Part III Practical Challenges, 10 European Antitrust Criminalization and the Third Challenge of Design: Identifying the Desirable Enforcement Strategies

2014 ◽  
Author(s):  
Whelan Peter
Keyword(s):  
International Cooperation ◽  
Public Support ◽  
Political Support ◽  
Antitrust Enforcement ◽  
International Support ◽  
The Third ◽  
Antitrust Authority ◽  
The Law

This chapter examines the third challenge of design for European antitrust criminalization: the identification of important enforcement strategies that help to ensure that the criminal cartel regime is effective in practice. These strategies were categorized into four distinct imperatives: (i) avoiding the ‘compliance trap’; (ii) securing sufficient support from stakeholders in the project of antitrust criminalization; (iii) designing effectively the criminal antitrust enforcement agency/agencies; and (iv) securing international support for the enforcement efforts of the criminalized cartel regime. The ‘compliance trap’ occurs when political support for the moral seriousness of the law which an (antitrust) authority must enforce is lacking. To secure public support for cartel criminalization, the authorities must engage in considerable educative efforts regarding the nature of cartel activity. A particular disadvantage of the criminalization of cartel activity is the need for international cooperation combined with the possible lack of desire of other jurisdictions to provide such cooperation when imprisonment could occur.

Practice of the Appeal Board of the Federal Criminal Service of Russia (scientific review of the most significant cases considered in the first quarter of 2020)

2020 ◽  
pp. 106-110
Author(s):  
O. A. Moskvitin ◽  
I. P. Bochinin
Keyword(s):  
Law Enforcement ◽  
Civil Service ◽  
Unfair Competition ◽  
Scientific Review ◽  
The Third ◽  
Antitrust Authority ◽  
Antitrust Legislation ◽  
The Law ◽  
Federal Civil Service

In this review of the decisions of the Appeals Board of the Federal Criminal Service of Russia, the authors consider cases for the first quarter of 2020, containing legal positions important for maintaining uniformity of the law enforcement practice of antitrust authorities. Thus, the first of the cases considered shows the importance of observing the procedure for considering cases of violation of antitrust legislation, in particular, the procedure for forming a commission, the violation of which will lead to the annulment of acts of the territorial antitrust authority. In the second case, the Appeal Board of the Federal Civil Service of Russia addresses the question of the validity of concluding a state contract with a single supplier. The third solution considered addresses the always pressing problem of proving unfair competition.

Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract Law

2018 ◽  
Author(s):  
Chen Lei
Keyword(s):  
Direct Action ◽  
Contract Law ◽  
Third Party ◽  
Chinese Law ◽  
The Third ◽  
Right Of Action ◽  
The Law ◽  
The Third Party ◽  
The Right

This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the debtor is liable to the creditor. The author regards this as leaving unanswered the question of whether the thirdparty has a right of direct action against the debtor. One view regards the third party as having the right to sue for the benefit although this right was ultimately excluded from the law. Another view, supported by the Supreme People’s Court, is that Article 64 does not provide a right of action for a third party and merely prescribes performance in ‘incidental’ third party contracts. The third view is that there is a third party right of action in cases of ‘genuine’ third party contracts but courts are unlikely to recognize a third party action where the contract merely purports to confer a benefit on the third party.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Law and Economics

2020 ◽  
pp. 84-102
Author(s):  
Daniel B. Kelly
Keyword(s):  
Economic Analysis ◽  
First Generation ◽  
Law And Economics ◽  
Private Law ◽  
Foreseeable Future ◽  
Business Associations ◽  
The Third ◽  
Starting Point ◽  
The Law ◽  
The Impact

