scholarly journals Effect of price discrimination in discounts form on competition: normal trade practices or exclusionary power tool

2020 ◽  
pp. 41-47
Author(s):  
D. Cherednichenko
Keyword(s):  
Price Discrimination ◽  
Competition Law ◽  
Economic Literature ◽  
Trade Practice

To define a tiny line between price discrimination in form of discounts as a normal trade practice and an exclusionary power tool, this article provides a systematization and classification of pro- and anticompetitive effects of rebates. The analysis is based on a review of economic literature, the competition law, competition cases, and respective court judgments.

Economic analysis of the firm’s boundaries and the limits of competition: The case of Nord Stream 2 AG

2021 ◽  
pp. 134-151
Author(s):  
S. B. Avdasheva ◽  
G. F. Yusupova
Keyword(s):  
Price Discrimination ◽  
Joint Venture ◽  
Competition Law ◽  
Competition Authority ◽  
Gas Market ◽  
Infrastructure Investments ◽  
Nord Stream ◽  
Economic Concentration ◽  
Legal Concepts ◽  
Available Information

Using publicly available information, the article examines the economic concepts, which underlie the arguments of the decision of Polish competition authority UOKiK in relation to the participants of the Nord Stream 2. It explains the interrelation between economic and legal concepts, which are to be applied to interpret the competitive impact of joint venture and probable theory of harm for infrastructure investments under competition law of European Union, including in comparison with Russian competition law. It has been demonstrated that the resolution of a consortium case should be based on the proof of two statements. The first statement implies that the joint venture is a firm (and therefore the creation of a joint venture is a deal leading to economic concentration). The second statement means that despite Gazprom adopted the commitments about decision of the European Commission and trends in the development of the European gas market, the possibility of price discrimination is retained. Discussion and contestation of the decision against PJSC Gazprom testify in favor of maintaining the relevance of institutional studies and studies of industry markets for resolving legal disputes arising from the application of competition law.

Competition law and digital ecosystems: Learning to walk before we run

2021 ◽  
Author(s):  
Frederic Jenny
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Economic Literature ◽  
Competitive Strategies ◽  
Business Policy ◽  
Competition Analysis ◽  
Competition Law Enforcement ◽  
Platforms And Ecosystems ◽  
Traditional Competition

Abstract The paper analyzes the challenges faced by competition authorities with respect to the digital sector. Borrowing insights from the business policy literature and from the economic literature, the paper first analyzes the specificities of digital firms (multi-sided platforms and ecosystems) with respect to their development and competitive strategies. Building on this foundation the paper explores some of the challenges of applying traditional competition analysis to competition in the business sector. We then discuss a number of issues relevant to competition law enforcement in the digital sector starting with the role of data, competition within ecosystems and between ecosystems, consumer biases, and the role of gatekeepers. We conclude with a research agenda for economists and competition authorities.

“Sham” Litigation

2017 ◽  
Vol 62 (4) ◽  
pp. 643-689
Author(s):  
Ioannis Lianos ◽  
Pierre Regibeau
Keyword(s):  
Mechanism Design ◽  
Competition Law ◽  
Design Approach ◽  
Economic Literature ◽  
Litigation Process ◽  
Operational Tests ◽  
The U.S ◽  
The Eu

In both the U.S. and the EU, the antitrust category of “sham litigation” (in the U.S.) or “vexatious litigation” (in the EU) enables a plaintiff, or a defendant in case this action forms part of a counterclaim, to argue that the introduction of litigation may constitute, under certain conditions, an infringement of competition law. This naturally leads to the question of what is a workable standard for establishing the existence of sham litigation, and how it is possible to distinguish between the legitimate use of the regulatory/litigation process and strategic attempts to use the process in order to restrict competition. Legal and economic literature, as well as the courts, have struggled to define operational tests enabling them to determine the boundaries of the “sham”/“vexatious” litigation antitrust category. This article examines the intellectual underpinnings of this form of abusive/anticompetitive conduct and puts forward a “mechanism design approach” with the aim to reduce the occurrence of sham litigation.

scholarly journals Leasing: Genesis, Definitions, Classification

2019 ◽  
Author(s):  
V. Havryliuk
Keyword(s):  
Financial Intermediation ◽  
Economic Literature ◽  
Historical Aspects ◽  
Scientific Substantiation ◽  
Definition Of ◽  
Different Characteristics

