THE INFLUENCE OF FAIR COMPETITION ON THE MANAGEMENT OF PUBLIC UNDERTAKINGS

2013 ◽  
Vol 8 (1) ◽  
pp. 42-54
Author(s):  
Camille Carbonnaux
Keyword(s):  
A Priori ◽  
Practical Importance ◽  
Competition Law ◽  
Legal Aspects ◽  
The Other ◽  
Common Features ◽  
Fair Competition ◽  
Management Perspective ◽  
The Common ◽  
European Competition Law

Since the 1990s, European judicial and normative institutions have paid particular attention to the competitive practices of public undertakings. Consequently, their regime is governed by a significant number of rules pursuing objectives appearing, a priori, contradictory. In fact, public undertakings may experience difficulties in their management. In this context, an approach of public competition law through the prism of fair competition can be very useful. Regarding the uniformity of its judgment, fair competition appears as an objective capable of coordinating rules and overcoming their contradictions. It thereby offers a global and coherent reading plan of all the legal translations of the European competitive order being of some practical importance. In illuminating the common features of the different legal aspects of competition, we can easily switch from one to the other. It therefore makes the European approach to competition more accessible and understandable. Furthermore, and most importantly, it leads to identifying legal opportunities and threats in a cross-disciplinary way. So, from a “Law & Management” perspective, it appears to be a precious tool for the management of public undertakings. Key words: European competition law, public undertakings, fair competition, “Management & law”.

Competition Law in Europe

2020 ◽  
pp. 103-114
Author(s):  
David J. Gerber
Keyword(s):  
Reference Point ◽  
Competition Law ◽  
Institutional Arrangements ◽  
The Other ◽  
Multiple Voices ◽  
The Us ◽  
National Boundaries ◽  
Substantive Law ◽  
European Competition Law

European competition law is the other central player in the competition law world, so an entire chapter is devoted to understanding how it works and how to deal with it. Virtually all firms operating beyond their own national boundaries need to pay attention to it, many regimes use it as a model and reference point, and its institutions have broad and often deep influence on many others. Some aspects of the substantive law are similar to US antitrust, but the similarities are sometimes misleading. For example, EU law uses economic analysis in ways that often differ from how it is used in the US. Procedural and institutional arrangements are often complicated. They represent multiple voices, as national and EU institutions function together to create, apply, and enforce competition law. The chapter reveals how this system functions and what factors guide decisions in it. It looks, in particular, at the institutional arrangements between the EU and its member states, including the role of the European Competition Network.

scholarly journals “WORDS OF THE YEAR” IN UKRAINIAN STANDARD LANGUAGE AS REPRESENTATIVES OF CHANGES IN THE LINGUAL WORLD MODEL OF UKRAINIANS

2019 ◽  
pp. 32-49
Author(s):  
Oleksandr Bohomolets-Barash
Keyword(s):  
Comparative Analysis ◽  
The Other ◽  
Short List ◽  
World Model ◽  
Standard Language ◽  
Modern Design ◽  
Common Features ◽  
Current Events ◽  
The Common

The article attempts to identify changes that have occurred in the lingual world model of Ukrainians in recent years. The results of the “Word of the Year” contest in Ukraine served as the material for observation and analysis. Every year the online dictionary of neologisms and slang of the modern Ukrainian language “Myslovo” declares the “word of the year” – the most socially significant, popular and used word. Other nominees in the short list for the award are also important words to indicate current phenomena, events, concepts or persons. Usually, “modern” words fall into the nomination. Such lexemes are contemporary (reflect current events in the society), universal (formed by the new-fashioned trends), popular (are in the center of public thought and debate). Thus, in 2013 the “word of the year” became “Euromaidan”, in 2014 – “cyborgs”, in 2015 – “blockade”. In 2016, “corruption” became much more relevant, in 2017 the most popular was “bezviz” (visa-free regime), and in 2018 originally Greek word “tomos” became widely used. Therefore, the chosen “words of the year” (and nominees for this award) act as lexical representatives of those phenomena and events that are of the most concern for the society, and consequently have impact on the lingual world model of Ukrainians. The results of the Ukrainian competition were compared with the results of the similar contests in other countries, in particular, Belarus and Russia. Using comparative analysis, the common features of the Ukrainian and Belarussian lingual world models of XXI century were revealed as well as the opposite views of Ukrainians and Russians on important socio-political phenomena. For example, Belarusians use the loanword from Ukrainian “vyshyvanka” (‘colloquial name for the embroidered shirt in Ukrainian and Belarusian national costumes’) from which the derived word – neologism “vyshymaika” (‘colloquial name for the t-shirt that combines tradional embroidery with the modern design’) was formed. The imperial ambitions of Russians were verbalized in the politically motivated neologism-hashtag “#krymnash”(Crimea is ours), which became the “Word of the Year 2014” in Russia. Therefore, it can be claimed that the XXI century Ukrainian standart language is being enriched with new lexemes that are gradually being used by Ukrainians, becoming part of their lingual world model. These words may be partially (see “Euromaidan”, “bezviz”) or completely (see “tomos”) adopted from the other donor languages, but, as practice shows, they are being organically incorporated into the Ukrainian usus.

