scholarly journals Indonesia Sharia Bank Merger Process Reviewed from Business Competition Laws

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Shahyb Handyanto ◽  
Monita Sri Astuti ◽  
Kevin Surya Ajiputra
Keyword(s):  
Subject Matter ◽  
Competition Law ◽  
Islamic Banks ◽  
Legal Principles ◽  
Large Market ◽  
Bank Merger ◽  
Merger Process ◽  
Competition Laws ◽  
The Subject ◽  
Competition Situation

Islamic bank entities in Indonesia, namely BNI Syariah, BRI Syariah, and Bank Syariah Mandiri have merged to become Bank Syariah Indonesia. The merger process was effective on February 1, 2021. As we know, the three banks are state-owned, which have significant assets and have a reasonably large market in Indonesia. In connection with business competition law which seeks to create a fair business competition situation in Indonesia, every corporate action, including merger activities, must be notified to the Business Competition Supervision Commission (hereinafter as KPPU) to assess whether monopolistic practices or unfair business competition have occurred or not. The notification is an effort to supervise every business actor in order to carry out activities that do not violate business competition and do not harm other parties. This study aims to examine normatively the merger process carried out based on business competition law in Indonesia. The research uses materials from both regulations, legal principles, doctrine, and sources related to the subject matter. The data obtained were then analyzed for further analysis to produce conclusions. The results showed that the merger process between the three Islamic banks in Indonesia did not violate the business competition law because it did not occur in a position monopoly and the absence of monopolistic practices.

Application of competition law and the law relating to unfair competition

2018 ◽  
Author(s):  
Winfried Tilmann
Keyword(s):  
Competitive Advantage ◽  
Subject Matter ◽  
Patent Protection ◽  
Competition Law ◽  
General Rule ◽  
Unfair Competition ◽  
Dominant Position ◽  
The Subject ◽  
The Law ◽  
A Company

The acquisition of an EPUE may be impermissible under competition law only in special exceptional cases. This conceivably might hold true where a recognizable strategy of obstruction (Art 102 TFEU) is pursued by a company holding a dominant position with the aim of walling in competitors, without such patent proprietor having any intention of using the subject matter of patent protection himself. Also conceivably falling under the heading of inadmissible obstruction is the acquisition of a large number of patents by which the acquiring entity pursues the aim not of exploiting them but instead of using such acquisition to its own competitive advantage. The acquisition of such IP rights used merely for blockading purposes may qualify as part of the aforementioned strategy of obstruction and as such violate Art 102 TFEU. This may make it impermissible to invoke the patent: the competitor affected can raise the objection of abuse of a dominant position, which the UPC is in the position to consider (Art 32(1)(a) UPCA). As a general rule, such violation does not give rise to an obligation of cancellation because, if held by others actually using it themselves, it may turn out that the patent is no longer ‘flawed’.

Cartel Damages

2020 ◽  
Author(s):  
Veljanovski Cento
Keyword(s):  
Economic Theory ◽  
Economic Analysis ◽  
Competition Law ◽  
Case Law ◽  
Pragmatic Approach ◽  
Practical Guide ◽  
Bank Of England ◽  
Competition Laws ◽  
The Subject ◽  
Law And Legislation

This book represents a comprehensive, practical guide on the law, economics, and measurement of cartel damages under UK and European competition laws. It draws together the most recent research on cartels, economic analysis, empirical techniques, case law, and legislation to examine how the quantification of losses suffered by those harmed by a cartel are, and could be, applied under European and UK competition laws. Written with the practitioner in mind, the book displays a rigorous yet pragmatic approach to the subject. Detailed discussions of leading cases complement the treatment of the application of economic theory and empirical techniques in competition law and litigation. Three appendices provide the reader with quick reference guides to statistics on European Commission Cartel Decisions (1999 to 2019), Bank of England ‘base rate’ (1980 to 2019), and where to find key documents and information. The book is a practical guide to issues of increasing importance and relevance in competition law.

6. Patentable Subject Matter

2019 ◽  
pp. 139-161
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Public Policy ◽  
Subject Matter ◽  
Industrial Application ◽  
Patent Protection ◽  
Patent Law ◽  
European Patent ◽  
Legal Principles ◽  
The Subject ◽  
Patentable Subject Matter

This chapter considers the subject matter for which European patents may validly be granted under the European Patent Convention (EPC), and the substantive European (EPC and EU) legal principles governing their identification and conception. To this end it discusses the two-fold role of the requirement for an invention in European patent law: first, as a means of filtering protectable from non-protectable subject matter; and second, as a means of denoting the object of patent protection, i.e. that which must be new, inventive, susceptible of industrial application, and clearly and sufficiently defined and described in the patent specification, and that with reference to which the scope of the patent monopoly is defined under Article 69 EPC. It also discusses the range of public policy-based exclusions from European patentability, and their relation to the requirement for an invention itself.

scholarly journals Romiešu sabiedrības līgums (societa) un romiešu tiesiskie principi mūsdienu Latvijas tiesībās

