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Abstract
Securities and capital markets regulation is made up of a fabric of rules that are subject to public or private enforcement, or both. There has been ongoing debate on whether one form of enforcement is preferable or more suitable in respect of securities regulation, and on what is the right balance. This debate tends to compare the US market with other markets. In this regard, the general view is that US securities regulation uses private enforcement more than European securities regulation. In the area of antitrust law, however, Europe has been moving for around 20 years in the direction of an increase in private enforcement, and one might wonder whether this trend will be followed, at least to a certain extent, by EU securities regulation. This chapter analyses the matter.
| Original language | English |
|---|---|
| Title of host publication | Research handbook on EU securities law |
| Editors | Paolo Giudice, Joseph McCahery |
| Publisher | Edward Elgar |
| Chapter | 12 |
| Pages | 353-376 |
| Number of pages | 24 |
| ISBN (Electronic) | 978 1 80037 604 5 |
| ISBN (Print) | 978 1 80037 603 8 |
| DOIs | |
| Publication status | Published - Sept 2025 |
Publication series
| Name | Research handbooks in financial law series |
|---|---|
| Publisher | Edward Elgar Publishing |
Keywords
- public enforcement
- private enforcement
- securities regulation
- securities class actions
- third-party litigation
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Green digital assets: A comparative approach
Mc Cahery, J. & Scott, R., 23 Sept 2025, Research handbook on EU securities law. Giudici, P. & McCahery, J. (eds.). Edward Elgar, p. 272-305 35 p. (Research handbooks in financial law series).Research output: Chapter in Book/Report/Conference proceeding › Chapter › Scientific › peer-review
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Institutional investors, alternative asset fund managers, and ESG
Mc Cahery, J., Pudschedl, P. & Steindl, M., Sept 2025, Research handbook on EU securities law. Giudici, P. & McCahery, J. (eds.). Edward Elgar, p. 198-241 44 p. (Research handbooks in financial law series).Research output: Chapter in Book/Report/Conference proceeding › Chapter › Scientific › peer-review
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Introduction: Research handbook on EU securities law
Giudici, P. & Mc Cahery, J., Sept 2025, Research handbook on EU securities law. Giudici, P. & McCahery, J. A. (eds.). Edward Elgar, p. 1-8 8 p. (Research handbooks in financial law series).Research output: Chapter in Book/Report/Conference proceeding › Chapter › Scientific › peer-review