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Updated: Sept. 25, 2012 (Initial publication: Feb. 11, 2010)

Sectorial Analysis

Main information

The ‘Autorité des Marchés Financiers’ (French Financial Markets Authority) published a guidebook on the information to be provided in listed securities’ registration documents.

United States of America

The Housing and Economic Recovery Act of 2008 gave FHFA the authorities necessary to oversee vital components of USA’secondary mortgage markets – Fannie Mae, Freddie Mac, and the Federal Home Loan Banks. FHFA’s mission is to provide effective supervision, regulation and housing mission oversight of Fannie Mae, Freddie Mac and the Federal Home Loan Banks to promote their safety and soundness, support housing finance and affordable housing, and support a stable and liquid mortgage market.

Updated: Sept. 25, 2012 (Initial publication: May 19, 2010)

Sectorial Analysis

Main information

The Federal Communications Commission (FCC) announces that it will reclassify broadband Internet service as a Telecommunications Service, in order to overcome the ruling by the United States Court of Appeals for the District of Columbia on April 6, 2010, which found that the FCC’s approach to network neutrality lacked sufficient legal basis.

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

Breaking news

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

Breaking news

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: Sept. 25, 2012 (Initial publication: April 2, 2010)

Sectorial Analysis

Main information

A decision handed down by the French Court of Cassation (Cour de cassation) validates a right of first refusal contract whose purpose was to prevent financial speculation on the property being sold. This decision, political in nature, opens new possibilities for using the contract as an instrument for regulating real-estate prices.

Sept. 18, 2019

Soft Law

Updated: Jan. 3, 2012 (Initial publication: July 19, 2011)

Translated Summaries

Updated: April 29, 2010 (Initial publication: Feb. 16, 2010)

Books

Research on the EU regime of risk regulation for pharmaceuticals and foodstuffs based on an institutionalist approach to supranational risk regulation.

Jan. 20, 2015

Sectorial Analysis

The original spirit of the Common Agricultural Policy (CAP) was to think of agriculture as a sector unfolding in time, subject to natural hazards, including actors, both farmers and the population that is fed, having interests on which national states shall ensure.

The spirit of the new Common Agricultural Policy is different, even opposite, which explains the length of its gestation. Indeed, competition becomes the principle guarantor of innovation, fair prices for consumers and competitiveness of the European agricultural industry facing global competition, which leads to assist agricultural enterprises, to worry about products quality, away from the subtraction of these products of the principle of competition.

The political agreement was reached in 2013, the basic technical texts were completed in 2013 for the new apparatus be applicable to January 1, 2014, including a Regulation of 17 December 2013 establishing a common organisation of the markets in argricultural products (CMO).

It points out that the agricultural sector is subject to competition law only if the Community legislature didn't stipulate differently!footnote-16. The Regulation almost affirms the opposite principle: "It should be provided that the rules on competition relating to the agreements, decisions and practices referred to in Article 101 TFEU and to abuse of a dominant position apply to the production of, and the trade in, agricultural products, provided that their application does not jeopardise the attainment of the objectives of the CAP.". The Regulation  details: A special approach should be allowed in the case of farmers' or producer organisations or their associations, the objective of which is the joint production or marketing of agricultural products or the use of joint facilities, unless such joint action excludes competition or jeopardises the attainment of the objectives of Article 39 TFEU.

On 15 January 2015 the European Commission launches a consultation on the "joint salling of olive oil, beef and veal livestock and arable crops, cases covered by the Regulation.

How the new balance will be between competition and regulation?!footnote-20

It is likely that future guidelines will be the place of expression of this balance.