7. The fight against cartels

Author(s):  
Ariel Ezrachi

‘The fight against cartels’ assesses the fight against cartel agreements. When unchallenged and undetected, cartel activity can distort competition and significantly harm consumer welfare and trade. Policy makers have described cartel activity as a cancer in a modern market economy, the effects of which are entirely negative. The law reflects this view by treating cartel activity as unambiguously bad, thus prescribing harsh financial penalties and sanctions to violators. Competition agencies position these illicit activities high on their enforcement agenda. There are a number of leniency programmes which incentivize cartel members to approach the agency and confess their participation. Both the US and EU investigated the Air Cargo Cartel.

Author(s):  
ARTAN QERKINI

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.


Author(s):  
Vladimir Kontorovich

The academic study of the Soviet economy in the US was created to help fight the Cold War, part of a broader mobilization of the social sciences for national security needs. The Soviet strategic challenge rested on the ability of its economy to produce large numbers of sophisticated weapons. The military sector was the dominant part of the economy, and the most successful one. However, a comprehensive survey of scholarship on the Soviet economy from 1948-1991 shows that it paid little attention to the military sector, compared to other less important parts of the economy. Soviet secrecy does not explain this pattern of neglect. Western scholars developed strained civilian interpretations for several aspects of the economy which the Soviets themselves acknowledged to have military significance. A close reading of the economic literature, combined with insights from other disciplines, suggest three complementary explanations for civilianization of the Soviet economy. Soviet studies was a peripheral field in economics, and its practitioners sought recognition by pursuing the agenda of the mainstream discipline, however ill-fitting their subject. The Soviet economy was supposed to be about socialism, and the military sector appeared to be unrelated to that. By stressing the militarization, one risked being viewed as a Cold War monger. The conflict identified in this book between the incentives of academia and the demands of policy makers (to say nothing of accurate analysis) has broad relevance for national security uses of social science.


1994 ◽  
Vol 20 (1-2) ◽  
pp. 203-229
Author(s):  
John D. Blum

National economies worldwide are in disarray, evidenced by escalating debts and growing deficits. As countries struggle with their faltering economies they are hard pressed to fulfill commitments of social programs made in more prosperous times, much less take on new government initiatives. The current experiences in health reform in the United States present an interesting example of the dilemmas governments now face when they embark on new ventures. While great political pressures have been launched and high expectations abound, the reality of American health reform quickly reveals that expanded access will come at a high price that won't be offset easily by conventional cost containment or market forces.In the search for an acceptable model for health reform, it was popular for policy makers and academics to turn their attentions to the health systems of other nations. Recommendations were made that the US should adopt a German or Canadian solution for our health problems.


Author(s):  
Sarah Raifman ◽  
M. Antonia Biggs ◽  
Lauren Ralph ◽  
Katherine Ehrenreich ◽  
Daniel Grossman

Abstract Introduction Twenty-four states have at least one law in place that could be used to prosecute people for self-managed abortion (SMA), or the termination of a pregnancy outside of the formal healthcare system. We investigated factors associated with public attitudes about SMA legality and legal access to abortion more generally. Methods In August 2017, we surveyed a nationally representative sample of English- and Spanish-speaking women ages 18–49 years in the United States (US) using Ipsos Public Affairs’ KnowledgePanel. Unadjusted and adjusted multinomial logistic regression estimates identify characteristics associated with believing that SMA should not be against the law, compared to should be against the law, with weighting to account for sampling into the panel. Results Overall, 76% (95% CI: 74.3%-77.1%) and 59% (95% CI: 57.3%-60.4%) of participants (n = 7,022, completion rate 50%) reported that abortion and SMA, respectively, should not be against the law; 1% and 19% were unsure. Among those living in a state with at least one law that could be used to prosecute an individual for SMA, the majority (55%, 95% CI: 52.7%-57.9%) believed SMA should not be against the law. Factors associated with believing SMA should not be against the law, compared to should be against the law, included prior abortion experience and higher levels of education and income. Conclusion Most reproductive age women in the US believe that SMA should not be criminalized. There is more uncertainty about SMA legality than about the legality of abortion more generally. Policy Implications US laws that criminalize SMA are not supported by the majority of the people living in their jurisdictions.