scholarly journals Потенциал иронии в творчестве Людмилы Петрушевской (на примере романа Нас украли. История преступлений)

2020 ◽  
Vol 45 (2) ◽  
Author(s):  
Юлия Брюханова
Keyword(s):  
Foreign Language ◽  
The Other ◽  
The Novel ◽  
Ontological Status ◽  
Common Features ◽  
Significant Element ◽  
Philosophical Aspect ◽  
The Status ◽  
The Common ◽  
The One

Many researchers of Lyudmila Petrushevskaya’s works draw attention to the irony which is the significant element of her prose, drama and poetry. It is important that the ironic principle manifests itself not only as an artistic technique but also as a philosophical aspect. Irony demonstrates the ambivalence of reality. On the one hand, it ridicules and profanes everything. On the other hand, irony gives the certitude of the ontological status of reality. We can see a good example of this function of irony in the novel Nas ukrali. Istoriya prestupleniy (2017). This novel shows the common features of Petrushevskaya’s works – the unity of ironic potential and language. In this case, language is not only the style but first of all the ontological element. This is why the language becomes almost a character in Petrushevskaya’s novel. Irony opens the vital potential of the linguistic personality. As a result, one of the heroes imitates foreign speech but doesn’t speak a foreign language. Irony also helps to reveal the ambivalent nature of life. It shows that our “umora” in Sanskrit and in ancient Indian is “humour” and “death”. So, the game and profanity not only reduce the status of the hero, the image, or the reader’s expectations but, first of all, fill the gap between words, ideas, feelings, and people.

scholarly journals COMPARATIVE INFRARED SPECTROSCOPIC STUDY OF NATURAL CA-AMPHIBOLES

2007 ◽  
Vol 40 (2) ◽  
pp. 984
Author(s):  
E. Theodosoglou ◽  
A. Koroneos ◽  
K. M. Paraskevopoulos ◽  
G. Christofides ◽  
L. Papadopoulou ◽  
...  
Keyword(s):  
Ir Spectra ◽  
Spectroscopic Study ◽  
Spectral Range ◽  
The Other ◽  
Mineral Species ◽  
Infrared Spectroscopic Study ◽  
Absorption Bands ◽  
Common Features ◽  
The Common ◽  
A Site

Powder IR spectra of natural Ca-amphiboles were studied in the spectral range 4000 to 400 cm'1. The examined samples are: actinolite, tremolite, Mg-hornblende and pargasite. According to their spectra all the minerals of the four species present common features at 3658-3660, 919, 683-687, 661-668, 505-513, 457-464 and 419 cm . Additionally to these bands, the spectra of the actinolites, tremolites and Mghornblendes present common characteristics at 3673, 1094-1098, 989-998, 951, 752-758 and 441-449 cm'1. Moreover, six absorption bands are shown in the spectra of the pargasites at 3690, 981-984, 931, 805-811, 734 and 696-698 cm'1, in addition to the common bands appeared in all Ca-amphiboles, which do not appear in the spectra of the actinolites, tremolites and Mg-hornblendes. The spectra of pargasites are remarkably different from the spectra of the other three mineral species. These discrepancies could be attributed to differences in the structure of pargasites relative to the other three species as well as to the occupancy of the A site especially with Na+.

