scholarly journals Požiūrio į bendrai kontroliuojamus ūkio subjektus raida Europos Sąjungos konkurencijos teisėje

Teisė ◽  
2012 ◽  
Vol 83 ◽  
pp. 62-81
Author(s):  
Lauras Butkevičius
Keyword(s):  
Joint Ventures ◽  
Joint Venture ◽  
Competition Law ◽  
Legal Regulation ◽  
Historical Aspects ◽  
Law System ◽  
The Law

Straipsnyje analizuojami bendrai kontroliuojamų ūkio subjektų teisinio reguliavimo Europos Sąjungos konkurencijos teisėje istoriniai aspektai ir atskleidžiamos visapusiškai funkcionuojančio ir bendrai kontroliuojamo ūkio subjekto instituto susiformavimą nulėmusios aplinkybės ir priežastys. Nagrinėjamos temos pasirinkimą lėmė ne atsitiktiniai veiksniai, bet numatomi Konkurencijos įstatymo pakeitimai, susiję su Lietuvos teisei naujo visapusiškai funkcionuojančio ir bendrai kontroliuojamo ūkio subjekto instituto įtvirtinimu.This article analyses historical aspects of legal regulation of joint ventures and reveals reasons for the formation of full-function joint venture conceptin competition law of the European Union.This article was inspired by the proposed amendments to the Law on Competition and intentions to introduce full-function joint ventures to the Lithuanian competition law system.

The Treatment of Unregistered Commercial Joint Ventures in Jordanian Law

2009 ◽  
Vol 23 (1) ◽  
pp. 59-103
Author(s):  
Mohammad Hussein Bashayreh
Keyword(s):  
Rule Of Law ◽  
Joint Ventures ◽  
Joint Venture ◽  
Construction Sector ◽  
The Law ◽  
Foreign Entrepreneurs ◽  
Local Firms

AbstractJoint ventures are common in Jordan, especially in the construction sector. Local firms and foreign entrepreneurs use them for different legal and competition considerations. However, joint ventures are not regulated as such, hence their disputable legal characterisation. Jordanian courts treat commercial joint ventures as valid companies with juridical personalities regardless of incorporation formalities. Courts apparently take this as a rule of law. Relevant cases reveal inconsistency and are not wholly consonant with the law. While judicial creativity may be classifying joint ventures as companies sui generis, this article seeks to establish that this is incorrect. The nature of a joint venture should rest on the underlying agreement, which may envisage a general partnership, a silent company, or another scheme. Existing legislations are satisfactory as this article explains. Accordingly, the judicial approach should be abandoned to avoid current uncertainties and to attain predictability of consistent legal solutions.

scholarly journals Application of the concept of collective dominance in the Russian competition law: challenges and solutions

2020 ◽  
Vol 210 ◽  
pp. 13030
Author(s):  
Igor Bashlakov-Nikolaev ◽  
Sergey Maximov
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Legal Regulation ◽  
Formal Approach ◽  
The Law ◽  
Definition Of ◽  
Statutory Regulation ◽  
Collective Dominance

The Russian competition law does not include the definition of the concept of collective dominance, and the notion of this institution itself contains many gaps. The indicated disadvantages of statutory regulation and simplified approaches of the Federal Antimonopoly Service, which became possible due to the formal approach, have led to the formation of controversial law enforcement practice by the antimonopoly authority and courts. The article presents the analysis of legal regulation, as well as the law enforcement practice, and proposition on solutions to the stated problems.

5. Secondary participation: parties to a crime

2020 ◽  
pp. 184-226
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Joint Ventures ◽  
Joint Venture ◽  
Mens Rea ◽  
Actus Reus ◽  
The Law ◽  
Law Commission

This chapter focuses on accessories to a crime or those who assist or encourage another to commit a crime. It discusses the conditions for liability under actus reus and mens rea, and explains that an accessory can be held liable for a crime and given the same punishment. The chapter explains accessorial liability for offences which go beyond the joint venture, and defences to secondary participation, evaluating whether victims can also be considered as accessories. The chapter provides examples of relevant cases including the case of Jogee, which, following recommendations of reform from the Law Commission and others, made significant changes to accessorial liability in joint ventures.

scholarly journals The Legislative Regulation of the Status of Joint Ventures in the USSR

