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In digital markets, concentrated Big Data and analytical algorithms enable undertakings to predict each consumer’s willingness to pay with increasing accuracy and offer consumers personalized recommendations and tailored prices accordingly. In this context, concerns have arisen about whether and when AI-enabled price discrimination amounts to an abuse of dominance under competition law and would require a legal response. To address these concerns, this paper will analyze AI-enabled price discrimination from a comparative law and economics perspective. In economics, price discrimination is not always undesirable as it can increase static efficiency, and, on some occasions, it can promote dynamic efficiency and boost consumer welfare. |
This article presents the legal framework of attorney-client privilege in Poland, indicating situations when an attorney is entitled or obliged to reveal information covered, in principle, by professional secrecy, as well as the consequences of an attorney’s erroneous evaluation in this regard. The author refers to provisions which require legal amendment or functional interpretation in order to guarantee respect for attorney-client privilege in legal proceedings, pointing out also controversial interpretations in court practice of what, in principle, are clear legal provisions relating to attorney duties. Finally, the poor perspective for changes in relevant field and the reasons for this are explained. |
The possibility of compensation for damage caused by an infringement of intellectual property rights and of claiming the recovery of legal costs and other expenses incurred in connection with enforcing such rights is crucial for the effectiveness of their protection. Uniform rules in this respect have been introduced by Enforcement Directive. (Directive 2004/48/EC of the European Parliament and of the Council of 29.4.2004 on the enforcement of intellectual property rights [2004] OJ L157/45 (Directive 2004/48).) The purpose of this article is to analyse to what extent the case-law of the European Court of Justice to date has made it possible to give an unambiguous answer regarding the model of implementation of Directive 2004/48 which meets the requirements of proportionality and, at... |
Within a specific institutional context and through dedicated human resources structures, the European Parliament is developing the rights and principles highlighted in the UNCRPD, in the Charter of Fundamental Rights, in the Staff Regulations and in a set of internal high-level documents in a way to change the organisational culture and build an inclusive workplace. Parliament is not only willing to abide by international conventions and EU strategic documents, but furthermore wishes to play a leading role and propose new measures that are not yet included in the applicable regulations. The article explains the different policies in this area. |
Contemporary public discourse is saturated with speech that vilifies and incites hatred or violence against vulnerable groups. The term “hate speech” has emerged in legal circles and in ordinary language to refer to these communicative acts. But legal theorists and philosophers disagree over how to define this term. This paper makes the case for, and subsequently develops, the first corpus-based analysis of the ordinary meaning of “hate speech.” We begin by demonstrating that key interpretive and moral disputes surrounding hate speech laws—in particular, surrounding their compatibility with the rule of law, democracy, and free speech—depend crucially on the ordinary meaning of “hate speech.” Next, we argue, drawing on recent developments in legal philosophy, that corpus linguistics ... |
In this article, I discuss the possibilities and limitations of restructuring laws against the background of geopolitical shocks such as the Covid-19 pandemic and the current energy crisis. I make two claims, one narrow and focused on German bankruptcy law, and one broad with a cross-jurisdictional reach. My narrow claim relates to ‘StaRUG’, the new German restructuring regime. I argue that this law is a superfluous and flawed instrument. It should be repealed. My second claim is much broader. I argue that bankruptcy laws, including restructuring laws, are generally ill-suited to deal with the economic consequences of geopolitical or macroeconomic shocks as a ‘first line of defence’. Bankruptcy laws are not designed to provide the structural assistance at scale which the businesses ... |
The war of aggression by a permanent member of the Security Council, combined with the availability of its assets on the territory of other states, creates an opportunity to solve one of international law’s enigmas: the legality of third-party countermeasures in the general interest. Would confiscating Russia’s frozen Central Bank assets and making the proceeds available to repair the war damage in Ukraine be permissible as such a countermeasure? This paper argues that state immunity cannot be relied upon to prevent the freezing or confiscation of foreign central bank assets by direct executive action; that freezing foreign state assets is permissible as a third-party countermeasure to stop a serious case of aggression; and that confiscation would not qualify as a countermeasure but... |
This paper offers some observations from a practitioner perspective on Swiss measures to support businesses during the Covid-19 pandemic, as a complement to the paper ‘Governmental measures in Switzerland against mass bankruptcies during the Covid-19 pandemic’ by Rodriguez and Ulli in this volume. A brief overview of the main fiscal and non-fiscal measures is followed by analysis of the reasons for non-use of a major non-fiscal measure (a new moratorium), and some suggestions as to the lessons that can be learned from this for the design of analogous relief policies in future crises. |
Due diligence is on the rise in international law. However, its roots and historic narrative remain heavily Eurocentric in nature. This becomes problematic in the context of states’ due diligence obligations relating to the rights of indigenous peoples. Meanwhile, due diligence can also be found in indigenous legal systems. An example is tikanga, which regulates the lives of the Māori in New Zealand. This paper attempts to investigate principles of tikanga reflecting features of a standard of care and compares this to the way due diligence is currently given meaning in international law. From this it follows that tikanga puts more emphasis on ‘relationships and balance’ than contemporary positive international law does. |
This article explores the use of open-source intelligence (OSINT) techniques as part of data-driven border checks in the EU. While the idea to group travelers into risk categories in order to differentiate the intensity of border checks has been criticized for its likely impact on privacy and other fundamental rights, the exclusive use of “open,” “public” data was proposed as an alternative that mitigates these issues. However, OSINT remains a rather vague term, as it is unclear what constitutes “open” or “public” data, how the use of such techniques would contribute to the production of security, and whether its use actually mitigates most ethical issues. The goal of this article is to contribute toward a situated answer to these questions. It will provide groundwork by clarifying ... |
