Competition Law in Europe

2020 ◽  
pp. 103-114
Author(s):  
David J. Gerber
Keyword(s):  
Reference Point ◽  
Competition Law ◽  
Institutional Arrangements ◽  
The Other ◽  
Multiple Voices ◽  
The Us ◽  
National Boundaries ◽  
Substantive Law ◽  
European Competition Law

European competition law is the other central player in the competition law world, so an entire chapter is devoted to understanding how it works and how to deal with it. Virtually all firms operating beyond their own national boundaries need to pay attention to it, many regimes use it as a model and reference point, and its institutions have broad and often deep influence on many others. Some aspects of the substantive law are similar to US antitrust, but the similarities are sometimes misleading. For example, EU law uses economic analysis in ways that often differ from how it is used in the US. Procedural and institutional arrangements are often complicated. They represent multiple voices, as national and EU institutions function together to create, apply, and enforce competition law. The chapter reveals how this system functions and what factors guide decisions in it. It looks, in particular, at the institutional arrangements between the EU and its member states, including the role of the European Competition Network.

THE INFLUENCE OF FAIR COMPETITION ON THE MANAGEMENT OF PUBLIC UNDERTAKINGS

2013 ◽  
Vol 8 (1) ◽  
pp. 42-54
Author(s):  
Camille Carbonnaux
Keyword(s):  
A Priori ◽  
Practical Importance ◽  
Competition Law ◽  
Legal Aspects ◽  
The Other ◽  
Common Features ◽  
Fair Competition ◽  
Management Perspective ◽  
The Common ◽  
European Competition Law

Since the 1990s, European judicial and normative institutions have paid particular attention to the competitive practices of public undertakings. Consequently, their regime is governed by a significant number of rules pursuing objectives appearing, a priori, contradictory. In fact, public undertakings may experience difficulties in their management. In this context, an approach of public competition law through the prism of fair competition can be very useful. Regarding the uniformity of its judgment, fair competition appears as an objective capable of coordinating rules and overcoming their contradictions. It thereby offers a global and coherent reading plan of all the legal translations of the European competitive order being of some practical importance. In illuminating the common features of the different legal aspects of competition, we can easily switch from one to the other. It therefore makes the European approach to competition more accessible and understandable. Furthermore, and most importantly, it leads to identifying legal opportunities and threats in a cross-disciplinary way. So, from a “Law & Management” perspective, it appears to be a precious tool for the management of public undertakings. Key words: European competition law, public undertakings, fair competition, “Management & law”.

Us Antitrust Law: Central, but Unique

2020 ◽  
pp. 91-102
Author(s):  
David J. Gerber
Keyword(s):  
Practical Importance ◽  
Competition Law ◽  
Antitrust Law ◽  
Basic Principles ◽  
Judicial Decisions ◽  
Rule Of Reason ◽  
Institutional Structures ◽  
Per Se ◽  
Substantive Law

US antitrust law has long influenced all who deal with competition law—sometimes as a model, sometimes as a source of experience and insights, and sometimes as a surrogate for an “international standard.” It also has great practical importance in international business. This chapter provides information and insights necessary for understanding its roles and engaging with its rules and procedures. The chapter explains its institutional structures, basic principles of substantive law, and the central role of economic analysis in deciding cases. In particular, it throws light on the unique way in which judicial decisions (case law) guide decisions in all institutions and on the central significance of the categories of “rule of reason” and “per se treatment.” It also provides insights into the dynamics of the regime—the factors that drive antitrust decisions. It also sketches the ways in which it exercises influence on other competition law regimes.

scholarly journals International Law of State Responsibility and COVID-19: An Ideology Critique

2021 ◽  
Vol 39 (1) ◽  
pp. 105-121
Author(s):  
Robert Knox ◽  
Ntina Tzouvala
Keyword(s):  
Infectious Diseases ◽  
International Law ◽  
The Other ◽  
State Responsibility ◽  
Ideology Critique ◽  
Capitalist Production ◽  
Global Pandemic ◽  
The Us ◽  
The One

Abstract Despite minimal prospects of success, international lawyers spent the first few months of the global pandemic discussing whether the rules of state responsibility could be invoked against states, especially China, for their acts and omissions regarding COVID-19. In this piece, we take these debates seriously, if not necessarily literally. We argue that the unrealistic nature of these debates does not make them irrelevant. Rather, we propose an ideology critique of state responsibility as a legal field. Our approach is two-fold. First, we argue these debates need to be situated within the rise of geopolitical competition between the US and its allies on the one hand and China on the other. In this context, state responsibility is always laid at the feet of one’s opponents. Secondly, we posit that my emphasising the role of states, recourse to state responsibility renders invisible the role of transnational processes of capitalist production and exchange that have profound effects on nature and set the stage for the emergence and spread of infectious diseases. Drawing from the work of the geographer Neil Smith, we argue against the ‘naturalisation’ of disasters performed much of the international legal discourse about COVID-19.

