IX. An Explanation of the Extraterritorial Extension of American Antitrust Regulation

2015 ◽  
pp. 265-326
Keyword(s):  
Antitrust Regulation

Unequal Treatment of Identical Agents in Cournot Equilibrium

1999 ◽  
Vol 89 (3) ◽  
pp. 585-604 ◽  
Author(s):  
Stephen W Salant ◽  
Greg Shaffer
Keyword(s):  
Marginal Cost ◽  
Consumer Surplus ◽  
Production Costs ◽  
Cournot Equilibrium ◽  
Unequal Treatment ◽  
Marginal Costs ◽  
Second Stage ◽  
Policy Debates ◽  
The Cost ◽  
Antitrust Regulation

Oligopoly models where prior actions by firms affect subsequent marginal costs have been useful in illuminating policy debates in areas such as antitrust regulation, environmental protection, and international competition. We discuss properties of such models when a Cournot equilibrium occurs at the second stage. Aggregate production costs strictly decline with no change in gross revenue or gross consumer surplus if the prior actions strictly increase the variance of marginal costs without changing the marginal-cost sum. Therefore, unless the cost of inducing second-stage asymmetry more than offsets this reduction in production costs, the private and social optima are asymmetric. (JEL D43, L13, L40)

scholarly journals The State Regulation Mechanism for the Insurance System Development in Ukraine

2020 ◽  
Vol 3 (45) ◽  
pp. 148-154
Author(s):  
L. M. Voytovych ◽  
Keyword(s):  
System Development ◽  
State Regulation ◽  
The State ◽  
Regulation Mechanism ◽  
Insurance System ◽  
Insurance Sector ◽  
Effective Performance ◽  
The One ◽  
Financial Monitoring ◽  
Antitrust Regulation

The purpose of the research is to suggest scientific approaches to prove the necessity of conducting state regulation, to construct a mechanism for the state regulation of the insurance system and to find some opportunities to improve this mechanism in order to develop both the insurance system and the national economy. The article analyzes the conceptual and categorical framework of the theory of the state regulation of the insurance system and considers various approaches to understanding the concept of the state regulation mechanism in the insurance sector. The main specific features of the state regulation in the insurance market, one the one hand, and the state regulation in the insurance system, on the other hand, is highlighted. It is determined that the development of the insurance system is influenced by a combination of factors, so the system’s regulation provided by the state acquires specific features subject to the time, country and economic policy adopted. A new take on the concept of the state regulation of the insurance system is proposed, defining it as the application of the state leverage to influence the bunch of elements that ensure the effective performance of the insurance system in order to achieve its stable development and economic growth. A mechanism of state regulation of the insurance system development has been built, which should include the following elements: the strategic goal, tasks, subjects, objects, principles, functions, methods and tools, forms of the state regulation and factors influencing the insurance system development. The following principles of the state regulation of the insurance system development are highlighted: sufficiency, adequacy, consistency, openness, fairness, expediency, efficiency, stability. The following forms of the state regulation have been studied: statutory regulation, administrative regulation, antitrust regulation, tax regulation, price regulation, financial monitoring.

scholarly journals Protection against imposing unfavorable contract terms by the dominant party in the russian legislation: issues of ensuring the balance of convenience

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Kirill Andreevich Pisenko ◽  
Stanislav Lvovich Botvinnik
Keyword(s):  
Legal Regulation ◽  
Philosophical Perspective ◽  
Public And Private ◽  
Scientific Methods ◽  
Dominant Party ◽  
Legal Method ◽  
General Logic ◽  
Legal Nature ◽  
Definition Of ◽  
Antitrust Regulation

Legal issues of counteracting the imposition of unfavorable contract terms by the dominant party raise a number of theoretical and practical problems. The authors of the article try to determine the legal nature of imposition and develop methods of comprehensive counteraction to this violation in order to ensure the balance of convenience. From the philosophical perspective and a certain worldview, the study is based on the balance of convenience regarded as the objective foundation of legal regulation. The main philosophical and scientific methods used in this article include the dialectic method, the formal-legal method, the method of legal hermeneutics, as well as the comparative-legal and empirical methods. The theoretical basis is represented by scientific works in the field of civil, administrative, entrepreneurial and procedural branches of law. The legal nature of imposition as a type of violation should be determined with due regard to the general logic of antitrust regulation. The parallel use of both public and private law necessitates the development of procedural legal means ensuring uniform law enforcement and the balance of convenience. First of all, the unity of approaches regarding legal tools of public and civil law should be concerned with the definition of features and the essence of elements compiling the imposition itself. The authors also propose approaches to the formation of an appropriate procedural model.

scholarly journals Russian intellectual immunities under the Eurasian Economic Union

2019 ◽  
pp. 22-27
Author(s):  
E. A. Kuznetsova ◽  
M. Yu. Kot
Keyword(s):  
Intellectual Property ◽  
Russian Market ◽  
Eurasian Economic Union ◽  
Antitrust Laws ◽  
Assessment Techniques ◽  
Economic Union ◽  
The Law ◽  
Antitrust Regulation

