scholarly journals THE IMPORTANCE OF THE FAIR COMPETITION IN THE MARKET ECONOMY

2016 ◽  
Vol 9 (4) ◽  
pp. 99-106
Author(s):  
Ramona Mihaela Urziceanu ◽  
Anamaria Georgeta Popa
Keyword(s):  
Market Economy ◽  
Competition Policy ◽  
Competition Law ◽  
Internal Market ◽  
Competitive Market ◽  
Fair Competition ◽  
Proper Functioning ◽  
And Control ◽  
Abuse Of Dominance

For proper functioning of the competitive market, Romania has regulated the Competition Act prohibit agreements, the abuse of dominance and control of economic amalgamation. Therefore, competition law establishes a set of rules applicable to the enterprises and the guarantee of compliance with competition policy, a guarantee in achieving a free and vibrant internal market.

The importance of the fair competition in the market economy

2016 ◽  
Vol 9 (4) ◽  
pp. 99-106
Author(s):  
Ramona Urziceanu ◽  
Anamaria Georgeta Popa
Keyword(s):  
Market Economy ◽  
Competition Policy ◽  
Competition Law ◽  
Internal Market ◽  
Competitive Market ◽  
Fair Competition ◽  
Proper Functioning ◽  
And Control ◽  
Abuse Of Dominance

For proper functioning of the competitive market, Romania has regulated the Competition Act prohibit agreements, the abuse of dominance and control of economic amalgamation. Therefore, competition law establishes a set of rules applicable to the enterprises and the guarantee of compliance with competition policy, a guarantee in achieving a free and vibrant internal market.

Fundamental Rights in EU Competition Enforcement

2021 ◽  
pp. 313-386
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
Internal Market ◽  
Point Of View ◽  
Fundamental Rights ◽  
National Competition ◽  
Eu Competition Policy ◽  
Competition Enforcement

This chapter assesses the role of fundamental rights in EU competition enforcement. EU competition policy comprises a number of limbs, each with its own peculiarities and rules but together contributing to the objective of protecting (relatively) undistorted competition in the Union's internal market. The key reason why EU competition policy is an interesting and important case study from the point of view of fundamental rights application is enforcement. Unlike in other areas, the EU, in particular the European Commission, wields considerable powers when it comes to the protection of undistorted competition in the internal market. Although the extent of the enforcement powers and their potential impact on fundamental rights differs between the various aspects of competition policy, the field as a whole embodies supranational authority as almost none other. This is so despite the fact that in enforcing competition law the Commission cooperates closely with national competition authorities (NCAs) as part of the European Competition Network (ECN) and that the majority of decisions applying EU antitrust rules are taken by the NCAs.

Privilegierungen im Internet

2019 ◽  
Author(s):  
Lorenz W. Jarass
Keyword(s):  
Market Economy ◽  
Competition Law ◽  
Legal Framework ◽  
Competitive Market ◽  
The Internet ◽  
Net Neutrality ◽  
Economic Foundations ◽  
Article 102 Tfeu

As product differentiations, privileges on the internet (such as "zero rating" or "specialised services") are a result of the competitive market economy. However, in the discourse on net neutrality, in the sense of indiscriminate treatment of data, there are calls for regulation as the existing legal framework is considered as inadequate. Based on the conceptual, technical, legal, political and economic foundations, the thesis nevertheless shows that general competition law, in particular Article 102 TFEU, p is a suitable and adequate legal framework. Even after the adoption of Regulation 2015/2120/EU ("Open Internet"), this finding has not lost its relevance. Rather, the thesis describes how both regimes interact, and for which cases a recourse to general competition law is indicated.

Retrospect and Prospect

2020 ◽  
pp. 289-302
Author(s):  
Rex Ahdar
Keyword(s):  
New Zealand ◽  
Environmental Impacts ◽  
Competition Policy ◽  
New Technologies ◽  
Competition Law ◽  
Digital Economy ◽  
Chinese Investment ◽  
Future Developments ◽  
And Control ◽  
Modern Era

This chapter looks back upon the modern era and speculates on future developments. As a modern competition statue, the Commerce Act 1986 stands up well in both substance and form and, overall, can be adjudged to be a success. The courts have battled valiantly to determine often complex disputes in a way that is mostly in harmony with the Act’s objective. A respectable body of antitrust jurisprudence has accumulated in just over three decades. Some challenges faced by NZ competition policy designers and enforcement agencies are generic in nature, being issues facing all antitrust jurisdictions. Common challenges include: (a) greater harmonization of competition law internationally and increased co-operation between enforcement authorities; (b) the challenge posed by the digital economy and new technologies; (c) a renewed concern with “fairness” and socio-political considerations, and; (d) inclusion of new factors such as environmental impacts. Other matters are more specific to New Zealand and include: (i) the response to greater Chinese investment and control (Sinicization) of the economy, and; (ii) the possible accommodation of indigenous Maori business enterprises.

