scholarly journals Assessing the Impact of Registering Non-Traditional Marks

2018 ◽  
pp. 235-256
Author(s):  
Lavinia Brancusi
Keyword(s):  
Law And Economics ◽  
Focal Point ◽  
Market Competition ◽  
Competition Law ◽  
Market Definition ◽  
Negative Effects ◽  
Trademark Law ◽  
Competition Rules ◽  
Product Substitutability ◽  
The Impact

This chapter discusses possible negative effects on market competition resulting from registration and exercise of NTTMs. A first insight into EU judicial precedents dealing with trademarks reveals the risk of different practices violating competition rules. A following inquiry from a “law and economics” approach emphasizes certain competition concerns characteristic of NTTMs. The focal point concerns the issue of product substitutability, with a consideration as to whether competition law perspective may be of some use for trademark law, especially for functionality cases featuring NTTMs. After articulating the need of applying a functionality test based on product delineation and an assessment of substitutable alternatives, separate remarks discuss market definition in competition law underlining cases of narrowly defined markets because of branding strategies. The study advocates the use of methods and proofs modeled on those applied in competition law for examining the registrability and resolution of conflicts related to NTTMs.

scholarly journals The conflict between market competition and worker solidarity: moving from consumer to a citizen welfare standard in competition law

Legal Studies ◽  
2020 ◽  
pp. 1-18
Author(s):  
Firat Cengiz
Keyword(s):  
Law And Economics ◽  
Market Competition ◽  
Competition Law ◽  
Consumer Welfare ◽  
Public Attention ◽  
Gig Economy ◽  
The Us ◽  
Competition Rules ◽  
Competitive Behaviour ◽  
The Eu

Abstract This paper critically investigates the law and economics of competition law enforcement in conflicts between workers and employers in the EU and the US. The conflict between worker solidarity and market competition attracts significant public attention due to the legal conundrum facing precariously employed gig workers. This paper reveals that in light of the strict consumer welfare standard underlying competition rules, competition law has become an overall disciplining mechanism impeding collective worker action beyond the limited case of the gig economy. Using a holistic theoretical framework comprising of neoclassical and Marxist exploitation theories, the paper shows that sound economic analysis justifies resolving the competition–solidarity conflict in favour of solidarity. After showing that the consumer welfare standard overlooks the idiosyncratic qualities of labour as a ‘fictitious’ commodity, the paper offers an original and inclusive ‘citizen welfare’ standard that takes into consideration how anti-competitive behaviour affects workers as well as consumers. As a result, the paper also contributes to the post-2008 debate on whether and how competition law could contribute to equality by shedding light on competition law's treatment of workers and their welfare.

scholarly journals Why is the Functionality Doctrine in Trade Mark Law worth Advanced (Re)Consideration?

2019 ◽  
pp. 43-54
Author(s):  
Lavinia Brancusi
Keyword(s):  
Law And Economics ◽  
Trade Mark ◽  
Market Definition ◽  
Trademark Law ◽  
The Us ◽  
Trade Dress ◽  
Competition Rules ◽  
Trade Mark Law ◽  
Comparative Results ◽  
Functionality Doctrine

This article considers the necessity of preparing a comprehensive study, over absolute refusal grounds pertaining to functional signs set in the EU trademark law, which would meet the business community’s need to register non-traditional trade marks. The study aims to define the exact scope of the aforementioned exclusions through objective criteria that can render them a workable tool, distinct from refusal grounds pertaining to distinctiveness, and able to solve problems of overlapping rights. As its specific research methodology, the study adopts comparative results coming from the US trade dress functionality doctrine, and a specific input offered from a ‘law and economics’ perspective, including competition rules related to market definition and substitutability of products.

scholarly journals The Impact of Economics on Competition Law in New Zealand Some Reflections on the First Decade

1996 ◽  
Vol 26 (1) ◽  
pp. 17
Author(s):  
Mark N Berry
Keyword(s):  
Decision Making ◽  
New Zealand ◽  
Law And Economics ◽  
Competition Law ◽  
Institutional Framework ◽  
Decision Making Process ◽  
Future Trends ◽  
Brief Assessment ◽  
The Impact ◽  
Theoretical Foundations

