Competition Regulation in the Telecommunications Sector in Uganda: The Potential Role of a National Competition Law

Author(s):  
Rachel Alemu
Author(s):  
Jan Wouters ◽  
Michal Ovádek

This chapter assesses the role of fundamental rights in EU competition enforcement. EU competition policy comprises a number of limbs, each with its own peculiarities and rules but together contributing to the objective of protecting (relatively) undistorted competition in the Union's internal market. The key reason why EU competition policy is an interesting and important case study from the point of view of fundamental rights application is enforcement. Unlike in other areas, the EU, in particular the European Commission, wields considerable powers when it comes to the protection of undistorted competition in the internal market. Although the extent of the enforcement powers and their potential impact on fundamental rights differs between the various aspects of competition policy, the field as a whole embodies supranational authority as almost none other. This is so despite the fact that in enforcing competition law the Commission cooperates closely with national competition authorities (NCAs) as part of the European Competition Network (ECN) and that the majority of decisions applying EU antitrust rules are taken by the NCAs.


Author(s):  
Alison Jones ◽  
Brenda Sufrin ◽  
Niamh Dunne

This chapter sketches the history and functions of the EU and its institutions in order to set the EU competition rules in context. It then describes the competition provisions themselves and outlines the way in which the rules are applied and enforced, including the public enforcement of Articles 101 and 102 under Regulation 1/2003, the control of mergers with a European dimension under Regulation 139/2004, public enforcement by the national competition authorities of the Member States, and the role of private enforcement. It discusses the position and powers of the European Commission, particularly the role of the Competition Directorate General (DG Comp); the powers of the EU Courts; the significance of fundamental rights and the general principles of EU law in competition cases; the application of competition rules to particular sectors of the economy; and the application of the EU rules to the EEA.


2020 ◽  
Vol 16 (4) ◽  
pp. 435-487
Author(s):  
Or Brook

Abstract This article questions the common view that the modernization of EU competition law has removed public policy considerations from the public enforcement of Article 101 TFEU. Based on a large quantitative and qualitative database including all of the Commission’s and five national competition authorities’ enforcement actions (N ≈ 1,700), it maintains that modernization has merely shifted the consideration of public policy from the substantive scope of Article 101(3) TFEU to procedural priority setting decisions. Instead of engaging in a complex balancing of competition and public policy considerations, the competition authorities have simply refrained from pursuing cases against anticompetitive agreements that raise public policy questions or settled those cases by accepting negotiated remedies. This outcome, the article claims, is a double-edged sword. The Commission’s attempt to narrow down the scope of Article 101(3) as part of modernization has not eliminated the role of public policy in the enforcement. Rather, undertakings can reasonably assume that restrictions of competition that produce some public policy objectives will not be enforced, even if they do not meet the conditions for an exception. These discretionary nonenforcement decisions have a detrimental impact on the effectiveness, uniformity, and legal certainty of EU competition law enforcement. JEL: K21, K230


Author(s):  
Thanh C. Phan

Under economic globalization, anti-competitive acts transcend national borders and become a challenge for competition law as traditionally conceived. Most countries have been dealing with cross-border competition problems by using two basic methods: unilaterally extending national competition law's jurisdiction to acts conducted in foreign territory and cooperating in enforcing competition law. However, while the unilateral enforcement of competition law harms international comity, international cooperation in this area is constrained by conflicting national interests. Against the backdrop of such limits of statist mechanisms, this chapter examines the role of multi-national corporations in the enforcement of national competition law at a transnational level. It argues that when a multi-national corporation internalizes competition laws of countries as standards for its behaviors, the corporation can provide a mechanism to project those national laws at the transnational level by exercising its private power in a socially responsible way.


2015 ◽  
Vol 40 (02) ◽  
pp. 553-571
Author(s):  
Imelda Maher

This is a review essay of Caron Beaton‐Wells and Ariel Ezrachi (eds.), Criminalising Cartels: Critical Studies of an International Regulatory Movement (2011); David J. Gerber, Global Competition: Law, Markets, and Globalization (2010); and Ioannis Lianos and D. Daniel Sokol (eds.), The Global Limits of Competition Law (2012). It explores the fragmented nature of national competition laws in the context of globalization and several harmonizing trends: the defining role of economics, the strong influence of US antitrust economics and law internationally, and the relative insularity of competition law from other subdisciplines of law. The recent emergence of competition regimes, especially in the BRICS countries, challenges these harmonizing trends, reducing US hegemony. Economics will remain central but cultural and institutional factors that reflect societal values will become more significant. This leads to a contradiction of convergence as to the benefits of competition law internationally and continuing fragmentation along national lines.


2019 ◽  
Vol 47 (5) ◽  
pp. 1393-1404 ◽  
Author(s):  
Thomas Brand

Abstract The Popeye domain-containing gene family encodes a novel class of cAMP effector proteins in striated muscle tissue. In this short review, we first introduce the protein family and discuss their structure and function with an emphasis on their role in cyclic AMP signalling. Another focus of this review is the recently discovered role of POPDC genes as striated muscle disease genes, which have been associated with cardiac arrhythmia and muscular dystrophy. The pathological phenotypes observed in patients will be compared with phenotypes present in null and knockin mutations in zebrafish and mouse. A number of protein–protein interaction partners have been discovered and the potential role of POPDC proteins to control the subcellular localization and function of these interacting proteins will be discussed. Finally, we outline several areas, where research is urgently needed.


Author(s):  
Katherine Guérard ◽  
Sébastien Tremblay

In serial memory for spatial information, some studies showed that recall performance suffers when the distance between successive locations increases relatively to the size of the display in which they are presented (the path length effect; e.g., Parmentier et al., 2005) but not when distance is increased by enlarging the size of the display (e.g., Smyth & Scholey, 1994). In the present study, we examined the effect of varying the absolute and relative distance between to-be-remembered items on memory for spatial information. We manipulated path length using small (15″) and large (64″) screens within the same design. In two experiments, we showed that distance was disruptive mainly when it is varied relatively to a fixed reference frame, though increasing the size of the display also had a small deleterious effect on recall. The insertion of a retention interval did not influence these effects, suggesting that rehearsal plays a minor role in mediating the effects of distance on serial spatial memory. We discuss the potential role of perceptual organization in light of the pattern of results.


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