scholarly journals EU Competition Law Devours Its Children: The Proliferation of Anti-Competitive Object and the Problem of False Positives

2021 ◽  
pp. 1-21
Author(s):  
Csongor István NAGY
Keyword(s):  
Turning Point ◽  
Competition Law ◽  
False Positives ◽  
Alternative Conception ◽  
Contextual Analysis ◽  
Eu Competition Law ◽  
The Social ◽  
Major Turning Point ◽  
Definition Of ◽  
Rule Making

Abstract In the last decade, EU competition law reached a major turning point in its history. Anti-competitive object became an elusive and unpredictable rule, which boosts the risk of false positives and has a significant chilling effect. This article analyses this metamorphosis and the social damages it is causing, and proposes an alternative conception. The article demonstrates that the emerging new concept of anti-competitive object erroneously conflates ‘contextual analysis’, which has been part of the object-inquiry from the outset, and ‘effects-analysis’, which has no role to play here. It submits that both doctrinal and policy reasons confirm that anti-competitive object should be a category-building principle of ‘judicial rule-making’ (‘definition of the definition’) and not applicable to individual arrangements directly.

scholarly journals Multilingualism in the EU and Consistency of Private Enforcement of Competition Law: Two Examples from CEE Countries

2017 ◽  
Vol 52 (1) ◽  
pp. 165-180
Author(s):  
Anna Piszcz
Keyword(s):  
Competition Law ◽  
Private Enforcement ◽  
Public Enforcement ◽  
Eu Competition Law ◽  
Public Versus Private ◽  
Rule Making ◽  
The Eu

Abstract This paper attempts to address the question of how multilingualism in the EU might affect the consistency of private enforcement of competition law. In the literature, there have been concerns raised about the consistency of public enforcement of competition law, so in this paper attention has shifted to concerns about consistency of private enforcement. For the purposes of this paper, a distinction is drawn between rule-making and the application of competition law. The latter falls outside the scope of this paper. The article starts by going straight into aspects of public versus private enforcement of EU competition law and consistency of private enforcement of competition law. Next, by looking at examples of national rules implementing the EU Damages Directive, the author is going to discern what challenges for consistency of private enforcement of competition law are associated with the multilingualism in the EU.

The Foundations of European Union Competition Law

2011 ◽  
Author(s):  
Nazzini Renato
Keyword(s):  
Interdisciplinary Approach ◽  
Competition Law ◽  
Consumer Welfare ◽  
Case Law ◽  
Analytical Framework ◽  
Dominant Position ◽  
Eu Competition Law ◽  
The Common ◽  
Definition Of ◽  
Union Competition

Article 102 of the TFEU prohibits the abuse of a dominant position as incompatible with the common market. Its application in practice has been wide-ranging with goals as diverse as the preservation of an undistorted competitive process, the protection of economic freedom, the maximisation of consumer welfare, total welfare, or economic efficiency all cited as possible or desirable objectives. These conflicting aims have raised complex, conceptual questions such as how a dominant position should be defined, and how abuses can be assessed. This book addresses the conceptual questions underlying the test to be applied under Article 102 in light of the objectives of EU competition law. Adopting a comparative and interdisciplinary approach, the book covers all the main issues relating to Article 102, including the definition of dominance, the taxonomy of abuses, and the criteria for the assessment of individual abusive practices. It provides an in-depth doctrinal and normative commentary of the case law with the aim of establishing an intellectually robust and practically workable analytical framework for abuse of dominance.

Zum so genannten freien Wettbewerb und dem vermeintlichen Verbot vertikaler Kartelle im EU-Wettbewerbsrecht

2011 ◽  
Vol 60 (3) ◽  
Author(s):  
Felix Fuders
Keyword(s):  
Competition Law ◽  
Free Competition ◽  
Eu Competition Law ◽  
Definition Of ◽  
The Relationship ◽  
Freiburg School

AbstractAlthough a lot has been philosophised about the relationship between competition and freedom, especially in the Freiburg School of Economics, there is still no universal or generally accepted definition of so-called free competition. The article attempts to find such a definition based on the Kantian notion of freedom. The definition found then seems to make necessary a new assessment of the prohibition of vertical agreements in EU competition law.

The Effect of Meiji Government Policy on Traditional Japanese Music During the Nineteenth Century: The Case of the Shakuhachi

2013 ◽  
Vol 10 (2) ◽  
pp. 265-292
Author(s):  
Kiku Day
Keyword(s):  
Nineteenth Century ◽  
Government Policy ◽  
Turning Point ◽  
School Curriculum ◽  
Edo Period ◽  
The Social ◽  
Primary School Curriculum ◽  
Major Turning Point ◽  
Japanese Music ◽  
Modernization Process

The nineteenth century was the major turning point in traditional Japanese music, leading to changes in the musical world that rendered it well-nigh unrecognizable. With the introduction, in 1871, of a primary school curriculum in which only Western music was to be taught, traditional Japanese music began its journey to marginalization – in the end becoming a genre that sounded foreign to a majority of the inhabitants of its own native country.The vertical bamboo flute shakuhachi was particularly affected by the new Meiji government's modernization process. During the Edo period (1603–1867), mendicant monks organized in the Fuke sect had enjoyed a monopoly on playing the instrument. With the abolishment of the sect, in 1871, and the prohibition of begging for the following decade, the social position of shakuhachi players was radically changed. This article explores the ways in which shakuhachi players adapted to these changes in order to survive. That adaptation affected not only the construction of the instrument, but also the music itself.

scholarly journals Raznochintsy in the University

1981 ◽  
Vol 26 (1) ◽  
pp. 25-65 ◽  
Author(s):  
Michael Pushkin
Keyword(s):  
Nineteenth Century ◽  
University Students ◽  
Social History ◽  
Turning Point ◽  
Social Background ◽  
Revolutionary Movement ◽  
The Social ◽  
Major Turning Point ◽  
The University ◽  
Ideological Attitudes

