Research report 2010 - Max Planck Institute for Innovation and Competition

The turn to private law: Solving conflicts post deregulation

Authors
Podszun, Rupprecht
Departments
Max-Planck-Institut für Immaterialgüter- und Wettbewerbsrecht, München
Summary
Deregulation and public-private partnerships of state actors with private undertakings move conflicts from the domain of administrative law to private law. Private law courts decide the cases. This shift proves to be problematic: the regulative effect of court rulings is often underestimated. The free system of private law may also suffer when public actors and interests start to slip in. Therefore, the model of governing the economy through private law needs institutional and procedural safeguards.

For the full text, see the German version.

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