Barry Rodger

Bio: Barry Rodger is an academic researcher from University of Strathclyde. The author has contributed to research in topics: Competition law & Public law. The author has an hindex of 8, co-authored 40 publications receiving 191 citations.

Competition Law and Policy in the EU and UK

Abstract: Competition Law and Policy in the EU and UK provides a focused guide to the main provisions and policies at issue in the EU and UK, including topics such as enforcement, abuse of dominance, anti-competitive agreements, cartels, mergers, and market investigations.

The EU Antitrust Damages Directive : Transposition in the Member States

Abstract: This Book makes a significant and original contribution to the literature on the developing area of private enforcement of EU competition law. It delivers a significant, rigorous and comprehensive analysis of the transposition across a broad selection of MS (MS) of a major EU Directive introduced with the aim of harmonising and facilitation competition law damages actions across the European Union. This book seeks to review and analyse the implementation of the Antitrust Damages Directive across a selected number of EU MS. It aims at analysing the transposition of the Directive into national law firstly from a generic EU law implementation perspective, considering MS processes followed in implementing this EU Directive- ‘the Antitrust Damages Directive’. The book also looks more specifically at the national debates and their consequences for the substantive choices adopted in terms of implementation of the various Directive provisions.

Civil Jurisdiction in the Scottish Courts

Abstract: The issue of jurisdiction is involved every time an action is raised in the Scottish courts. This book deals with all the areas of civil jurisdiction, extending beyond those covered by Civil Jurisdiction and Judgments Act 1982, to provide a comprehensive title to which practitioners can turn for full discussion and guidance.

Proof of Foreign Law: The Impact of the London Convention

Abstract: This Article aims to examine the implementation of the European Convention on Information on Foreign Law, more commonly known as the London Convention, and assess its impact on the application of foreign law under the rules of private international law which prevail in the signatory States. Basically, the Convention provides a system to assist national courts in determining the application of a foreign law in a case involving the rules of private international law. This analysis is divided into three sections.

Information Hiding Techniques for Steganography and Digital Watermarking

Abstract: From the Publisher: Steganography, a means by which two or more parties may communicate using "invisible" or "subliminal" communication, and watermarking, a means of hiding copyright data in images, are becoming necessary components of commercial multimedia applications that are subject to illegal use. This new book is the first comprehensive survey of steganography and watermarking and their application to modern communications and multimedia. Handbook of Information Hiding: Steganography and Watermarking helps you understand steganography, the history of this previously neglected element of cryptography, the hurdles of international law on strong cryptographic techniques, a description of possible applications, and a survey of the methods you can use to hide information in modern media. Included in this discussion is an overview of "steganalysis," methods which can be used to break steganographic communication. This comprehensive resource also includes an introduction to and survey of watermarking methods, and discusses this method's similarities and differences to steganography. You gain a working knowledge of watermarking's pros and cons, and you learn the legal implications of watermarking and copyright issues on the Internet.

Theoretising the foundational concepts of the process of financial crimes in comparative economic systems : an attempt in grounded theory

Abstract: Financial crimes have become one of the most destructive types of crime in post-industrial societies in terms of economic and financial consequences. While the importance of financial institutions in the modern economic system cannot be negated, their critical function in the society with their enormous powers brings about many questions, especially in relation to systems of checks and balances. The increasing number of adverse examples in the last decades provide evidence for the enormous negative consequences of corporate failures resulting from shortcomings in the checks and balances. This study, hence, is motivated by the current financial failures, and aims at exploring and examining financial crimes in terms of the process of becoming a financial white-collar criminal in various financial systems, namely capitalist, socialist and Islamic systems, as well as exploring the vulnerability and propensity of each system in relation to financial crimes. In addition, this study, departing from the shortcomings of Eurocentric understanding and referring to cultural and religious norms, aims to re-conceptualise some of the concepts, subcategories and dimensions with the objective of developing and theorising an improved version of rational choice theory in criminology for a better comparison. In fulfilling the aims of the study, a discourse analysis approach through a deconstruction method is utilised to locate and identify the underpinnings of the existing theoretical frameworks through comparative case study as a method, by comparing extreme cases of market/capitalist finance, socialist/transitional and Islamic/moral finance. In addition, grounded theory is used as a method to construct a modified version of the existing theories by using a number of formal codes such as ‘motivation’, ‘environment’, ‘target’, ‘guardian’ as concepts and ‘opportunity spaces’, ‘real, perceived selves’, ‘ideal and feared’, ‘need and guarding gaps’, ‘haste’, ‘expectations’, ‘deviance’, ‘crime motivation’, ‘act of crime’ etc. as subcategories and ‘material’, ‘social’ and ‘moral’ as dimensions. Such an attempt is rationalised on the ground that the current criminology theories are unfortunately linear theories and they do not make decisions about a regular person. Therefore, there is no crime theory that is confident enough to receive a regular person and make dynamic, relativist, complex analysis about them in prospect, depending on the changing conditions of the inner and outer world of the individual, unlike the ‘complex theory of crime’ produced by this research through grounded theory. A comparative analysis to order the financial systems according to their vulnerability to financial crimes is also provided in this study using the ‘opportunity spaces’ concept of the grounded theory which develops the classical ‘opportunity’ argument of the rational choice theory to almost a small theory of opportunity. This analysis suggests that the most vulnerable financial system to financial crime is the market based financial system, which is followed by socialist/transitional and Islamized financial systems. The comparative analysis of the study on crime propensities of financial systems also confirms the literature on economic and financial systems that argues that the financial systems are converging despite their strong and distinctive ontological and epistemological differences and capacities to enrich and improve each other. The theoretical model developed in this study reveals that crime motivation is only an extension of ordinary motivation and has a dynamic nature. Dynamic in both the micro world of the individual and his/her close social/physical environment and also the macro environment in terms of the wider space of political-economy and social culture. This study fills an important gap in criminology literature which has been sought for decades since the 1970s. Indeed, the resultant theory in this study is unique in its approach because it is a micro-founded macro theory, unlike all the criminology theories which have either micro (biological, psychological theories, control theories) or macro (i.e. symbolic interactions, social bonds theory, life-course theory, conflict theory) foundations.

Third Party Funding: Law, Economics and Policy

Abstract: In Third Party Funding, Gian Marco Solas, for the first time, describes third party funding (TPF) as stand-alone practice within the wider litigation and legal services' markets. The book reports on legal issues related to TPF in both common law and civil law jurisdictions, and in the international context. It then discusses the incentives and economics of TPF transactions in different legal contexts while explaining how the practice emerged and how it is likely to develop. In addition, the book offers practical insights into TPF transactions and analyzes a number of regulatory proposals that could affect its use and desirability. This work should be read by scholars, practitioners, policymakers, and anyone else interested in how TPF is changing the practice of law.

Causation in Competition Law Damages Actions

Abstract: Competition law damages actions are often characterized by the uncertainty of the causal connection between the infringement and the harm. The damage consists in a pure economic loss flowing from an anticompetitive conduct. In such cases, the complexity of the markets structures, combined with the interdependence of individuals' assets, fuel this causal uncertainty. In this work, Claudio Lombardi elucidates the concept of causation in competition law damages actions and outlines its practical implications in competition litigation through the comparative analysis of the relevant statutory and case law, primarily in the European Union. This book should be read by practitioners, scholars, and graduate students with experience in competition law, as well as those interested in analyzing economic torts and causation in general.