2015 ◽  
Vol 3 (3) ◽  
pp. 91-98
Author(s):  
Allars Apsītis
Keyword(s):  
Subject Matter ◽  
Civil Law ◽  
Legal Regulation ◽  
Roman Law ◽  
Legal Principles ◽  
Moral Principles ◽  
The Subject ◽  
The Republic ◽  
Partnership Agreement

Rakstā atspoguļoti autora veiktās romiešu tiesību pirmavotu, galvenokārt romiešu sabiedrības līguma (societa – lat. val.), tiesiskā regulējuma izpētes rezultāti par minētā regulējuma un modernās Latvijas likumdošanas aktu idejiskajām kopsakarībām. Tajā uzsvērta romiešu legālo principu ietekme uz tādu darījumu, kuru priekšmets ir neatļauta un nepieklājīga darbība ar reliģijai, likumiem vai labiem tikumiem pretēju mērķi, spēkā neesamības tiesiskajā reglamentācijā, kā arī uz Latvijas Republikas Civillikumā ietverto “maldības”, “viltus”, “nosacījumu”, “termiņu” un “tiesiska darījuma formas” koncepciju romiskajiem pamatiem. Latvijas pētnieki minēto tematiku šādā skatupunktā īpaši nav aplūkojuši, ar publikācijām latviešu valodā autoram saskarties nav nācies, tāpēc šis pētījums varētu dot ieguldījumu nacionālās tiesību zinātnes attīstībā. The article deals with the results of the author’s research performed on the original sources of the legal regulation of Roman Law, mainly, Roman partnership agreement (societa – Latin) in relation to the principles of interconnections between the above mentioned regulation and the legislative acts of modern Latvia. The influence of Roman legal principles in relation to the regulation of an impermissible or indecent action has been pointed out, the purpose of which is contrary to religion, laws or moral principles – it may not be the subject-matter of a lawful transaction; such a transaction is void; there have also been emphasised such concepts as “mistake”, “fraud”, “conditions”, “terms” and “form of lawful transaction”, which are based on the Roman Law and included into the Civil Law of the Republic of Latvia. Latvian researchers have not studied the above mentioned problems in relation to these aspects; the author has not found any publication in Latvian concerning these issues. Thus, the research might be a particular contribution to the development of national jurisprudence.

scholarly journals PENEGAKAN HUKUM PERSAINGAN USAHA DALAM PENERAPAN ALAT BUKTI TIDAK LANGSUNG (IndIrect evIdence) TERHADAP PRAKTIK KARTEL

2020 ◽  
Vol 8 (2) ◽  
pp. 260
Author(s):  
Dimas Surya Pranata ◽  
Hernawan Hadi
Keyword(s):  
Law Enforcement ◽  
Indirect Evidence ◽  
Competition Law ◽  
Unfair Competition ◽  
Legal Research ◽  
Legal Principles ◽  
Study Materials ◽  
Legal Problems ◽  
Competition Laws

<p>Abstract<br />This article aims to know the enforcement of business competition law in the implementation of indirect  evidence on cartel practices.This article belongs to legal principles and legal doctrines in order to answer the legal problems encountered who based focus read and study materials primary and secondary law. For law drafting to be able to produce arguments for new theories or concepts, it is a prescription for solving the problems of this legal research. The results of the research indicate that the enforcement of business competition law against cartel practices in Indonesia continues to face obstacles and has not been maximized. This indirect evidence can be used as a solution to the difficulty of proving the practice of cartels in business competition laws, provided that they are equipped with other evidence. Indirect evidence may be included in the category of evidence in Article 42 of Law No. 5 of 1999 on Prohibition of Monopoly Practices and Unfair Competition.<br />Keywords: Law Enforcement; Indirect evidence; Cartel Practices</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui penegakan hukum persaingan usaha terhadap penerapan alat  bukti tidak langsung (indirect evidence) terhadap praktik kartel. Artikel ini merupakan penelitian hukum doktrinal atau normatif yaitu suatu proses untuk menemukan aturan hukum, prinsip-prinsip hukum, maupun doktin-doktrin hukum guna menjawab isu hukum yang dihadapi yang dilakukan dengan cara meneliti bahan pustaka (library based) yang berfokus pada membaca dan mempelajari bahan-bahan hukum primer dan sekunder. Sehingga penulisan hukum mampu menghasilkan argumentasi teori atau konsep baru sebagai preskripsi dalam menyelesaikan masalah yang terkait dalam penelitian hukum ini. Hasil Penelitian menyatakan penegakan hukum persaingan usaha terhadap praktik kartel di Indonesia masih menemui kendala dan belum maksimal. Alat bukti tidak langsung (indirect evidence) ini dapat dijadikan solusi atas sulitnya pembuktikan praktik kartel dalam hukum persaingan usaha, Alat bukti tidak langsung (indirect evidence) dapat dimasukkan dalam kategori alat bukti sebagaimana yang dimaksud dalam ketentuan Pasal 42 Undang-Undang Nomor 5 Tahun 1999 tentang Larangan Praktik Monopoli dan Persaingan Usaha Tidak Sehat. <br />Kata Kunci: Penegakan Hukum; Indirect evidence; Praktik Kartel</p>

scholarly journals Legal principles of implementation of migration administrative procedures

