scholarly journals Decrypting Google’s Search Engine Bias Case: Anti-Trust Enforcement in the Digital Age

2019 ◽  
Vol 8 (1) ◽  
pp. 37-60
Author(s):  
Suyash Bhamore
Keyword(s):  
Competition Law ◽  
Evidence Based ◽  
Relevant Market ◽  
Dominant Position ◽  
Digital Ecosystem ◽  
Antitrust Laws ◽  
Competition Commission ◽  
Long Time ◽  
Search Designs ◽  
First Time

For a long time, there has been uncertainty and uneasiness regarding the application of competition law in the digital ecosystem. It is only recently that the evolving Indian competition regime has started facing some of these concerns. In the light of the Competition Commission of India’s (CCI) recent encounter with the search-technology giant Google, the paper provides a much needed analysis of the watershed judgment, considering the likely effects it will have on future competition law jurisprudence. CCI has for the first time, by comprehensively analysing the interplay of antitrust laws and tech market, laid down the basic ground work for subsequent cases. The paper begins with probing into the logic and rationale given by CCI in assessing the relevant market, and Google’s dominant position in such relevant market. Later, the paper examines if the unique features of digital markets have been incorporated, while analyzing Google’s specialized search designs, namely Universal Results, OneBoxes and Commercial Units. Drawing attention to some key concerns like the lack of evidence-based analysis by CCI, the paper concludes by suggesting a suitable remedy and summarizing the key takeaways from the discourse.

Competition Law

2018 ◽  
Author(s):  
Simon Butt ◽  
Tim Lindsey
Keyword(s):  
Case Studies ◽  
Market Share ◽  
Competition Law ◽  
Exclusive Dealing ◽  
Dominant Position ◽  
Corporate Groups ◽  
Competition Commission ◽  
The Government ◽  
Competitive Economy ◽  
Mergers And Acquisition

Large corporate groups have dominated Indonesia’s corporate landscape for decades, and are controlled by a relatively small number of elite families. This chapter looks at laws that were introduced after Soeharto’s fall to create a more competitive economy, and establish the KPPU, Indonesia’s competition commission. The chapter begins with an account of the key provisions of the Competition Law, including the rules relating to monopolies, monopsonies, oligopolies, cartels, market share, dominant position, exclusive dealing, and mergers and acquisition. It then provides an assessment of the KPPU’s structure and powers, its performance, and its relations with the government, as well as problems with the enforcement of its decisions. The chapter includes several case studies, including the Donggi-Senoro case.

scholarly journals Unfinished Reform of the Institutions Enforcing UK Competition Law

2021 ◽  
pp. 201-230
Author(s):  
Bruce Lyons
Keyword(s):  
Decision Making ◽  
Public Interest ◽  
Institutional Reform ◽  
Competition Law ◽  
Potential Change ◽  
Dominant Position ◽  
Competition Commission ◽  
New Challenges ◽  
Independent Decision

Chapter 8 on institutional reform written by Bruce Lyons notes that the period since 1998 has seen major changes in competition law, including: public interest was replaced by promotion of competition as the primary duty; anti-competitive agreements and abuse of a dominant position were prohibited, with significant penalties for breach; and the minister withdrew from case decisions, making the institutions determinative. There were also major organizational changes, including merger of the OFT and the Competition Commission to form the Competition and Markets Authority, and establishment of the Competition Appeal Tribunal as a specialist appeals body. In the chapter, Lyons considers the evolution of these institutions from the perspective of how they frame and influence the quality of first instance determinations. Institutions are hostages to their history, and he traces some of the problems faced by the CMA to its institutional roots. New challenges beyond its control are also identified. Reform is needed. The chapter concludes that some of the CMA’s suggestions for legislation are misguided, particularly in replacing its competition duty with ‘the consumer interest’ and reducing the standard of review by the CAT. Alternative proposals are appraised, including a potential change to a prosecutorial system. Lyons argues convincingly that genuinely independent decision-making within the CMA should be preferred and would permit a more limited standard of review.

20. EU competition law and intellectual property

2019 ◽  
pp. 782-818
Author(s):  
Abbe Brown ◽  
Smita Kheria ◽  
Jane Cornwell ◽  
Marta Iljadica
Keyword(s):  
Intellectual Property ◽  
Competition Law ◽  
Relevant Market ◽  
Dominant Position ◽  
Eu Competition Law ◽  
Key Issues ◽  
Licensing Agreements ◽  
The Right

This chapter provides an overview of the tension between the application of competition law and the exercise of IPRs. Key issues are the circumstances in which competition law may be applied to moderate the exercise of IPRs in the relevant market; clauses in intellectual property (IP) licensing agreements between undertakings that might be permissible in terms of EU competition law and those which are not; the conditions under which a refusal to supply products protected by an IP right might constitute an abuse of a dominant position by the right holder; and when competition law can provide a defence to an infringement action.

scholarly journals EU LEGAL REGULATION OF COMPETITION IN INNOVATIVE MARKETS

2018 ◽  
pp. 25-35
Author(s):  
K. Smyrnova
Keyword(s):  
Competition Law ◽  
Legal Regulation ◽  
Evolutionary Development ◽  
Competition Authority ◽  
The European Union ◽  
Relevant Market ◽  
Dominant Position ◽  
Digital World ◽  
National Competition ◽  
Competition Laws

