Part V Pass-On, 18 Overview—Pass-on

2020 ◽  
Author(s):  
Veljanovski Cento
Keyword(s):  
Competition Law ◽  
Goods And Services ◽  
Business Changes ◽  
Damage Claim

This chapter provides an overview on pass-on. Pass-on is where a business changes the prices of its goods and services in response to a change in costs of producing them. As already discussed, pass-on is allowed in EU and UK law, and is a key component of the compensatory objective of competition law damages. Pass-on operates both defensively and offensively. As a defence, it allows the defendant to reduce or eliminate an overcharge damage claim by proving that the purchaser passed-on all or part of the overcharge. This defence will invariably be invoked. Used offensively, pass-on gives the indirect purchaser the basis to damages claim. Without pass-on, an indirect purchaser could not sue the members of the cartel for damages.

scholarly journals Tinjauan Hukum Persaingan Usaha dalam Praktek Persekongkolan Tender (Studi Putusan Nomor:04/KPPU-L/2018)

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 344
Author(s):  
Rendi Ardiansyah ◽  
Margo Hadi Pura
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Competition Law ◽  
Business World ◽  
Legal Principles ◽  
Goods And Services ◽  
The Government ◽  
Fierce Competition ◽  
Administrative Sanctions

The existence of Law Number 5 Year 1999 is expected to prevent monopolistic practices and unfair business competition in a business world that continues to develop with increasingly fierce competition. However, until now there are still many unfair effort practices because increasingly complex competition and demands for profusely profit, one of which is related to tender conspiracy activities carried out in the procurement of goods and services within the government. Between them are the practice of conspiracy to tender for the Decision of the Business Competition Supervisory Commission Number 04/ KPPU-L/2018. In writing this article using a normative juridical research method in which research and observations are carried out in a library by emphasizing the applicable legal principles. The purpose of writing this article is to find out tender conspiracy in view of business competition law, which is essentially prohibited because it will prevent other business actors from competing in offering prices at the auction. In addition, this article discusses the fulfillment of the formulaic elements in the practice of tender conspiracy in the a quo case. Tender conspiracy is specifically regulated in Article 22 of Law Number 5 Year 1999 which is then complemented by the guidelines issuance of Article 22 by KPPU. Whereas in essence the actions of the Reported Parties in the implementation of the a quo tender constituted a tender conspiracy practice because they had complied with all the elements referred to in Article 22 of Law Number 5 Year 1999 resulting in receiving administrative sanctions imposed by KPPU as a form of law enforcement.

scholarly journals Open Data and Competition Law Some Issues Regarding Access and Pricing of Raw Data

2015 ◽  
Vol 9 (2) ◽  
pp. 95-120
Author(s):  
Bjorn Lundqvist ◽  
Ylva Forsberg ◽  
Marc De Vries ◽  
Mariateresa Maggiolino
Keyword(s):  
Open Data ◽  
Competition Law ◽  
Case Law ◽  
Eu Law ◽  
Information Goods ◽  
Valuable Resource ◽  
Goods And Services ◽  
Single European Market ◽  
Public Sector Information ◽  
The Eu

Public sector information (PSI) is a very valuable resource that, back in 2003, the EU parliament and council decided to appraise by incentivizing its re-use via a dedicated Directive. In 2013, the directive was revised to further promote the development of a single European market for information goods and services. On the bases of the European and national case law, this article investigates the main competitive issues that this EU law about PSI triggers.

scholarly journals The Competition Neutrality in Malaysia: Challenges and Policy Options

2018 ◽  
Vol 3 (2) ◽  
pp. 45
Author(s):  
Angayar Kanni Ramaiah
Keyword(s):  
Private Sector ◽  
Market Competition ◽  
Competition Law ◽  
State Ownership ◽  
Government Ownership ◽  
Playing Field ◽  
Goods And Services ◽  
Fair Competition ◽  
Independent Decision ◽  
Trade Perspective

