The Impact of the Recession on Competition Policy: Amending the Economic Constitution?

2009 ◽  
Vol 16 (3) ◽  
pp. 269-288 ◽  
Author(s):  
Stephen Wilks
2009 ◽  
pp. 54-69 ◽  
Author(s):  
A. Shastitko ◽  
S. Avdasheva ◽  
S. Golovanova

The analysis of competition policy under economic crisis is motivated by the fact that competition is a key factor for the level of productivity. The latter, in its turn, influences the scope and length of economic recession. In many Russian markets buyers' gains decline because of the weakness of competition, since suppliers are reluctant to cut prices in spite of the decreasing demand. Data on prices in Russia and abroad in the second half of 2008 show asymmetric price rigidity. At least two questions are important under economic crisis: the 'division of labor' between pro-active and protective tools of competition policy and the impact of anti-crisis policy on competition. Protective competition policy is insufficient in transition economy, especially in the days of crisis it should be supplemented with the well-designed industrial policy measures which do not contradict the goals of competition. The preferable tools of anti-crisis policy are also those that do not restrain competition.


Author(s):  
Ainhoa LASA LÓPEZ

LABURPENA: Artikulu honetan, Europar Batasuneko botere-artikulazio berriak erkidegotan osatutako Espainian zer eragin daukan aztertuko dugu. Europa mailako politika-ekonomia erlazioak funtsezko bi koordenatu izan behar ditu ezinbestean. Alde batetik, Europako konstituzio-ordena ez dela gizartearen konstituzionalismoaren koordenatuetan ernatutako ordenaren berdina. Bestetik, Europako konstituzio ekonomikoa Europa bat egiteko proiektuak berarekin dakartzan aldaketa berriak gorpuzteko eremua dela. Izan ere, funtsean, Europako konstituzio ekonomikoa plataforma ezin hobea delako boterearen artikulazioa berria nola artikulatu asmatzeko, Europa guztirako. RESUMEN: el objetivo de este artículo es analizar el impacto que tiene la nueva articulación del poder en la Unión Europea en el Estado español de las autonomías. La relación política-economía a nivel europeo debe tener en cuenta dos coordenadas fundamentales. Por una parte, la consideración del orden constitucional europeo como un orden distinto al gestado bajo las coordenadas del constitucionalismo social. Por otra, la caracterización de la constitución económica europea como ámbito de materialización de las nuevas transformaciones que incorpora el proyecto de integración europeo. Fundamentalmente, porque la constitución económica europea representa la plataforma idónea desde la que dilucidar la nueva articulación del poder desde el espacio supranacional europeo. ABSTRACT: The aim of this paper is to analyse the impact of the new articula tion of power in the European Union in the Spanish state of autonomies. The relationship between politics and economy at European level must take into consideration two fundamental coordinates. On the one hand, the Euro pean constitucional system appears as a system opposite to that of social constitutionalism. Moreover, the characterization of the European economic constitution as a field of realization of the new transformations incorporated by the European project. Specially, because this represents the ideal platform in order to analyse the new articulation of power from European supranational space.


Author(s):  
Malcolm Abbott ◽  
Bruce Cohen

This chapter looks more specifically at the reform process leading up to the making of the Competition Principles Agreement in 1995. It also provides an examination of what this Agreement meant for the utilities sector more specifically. In doing so it explores the relationship between the state and federal governments and the impact that this had on the development of the National Competition Policy. The main principles of the Policy that were applicable to the utilities sector are explained, as well as the general background of the reform process and the Competition Principles Agreement 1995.


