Rigorous Enforcement Research Articles

Antitrust laws, market competition and corporate green innovation

Utilizing a dataset from 2003 to 2016 encompassing Chinese firms listed on the A-share market, the current study conducts a robust analysis through a quasi-experimental approach, focusing on the enforcement of the Anti-Monopoly Law in 2008. By employing the Difference-in-Differences (DID) technique, it delves into the profound connections between anti-monopoly laws, market competition, and corporate green innovation. The rigorous enforcement of anti-monopoly laws has inhibited green innovation in enterprises with stronger original monopoly power, reducing the green innovation performance gap between them and enterprises with weaker monopoly power. Moreover, the study reveals that anti-monopoly regulations bolster the occurrence of green innovation by intensifying market competition, driving companies to pursue distinct competitive edges. The analysis further suggests that the negative impact of anti-monopoly laws on eco-innovation is more significant in state-controlled enterprises and in sectors with pronounced monopolistic traits that are not technology-intensive. This scholarly work not only contributes to the academic discourse on the nexus between anti-monopoly legislation and corporate inventive endeavors but also equips policymakers with tangible insights into leveraging legal frameworks to foster environmentally sustainable corporate innovation.

Pay for a free service, access to cesarean section in the slums of Dakar

BackgroundIn sub-Saharan Africa, equitable access to cesarean section remains a major challenge for reducing maternal and neonatal mortality, particularly among disadvantaged populations. This situation is further exacerbated in slums, where women face significant financial barriers to accessing expensive healthcare services, such as cesarean. Within this context, this paper aims to study access to emergency cesarean services among women living in the slums of Dakar, considering the free cesarean policy implemented in Senegal since 2005.MethodQuantitative data were collected using a cross-sectional retrospective approach, from 18 health facility managers and 260 women living in slums in Dakar who had undergone cesarean delivery between July and December 2022. The surveys aimed to collect socio-demographic data on women and the costs they paid to have a cesarean section, as well as on the application of the policy of free caesarean sections by public health facilities. The data were processed using Stata.ResultsThe results indicated that poor women residing in Dakar slums do have access to emergency cesarean section services in public health facilities. However, a significant portion of these women come from impoverished households and lack higher education, making them more vulnerable to financial constraints when seeking a C-section. Despite cesarean sections being performed primarily based on medical necessity, regardless of the woman's economic status, ethnicity, or educational background, women often find themselves having to pay substantial amounts to undergo the procedure. This is particularly concerning, as cesarean sections are intended to be entirely free in public health facilities in Senegal. Health facility managers attribute this financial burden to the State, which recurrently delays reimbursements for cesarean sections, forcing them to charge women higher prices for the procedure.ConclusionA more rigorous enforcement of the policy for free cesarean section could greatly enhance access to this obstetric practice for women living in the slums of Dakar.

The Application of Criminal Law in Addressing Corruption Crimes: Strategies and Challenges

Corruption poses a substantial challenge for Indonesia, affecting community life, national development, and state functioning. It leads to significant financial losses and economic repercussions for both perpetrators and the nation. To combat this issue, it's essential to harmonize legislation, enhance international cooperation, and develop an integrated approach to law enforcement while encouraging active community participation. Addressing corruption requires improvements in education, training, and the instillation of moral values. This research aims to understand the characteristics of normative legal knowledge and to explore legal regulations and their principles using a normative juridical approach, relying on secondary data analysis. Active prevention of corruption and a proactive role for corruption courts are crucial. Key findings suggest the need for rigorous law enforcement, the abolition of gratuities, increased transparency, and enhanced public ethics. Collaboration among the government, law enforcement, and the community is vital to effectively tackle corruption. Fair law enforcement and legal certainty must be ensured to build a collective conviction among stakeholders. A multifaceted approach is necessary for effective corruption eradication, including system improvements, educational campaigns, and repressive actions. Sustained efforts can minimize corruption's negative impacts, foster public trust, attract investors, and uphold national dignity while deterring corrupt activities. Furthermore, maximizing the recovery of state funds lost to corruption is essential for the nation’s integrity and development.