Legal Concept ◽  
2019 ◽  
pp. 61-67
Author(s):  
Tatiana Krasilnikova
Keyword(s):  
Joint Ventures ◽  
Joint Venture ◽  
Civil Law ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Business Associations ◽  
Legal Literature ◽  
Legal Nature ◽  
The Status ◽  
Legal Space

Introduction: the paper is devoted to the joint ventures, international economic associations established and operating in the territory of the USSR. It is one of the first studies in the modern legal literature devoted to the analysis of the Soviet legislation determining the status of these types of economic entities. The aim of the study is to determine the legal nature of the joint venture as a legal entity, to identify the features of its legal capacity from the perspective of the civil law theory and practice. Results: the main problems that arise in the creation and operation of joint ventures, as well as the existing gaps in the Soviet legal space in the mechanism of the legal regulation of the organization and activities of entities with foreign participation are revealed. The peculiarity of the policy of the Soviet state in relation to business corporations, including joint ventures and international business associations, was a combination of administrative, legal and civil law methods of regulating their organization and activities.

5. Secondary participation: parties to a crime

2018 ◽  
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Joint Ventures ◽  
Joint Venture ◽  
Mens Rea ◽  
Actus Reus ◽  
The Law ◽  
Law Commission

This chapter focuses on accessories to a crime or those who assist or encourage another to commit a crime. It discusses the conditions for liability under actus reus and mens rea, and explains that an accessory can be held liable for a crime and given the same punishment. The chapter explains accessorial liability for offences which go beyond the joint venture, and defences to secondary participation, evaluating whether victims can also be considered as accessories. The chapter provides examples of relevant cases including the case of Jogee, which, following recommendations of reform from the Law Commission and others, made significant changes to accessorial liability in joint ventures.

Gemeinschaftsunternehmen nach dem „Ost-Fleisch“ Beschluss des BGH

2003 ◽  
Vol 1 (2) ◽  
pp. 187-199
Author(s):  
Albrecht Bach
Keyword(s):  
Joint Ventures ◽  
Joint Venture ◽  
Competition Law ◽  
Time Frame ◽  
Merger Control ◽  
Simultaneous Application ◽  
Control Rules ◽  
Competition Rules ◽  
Competitive Behaviour ◽  
Definition Of

Abstract The annotated decision is a landmark case on joint ventures under German competition law. The court confirmed that rules on merger control and on the prohibition of anti-competitive behaviour are two separate sets of rules which might both apply to joint ventures. Joint ventures are therefore submitted to a two stage test under sections 1 and 36 et seq. GWB as long as they are cooperative in nature. The distinction between cooperative and concentrative joint ventures is regarded to be a "helpful tool" to limit the scope of application of section 1 GWB (prohibition of anti-competitive behaviour). For practical purposes the BGH considers section 1 GWB to be blocked by the rules on merger control if a joint venture' is concentrative. The BGH’s definition of concentrative joint ventures uses criteria similar to those applied in the Commission's 1994 notice on concentrative and cooperative joint ventures. The court rightly held that the joint ventures autonomy is not material for distinguishing cooperative and concentrative joint ventures. In the present case, the parents were actual competitors in the product and geographical markets of the joint ventures under formation. It was therefore likely that competition between the parents would be reduced. Nevertheless, the court is criticized for relying only on the cost reduction intended by the parents to deduce their interest in coordinating competitive behaviour. Possible use of the joint venture as a device for coordination was held to be sufficient to constitute an infringement of section 1 GWB.The decision raised specific procedural questions as the court of appeal had issued separate decisions dealing with the respective application of merger control rules and the prohibition of cartels. The BGH held that a decision prohibiting the joint venture on both grounds could not form the object of separate court decisions. Actual german competition rules do not provide for both sets of rules to be applied in the same proceedings. However, under Regulation 1/2003 the Bundeskartellamt will be forced to apply Article 81 EC and German merger control rules simultaneously within the time frame for merger cases. The current reform of german competition law should provide for simultaneous application in purely national cases as well.

scholarly journals The concept and essence of electronic transactions in the civil law of Ukraine

2021 ◽  
Vol 66 ◽  
pp. 81-87
Author(s):  
O.I. Zmykalo
Keyword(s):  
Civil Rights ◽  
Characteristic Feature ◽  
Electronic Commerce ◽  
Civil Law ◽  
Legal Regulation ◽  
Law System ◽  
Legal Method ◽  
Telecommunication Systems ◽  
Electronic Transactions ◽  
The Law

