scholarly journals Digital economy and antitrust law: The unity and conflict of opposites

Pravovedenie ◽  
2019 ◽  
Vol 63 (4) ◽  
pp. 486-521
Author(s):  
Alexey Yu. Ivanov ◽  
Keyword(s):  
Market Power ◽  
Industrial Revolution ◽  
Positive Impact ◽  
Competition Law ◽  
Digital Economy ◽  
Antitrust Law ◽  
Positive Role ◽  
Capitalist System ◽  
Brics Countries ◽  
The World

The digital economy has become a new milestone in human development, but along with the benefits of digitalization and globalization of the world economy it has brought an unprecedented increase in the concentration of market power in the hands of a small group of digital monopolies and a rapid increase in global inequality, which creates systemic imbalances in the development of society. According to a number of experts, a likely consequence of such imbalances in development may be long-term instability that already entails fundamental risks for the existence of the capitalist system. Antitrust law has already played a positive role in overcoming such challenges in the development of the capitalist system during the technological transformations of the late 19th century and the first half of the 20th century. It has allowed the USA and a number of other Western countries to go through the last great industrial revolution in a less painful way than those countries, including Russia, which experienced a dismantling of the capitalist system and were unable to withstand the pressures of accelerated development. This article analyzes the reasons that prevented antitrust law from playing a similar balancing role during the ongoing industrial revolution and proposes possible measures to improve mechanisms of antitrust regulation of the digital economy. Among the most promising avenues for creating effective checks and balances on the growing market power of global digital platforms are the emerging formats for antitrust cooperation within the framework of regional associations of developing countries, primarily on the BRICS platform. Cooperation between the BRICS countries in the sphere of competition law and policy may also become a serious factor for the formation of a global antitrust regime, which does not currently exist. Moreover, given the positioning of the BRICS countries in the world system, such cooperation allows for the creation of a global competition law that would promote a wider dissemination of knowledge and advanced technologies and help remove barriers to global innovation flows that are now set by global technological monopolies. Cooperation in this sphere would have a positive impact on reducing global inequalities.

scholarly journals Price Algorithms as a Threat to Competition Under the Conditions of Digital Economy: Approaches to Antimonopoly Legislation of BRICS Countries

2020 ◽  
Vol 7 (2) ◽  
pp. 94-117
Author(s):  
A. Spiridonova ◽  
E. Juchnevicius
Keyword(s):  
Economic Activity ◽  
Competition Law ◽  
Digital Economy ◽  
Antitrust Law ◽  
Interstate Cooperation ◽  
Brics Countries ◽  
Legal Problems ◽  
Antitrust Laws ◽  
Antitrust Regulation ◽  
Price Algorithm

The authors examine certain legal problems of antitrust regulation in the digital economy facing the international community, including BRICS member countries. This article focuses on the problems associated with the use of price algorithms by enterprises as a threat factor to competition. The concept of “price algorithm” and the goals of its use by enterprises are analyzed; it is concluded that the use of price algorithms is just one of the tools for conducting economic activity. At the same time, enterprises can pose a threat to competition by using price algorithms as an element of concluding anti-competitive agreements (concerted actions) between enterprises and illegal coordination of their activities. Restriction of competition through the use of price algorithms can harm consumers of goods, works, and services and should be controlled by antitrust authorities. Based on the analysis of the antitrust laws of the BRICS member countries, it is concluded that currently the concept of a “pricing algorithm” is not enshrined in the laws of any of the BRICS member states, however, there are prohibitions on anticompetitive agreements of enterprises and illegal coordination of economic activity. We refute the need to legally enshrine the concept of “price algorithm” in antitrust law. At the same time, it proves that enterprises should be held accountable for the use of the price algorithm as atool to limit competition. The paper proves that within the framework of interstate cooperation of the BRICS countries in the field of competition law, it is necessary to develop common approaches to antitrust regulation in the digital economy, including to ensure auniform approach to regulating and controlling the use of price algorithms by enterprises in the framework of economic activity.

