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

Breaking news

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

Breaking news

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

Breaking news

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.

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

Doctrine

How Well Do Federal Regulations Actually Work? The Role of Retrospective Review

How Well Do Federal Regulations Actually Work? The Role of Retrospective Review

Updated: June 8, 2012 (Initial publication: June 3, 2012)

Breaking news

British law binding sites to inform the user of the collection of cookies came legally into application on May 25, 2012. Some people say it technically impossible to meet.

A "cookie", so named because its shape recalls the shape of the cake, allows a site to remember the tastes of the user through visits and purchases which he made and decide to reuse this information. A European directive decided to limit these practices, the English legislature has provided the obligation for sites to warn the user that connects that a cookie identifies him and agrees of this acquisition of personal information, the justification for the Act is the protection of personal information that a third party data protection may thus have without the consent of the person concerned. The Act came into application in the United Kingdom on May 25, 2012. Some companies they say it technically inapplicable, both as relevant information to justify the application of the consent form and what form the consent of the user should take. They are more concerned because the entire device is subjected to penal sanctions.

Updated: May 29, 2012 (Initial publication: May 15, 2012)

Breaking news

The French telecommunications regulator opens proceedings against the operator that just obtained a mobile licence 4 G, virtual mobile networks operators (MVNO) complaining that FREE which is committed to accommodate them will require the payment of a price of wholesale higher than a retail price, which is contrary to the competition goal.

The Autorité de régulation des communications électroniques et des postes (ARCEP - French regulator of Telecommunications and Posts) granted a licence for a new entrant, Free, what was widely challenged. This allocation was made in exchange f a number of commitments of recipient, especially towards the virtual mobile networks operators (MVNO). Indeed, FREE must allow them to use its facilities and its authorisation, the satisfaction of the commitment which has the effect of fostering competition in the mobile phone market. However, some virtual mobile networks operators (MVNO) complained that Free would not respect its commitments in that the offer of host that FREE have made in exchange, of a higher price of retail price, which is contrary to the principle of opening up competition. The regulator opens proceedings against FREE.

Updated: May 29, 2012 (Initial publication: May 20, 2012)

Breaking news

The European Parliament votes a strengthened version of the text on the capital of banks (Basel III) and limits the remuneration paid to the CEO.

The European Parliament, which according to the co decision procedure, must vote the text of directive, until the Council of European Ministers doing it, examined the draft of the Directive on Basel III standards on May 14, 2012. On prudential standards, he planned to leave the States free to adopt higher minimum requirements. In addition, it imposed that the bonus paid to the CEO didn't attain a higher price than their fixed compensation.

Updated: May 29, 2012 (Initial publication: May 25, 2012)

Breaking news

Release Work : Regulation and Economics

Edited by Roger J. Van den Bergh, Professor of Law and Economics, Alessio M. Pacces, Professor of Law and Finance,University Rotterdam, European Corporate Governance Institute (ECGI). Snd ed., Elgar Publisher, 2012, 800 p. Richard A. Posnor presents this collective book : "This book of essays on the economics of regulation is comprehensive and authoritative, and is particularly noteworthy for its emphasis on European as well as American regulatory methods. The international perspective is important because of the long history of regulatory failures on both continents, the increasing integration of the economies of both continents, and the resulting need of both regulatory cultures to learn from each other.".

Updated: May 29, 2012 (Initial publication: May 25, 2012)

Breaking news

In France, the "Conseil d'Etat" (French State Council) in a judgment of 24 April 2012 canceled sanctions imposed on two managers of investment funds, although its admission of the evidence of the breach of insider by presumption

On January 30, 2010, the "Commission des sanctions" (Sanction Commission) of the French Financial Markets Regulator ("Autorité des Marchés Financiers" -AMF) has sanctioned, by administrative fines, two fund managers to have used inside information, what constitutes a breach of insider trading prohibited by the "Code monétaire et financier" (French Monetary and Financial Code). On Field probation, the "Conseil d’Etat" (French State Council) admits that without direct evidence, the regulator may settle for a body of evidence from which it follows that the action on the market of those prosecuted may restrict explained by the detention of the information in question. But concretely, the Council of State considers that the only information provided to managers do not back the transaction (an IPO) and do not constitute an implicit revelation. The sanction decided by the regulator is broken.

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

01.1.Déclaration des droits de l'homme et du citoyen, 1789

Article 16 de la déclaration des droits de l'homme et du citoyen

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