Competition law (CL) prevents anti-competitive conducts but does not ensure fair competition or level playing field with respect to State-Owned enterprises (SOEs). Hence, the principle of competitive neutrality promotes that government related business activities in competition with the private sector should not have a competitive advantage or disadvantage simply by virtue of government ownership and control (UNCTAD). Therefore, specific policies and legal rules is essential for achieving competitive neutrality. The Malaysian, Competition Act 2010 (CA2010) subjectively restricts and excludes some government linked enterprises. However, the some economic or, legal policy and political reasons limits CLs applicability and dictates its scope subjectively. In these context exemptions, de facto or de jure, direct or indirect state aid and restrictive licensing requirements impairs competition to benefit the domestic economy or national champion. This practice impacts the true spirit of market competition among rivals. Although Malaysian SOEs recognised as government’s toolbox for societal and public value creation but its future should to be more actively owned and managed to avoid competing unfairly on enterprises that can deliver more efficiently and effectively the goods and services that citizens need and want. In this context, three principal questions from the international trade perspective is analysed on (1) How important is state ownership within Malaysian context (2) What types of advantages should be granted to SOEs (or disadvantages afflicting them) and (3) What policies required to enhance effective competition among all market participants? The paper reviews the state of SOE with respect to exemptions and exclusions policy with respect to governance, independent decision-making, accountability and disclosure policy to improvise the level playing scope between SOE and private sector within the competition law perspective in Malaysia.

scholarly journals KPPU's Role in Enforcement of Business Competition Law on Government Procurement of Goods/Services during the COVID-19 Pandemic

2021 ◽  
Vol 8 (10) ◽  
pp. 228
Author(s):  
Baiq Lisa Amerilis ◽  
Kurniawan Kurniawan
Keyword(s):  
Virus Disease ◽  
Competition Law ◽  
Evaluation Process ◽  
Government Procurement ◽  
Literature Study ◽  
Conceptual Approach ◽  
Emergency Situations ◽  
Goods And Services ◽  
Study Materials ◽  
The Difference

The purpose of this study was to determine the role of KPPU in Enforcement of the Competition Law for the Procurement of Government Goods/Services during the Coronavirus Disease (Covid-19) Pandemic in Indonesia. This type of research is normative legal research, by examining primary and secondary legal materials. The approach method used is a statutory approach, and a conceptual approach. The technique of collecting literature study materials and qualitative analysis using legal interpretations in an authentic and grammatical manner. Procurement of goods and services in emergency conditions has been regulated in Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods and Services, where the process of implementing PBJ is carried out through Direct Appointment. In addition to the Presidential Decree, PBJ LKPP has issued Head Regulation (PERKA) LKPP No. 13 of 2018 concerning Procurement of Goods/Services in Handling Emergency Situations, which states that in the procurement process during an emergency there are at least four important phases that must be passed, namely planning, implementation, settlement of payments, and audits. President Joko Widodo on March 20, 2020 has issued Presidential Instruction (INPRES) Number 4 of 2020 concerning Refocussing of Activities, Reallocation of Budgets and Procurement of Goods and Services in the context of Accelerating Handling of Corona Virus Disease 2019 (Covid-19). The difference between the ordinary PBJ process under normal conditions is that the direct appointment time is relatively faster, there is no need to announce it on the LPSE (Electronic Procurement Service) website, there is no need for a price evaluation process, and the officials who carry it out are PA, KPA, and PPK directly. And there is no need to form a Procurement Working Group.

scholarly journals THE CONCEPT OF LENIENCY IN REPUBLIC OF NORTH MACEDONIA

2021 ◽  
Author(s):  
Goran Koevski ◽  
Borka Tushevska Gavrilovikj ◽  
Darko Spasevki
Keyword(s):  
Comparative Method ◽  
Competition Law ◽  
Unfair Competition ◽  
Business Sector ◽  
Goods And Services ◽  
Lack Of Information ◽  
Application Procedure ◽  
The Republic ◽  
Leniency Programme ◽  
The Impact