The Impact of Decree 70/2023 on Labor Regulation and Industrial Relations in Argentina: A Legal and Economic Analysis

Decree 70/2023, issued by the Argentine government, addresses critical issues in labor and industrial relations amidst ongoing economic and social challenges. This study evaluates the decree’s impact on labor regulations, focusing on minimum wage standards, protection against unfair dismissal, and dispute resolution mechanisms. Utilizing a mixed-methods approach, both qualitative and quantitative analyses were conducted. Qualitative methods included legal document reviews and expert interviews, while quantitative methods involved assessing changes in wage levels, unemployment, and productivity. Key findings indicate that the decree’s increase in minimum wage aims to enhance worker welfare and stimulate economic growth, but poses challenges for employers, particularly small and medium-sized enterprises. Stricter procedures and improved compensation for layoffs are expected to reduce job insecurity and foster fairer employment practices, though these measures may raise operational costs and administrative burdens for businesses. Additionally, the new dispute resolution mechanisms, which emphasize mediation and arbitration, are designed to resolve conflicts more efficiently and transparently. However, consistent implementation and oversight remain critical challenges. The study concludes that while Decree 70/2023 represents a significant step towards better labor conditions and industrial relations in Argentina, its success will depend on rigorous enforcement and stakeholder cooperation. Further research should focus on the long-term effects of these regulations on Argentina’s labor market and economic stability, as well as continuous evaluation to refine these policies for optimal outcomes.

A STUDY TO EVALUATE THE DEMOGRAPHIC PATTERN OF THE INJURY CAUSED BY METALLIC CORNEAL FOREIGN BODY AND ITS OUTCOME AFTER TREATMENT

Objective: This study aims to investigate the demographic characteristics, occupational background, and injury management of patients presenting with ocular trauma involving metallic corneal foreign bodies (FBs). Methods: A cross-sectional study was conducted at the outpatient clinic of Ophthalmology at Pt JLNGMC, Chamba. Data were collected from consecutive patients over three months. Demographic data, including age, gender, and education level, were analyzed alongside occupational background, injury context, and protective measures. Statistical analysis was performed using SPSS version 17.0, with descriptive statistics utilized to present the results. Results: The study revealed a predominance of young males (66%) in the 14-29 age group, with the metalwork industry (47%) being the primary sector where injuries occurred, mainly during metal grinding activities (53%). Lack of protective measures, such as temporary removal of eyewear (39%), contributed to the injuries. Notably, 54% of patients did not attempt self-removal of FBs. Superficial corneal FBs accounted for 45% of cases, indicating significant potential for severe injury. Conclusion: The findings underscore the urgent need for enhanced safety education, rigorous enforcement of protective eyewear usage, and targeted interventions in high-risk occupational sectors to mitigate the prevalence and severity of corneal FB injuries. Addressing these challenges is crucial for preserving vision, reducing healthcare costs, and improving occupational health and safety standards.

Sustainability strategy for turtle conservation in Kelapa Dua Island, Kepulauan Seribu District, Jakarta, Indonesia