The economic focus of the Commerce Act 1986 is unique in New Zealand, both in terms of its theoretical foundations and its institutional framework. The author reflects on these features of the Act and the impact that economics has had on the decision-making process. This article reviews the New Zealand landscape in terms of the goals of the Commerce Act, its institutional framework, and the manner in which the strict rules of evidence may be relaxed. It then considers, by using Justice Breyer's framework (in S J Breyer "Economics and Judging: An Afterword on Cooter and Wald" (1987) 50 Law and Contemp Probs 245), how economics has impacted upon the content of rules of law and the proof of specific economic facts. The author concludes with a brief assessment of likely and desirable future trends in New Zealand law, arguing that it was likely that economics would continue to have a major impact on the Commerce Act; aside from in the interpretation of dominance principles, the author argues that the foundations are strongly in place for the continued growth of law and economics in this field.

scholarly journals What Has Changed in European Concept of Undertaking? From „FENIN“ to „EASY PAY“

2021 ◽  
Vol 1 ◽  
pp. 81-88
Author(s):  
Katarína Kalesná
Keyword(s):  
Economic Activity ◽  
Competition Law ◽  
Case Law ◽  
Internal Market ◽  
Correct Interpretation ◽  
General Internal ◽  
Key Concepts ◽  
Regulatory Principle ◽  
Competition Rules ◽  
The Impact

Competition is the main self-regulatory principle of the market in general, internal market included. Competition law has the form of general clauses making its application dependant on the correct interpretation of general concepts. Core competition rules of the Functional Treaty („TFEU“) are addressed to undertakings; undertaking thus belongs to key concepts of competition law. Interpretation of this concept is decisive for the scope of competition rules application. So, the article explores different approaches of the case law to the interpretation of the concept of undertaking based on economic activity.  It compares the FENIN doctrine and the new functional test of separability developed in EASY PAY. It drives attention to the impact of this new test for the evaluation of procurement activities under competition scrutiny.

Market Competition

2019 ◽  
pp. 99-130
Author(s):  
Anu Bradford
Keyword(s):  
Market Competition ◽  
Competition Law ◽  
Critical Dimension ◽  
Single Market ◽  
Global Effect ◽  
Eu Competition Law ◽  
Competition Rules ◽  
Regulatory Capacity ◽  
Key Aspects ◽  
The Eu

Chapter 4 discusses competition law, which offers one of the most prominent examples of the EU’s global regulatory hegemony. This chapter first introduces the key aspects of EU competition law. It then explains why the EU has chosen to build an extensive regulatory capacity in this area, illustrating how competition law forms a critical dimension of the EU’s broader, single market program. Following that, it offers examples of the de facto and de jure Brussels Effects pertaining to competition regulation. These examples illustrate that the de jure Brussels Effect has been extensive. At the same time, the occurrence of the de facto Brussels Effect often turns to the question of non-divisibility, at times enabling while at times limiting the global effect of EU competition rules.

scholarly journals The Impact of Competition on Debt Ratio of Manufacturing Enterprises in Vietnam

2019 ◽  
Vol 9 (2) ◽  
pp. 56
Author(s):  
Nguyen Tan Vinh
Keyword(s):  
Stock Market ◽  
Capital Structure ◽  
Negative Impact ◽  
Market Competition ◽  
Generalized Method Of Moments ◽  
Debt Ratio ◽  
Negative Effects ◽  
Research Results ◽  
Manufacturing Enterprises ◽  
The Impact

Asymmetric infomation has caused difficulties for investors in the financial market when the enterprises have high competitiveness in the market but there are acts of using unusual capital structure. Investment decisions on the stock market of investors will be negatively affected by asymmetric information. In particular, the manufacturing enterprises have made an important contribution to Vietnam’s economic structure. Therefore, the authors conduct research to assess the impact of product market competition on the capital structure of manufacturing enterprises listed in the Vietnam stock market from 2010 to 2018. By analyzing panel data through the Generalized Method of Moments (GMM), the research results indicate: Competitiveness factors HHI has a negative impact on debt ratio (DR)—the results support the predation theory. When businesses are highly competitive, there will be a tendency to reduce the debt ratio. At the same time, the research results also show the variables ROA and CGIR have negative effects on DR. GRTA and NDTS variables do not affect the DR of manufacturing enterprises. The results of this study will help investors to make their decisions more wisely.

scholarly journals EU Competition Law Put to the Brexit Test: What Impact Might the Exit of the UK from the Union Have on the Enforcement of the Competition Rules?