2020 ◽  
Vol 1 (1) ◽  
pp. 251-257
Author(s):  
Yuriy Yermakov
Keyword(s):  
Human Rights ◽  
Subject Matter ◽  
Legal Regulation ◽  
The State ◽  
National Strategy ◽  
Legal Basis ◽  
Administrative Services ◽  
Legal Principles ◽  
Administrative Procedures ◽  
The Subject

The article deals with coverage of legal regulation of administrative procedures in the field of migration. It has been established that the legal regulation of the provision of administrative services in the field of migration is based on the subject matter of the normative legal acts in the sphere of: 1) citizenship, including the issue of acquisition of citizenship of Ukraine; types of services for citizens of Ukraine on departure abroad, etc .; 2) immigration - arrival in Ukraine or leaving in Ukraine in accordance with the procedure established by law of foreigners and stateless persons for permanent residence. The author has classified legal acts of the legal basis of administrative procedures in the field of migration should be as follows: laws of Ukraine to be adopted by the Verkhovna Rada of Ukraine. For example, Law of Ukraine of January 18, 2001 No. 2235 “On Citizenship of Ukraine”; Law of Ukraine of 21.01.1994 No. 3857I "On the Procedure of Departure from Ukraine and Entry of Citizens of Ukraine into Ukraine"; Law of Ukraine of November 20, 2012 No. 5492 “On the Unified State Demographic Register and Documents Confirming Ukrainian Citizenship, Identifying a Person or Special Status”, etc .; decrees and decrees of the President of Ukraine (for example, Decree of the President of Ukraine dated 25.08.2015 No. 501/2015 "On approval of the National Strategy in the field of human rights"; Decree of the President of Ukraine of 27.03.2001 No. 215/2001 "Issues of organization of implementation of the Law of Ukraine" On Citizenship Decree of the President of Ukraine №327 / 2015 "On the admission of the citizenship of Ukraine to Lortkipanidze G. as a person whose acceptance into the citizenship of Ukraine is of national interest for Ukraine", etc.; resolutions and orders of the Cabinet of Ministers of Ukraine (eg Verkhov resolution Council of Ukraine of 26.06.1992 № 2503-XII "On Approval of the Provisions on the Passport of the Citizen of Ukraine"; Decree of the Cabinet of Ministers of Ukraine of 21.01.1993 No. 793 "On the State Duty"; specimen form, technical description and procedure for registration, issuance, exchange, transfer, withdrawal, return to the state, destruction of the passport of a citizen of Ukraine for traveling abroad, his temporary detention and withdrawal”, etc.; 4) orders, instructions, regulations, etc. of central and local executive authorities (for example, to obtain administrative services for acquiring citizenship of Ukraine are governed by normative legal acts, including Order of the Ministry of Internal Affairs No. 715 of 16.08.2012; etc.).

scholarly journals Defence of dominant undertaking

2020 ◽  
Vol 54 (4) ◽  
pp. 1321-1338
Author(s):  
Sandra Fišer-Šobot
Keyword(s):  
European Union ◽  
Subject Matter ◽  
Competition Law ◽  
The European Union ◽  
Dominant Firm ◽  
The Subject ◽  
Abuse Of Dominance

Abuse of dominance is prohibited. However, exclusionary conduct of dominant undertaking may escape prohibition under Article 102 of the Treaty on the Functioning of the European Union if the dominant firm can prove that there is a justification for its actions. The subject matter of this paper is the analysis of possible defences of a dominant firm, as well as identification of theoretical and practical problems relating to the defence of dominant undertaking in the competition law of the European Union.

Words

PMLA ◽  
1935 ◽  
Vol 50 (4) ◽  
pp. 1320-1327
Author(s):  
Colbert Searles
Keyword(s):  
Subject Matter ◽  
Assistant Professor ◽  
The Subject

THE germ of that which follows came into being many years ago in the days of my youth as a university instructor and assistant professor. It was generated by the then quite outspoken attitude of colleagues in the “exact sciences”; the sciences of which the subject-matter can be exactly weighed and measured and the force of its movements mathematically demonstrated. They assured us that the study of languages and literature had little or nothing scientific about it because: “It had no domain of concrete fact in which to work.” Ergo, the scientific spirit was theirs by a stroke of “efficacious grace” as it were. Ours was at best only a kind of “sufficient grace,” pleasant and even necessary to have, but which could, by no means ensure a reception among the elected.

The Taxonomic Structuring of Medical Information and its Usefulness in this Form

1965 ◽  
Vol 04 (03) ◽  
pp. 112-114 ◽  
Author(s):  
H. Zinsser
Keyword(s):  
Subject Matter ◽  
Medical Information ◽  
Central Core ◽  
Diagnostic Strategy ◽  
Programmed Instruction ◽  
Orderly Fashion ◽  
The Subject

An outline has been presented in historical fashion of the steps devised to organize the central core of medical information allowing the subject matter, the patient, to define the nature and the progression of the diseases from which he suffers, with and without therapy; and approaches have been made to organize this information in such fashion as to align the definitions in orderly fashion to teach both diagnostic strategy and the content of the diseases by programmed instruction.

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