Abstract. Gulo GS, Tumuyu SS, Patria MP. 2024. Sustainability strategy for turtle conservation in Kelapa Dua Island, Kepulauan Seribu District, Jakarta, Indonesia. Biodiversitas 25: 2307-2314. The background of this research stems from the excessive exploitation and shift from subsistence to commercial use that has caused a decline in turtle populations. Therefore, it is necessary to safeguard turtle populations within Indonesia's distinct marine habitats, particularly at SPTN (National Park Management) I, Kelapa Dua Island, Kepulauan Seribu, Jakarta, Indonesia. Addressing the challenges in turtle conservation, this study systematically collected data through expert interviews, providing in-depth insights into the conservation landscape. The research methodology includes data collection via expert interviews and subsequent analysis using the Strengths, Weaknesses, Opportunities, and Threats (SWOT) method, providing a strategic framework to enhance conservation outcomes. The results highlight the critical need for habitat protection, stakeholder involvement, and rigorous law enforcement. Based on the four alternative strategies that have been prepared, the S-T strategy approach has the highest score, namely 4, making it a priority strategy for sustainable turtle conservation on Kelapa Dua Island. The following strategic priorities are W-O strategy, S-O strategy and W-T strategy. This study's conclusion shows suitable strategies for research problems, such as advocation for habitat protection, active stakeholder involvement, and strict law enforcement to ensure the effectiveness and sustainability of conservation initiatives.

Misappropriation in the Nigerian Oil and Gas Sector: Strategies for the Accountant General of the Federation

The study addressed the “Misappropriation in the Nigerian Oil and Gas Sector.” The paper employed a theoretical and content analysis approach, conducting an extensive review of literature from online journals and databases of standard-setting bodies such as the Auditing Standards Board and the Association of Certified Chartered Accountants (ACCA). Drawing from the Fraud Triangle Theory, the paper highlighted the three primary factors-opportunity, pressure, and rationalization-that motivate individuals to engage in fraudulent activities. The findings underscored the role of weak governance structures, political interference, and institutional deficiencies as key drivers of misappropriation and corruption within the Nigerian oil and gas sector. Moreover, the literature reviews revealed strategies to combat corruption, including strengthening regulatory frameworks, leveraging technology, and promoting a culture of integrity and ethical leadership. Effective measures to address misappropriation in the Nigerian oil and gas sector require comprehensive reforms, collaborative efforts between stakeholders, and rigorous enforcement and monitoring of policies. As the Accountant General of the Federation, it is recommended to prioritize accountability, transparency, and good governance through regular independent audits, establishment of a specialized anti-corruption unit, adoption of international accounting standards, implementation of whistleblower protection mechanisms, and ongoing capacity building and training programs for finance professionals and public officials involved in managing finances within the sector.

Foreign corrupt practices act violations and enforcement

Purpose This study aims to examine the determinants of Foreign Corrupt Practices Act (FCPA) violations and consequences of FCPA enforcements. Design/methodology/approach This paper uses publicly available data from Compustat, I/B/E/S and Thomson Reuters databases, combined with Securities and Exchange Commission (SEC) and Department of Justice (DOJ) cases, to extract insights on FCPA violations and enforcements using econometric approaches. Findings The main determinants of FCPA violations appear to be firm size, multinational structure, country corruption and Sarbanes-Oxley Act control weaknesses. Traditional misreporting risks (F-score and M-score) do not predict FCPA violations. This study discovers significant differences between FCPA violations by motivation, as in, sale generation, rent extraction or cost evasion. Bribes motivated by sale generation or rent extraction are partially driven by the extent of the firm’s global operations, whereas bribes motivated by cost evasion relate to internal influences. This study also finds that enforcement is more salient for criminal violations (DOJ enforcement), compared to civil violations (SEC enforcement). Research limitations/implications This research provides new insights into the determinants of FCPA violations while underscoring the need for effective measures to combat bribery and promote ethical business practices. This research contributes to the ongoing efforts to curtail bribery, offering valuable insights into the characteristics of firms more likely to engage in bribery and contexts in which these activities occur. It provides critical implications for regulatory bodies, highlighting the differential responses of firms to varying types of enforcement, namely, criminal versus civil, as the authors observe greater decreases in internal control weaknesses following DOJ enforcement compared to SEC enforcement. Practical implications For enforcement agencies, the findings underscore the importance of rigorous criminal enforcement against FCPA violations, highlighting the improved control environments prompted by DOJ actions. Managers will find this research relevant, as it demonstrates that a firm’s entry into international markets substantially elevates the risk of its representatives engaging in bribery with foreign officials. In addition, the results are of interest to regulators, revealing that the underlying motivations driving a firm’s activities can significantly alter the factors to consider that might lead to an FCPA violation. Originality/value This paper is the original work of the authors and explores the determinants and consequences of FCPA violations and enforcement actions since 2002. To the best of the authors’ knowledge, it is the first to explore bribe determinants by their motive and documents industry-wide benefits arising from criminal enforcement.