This research is devoted to the analysis of the legal regulation of electronic transactions in the civil law of Ukraine, the disclosure of problematic issues related to the practical application of the Law of Ukraine "On Electronic Commerce". Within the framework of this article, a theoretical and applied study of various approaches of scientists was carried out, as well as the position of the legislator regarding the understanding of the concept and essence of an electronic transaction through its comparison with traditional approaches to understanding the concept and essence of a transaction. The analysis of the Law of Ukraine "On Electronic Commerce" was carried out, and it was found that the latter defines the organizational and legal basis for activities in the field of electronic commerce in Ukraine, establishes the procedure for making electronic transactions using information and telecommunication systems and determines the rights and obligations of participants in relations in the field of electronic commerce. To achieve this goal, the author applied methods characteristic of legal science. The study was conducted out using the dialectical method of cognition of legal reality, which provided an opportunity to analyze the essence of electronic transactions as a variety of legal facts affecting the dynamics of legal obligations in the civil law system of Ukraine. Whereas the use of the formal-legal method made it possible to analyze the regulations related to the regulation of electronic transactions, which contributed to the proper disclosure of the research objectives. Based on the study, the authors conclude that electronic transactions, like transactions in general, are a kind of legal facts acting in the form of an act of strong-willed lawful behavior aimed at establishing, changing or terminating civil rights and obligations. It has been established that a characteristic feature of electronic transactions is that they are carried out using information and telecommunication systems. It was determined that a characteristic feature of electronic transactions is interactivity, efficiency and multimedia.

Оскарження рішень, дій чи бездіяльності публічної адміністрації як вид гарантії забезпечення надання публічних послуг у судовому порядку

2019 ◽  
Vol 24 ◽  
Author(s):  
О. В. Бойко
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Public Services ◽  
Legal Regulation ◽  
Scientific Article ◽  
Preliminary Stage ◽  
The Law ◽  
The Moment ◽  
Court Hearing

The scientific article identifies the peculiarities of appealing the decisions, actions or omissions of public administration subjects on the provision of public services at the stage of initiation and preparation for judicial review of an administrative case. The author substantiates the feasibility of improving the legal regulation of the procedure for holding a preliminary hearing before the court hearing of the case. In particular, it is considered expedient to set the terms of the preparatory meeting from the moment of receipt of the administrative claim, as well as to determine the cases when the parties are not reconciled.It is established that the preliminary stage of the court hearing often ends with the conclusion of the preliminary proceedings and the appointment of the case to trial in the field of public services. This is not against the law. However, it should be borne in mind that in accordance with Art. 121 of the CAS of Ukraine such a decision is delivered by the consequences of preparatory proceedings, not the previous court hearing. Obviously, preparatory proceedings are not limited to, and do not always end at, a previous court hearing. Preparation may continue after a preliminary hearing. Therefore, the decision to close the preliminary proceedings and assign the case to trial after the consequences of the previous court hearing can only be made if the judge has taken all the measures necessary to hear the case. If during a previous court hearing in the field of public services, to which all persons involved in the case have arrived, the issues necessary for its consideration have been resolved, then, with the written consent of these persons, a court hearing may be initiated on the same day. In this case, the termination order is also delivered.

Peranan Hukum Dalam Pembangunan Ekonomi Negara Menurut Pandangan Ibnu Khaldun

Al-Risalah ◽  
2018 ◽  
Vol 11 (02) ◽  
pp. 75
Author(s):  
M Lohot Hasibuan
Keyword(s):  
Economic System ◽  
National Economy ◽  
External Factors ◽  
Economic Productivity ◽  
Law System ◽  
The Law ◽  
Almost All

 The law is no longer a record of behaviors which shape  the live of society; instead the law is expected to reveal the new  powers which expect the prosperity of the society. As the result,  almost all aspects of life are tied by law. The law should also realize  that there are external factors which effect the law and in the  application in reality. In that way, when designing the law policy,  the designer needs to consider some aspects such as psychology,  sociology,  and  geography.  Concerning  on  the  development  of  national economy, Ibnu Khaldun stated that law system should be  based on religion rule for the reason that the law will organize the  economic  system  well  to  be  balance  and  develop  the  economic  productivity 

scholarly journals Protecting the ‘Law’ in Competition Law

2020 ◽  
Vol 11 (7) ◽  
pp. 333-334
Author(s):  
Pablo Ibáñez Colomo
Keyword(s):  
Competition Law ◽  
The Law
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