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Updated: July 9, 2012 (Initial publication: July 1, 2012)

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On 19 June 2012, the European Parliament loosened the project designed by the European Commission on credit rating agencies.

On June 19, 2012, the European Parliament adopted an extensively modified version of the draft text prepared by the European Commission on credit rating agencies. It does not address the issue of the concentration of the rating market, believing that this is a matter of competition and not of regulation. It reduces the scope of the rotation rule in three years and only for structured products. It requires agencies to issue a schedule of two or three dates in the year where they can change their sovereign debt notes. Next to these devices of ex ante regulation, Parliament adopts an ex post system, civil liability of agencies, in which it will be for them to demonstrate to investors that they have complied with the rules in force.

Updated: July 9, 2012 (Initial publication: June 29, 2012)

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By judgment of 29 June 2012, the Court of first instance of the European Union confirms the obligation of interoperability burden on Microsoft.

In the field of the competition law, due to the lack of ex-ante regulation device, the European Commission sued Microsoft for abuse of dominant position, in that the company refused to disclose to its competitors certain information on interoperability and to allow the use for the development of competing products. The decision of sanction of the Commission of 24 March 2004 had established the abuse of dominant position by such behaviour and had chosen as a sanction the appointment of an independent trustee that can access the source code and ensure access to competitors. The Commission, by decision of 12 July 2006, accompanied the operative part of the decision by a penalty payment. The Court of first instance of the European Union, seized by Microsoft for annulment, confirms the operative part of the decision, especially in view of the innovation criterion, but decreases the amount of the penalty payment.

Updated: July 9, 2012 (Initial publication: July 3, 2012)

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On 18 June 2012, the French Senate published an information report on the operation, the methodology and the credibility of the rating agencies.

After an assessment critical rating agencies, on their role in the crisis, on the concentrated nature of the market of the notation, the report published on 18 June 2012 by the French Senate proposes a series of action to "detoxify" the system. It indicates with the same voluntarism that there is no fatality, it proposes that central banks resumed their role more firmly, that the States publish a call for tenders to encourage the emergence of a new European private actor to which the methodology will be imposed, we diversified the notes, we disciplined " ex-post" agencies by the game of responsibility, that we loosened the power of the agencies on the democratic entities, including States, that can prevent conflicts of interest.

Updated: July 5, 2012 (Initial publication: June 26, 2012)

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The "Autorité de régulation des communications électroniques et des postes" - ARCEP (French telecommunications and postal regulator) required Internet operators to regularly provide information. AT & T and Verizon announced the June 21, 2012 that they challenged the decision of the regulator before the "Conseil d’Etat" (French Council of State).

The "Autorité de régulation des communications électroniques et des postes - ARCEP" (French telecommunications and postal regulator) required that all Internet operators, French or foreigners, from the moment that they operate on the French territory, to provide it, by return of questionnaire, a series of information, every 6 months, on their wholesale trafficking on the Internet, theirs tariff policies, their locations of interconnections, etc. AT & T and Verizon have said on June 21, 2012 that they challenged the decision before the "Conseil d’Etat" (French Council of State).

Updated: July 2, 2012 (Initial publication: June 22, 2012)

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By judgment of 21 June 2012, the US Supreme Court has validated the cancellation by the judge of sanctions pronounced by the Federal Communications Commission against chains of television for obscenities.

In the United States, the Federal Communications Commission had sanctioned for "indecency" two non-cabled television channels ABC and Fox, to have shown a woman entering back in the shower and let a singer say a rude word in a live broadcast. On appeal, the sanction was set aside by the federal judge. The regulator applies to the Supreme Court of the United States, which declared the case admissible and proceeds with the case, in a judgment of June 21, 2012. It dismisses the appeal of the regulator.It considers indeed that the regulator cannot punish channels in application of too-vague criteria of "indecency", as chains should know to what they expose themselves to the point where they act; otherwise punishment is contrary to the Constitution. This is a transposition of the legality of offences and penalties. The Court prefers to put the analysis on this field, repressive, and not the addressed by it, of the freedom of expression.

Updated: July 2, 2012 (Initial publication: June 23, 2012)

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On 20 June 2021, on the occasion of the event organized by the "Confederadion Empresarios del Juego - COFAR" (the Spanish Confederation of the Game), most of the national regulators of the online games in Europe pointed out the difficulties caused by national differences of regulation.

The "Confederadion Empresarios del Juego COFAR" (the Spanish Confederation of the Game) have organized a symposium on 20 June in Barcelona, in which European regulators expressed including the France, the Spain, the Italy and the Portugal. The chairmen of the national regulatory authorities first emphasized their concern for common standards to a European market of a market of online games, including in what could become a domain identified name to refer to European players. In addition, the conference showed their desire for a stronger opening of a European market of online games. This fact also achieved through domain names.

