The Relevant Market Concept in Competition Law and Its Application to Digital Markets: A Comparative Analysis of the EU, US, and Brazil

2021 ◽  
Author(s):  
Magali Eben ◽  
Viktoria H.S.E. Robertson
Keyword(s):  
Comparative Analysis ◽  
Competition Law ◽  
Relevant Market ◽  
The Eu ◽  
Market Concept

Part III Comparative Analysis of the Transposition Processes and Outcomes, 21 Concluding Remarks

2018 ◽  
Author(s):  
Rodger Barry ◽  
Ferro Miguel Sousa ◽  
Marcos Francisco
Keyword(s):  
Comparative Analysis ◽  
Competition Law ◽  
Private Enforcement ◽  
Practical Application ◽  
Legal Provision ◽  
Joint And Several Liability ◽  
Competition Law Enforcement ◽  
Collective Redress ◽  
Eu Competition Law ◽  
The Eu

This chapter reflects on how the book has examined the implementation of the EU's Antitrust Damages Directive across a selected number of key Member States and how its transposition has impacted on one particular aspect of the EU competition law enforcement framework: private enforcement through competition damages claims. It has discussed the national transposition processes, debates, and final measures introduced and implemented, and how best to incorporate the Directive within the pre-existing national legal provision, as well as considering some of the key problems in implementing the Directive. A number of unresolved and complicated issues have been identified, such as those relating to the practical application of the rules on the presumption of harm, passing-on and quantification of damages, how to determine liability within groups of companies, how to apportion joint and several liability between co-infringers, and consumer/collective redress in the competition law context.

scholarly journals Potential Legal Challenges for Blockchain Technology in Competition Law

2020 ◽  
Vol 13 (1) ◽  
pp. 81-107
Author(s):  
Christophe S. Hutchinson ◽  
Maria A. Egorova
Keyword(s):  
Competition Law ◽  
Relevant Market ◽  
Economic Competition ◽  
Blockchain Technology ◽  
Horizontal Competition ◽  
Eu Competition Law ◽  
Legal Nature ◽  
Legal Challenges ◽  
Measurement Tools ◽  
The Eu

AbstractSince decentralized organizations such as blockchain are not recognized as legal persons, questions arise regarding the ability to detect anti-competitive practices and their perpetrators. Under certain circumstances, if a competitor is unreasonably refused in access to technology, it may well be interpreted as creating an obstacle to his/her entry into the market, which may constitute a violation of the legislation of a country on the protection of economic competition. The exchange of information between players of the same market can present antitrust risks if it helps to fix prices for their products/services or to establish other forms of coordination between such players. The purpose of this study is to provide a description of current EU anticompetitive practices in the field of blockchain-technologies application, as well as to identify challenges in the EU antitrust law related to the emergence of blockchain. This article highlights the challenges blockchain poses for analyzing unilateral anti-competitive practices. This study suggests that EU competition law has a lack of operational and measurement tools to map competitive interactions taking place outside the relevant market, which could lead to rather short-sighted competition law enforcement focusing only on horizontal competition restrictions on relevant markets. The relevance of the topic is associated with the fact that the increased popularity of the use of blockchain technology requires an answer to the question of its legal nature and inclusion in the legal field in order to balance the interests of all parties to economic and legal relations.

scholarly journals Deceptive Conducts before the Patent Office

2019 ◽  
Author(s):  
Eugenio Hoss
Keyword(s):  
Comparative Analysis ◽  
Negative Impact ◽  
Competition Law ◽  
Case Law ◽  
Patent System ◽  
Patent Office ◽  
Patent Landscape ◽  
The Us ◽  
The World ◽  
The Eu

In an increasingly harmonized global patent landscape, few issues still distinguish the US patent system as much as its strict–and often criticized–duty of candor and its inequitable conduct doctrine. The EPO and most other countries around the world impose less burdensome disclosure duties upon patent applicants. What is there to learn from the experience in the US? Have these tools resulted in any benefit worth considering? Yet regardless of the disclosure duties imposed upon patent applicants, a deceptive conduct before the Patent Office could lead to unwarranted exclusive rights and have a negative impact on competition. Should antitrust law intervene? Is it a case of sham litigation? This work attempts to answer those questions through a comparative analysis, examining the law and case law in the US and in the EU from both a patent and a competition law perspective and seeking a workable theory of harm.