Analisis Kriminologi Mengenai Peredaran Narkoba Terkait dalam Keimigrasian

The circulation of narcotics has become an exceedingly complex and worrisome issue in the context of immigration-related crimes in Indonesia. This article presents a criminological analysis of the role of narcotics in immigration-related crimes with the aim of understanding their impact on national security and sovereignty. The literature analysis method was employed to gather and evaluate data related to this issue. The results reveal that the circulation of narcotics in immigration areas has serious repercussions on social stability and can be exploited by international networks for the purpose of drug trafficking. Tight monitoring at immigration checkpoints, rigorous law enforcement, and collaboration among agencies and internationally are pivotal in addressing this narcotics circulation. This article provides profound insights into the role of narcotics in immigration-related crimes and underscores the importance of collective efforts in combating this threat.

Thinking Sustainability through the Earth-Eco-Socialist Paradigm

Safeguarding our environment, which is home to both humans and nonhumans, is imperative to prevent widespread negative impact. The urgency for collaborative efforts to maintain the earth’s well-being is underscored by the escalating environmental crises worldwide. This paper posits that the environmental degradation we witness is significantly occasioned by capitalist practices that exploit both human and nonhuman entities. It critiques the classical free-market approach as insufficient for fostering environmental sustainability. In contrast, the paper advocates for “Earth-eco-socialism,” a model it champions as conducive to harmonizing human-nature relations. This model diverges from the capitalist fixation on perpetual material growth and environmental exploitation, which undermines the potential for meaningful existence for many. Earth-eco-socialism is grounded in the conviction that development and social progress must address social issues and environmental challenges simultaneously, through legislation and democratic processes, without compromising human needs. This approach merges ethical considerations with ecological stewardship, promoting cooperative environmental management, flexible environmental legislation, and its rigorous enforcement. The conclusion underscores the imperative of embracing the Earth-eco-socialist framework for our interactions with nature and one another, as a pathway to achieving environmental sustainability.

The Influence of Ring Roads on Traffic Characteristics in Urban Cities

Constructing ring roads is a traditional approach to alleviating traffic congestion in urban areas and enhancing road capacity. However, this solution is frequently inefficient in the long run. This study investigates different strategies for managing traffic congestion in urban areas and evaluates their efficacy. The text examines three situations where various methods were employed to address traffic congestion issues. These strategies are categorized into three distinct categories. The initial concept encompasses substantial engineering interventions, such as the establishment of ring roads, the creation of new roadways, and the enlargement of preexisting roads. Many cities are implementing push-and-pull strategies to optimize existing capacities and promote environmentally friendly transportation alternatives, thereby reducing car usage. These strategies include promoting public transportation, cycling, and walking, as well as modifying urban land use patterns to minimize the need for people to travel. These methods are successful in delivering long-lasting transportation solutions. Nevertheless, more than push-pull strategies are needed to adequately address traffic congestion, necessitating extensive engineering interventions to expand road capacity, particularly in cases of severe traffic in urban areas. The integration of these methods is categorized as the third principle. The utilization of ring roads also gives rise to numerous novel challenges, particularly in metropolitan areas. The predominant issue lies in the unregulated expansion of houses (urban sprawl) and inadequate public transportation. The problems identified of significant magnitude include Interconnectivity between different regions, the point where ring roads intersect, accessibility to housing, settlement amenities, and social challenges. The study determined that the third concept to tackle traffic congestion could be the most efficient approach for constructing ring roads in urban areas. To address the difficulties involved in the construction and development of circular roads, it would be beneficial to establish an organization that facilitates coordination among all stakeholders involved in the development of ring roads right from the outset. Urban Planning Directorates at the governorate level are responsible for carrying out this work in urban cities. In addition, rigorous enforcement of laws is also crucial for achieving desired goal.