The digital world is highly dynamic. The only way of survival is to keep innovating, in some extend even invent a way (legal or illegal) to secure its position. As this new phenomenon becomes increasingly sophisticated, the need for laws to govern it becomes more poignant. In consequence, the European Union has taken various actions towards realizing this aim of regulating the digital platform horizon. The evolutionary development of active & passive selling through new electronic or other innovative means which is currently erases national borders leads to the comprehensive involvement of different national competition regimes. The competition authority has kept close scrutinizing on those firms in dominant position in their relevant market. Not only this, as the digital market is mostly multiple sided, the interaction between market are also taking care. However, the competition laws should adapt in the proactively to prevent the anti-competitive measures. The competition authority needs to have the anticipation on the dynamic evolution of competition in digital market and act proactively. Thus the most crucial aspect is to balance the innovative progress & the necessity to control on competition. This article examines how the nature and logic of competition law changes as authorities expand the time horizon that they consider in their prospective analysis.

scholarly journals PEMBATASAN TERHADAP PERSAINGAN UNTUK MEMBENTUK PASAR DALAM KASUS STANDARD ESSENTIAL PATENT (SEP) (PERBANDINGAN HUKUM PERSAINGAN USAHA DI INDONESIA DAN UNI EROPA)

Arena Hukum ◽  
2021 ◽  
Vol 14 (2) ◽  
pp. 222-244
Author(s):  
Sih Wahyuningtyas
Keyword(s):  
European Union ◽  
Competition Law ◽  
The European Union ◽  
Relevant Market ◽  
Dominant Position ◽  
Market Dominance ◽  
Essential Patent ◽  
Technology Industries ◽  
Standard Essential Patent

The role of patents is complex when dealing with the problem of technological interoperability in cases where patented technology becomes standard. In such cases, a balance is needed between the protection of the interests of the inventor, i.e. the standard essential patent (SEP) holder, and of users who need the technology to enter the market. There is a susceptibility to restrictions on competition to create markets (competition for the market). Market dominance can be created by the adoption of SEP holder technology as a standard and hence, a key for other business actors to enter the market. With the potential for the formation of a dominant position in the relevant market, the competition law intervention is required when patent abuse occurs, as it appears typical in the pharmaceutical and information technology industries. The normative research examines how competition law in the European Union deals with SEP cases in comparison to Indonesian competition law.

Direct imaging of charge transfer

1996 ◽  
Vol 54 ◽  
pp. 680-681
Author(s):  
Yimei Zhu ◽  
J. Tafto
Keyword(s):  
Charge Transfer ◽  
Electron Diffraction ◽  
Scattering Amplitude ◽  
High Temperature Superconductors ◽  
Charge Carriers ◽  
Image Charge ◽  
Net Charge ◽  
Long Time ◽  
Electron Holes ◽  
First Time

The electron holes confined to the CuO2-plane are the charge carriers in high-temperature superconductors, and thus, the distribution of charge plays a key role in determining their superconducting properties. While it has been known for a long time that in principle, electron diffraction at low angles is very sensitive to charge transfer, we, for the first time, show that under a proper TEM imaging condition, it is possible to directly image charge in crystals with a large unit cell. We apply this new way of studying charge distribution to the technologically important Bi2Sr2Ca1Cu2O8+δ superconductors.Charged particles interact with the electrostatic potential, and thus, for small scattering angles, the incident particle sees a nuclei that is screened by the electron cloud. Hence, the scattering amplitude mainly is determined by the net charge of the ion. Comparing with the high Z neutral Bi atom, we note that the scattering amplitude of the hole or an electron is larger at small scattering angles. This is in stark contrast to the displacements which contribute negligibly to the electron diffraction pattern at small angles because of the short g-vectors.

A refusal to grant access to a grid within the provision of crude oil transfer services as an example of a prohibited abuse of a dominant position in the EU and Polish competition law

2018 ◽  
Vol 5 (2) ◽  
pp. 199 ◽  
Author(s):  
Wojciech Paweł SZYDŁO
Keyword(s):  
Crude Oil ◽  
Competition Law ◽  
Eu Law ◽  
The European Union ◽  
Dominant Position ◽  
Oil Companies ◽  
Effective Competition ◽  
Oil Pipelines ◽  
Transfer Services ◽  
The Eu