The problem of the abolishment of “intellectual immunities” has remained relevant for many years. According to Russia’s Federal Antimonopoly Service, the lack of antitrust control over the disposal of exclusive rights makes the Russian market vulnerable before foreign holders of intellectual rights. In fact, the regulator is entitled to impose antitrust restrictions on exclusive rights. This power is expressly stipulated by the Treaty on the Eurasian Economic Union, which still provides for “intellectual immunities” for foreign holders of intellectual rights. Therefore, the removal of these immunities from the law is a prerequisite for improvement of the antitrust regulation, which must be followed by systemic modification of the antitrust laws, in the first place, by expansion of competition assessment techniques in the field of intellectual property and by setting boundaries in respect of antitrust control, preserving the powers conferred on holders of intellectual rights.

scholarly journals Professional standard as an instrument of state development policy competition

2018 ◽  
pp. 16-20
Author(s):  
A. V. Molchanov
Keyword(s):  
Russian Federation ◽  
Development Policy ◽  
Competition Law ◽  
Federal State ◽  
Professional Standard ◽  
Educational Standards ◽  
Public Discussion ◽  
The Russian Federation ◽  
State Educational ◽  
Antitrust Regulation

In today’s Russia there is an objective need for specialists in the field of competition law and antitrust regulation. Adoption of the relevant professional standard, as well as the inclusion of disciplines of competition law and antitrust regulation in federal state educational standards is a prerequisite for meeting this need. The draft professional standard “Specialist in the field of competition law”, developed by the FAS Russia in conjunction with the Association of Antimonopoly Experts and the Chamber of Commerce and Industry of the Russian Federation, was submitted for public discussion.

Antitrust Regulation and the Restructuring of Grocery Retailing in Britain and the USA

1992 ◽  
Vol 24 (5) ◽  
pp. 727-749 ◽  
Author(s):  
N Wrigley
Keyword(s):  
Regulatory Environment ◽  
Postwar Period ◽  
Recent Period ◽  
Grocery Retailing ◽  
The Us ◽  
Return On Capital ◽  
The Usa ◽  
Corporate Concentration ◽  
Antitrust Regulation ◽  
Regulatory Convergence

In this paper it is demonstrated how disparities which emerged between British and US grocery retailing in the 1980s—in corporate concentration, power relations, profitability, return on capital employed, and in geographical structure—owe a considerable amount to the differential nature of the regulatory environments in which the industries operated. In particular, the author focuses upon antitrust (competition) legislation and its differential interpretation and enforcement in the two countries. Following a survey of that legislation, the regulatory experience of grocery retailing in the postwar period is considered in detail. The hostility of the US regulatory environment to the development of big capital in retailing throughout much of the period is contrasted with the benign regulatory environment experienced by UK grocery retailers. Finally, the implications of this differential regulatory experience during a more recent period of nonenforcement and regulatory convergence are considered.

Antitrust Regulation of IT Giants` Activities: Main Trends of Foreign and Russian Legislation

2021 ◽  
Author(s):  
D.V. Shram ◽  
Keyword(s):  
House Of Representatives ◽  
Network Effects ◽  
The United States ◽  
The European Union ◽  
The United Kingdom ◽  
The Us ◽  
The Usa ◽  
Economic Concentration ◽  
The Uk ◽  
Antitrust Regulation

The article is devoted to the antimonopoly regulation of IT giants` activities. The author presents an overview of the main trends in foreign and Russian legislation in this area. The problems the antimonopoly regulation of digital markets faces are the following: the complexity of determining the criteria for the dominant position of economic entities in the digital economy and the criteria for assessing the economic concentration in the commodity digital markets; the identification and suppression of cartels; the relationship between competition law and intellectual property rights in the digital age. Some aspects of these problems are considered through the prism of the main trends in the antimonopoly policy in the United States, the European Union, the United Kingdom and Russia. The investigation findings of the USA House of Representatives Antitrust Subcommittee against Apple, Google, Amazon and Facebook are presented. The author justifies the need to separate them, which requires the adoption of appropriate amendments to the antimonopoly legislation. The article analyzes the draft law of the European Commission on the regulation of digital markets – Digital Markets Act, reveals the criteria for classifying IT companies as «gatekeepers», and notes the specific approaches to antimonopoly regulation in the UK and the US. The article describes the concepts «digital platform» and «network effects», presented in the «fifth antimonopoly package of amendments», developed in 2018 by the Federal Antimonopoly Service of the Russian Federation, and gives an overview of the comments of the Ministry of Economic Development regarding these concepts wording in the text of the draft law, which formed the basis for the negative conclusion of the regulator. It is concluded that in the context of the digital markets’ globalization, there is a need for the international legal nature antitrust norms formation, since regional legislation obviously cannot cope with the monopolistic activities of IT giants.

Chinese Antitrust Exceptionalism

2021 ◽  
Author(s):  
Angela Huyue Zhang
Keyword(s):  
Multinational Companies ◽  
Institutional Factors ◽  
Economic Order ◽  
Market Failures ◽  
Cautionary Tale ◽  
Doing Business ◽  
Foreign Countries ◽  
Business In China ◽  
Antitrust Regulation ◽  
Western Democracies

This book explores the clash between antitrust, a body of law originally designed to address market failures in western democracies, and China, an economic superpower under authoritarian control. It analyses two simultaneous sources of conflict. The first is the significant challenges Chinese antitrust regulation poses to foreign multinational companies doing business in China. The second is the tremendous difficulties Chinese firms face in complying with antitrust rules in foreign countries. Ultimately, the book offers a cautionary tale of the challenges globalization poses to law and economic order by showing that the conflicts observed today are deeply rooted in institutional factors, both political and economic.

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