VERTICAL RESTRAINTS OF TRADE AND NATIONAL COMPETITION LAWS IN AN INTEGRATED WORLD ECONOMY

2019 ◽  
pp. 686-698
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the enforcement of EU competition law. It covers the enforcement regime; burden of proof; the relationship between Articles 101 and 102 TFEU, and national competition laws; cooperation with national authorities; cooperation with national courts; the powers of the competition authorities of the Member States; the European Commission’s powers; safeguards for undertakings; the 2006 Leniency Notice; and private enforcement.


2018 ◽  
Vol 39 (1) ◽  
pp. 183-214 ◽  
Author(s):  
Ivana Kunda

<span>Issues arising in the context of determining the law governing competition law breaches are numerous and complex. The situation is no different following the harmonisation of the national rules as a result of the recently adopted Directive on damages for infringements of the competition law provisions. This paper is aimed at scrutinising various such issues, in particular it deals with interpretation of the concepts found in Article 6(3) of the Rome II Regulation on the law applicable to non-contractual obligations and the related aspects of interaction between EU and national competition laws. From the scope of application ratione materiae of the mentioned conflict-of-law provision and defining the “market” as an essential component of the connecting factor lex mercati, to the functioning of the general provisions aimed at protecting public interests, the author presents the opposing views expressed in legal theory and points out the principles which should be taken into account in the course of the analysis. Additional emphasis is put on the thorny questions which originate from erroneous translation of the EU legislation into the Croatian language.&nbsp;</span>


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.


2019 ◽  
Vol 18 (1) ◽  
pp. 17-28
Author(s):  
Marc Israel ◽  
Jacquelyn MacLennan ◽  
Jan Jeram

The regulation of vertical restraints is a long-standing facet of competition law, governed at the European level by Article 101 TFEU. However, in the new era of digitization, algorithmic price monitoring and price setting has the potential to lead to rapid and widespread price changes across entire online marketplaces for suppliers, often leading to lower prices, which benefit consumers. The manner in which suppliers react to these pressures has resulted in behaviours that may involve collusion, but more often are reminiscent of classic vertical restraints, albeit in the new digital era. The article considers how the European Commission and some Member States’ national competition authorities have been tackling vertical restraints in the online world, and considers the implications as the European economy continues to digitize.


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.


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