scholarly journals Comparative analysis between the English, Dutch and French approaches to passing-on in competition cases

2021 ◽  
Vol 20 (3) ◽  
pp. 134-138
Author(s):  
Marc Barennes ◽  
Tessel Bosse ◽  
Hans Bousie ◽  
Sarah Subrémon
Keyword(s):  
Supply Chain ◽  
Comparative Analysis ◽  
The Netherlands ◽  
Case Law ◽  
England And Wales ◽  
The Eu

Several legal topics regarding cartel damages litigation have drawn special attention over the last few years, including the passing-on defence. ‘Passing-on’ in competition cases is where overcharges caused by a cartel, which affect the customers of the cartelists (direct purchasers), are passed-on by these purchasers to buyers further down the supply chain (indirect purchasers). Cartel members regularly invoke this defence as a (partial) shield against a claim for damages. The EU Damages Directive contains two important presumptions in connection to passed-on damages. This article undertakes a comparative analysis of how the courts in the Netherlands, France and England and Wales apply these presumptions in practice in their case law.

scholarly journals THE ALTERNATIVE SANCTIONS SYSTEMS IN SERBIA AND THE NETHERLANDS: COMPARATIVE ANALYSIS WITH EXAMPLES FROM CASE LAW

2021 ◽  
Vol 59 (3) ◽  
pp. 67-94
Author(s):  
Olga Tešović ◽  
◽  
Lieneke de Klerk ◽  
Keyword(s):  
Comparative Analysis ◽  
The Netherlands ◽  
Case Law ◽  
Traditional System ◽  
Criminal Sanctions ◽  
Advantages And Disadvantages ◽  
Two Systems ◽  
Alternative Sanctions

Alternative sanctions are a deviation from the traditional system of imprisonment and their advantage certainly lies in a more humane and less repressive treatment of convicted persons. Alternative sanctions need to be present in the criminal sanctions system of every country in order to make this system more effective, primarily having in mind the goals of special prevention. This paper aims to present the alternative sanctions systems in Serbia and the Netherlands, respectively, with reference to case law examples, as well as to perform a comparative analysis of the two systems and indicate their advantages and disadvantages, as well as methods of their improvement.

The innovativeness of enterprises in the EU countries

2016 ◽  
Vol 61 (8) ◽  
pp. 64-78
Author(s):  
Jerzy Baruk
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Comparative Analysis ◽  
The Netherlands ◽  
Research And Development ◽  
Public Support ◽  
The European Union ◽  
Conducting Research ◽  
High Share ◽  
The Eu

This article discusses innovativeness of enterprises functioning in the European Union based on the following measures: popularity of introducing innovation; the effects of introduced innovations; the commonness of conducting research and development activities; public support for introducing innovations. In this publication the statistical-comparative analysis of the results of empirical researches conducted by TNS Political&Social is made. This analysis showed that the following countries: Croatia, Malta, Portugal, United Kingdom and Italy were characterized by a relatively high share of companies implementing the various types of innovations. The opposite were: Estonia, the Netherlands, Lithuania, Sweden and Hungary. The turnover achieved from implemented innovations were at the level of 1% to 25%. Finland, the Netherlands and Denmark distinguished in commonness of R&D realizing.

Public resistance to make 5G rollout patchy in the EU

2020 ◽  
Keyword(s):  
Supply Chain ◽  
The Netherlands ◽  
Mobile Phone ◽  
Radio Wave ◽  
Infrastructure Projects ◽  
Content Type ◽  
Eu Countries ◽  
5G Technologies ◽  
Public Concerns ◽  
The Eu

Subject Citizen opposition to 5G technologies. Significance Public concerns about and activism against 5G technology are highly varied across EU countries. Resistance is particularly strong in Germany, France, Belgium and Austria, while the Netherlands has thus far seen the highest number of arson attacks against mobile phone masts. Impacts The EU will not exclude Huawei from 5G outright, despite escalating US-China tensions over technology. Huawei’s geostrategic, reputational and supply chain difficulties are rising, clouding its market appeal worldwide. Resistance to 5G may lead to increased regulation on radio-wave strength levels to help address public concerns. Governments may adjust complaints procedures to shorten delays in the rollout of 5G and other infrastructure projects.

scholarly journals Book reviews 2016

2016 ◽  
Vol 2016 (2) ◽  
pp. 128-132 ◽  
Author(s):  
Axel Hilling
Keyword(s):  
Comparative Analysis ◽  
Case Law ◽  
Doctoral Dissertation ◽  
International Taxation ◽  
Tax Law ◽  
Tax Treaties ◽  
Fundamental Freedoms ◽  
Direct Tax ◽  
The Eu

Abstract This section contains reviews of two Swedish books on international taxation. First, the book Skatteavtal och generalklausuler, Ett komparativt perspektiv (Tax Agreements and General Anti-Avoidance Regulations, A Comparative Perspective) is recommended for those who study and work with international tax law. The book analyses how tax treaties’ function to limit contracting states’ taxing powers relates to national GAARs. A comparative analysis is made between Sweden and Canada. In the second review, the doctoral dissertation EU-domstolens restirktionsprövning i mal om de grundläggande frihterna och direkta skatter (The EU Court of Justice’s examination of the restriction requirement in its direct tax case law) is reviewed. The dissertation systemizes relevant CJEU’s case law and analyzes the Courts reasoning in deciding whether or not certain tax regulation is in conflict with EU fundamental freedoms.