Exploration of Sustainable Wildlife Habitat Conservation for Preventing Future Pandemics.

This paper explored wildlife habitat conservation as a tool for containing animal to human transmission of virus. Available statistics shows that infectious viral diseases known to have troubled man have always been transmitted to humans through animals, hence the need for this paper. The objectives of this paper are: to review the origin of COVID-19 pandemic; to discuss wildlife conservation as a tool for containing animal to human spread of virus diseases. Observation and review of related literature were the methods used. This paper reveals that COVID-19 originated in an animal market located in Wuhan, Hubei Province of China through human interaction with pangolin which is primary carriers of the virus. This transmission was attributed to illegal poaching of pangolin that is already endangered species. Wildlife habitat conservation was further identified as a tool for preventing future pandemics. Human encroachment upon wildlife habitat has resulted to several infectious diseases that have killed many persons. Some suggestions were made to enhance wildlife conservation, they include, stopping all wildlife trade by permanently closing markets were wildlife are sold; rigorous enforcement of laws, regulation and international treaties on wildlife and enactment of new effective policies as well; provision of sustainably produced poultry, fish, invertebrates and plant protein as source of protein instead of seeking wildlife; good funding and support should be provided for agencies in-charge of protecting wildlife; education and awareness should also be created in order to motivate people to voluntarily renege from wildlife poaching. There is need for government and wildlife conservation agencies to step up efforts at conserving wildlife through implementation of these recommendations.

INTERNET GOVERNANCE AND MORAL ENTREPRENEURS

A growing body of academic work on internet governance focuses on the “deplatforming of sex,” or the removal and suppression of sexual expression from the internet. Often, this is linked to the 2018 passing of FOSTA/SESTA – much-criticized twin bills that make internet intermediaries liable for content that promotes or facilitates prostitution or sex trafficking. We suggest analyzing both internet governance and the deplatforming of sex in conjunction with long-term agendas of conservative lobbying groups. Specifically, we combine media historiography, policy analysis, and thematic and discourse analysis of the National Center on Sexual Exploitation’s (NCOSE, formerly Morality in Media) press releases and media texts to show how conservative moral entrepreneurs weaponize ideas of morality, obscenity, and harm in internet governance. We illustrate how NCOSE has, directly and indirectly, interfered in internet governance, first by lobbying for rigorous enforcement of obscenity laws and then for creating internet-specific obscenity laws (which we argue CDA, COPA, and FOSTA/SESTA all were for NCOSE). We show how NCOSE adjusted their rhetoric to first link pornography to addiction and pedophilia and later to trafficking and exploitation; how they took advantage of the #metoo momentum; mastered legal language, and incorporated an explicit anti-internet stance.

The Influence of Monopoly Capitalism on Economic Globalization

This paper delves into a comprehensive examination of the multifaceted impact of monopolistic capitalism on global economization. By dissecting market monopolies, disparities in resource allocation, the intricate dynamics of innovation, and their potential to fuel geopolitical tensions, this study unravels the complex repercussions of monopolistic capitalism. Market monopolies undercut healthy competition, resulting in elevated prices and a decline in consumer well-being. Meanwhile, resource inequities exacerbate social inequality as dominant corporations amass an overwhelming share of resources. Despite monopolistic firms often possessing superior R&D capabilities, the reduction in competitive vigor hampers overall innovation. Furthermore, in the global arena, monopolistic capitalism has the potential to stoke geopolitical tensions, as witnessed in recent events involving Russia and Ukraine. To navigate these multifaceted challenges effectively, there is a pressing need for rigorous anti-monopoly enforcement, the promotion of equitable resource allocation, a balanced approach to incentivizing innovation, and strengthened international cooperation. These findings underscore the imperative for policymakers, business leaders, and stakeholders to proactively address the complex challenges posed by monopolistic capitalism. Such efforts hold the promise of fostering a more inclusive path to economic and social progress.