This chapter analyzes how law and economics influences private law and how (new) private law is influencing law and economics. It focuses on three generation or “waves” within law and economics and how they approach private law. In the first generation, many scholars took the law as a starting point and attempted to use economic insights to explain, justify, or reform legal doctrines, institutions, and structures. In the second generation, the “law” at times became secondary, with more focus on theory and less focus on doctrines, institutions, and structures. But this generation also relied increasingly on empirical analysis. In the third generation, which includes scholars in the New Private Law (NPL), there has been a resurgence of interest in the law and legal institutions. To be sure, NPL scholars analyze the law using various approaches, with some more and some less predisposed to economic analysis. However, economic analysis will continue to be a major force on private law, including the New Private Law, for the foreseeable future. The chapter considers three foundational private law areas: property, contracts, and torts. For each area, it discusses the major ideas that economic analysis has contributed to private law, and surveys contributions of the NPL. The chapter also looks at the impact of law and economics on advanced private law areas, such as business associations, trusts and estates, and intellectual property.

scholarly journals Selling international law enforcement: Elite justifications and public values

2020 ◽  
Vol 7 (3) ◽  
pp. 205316802095678
Author(s):  
Melissa M. Lee ◽  
Lauren Prather
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Public Support ◽  
International Order ◽  
Third Party ◽  
Public Values ◽  
Norm Enforcement ◽  
The Usa ◽  
The Law ◽  
Order Increase

International law enforcement is an understudied but indispensable factor for maintaining the international order. We study the effectiveness of elite justifications in building coalitions supporting the enforcement of violations of the law against territorial seizures. Using survey experiments fielded in the USA and Australia, we find that the effectiveness of two common justifications for enforcement—the illegality of a country’s actions, and the consequences of those actions for international order—increase support for enforcement and do so independently of two key public values: ideology and interpersonal norm enforcement. These results imply elites can build a broad coalition of support by using multiple justifications. Our results, however, highlight the tepidness of public support, suggesting limits to elite rhetoric. This study contributes to the scholarship on international law by showing how the public, typically considered a mechanism for generating compliance within states, can impede or facilitate third-party enforcement of the law between states.

The Judicial Council of the State of New York; Its Objectives, Methods, and Accomnlishments. I

1941 ◽  
Vol 35 (5) ◽  
pp. 933-940
Author(s):  
Leonard S. Saxe
Keyword(s):  
New York ◽  
New York State ◽  
The State ◽  
York State ◽  
The Third ◽  
The Law ◽  
Substantive Law

The Judicial Council and Its Objectives. My assignment is to implement Professor Sunderland's brilliant primer on judicial councils by a more specific presentation utilizing the experiences of the New York State Judicial Council. Of the three elements that enter into a consideration of the judicial branch of government, the first—the substantive law, the law of rights and duties—is not within the province of the judicial council either in New York or elsewhere. The second element—the machinery of justice—is the principal field of the judicial council. If the council does its work well in that field, attention cannot fail to be focused upon the third and most important element—also part of a judicial council's problems—the judicial personnel.

The New Japanese Electoral Law

1926 ◽  
Vol 20 (2) ◽  
pp. 392-395
Author(s):  
Harold S. Quigley
Keyword(s):  
Primary School ◽  
House Of Representatives ◽  
General Election ◽  
School Teachers ◽  
Primary School Teachers ◽  
The Third ◽  
Government Contractors ◽  
The Law ◽  
Electoral Law

A new statute for the election of members of the House of Representatives was promulgated in Japan on May 5, 1925, and will be applicable in the next general election. It is Japan's fourth electoral law, the previous ones having been promulgated in 1889, 1900, and 1919, respectively. All three of the earlier laws based the suffrage upon a tax-paying qualification, the first requiring voters to pay fifteen yen in direct national taxes, the second reducing the required tax to a minimum of ten yen, the third decreasing it still further to three yen. The present law abolishes the tax-paying qualification and provides that all males twenty-five years of age and over, who are not otherwise disqualified, and who do not receive “public or private relief or help for a living, on account of poverty,” shall be entitled to exercise the suffrage. In addition to paupers and vagabonds, there continue to be excluded from the franchise active members of the army and navy, certain classes of civilian officials, women, and the heads of noble houses. Priests, religious teachers, primary school teachers, government contractors, and certain classes of students hitherto unenfranchised now gain the suffrage and may become candidates for election. Under the law of 1889 the franchise was exercisable by 450,000 men, and under that of 1900 by 983,000; the act of 1919 increased the electorate to 2,860,000; while the present law raises it to an estimated total of 12,000,000.

