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Vol 22 No 11 Nov/Dec 2017

Book of the Month

Cover of The Law of Contract Damages

The Law of Contract Damages

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Securing Compliance: A Principled Approach

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Karen YeungFellow in Law and University Lecturer in Law, Oxford University

ISBN13: 9781841133775
ISBN: 1841133779
Published: February 2004
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00



Despatched in 6 to 8 days.

Bargaining, negotiation and civil penalty sanctions together constitute central techniques used by regulators in securing compliance with the law. This book is an exploration of these practices, constructing a principled framework for evaluating their legitimacy and thereby drawing into sharper focus the importance of the constitutional principles in regulatory compliance.

Although Australian competition law provides the focal point of the book, its analysis and critique is equally applicable to other competition law regimes and to other areas of business regulation. While there are numerous empirical studies of regulatory enforcement, this book introduces a normative dimension to the debate by seeking to identify whether there are certain principled and ethical limits that inform and circumscribe the limits of legitimate enforcement practice. It is likely to be of interest to scholars in the fields of public law, criminology, economics, and regulation, and may also be of considerable assistance to legal practitioners in providing a principled, legal foundation from which to draw in their dealings with regulators.

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Subjects:
Competition Law
Contents:
Part I
1.Introduction
2.Competition Law and Policy
3.Analysing Regulatory Implementation: A Principled Framework

Part II
4.Quantifying Competition Law Penalties
5.Negotiated Penalty Settlements
6. Regulatory Bargaining and Administrative Settlements
7. Administrative Undertakings in Australian Competition Law Enforcement

Part III
8. Conclusion