Exclusionary Abuses

2021 ◽  
pp. 79-112
Author(s):  
Renato Nazzini
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
Private Enforcement ◽  
Pharmaceutical Sector ◽  
Public And Private ◽  
The Third ◽  
Public And Private Enforcement ◽  
The Uk ◽  
Abuse Of Dominance ◽  
The Eu

Chapter 4 deals with exclusionary abuses under the Competition Act 1998, covering both public and private enforcement cases. The analysis concerns the approach to dominance as well as tests for abuse, focusing on retroactive rebates and bundled discounts, exclusion in multi-market settings, exclusivity, most favoured nation and equivalent clauses, discrimination, and exclusionary abuses in the pharmaceutical sector. This chapter argues that, in its second decade, modern UK competition law continued a trend that was already clear in the first decade: the prohibition of abuse of dominance is applied in a more economically robust and commercially reasonable way than it is by the EU institutions - the Commission and the EU courts - and in certain other Member States. The chapter notes that the third decade of the Competition Act 1998 will see the UK develop its competition policy free from the constraints of EU law and may allow for some divergence in the approach to exclusionary abuses in the future.

Toward a more robust competition policy regime for Hong Kong

2020 ◽  
Author(s):  
Ping Lin ◽  
Thomas W Ross
Keyword(s):  
Hong Kong ◽  
Best Practices ◽  
Market Economy ◽  
Competition Policy ◽  
Competition Law ◽  
Competitive Markets ◽  
Policy Regime ◽  
Competition Commission ◽  
The Law

Abstract After years of debate, Hong Kong’s new competition law, the Competition Ordinance (CO), took effect in December 2015. Laying out rules to support competitive markets and creating the institutions to administer and enforce those rules, the CO is a modern competition law in many respects, following many best-practices and respecting recent learning in competition economics. This article argues, however, that—at least from an economist’s perspective—in its drafting a series of decisions were made that weaken the law. None is that unusual or critical on its own, however collectively they leave the law less powerful than competition enthusiasts might desire in a modern market economy. We discuss the implications of these decisions and go on to consider some other more unique aspects of the law that might need reconsideration at some point. Finally, we document and discuss the early activities of the Competition Commission of Hong Kong. We conclude that Hong Kong is off to a good start with its new law and its enforcement but that several reforms have the potential to bring a more robust competition policy regime.

scholarly journals Directive (EU) 2019/1 as Another Brick into Empowerment of Slovak Market Regulator

2019 ◽  
Vol 12 (19) ◽  
pp. 149-171
Author(s):  
Hana Kováčiková
Keyword(s):  
Conflict Of Interest ◽  
State Of The Art ◽  
Competition Law ◽  
European Parliament ◽  
Internal Market ◽  
The State ◽  
Member States ◽  
Proper Functioning ◽  
Legal Challenges

The paper analyses the legal challenges brought to the Slovak competition law by Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market. The author selected particular issues from Slovak competition law and compares the state-of-the-art national situation with corresponding parts of this harmonising act. In the paper, specific attention will be given to compliance with safeguards, to the regulation of conflict of interest, to the examination of the effectiveness of enforcement, and to the possibilities of undertakings to avoid their responsibility for the breach of competition law. As the Member States have time for the transposition until 4 February 2021, this paper may initiate the debate on what to improve in Slovak legislation to achieve the goals set in this Directive.

scholarly journals УНАПРЕЂЕЊЕ ПОЛИТИКЕ ЗАШТИТЕ КОНКУРЕНЦИЈЕ У РЕПУБЛИЦИ СРБИЈИ

TEME ◽  
2017 ◽  
pp. 785
Author(s):  
Ivan Đekić
Keyword(s):  
Law Enforcement ◽  
Competition Policy ◽  
Competition Law ◽  
Current Development ◽  
Narrow Sense ◽  
Dominant Position ◽  
Policy Competition ◽  
Abuse Of Dominant Position ◽  
And Control ◽  
Made In

In the study the author observes and analyzes the current development of competition policy in Serbia and gives recommendations for improvement of this policy. Competition policy is seen in the narrow sense, and is concerned with the field of protection and prevention of distortion of competition, or the field of restrictive agreements, abuse of dominant position and control of concentrations. The aim of the study is to provide guidelines for development of competition policy of Serbia. Progress of competition policy is seen through improvements made in the area of competition law and strengthening institutions that implement laws. The results of the competition policy of Serbia are identified and analyzed through relevant international indicators and data from domestic and foreign reports. The conclusion of the author seen in the study is that the progress done in competition policy in Serbia is unsatisfactory and that this policy is ineffective. The aforementioned imposes the need to improve the domestic competition policy, which is the following: a change of focus and approach of competition policy; redefining the key areas of distortion of competition in the law; strengthening law enforcement institutions; and a better promotion of competition policy.

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