scholarly journals Deceptive Conducts before the Patent Office

2019 ◽  
Author(s):  
Eugenio Hoss
Keyword(s):  
Comparative Analysis ◽  
Negative Impact ◽  
Competition Law ◽  
Case Law ◽  
Patent System ◽  
Patent Office ◽  
Patent Landscape ◽  
The Us ◽  
The World ◽  
The Eu

In an increasingly harmonized global patent landscape, few issues still distinguish the US patent system as much as its strict–and often criticized–duty of candor and its inequitable conduct doctrine. The EPO and most other countries around the world impose less burdensome disclosure duties upon patent applicants. What is there to learn from the experience in the US? Have these tools resulted in any benefit worth considering? Yet regardless of the disclosure duties imposed upon patent applicants, a deceptive conduct before the Patent Office could lead to unwarranted exclusive rights and have a negative impact on competition. Should antitrust law intervene? Is it a case of sham litigation? This work attempts to answer those questions through a comparative analysis, examining the law and case law in the US and in the EU from both a patent and a competition law perspective and seeking a workable theory of harm.

The Case of the Electronic Cigarette in the EU

2014 ◽  
Vol 21 (2) ◽  
pp. 161-175 ◽  
Author(s):  
Eugenie Syx
Keyword(s):  
Smoking Cessation ◽  
The Netherlands ◽  
Legal Status ◽  
Case Law ◽  
Legal Framework ◽  
Electronic Cigarette ◽  
The Other ◽  
The One ◽  
Smoking Cessation Therapy ◽  
The Eu

Abstract Although the electronic cigarette was invented in 2004, only recently the product has started to provoke discussion. On the one hand, the electronic cigarette is characterized by scientific uncertainties. It is not clear whether the device can be used in smoking cessation therapy, whether the use induces non-smokers — including minors — to start smoking and whether the vaporized substances and the act of vaporizing itself (which is smoking an electronic cigarette) is harmful. On the other hand, there is no harmonised European legal framework and different Member States attribute a different legal status to the e-cigarette. In this article, the author analyses how the e-cigarette should be qualified according to the current European legislation and ecj case law and describes how the e-cigarette is qualified in the uk, France, the Netherlands, Belgium and Spain.

Russian Policy of Agriculture Support and the Necessity of Its Modification after WTO Accession

2012 ◽  
pp. 132-149 ◽  
Author(s):  
V. Uzun
Keyword(s):  
Comparative Analysis ◽  
World Trade Organization ◽  
Agricultural Production ◽  
World Trade ◽  
The Us ◽  
The World ◽  
Wto Accession ◽  
The Eu ◽  
Agriculture Support

The article deals with the features of the Russian policy of agriculture support in comparison with the EU and the US policies. Comparative analysis is held considering the scales and levels of collective agriculture support, sources of supporting means, levels and mechanisms of support of agricultural production manufacturers, its consumers, agrarian infrastructure establishments, manufacturers and consumers of each of the principal types of agriculture production. The author makes an attempt to estimate the consequences of Russia’s accession to the World Trade Organization based on a hypothesis that this will result in unification of the manufacturers and consumers’ protection levels in Russia with the countries that have long been WTO members.

Cherneha O. B., Chepurnova A. V. COMPARATIVE ANALYSIS OF UKRAINE AND POLAND FOOD SECURITY LEVELS

2019 ◽  
pp. 9-17
Keyword(s):  
Food Security ◽  
Comparative Analysis ◽  
Rural Development ◽  
Agricultural Policy ◽  
Common Agricultural Policy ◽  
Public Spending ◽  
Development Program ◽  
Rural Development Program ◽  
Security Levels ◽  
The Eu

Objective. The purpose of the article is to compare the levels and mechanisms of food security management in Ukraine and Poland, to identify the main factors influencing the processes of its formation and to determine the directions of increasing the level of Ukraine food security. Methods. The scientific results of the study were obtained using the following methods: theoretical generalization and comparison (for the study of meaningful aspects of the definition of «food security»), analysis and synthesis (for comparative analysis of Ukraine and Poland food security levels), abstract-logical method (for establishing the links between the level of economic development of countries and the levels of their food security and determining the directions of increasing the Ukraine level of food security). Results. On the basis of a comparative analysis of Ukraine and Poland food security levels, a significant gap in Ukraine’s provision of food security has been identified. Thus, with respect to all food security components identified by FAO, except for the «use» of sanitary and safe drinking water, Poland has reached far ahead of Ukraine. It has been found that for the period 2012–2018, the value of the Global Food Security Index for Ukraine decreased by 2.1 due to a decrease in the level of affordability and availability of food, while the Polish side increased its position on GFSI by 2.8 due to the increase in affordability and availability of food in the country. It has been found that the decisive influence on the level of food security in Poland, as well as high ranking in the ranking is carried out by the EU Common Agricultural Policy (CAP), the implementation of the Polish Rural Development Program and significant public spending on agriculture. It has been determined that the main directions for improving the level of food security of Ukraine should be: lifting the moratorium on the sale of agricultural land; financing the agri-food sector not only through public spending but also through EU programs; creation and implementation of the National Rural Development Program; full and unconditional implementation of Government programs on EU integration; adaptation to the EU Common Agricultural Policy standards.

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