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.

Part II The Member State Reports on Transposition of the Directive, 4 Cyprus

2018 ◽  
Author(s):  
Ioannidou Maria
Keyword(s):  
Law Enforcement ◽  
Member State ◽  
Competition Law ◽  
The State ◽  
Parent Company ◽  
Private Enforcement ◽  
Dominant Position ◽  
Binding Force ◽  
Competition Law Enforcement ◽  
Abuse Of Dominant Position

This chapter examines how the Antitrust Damages Directive has been transposed in Cyprus. It begins with a discussion of the transposition procedure, focusing on the Cypriot competition regime as well as the state of private enforcement in Cyprus. In particular, it provides an overview of the law currently in force against anticompetitive agreements and abuse of dominant position, the Protection of Competition Law of 2008 (13(I)/2008), as amended in 2014 (Law 41(I)/2014) (Cypriot Competition Act), and the provisions relevant to private competition law enforcement. The chapter then considers the history and the different steps of the transposition process before describing the scope of the transposition measure. It also analyses the different provisions of the Cypriot Damages Act and issues that arose during the transposition, such as parent company liability, the binding force of decisions of competition authorities of other Member States, and presumption and quantification of damage caused by cartels or other antitrust infringements.

COMPETITION POLICY AND LAW IN ASEAN

2006 ◽  
Vol 51 (02) ◽  
pp. 241-265 ◽  
Author(s):  
G. SIVALINGAM
Keyword(s):  
Competition Policy ◽  
Economic Structure ◽  
Competition Law ◽  
Dominant Position ◽  
Early Adoption ◽  
Competition Laws ◽  
Asean Countries ◽  
Abuse Of Dominant Position

The focus of this paper is on competition policy and law in the ASEAN countries. The paper begins with a descriptive evaluation of competition policy in the ASEAN countries. We then look at the effect of economic structure on the probability of early adoption of competition law among the ASEAN countries after which the competition laws of the ASEAN countries are evaluated in terms of objectives, jurisdictional exception, horizontal agreements, vertical agreements, definition and abuse of dominant position and mergers. We find that the competition laws of the four ASEAN countries that have implemented competition law are not completely harmonized.

scholarly journals REGULATION AND ENFORCEMENT OF COMPETITION POLICY

2014 ◽  
Author(s):  
Liviana Andreea Niminet
Keyword(s):  
Competition Policy ◽  
Soft Power ◽  
Free Market ◽  
Market Competition ◽  
Competition Law ◽  
Competitive Behavior ◽  
Dominant Position ◽  
Legislative Framework ◽  
Abuse Of Dominant Position ◽  
Competitive Economy

Competition policy starts by shaping a legislative framework. This is aimed to establish boundaries for conducting competition and also sets limits of licit and illicit demarcation, for competitive and anticompetitive practices. The Romanian Competition Law has a divalent approach and it aims to provide specific behavioral conditions in order to stimulate and protect free-market competition, with the ultimate goal of developing a balanced, efficient and competitive economy. Our country’s Competition policy is based on punishing the behavior. There are three such types of anti-competitive behavior, namely: agreements between undertakings, abuse of dominant position and mergers and other concentrations between undertakings. Recent Practice proved that this “enforcement-conduct-punishment” structure is not necessary the best way to address competition and it is high time for authorities to switch both regulation and enforcement of competition from the “classical perspective” towards concepts like “competition advocacy” and “soft power” and give competition policy a new, reshaped face.

scholarly journals Digital Economy, Big Data and Competition Law

2019 ◽  
Vol 3 (1) ◽  
pp. 53-89
Author(s):  
Roberto Augusto Castellanos Pfeiffer
Keyword(s):  
Big Data ◽  
Data Protection ◽  
Personal Data ◽  
Competition Law ◽  
Digital Economy ◽  
Data Driven ◽  
Dominant Position ◽  
Privacy Concerns ◽  
Sense Data ◽  
Abuse Of Dominant Position

Big data has a very important role in the digital economy, because firms have accurate tools to collect, store, analyse, treat, monetise and disseminate voluminous amounts of data. Companies have been improving their revenues with information about the behaviour, preferences, needs, expectations, desires and evaluations of their consumers. In this sense, data could be considered as a productive input. The article focuses on the current discussion regarding the possible use of competition law and policy to address privacy concerns related to big data companies. The most traditional and powerful tool to deal with privacy concerns is personal data protection law. Notwithstanding, the article examines whether competition law should play an important role in data-driven markets where privacy is a key factor. The article suggests a new approach to the following antitrust concepts in cases related to big data platforms: assessment of market power, merger notification thresholds, measurement of merger effects on consumer privacy, and investigation of abuse of dominant position. In this context, the article analyses decisions of competition agencies which reviewed mergers in big data-driven markets, such as Google/DoubleClick, Facebook/ WhatsApp and Microsoft/LinkedIn. It also reviews investigations of alleged abuse of dominant position associated with big data, in particular the proceeding opened by the Bundeskartellamt against Facebook, in which the German antitrust authority prohibited the data processing policy imposed by Facebook on its users. The article concludes that it is important to harmonise the enforcement of competition, consumer and data protection polices in order to choose the proper way to protect the users of dominant platforms, maximising the benefits of the data-driven economy.

