The GULS Law Review

Getting you through the GU law degree!

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Blog posts : "Commercial"

What’s So Funny About Parody?: Reviewing the CDPA’s Latest Exception to Copyright Infringement

In this article, Jordan Rhodes (4th year LLB) traces the still relatively new exception to copyright infringement where the use of a work is for the purposes of parody. The analysis ultimately recognises that parody is an inherently vague and subjective concept, and offers a perspective from both an owner's economic copyright as well as an author's moral rights...

 

 

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Analysis of the requirements for the grant of a European Account Preservation Order

In this article, Anna Owens analyses the requirements for the grant of a European Account Preservation Order with reference to the equivalent rules in Scotland. 

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In a global market, mergers and concentrations involving foreign companies could extend the anti-competitive effects to other part of the world outside where they originate.

In a global market, mergers and concentrations involving foreign companies could extend the anti-competitive effects to other part of the world outside where they originate. To tackle these effects, competition law regimes tend to assert jurisdiction extraterritorially. America is the first country to establish the ‘effects doctrine’ to extend its jurisdiction to the concentration involving foreign companies. Similar to US, EU hold that the European Merger Regulation is applied extraterritorially when the merger is above a certain threshold. This approach could be beneficial to the interests of domestic industries and consumers as it could prevent the potential anti-competitive harm caused by the concentrations. However, it could cause legal conflicts between different regimes, and bring uncertainty to and increase financial and staff costs of foreign companies.

In the article, Zongjin Li seeks to identify the advantages and disadvantages of assertion of extraterritorial jurisdiction on merger control. A further aim of this essay is to give possible suggestions to decrease the legal conflicts between different regimes and the costs of multiple notifications. For these purposes, firstly, the legislations and legal practice of US and EU will be introduced, then the benefits and problems of extraterritorial assertion of jurisdiction on merger cases are demonstrated, and then possible suggestions are proposed. Finally, a conclusion will be given.

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The New Paradigm for Fairer Taxation of Multinational Enterprises in the European Union: Corporate Tax Avoidance and the Need for Greater Transparency

John Gillespie, 4th Year LLB, discusses the need for greater transparency regarding corporate tax avoidance and the new paradigm for fairer taxation of multinational enterprises in the European Union.

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The Extent to Which the US and the EU assert Jurisdiction over Mergers Involving ‘Foreign’ Companies

Merger control is an important element of the regulation of competition and market structures, and mergers of transnational companies are often reviewed by multiple authorities as a result of globalisation.

In this article, Patricia Einfeldt considers the extent to which the United States and the European Union assert jurisdiction ofver mergers inovling 'foreign' companies.

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Extraterritorial Jurisdiction under European Union and Chinese Merger Control Regimes

Aristi Zaimi, a Postgraduate student studying International Commercial Law, analyses the extra-territorial jurisdiction under both European Union and Chinese merger control regimes, providing a comparative outlook of the two legal systems.

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Banker/Customer Relationship

Justin Curcio discusses the duty of confidentiality in the relationship between banker and customer. This traces the root of the duty of confidentiality to the law of contract, as discussed in the landmark case of Tournier v National Provincial and Union Bank of England. The author compares the du…

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Signature Changes: The Introduction of Execution in Counterpart into Scots Contract Law

This article discusses the possible introduction of execution of counterpart into Scots law by the Legal Writings (Counterparts and Delivery) (Scotland) Bill 2014. Currently Scots contract law requires all parties to a transaction to sign the same physical document, and the provisions of the Draft…

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Hiding Behind Subsidiaries: Holding Parents Liable

Written by Douglas Kerr (Professional Diploma in Legal Practice)

 

Introduction

There is increasing concern over the power and influence of companies and their involvement in ‘wide-scale unethical and illegal activities’[1] that result in environmental and social damage to local population…

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Creating a Corporate Conscience

 

Written by Emma Flood (Professional Diploma in Legal Practice)

 

 

 

In a rapidly changing world, the law has been unable to keep pace. National laws are unable to regulate the conduct of multi-national corporations because of territorial limits, and international law fails to recognise…

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UK Financial Regulation: Change We Can Believe In?

 Written by Paul Baird (4th Year LLB)

Introduction

The enactment of the Financial Services Act 2012 (FSA 2012) abolished the Financial Services Authority (FSA) and replaced it with two new regulatory organisations: the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (P…

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Data Protection and Smart Meters


Written by Michael Grant (4th Year LLB) 

As part of European Union movements for Member States to become more environmentally conscious and aware, the UK finds itself on the brink of technological change. The Department of Energy and Climate Change announced in 2009 its intention to have smart met…

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12 blog posts