Comparative Perspectives on Gatekeeper Regulation under Chinese Securities Law [Volume 10 – 2020]

This paper focuses on the issue of gatekeepers. As to the definition of gatekeeper, generally, there is no textbook or uniform definition, but two types of definitions provided by two different scholars seem to be widely accepted.[i] The first one is “private parties who were able to prevent corporate misconduct by withholding their cooperation from wrongdoers.”[ii] This ...

A Legal Certainty Perspective on International Case Law Databases: The Example of the European Case Law Identifier Search Engine [Volume 9 – 2019]

Legal certainty has traditionally been considered a prime principle of developed law. Contributions in the past showed that the concept has a broad meaning and that various mechanisms can be applied to maximise it. Growing globalisation has added an important layer to the debate...

Japan is a very connected country, reaching a high of 103.89 million internet users in 2017[i]. Moreover, more than half this number access online services for general information, social media connection, entertainment, news, financial transactions, gps-functionaility, and other online services, conveniently through the myriad of apps installed in their smartphones...

Rethinking the Legislative Framework for Tackling Cartels: A Japanese Perspective [Volume 8-2018]

Deterrence has, for decades, been the mantra of competition law enforcement authorities in their fight against cartels.[2] Fines and, if available, jail sentences reached record heights.[3] Leniency policies were adopted to reach a higher probability of detection.[4] The focus on high fines...

Considerations on the Role & Function of Independent Outside Directors Under Japanese Corporate Law With Reference to Board Composition in Germany [Volume 7 – 2017]

Friederich Baumgartel Master’s Thesis – 2017