scholarly journals Institutional Aspects of International Competition Policy

2013 ◽  
Vol 60 (2) ◽  
pp. 1-21
Author(s):  
Luis Palma Martos ◽  
José Luis García Hidalgo

Abstract A global economy cannot be driven in a consistent way by national competition laws. Both the liberalization of markets and the revolution in information and communication have triggered an unprecedented degree of interrelations of national economies. This leads to the internationalization of restrictive business practices. Despite of the WTO efforts and some agreements inside it related with antitrust, global markets have no competition rules. There are a number of economic arguments addressed to take real steps in order to establish a global framework for competition policy. Currently, the international system of competition policy seems gradually ill-suited for dealing with transnational restrictive business practices. The issue is now which organizational form and what degree of decentralization would be optimal for a multilevel system of international competition policy. Depending on the goals of the project, different degrees of decentralization would be more or less desirable.

2017 ◽  
Vol 3 (3) ◽  
pp. 218
Author(s):  
Udin Silalahi ◽  
Dian Parluhutan

As outlined in the AEC Blueprint, all ASEAN member states (AMSs) will endeavour to introduce competition policy by 2015. At present 7 (seven) AMSs, namely: Indonesia, Singapore, Malaysia, Thailand, Vietnam, Philippines, Myanmar have the national competition laws to supervise anti-competitive conduct in the domestic market. But the question is what if happened unfair competition between ASEAN member states, due to the agreement or businesses activities by business actors that harm competition? ASEAN has an ASEAN Regional Guidelines on Competition Policy (ARGCP) that developed by ASEAN Experts Group on Competition (AEGC) as framework for member states to develop its own competition law or policy and as a guideline in measuring that directly affect the behaviour of enterprises and the structure of industry and markets. Regional Guideline is just to help AMSs in increasing of awareness of important policy, not to sustain the competition among ASEAN member countries. Until now there is no ASEAN Competition Law and Institution to oversee competition among ASEAN member countries. In this era, ASEAN economic integration it is a certainty that anti-competitive among AMSs will happen.


Subject EU competition policy. Significance The European Commission will decide next month whether to allow a merger between the railway engineering businesses of Siemens (Germany) and Alstom (France), two of the largest European industrial companies. The proposed merger and the Commission’s oversight of it have reopened a debate about the relationship between competition policy and the strategic competitiveness of European firms in the global economy, with the rise of China a particular concern. Impacts The United Kingdoms' exit from the EU will be a blow to the Nordic countries and Ireland, all sceptical of EU competition rules. The transport market for new rolling stock and infrastructure may be hit by a global slowdown. Siemens could seek a merger with Canadian transport company Bombardier if the proposed Siemens-Alstom merger is prohibited.


2019 ◽  
Vol 64 (2) ◽  
pp. 235-283
Author(s):  
Chris Townley ◽  
Alexander H. Türk

The allocation of legislative and executive competences in multilevel governance structures affects who controls norms. Over the last two decades we see a general trend in EU law, towards “flexibility, mixity and differentiation.” Yet many think that EU competition policy and enforcement marches to a different tune. Competence is rarely discussed there and, when it is, most assume that uniformity is desirable. This article discusses the EU constitutional system as it relates to competition policy and enforcement. It investigates what choices the EU Treaties make about diversity. As with many constitutional arrangements, the EU Treaties sometimes leave space for others to decide. In these spaces we advocate answers, based on our understanding of the constitutional settlement between the EU and the Member States. This has major implications for, amongst others: the Commission’s power to relieve the Member States’ national competition authorities (NCAs) of their competence to apply Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU); the vires of EU merger control outside of the remit of Articles 101 and 102 TFEU; Commission efforts to make the NCAs more independent of political influence; and the resolution of conflicts between EU and national competition rules.


2020 ◽  
pp. 170-204
Author(s):  
Matthew J. Homewood

Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) prohibit anti-competitive business practices. The European Commission, national competition authorities, and national courts enforce Articles 101 and 102 under powers conferred by Regulation 1/2003. From time to time, the European Commission issues non-binding notices providing clarification of the competition rules. This chapter begins with an outline of Articles 101 and 102 and the rules on enforcement. It then looks at the two Treaty provisions in detail. In broad terms, Article 101 prohibits business agreements or arrangements which prevent, restrict, or distort competition within the internal market and affect trade between Member States whilst Article 102 prohibits, as incompatible with the internal market, any abuse by undertakings in a dominant position within the internal market insofar as it may affect trade between Member States. It should be noted at the outset that ‘dominance’ itself is not prohibited, but only when such dominance is accompanied with abusive behaviour that may affect trade.


