scholarly journals The Curve Of Cross Border Cartel Enforcement (Challenges and Remedies in Global Business Environment)

2020 ◽  
Vol 6 (1) ◽  
pp. 73-86
Author(s):  
Shahzada Aamir Mushtaq ◽  
Fraz Ashraf Khan
Keyword(s):  
Economic Growth ◽  
Legal Framework ◽  
Business Environment ◽  
Relevant Market ◽  
Economic Market ◽  
Global Business ◽  
Playing Field ◽  
Cross Border ◽  
Industrial Sectors ◽  
The Cross

The purpose of this article stated that the global economic arena has taken new insights across the shore of nations.  THE new economic challenges are waiting for the anti-trust enforcers to make sure strict compliance with the antitrust laws and in addition this dissertational work highlights the incipient violations across the borders and suggests its possible legel outcoms in the near future in order to make the economic market a level playing field for any business entrants. It particularly shed light on the cross border cartels and their effects on the relevant market, additionally we have taken the global view of the legislative aspects along with their de jure appliances and improvements for the proper economic growth under the auspices of legal framework. The ramification of cross border cartel enforcement has surfaced astoundingly between 1998 to 2015, underlining the earnest and prompt action to strengthen and revisit the competition law enforcement tools and proficiency. The technological advancements and liberalization of trade has risen significant challenges which includes the enforcement of cross border cartels and mergers. The globalization of corporate activities and deregulation of business markets and numerous industrial sectors has endangered the theoretical foundation of domestic and international competition enforcement regime. The transnational anticompetitive practices like monopolization of markets, collusive price fixing, vertical restraints of trade and international cartels currently challenged the jurisdiction and policies of OECD, WTO, UNCTAD, and ICN. This frightening situation necessarily be regularized by establishing worldwide competition policy and globally admirable enforcement standard. The weaknesses of unilateral, bilateral, and multilateral compacts be re-examined in order to cope with the cross- border competition challenges efficaciously. The extraterritorial, jurisdictional, and investigative mechanisms could be enclosed with binding nature of legal structures to deter cross border antitrust violations for smooth economic growth. The EU and US actively pursuing to establish the unanimous international antitrust regime instead of discrepancies to integrate WTO and ICN being multilateral cooperation forum. Currently, US, CANADA, EU, JAPAN and CHINA across the globe become more engaged in international cartels evidence gathering and investigations. The developments in information sharing, private enforcement, follow on civil litigation, dawn raids, extraterritorial reach of enforcement watchdog is yet to be established.

10 Czech Republic

2018 ◽  
Author(s):  
Schweigelová Dana
Keyword(s):  
Czech Republic ◽  
Capital Markets ◽  
Legal Framework ◽  
Civil Code ◽  
The Czech Republic ◽  
Cross Border ◽  
Statutory Law ◽  
Regulatory Regimes ◽  
The Cross

This chapter provides an overview of the legal framework of set-off in the Czech Republic both outside and within the context of insolvency. In the Czech Republic, set-off rights are regulated exclusively by statutory law. General regulations on set-off arrangements are laid down in Sections 1982–1991 of the Czech Civil Code. Other laws relevant to set-off are the Business Corporations Act, the Capital Markets Act, the Financial Collateral Act, and the Act on Insolvency. The chapter first examines set-off between solvent parties, taking into account general regulations, specific regulations under the Business Corporations Act, contractual set-off involving multiple parties, and special regulatory regimes governing set-off in the Czech Republic. It then considers set-off between insolvent parties before concluding with an analysis of set-off issues arising in the cross-border context.

ECONOMIC GROWTH IN LOW-TECH AND MEDIUM-TECH INDUSTRIES OF THE CROSS-BORDER REGION «BLACK SEA»: LAWS AND PROBLEMS

2015 ◽  
Vol 10 (6) ◽  
pp. 265-271
Author(s):  
Мурава-Середа ◽  
Aurika Murava-Sereda ◽  
Цёхла ◽  
Svetlana Tsekhla ◽  
Павленко ◽  
...  
Keyword(s):  
Economic Growth ◽  
Black Sea ◽  
Tourism Industry ◽  
Border Region ◽  
High Tech ◽  
Innovation Development ◽  
Cross Border ◽  
Per Capita ◽  
The Cross ◽  
High Level

In the reseach the aprobation of proposed method is done based on the data of the cross-border region «Black Sea» by performing a comprehensive analysis of development of tourist and recreational complex ethnic regions, in the context of innovation development and clustering of economy. The first description of the innovation and clustering economic growth in the tourism industry of the cross-border region is presented. It was found that the growth of the cross-border region "Black Sea" is almost not associated with clustering and innovative development of the tourism industry of the cross-border region "Black Sea", but at the same time there is an absolute relationship with the level of employment in high-tech and medium-tech sectors of high level (0,91); positive relationship with population density (0,73), with business spending on science per capita (0,74), with government spending on science per capita (0,72).

scholarly journals Drivers for and Barriers to the Cross-border Implementation of the Once-Only Principle

2021 ◽  
pp. 38-60
Author(s):  
Nele Leosk ◽  
Irma Põder ◽  
Carsten Schmidt ◽  
Tarmo Kalvet ◽  
Robert Krimmer
Keyword(s):  
Efficient Solution ◽  
Legal Framework ◽  
Cross Border ◽  
Identity Matching ◽  
Important Barrier ◽  
Key Driver ◽  
Institutional Aspects ◽  
The Cross ◽  
Different Levels