Aim: The paper discusses cases in which a refusal by an energy enterprise to connect other enterprises to the network is treated as a prohibited abuse of the enterprise's dominant position and, equally, will represent behavior prohibited by art. 12 of the Treaty on the Functioning of the European Union and by art. 9 par. 2 item 2 of the Competition and Consumer Protection Law as well as legal consequences of such refusal. It is important to pinpoint such cases since the EU sectoral regulation does not provide for obligating any undertakings which manage and operate oil pipelines to enter into contracts with other undertakings such as contracts on connecting into their network or contracts on providing crude oil transfer services. Conditions for accessing oil pipelines and selling their transfer capacities are determined by the owners of the networks: private oil companies in the countries across which the pipelines are routed. These conditions are not governed by the EU law.  Furthermore, the very obligation of connecting other entities to own network by energy undertakings operating in the oil transfer sector in Poland will only arise from generally applicable provisions of the Polish competition law.  Design / Research methods: The purpose of the paper has been reached by conducting a doctrinal analysis of relevant provisions of Polish and EU law and an analysis of guidelines issued by the EU governing bodies. Furthermore, the research included the functional analysis method which analyses how law works in practice. Conclusions / findings: The deliberations show that a refusal to access the network will be a manifestation of a prohibited abuse of a dominant position and will be a prohibited action always when the dominant's action is harmful in terms of the allocation effectiveness. It will be particularly harmful when delivery of goods or services objectively required for effective competition on a lower level market, a discriminatory refusal which leads to elimination of an effective competition on the consequent market, a refusal leading to unfair treatment of consumers and an unjustified refusal. Originality / value of the article: The paper discusses the prerequisites which trigger the obligation to connect entities to own network by energy undertakings operating in the oil transfer sector. The obligation has a material impact on the operations of the oil transmitting undertakings, in particular on those who dominate the market. The regulatory bodies in the competition sector may classify a refusal of access to own network by other enterprises as a prohibited abuse of the dominant position, exposing such undertakings to financial consequences.Implications of the research: The research results presented in the paper may be used in decisions issued by the President of the OCCP and in judgement of Polish civil courts and EU courts. This may cause a significant change in the approach to classifying prohibited practices to prohibited behavior which represent abuse of the dominant position. The deliberations may also prompt the Polish and EU legislator to continue works on the legislation.

Assessment of recreational use of specially protected natural territories of Tatishchevsky district of Saratov region

2019 ◽  
Vol 27 (2) ◽  
pp. 117-127
Author(s):  
Yulia M Andriyanova ◽  
Irina V Sergeeva ◽  
Yulia M Mokhonko ◽  
Natalia N Gusakova
Keyword(s):  
Natural Resources ◽  
Protected Areas ◽  
Saratov Region ◽  
Future State ◽  
Forest Phytocenoses ◽  
Long Time ◽  
Main Components ◽  
First Time ◽  
Recreational Use ◽  
Specially Protected Natural Territories

The influence of recreation being a set of measures to restore health and recreation, on the main components of forest phytocenoses in specially protected natural territories of the Tatishchevsky district of the Saratov region has been studied for the first time. These phytocenoses have been intensively used for tourism for a long time. The intensity and visits activity of protected areas has been determined; the recreational capacity of territorial objects has been studied. The degree of forest landscapes has been revealed in specially protected natural territories. The findings allow predicting the future state of the natural resources of the Saratov region and can be taken into account when assessing their optimal use.

scholarly journals Clinical significance of late diastolic tissue doppler parameters after onset of STEMI: from the view point of the timing of the echocardipography

2020 ◽  
Vol 41 (Supplement_2) ◽  
Author(s):  
N Iwahashi ◽  
J Kirigaya ◽  
M Horii ◽  
T Abe ◽  
E Akiyama ◽  
...  
Keyword(s):  
Tissue Doppler ◽  
Atrial Function ◽  
Diastolic Velocity ◽  
Long Time ◽  
Group A ◽  
St Elevation ◽  
Group B ◽  
First Time

Abstract Background The early transmitral flow velocity (E) divided by the early diastolic velocity of the mitral valve annulus (e') is referred to as the “E/e' ratio,” is useful even for ST elevation acute myocardial infarction (STEMI). However, the role of late diastolic velocity (a') which reveals the atrial function for STEMI is still unclear. Objectives We evaluated the clinical usefulness of tissue Doppler including atrial function for a first-time STEMI by long time follow up. Furthermore, we evaluated the meaning of each parameters by performing immediately after PCI or 2 weeks later. Methods We treated consecutive 571 first-time STEMI patients by immediate PCI within 12 hours after onset, and we examined 270 patients at immediately after PCI (GroupA, 65 years, 250 male) and 301 patients at 2 weeks after onset (GroupB, 64 years, 243 male). We examined trans mitral flow and TDI, then defined E/e' as LV filling pressure and A/a' as left atrial function. We followed them for a long time (>5 years). The primary end point (PE) was cardiac death or re-admission for heart failure (HF). Results We followed the patients in Group A for 10 years, Group B for 5 years. PE occurred in 64 patients in GroupA during 10 years, and 45 patients in GroupB during 5 years. We analyzed the univariate and multivariate Cox hazard analyses and we compared e' and a', E/e' and A/a' (Table). In GroupA, a' and A/a' were the independent predictors, on the other hand neither a' nor A/a' were the predictors in GroupB. E/e' was an independent predictor both in GroupA and B. Conclusion TDI parameters have different meanings by the timing of echocardiography after onset of a first-time STEMI. These results demonstrated that atrial dysfunction immediately after onset of STEMI suggests the poor prognosis after STEMI. Cox Hazard Proportional Analysis Funding Acknowledgement Type of funding source: None

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