The change in the social background of university students in nineteenth-century Russia, and in particular the “arrival of the raznochinets”, to use Mikhailovskii's celebrated term, have long been considered a major turning-point in Russian social history and a watershed in the development of the revolutionary movement. Historians have often attributed to it the chief role in producing the evolution of ideological attitudes between the “Fathers” of the 1840's and the “Sons” of the 1860's and the upsurge in radical agitation in the universities on the eve of the Emancipation of the Serfs.

scholarly journals Tourism SME sustainability social and economic challenges during pandemic: cases of Russian Federation, Georgia and Latvia

2021 ◽  
Vol 296 ◽  
pp. 05016
Author(s):  
Kristine Berzina ◽  
Marina Tsoy
Keyword(s):  
Qualitative Research ◽  
Growth Rate ◽  
Research Methods ◽  
Russian Federation ◽  
Turning Point ◽  
Tourism Industry ◽  
Descriptive Statistics ◽  
The Social ◽  
Major Turning Point ◽  
Depth Interviews

Until 2020, the tourism industry was characterized by a growth rate, the statistics highlight that globally 2019 was the tenth year with a consecutive annual growth. However, the Covid-19 pandemic marked a major turning point in the development of tourism, instead of tourism overdevelopment, the underdevelopment issues appeared in front pages of the industry news. The effects of the pandemic are intensified by the fact that tourism is a labour-intensive industry and that most companies in the sector are SMEs (small and medium sized enterprises). At this time, it is crucially important to look at sustainability issues, therefore the aim of this study is to analyse the social and economic dimensions of sustainability for tourism SMEs. Descriptive statistics as well as qualitative research methods were used to study the challenges posed by the pandemic, in-depth interviews were conducted with tourism SMEs from three different countries. The conclusions show the situation from an enterprise perspective in Russian Federation, Georgia and Latvia.

Trade union representation for new forms of employment

2019 ◽  
Vol 10 (3) ◽  
pp. 229-239
Author(s):  
Monika Schlachter
Keyword(s):  
Collective Bargaining ◽  
Trade Union ◽  
Competition Law ◽  
Collective Agreements ◽  
System A ◽  
Eu Competition Law ◽  
Bargaining Position ◽  
The Social ◽  
Scope Of Application ◽  
The Right

Defining the personal scope of application of the right to be represented by a trade union for collective bargaining purposes starts by defining the notion of employee/worker on whose behalf the conclusion of collective agreements is not disputed. In the German legal system, a sub-category of self-employed persons, known as ‘employee-like’ persons, is also included in the scope of the statute on collective agreements. For all other self-employed persons, however, no such statutory inclusion exists. They are, rather, prevented from collective price setting by (national und EU) competition law. Upon a closer look at the social purpose of exempting collective agreements from the restrictions of competition law, it is necessary to differentiate according to the existence of a structural power imbalance to the detriment of one contracting party much rather than according to the type of contract concluded. Some self-employed persons, specifically those categorised as workers under a new form of employment, do need collective bargaining as much as employees do, as they find themselves in a comparably weak individual bargaining position.

scholarly journals The Benzodiazepine Receptor: The Pharmacology of Emotion

1980 ◽  
Vol 7 (3) ◽  
pp. 243-245 ◽  
Author(s):  
H.A. Robertson
Keyword(s):  
Mode Of Action ◽  
Turning Point ◽  
Benzodiazepine Receptor ◽  
Mental Wellbeing ◽  
Biological Basis ◽  
Anxiolytic Drugs ◽  
Major Turning Point ◽  
Definition Of

SUMMARY:Anxiety seems to be an inherent and perhaps necessary component of civilization. However, the biological basis of anxiety has always been as obscure as the definition of anxiety itself. The importance of anxiety to our mental wellbeing was noted by Freud (1933) who considered it a “nodalpoint”. As in the case of schizophrenia, there have been as many hypotheses to explain anxiety as there have been investigators with different techniques for studying it. The benzodiazepines, introduced clinically in I960, are now the most widely-used anxiolytic drugs. From the time of their introduction, it was felt that an explanation of the mode of action of benzodiazepines might shed considerable light on the basis of anxiety. The discovery, in 1977, of a specific benzodiazepine receptor, uniquely localized in the CNS, was the major turning point in this search (Squires and Braestrup, 1977; Mohler and Okada, 1977).

The Making of the European Energy Market: The Interplay of Governance and Government

2008 ◽  
Vol 28 (1) ◽  
pp. 73-92 ◽  
Author(s):  
BURKARD EBERLEIN
Keyword(s):  
European Commission ◽  
Policy Process ◽  
Competition Law ◽  
Energy Market ◽  
Policy Environment ◽  
Eu Competition Law ◽  
Market Liberalisation ◽  
Private Actors ◽  
Rule Making

ABSTRACTThis case study asks whether delegated, sectoral governance by private actors and arm’s-length agencies enhances policy efficacy or does sectoral governance require a shadow of hierarchy cast by government actors to deliver desired policy results? EU energy market liberalisation shows that sectoral governance successfully mobilises regulatory expertise, capacity and legitimacy and delivers workable norms and rules for market transactions in a complex policy environment. However, it also finds that the efficacy of sectoral governance mechanisms is constrained by distributive conflicts between different national jurisdictions and sector interests. If deadlock occurs, the European Commission as governmental principal casts a double shadow of hierarchy over sectoral governance agents: the threat of further legislation and of EU competition law. While both instruments enhance policy efficacy, they cannot substitute for the intrinsic rule-making qualities of sectoral governance: governance and government play complementary roles in the policy process.

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