scholarly journals Stumbling Towards the UK’s New Administrative Settlement: A Study of Competition Law Enforcement After Brexit

2018 ◽  
Vol 20 ◽  
pp. 233-251
Author(s):  
Joe TOMLINSON ◽  
Liza LOVDAHL GORMSEN
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Three Dimensions ◽  
Trade Offs ◽  
Key Dimensions ◽  
The Uk ◽  
Substantive Law ◽  
The Eu

AbstractWhile there has been much talk of the role of parliaments and courts in the Brexit process, far less—indeed very little—has been said about the challenges facing the largest part of the UK government: the administrative branch. Whatever results from the UK’s negotiations with the EU, Brexit will likely necessitate wide-ranging and fast-paced administrative reform in the UK. In this article, we use a detailed case study of a particular part of administration—the Competition and Markets Authority (‘CMA’)—to highlight the nature and extent of the challenges facing administrative agencies. This case study is demonstrative as, while there is an extant UK competition administration structure, competition law and its enforcement are highly Europeanised. We propose that the challenges facing administrative bodies in the UK—including the CMA—can be understood as possessing three key dimensions: internal organisation issues; external coordination issues; and substantive legal issues. We argue that, in many instances, these three dimensions will be in tension which each other. That is to say, the reality of reforming administration post-Brexit will involve trade-offs between questions of internal organisation, external coordination, and substantive law.

Stories and Structures

Paper Trails ◽  
2021 ◽  
pp. 36-52
Author(s):  
Cameron Blevins
Keyword(s):  
United States ◽  
19Th Century ◽  
Institutional Arrangements ◽  
Late 19Th Century ◽  
Central Plains ◽  
Railway Line ◽  
The Us ◽  
Postal Network ◽  
The 19Th Century

Chapter 2 follows the story of four siblings as they migrated westward and the role of the US Post in their lives. From the time they were orphaned as children in Ohio, the postal network connected Sarah, Jamie, Delia, and Benjamin Curtis across space. The Curtis siblings joined a migratory wave of people that washed across the western United States during the late 19th century. No matter where they moved, from a railway line on the central plains to a mill town in northern California to a backcountry ranch in Arizona, they could rely on the US Post’s expansive infrastructure to communicate with each other. Across dozens of surviving letters, the US Post’s structural power comes into focus, giving meaning to how its institutional arrangements and wider geography shaped everyday experiences and conditions in the 19th-century West.

scholarly journals The relevance of ultrasound examination of the foot and ankle in patients with rheumatoid arthritis – a review of the literature

2019 ◽  
Vol 21 (2) ◽  
pp. 175 ◽  
Author(s):  
Oana Șerban ◽  
Maria Bădărînză ◽  
Daniela Fodor
Keyword(s):  
Rheumatoid Arthritis ◽  
Ultrasound Examination ◽  
Joint Damage ◽  
The Other ◽  
Foot And Ankle ◽  
Review Of The Literature ◽  
The Us ◽  
Ankle And Foot

Rheumatoid arthritis (RA) is an inflammatory disease characterized by symmetrical involvement of the joints and tendons, especially of the hands and wrists, but also of the feet and ankles from the very beginning of the disease. For the patient, the foot and ankle involvement is equally important as the other joints, since it affects the functionality of the feet and the quality of life of the patients. It is already known that subclinical involvement of the ankles and feet occurs even in patients that are considered in clinical remission, thus they do not need for changes of therapy, but still might benefit from it. In spite of this, theclinicians do not give enough care to the ankle and foot in RA patients, especially if asymptomatic, resulting future deformities, joint damage and feet disability. In order to show the importance of the feet and ankles in RA patients and to demonstrate the indispensable role of ultrasonography (US) for that purpose, at the same time displaying the US abnormalities that should draw our attention, we performed this review of the literature. 

scholarly journals Nowa Lewica amerykańska w poszukiwaniu autentycznego człowieka

Etyka ◽  
1979 ◽  
Vol 17 ◽  
pp. 53-82
Author(s):  
Roman Tokarczyk
Keyword(s):  
Interpersonal Relations ◽  
New Left ◽  
The Other ◽  
Structural Form ◽  
Trace Back ◽  
The Us ◽  
American Society ◽  
The One ◽  
The Individual