2019 ◽  
Vol 12 (3) ◽  
pp. 669-690
Author(s):  
Ngoc Son Bui

Abstract A constitution is not purely a legal document. Neither is it only a political manifesto. It is also an economic charter which expresses a country’s economic hopes and aspirations, and regulates economic activities of constitutional stakeholders. This paper adumbrates a framework to understand the economic constitutions in the developing world. It explores the direct concept of an economic constitution, which refers to a constitution deriving from an overarching economic rationale, created or reformed through a process operating as a platform for different sectors of the society to deliberate economic questions, and consequently addressing national economic identity, principles, rights, and structural institutions in its substantive contents. Economic constitutions have two main functions: expressive and regulative. The tentative explanatory factors that may account for similarities and differences in the economic constitutions in developing countries include: the pre-existing economic conditions, the institutional setting, the national ideology, and the impact of globalization. The findings of this study offer systematic implications for the study of developing countries actively pursuing constitutional and economic development.


Author(s):  
Stephen Wilks

This chapter examines the European Union’s competition policy and how its effectiveness has steadily increased in terms of controlling restrictive practices, abuse of dominant position, mergers, state aid, and the liberalization of utilities. It considers how the central dominance of the Directorate-General for Competition (DG COMP) in the European Commission has been perpetuated and how competition policy has become a supranational policy competence which can be regarded as an ‘economic constitution’ for Europe. The chapter also discusses the decentralization of antitrust enforcement to the national agencies and courts through the ‘Modernization Regulation’ of 2003, as well as a ‘turn to economics’ in which economic analysis has been substituted for legal tests to move towards an ‘effects-based’ (effect on competition) interpretation of the law.


2021 ◽  
Author(s):  
◽  
Murray Campbell Petrie

<p>Despite intense debate over the impact of globalisation on state sovereignty, there is a gap in the literature on conceptualisation, measurement, and research on the depth of international policy cooperation. This thesis introduces a new concept, jurisdictional integration, defined as international agreements that constrain, to varying degrees, a state's jurisdiction to make or enforce policies free from external involvement. State jurisdiction - the recognized authority to govern by domestic law - is a more coherent and tractable concept than the traditional concept of Westphalian sovereignty. A generic spectrum of points of increasing integration of state jurisdiction is presented, together with a taxonomy of points of increasing depth of international economic policy cooperation. The practicality and value of the framework is illustrated in two ways. First, an empirical analysis is presented of the depth of jurisdictional integration in Regional Trade Agreements (RTAs), using WTO data, to test hypotheses of the relationship between economic integration and the depth of policy cooperation in RTAs. The results indicate that the average frequency of occurrence of the deep policy cooperation provisions increased by 118% in RTAs signed 1990-1998 compared to those signed prior to 1990. Secondly, international cooperation in competition policy is analysed through compilation of a new database of stand-alone Competition Enforcement Agreements (CEAs), and the provisions in the Competition Policy Chapters of RTAs. Ordinal indices of increasing depth of jurisdictional integration with respect to competition policy are developed. New families of agreements are identified through vector analysis. Ninety-two international agreements are ranked on an enforcement cooperation index, and are used to test descriptive propositions about international competition policy cooperation. There are an increasing number of North-South agreements; and there has been both a widening and deepening of enforcement cooperation over time. Contingency table analysis is conducted of the relationship, given the existence of an agreement, between depth of enforcement cooperation and predictor variables. Whether all signatories are OECD members is a very good predictor of deep enforcement cooperation. A lack of similarity between substantive competition laws is a very good predictor of low enforcement cooperation. The level of trade integration is a moderately good predictor of the depth of enforcement cooperation; while geographic proximity is a good predictor for RTAs but not for CEAs. The depth of cooperation is almost independent of the level of economic asymmetry between signatories. These results are consistent with theories of regulatory competition and elite norm diffusion as causal mechanisms of increased international economic policy cooperation. The depth of enforcement cooperation is also found to be a very good predictor of whether agreements are "intergovernmental" or transgovernmental. The thesis suggests that the concept of jurisdictional integration can make a significant contribution to measuring the depth of all types of international economic cooperation agreements, and potentially also to cooperation in noneconomic domains; to research on the causes and consequences of international policy cooperation; and to policy development and public debate on the management of globalisation.</p>


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