Comparative Competition Law

2019 ◽  
pp. 1167-1192
Author(s):  
David J. Gerber
Keyword(s):  
Competition Law ◽  
Economic Globalization ◽  
Policy Framework ◽  
Antitrust Law ◽  
The Third ◽  
Potential Value ◽  
Current State ◽  
The World ◽  
Potential Impact

This article examines comparative competition law. It looks first at the current state of the literature. It envisions a path for comparative antitrust law scholarship that may allow it to realize more fully its potential value and respond more effectively to the challenges of economic globalization. Three main themes run through this article. One is that US law dominates the world of comparative competition law scholarship. A second is that the centrality of US law and experience divides the writing in the area and often distorts it. The third thread that runs through this article identifies the potential impact of economic globalization on the agenda of comparative competition law and the opportunities it creates for writers in the area to contribute to creating a sounder policy framework for transnational markets.

Comparative Antitrust Law

2006 ◽  
pp. 1192-1224
Author(s):  
David J. Gerber
Keyword(s):  
Competition Law ◽  
Economic Globalization ◽  
Policy Framework ◽  
Antitrust Law ◽  
The Third ◽  
Potential Value ◽  
Current State ◽  
The World ◽  
Potential Impact

This article examines comparative competition law. It looks first at the current state of the literature. It envisions a path for comparative antitrust law scholarship that may allow it to realize more fully its potential value and respond more effectively to the challenges of economic globalization. Three main themes run through this article. One is that US law dominates the world of comparative competition law scholarship. A second is that the centrality of US law and experience divides the writing in the area and often distorts it. The third thread that runs through this article identifies the potential impact of economic globalization on the agenda of comparative competition law and the opportunities it creates for writers in the area to contribute to creating a sounder policy framework for transnational markets.

scholarly journals On Protection of Intangible Cultural Heritage in China from the Intellectual Property Rights Perspective

2018 ◽  
Vol 10 (12) ◽  
pp. 4369 ◽  
Author(s):  
Qing Lin ◽  
Zheng Lian
Keyword(s):  
Intellectual Property ◽  
Cultural Heritage ◽  
Copyright Protection ◽  
Patent Protection ◽  
Intangible Cultural Heritage ◽  
The Third ◽  
Current State ◽  
The World ◽  
Protection Mode ◽  
Ipr Protection

With the development of globalization, intangible cultural heritage (ICH) has come under increasing threat, making the safeguarding of ICH a crucial task for the governments and peoples of the world. This paper examines China’s current state of intellectual property (IPR) protection for ICH and proposes that ICH be placed under China’s legislative protection as intellectual property. Due to the immense diversity and complexity of ICH and the difficulty in reconciling various interests involved, the existing IPR protection mode faces many obstacles in practice. We present two case studies and three sets of recommendations on improving the protection of ICH in China. The first set relies on improving copyright protection for ICH, the second set relies on improving trademark and geographical protection for ICH, and the third set relies on improving patent protection for ICH.

Exclusion, Invasion and Abuse: Competition Law and its Constitutional Context

2010 ◽  
Vol 12 ◽  
pp. 183-224
Author(s):  
Daniel Francis
Keyword(s):  
Historical Development ◽  
Final Section ◽  
Common Law ◽  
Competition Law ◽  
Antitrust Law ◽  
The Third ◽  
Law And Policy ◽  
Political Response ◽  
Broad Type ◽  
Orthodox View

Abstract The orthodox view of antitrust, or competition, law is that it should be interpreted and enforced purely to maximise economic efficiency. This chapter argues that it is by no means so clear that the maximization of efficiency should be the sole aim of competition law, either as a matter of common-law tradition or as a matter of ‘original’ legislative intent. Moreover, such a narrow approach neglects the important social and political components and consequences of antitrust policy and adjudication. This chapter further argues that antitrust law exhibits a striking resemblance, in many ways, to constitutional law, in particular to the extent that it constitutes a social and political response, administered by courts, to three particularly problematic applications of power—the ‘exclusion, invasion and abuse’ of the title. The first section of the chapter introduces these themes. In the second section, the exclusion-invasion-abuse model is described and the implications of each broad type of rule are explored. In the third section, the historical development of modern antitrust law is traced in order to show that the ‘pure efficiency’ standard lacks any credible historical claim to particular authority or authenticity. The fourth and final section, a brief survey of competing normative accounts of antitrust law offers in order to demonstrate the extent to which a myopic focus on efficiency can occlude the underlying policy consequences of antitrust law and policy-making.