Competition Policy for the New Era

2018 ◽  
Keyword(s):  
Developing Countries ◽  
Emerging Economies ◽  
Competition Policy ◽  
Competition Law ◽  
Critical Discussion ◽  
Industrialized Countries ◽  
Collective Wisdom ◽  
Brics Countries ◽  
Law And Policy ◽  
The World

This book presents a new stage in the contributions of the BRICS countries (Brazil, Russia, India, China, and South Africa) to the development of Competition Law and policy. These countries have significant influence in their respective regions and in the world. The changing global environment means greater political and economic role for the BRICS and other emerging countries. BRICS countries are expected to contribute nearly half of all global gross domestic product growth by 2020. For more than a century, the path of Competition Law has been defined by the developed and industrialized countries of the world. Much later, developing countries and emerging economies came on the scene. They experience many of the old competition problems, but they also experience new problems, and experience even the old problems differently. Where are the fora to talk about Competition Law and policy fit for developing and emerging economies? The contributors in this book are well-known academic and practising economists and lawyers from both developed and developing countries. The chapters begin with a brief introduction of the topic, followed by a critical discussion and a conclusion. Accordingly, each chapter is organized around a central argument made by its author(s) in relation to the issue or case study discussed. These arguments are thoughtful, precise, and very different from each another. Each chapter is written to be a valuable freestanding contribution to our collective wisdom. The set of case studies as a whole helps to build a collection of different perspectives on competition policy.

scholarly journals The scope of competition law in the digital economy

Pravovedenie ◽  
2019 ◽  
Vol 63 (4) ◽  
pp. 522-572
Author(s):  
Ioannis Lianos ◽  
◽  
Zingales Nicolo ◽  
Andrew McLean ◽  
Azza Raslan ◽  
...  
Keyword(s):  
Personal Data ◽  
Competition Law ◽  
Digital Economy ◽  
Competition Authority ◽  
Digital Platforms ◽  
Brics Countries ◽  
Explicit Consent ◽  
Data Portability ◽  
The Right ◽  
Interim Measures

The article reveals new problems arising in the digital economy and the need for antimonopoly regulation. It also analyzes the legal remedies and procedures for competition law in the context of digitalization. Redesigning competition law procedures for the digital economy can take two forms: 1) ensure the rate of competition law enforcement so as to avoid acting in situations when market tipping has already occurred and it is almost impossible to reverse the anticompetitive outcome; 2) develop remedial action that takes into account the scale of anticompetitive behavior, which might better reflect the complexity of digital markets. Competition authorities should consider utilizing interim measures and commitment decisions in the digital economy, both instruments playing a complementary role. Interim measures can be used within a revised framework with lower thresholds, but this should only be reserved for complicated and lengthy investigations where there is risk of irreversible harm to competition. These measures should be applied to the most harmful violations, such as cartels and abuse of dominance. Commitment decisions can be utilized to address less serious violations where it is also beneficial to the competition authority to reach a swift resolution. The article analyzes the division of companies as a way to eliminate violations. Division can take different forms and need not be structural. A certain ‘light-touch’ separation may be achieved by policies mandating that digital platforms not use personal data that has been harvested by the members of their ecosystems unless they have the explicit consent of their users. The article also addresses issues such as data portability and cross-platform compatibility. The authors have proved that the BRICS countries need to supplement their national legislation on the protection of personal data in terms of norms on their portability. Although it is not mainly designed as a tool to combat monopolies and market power, data portability will have a significant impact on competition in digital markets. Multisided digital platforms are characterized by a high network and lock-in effects. In a winner takes all, or most, where undertakings compete for the market rather than in the market, the right to data portability may provide some relief from the power that large digital platforms hold.

scholarly journals The analysis of the digital transformation trends in the Ukrainian economy

VUZF Review ◽  
2021 ◽  
Vol 6 (4) ◽  
pp. 136-144
Author(s):  
Hanna Snopenko ◽  
Olga Balueva ◽  
Olena Tanchyk
Keyword(s):  
Development Strategy ◽  
Business Models ◽  
Business Processes ◽  
Industrial Revolution ◽  
Digital Economy ◽  
Digital Transformation ◽  
New Production ◽  
Fourth Industrial Revolution ◽  
Digital World ◽  
The World