Among the most interesting ideas of New Left in the US is a search for authenticity in human personality, or investigation of the place and role of the contemporary man when he is found in the setting: man-group-society-state. Finding such authenticity non-existent on the American scene the ideologists of New Left trace back the causes of this situation, characterized by deformation of personality deprived of the ego, and depict an authentic man who accepts himself both with respect to his ego and as a part of a social group in which he lives. Surreptitious emphasis of the value of the individual and of his unique personality points to the individuality of man as a central category of this line of thought. In the consequence of coexistence of various personalities, variety is the main feature of the new American society postulated by New Left. Individuality and variety imply freedom as a key concept of that thought. Variety of human individualities enjoying freedom will enable the quest for the authentic ego and abolish the manifestations of alienation which do not exist within the real interpersonal community. Community as a structural form of social coexistence is based on close, often intimate, interpersonal relations and allegedly enables unconstrained search for individuality, showing a new way from the present atomization of the American society. The key values of that thought are potentially conflicting: on the one hand there is a set of ideas: individuality, variety, freedom; on the other, there is the concept of community. The two counterparts may easily stand in conflict or mutually limit their application. In such cases it is postulated to detect the causes of conflict and eliminate them.

scholarly journals Transfer Effects at the Syntax-Semantics Interface: The Case of Double-que Questions in Heritage Spanish

2011 ◽  
Vol 8 (1) ◽  
pp. 66-89
Author(s):  
Alejandro Cuza ◽  
Joshua Frank
Keyword(s):  
Judgment Task ◽  
The Other ◽  
Production Task ◽  
Heritage Speakers ◽  
Level Of Use ◽  
The Us ◽  
Preference Task ◽  
Semantic Shift ◽  
Acceptability Judgment

This study examines the role of transfer from English in the acquisition of double-que questions in Spanish among 17 heritage speakers in the US. Results from an elicited production task, an acceptability judgment task and a preference task revealed significant difficulties in the production and acceptability of double-que questions. In contrast with interface vulnerability approaches suggesting no difficulties at the syntax-semantics interface, the participants showed a decreased level of use of double-que structures and no distinction in their acceptability of statements versus questions. However, results from the preference task showed sensitivity to double-que questions among 10 of 17 heritage speakers. It appears that only when the two structures are presented together were the heritage speakers able to perceive the semantic shift introduced by the double-que. The results suggest that transfer from the other language prevents the complete acquisition of these properties even at high levels of bilingual proficiency.

scholarly journals Strategic Dimensions of CPEC: Role of Regional and International Powers

2020 ◽  
Vol 6 (4) ◽  
pp. 1561-1569
Author(s):  
Muhammad Ijaz Latif ◽  
Muhammad Tayyab Zia
Keyword(s):  
Indian Ocean ◽  
Considerable Extent ◽  
The Other ◽  
Other Hand ◽  
The Us ◽  
The One

Indian Ocean, along with its chokepoints and Sea Lanes of Communications, is considered to be the significant strategic maritime arena. The area has remained under the influence of the US. India, being a largest littoral state of the said ocean, has a strong say here. Sino- Pakistan strategic collaboration and convergence over the construction of Gwadar and CPEC would not only serve the commercial interests of both of the states, rather it would also strengthen their strategic and defense position in the region. On the Beijing’s part, China would, to a considerable extent, neutralize its “Malacca Dilemma”. And on Islamabad’s part, it would serve to be a deterrent to any aggressive design of her arch rival India. It is because on the one hand it would enhance the strategic depth of Pakistan, and on the other hand integrity of Pakistan would be indispensible for China. And any attempt to destabilize Pakistan could provoke China, so Pakistan’s integrity would be sine qua non for China.

scholarly journals A Comparative Discussion of the Racialized Play of Symbolic Capital in Cultural and Political Economies of Indigenous Gambling in Australia and the United States

2009 ◽  
Vol 2 (2) ◽  
pp. 10-24
Author(s):  
Fiona Nicoll
Keyword(s):  
United States ◽  
Problem Gambling ◽  
The United States ◽  
Symbolic Capital ◽  
The Other ◽  
The Us ◽  
Political Economies ◽  
Competitive Games ◽  
The Many

This article aims to unsettle a pervasive cultural distinction between gambling – on one hand - and the competitive games of society – on the other - by exploring the role of whiteness as a form of symbolic capital in two different but closely related nations. Rather than following Pierre Bourdieu in relegating gambling to the constitutive outside of neo-liberal cultural and political economies, where sub-proletarian subjects are rendered simultaneously the object of an academic gaze and of public worrying about problem gambling, I will explore racialized dimensions of the many games of strength, skill and chance that constitute everyday culture in ex-settler-colonial nations. Comparative discussion highlights the role of gambling in mediating and transforming relationships of sovereignty between Indigenous and non-Indigenous citizens in Australia and the US.

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