Evaluation of Food Safety Knowledge, Attitude, and Practices among Street Food Vendors in the Klang Valley, Malaysia

Street food vendors are proliferating in Malaysian communities because the foods are reasonably priced and accessible since they are typically found in crowded areas. Due to informal observation of food handling practices, street food vendors have been noted as a common cause of foodborne diseases. Hence, the objectives of this study are 1) to determine the level of knowledge, attitude, and practices (KAP) of food safety among street food vendors, 2) to examine the associations between the level of food safety practices and socioeconomic characteristics of street food vendors, and 3) to investigate the relationship between level of knowledge, attitude, and practices of food safety among street food vendors, A purposive sampling method was used, and 268 street food vendors were involved in this study. Several statistical analyses, including descriptive analysis, Chi-square analysis, and Pearson correlation analysis, were used to analyze the data. Out of 268 street food vendors, 219 (81.7%) had adequate knowledge, 239 (89.2%) had a favourable attitude, and 245 (91.4%) vendors implemented good practices in their food handling procedures. Street food vendors’ practices were associated with education level (p=0.069), type of stalls (p=0.030), monthly revenue (p=0.006), license (p=0.027), food safety training (p=0.001), and typhoid injection (p=0.005). The study revealed a positive correlation between the street food vendors’ knowledge, attitude, and practices (KAP) regarding food safety. This investigation suggests that the street food vendors demonstrated a commendable proficiency in food safety KAP. However, relevant authorities must prioritize rigorous enforcement and educational interventions. This proactive approach is essential to elevate food safety standards further and effectively address the potential risks of foodborne diseases.

Can Arms Embargoes Stop the Weapon Transfers to Target States? An Exploratory Meta-Analysis

ABSTRACT This study performs a meta-regression analysis of studies examining the efficacy of arms embargoes in stopping weapons transfers to target countries. Based on the existing body of literature, the effectiveness of arms embargoes remains a subject of debate, contingent on both the rigorous enforcement of the embargo by the sender and the embargo-busting practices of exporting countries. Drawing upon a dataset comprising over 150 estimates, the findings of this analysis suggest that there is only a weak, yet statistically significant, negative impact of arms embargoes on arms transfers to target states. This result implies that, on average, arms embargoes are only successful to a limited extent in impeding or reducing the arms trade with these nations. However, the findings also demonstrate that there is substantial heterogeneity in the embargo effect reported across the primary studies, indicating that certain embargoes still exhibit strong efficacy. Specifically, comprehensive obligatory arms embargoes that are imposed by multiple senders substantially reduce the major conventional arms transfers to target states, particularly within the first year of their imposition.

Role of Fintech adoption in the impact of sustainable policy intervention on enterprise transformation in resource-based cities: Evidence from China

The National Plan for Sustainable Development of Resource-based Cities (2013–2020) (NPSDRC) is a pivotal initiative of the Chinese government to promote the transformation of resource-based cities. Meanwhile, rapid Fintech development provides a vital opportunity for the transformation of such cities. Exploiting the implementation of NPSDRC as an exogenous shock and employing the difference-in-differences approach to investigate how NPSDRC affects the transformation of enterprises in resource-based cities and the role of Fintech adoption in this transformation. The result indicates that NPSDRC hinders enterprises' total factor productivity (TFP) in resource-based cities. The mechanism analysis reveals that NPSDRC hampers enterprise transformation via incentivizing firms to apply end-of-pipe treatments. Specifically, in the short term, this policy has prompted firms in resource-based cities to employ measures aimed at reducing the amount of pollutants during the post-production and pre-emission stages, which leads to an increase in firm costs, and thus reduces their TFP. Moreover, we observe that Fintech development weakens the negative impact of NPSDRC on firms' TFP. The heterogeneity results imply that this negative impact is more prevalent for state-owned enterprises and heavily polluting enterprises. This policy notably hinders the transformation of enterprises in regions with rigorous environmental law enforcement. We provide empirical evidence for formulating sustainable development policies for resource-based cities in other countries.