Updated: July 2, 2012 (Initial publication: June 24, 2012)

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The company "Aéroports De Paris " (ADP- Paris Airport) submitted to the market its new "contract of regulation"

Usually the companies in charge of a public service established with the State of the "plan contract". In application of the "Code de l'aviation civile (Civil Aviation Code), the private company "Aéroports De Paris - ADP" (Paris Airports) establishes a "contract of regulation". This one develops "contracts of economic regulation". They must generate visibility for the company and for the customers, set ceilings for the royalty, set quality objectives, respect the just remuneration of invested capital. The new "regulation agreement" concluded between the French State and "Aéroports De Paris - ADP" (Paris Airports) covers the 2011-2015 period, presented as a period of transition towards the profitability of capital. This contract was signed in July 2010. The contract was presented to investors June 27, 2012 in its implementation, "Aéroports De Paris - ADP (Paris Airports) progressing in its profitability.

Updated: July 2, 2012 (Initial publication: June 25, 2012)

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On 25 June, 2102, The European Securities and Markets Authority (ESMA) published a project to regulate financial derivatives

On June 25, 2012, ESMA has published a draft text to regulate the market for over-the-counter derivatives, providing this text for consultation until September. It is of course ironic "regulating" a system of "over the counter", which consisting an oxymoron: a "over the counter regulated". This is why the European Securities and Markets Authority (ESMA) in a roundabout way. Firstly, its project aims at to bring transparency in the system, which it says that the dysfunction is related to the market is held primarily by bilateral relations between banks. Secondly, it envisages a system of warranties, failure of consideration, brings financial and banking regulation. Thirdly, it aims to better supervise the clearing houses, their status of which would be a "crucial operator" is better recognized.

Updated: June 26, 2012 (Initial publication: June 19, 2012)

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In the United States, the judgment of 6 June 2012 considered that Google was free to use Java to build its own computer system, because the first were not patentable.

In the United States, a trial opposes Oracle, applicant, Google, defendant. Indeed, Google has developed its computer system Android from elements of Java. Oracle holds a series of patents on Java and considers that, in doing so; Google infringed it's right to intellectual property. The financial stake of the trial is considerable. The issue of principle also, since it is a question of whether mathematical algorithm of departure was patentable, or at the very least protected by copyright law. Third rank of attack, as presented to the jury, Oracle argued that, even if one were to consider that it was not "owner", Google infringed the general rule of "fair use", leading to the beginning of the general field of the responsibility. In the first instance, the judgment of 9 June 2012 dismissed all, believing that technique debated was not quite original but a technique allowing two computer languages pre-existing dialogue, which is not copyrightable, and that a third party may use. This case is exemplary of the innovation place, as the case law to be inserted into the markets and industries. Oracle will appeal.

Updated: June 25, 2012 (Initial publication: June 15, 2012)

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In Morocco, the Bill creating the "Autorité de Contrôle des Assurances et de la Prévoyance Sociale - ACAPS" (Supervisory Authority of Insurance and Social Welfare) was submitted to the Council of Ministers.

In Morocco, after months of adjustments to bring together stakeholders, a draft law has been prepared and introduced in the Council of Ministers the end of May 2012. The Département des assurances du ministère (Insurance Department) will then give way to an independent regulator, the Autorité de Contrôle des Assurances et de la Prévoyance Sociale - ACAPS (Supervisory Authority of Insurance and Social Welfare). Independent of the Executive, the regulator is financed by a tax on insurers and the administrative fines which it imposes. It is composed of two bodies. The first determines the general policy of the Authority, fixes the financial contribution due from insurers, approves staff plan, grants licences to insurers. The second, sets up by the President, draws up the annual budget, and adopts the agenda of the meetings and the decisions of sanctions. The Board of discipline certainly presided by a magistrate of the Cour de cassation (Civil Supreme Court), only provides an advisory opinion to the President of the Authority on proposed sanctions.

Updated: June 25, 2012 (Initial publication: June 16, 2012)

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The International Organization of Securities Commissions - IOSCO published a report on 12 June to regulate oil markets.

The real economy is entirely financiarized, it is the same for the oil economy. This is why the G20 has asked to the "Organisation internationale des commissions de valeurs" - OICV (International Organization of Securities Commissions) to reflect back on how oil markets could be regulated, what they are currently not, because the market remains an over-the-counter market. Financial regulators, in a report published on June 12, 2012, suggest that at least the information be controlled, fluctuations in the price of a barrel are reviewed and the functions of "the information agencies," should be inspected, but also the role of traders that communicate them information. Regulation, so shy it is, starts with information. On the matter of oil, transparency is not expected and geopolitics often excludes it.

