12. The international dimension of competition law

2021 ◽  
pp. 511-535
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
International Institutions ◽  
Theoretical Perspective ◽  
Harmful Effect ◽  
Competition Law ◽  
International Competition ◽  
The European Union ◽  
Sovereign State ◽  
International Dimension ◽  
Law And Policy ◽  
The Us

This chapter explores the international dimension of competition law from two perspectives. It begins by describing the growth of international institutions involved in the development of competition law and policy, with particular reference to the International Competition Network (the ‘ICN’), the Organisation for Economic Cooperation and Development (the ‘OECD’) and the United Nations Conference on Trade and Development (‘UNCTAD’). It then looks at a more technical issue, which is the extent to which a sovereign state (or the European Union) can apply its competition law extraterritorially to conduct beyond its borders that has a harmful effect within it: this will briefly be considered from a theoretical perspective, after which the positions in the US, EU and UK will be examined in turn. The chapter concludes by briefly examining the extent to which a state may wish to block the application of a foreign competition law to its businesses.

scholarly journals Enhanced Digitalisation and Competition Law Enforcement in Slovakia

2021 ◽  
Vol 11 (2) ◽  
pp. 83-101
Author(s):  
Mária T. Patakyová
Keyword(s):  
Law Enforcement ◽  
Slovak Republic ◽  
Theoretical Perspective ◽  
Competition Law ◽  
Theoretical Background ◽  
Point Of View ◽  
The European Union ◽  
Theoretical Concepts ◽  
Competition Law Enforcement ◽  
Eu Competition Law

Abstract Digitalisation is a challenge from the regulatory point of view. Competition law, as a special type of regulation, is no exception to this. The article explores the risks of digitalisation, especially the ones related to the enhanced use of pricing algorithms. In theory, pricing algorithms are not easily assessed from the perspective of competition law, let alone its application in practice. The prohibition of anticompetitive agreements (pursuant to Article 101 of the Treaty on Functioning of the European Union (TFEU)) is applied with certain difficulty to agreements created by using pricing algorithms. This is an unfortunate situation, as horizontal agreements represent one of the worst infringements of EU competition law, including price cartels or bid rigging. Apart from presenting a theoretical background, the article dives into the practice of the Antimonopoly Office of the Slovak Republic (AMO) in order to assess which practical issues the AMO might face when applying the theoretical concepts. In sum, the article asks from a theoretical perspective which issues of competition law have been introduced (or deepened) by the enhanced digitalisation, looking in particular to pricing algorithms. On top of that, the article explores the issues which may be encountered in practice, taking the Slovak jurisdiction as the example. The willingness and feasibility of the AMO to enforce digital issues such as pricing algorithms is assessed based on the previous acts of the AMO as well as the new Act on Protection of Competition, adopted by the Slovak parliament on 11 May 2021.

11. The international dimension

2021 ◽  
pp. 118-125
Author(s):  
Ariel Ezrachi
Keyword(s):  
Competition Law ◽  
Domestic Markets ◽  
International Dimension ◽  
Foreign Companies ◽  
The Us ◽  
Antitrust Laws ◽  
Competitive Activity ◽  
Competition Laws ◽  
Legal Concepts ◽  
The Given

‘The international dimension’ examines the international dimension of competition laws. In order to protect their domestic markets, competition agencies often need to apply their national laws beyond the boundaries of their state. Extraterritoriality in competition law commonly relies on one of two legal concepts. The first extends a competition regime’s jurisdiction to activities which have an effect on that regime’s markets. The second requires ‘implementation’ of anti-competitive activity within the given territory as a condition for extraterritorial application of domestic laws. In the US, the effects doctrine enabled the enforcement of antitrust laws on foreign companies. In the EU, both the effects and implementation doctrines may be used.

scholarly journals COLLECTIVE DOMINANCE IN COMPETITION LAW AND POLICY OF THE EUROPEAN UNION: AN ASSESSMENT

2012 ◽  
Vol 17 (1) ◽  
Author(s):  
Mia Mahmudur Rahim
Keyword(s):  
European Union ◽  
National Level ◽  
Competition Law ◽  
Policy Framework ◽  
The European Union ◽  
Community Institutions ◽  
Market Opening ◽  
Law And Policy ◽  
Economic Perspectives ◽  
Collective Dominance