2018 ◽  
Vol 11 (17) ◽  
pp. 7-27
Author(s):  
Arianna Andreangeli
Keyword(s):  
European Union ◽  
Future Development ◽  
Competition Law ◽  
The European Union ◽  
Eu Competition Law ◽  
Competition Rules ◽  
The Uk ◽  
The Impact ◽  
Competition Enforcement

This contribution examines some of the consequences of the UK’s exit from the European Union for the enforcement of the competition rules. It reflects on the impact that Brexit is going to have on future transnational antitrust litigation in Britain and Europe. Thereafter it analyses the challenges that Brexit is likely to present for cooperation in public competition enforcement and suggests solutions for future development.

scholarly journals THE RELATION BETWEEN COMPETITION AND HIGHER EDUCATION. LEGAL FRAMEWORK OF AN ALBANIAN CASE

2012 ◽  
Vol 44 (1) ◽  
pp. 43-52
Author(s):  
Juliana Latifi
Keyword(s):  
Higher Education ◽  
Competition Law ◽  
Legal Framework ◽  
Private Institutions ◽  
Public And Private ◽  
Free Competition ◽  
Higher Education Quality ◽  
Competition Rules ◽  
Service Standards ◽  
The Impact

At present, Albania faces a reality in which education as a public interest is provided by both public as well as private institutions. The liberalisation of access in higher education has resulted in public and/or private institutions which provide the same service – education, compete with each other in trying to attract the same customer – the student. Competition is considered as a key instrument that has produced a diversity/variety of higher education institutions and with more choices to the student. This research is aimed at analysing the relation existing between competition and higher education as well as its impact on higher education in Albania. In this analysis we have addressed four important issues: 1. Liberalisation of higher education and the impact of competition 2. Competition law in education 3. The mechanism of free competition - the market of students 4. Using competition to promote reform in higher education This study is based on the interpretation of the domestic legislation, analysis of policy documents and articles, as well as interviews with 10 key persons and 20 students. This research helps understanding the role competition plays in the higher education sector, which has resulted in a tangible reform being undertaken by the public and private HEI themselves. This reform is based on the adaptation of competition rules with the purpose of achieving provision of a qualitative service – standards based education. Key words: competition law, higher education, quality, reform, student.

The relevant market in competition law: a legal concept

2019 ◽  
Vol 7 (2) ◽  
pp. 158-176
Author(s):  
Viktoria H S E Robertson
Keyword(s):  
Law And Economics ◽  
Competition Law ◽  
Market Definition ◽  
Relevant Market ◽  
Legal Concept ◽  
Normative Force ◽  
Economic Concept ◽  
Competition Laws ◽  
The Law ◽  
Concept Building

Abstract In competition law, the relevant market acts as a filter that delineates that part of commerce within which competition law assesses companies’ market behaviour. This contribution considers how competition law can reconcile the legal concept of the relevant market with its economic roots. It argues that for market definition—like for many an economic concept—a spectrum opens up between law and economics. On the economics side of the spectrum, economics may take on a more determinative role almost amounting to normative force. This places considerable pressure on the integrity of economics. On the law side of the spectrum, the relevant market is looked at through the prism of the law and is seen as a legal concept building upon an economic one. Here, economics is assigned an interpretive role. A plethora of different positions are possible along the spectrum, and different actors may place themselves at different locations under different circumstances or at different points in time. If it is acknowledged that the relevant market concept acquires a distinct legal conception through its incorporation into the competition laws, then this has far-reaching repercussions on our entire conception of competition law. This view effectively calls into question not only competition law’s understanding of the relevant market, but also the prevailing understanding of other shared legal and economic concepts.

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