The consistent evolution of technology around the world creates new production tools and opportunities for different economic agents. As a result, new economic structures are emerging as a result of industrial revolutions. Today, the digital economy is seen as the backbone of the fourth industrial revolution, as there is a clear shift in the underlying technology and signs of a technological and economic paradigm shift. The current stage of the industrial revolution is associated with the Internet communication technologies development, which has significantly changed the technology of business processes and has been called "digitalisation". Thus, the fourth industrial revolution and the third wave of globalisation are based on the digital economy. The article explores trends in the development of the Ukrainian economy under the influence of ubiquitous digitalisation. Digital transformation changes traditional business models of organisations, allowing them to occupy profitable niches in global markets, raising the prestige of business and the state as a whole. In today's environment, the level of digitalisation illustrates the degree of companies' competitiveness and is a determining factor in development strategy. To analyse the processes of digitalisation and determine the place of Ukraine in the digital world, the article identifies and describes four zones of digital transformation, which are particular to the world economies. It is determined that Ukraine has fallen into a zone of prospective economies, where digital infrastructure is limited. Still, digital development is accelerating, indicating the potential for digitalisation to flourish, which will benefit economic recovery from the COVID-19 pandemic and long-term transformation. Ukraine's integral digital transformation index score is placed at 2.81 out of a possible 5 in 2021. It was determined that the main barriers to the digital transformation development in Ukrainian business include ineffective legislation, insufficient funding and low digital literacy of the population. However, the highest score among the index components was given to companies' overall level of digital transformation. A positive result of the survey is confirmation of increased investment in the digital technologies development in Ukraine: priority investments in this area include customer interaction, data analytics and HR management.

scholarly journals REVITALISASI PERAN PESANTREN DI ERA 4.0

2020 ◽  
Vol 6 (01) ◽  
pp. 128
Author(s):  
Mohammad Darwis
Keyword(s):  
Artificial Intelligence ◽  
Big Data ◽  
Industrial Revolution ◽  
Digital Economy ◽  
Process Of Change ◽  
The World

This paper discusses the revitalization of the role of pesantren in the 4.0 era by critically examining the process of change and development of pesantren due to the industrial revolution 4.0. This study begins with the development of an era that is entering the 4.0 revolution era, where all life is done digitally, starting from the digital economy, artificial intelligence, big data, and robotic. This will further change the established pesantren curriculum system, and in this era the world of education will experience its own challenges to adjust it including the education found in pesantren. Therefore pesantren must be able to make a change by revitalizing the role of pesantren so that later the existence of pesantren in the community can continue to be maintained, and pesantren graduates will be able to compete when in the community.

scholarly journals GROWTH LIMITS AND EUROPEAN FIDUCIARY MONEY

2021 ◽  
Vol 14 (27) ◽  
Author(s):  
Vesna Petrović ◽  
Ivan Mirović
Keyword(s):  
The United States ◽  
Western World ◽  
The European Union ◽  
Capitalist System ◽  
Brics Countries ◽  
Moral Category ◽  
Monetary Economy ◽  
The World ◽  
Growth Limits ◽  
Global World

Тhis paper considers the phenomenon of global growth, emphasizing the slowdown and (limits) of the Western GDP growth. By comparing the United States as the most mature economy in the world, China as the new hegemon, the OECD countries, the BRICS countries, and the rest of the world, we show the growth and unequal development of the five "regional futures" of the global world. In addition to the imminent economic reasons for the backwardness of Western economies and societies, the crisis of the structure and functioning of the democratic capitalist system, and the ecological limits of sustainability, we emphasize two non-economic moments: the end of liberalism as a fundamental ideology of the Western world, and the loss of trust, which is a fundamental moral category. According to futurist forecasts, the West has slowed down, the financial system has been damaged, and the recovery is slow and uncertain. The following subjects are being considered: the growth paradigm, the belief in lasting progress, the end of liberalism and the loss of confidence, the recovery of Western economies, some monetary policy measures, and European fiduciary money and the slowdown of the growth in the Eurozone. The monetary economy of the euro as an agreed single currency has caused strong changes in the Eurozone and has “trapped” the European Union. The euro economy, among other things, is responsible for the sharp division of the Eurozone member states into surplus and deficit countries, and the Eurozone crisis, stagnation, and slowdown in economic (non- economic) growth.

scholarly journals Imagining a Counterfactual Section 36: Rebalancing New Zealand's Competition Law Framework