Updated: June 25, 2012 (Initial publication: June 21, 2012)

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An agreement was reached on 12 June 2012, between the Turkey and the Niger for the development of telecommunications in that country.

First of all, the Turkey and Niger signed June 12, 2012 a cooperation agreement for the development of telecommunications in Niger. It includes a program of cooperation between the two national authorities of regulation and provision of expertise on the part of the Turkish authority to the authority of the Niger. Secondly, it provides a system of training, so that operators entering the telephone and Internet market. Thirdly, the Turkey provides financial assistance to Niger that infrastructures are built, required for the deployment of a national telecommunications market.

Updated: June 25, 2012 (Initial publication: June 20, 2012)

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The Internet Corporation for Assigned Names and Numbers- ICANN revealed on June 13, 2012, the list of the first applications for generic Top - Level Domain.

The Internet Corporation for Assigned Names and Numbers - ICANN, private regulator of Internet domain names, had a few months ago, embowed its depleted alphabet to letters with accents to closer to natural language domain names. A jump is crossed. On 13 June, 2012, the ICANN has published the list of the first private applications for the allocation of new generic extensions, does not corresponding to countries (.fr for France) or a typology (edu for Education), but to specific entities, including institutions or companies. The filing cost $ 185,000. 1930 claims have already been filed. Thus, some of the names are closely contested: for example "app", which evokes both "apple" and "application", was immediately requested by several companies.

Updated: June 20, 2012 (Initial publication: June 14, 2012)

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On 6 June 2012, European Commission has authorized by exemption from the prohibition of State aids, the increase of the scope of the State guaranty to Dexia Bank. Its authorization has effect until September 30, 2012, date on which the Commission will examine the banking resolution plan also submitted.

On 6 June 2012, the European Commission has extended the authorization given to France, Belgium and Luxembourg to bring their State guaranty to Dexia Bank SA and DLC. Further, the Commission agreed to raise the ceiling of the guaranty, joint but non several, of EUR 15 billion which brings the ceiling allowed to EUR 55 billion. But the permission is only until September 30. This might coincide with the time where the Commission will take a position on the plan of "orderly resolution" of this systemic bank. It justifies its flexibility itself in its exemption from the prohibition of State aids, by the fact that it is a systemic bank and that a resolution plan will be submitted soon, but it raises in advance competition problems.This justifies all the more draft texts on the mechanisms which must be specific to the systemic failing financial institutions.

Updated: June 19, 2012 (Initial publication: June 6, 2012)

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In France, the" Autorité de la Concurrence - ADLC " (French Competition Authority), by a notice on May 15, 2012, believes that the statistics published on the sales made by the warehousekeepers of petroleum products would be eligible if the geographical area was national, the retail can remain operator by operator, because it makes the downstream market more transparent.

In France, The "Autorité de la Concurrence" -ADLC (French Competition Authority) may deliver opinions. An association of importers of petroleum products asked it his opinion on statistics of sales made by each warehouse of petroleum products on each area of the national territory, published monthly. By notice on May 15, 2012, the Authority replied that such statistics on each operator are welcome because they generate transparency on the retail market, although it should be that statistics cover all of the territory and are published every six months or annually.

Updated: June 19, 2012 (Initial publication: June 12, 2012)

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On 7 June 2012, Michel Barnier, Member of the European Commission, responsible for Internal Market and Services, gave a speech about Financial regulation, fiscal consolidation, governance and growth

On 7 June 2012, in Copenhague, at the Institute of International Finance (IIF) analysed the impact of the new regulatory regime on banks, credit and systemic risk and the new challenges facing Europe. He took act that Zero growth is expected, european unemployemt is at 10%, many firms have difficulties to finance new projects and spending for innovation is down. I said that European leaders need to do more, even if they have already done much. They are obtaining a new fiscal compact, which requires very strict rules on government deficits and agreed on a close coordination of our national economic policies, notably though the "European semester" including a collective right to review the annual budget of each Member State before it is finalised. But to restore the citizens’ trust, Regulation must be developped.

Updated: June 19, 2012 (Initial publication: June 11, 2012)

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Release Work : International Handbook on Regulating Nanotechnologies

Complete reference : HODGE, Graeme A, BOWMAN, Diana M., MAYNARD, Andrew D. (eds), International Handbook on Regulating Nanotechnologies, Elgar Publishing, 2010, 640 p.