scholarly journals Public and Private Ownership in the Iranian Constitution: Principle 44, A Barrier for Development

2017 ◽  
Vol 10 (4) ◽  
pp. 73
Author(s):  
Ahmad Torabi
Keyword(s):  
Case Studies ◽  
Economic Impacts ◽  
Private Ownership ◽  
Public Ownership ◽  
Public And Private ◽  
The Third ◽  
Public Property ◽  
Legal Challenges ◽  
The Law ◽  
The Government

The Iranian legislator has sought to protect public property and public ownership in the Iranian Constitution in accordance with Islamic principles, terms and procedures. There are a number of principles that have been directly applied to this purpose; however, one principle has had a very significant impact on government domination of the economy of Iran: principle 44. This principle does not directly describe public property; rather, it aims to determine the areas that are under public ownership and are administered by the government. However, the principle has some contradictions and legal challenges in itself. In addition, the supplementary law that has been enacted to provide the areas for the enforcement of principle 44 fails to secure the aims of the legislator. Therefore, this paper analyses legal challenges of the principle, as well as its supplementary law, and gives suggestions to solve the challenges.This paper is divided into four sections. The first section provides an analysis of the principle itself, and its relationship and consistency with other principles of the constitution. In the second section, the Law of Implementation of Principle 44 and the legal challenges that arise from it will be discussed. The third section focuses on the negative economic impacts of this law, as well as case studies of it. Lastly, the paper provides a summary of suggestions to amend this law.

scholarly journals A THEORY OF AGENCY LAW

2011 ◽  
Vol 72 (3) ◽  
Author(s):  
Paula J Dalley
Keyword(s):  
Cost Benefit ◽  
Modern World ◽  
Unified Theory ◽  
Internalization Theory ◽  
Agency Relationship ◽  
The Third ◽  
The Law ◽  
The Cost ◽  
To Receive

Despite the ubiquity of agents in the modern world, agency law does not have a coherent explanation or unified theory. The Restatement (Third) of Agency updates and attempts to explain the law, but its explanations are limited in scope and at times unpersuasive. Like other contemporary commentary on agency law, the Third Restatement draws from contract and tort theory, an approach which ignores the unique features of agency law. Agency law enables principals to act through agents; it also ensures that principals using agents do not thereby escape liability or other consequences of their choices. This paper develops a theory to fit agency law. The "costbenefit internalization theory" is based on the simple premise that the principal, who has chosen to conduct her business through an agent, must bear the foreseeable consequences of that choice. Conversely, as the bearer of the risks, the principal is entitled to receive the benefits created by the agency relationship. The cost-benefit internalization theory explains and illuminates virtually all agency law doctrine.

scholarly journals UNIVERSITIES OF THE THIRD AGE AS A CHANCE FOR SENIORS TO INTEGRATE INTO THE MULTICULTURAL SOCIETY

2019 ◽  
Vol 9 (1) ◽  
pp. 8-11
Author(s):  
ŽANETA BALÁŽOVÁ
Keyword(s):  
European Union ◽  
International Cooperation ◽  
Communication Skills ◽  
English Language ◽  
The European Union ◽  
Multicultural Society ◽  
Third Age ◽  
Knowledge And Skills ◽  
The Third ◽  
The World

International cooperation, visiting new countries, meeting new people from all over the world are typical features of these days. The Universities of the Third Age as institutions focused on senior education and their opportunities to help people of older age familiarize with new cultures, it means to integrate into the multicultural society are presented in the paper. The European Union, especially the Erasmus+ program offers chances to students of all ages as well as seniors to enhance the knowledge and skills abroad, to make friends and to improve communication skills in English language.

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