2015 ◽  
Vol 46 (4) ◽  
pp. 1043
Author(s):  
Andrew I Gavil
Keyword(s):  
Market Power ◽  
Competition Law ◽  
The World ◽  
Consensus View ◽  
Unreliable Method

Like the competition-related laws of most other nations, s 36 of New Zealand's Commerce Act 1986 includes a prohibition of some unilateral acts by firms with substantial market power. Such prohibitions reflect the consensus view of many jurisdictions, courts and commentators that the anticompetitive potential of unilateral conduct largely depends on the market power of the firm undertaking it. In lieu of an inquiry into the actual or probable effects of challenged conduct, however, s 36 has been interpreted to rely on a "counterfactual" test, seemingly unique in the world. Under that approach, courts have been directed to ask whether a firm lacking substantial market power would have engaged in the same conduct, and from the answer to that question to infer the likely effects of the conduct by the firm with market power. This article argues that the counterfactual test will frequently be an unreliable method for implementing the language and underlying purposes of s 36.  In many common circumstances it will likely fail to proscribe conduct that may well be harmful to competition and consumers, and result in systematic under-deterrence. In other cases, it may fail to recognise and credit efficiencies that might be unique to the firm with market power, and hence over-deter procompetitive conduct.  The article concludes by considering several options for reform.

PENGUATAN PENGATURAN PESAWAT UDARA TANPA AWAK (DRONE) MELALUI UNDANG-UNDANG

2021 ◽  
Vol 1 (2) ◽  
pp. 103-120
Author(s):  
Mukhlis Al Huda
Keyword(s):  
Industrial Revolution ◽  
Negative Impact ◽  
Positive Impact ◽  
Unmanned Aircraft ◽  
Unmanned Aircraft Systems ◽  
Technological Innovations ◽  
Criminal Sanctions ◽  
Aircraft Systems ◽  
The World ◽  
Administrative Sanction

The development of science and technology has brought the world into the Revolution Industrial 4.0. The Industrial Revolution is marked by artificial intelligence, robotics, e-commerce, nanotechnology, automatic cars, and other innovations. Technological innovations in the world of aviation are unmanned aircraft that have begun to be used for various civilian to military purposes. Observing the increasingly massive use and utilization of unmanned aircraft, the Indonesian government through the Ministry of Transportation has issued a Regulation of the Minister of Transportation Number PM 180 of the Year concerning Control of Operation of Unmanned Aircraft Systems in Airspace Served by Indonesia and renewed by Regulation of the Minister of Transportation Number PM 47 Year 2016 concerning Amendments to the Regulation of the Minister of Transportation Number PM 180 of 2015 concerning Control of Operation of Unmanned Aircraft Systems in Airspace Served by Indonesia. Apart from having a positive impact on civilian and military activities, unmanned aircraft also have a negative impact because they are used for crimes ranging from reconnaissance, drug delivery to theoreticalism. In the Permenhub which regulates unmanned aircraft there is only administrative sanction, therefore there must be a strengthening of the regulation of unmanned aircraft which contains criminal sanctions through the Law.

Competition Law and the Global Landscape

2019 ◽  
pp. 9-16
Author(s):  
Eleanor M. Fox ◽  
Mor Bakhoum
Keyword(s):  
World Trade ◽  
Industrial Revolution ◽  
Competition Law ◽  
The United States ◽  
African Countries ◽  
Sherman Act ◽  
The World ◽  
Trading Partners ◽  
Common Markets ◽  
Cross Fertilization

This chapter assesses the global landscape. Antitrust law originated in the United States with the passage of the Sherman Act in 1890 as a response to the industrial revolution, the growth of giant enterprises, and the great disparity of wealth that seemed to emerge overnight. In the 1970s, the world trading partners negotiated lower trade barriers under the aegis of the General Agreement on Tariffs and Trade (GATT), and as a result, world trade soared. The World Trade Organization (WTO) then developed as the umbrella over the GATT. Meanwhile, developing countries and regions are seeking out conversations and collaborations of their own that have particular relevance to their context and their state of development. African free trade areas and common markets have formed and are forming, and the more informal African Competition Forum is facilitating cross-fertilization, cooperation, better rules and standards, and discovery of modes of operation suitable to the African countries and peoples.

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