scholarly journals Implementation of joint and several liability in the competition law of Ukraine as a way to increase effective legal regulation in the field of protection of economic competition

2021 ◽  
pp. 28-33
Author(s):  
Dmytro Makiyan
Keyword(s):  
Competition Law ◽  
Legal Regulation ◽  
Economic Competition ◽  
Joint And Several Liability

Part II The Member State Reports on Transposition of the Directive, 5 France

2018 ◽  
Author(s):  
Chagny Muriel
Keyword(s):  
Member State ◽  
Dispute Resolution ◽  
Competition Law ◽  
Private Enforcement ◽  
Resolution Time ◽  
Binding Effect ◽  
French Government ◽  
Consumer Law ◽  
Class Actions ◽  
Joint And Several Liability

This chapter examines how the Antitrust Damages Directive has been transposed in France. It begins with an overview of the transposition procedure, focusing on the French private enforcement context from the Ordinance of 1 December 1986—the ‘Magna Carta’ of French competition law—to Law no. 2008-776 of 4 August 2008 and the Consumer Law Act of 17 March 2014 (Hamon Law). It then discusses the scope of the transposition measure, noting that the French government went beyond the Directive and instituted a single regime for damages actions, before analysing specific issues that arose during the transposition, including those relating to the concept of an undertaking, the binding effect of competition authorities' decisions, the presumption of harm, the passing-on of overcharges, types of harm and assessment of damages, joint and several liability and the recovery of contributions from co-infringers, consensual dispute resolution, time-barring deadlines, access to evidence, and class actions.

Part II The Member State Reports on Transposition of the Directive, 9 Ireland

2018 ◽  
Author(s):  
Lucey Mary Catherine
Keyword(s):  
European Union ◽  
Member State ◽  
Dispute Resolution ◽  
Competition Law ◽  
Joint And Several Liability ◽  
National Competition ◽  
Full Compensation ◽  
Limitation Periods ◽  
Compensation Disclosure

This chapter examines the transposition of the Antitrust Damages Directive in Ireland. It first considers the transposition procedure, focusing on regulations contained in Statutory Instrument (SI) European Union (Actions for Damages for Infringements of Competition Law) Regulations 2017, before discussing the regime set out in this implementing SI. It then describes the scope of the national regime on competition law and the implementing regulations that govern full compensation, disclosure of evidence, the effect of decisions by National Competition Authorities, limitation periods, joint and several liability, the issues of ‘passing on’, the presumption and quantification of damages by cartels, and consensual dispute resolution. Finally, the chapter analyses incorrect or incomplete transposition and possible legal disputes with regard to the Directive and the implementing regulations.

28. Competition Law: Article 102

EU Law ◽  
2020 ◽  
pp. 1126-1162
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Market Power ◽  
Competition Policy ◽  
Competition Law ◽  
Legal Regulation ◽  
The Core ◽  
Eu Competition Law ◽  
Per Se ◽  
The Uk ◽  
Article 102 Tfeu ◽  
Number Of Firms

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter focuses on another principal provision concerned with competition policy: Article 102 TFEU. The essence of Article 102 is the control of market power, whether by a single firm or, subject to certain conditions, a number of firms. Monopoly power can lead to higher prices and lower output than would prevail under more normal competitive conditions, and this is the core rationale for legal regulation in this area. Article 102 does not, however, prohibit market power per se. It proscribes the abuse of market power. Firms are encouraged to compete, with the most efficient players being successful. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit. EU law

scholarly journals The system of internal compliance with the requirements of antitrust laws in Russia: problems and prospects for the development of legal regulation

2019 ◽  
pp. 87-94
Author(s):  
D. M. Ashfa
Keyword(s):  
Competition Law ◽  
Legal Regulation ◽  
Antitrust Laws ◽  
Effective System ◽  
Business Entities

The paper is devoted to the study of the main directions of development of the system of internal compliance with the requirements of antitrust laws as a new institution of competition law in Russia. The author analyzes the definition, content and incentives for the implementation of the system of internal compliance with the requirements of anti-monopoly legislation by business entities. The author concludes that an effective system of internal enforcement of compliance with antitrust laws can provide a reasonable, but not absolute, assurance of compliance with antitrust requirements. Business entities should build a compliance system in such a way as to demonstrate to the anti-monopoly body the actual adoption of all possible measures to comply with the requirements of anti-monopoly legislation.

