be or should be has been attempted by various jurists and scholars. One of the attempts which has a codified definition into a theory of law is the theory of positivism. How has this theory contributed to the understanding or administration of justice? The positive theory of law is a popular school of jurisprudence and here's an article around it on LawGlobal Hub's website: https://lnkd.in/eRNAFKUB #jurisprudence #positivism #law #legaltheory #LawGlobal

The best example for interface of technology and law. When there is no express legal prohibition, it can be construed that the right exists. It is a progressive judgment relying on comparative law Jurisprudence.