The historical aspects of the development of leasing have been thoroughly researched in the economic literature, however, scientists have divergent views on the interpretation of some positions on these issues. Insufficient definition of the concept of leasing and blurring of its classification adversely affects the participants of the leasing relations that interact with each other, so the specified direction of the study requires clear specification to avoid duplication of concepts, which confirms the relevance and purpose of the topic. The article analyzes the historical aspects of the development of leasing, the content, value and objective causes of the leasing relationship. The scientific substantiation of modern approaches to the interpretation of the term "leasing" has been formed. The scientific views and approaches to the classification of types of leasing according to different characteristics are investigated, as well as its features and disadvantages. The prospects for a well-functioning financial intermediation in the form of leasing are related to a number of problems. In particular, the research requires the definition of leasing, as well as the formulation of a clear classification based on the fundamental differences and features of each type of leasing

scholarly journals Has the conduct-based approach to competition law in South Africa led to consistent interpretations of harm to competition?

2012 ◽  
Vol 11 (3) ◽  
pp. 292-304
Author(s):  
Ryan Hawthorne
Keyword(s):  
South Africa ◽  
Price Discrimination ◽  
Competition Law ◽  
Competitive Effect ◽  
Competitive Effects ◽  
Competitive Action ◽  
Economic Foundations

The Competition Act and certain recent decisions by the competition authorities are examined here to assess the extent to which South Africa’s conduct-based approach to competition law has led to consistent outcomes in the assessment of effects on competition. This has not been the case in the assessment of anti-competitive effects among customers or resellers when a supplier accused of an anti-competitive action does not compete with its customers. An anti-competitive effect among customers or resellers is treated as anti-competitive when it arises from some form of conduct, such as price discrimination. However, it is not seen as anti-competitive when it arises from a refusal to supply, for example. Possible reasons for South Africa’s conduct-based approach and this inconsistent outcome in the assessment of competition among customers and resellers, including the economic foundations of the relevant approaches and their relationship with competition law in other jurisdictions, are assessed. 

FRAND Defences Against the Grant of Injunctive Relief: Applying Huawei v ZTE in Singapore and China

2021 ◽  
Vol 16 (1) ◽  
pp. 33-60
Author(s):  
Joseph Lau
Keyword(s):  
European Union ◽  
Market Power ◽  
Competition Law ◽  
The European Union ◽  
Dominant Position ◽  
Court Of Justice ◽  
Telecommunications Sector ◽  
Injunctive Relief ◽  
Standard Essential Patents

AbstractFrom the size of A4 paper to 5G in the telecommunications sector, standards are ubiquitous. Standard essential patents (SEPs), which protect technology essential to standards, enable their proprietors to gain significant market power. Antitrust authorities therefore scrutinize the exercise of SEPs for breaches of competition law. In this regard, the ability of SEP proprietors to obtain injunctions against implementers as a remedy for infringement of SEPs where licensing negotiations have broken down or are ‘ongoing’ has proven controversial. Some fear that this enables SEP proprietors to threaten injunctions unless implementers agree to unfair, unreasonable, or discriminatory terms. In Huawei Technologies Co Ltd v ZTE Corp [2015] ECLI:EU:C:2015:477, the Court of Justice of the European Union identified circumstances where a SEP proprietor's application for injunctive relief as a remedy for infringement of its SEP constitutes an abuse of a dominant position, with the classification of the SEP proprietor's application as being abusive forming a ‘FRAND Defence’ which implementers may invoke against the grant of the injunction requested. This article analyzes whether this approach can be replicated by the Singapore Courts and whether the Chinese Courts, which have already dealt with SEP licensing disputes, adopt a similar approach.

Sports mega events effectiveness analysis: The economists’ view

2018 ◽  
pp. 149-160
Author(s):  
K. O. Butaeva ◽  
S. Weber ◽  
D. V. Davydov
Keyword(s):  
Social Effects ◽  
Economic Literature ◽  
Sports Economics ◽  
Development Trends ◽  
Mega Events ◽  
Effectiveness Analysis ◽  
Ex Post

The paper reviews ex post studies on the economic and social effects of sports mega events. The aim of the article is to sum up the existing economic literature about sports mega events and to emphasize the importance of sports economics development. The main results are the classification of the material and non-material sports mega event’s effects outlined in the economic papers and the exposure of sports economics development trends.

scholarly journals Network Neutrality: A Survey of the Economic Literature

2010 ◽  
Vol 9 (2) ◽  
Author(s):  
Florian Schuett
Keyword(s):  
Price Discrimination ◽  
Network Neutrality ◽  
Economic Literature ◽  
Termination Fees ◽  
Vertical Foreclosure ◽  
Second Degree

This paper reviews the small but growing economic literature on network neutrality. It considers a number of possible departures from network neutrality, in particular termination fees, second-degree price discrimination, and vertical foreclosure.

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