MENINGKATKAN PERLINDUNGAN INVESTOR DALAM USAHA HULU MINYAK DAN GAS BUMI DALAM KONTEKS INDONESIA

The primary objective of this research is to assess the degree of legal assurance and protection accessible to investors involved in upstream oil and gas operations within the Republic of Indonesia's jurisdiction. The goal is to offer valuable insights to relevant decision-makers and stakeholders, aiming to enhance the legal assurance and protection afforded to investors in this sector, thereby contributing to the nation's overall stability. The research methodology employed in this study is normative and qualitative juridical legal research, incorporating statutory and conceptual approaches. The research findings highlight the necessity for legislative enhancements, particularly implementing the Job Creation Law. This legislation will enhance the regulatory framework, ensuring legal assurance under Article 169, Section A of the Minerba Law. This provision stresses that holders of Mining Business Permits (KK) should not encounter premature contract terminations and advocates for rigorous law enforcement in cases of violations. Furthermore, the study acknowledges the significance of Law No. 25 of 2007, which safeguards legal and business assurance for investors, notably through the Omnibus Law.

The (not so) secret governors of the internet: Morality policing and platform politics

A growing body of academic work on internet governance focuses on the ‘deplatforming of sex’, or the removal and suppression of sexual expression from the internet. Often, this is linked to the 2018 passing of FOSTA/SESTA – much-criticized twin bills that make internet intermediaries liable for content that promotes or facilitates prostitution or sex trafficking. We suggest analyzing both internet governance and the deplatforming of sex in conjunction with long-term agendas of conservative lobbying groups. Specifically, we combine media historiography, policy analysis, and thematic and discourse analysis of the National Center on Sexual Exploitation’s (NCOSE, formerly Morality in Media) press releases and media texts to show how conservative moral entrepreneurs weaponize ideas of morality, obscenity, and harm in internet governance. We illustrate how NCOSE has, directly and indirectly, interfered in internet governance, first by lobbying for rigorous enforcement of obscenity laws and then for creating internet-specific obscenity laws (which we argue CDA, COPA, and FOSTA/SESTA all were for NCOSE). We show how NCOSE adjusted their rhetoric to first link pornography to addiction and pedophilia and later to trafficking and exploitation; how they took advantage of the #metoo momentum; mastered legal language, and incorporated an explicit anti-internet stance.

Do EU and U.K. Antitrust “Bite”?: A Hard Look at “Soft” Enforcement and Negotiated Penalty Settlements

EU and U.K. antitrust are contingent upon rigorous enforcement and the imposition of sanctions. Hard enforcement is key; antitrust loses its effect when it does not “bite.” Soft instruments (non-adversarial, informal) and negotiated penalty settlements may be used, but authorities are expected to exercise self-restraint. This article reveals that despite the prevalence of hard-enforcement rhetoric, the vast majority of actions taken by the European Commission (1958–2021) and German, Dutch, and U.K. antitrust authorities (2004–2021) were not fully adversarial. The hard-enforcement actions, moreover, were confined to limited practices and sectors. Despite the prominence of non-fully adversarial instruments in Europe, and in striking contrast to the United States, only limited attention was devoted to their existence and implications. Urging to take a hard look at soft enforcement and negotiated penalty settlements, the article systematically records the enforcement instruments and their particularities, questions their effectiveness, and calls to align enforcement theory to practice.