scholarly journals Generalities on legal regulation of cartel agreements

2021 ◽  
pp. 92-99
Author(s):  
Dumitrita Bologan ◽  
Keyword(s):  
Great Britain ◽  
Competition Law ◽  
Legal Regulation ◽  
European Court Of Justice ◽  
Academic Environment ◽  
European Directives ◽  
Republic Of Moldova ◽  
Court Of Justice ◽  
European Court ◽  
The Republic

This article provides an overview of the evolution of competition and competition law, both in the Republic of Moldova and in some European and US countries. Also, the paper crystallizes the conceptual approaches on cartels and offers an analysis of the doctrine of the Republic of Moldova, Romania, Russia, France, Germany, USA, Great Britain regarding cartel agreements. Following the analysis carried out in this paper, it was observed that the contribution of foreign academics in the field of defining and classifying cartel agreements is substantial, and the jurisprudence of the European Commission and the European Court of Justice has served as a source of inspiration and progress for the academic environment, as well as for the development of competition on the market. Although in the Republic of Moldova there is limited research in the field of cartel agreements, it is gratifying that the legislation is harmonized with European directives, and the doctrine is developed starting from the most important international research in the field of protection of competition.

scholarly journals Application of the concept of collective dominance in the Russian competition law: challenges and solutions

2020 ◽  
Vol 210 ◽  
pp. 13030
Author(s):  
Igor Bashlakov-Nikolaev ◽  
Sergey Maximov
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Legal Regulation ◽  
Formal Approach ◽  
The Law ◽  
Definition Of ◽  
Statutory Regulation ◽  
Collective Dominance

The Russian competition law does not include the definition of the concept of collective dominance, and the notion of this institution itself contains many gaps. The indicated disadvantages of statutory regulation and simplified approaches of the Federal Antimonopoly Service, which became possible due to the formal approach, have led to the formation of controversial law enforcement practice by the antimonopoly authority and courts. The article presents the analysis of legal regulation, as well as the law enforcement practice, and proposition on solutions to the stated problems.

scholarly journals Development of legal institute of the auction within the competitive right

2019 ◽  
pp. 18-23
Author(s):  
A. V. Molchanov
Keyword(s):  
Public Interest ◽  
Civil Law ◽  
Competition Law ◽  
Legal Regulation ◽  
Legal Institution ◽  
Public Nature ◽  
Constitutional System

Regulation of relations connected with the organization and holding of tenders exclu- sively by the norms of civil law and civil legislation is impossible, since the issues of ensuring competition are of a public nature, aimed at ensuring public interest, which is the basis of the constitutional system of our state, and therefore require public legal regulation. Taking into account the importance of tenders for ensuring competition, it is more effective to develop both the legal institution of tenders in the sphere of complex branch of competition law and the legislation on tenders, as its external manifestation, in the sphere of antimonopoly legislation.

scholarly journals Požiūrio į bendrai kontroliuojamus ūkio subjektus raida Europos Sąjungos konkurencijos teisėje

Teisė ◽  
2012 ◽  
Vol 83 ◽  
pp. 62-81
Author(s):  
Lauras Butkevičius
Keyword(s):  
Joint Ventures ◽  
Joint Venture ◽  
Competition Law ◽  
Legal Regulation ◽  
Historical Aspects ◽  
Law System ◽  
The Law

Straipsnyje analizuojami bendrai kontroliuojamų ūkio subjektų teisinio reguliavimo Europos Sąjungos konkurencijos teisėje istoriniai aspektai ir atskleidžiamos visapusiškai funkcionuojančio ir bendrai kontroliuojamo ūkio subjekto instituto susiformavimą nulėmusios aplinkybės ir priežastys. Nagrinėjamos temos pasirinkimą lėmė ne atsitiktiniai veiksniai, bet numatomi Konkurencijos įstatymo pakeitimai, susiję su Lietuvos teisei naujo visapusiškai funkcionuojančio ir bendrai kontroliuojamo ūkio subjekto instituto įtvirtinimu.This article analyses historical aspects of legal regulation of joint ventures and reveals reasons for the formation of full-function joint venture conceptin competition law of the European Union.This article was inspired by the proposed amendments to the Law on Competition and intentions to introduce full-function joint ventures to the Lithuanian competition law system.

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