Mitja Kovac – författare

The use of economic theory and economic evidence in competition cases, their appropriate interpretation, meaning, impact, usefulness and validity are among the most challenging issues that judges and legal practitioners are facing in their daily decision-making. Notorious questions of, for example, how courts, practitioners and other decision-making bodies should employ economic evidence and what weight (and credibility) should be attached to such evidence where different experts offer different suggestions are among the most complex ones. This book, while addressing such questions, provides tools for judges, scholars and legal practitioners to employ economic evidence in a more effective, optimal and predictable way so as to overcome the identified, EU-wide obstacles in enforcing current EU competition law.This edited volume addresses the importance, implications, practices, problems and the role of economic evidence in EU competition law. It includes contributions on the use of the economic approach in the application and enforcement of EU competition law in different EU countries, candidate member states and third countries. The book features scholars who are experts in the field of competition law and economics as well as several of the most prominent European judges who provide first-hand information on the use of economic evidence in practice. The book is not limited to a particular subfield of competition law, but covers the area of competition law at large, including state aid. This reflects the fact that also the European Commission has gradually expanded the application of the economic approach to all areas of competition law.

Comparative Contract Law and Economics provides a deeper understanding of the similarities and differences between the legal systems of France, England, the US and Germany in terms of contract law. The application of the economically inspired optimal model rule as a uniform term of comparison provides valuable insights into the pre-contractual duties of disclosure, the phenomena of unforeseen contingencies and the unilateral termination of contracts. The objective evaluation method enriches traditional comparative contract law by enabling further qualitative assessment. The book offers ample opportunities for further research and for 'better' law making, legislation and jurisprudence. Moreover, it enables comparative contract law to offer clear-cut, objective recommendations on the possible improvements of legal rules or decisions. This well-documented book will appeal to postgraduate students and scholars of law and economics, and comparative law. Judges and law practitioners will also find much to interest them in this pioneering volume.Contents: 1. Introduction2. Pre-contractual Duty to Disclose Information3. Unforeseen Contingencies4. Unilateral Termination5. Summary and ConclusionsReferencesIndex

This book addresses the role of public policy in regulating the autonomous artificial intelligence and related civil liability for damage caused by the robots (and any form of artificial intelligence). It is a very timely book, focusing on the consequences of judgment proofness of autonomous decision-making on tort law, risk and safety regulation, and the incentives stemming from these.  This book is extremely important as regulatory endeavours concerning AI are in their infancy at most, whereas the industry’s development is continuing in a strong way. It is an important scientific contribution that will bring scientific objectivity to a, to date, very one-sided academic treatment of legal scholarship on AI.

This book takes a comparative law and economics approach to explore the role of public and private actors in regulating generative artificial intelligence. The book provides an introduction and context for the creation of new generative AI technologies, now understood to be the chief goal of the leading AI companies. As autonomous ‘super-intelligences’, these technologies are still an unknown entity which nevertheless have profound implications for liberal democracy, consumer choice mechanisms, mutual trust, and political legitimacy.This book explores the deep challenges posed for lawmakers and how we can achieve an optimal form of regulation and governance of such unreliable technologies. Chapters investigate possible hybrid modes of regulation, such as a co-regulatory approach between private AI companies and public actors in addressing the issue of misinformation spread. It also explores mixed types of regulation toward research on new forms of AI, arguing that different levels of systemic risk posed by different technologies must be accounted for. Different contemporary and historical contexts for the regulation of unprecedented technical innovation are also considered, and new suggestions for policy are presented. This book is a timely resource which will be of interest to researchers and practitioners in economic governance, law and regulation, artificial intelligence, and comparative law.