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little england rather than great britain May 11, 2015

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What we have to look forward to after the election: more austerity, more deregulation, fewer rights for the disadvantaged, the poor, the helpless (more cuts to public services, more stress for those who can least bear it, no human rights, just money rights), a reduction in Britain’s stature in the world (talk about leaving the EU, reductions in financial regulation to prevent business moving offshore): in a few years it really will no longer be possible to use the terminology of “Great Britain.”

rethinking insider trading regulation May 11, 2015

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My new post at Jotwell: Caroline Bradley, Rethinking Insider Trading Regulation, JOTWELL (May 11, 2015) (reviewing Yesha Yadav, Insider Trading in Derivatives Markets, 103 Georgetown L.J. 381 (2015) and Yesha Yadav, Structural Insider Trading, Vanderbilt Law and Economics Research Paper No. 15-8 (March 27, 2015)), http://corp.jotwell.com/rethinking-insider-trading-regulation/.

uk deregulation act allows for possibility of severe limits on regulators’ powers March 27, 2015

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Section 108 of the UK’s Deregulation Act 2015 provides that regulators may be required to “have regard to the desirability of promoting economic growth.” What this means is that they must

in particular, consider the importance for the promotion of economic growth of exercising the regulatory function in a way which ensures that—
(a) regulatory action is taken only when it is needed, and (b) any action taken is proportionate.

On the face of it this looks potentially reasonable – it is about encouraging regulators to make sure that regulation is necessary and proportionate (of course regulation should be proportionate and why would you ever want unnecessary regulation). But it isn’t clear how these terms are going to be interpreted, or whether the number of potential targets for this approach is small or large (for some concerns, see here). The provision has the potential to cause significant harm to all of the interests regulation is supposed to protect – and this is even before the TTIP regulatory cooperation measures are used to limit regulation. The UK can do it all on its own.

new paper March 6, 2015

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I have been working on this paper on Changing Perceptions of Systemic Risk in Financial Regulation.

online reviews and endorsements – consultation February 27, 2015

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The UK Competition and Markets Authority is “inviting views from consumers, businesses and other interested parties on the use of online reviews and endorsements.” The Call for Information states that the concern which motivates the review relates to the trustworthiness and impartiality of some information in reviews and endorsements and says:

This is a fact-finding exercise to increase our knowledge and understanding. It will look at a range of online reviews and endorsements that are accessed by UK consumers, including those on web blogs, video blogs, social media, specialist review sites, trusted trader sites, retail platforms, and retailers’ own websites. It will also look at the roles that media companies, online reputation managers and search engine optimisers play in helping businesses to promote their products/services and manage their reputations in relation to these sites.

There are a number of different forms for submission of views. Bloggers are asked to use the blogger form and members of the public are asked to respond via a Respond online link or using the consumer form. I guess bloggers aren’t members of the public.

more eu transparency January 8, 2015

Posted by Bradley in : transparency , 1 comment so far

European Commission publishes TTIP legal texts as part of transparency initiative.

eu commission transparency November 19, 2014

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A step in the right direction:

As of 1 December 2014, all Members of the Commission are expected to make public on the Commission’s website all contacts and meetings held with stakeholders and lobbyists.

world toilet day November 19, 2014

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According to a WHO/UNICEF Report:

The good news is that since 1990 well over 2 billion people have gained access to improved sources of drinking water, and 116 countries have met the MDG target for water. Almost 2 billion people gained access to improved sanitation and 77 countries have met the MDG target. More than half the world’s population, almost 4 billion people, now enjoy the highest level of water access: a piped water connection at their homes.
But much remains to be done. More than 700 million people still lack ready access to improved sources of drinking water; nearly half are in sub-Saharan Africa. More than one third of the global population – some 2.5 billion people — do not use an improved sanitation facility, and of these 1 billion people still practice open defecation.

on not sounding too good to be true… November 13, 2014

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Investors who used the search term “secure investment” seemingly found their way to a website at secureinvestment.com which “acknowledged that currency trading was risky” – and it was.

how can we tell what is too good to be true? November 13, 2014

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Financial regulators try to help people make good decisions bout their money by encouraging them to focus on whether what they were being offered was too good to be true or not. I think any scheme that calls itself a “Profits Paradise” (a scheme operated from India, although designed to appear to be American) sounds too good to be true. It isn’t clear from the SEC’s announcement how many people responded to the rich promises by investing, although the SEC Order states that “By mid-January 14, 2014, the Website had more than 4,000 visits each day, including more than 200 U.S. visits.” The fact that the SEC published an investor alert alongside the press release suggests that the SEC thinks that people need to be reminded to be careful about investing. But if this scheme didn’t scream “too good to be true” what would?