Russian Policy of Agriculture Support and the Necessity of Its Modification after WTO Accession

2012 ◽  
pp. 132-149 ◽  
Author(s):  
V. Uzun
Keyword(s):  
Comparative Analysis ◽  
World Trade Organization ◽  
Agricultural Production ◽  
World Trade ◽  
The Us ◽  
The World ◽  
Wto Accession ◽  
The Eu ◽  
Agriculture Support

The article deals with the features of the Russian policy of agriculture support in comparison with the EU and the US policies. Comparative analysis is held considering the scales and levels of collective agriculture support, sources of supporting means, levels and mechanisms of support of agricultural production manufacturers, its consumers, agrarian infrastructure establishments, manufacturers and consumers of each of the principal types of agriculture production. The author makes an attempt to estimate the consequences of Russia’s accession to the World Trade Organization based on a hypothesis that this will result in unification of the manufacturers and consumers’ protection levels in Russia with the countries that have long been WTO members.

Cherneha O. B., Chepurnova A. V. COMPARATIVE ANALYSIS OF UKRAINE AND POLAND FOOD SECURITY LEVELS

2019 ◽  
pp. 9-17
Keyword(s):  
Food Security ◽  
Comparative Analysis ◽  
Rural Development ◽  
Agricultural Policy ◽  
Common Agricultural Policy ◽  
Public Spending ◽  
Development Program ◽  
Rural Development Program ◽  
Security Levels ◽  
The Eu

Objective. The purpose of the article is to compare the levels and mechanisms of food security management in Ukraine and Poland, to identify the main factors influencing the processes of its formation and to determine the directions of increasing the level of Ukraine food security. Methods. The scientific results of the study were obtained using the following methods: theoretical generalization and comparison (for the study of meaningful aspects of the definition of «food security»), analysis and synthesis (for comparative analysis of Ukraine and Poland food security levels), abstract-logical method (for establishing the links between the level of economic development of countries and the levels of their food security and determining the directions of increasing the Ukraine level of food security). Results. On the basis of a comparative analysis of Ukraine and Poland food security levels, a significant gap in Ukraine’s provision of food security has been identified. Thus, with respect to all food security components identified by FAO, except for the «use» of sanitary and safe drinking water, Poland has reached far ahead of Ukraine. It has been found that for the period 2012–2018, the value of the Global Food Security Index for Ukraine decreased by 2.1 due to a decrease in the level of affordability and availability of food, while the Polish side increased its position on GFSI by 2.8 due to the increase in affordability and availability of food in the country. It has been found that the decisive influence on the level of food security in Poland, as well as high ranking in the ranking is carried out by the EU Common Agricultural Policy (CAP), the implementation of the Polish Rural Development Program and significant public spending on agriculture. It has been determined that the main directions for improving the level of food security of Ukraine should be: lifting the moratorium on the sale of agricultural land; financing the agri-food sector not only through public spending but also through EU programs; creation and implementation of the National Rural Development Program; full and unconditional implementation of Government programs on EU integration; adaptation to the EU Common Agricultural Policy standards.