Updated: June 18, 2012 (Initial publication: June 10, 2012)

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The European Commission launched the 1st June 2012 a consultation on the implementation of the European rules on State aid on public financing of broadband networks.

Guidelines are already emerging to what extents the financial supports provide by Member States to broadband networks are compatible with the principle of prohibition of State aid. The open public consultation launched the 1st June until September 3, is part of the more general approach of the Commission to change its guidelines for State aid and in the "digital strategy" of the European Union. It asked to those who respond to the consultation to have the concern to conceive aids to remedy market failures, to encourage investment and to introduce new players. By these signs, we measure it is a regulatory approach.

Updated: June 18, 2012 (Initial publication: June 9, 2012)

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In Luxembourg, the Cyber Security Board decided on 4 June 2012 to centralize reports of incidents made by citizens to convey them to access providers, is legally mandated to ensure cyber security of networks

In Luxembourg, a regulator is especially in charge of "cybersecurity". The Cyber Security Board, created by the Act of February 27, 2011, on networks and electronic communications services has been implemented in July 2011. It is chaired by the Ministry of communication and media. On June 4, 2012, this regulator met on 4 June 2012. Based on the law that requires access providers to prevent and manage risks to ensure cyber security, the regulator decided to create a single window to centralize information on the cyber security incidents, information transmitted by the citizens, the regulator then transferring this information to companies for them to take adequate measures to fight the risk against security.

Updated: June 14, 2012 (Initial publication: June 17, 2012)

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Release Work : Explaining Compliance. Business Responses to Regulation

Complete reference :Christine Parker , Vibeke L. Nielsen (eds), Explaining Compliance. Business Responses to Regulation, Elgard Publishing, UK, 2011, 400 p.

Updated: June 12, 2012 (Initial publication: June 5, 2012)

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The China Banking Regulatory Commission (CRBC) had set a deadline of the end of May 2012 a completion of self-assessment by five Chinese banks of State for bad debt.

A Chinese economic newspaper revealed, by an anonymous source, that the Chinese banking regulator, ordered end of 2011, five first Chinese financial institutions to proceed in the determination and the quality of loans granted, so they rank their bad debt. The control by the regulator through the self-assessment will be made from end of May 2012.

Updated: June 11, 2012 (Initial publication: June 4, 2012)

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The European Medicine Agency (Agence européenne du Médicament - EMA) offers since May 31, 2012 a website identifying side effects of drugs allowed on European Union markets, data provided by national regulatory authority and pharmaceutical laboratories.

The European Medicine Agency (Agence européenne du Médicament - EMA) launched on May 31, 2012 a database, available on an Internet site, indicating "suspicious side effects" of drugs allowed on European Union markets. The information comes both of the different authorities of national regulation of drugs and pharmaceutical companies who spontaneously reported these side effects.

Updated: June 11, 2012 (Initial publication: May 30, 2012)

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Release work : Les services d'intérêt économique général et le marché intérieur : régimes nationaux et cadres juridiques européens (English translation : Services of general economic interest and the internal market: national regimes and legal European framework)

The "Société de Législation comparée" (Society of Comparative Legislation) publishes the acts of a symposium. The notion of "service of general economic interest" was developed by the European Commission and the European Court of Justice, before the Treaty, including the Lisbon Treaty and its Protocol 26, give it its place. Thus, member States, as demonstrated by the collective work, must take into consideration, this European doctrine, that balances competition and public service, and no longer develop national concept of utilities ignorant of legal developments in Law of the European Union.

Updated: June 11, 2012 (Initial publication: June 7, 2012)

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Release work : Policing the markets. Inside the black box of securities enforcement

Set against the backdropt of the recurring waves of financial scandal and crisis, this book examines the struggles of securities enforcements agencies tot police the financial markets. Against allegations of regulatory failures, the author goes "inside the black box of enforcement"". Through interviews and academic researches, he considers the question of enforcement as a distinctly kwonnledge-based-enterprises (with their lawyers, their technological influence, etc.). The findng is the necessary to put the enforcement in the center of the financial marker Regulation.

Updated: June 11, 2012 (Initial publication: May 23, 2012)

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The Department of Justice of the United States takes position for legislation intra-State concerning online gambling, other than sports betting. State laws are currently restrictive.

In the Unites States, the Federal Act, the Interstate Wire Act, is now performed by the Department of Justice as that only prohibiting sports betting and not poker online. In addition, States have to make arrangements if they want to liberalize the game of poker online. In February 2012, there is that many States have explicitly maintained the ban, only having liberalized and permits issued for Nevada.
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