The Impact of EU Competition Rules on Lithuanian Competition Law

2014 ◽  
Author(s):  
Rimantas Antanas Stanikunas ◽  
Arunas Burkinas
Keyword(s):  
Competition Law ◽  
Competition Rules ◽  
The Impact

scholarly journals What Has Changed in European Concept of Undertaking? From „FENIN“ to „EASY PAY“

2021 ◽  
Vol 1 ◽  
pp. 81-88
Author(s):  
Katarína Kalesná
Keyword(s):  
Economic Activity ◽  
Competition Law ◽  
Case Law ◽  
Internal Market ◽  
Correct Interpretation ◽  
General Internal ◽  
Key Concepts ◽  
Regulatory Principle ◽  
Competition Rules ◽  
The Impact

Competition is the main self-regulatory principle of the market in general, internal market included. Competition law has the form of general clauses making its application dependant on the correct interpretation of general concepts. Core competition rules of the Functional Treaty („TFEU“) are addressed to undertakings; undertaking thus belongs to key concepts of competition law. Interpretation of this concept is decisive for the scope of competition rules application. So, the article explores different approaches of the case law to the interpretation of the concept of undertaking based on economic activity.  It compares the FENIN doctrine and the new functional test of separability developed in EASY PAY. It drives attention to the impact of this new test for the evaluation of procurement activities under competition scrutiny.

scholarly journals Assessing the Impact of Registering Non-Traditional Marks

2018 ◽  
pp. 235-256
Author(s):  
Lavinia Brancusi
Keyword(s):  
Law And Economics ◽  
Focal Point ◽  
Market Competition ◽  
Competition Law ◽  
Market Definition ◽  
Negative Effects ◽  
Trademark Law ◽  
Competition Rules ◽  
Product Substitutability ◽  
The Impact

This chapter discusses possible negative effects on market competition resulting from registration and exercise of NTTMs. A first insight into EU judicial precedents dealing with trademarks reveals the risk of different practices violating competition rules. A following inquiry from a “law and economics” approach emphasizes certain competition concerns characteristic of NTTMs. The focal point concerns the issue of product substitutability, with a consideration as to whether competition law perspective may be of some use for trademark law, especially for functionality cases featuring NTTMs. After articulating the need of applying a functionality test based on product delineation and an assessment of substitutable alternatives, separate remarks discuss market definition in competition law underlining cases of narrowly defined markets because of branding strategies. The study advocates the use of methods and proofs modeled on those applied in competition law for examining the registrability and resolution of conflicts related to NTTMs.

scholarly journals EU Competition Law Put to the Brexit Test: What Impact Might the Exit of the UK from the Union Have on the Enforcement of the Competition Rules?

2018 ◽  
Vol 11 (17) ◽  
pp. 7-27
Author(s):  
Arianna Andreangeli
Keyword(s):  
European Union ◽  
Future Development ◽  
Competition Law ◽  
The European Union ◽  
Eu Competition Law ◽  
Competition Rules ◽  
The Uk ◽  
The Impact ◽  
Competition Enforcement

This contribution examines some of the consequences of the UK’s exit from the European Union for the enforcement of the competition rules. It reflects on the impact that Brexit is going to have on future transnational antitrust litigation in Britain and Europe. Thereafter it analyses the challenges that Brexit is likely to present for cooperation in public competition enforcement and suggests solutions for future development.

scholarly journals THE RELATION BETWEEN COMPETITION AND HIGHER EDUCATION. LEGAL FRAMEWORK OF AN ALBANIAN CASE

2012 ◽  
Vol 44 (1) ◽  
pp. 43-52
Author(s):  
Juliana Latifi
Keyword(s):  
Higher Education ◽  
Competition Law ◽  
Legal Framework ◽  
Private Institutions ◽  
Public And Private ◽  
Free Competition ◽  
Higher Education Quality ◽  
Competition Rules ◽  
Service Standards ◽  
The Impact

At present, Albania faces a reality in which education as a public interest is provided by both public as well as private institutions. The liberalisation of access in higher education has resulted in public and/or private institutions which provide the same service – education, compete with each other in trying to attract the same customer – the student. Competition is considered as a key instrument that has produced a diversity/variety of higher education institutions and with more choices to the student. This research is aimed at analysing the relation existing between competition and higher education as well as its impact on higher education in Albania. In this analysis we have addressed four important issues: 1. Liberalisation of higher education and the impact of competition 2. Competition law in education 3. The mechanism of free competition - the market of students 4. Using competition to promote reform in higher education This study is based on the interpretation of the domestic legislation, analysis of policy documents and articles, as well as interviews with 10 key persons and 20 students. This research helps understanding the role competition plays in the higher education sector, which has resulted in a tangible reform being undertaken by the public and private HEI themselves. This reform is based on the adaptation of competition rules with the purpose of achieving provision of a qualitative service – standards based education. Key words: competition law, higher education, quality, reform, student.