2012 ◽  
pp. 110-125 ◽  
Author(s):  
S. Avdasheva ◽  
A. Shastitko

Enforcement of antitrust rules on the international level, on the one hand, is necessary to deter restriction of competition by the largest market participants, on the other - it suffers from the contradictions between incentives of national players. That is why international competition policy is based on institutional alternatives which look very imperfect. Harmonization of competition rules seems to be a good alternative only at first glance, since transplantation of antitrust provisions in different legal systems with different standards of proofs and different enforcement practices de facto leads to modification of the rule. Effective competition policy at the level of Customs Union requires to take into account all these limitations and risks.


Author(s):  
Matthew J. Homewood

Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) prohibit anti-competitive business practices. The European Commission, national competition authorities, and national courts enforce Articles 101 and 102 under powers conferred by Regulation 1/2003. From time to time, the European Commission issues non-binding notices providing clarification of the competition rules. This chapter focuses on Article 101, but begins with an outline of Articles 101 and 102 and the rules on enforcement. In broad terms, Article 101 prohibits business agreements or arrangements which prevent, restrict, or distort competition within the internal market and affect trade between Member States.


1995 ◽  
Vol 35 (1) ◽  
pp. 757
Author(s):  
T. Bednall

Competition laws in Australia are in the process of substantial reform. The major competition issues facing participants in the Cooper Basin: market definition, and competition between joint venturers are reviewed. The manner in which the Trade Practices Act has been applied to Cooper Basin producers is reviewed, proposed reforms to implement new national competition policy are outlined, and the likely impact which those reforms will have on the production and marketing of gas from the Cooper Basin are discussed.The likelihood, under reformed laws, of development of natural gas pipelines, open access, the difficulties of separate marketing of gas by joint venture parties, the potential for inter-basin competition in Australia, and the real issue of whether substantial benefits will flow to consumers of gas as a result of the application of new competition policies are evaluated.


2015 ◽  
pp. 152-159 ◽  
Author(s):  
T. Leonova

Lending capital, credit and debt financing have been around and used to fuel economic development since the time immemorial. There are innumerable studies by international and Russian scholars that look into the evolution of these notions and lending instruments employed. The collective monograph edited by A. Porokhovsky and published by the MSU in 2014 intends to provide an all-around political and economic as well as applied review of the current debt issues faced by the global economy, national economies of Russia, U.S.A. and countries of the European Union. It uses a variety of academic and methodological postulates that range from the reproduction approach to modern macroeconomic doctrines.


2013 ◽  
pp. 97-116 ◽  
Author(s):  
A. Apokin

The author compares several quantitative and qualitative approaches to forecasting to find appropriate methods to incorporate technological change in long-range forecasts of the world economy. A?number of long-run forecasts (with horizons over 10 years) for the world economy and national economies is reviewed to outline advantages and drawbacks for different ways to account for technological change. Various approaches based on their sensitivity to data quality and robustness to model misspecifications are compared and recommendations are offered on the choice of appropriate technique in long-run forecasts of the world economy in the presence of technological change.


Author(s):  
أ.د.حميد شهاب احمد ◽  
م.م.زيدون سلمان محمد

China's economic policy and its huge capabilities operate according to an expansion strategy, especially in investing foreign projects, as the past ten years have witnessed a major development in the elements of comprehensive strength, especially in the economic field, in 2014 China launched the largest initiative in the world, represented by the Belt and Road Project (BRI), which links nearly 70 countries, through this project, a very important region has emerged, which is (the port of cadres) in Pakistan, as China has headed towards that region and given the highest importance that is in its interest in the first place regardless of the great Pakistani interest, This is consistent with its future aspirations, especially after breaking the economic monopoly of the West, specifically (the United States), as it is a force in a state of decline and is no longer the dominant force economically. Which, in turn, led to the generation of an obsession with fear of this power and what it poses from a potential threat to the entire global economy, and what it seeks in the future to employ cadres not only to develop its economy and compete with other countries commercially , rather it takes another place aimed at increasing the Chinese military presence in the region, especially as China continues to work to develop everything available to its pioneering path in the international system in order to distinguish China as a major country and perhaps a superpower.


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