The concept of "leniency" in competition law, or better known as the "leniency programme", has proven to be an extremely important instrument in fighting unfair competition. In the Republic of Northern Macedonia (hereinafter RNM), this concept of suppressing or reducing unfair competition, more or less, exists solely as a law conception. Nowadays, when the EU discusses the impact of the global crisis and the Coronavirus pandemic on the level of utilization of ”leniency programme", this concept is still unknown or not a well-known concept for business sector in RNM. The main focus of this article is “leniency programme” in RNM. The key questions that we aim to answer here, are: whether and to what extent this instrument is predicted in Macedonian competition law? Is it predicted only as a law category, or it has practical implications too? Although this research refers to RNM, we strongly believe that a thorough study of “leniency” requires exploration of European conception of “leniency” too. For that purpose, we use relevant EU legislation, as well as practice. Thus, our main goal is to consider the position of RNM towards “leniency” and bring into relation to the Macedonian competition law. We base our hypothetical framework on the assumption that the applicability of “leniency programme” in RNM is at the lowest level. Furthermore, that the undertakings are not interested in applying “leniency”. This situation is partly due to the lack of information, the complexity of the application procedure, as well as other factors that are related not only to the attitude of the executive of undertakings, but more to the general economic circumstances, economic development, the market size of goods and services, etc. Using the analytical-descriptive method, the comparative method, and the method of analysis and synthesis, we’ll elaborate the situation in RNM regarding this issue, and we will present our views considering the questions: whether certain measures should be taken regarding „leniency program“, and what should be done to boost the use of this program in the Macedonian business sector.

scholarly journals Harmonization of Competition Law: Research on The Transplantability of eu’s Law into ASEAN

Yuridika ◽  
2020 ◽  
Vol 35 (3) ◽  
pp. 613
Author(s):  
Reni Budi Setianingrum ◽  
M. Hawin
Keyword(s):  
Competition Law ◽  
Economic Community ◽  
Goods And Services ◽  
Cross Border ◽  
Asean Member ◽  
New Business ◽  
National Competition ◽  
Potential Contact ◽  
Competition Laws ◽  
Asean Economic Community

ASEAN has agreed to run a single market through the ASEAN Economic Community (AEC). The consequence of this free flow of goods and services is the emergence of new business competition, new relevant markets and potential contact amongst business actor of ASEAN member and it is possible to create unfair business competition. The implementation of the AEC also has consequences in the field of regulation, specifically the need for harmonization of regulations on competition law in ASEAN member to overcome the problems of cross-border transactions and the absence of competition law in several ASEAN member. This study uses a normative juridical method and aims to examine harmonization of competition law, a research on the transplantability of EU’s law into ASEAN. Results of this research shows that ASEAN can only adopt the European Union's supranationalism system only for cases of violations of cross border competition law, whereas for cases of violations of national competition laws, each country is given sovereignty to apply its own law. This is because the economic characteristics and legal characteristics of business competition vary between ASEAN member countries.

scholarly journals COMPETITION LAW IN REPUBLIC OF NORTH MACEDONIA - 20 YEARS OF COMPETITION LAW IN REPUBLIC OF NORTH MACEDONIA

2020 ◽  
Vol 36 (3-4) ◽  
pp. 43-68
Author(s):  
Borka Tushevska
Keyword(s):  
Market Competition ◽  
Comparative Method ◽  
Competition Law ◽  
The State ◽  
Goods And Services ◽  
Role Of The State ◽  
Analysis And Synthesis ◽  
Competition Laws ◽  
The Republic

This article examines the laws in the Republic of north Macedonia (hereinafter RNM), that prohibit agreements among competitors to fix prices, divide markets or in other ways avoid or undermine market competition, otherwise known as competition laws. it explores the conditions and challenges in implementing Macedonian competition laws, as well as the role of the state (regulatory) authorities, the degree to which the competition laws comply with the European Union’s competition laws, and finally, the degree to which competition laws are effective and beneficial for the Macedonian economy. Properly implemented competition laws hold much promise. The enactment of competition laws is fundamental for the benefits of a market economy to be achieved. This encompasses economic growth, innovation, lower prices and higher quality of goods and services. The enactment of competition laws since the independence of the Republic of Macedonia1 is furthermore important. This is due to Macedonian obligations to meet the requirements for EU accession. Additionally, adoption of competition law and competition by-laws in RNM, positively affects on the work of authorities for the protection of competition. What is most important, this competition legal regime represents a base for reducing the abuse of the state authorities and theirs incompetent behaviors. At the end, the article contains conclusions, opinions and suggestions from the conducted research, which hopefully will be beneficial for the relevant auditorium. The analytical-descriptive method, the comparative method, the method of analysis and synthesis, and the method of induction and deduction were used to analyze the subject matter for this article.

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