Anticompetitive Effects in EU Competition Law

2020 ◽  
Author(s):  
Pablo Ibáñez Colomo
Keyword(s):  
Competition Law ◽  
Case Law ◽  
Time Variable ◽  
Court Of Justice ◽  
Open Questions ◽  
Eu Competition Law ◽  
Competitive Disadvantage ◽  
Probability Threshold ◽  
The Impact ◽  
Freedom Of Action

Abstract This article examines the meaning and scope of the notion of anticompetitive effects in EU competition law. It does so by bringing together several strands of the case law (and this across all provisions, namely Articles 101 and 102 TFEU and merger control). The analysis is structured around a framework that considers the main variables that shape the notion in practice: the time variable (actual or potential effects); the dimensions of competition and the counterfactual; the meaning of effects and the probability threshold (plausibility, likelihood, certainty). The exercise shows that it is possible to discern a concrete meaning to the notion of anticompetitive effects. Some central questions, including the role and operation of the counterfactual and the threshold of effects, have already been answered by the Court of Justice. In particular, it has long been clear that anticompetitive effects amount to more than a mere competitive disadvantage and/or a limitation of a firm’s freedom of action. The impact on equally efficient firms’ ability and/or incentive to compete would need to be established. At the same time, some open questions and some potential areas of friction (relating, inter alia, to stakeholders’ tendency to conflate appreciability and effects) remain. These are also discussed.

scholarly journals Substantive and Procedural Issues of Cement Sector Investigations in Turkey

2017 ◽  
Vol 10 (16) ◽  
pp. 205-226
Author(s):  
Hanna Stakheyeva ◽  
Ertugrul Canbolat
Keyword(s):  
Competition Law ◽  
Market Analysis ◽  
Cement Industry ◽  
Competitive Dynamics ◽  
Competition Authority ◽  
Construction Sector ◽  
Competition Rules ◽  
Potential Impact ◽  
Information Requests ◽  
Legal Grounds

In 2016, the Turkish Competition Authority (hereinafter, TCA) published the Cement Sector Inquiry Report (hereinafter, Cement Sector Report) following more than two years of market analysis. One of the reasons for conducting such a market inquiry was the fact that the implementation of competition rules and accuracy of the economic analysis by the TCA in cement cases were frequently criticized. In order to provide some guidance and have better understanding about the competitive dynamics of the cement market, the TCA initiated the inquiry in 2014. Another reason for the inquiry was the importance of the cement industry for the construction sector and the economy of Turkey, as well as numerous competition law concerns in this sector. The article provides an analysis of the substantive and procedural issues in the TCA activity in the cement sector in Turkey. Particular emphasis is placed on the assessment of the Cement Sector Report and common competition law violations in the sector in Turkey based on a review of the decisions of the TCA. Additionally, legal grounds for conducting sector inquiries in Turkey, as well as limits to and potential impact on the TCA’s powers to issue extensive compulsory information requests (in the light of the recent CJEU’s judgements in cement cartel cases) are discussed. Overall, the article provides the reader with a better understanding of the Turkish cement sector dynamics and most common anticompetitive practices there. In conclusion, it is argued that inspite of having a reputation of a “problematic sector”, the behaviour of cement producers and developments in the cement market in Turkey may be justified by economic reasons and the oligopolistic nature of this market.

scholarly journals Electronic commerce and the fashion industry: new challenges for competition law coming from the Digital Single Market

2019 ◽  
Vol 5 (2) ◽  
pp. 15-33
Author(s):  
Caterina Fratea
Keyword(s):  
Electronic Commerce ◽  
Industrial Revolution ◽  
Competition Law ◽  
Single Market ◽  
Fashion Industry ◽  
The European Union ◽  
Online Sales ◽  
Competition Rules ◽  
Commercial Landscape ◽  
Market Strategies

Digital technology has changed our markets to an extent last seen during the industrial revolution and electronic commerce has been growing steadily over the last decade. This paper intends to assess how the development of online sales has affected market strategies and the application of competition law, with a particular focus on the selective distribution agreements within the fashion industry. Secondly, the case law of the Court of Justice of the European Union is analysed in order to show how certain new contractual clauses, that have become frequent in the digital commercial landscape, require competition rules to be read under a new lens. The final part is dedicated to the recent Geo-blocking Regulation which represents one the most significant measures within the Digital Single Market, highlighting both its coordination with antitrust provisions and its application when competition law does not apply.

23. Particular sectors

2021 ◽  
pp. 1019-1055
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Law ◽  
Transport Sector ◽  
Current Debate ◽  
Electronic Communications ◽  
Digital Platforms ◽  
Military Equipment ◽  
Eu Competition Law ◽  
Competition Rules ◽  
The Uk ◽  
The Eu

This chapter deals with four issues. First it will briefly examine three sectors of the economy that are wholly or partly excluded from EU competition law, namely nuclear energy, military equipment and agriculture; the special regime that once existed for coal and steel products under the former European Coal and Steel Community (‘the ECSC’) Treaty is also mentioned in passing. Secondly, it will explain the application of the EU competition rules apply to the transport sector. Thirdly, the chapter will consider the specific circumstances of four so-called ‘regulated industries’, electronic communications, post, energy and water, where a combination of legislation, regulation and competition law seek to promote competition. Last, but by no means least, the current debate concerning digital platforms is discussed where it is likely that ex ante regulatory rules will be introduced, both in the EU and the UK, to address concerns about anti-competitive conduct and a tendency towards the monopolisation of markets.

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