scholarly journals The Exclusive Rights of Licensees in Parallel Import Practices

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 57
Author(s):  
Edbert Seligshan Horman
Keyword(s):  
Competition Law ◽  
The Other ◽  
National Standard ◽  
Parallel Imports ◽  
Trademark Law ◽  
Parallel Import ◽  
Fair Competition ◽  
Parallel Importation ◽  
The Right ◽  
Exclusive Right

Parallel imports are one of the most interesting and unique phenomena of international trade. On one hand, it applies competition law, while on the other, trademark law and the customs law also apply in this activity. Parallel imports occur when genuine goods are imported in parallel (concurrently) to goods imported by a licensee. These parallel imports are then sold at a cheaper price than that of the  goods of the licensee. This parallel import activity is inconsistent with the exclusive rights that the licensee receives under the licensing agreement it makes with the owner of the trademark. This exclusive right is essentially monopolistic, entitling the licensee to prevent all parties with the commercial intention of selling the same or similar goods as their own. However, the right to monopoly is limited for the sake of a fair competition. The licensee can sue to get compensation in parallel importation base on unjust enrichment principle. Moreover, parallel importation can be inhabited by enforcing procedural and administration regarding import of goods such as, Indonesian national standard and label in bahasa

scholarly journals Rethinking the Attributes of Academic Certificates: Implications for Policy and Practice

2021 ◽  
pp. 31-55
Author(s):  
CHRISTOPHER OWUSU-ANSAH ◽  
AUGUSTUS KWAW BREW ◽  
ROSEMARY ADU POKU
Keyword(s):  
Content Analysis ◽  
The Other ◽  
Educational Institutions ◽  
Central Question ◽  
Hiring Decisions ◽  
Web Content ◽  
Policy And Practice ◽  
Common Features ◽  
The Common ◽  
Multiple Languages

Educational institutions and employers who depend on the authenticity of academic certificates for making admission and hiring decisions face a considerable challenge in identifying the features of genuine academic certificates including tedious verification processes and wrongful engagement of unqualified personnel. The purpose of this paper was to identify trends in academic certificate production with specific regards to their standard features, such as wording, security enhancements and features, and other unique features, and the extent to which these features contribute to the intrinsic and extrinsic values of certificates. Furthermore, the paper investigates the extent to which selected universities replace lost or damaged certificates. The study employed a qualitative design involving document and web content analysis. To address the central question of the study, the authors analysed the standard features of academic certificates issued by 20 universities across the globe. Furthermore, we performed a web content analysis to find policies or guidelines on the replacement of academic certificates. The results revealed that while academic certificates from the selected institutions bore a few unique characteristics, most of the certificates, however, bore many common features. Some of the common features included the location of the emblem/logo of the on the certificate, date of the award, degree name, signature specimen of top officials, and security features such as holograms. On the other hand, unique features included some certificates displaying a statement on the availability of electronic certificates, rendering of the university’s name in multiple languages, among others. The study also found that lost or mutilated certificates are replaced by European-based universities, whereas those in Africa did not. Among others, the paper recommended that awarding institutions in Africa should consider re-issuing lost or destroyed certificates.

Forming Consortia for REACH Registration: Contractual and Competition Law Issues

2005 ◽  
Vol 2 (3) ◽  
pp. 173-183 ◽  
Author(s):  
Andreas Rosenfeld ◽  
Hartmut Scheidmann
Keyword(s):  
Competition Law ◽  
Common Market ◽  
The Common ◽  
Reach Regulation ◽  
European Competition Law

AbstractIn order to reduce costs for industry and authorities, the Commission's proposal for a REACH Regulation of 29 October 2003 strongly supports the forming of consortia for the registration of about 30,000 substances subject to registration requirements. This article examines contractual issues to be observed when forming and operating consortia based on the REACH Proposal. Many of those issues risk provoking conflicts with European competition law which prohibits agreements between competitors objecting to or effecting the prevention, restriction or distortion of competition within the common market. The article examines these competition law issues and demonstrates that, given the potentially great number of consortia, there is a need for guidance in the form of a notice of the Commission in order to reduce the risk of an infringement of competition law.

scholarly journals Policy Considerations on the Interplay Between State Aid Control and Competition Law