2021 ◽  
pp. 1-15
Author(s):  
JOERGEN OERSTROEM MOELLER

Over the last 25 years, Asia’s economic rise has been extraordinary. Its share of global gross domestic product (GDP) has risen from 5.8% to 22.9%. 1 The first phase of high economic growth — up to 1995 — saw Asia enter the global supply chain primarily with labor-intensive/low-cost manufacturing. Domestic consumption was a fairly low share of GDP; Asia was manufacturing mainly for consumption in the US and Europe. As such, it was primarily a rule-taker. In the second phase — from 1995 to 2020 — it gradually turned into an economic force joining the US and Europe in shaping the global economy, exercising significant influence upon the value chain, the cycles of the global economy, transport and logistics, the global capital markets and consumption patterns (consumer preferences and tastes). While not yet among the leading rule-makers, it had become difficult for policymakers (public and private) to make decisions without Asia’s consent. To form an opinion of today’s emerging third phase — post 2020 — the intriguing question is whether the Asian countries have adopted what may be termed Anglo-American economic thinking (basically, the primacy of the market). Or whether behind the curtain, the Asian economy works in its own way diverging from the American and British economic schools. Since demographics and sheer economic scale mean that Asia will dominate the global economy in the years to come, the nature of the Asian economy will be of crucial importance for the future global economy. The conclusion of this paper is that “Asia” in many respects differs — and fundamentally so — from market economy principles. How this prospect should be interpreted is also evolving, as circumstances change. Certainly, the repercussions of COVID-19 have not been the same in the US, Europe, East Asia and South Asia — and this may suggest that socio-political structures have a stronger impact on economic outcomes than economic theory teaches, thus calling into question the global validity of market economy principles.


1994 ◽  
Vol 24 (1) ◽  
pp. 38
Author(s):  
Victor Purba

"Section 301" memberikan wewenang luas kepada Presiden AS untuk mengambil tindakanpembalasan terhadap praktek-praktek perdagangan negara asing yang dianggap merugikan AS. Keampuhan Section 301 ini antara lain berhasil membuka pasar bagi barang-barang Amerika di luar negeri. Umpamanya Jepang, yang akhirnya bersedia menerima penjualan alat-alat telekomunikasi, jeruk dan daging asal AS. Namun, ancaman Section 301 tidak selalu berhasil membuka pasar luar negeri. Sengketa kemudian diselesaikan dalam pertemuan-pertemuan GATT.


2007 ◽  
Vol 37 (4) ◽  
pp. 514
Author(s):  
Mutiara Hikmah

AbstrakThis article giving elaboration regarding Bank Indonesia role as centralbank that hold significant's role and position in Indonesian economicprogress, so Bank Indonesia ought to take position in the change of economicsystem from command economy to market economy. Considering thatcircumstance the role of Bank Indonesia under Article 23D of Constitution ofRepublic Indonesia has been endorsed to promulgating Peraturan BankIndonesia (Bank Indonesia Regulation) which is has same level withPresidential regulation. That regulation considers to the Bank Indonesiaroles to accomplishing through implementation of Law Number 23 year 1999regarding Bank Indonesia. Under the Law central bank have responsibilityto assure and conserve toward rupiah stability. monetary policy. continuityof payment system and banking supervision


2018 ◽  
Vol 29 (4) ◽  
pp. 459-478
Author(s):  
Michelle Egan ◽  
Maria Helena Guimarães
Keyword(s):  

2016 ◽  
Vol 15 (2) ◽  
pp. 516-539 ◽  
Author(s):  
Kati Nieminen

This article takes violence in the law seriously, scrutinizing three sites engaged in violent subject production and resistance: the Guantanamo Bay detention center, supermax prisons in the US, and European refugee camps. The concepts of martyring and torturing serve help to untangle the dynamics of the law’s violence. The violent subject production techniques used in these sites are discussed as torture practices that aim to reproduce the dominant subjectivity. As the law has often proved unable to fully address the situation of the detainee, the prisoner, and the refugee, hunger striking as martyring is discussed as a way to deconstruct hegemonic subjectivity and to force the law to face its own violence.


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