Exclusion, Invasion and Abuse: Competition Law and its Constitutional Context

2010 ◽  
Vol 12 ◽  
pp. 183-224
Author(s):  
Daniel Francis
Keyword(s):  
Historical Development ◽  
Final Section ◽  
Common Law ◽  
Competition Law ◽  
Antitrust Law ◽  
The Third ◽  
Law And Policy ◽  
Political Response ◽  
Broad Type ◽  
Orthodox View

AbstractThe orthodox view of antitrust, or competition, law is that it should be interpreted and enforced purely to maximise economic efficiency. This chapter argues that it is by no means so clear that the maximization of efficiency should be the sole aim of competition law, either as a matter of common-law tradition or as a matter of ‘original’ legislative intent. Moreover, such a narrow approach neglects the important social and political components and consequences of antitrust policy and adjudication. This chapter further argues that antitrust law exhibits a striking resemblance, in many ways, to constitutional law, in particular to the extent that it constitutes a social and political response, administered by courts, to three particularly problematic applications of power—the ‘exclusion, invasion and abuse’ of the title. The first section of the chapter introduces these themes. In the second section, the exclusion-invasion-abuse model is described and the implications of each broad type of rule are explored. In the third section, the historical development of modern antitrust law is traced in order to show that the ‘pure efficiency’ standard lacks any credible historical claim to particular authority or authenticity. The fourth and final section, a brief survey of competing normative accounts of antitrust law offers in order to demonstrate the extent to which a myopic focus on efficiency can occlude the underlying policy consequences of antitrust law and policy-making.

Technological globalization: current state, risks and consequences

2020 ◽  
Vol 04 (02(40)) ◽  
Author(s):  
S.A. Garkusha
Keyword(s):  
Division Of Labor ◽  
Modern Society ◽  
Economic Globalization ◽  
Future Research ◽  
Current State ◽  
The World ◽  
National Economies

The process of technological globalization defining features of modern society and economy. The process leads to increasing interconnectedness and integration of national economies and global division of labor between countries. In recent decades, the process has received growing attention from academics and business. Technological globalization has made economic globalization possible. Nevertheless, many scientists claim that there is a crisis in the process of economic globalization. Some scientists state that the process of economic globalization is over, and the world is experiencing the process of deglobalization. Nevertheless, at the same time, there almost none no research dedicated to the process of deglobalization in the technology sphere. The article is aimed at analyzing the current state, risks, and consequences of technological globalization as well as possible directions for future research. The materials may be of interest to researchers of globalization issues, as well as to politicians and economists.

The Unexpected Jewett

2018 ◽  
pp. 96-120
Author(s):  
June Howard
Keyword(s):  
New England ◽  
Time And Space ◽  
Christian Democracy ◽  
The Third ◽  
Current State ◽  
The World

The third chapter of The Center of the World: Regional Writing and the Puzzles of Place-Time is titled “The Unexpected Jewett.” It analyzes Sarah Orne Jewett’s regionalist project, and argues for seeing religion as central to her work. Her beliefs offer a way of coordinating time and space, and inform her vision of transfiguring friendship. The chapter offers an assessment of the history and current state of Jewett criticism, a reading of the early story “A Late Supper,” and discussion of her writing for children. In terms of the concerns of the book as a whole, the center of Jewett’s world is the New England village, reimagined as a woman-centered, radically Christian democracy.

3. The goals and scope of competition and antitrust laws

2021 ◽  
pp. 28-37
Author(s):  
Ariel Ezrachi
Keyword(s):  
South Korea ◽  
Competition Law ◽  
Consumer Welfare ◽  
Antitrust Law ◽  
Competitive Process ◽  
Eu Competition Law ◽  
Antitrust Laws ◽  
The World ◽  
Competition Laws ◽  
The Eu

‘The goals and scope of competition and antitrust laws’ evaluates the goals and scope of competition and antitrust laws. Competition laws seek to protect the competitive process in the marketplace from companies that seek to distort it. By safeguarding free and fair markets, competition laws promote consumer welfare as well as efficiencies in the marketplace. While key competition law principles are similar across the world, competition laws are not internationally uniform, but are instead customized by each jurisdiction. A comparison can be made between US Federal Antitrust Law and the EU competition law. There are also other jurisdictions that apply competition laws, including China, Japan, and South Korea.