A comparative analysis of the lay-friendliness of Danish EU patient information leaflets from 2000 to 2012

2014 ◽  
Vol 11 (3) ◽  
Author(s):  
Inger Askehave ◽  
Karen Korning Zethsen
Keyword(s):  
Comparative Analysis ◽  
Patient Information ◽  
Patient Information Leaflet ◽  
General Interest ◽  
Information Leaflet ◽  
Empirical Results ◽  
Patient Information Leaflets ◽  
Information Leaflets ◽  
The Subject ◽  
The Eu

Since becoming mandatory in the EU in 1992, the patient information leaflet (PIL) has been the subject of an on-going discussion regarding its ability to provide easily understandable information. This study examines whether the lay-friendliness of Danish PILs has improved from 2000 to 2012 according to the Danish consumers. A reproduction of a questionnaire study from 2000 was carried out. The responses of the 2012 survey were compared to those of the 2000 survey and the analysis showed that Danes are less inclined to read the PIL in 2012 compared to 2000 and that the general interest in PILs has decreased. The number of respondents who deem the PIL easy to read has gone down. According to Danish consumers, the lay-friendliness of PILs has not improved from 2000 to 2012 and a very likely explanation could be that the PIL as a genre has become far too regulated and complex to live up to its original intentions. On the basis of the empirical results the article furthermore offers suggestions for practice changes.

A refusal to grant access to a grid within the provision of crude oil transfer services as an example of a prohibited abuse of a dominant position in the EU and Polish competition law

2018 ◽  
Vol 5 (2) ◽  
pp. 199 ◽  
Author(s):  
Wojciech Paweł SZYDŁO
Keyword(s):  
Crude Oil ◽  
Competition Law ◽  
Eu Law ◽  
The European Union ◽  
Dominant Position ◽  
Oil Companies ◽  
Effective Competition ◽  
Oil Pipelines ◽  
Transfer Services ◽  
The Eu

Aim: The paper discusses cases in which a refusal by an energy enterprise to connect other enterprises to the network is treated as a prohibited abuse of the enterprise's dominant position and, equally, will represent behavior prohibited by art. 12 of the Treaty on the Functioning of the European Union and by art. 9 par. 2 item 2 of the Competition and Consumer Protection Law as well as legal consequences of such refusal. It is important to pinpoint such cases since the EU sectoral regulation does not provide for obligating any undertakings which manage and operate oil pipelines to enter into contracts with other undertakings such as contracts on connecting into their network or contracts on providing crude oil transfer services. Conditions for accessing oil pipelines and selling their transfer capacities are determined by the owners of the networks: private oil companies in the countries across which the pipelines are routed. These conditions are not governed by the EU law.  Furthermore, the very obligation of connecting other entities to own network by energy undertakings operating in the oil transfer sector in Poland will only arise from generally applicable provisions of the Polish competition law.  Design / Research methods: The purpose of the paper has been reached by conducting a doctrinal analysis of relevant provisions of Polish and EU law and an analysis of guidelines issued by the EU governing bodies. Furthermore, the research included the functional analysis method which analyses how law works in practice. Conclusions / findings: The deliberations show that a refusal to access the network will be a manifestation of a prohibited abuse of a dominant position and will be a prohibited action always when the dominant's action is harmful in terms of the allocation effectiveness. It will be particularly harmful when delivery of goods or services objectively required for effective competition on a lower level market, a discriminatory refusal which leads to elimination of an effective competition on the consequent market, a refusal leading to unfair treatment of consumers and an unjustified refusal. Originality / value of the article: The paper discusses the prerequisites which trigger the obligation to connect entities to own network by energy undertakings operating in the oil transfer sector. The obligation has a material impact on the operations of the oil transmitting undertakings, in particular on those who dominate the market. The regulatory bodies in the competition sector may classify a refusal of access to own network by other enterprises as a prohibited abuse of the dominant position, exposing such undertakings to financial consequences.Implications of the research: The research results presented in the paper may be used in decisions issued by the President of the OCCP and in judgement of Polish civil courts and EU courts. This may cause a significant change in the approach to classifying prohibited practices to prohibited behavior which represent abuse of the dominant position. The deliberations may also prompt the Polish and EU legislator to continue works on the legislation.

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