2017 ◽  
Vol 1 (2) ◽  
pp. 179-193
Author(s):  
Maria João Melícias
Keyword(s):  
Institutional Design ◽  
Competition Law ◽  
State Aid ◽  
Fair Competition ◽  
Policy Statements ◽  
Policy Objectives ◽  
The Common ◽  
State Aid Control ◽  
Advocacy Role ◽  
Competition Enforcement

Under the broad topic of the interplay between state aid and competition law, this article addresses the following related lines of discussion: (i) the goals and some of the political rationales of state aid control; (ii) a brief illustration of some of the harm caused by state aid, including a distinction between its anticompetitive and distortive effects; (iii) a description of the Portuguese legal and institutional framework on domestic state aid, including the underlying rationale for this institutional design; (iv) an assessment of the policy concerns that a scenario whereby the AdC would hold full-fledged enforcement powers against state aid might raise, and, finally (v) the competition advocacy role played by the AdC in relation to state-induced competition distortions, such as state aid or subsidies. The article concludes by putting into context the references included in recent EU policy statements on the importance of “fair competition” or “equitable markets” and recalls the need to avoid that similar standards contaminate antitrust enforcement or merger control, given the risks that “mixed” policy objectives in those domains might entail. It signals, in any event, the virtues of this new found rhetoric: the fact that it helps to engage the common citizen on the importance of competition. Such popular, less technocratic approach can be instrumental in bringing competition enforcement “down to earth”.

Patents and Competition Law—United States

2016 ◽  
Author(s):  
Philip W. Grubb ◽  
Peter R. Thomsen ◽  
Tom Hoxie ◽  
Gordon Wright
Keyword(s):  
United States ◽  
European Commission ◽  
Common Law ◽  
Competition Law ◽  
The Other ◽  
Justice Department ◽  
The Us ◽  
The Common

This chapter considers competition law in the US. Historically, the US has taken a stricter view than UK law of attempts to extend the patent monopoly beyond its legal scope, and has placed more restrictions on the freedom of a licensor. There are two main sources of US law in such matters: one is the common law doctrine of patent misuse; the other is the statute law—particularly the Sherman and Clayton antitrust Acts. The chapter discusses the following: the Sherman and Clayton antitrust Acts, patent misuse and antitrust, reverse payments, patent licence agreements, validity challenge by licensees, Justice Department guidelines, and collaboration between the US Justice Department and the European Commission.

Rethinking the Attributes of Academic Certificates: Implications for Policy and Practice

2021 ◽  
pp. 31-55
Author(s):  
CHRISTOPHER M. OWUSU-ANSAH ◽  
AUGUSTUS KWAW BREW ◽  
ROSEMARY ADU POKU
Keyword(s):  
Content Analysis ◽  
The Other ◽  
Educational Institutions ◽  
Central Question ◽  
Hiring Decisions ◽  
Web Content ◽  
Policy And Practice ◽  
Common Features ◽  
The Common ◽  
Multiple Languages

Educational institutions and employers who depend on the authenticity of academic certificates for making admission and hiring decisions face a considerable challenge in identifying the features of genuine academic certificates including tedious verification processes and wrongful engagement of unqualified personnel. The purpose of this paper was to identify trends in academic certificate production with specific regards to their standard features, such as wording, security enhancements and features, and other unique features, and the extent to which these features contribute to the intrinsic and extrinsic values of certificates. Furthermore, the paper investigates the extent to which selected universities replace lost or damaged certificates. The study employed a qualitative design involving document and web content analysis. To address the central question of the study, the authors analysed the standard features of academic certificates issued by 20 universities across the globe. Furthermore, we performed a web content analysis to find policies or guidelines on the replacement of academic certificates. The results revealed that while academic certificates from the selected institutions bore a few unique characteristics, most of the certificates, however, bore many common features. Some of the common features included the location of the emblem/logo of the on the certificate, date of the award, degree name, signature specimen of top officials, and security features such as holograms. On the other hand, unique features included some certificates displaying a statement on the availability of electronic certificates, rendering of the university’s name in multiple languages, among others. The study also found that lost or mutilated certificates are replaced by European-based universities, whereas those in Africa did not. Among others, the paper recommended that awarding institutions in Africa should consider re-issuing lost or destroyed certificates.

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