scholarly journals Maintaining Maritime History since 1799 (to the Anniversary of the Central Naval Library)

2015 ◽  
pp. 107-112
Author(s):  
A. B. Vitas
Keyword(s):  
Twentieth Century ◽  
Maritime History ◽  
Library Directors ◽  
The Third ◽  
Current State ◽  
The World ◽  
Great Patriotic War ◽  
History Of ◽  
In The Beginning ◽  
Near Future

The article describes the history of the Naval Library beginning with the Ordinance of Emperor Paul I of 25 November, 1799 till the present day. The article contains the story of Library Directors - the outstanding people of their time, employees, saving the library during the siege of Leningrad, as well as gives an outlook for the near future. The first part of the article describes the difficulties the new library had to overcome in the beginning of its glorious historical path. The second part covers the activities of the great Directors - seafarers, such as I. Kruzenshtern, F. Wrangell - Admirals, toured round the world, and many others, successfully managed the library in the nineteenth century. The third part focuses on the difficulties that befell the library in the twentieth century: Revolution, the Civil War and the Great Patriotic War. We are still grateful to E. Kazais, A. Maimistov, B. Nikolsky for their hard work, that allowed to save the collections. The final part of the article gives an overview on the current state of library and the prospects for the near future.

scholarly journals Digital economy and antitrust law: The unity and conflict of opposites

Pravovedenie ◽  
2019 ◽  
Vol 63 (4) ◽  
pp. 486-521
Author(s):  
Alexey Yu. Ivanov ◽  
Keyword(s):  
Market Power ◽  
Industrial Revolution ◽  
Positive Impact ◽  
Competition Law ◽  
Digital Economy ◽  
Antitrust Law ◽  
Positive Role ◽  
Capitalist System ◽  
Brics Countries ◽  
The World

The digital economy has become a new milestone in human development, but along with the benefits of digitalization and globalization of the world economy it has brought an unprecedented increase in the concentration of market power in the hands of a small group of digital monopolies and a rapid increase in global inequality, which creates systemic imbalances in the development of society. According to a number of experts, a likely consequence of such imbalances in development may be long-term instability that already entails fundamental risks for the existence of the capitalist system. Antitrust law has already played a positive role in overcoming such challenges in the development of the capitalist system during the technological transformations of the late 19th century and the first half of the 20th century. It has allowed the USA and a number of other Western countries to go through the last great industrial revolution in a less painful way than those countries, including Russia, which experienced a dismantling of the capitalist system and were unable to withstand the pressures of accelerated development. This article analyzes the reasons that prevented antitrust law from playing a similar balancing role during the ongoing industrial revolution and proposes possible measures to improve mechanisms of antitrust regulation of the digital economy. Among the most promising avenues for creating effective checks and balances on the growing market power of global digital platforms are the emerging formats for antitrust cooperation within the framework of regional associations of developing countries, primarily on the BRICS platform. Cooperation between the BRICS countries in the sphere of competition law and policy may also become a serious factor for the formation of a global antitrust regime, which does not currently exist. Moreover, given the positioning of the BRICS countries in the world system, such cooperation allows for the creation of a global competition law that would promote a wider dissemination of knowledge and advanced technologies and help remove barriers to global innovation flows that are now set by global technological monopolies. Cooperation in this sphere would have a positive impact on reducing global inequalities.

Optimum Structure of the Banking Market: How Many Banks Are Necessary for Russia?

2006 ◽  
pp. 75-92 ◽  
Author(s):  
S. Moiseev
Keyword(s):  
Banking Sector ◽  
Optimum Structure ◽  
Population Number ◽  
The Third ◽  
Banking Market ◽  
The World ◽  
The Usa ◽  
Per Capita ◽  
The Empirical Analysis ◽  
Equilibrium Number

The number of classical banks in the world has reduced. In the majority of countries the number of banks does not exceed 200. The uniqueness of the Russian banking sector is that in this respect it takes the third place in the world after the USA and Germany. The paper reviews the conclusions of the economic theory about the optimum structure of the banking market. The empirical analysis shows that the number of banks in a country is influenced by the size of its territory, population number and GDP per capita. Our econometric estimate is that the equilibrium number of banks in Russia should be in a range of 180-220 units.

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