AbstractThe once-only principle (OOP) aims to reduce interactions between citizens and governments, but many factors challenge its cross-border implementation. Building on the results of the “The Once-Only Principle Project” (TOOP, 2017–2021), an analysis was undertaken of the factors that either support or hinder implementation of the cross-border OOP. Five domains of factors were examined - technological, organizational, institutional aspects, actors and miscellaneous. This research highlights the importance of awareness of the OOP, and its inherent benefits, as a key driver. Also, the activities of supranational entities are of key significance, as it is establishing a critical legal framework. Co-ordination between different levels of government and different countries remains an important barrier. One specific issue discovered and addressed during the project but uncovered here, relates to identity matching, and this requires EU level intervention to reach an effective and efficient solution.

scholarly journals Cross‑Border Mediation: Towards a Balanced Framework for Cross‑Border Dispute Resolution in the European Union

2021 ◽  
Vol 24 (4) ◽  
pp. 515-560
Author(s):  
Martin Senftl
Keyword(s):  
European Union ◽  
International Law ◽  
Dispute Resolution ◽  
Legal Framework ◽  
Private International Law ◽  
The European Union ◽  
Playing Field ◽  
Cross Border ◽  
Border Dispute ◽  
The Eu

This paper takes the entry into force of the Singapore Convention on Mediation on 12 September 2020 as an opportunity to reconsider whether the European Union has reached its once ambitious goal to create a balanced relationship between mediation and litigation in cross-border disputes. After a brief overview of the current legal framework for cross-border mediation in the EU in the first section, the meaning of the concept of a balanced relationship and its implications for the regulation of mediation in cross-border disputes are analysed. Starting with the observation that the use of cross-border mediation is still very limited, this second section argues that attempts to establish a balanced relationship in quantitative terms are misguided. Instead of attempting to correct alleged decision deficits by the parties to a dispute, the paper emphasises the regulatory responsibility of European legislators to create a level playing field for different cross-border dispute resolution mechanisms. In this respect, the third section identifies the surprising absence of private international law rules in the EU’s mediation framework as a structural disadvantage of mediation, as compared to litigation and arbitration. The last part of the paper examines in detail the interaction between mediation and the Brussels Ia Regulation to provide specific examples of legal obstacles to cross-border mediation and potential ways to overcome them.

scholarly journals Multilateral Mechanisms for Eliminating the Global Phenomena of Double Non-Taxation / Multilateralni mehanizmi za eliminaciju globalnog fenomena dvostrukog neoporezivanja

2015 ◽  
Vol 5 (5) ◽  
pp. 213
Author(s):  
Dinka Antić
Keyword(s):  
Best Practices ◽  
Tax Evasion ◽  
Legal Framework ◽  
Capital Allocation ◽  
Market Exchange ◽  
Global Business ◽  
Operational Model ◽  
Cross Border ◽  
Tax Fraud ◽  
The Eu

Internationalization of administrative cooperation of tax administrations is an adequate response to the growing internationalization of taxpayers’ business and the emergence of new financial instruments. The emergence of cross-border and international tax frauds in addition to threatening the budgets of states, it also undermines fairness of taxation, since regular taxpayers pay more tax than they should, and threatens the efficiency of capital allocation and equal competition in the market. Exchange of information on taxpayers and transactions within multilateral agreements allows states to assess properly tax obligations in the field of direct taxes but also to combat tax evasion and tax fraud and eliminate double non-taxation at the global level. The adoption of a harmonized legal framework for cooperation between tax administrations is the winning of new forces in the world that are committed to maximum transparency in taxation and finances in global business. Bearing in mind the commitment of B&H for European integrations the operational model of administrative cooperation of tax administrations in B&H should be based on mechanisms, standards and best practices of the EU. Such approach would not only enable the fulfillment of obligations to the IMF but it would also represent an appropriate step towards integrating B&H into the system of administrative cooperation of tax administrations of the EU.

scholarly journals Cross-border public administration

2019 ◽  
Vol 52 (1-2) ◽  
pp. 74-89
Author(s):  
Roman Melnyk ◽  
Anna Barikova
Keyword(s):  
Public Administration ◽  
Rule Of Law ◽  
Legal Framework ◽  
Public Governance ◽  
Public And Private ◽  
The Rule Of Law ◽  
The Public ◽  
Cross Border ◽  
Traditional Societies ◽  
The Cross

Institutional, teleological and consensual blockchain jurisdiction manifestations have been articulated in the activities of the public administration concerning interventional, contributory, protective, delegated, executive and efficient public administration. The authors have revealed the service format of functioning and synergy of the cross-border interaction of public administration within horizontal and vertical relations with the subjects of public and private law. Legitimacy of transformational remodelling of power, as well as the specifics of the values intercourse in information and traditional societies in the framework of implementing the powers of cross-border public administration through the simulation category. The paper highlights the functioning dynamics of cross-border public administration in the external and internal dimension in terms of using such instruments of public administration, as regulatory and administrative acts, acts-plans, acts-actions, administrative contracts. Fundamental influence of technological innovations on the public service activities of public administration has been proved in a transboundary perspective to achieve the rule of law, the maximum legal certainty of streamlining the process of public governance. Institutionalization of the synergetic paradigm has been established for using the tools of public administration within the blockchain jurisdiction to properly implement the cross-border competence of public administration, which will contribute to the adaptation of national law to the supranational legal framework. The authors have specified that, with proper implementation of the competence of cross-border public administration within the blockchain jurisdiction, there is a ‘self-propelled’ system with a measurable number of variables for institutionalization of such an organizational structure, which could be self- reproducible in the presence of corresponding internal and external links with the allocation of order parameters

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