scholarly journals An Overview of the New Competition Law: Issues for the Oil and Gas Industry

1987 ◽  
Vol 26 (1) ◽  
pp. 59
Author(s):  
Lawson A. W. Hunter ◽  
John F. Blakney
Keyword(s):  
Joint Ventures ◽  
Oil And Gas ◽  
Competition Law ◽  
Oil And Gas Industry ◽  
Gas Industry ◽  
Dominant Position ◽  
Abuse Of Dominant Position ◽  
Restraint Of Trade

This paper reviews the major changes to Canada's competition law enacted in 1986, including new merger and abuse of dominant position provisions, the establishment of a Competition Tribunal, mandatory pre-notification of certain transactions, and revisions of the prohibition against agreements in restraint of trade. Special attention is given to joint ventures, export agreements and vertically integrated resource companies.

Chimera of domestic antitrust: Institute of collective dominance in Russia

2021 ◽  
pp. 68-88
Author(s):  
A. E. Shastitko ◽  
K. A. Ionkina
Keyword(s):  
Law Enforcement ◽  
Market Analysis ◽  
Legal Norm ◽  
Economic Regulation ◽  
Dominant Position ◽  
Oligopoly Theory ◽  
Russian Version ◽  
Competition Law Enforcement ◽  
Abuse Of Dominant Position ◽  
Collective Dominance

The paper defines the features of the collective dominance institute in Russia as well as the relation between collective dominance and oligopoly in the spheres of law and economic theory. The article evaluates the grounds and consequences of the collective dominance legal norm application; it suggests an approach to examining the relation between effects and expected results of this legal norm application and outlines the potential ways to harmonize the best international practices of the collective dominance norm application with the existing economic standards of product market analysis for the purpose of competition law enforcement. Results of the oligopoly theory and the Russian version of collective dominance institution key elements comparison show: the collective dominance institution concept is inadequately applied to identify individual abuse of dominant position due to possible law enforcement errors. The Russian version of collective dominance institution reflects one fundamental tendency intrinsic to Russian antitrust: examined more closely, law enforcement, which is de jure aimed at protecting competition, appears to be economic regulation, which de facto can lead to competition restriction. One of the possible structural alternatives for the collective dominance institution reforming is based on presumption of the need to analyze the joint impact exerted by a group of undertakings on the market.

10. An Introduction to EU Competition Policy and Law

2017 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
State Aid ◽  
Merger Control ◽  
Dominant Position ◽  
Eu Merger Control ◽  
Eu Competition Law ◽  
Eu Competition Policy ◽  
The Relationship ◽  
Article 102 Tfeu

This chapter discusses EU competition law. It covers the basic outline of EU competition policy; Article 101 TFEU; Article 101(2) TFEU and the consequence of a breach; Article 101(3) TFEU exemptions; Article 102 TFEU and the abuse of a dominant position; the relationship between Arts 101 and 102 TFEU; the enforcement of EU competition law; conflict of EU and national law, state aid; and EU merger control.

6. Competition Policy Defending the Economic Constitution

2017 ◽  
Author(s):  
Stephen Wilks
Keyword(s):  
Economic Analysis ◽  
European Commission ◽  
Competition Policy ◽  
State Aid ◽  
Antitrust Enforcement ◽  
Dominant Position ◽  
Economic Constitution ◽  
Directorate General ◽  
The Law ◽  
Abuse Of Dominant Position

This chapter examines the European Union’s competition policy and how its effectiveness has steadily increased in terms of controlling restrictive practices, abuse of dominant position, mergers, state aid, and the liberalization of utilities. It considers how the central dominance of the Directorate-General for Competition (DG COMP) in the European Commission has been perpetuated and how competition policy has become a supranational policy competence which can be regarded as an ‘economic constitution’ for Europe. The chapter also discusses the decentralization of antitrust enforcement to the national agencies and courts through the ‘Modernization Regulation’ of 2003, as well as a ‘turn to economics’ in which economic analysis has been substituted for legal tests to move towards an ‘effects-based’ (effect on competition) interpretation of the law.

scholarly journals Competition Policy during the Economic Crisis – legal issues

Equilibrium ◽  
2010 ◽  
Vol 4 (1) ◽  
pp. 79-89
Author(s):  
Mateusz Błachucki ◽  
Rafał Stankiewicz
Keyword(s):  
Economic Crisis ◽  
Competition Policy ◽  
Public Policies ◽  
Competition Law ◽  
Case Law ◽  
State Aid ◽  
Legal Issues ◽  
Public Authorities ◽  
Made In

The paper addresses the issue of legal issues of competition policy during the economic crisis. During the economic crisis public authorities are forced to redefine the aims of public policies and harmonize them. The paper aims at identifying spheres, where competition policy is limited by other public policies. First, the problem of crisis cartels and their admissibility under competition law is discussed. It is followed by the presentation of the exemptions to the general prohibition of anticompetitive mergers. Last but not least, the temporary framework for state aid in the UE is presented. It has been argued that during the economic crisis public authorities use peculiar legal instruments of competition policy to address problems arising from the crisis. Whenever it is possible reference to the case law is made in order to present the application of presented problems in practice.

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