scholarly journals What shall we do with the drunken sailor? EC Competition Law and Maritime Transport.

2016 ◽  
Author(s):  
Felix Dinger
Keyword(s):  
Competition Policy ◽  
Main Part ◽  
Competition Law ◽  
Current Approach ◽  
Background Information ◽  
Maritime Transport ◽  
Shipping Industry ◽  
Ec Competition Law ◽  
Special Environment ◽  
The 19Th Century

This study examines the application of EC competition law in the special environment in which the shipping industry operates, with special emphasis on the two block exemptions of Art. 3 of Regulation 4056/86 and Art. 3 of Regulation 823/2000. It will show that, like with a drunken sailor, something is seriously amiss with the way EC competition law is applied in this specific field. The first chapter provides some background information on the development of the shipping industry since the middle of the 19th century and an overview of the main legal developments in EC maritime competition policy. Chapter two, which constitutes the main part of this paper, contains an analysis of the two block exemptions mentioned. Chapter three addresses the question whether the current approach of EC competition law is adequate and compatible with the relevant Treaty provisions. This will lead to some concluding remarks on the question whether the current approach should be continued or whether it is advisable to modify it.

Ec Competition Law and Maritime Transport

1992 ◽  
Vol 37 (2) ◽  
pp. 481-505 ◽  
Author(s):  
Helmut W. R. Kreis
Keyword(s):  
Competition Law ◽  
Maritime Transport ◽  
Ec Competition Law

Chinese Pidgin English in Southeastern Australia

2009 ◽  
Vol 24 (2) ◽  
pp. 306-337 ◽  
Author(s):  
Jeff Siegel
Keyword(s):  
19Th Century ◽  
Main Part ◽  
First Language ◽  
Chinese Immigrants ◽  
The Other ◽  
Background Information ◽  
Linguistic Features ◽  
Southeastern Australia ◽  
Possessive Constructions ◽  
The 19Th Century

More than 38,000 Chinese came to Australia to prospect for gold in the second half of the 19th century. Most of them originated from the Canton region of China (now Guangdong), where Chinese Pidgin English (CPE) was an important trading language. This article describes a recently discovered source that throws light on the nature of CPE used in Australia during that period — a 70 page notebook written in a form of English by a Chinese gold miner, Jong Ah Siug. The article presents some background information about Chinese immigrants in the region where Jong worked (Victoria), and evidence that some CPE was spoken there. It goes on to describe Jong’s notebook and the circumstances that led to him writing it. The main part of the article examines the linguistic features of CPE and other pidgins that are present in the notebook, and discusses other lexical and morphosyntactic features of the text. Some features are typical only of CPE, such as the use of my as the first person pronoun. On the other hand, some features are more characteristic of Australian or Pacific pidgins — for example, the use of belong in possessive constructions. Still other features have not been recorded for any pidgin, such as the use of been as a locative copula. The analysis shows that Jong’s text contains a mixture of features from CPE and other pidgins, as well as features of interlanguage, including some resulting from functional transfer from Jong’s first language, Cantonese.

Decentralization and law enforcement in EC competition law

Legal Studies ◽  
1995 ◽  
Vol 15 (1) ◽  
pp. 128-163 ◽  
Author(s):  
Jo Shaw
Keyword(s):  
Law Enforcement ◽  
European Commission ◽  
Competition Policy ◽  
Competition Law ◽  
General Interest ◽  
Administrative Authority ◽  
National Courts ◽  
Ec Competition Law ◽  
Competition Rules ◽  
Take All

In a Notice on cooperation between national courts and the Commission published in early 1993, the European Commission made the following policy pronouncements about its future role in the enforcement of the competition rules contained in the EC Treaty:‘As the administrative authority responsible for the Community's competition policy, the Commission must serve the Community's general interest. The administrative resources at the Commission's disposal to perform its task are necessarily limited and cannot be used to deal with all the cases brought to its attention. The Commission is therefore obliged, in general, to take all organizational measures necessary for the performance of its task and, in particular to establish priorities.’

A Solution to the Problems? Regulation 1/2003 and the modernization of competition procedure

2003 ◽  
Vol 1 (2) ◽  
pp. 107-135 ◽  
Author(s):  
Frank Montag ◽  
Andreas Rosenfeld
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Basic Principles ◽  
Radical Reform ◽  
Competition Law Enforcement ◽  
Ec Competition Law

Abstract On 16th December 2002 the Council adopted Regulation (EC) No. 1/2003 on the implementation of rules on competition laid down in Articles 81 and 82 of the Treaty. This Regulation will not only replace the 40-year-old Regulation 17/ 62 but constitutes a radical reform of EC competition law enforcement. The purpose of this article is to analyse the basic principles of the new Regulation and the implications for current and future competition proceedings.

Competition Policy and Price Fixing

2013 ◽  
Author(s):  
Louis Kaplow
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
Direct Approach ◽  
Social Harm ◽  
Systematic Analysis ◽  
Oligopoly Theory ◽  
Different Types ◽  
Error Costs ◽  
Benefits And Costs ◽  
Desirable Behavior

Throughout the world, the rule against price fixing is competition law's most important and least controversial prohibition. Yet there is far less consensus than meets the eye on what constitutes price fixing, and prevalent understandings conflict with the teachings of oligopoly theory that supposedly underlie modern competition policy. This book offers a fresh, in-depth exploration of competition law's horizontal agreement requirement, presents a systematic analysis of how best to address the problem of coordinated oligopolistic price elevation, and compares the resulting direct approach to the orthodox prohibition. The book elaborates the relevant benefits and costs of potential solutions, investigates how coordinated price elevation is best detected in light of the error costs associated with different types of proof, and examines appropriate sanctions. Existing literature devotes remarkably little attention to these key subjects and instead concerns itself with limiting penalties to certain sorts of interfirm communications. Challenging conventional wisdom, the book shows how this circumscribed view is less well grounded in the statutes, principles, and precedents of competition law than is a more direct, functional proscription. More important, by comparison to the communications-based prohibition, the book explains how the direct approach targets situations that involve both greater social harm and less risk of chilling desirable behavior—and is also easier to apply.

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.

EC Competition Law 1999-2000

2001 ◽  
Vol 20 (1) ◽  
pp. 365-529
Author(s):  
I. S. Forrester ◽  
J. F. MacLennan
Keyword(s):  
Competition Law ◽  
Ec Competition Law
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