The European Commission, supported by the European Courts, developed the framework for competition law and policy in Europe. One of the main purposes of this policy is to build a conceptual and legal foundation to promote market opening and to strengthen community institutions. In this policy framework, ‘collective dominance’ of firms in the European market is the utmost important issue. To deal with this issue, the competition law of the European Union is now relying more on the extensive network of national-level authorities and applying broadly consistent substantive rules. The notion of ‘collective dominance’ in European competition policy is in transition towards policy based on market-center economic considerations as regulations and guidelines increasingly follow an analytic format based on economic perspectives. 

scholarly journals Consequences of Brexit on the competition law and policy of the United Kingdom and the European Union

2021 ◽  
Vol 60 (91) ◽  
pp. 191-210
Author(s):  
Aleksandar Mojašević ◽  
Stefan Stefanović
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Competition Law ◽  
The European Union ◽  
The United Kingdom ◽  
Law And Policy ◽  
Eu Competition Law ◽  
The Uk ◽  
The Eu ◽  
Cartel Policy

The subject matter of this paper are the short-term and long-term consequences of Brexit, a historical event and a turning point in the development of the European Union (EU), as well as for the United Kingdom (UK) and the EU competition law and policy. The article first provides a comparative analysis of the historical development of legal regulation of competition in the UK and the EU, including relevant cases from the practice of competition authorities. In particular, the authors focus on the decisions of the European Commission regarding anti-cartel policy. The article further examines to what extent Brexit will influence the mergers and acquisitions policy, antitrust policy, anti-cartel policy, and state aid policy in the UK and the EU. The central question refers to the extent of Brexit's influence on the change of the UK and the EU business environment, and the repercussions that this change will have for the competition law. In the concluding remarks, the authors discuss the direction of future development of the UK competition law, particularly in terms of whether and to what extent the UK law will be harmonized with the EU competition law and case law in this area, or whether there will be a radical turn towards adopting a completely new concept of competition law and policy.

12. The international dimension of competition law

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Final Section ◽  
Competition Law ◽  
International Competition ◽  
International Organisations ◽  
International Dimension ◽  
Competition Rules ◽  
Extraterritorial Jurisdiction

This chapter explores the international dimension of competition law. Along with the introduction of the theory of extraterritoriality, sections 2 to 6 are concerned with two questions. The first issue is whether an offended country could apply its competition rules extraterritorially against an undertaking or undertakings in another country behaving anti-competitively. The second issue is whether there should be laws or so-called ‘blocking statutes’ to prevent the ‘excessive’ assertion of extraterritorial jurisdiction. However, the international dimension of competition law has undoubtedly evolved beyond these somewhat parochial concerns: the final section describes the work of international organisations, such as the International Competition Network (‘the ICN’), which encourages cooperation between competition authorities, and more importantly fosters convergence between competition policies, procedures and substantive analysis.

scholarly journals Antidumping Procedures and Macroeconomic Factors: A Comparison between the United States and the European Union

2006 ◽  
Vol 6 (3) ◽  
pp. 1850092
Author(s):  
Mustapha Sadni Jallab ◽  
René Sandretto ◽  
Monnet Benoît Patrick Gbakou
Keyword(s):  
United States ◽  
European Union ◽  
The United States ◽  
International Competition ◽  
The European Union ◽  
Macroeconomic Factors ◽  
Real Gdp ◽  
The Us ◽  
The Relationship ◽  
The Eu

This paper aims at extending some recent publications about the relationship between antidumping filings and macroeconomic factors by comparing the United States (US) and the European Union (EU), two major users of antidumping procedures. Results of our estimations confirm that the exchange rate exerts a similar influence in the two countries. Fluctuations in the real GDP influence antidumping filings only in the US. On the contrary, the evolution of industrial production does not play an important role in the US, while its impact is important in Europe. The reinforcement of international competition appears to significantly increase antidumping filings in the US while this relationship turns out not to be significant in Europe. Finally, some of the most important differences between the US and the EU seem to be explainable by the differences of rules and practices implemented by the regulatory authorities.

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