scholarly journals Review of violations of competition in Japanese law

2020 ◽  
Vol 58 (4) ◽  
pp. 171-189
Author(s):  
Vuk Leković
Keyword(s):  
Effective Means ◽  
Competition Law ◽  
Legal Framework ◽  
The European Union ◽  
Market Participants ◽  
Leniency Program ◽  
Japanese Law ◽  
The Republic ◽  
Official Site ◽  
Definition Of

Author in this paper analyses competition violations under the Antimonopoly Act in Japan. Legal definition of competition violations is presented in the first chapter of paper as follows: private monopolization, unreasonable restraint of trade, and unfair trade practices. The second part of the paper focuses on the procedural course of identifying competition violations and the role played by the Japanese Fair Trade Commission in this process. Finally, the importance of the leniency program is emphasized as one of the most effective means of preventing anticompetitive behaviours of market participants. Throughout the paper, the author points out that there are some differences between competition legal framework in Japan and the European Union. The inspiration for writing this paper is the author's desire to share his own experiences and knowledge, gained during a three-week study visit to Japan in direct work with employees of the JFTC and professors in the field of competition law, in order to acquaint the expert public in the Republic of Serbia with Japanese competition law. During the research, the author used sources from the official site of the JFTC, as well as other relevant articles on the Internet.

Local-level Nudging for Renewables in Slovenia: Organisational Aspects and Legal Limitations

2020 ◽  
Vol 18 (3) ◽  
pp. 523-556
Author(s):  
Luka Martin Tomazic
Keyword(s):  
Renewable Energy ◽  
Local Level ◽  
State Level ◽  
Legal Framework ◽  
Local Energy ◽  
The European Union ◽  
Policy Goals ◽  
National Legal System ◽  
The Republic ◽  
Positive Effect

Proliferation of renewable energy is high on the agenda of the European Union. In it, local government plays an important role. Besides traditional regulatory approaches such as legislation, nudging could have a positive effect on achieving the desired policy goals. This article analyses the legal framework within which the local-level practice of nudging is embedded in the Republic of Slovenia. Since EU-level legislation and ECHR aspects are analysed as well, the application of findings is broader than merely the national legal system. Nudging could be performed either by using the existing infrastructure or through the creation of local energy organisations. Three main groups of legal limitations are identified, namely state-level limitations, GDPR-related concerns and constitutional or human rights considerations. Defaults and individualised informing are emphasized as two of the most promising nudge-types in the field of renewable energy.

The Exploitative Abuse Prohibition

2017 ◽  
Vol 62 (4) ◽  
pp. 737-751 ◽  
Author(s):  
Tadashi Shiraishi
Keyword(s):  
European Union ◽  
Intellectual Property Rights ◽  
Competition Law ◽  
The United States ◽  
Sharing Economy ◽  
The European Union ◽  
Bargaining Position ◽  
Functional Equivalent ◽  
Japanese Law ◽  
Holistic Research

The prohibition of exploitative abuse has attracted increasing attention in recent years, activated by many modern issues, also involving intellectual property rights. This article takes a bird’s-eye view of the policy distance between the United States, a core supporter of nonintervention, and the European Union, a core supporter of modest intervention. The article also examines the response of Japanese law, which includes the prevention of abuse of a superior bargaining position, a functional equivalent to the prohibition of exploitative abuse in this context. The provision against abuses of a superior bargaining position in Japan has been recently enforced in the context of private lawsuits as well. Such a holistic research framework will enable us to explore the potential responses of competition law to the challenges raised by data protection, the sharing economy, and other modern issues.

scholarly journals Modified Legal Framework and Opening of the Liner Shipping Market in the Republic of Croatia to Shipping Companies from the European Economic Area

2017 ◽  
Vol 6 (2) ◽  
pp. 140-146
Author(s):  
Nikola Mandić
Keyword(s):  
European Union ◽  
Public Transport ◽  
Legal Framework ◽  
Liner Shipping ◽  
Transitional Period ◽  
European Economic Area ◽  
The European Union ◽  
European Economic ◽  
Economic Area ◽  
The Republic

Generally speaking, public transport is the transport of persons and cargo available for use to the general public, performed on the basis of a transport contract. Public transport costal liner shipping is the transport of passengers, cargo and vehicles in the internal marine waters and territorial sea ofthe Republic of Croatia performed on pre-established lines in compliance with the published terms and conditions of the sailing schedule and services pricelist. The Act on Transport in Liner Shipping and Occasional Costal Maritime Transport established the public transport system in the Republic of Croatia, ensuring regular connection of inhabited islands with the mainland and other inhabited islands, as well as between coastal towns, with an appropriate number of daily two-way connections, to improve the conditions of island life and stimulate their development. Prior to the accession of the Republic of Croatia to the European Union, the maritime liner shipping market in the Republic of Croatia was reserved primarily for Croatian shipping companies. Now, following the expiry of the transitional period negotiated in pre-accession negotiations with the European Union and the expiry of previously concluded concession contracts, the market is opening up to shipping companies from the European Economic Area. Hence, over the last couple of years, the Republic of Croatia was required to modify its legal framework regulating this subject matter. This paper presents novelties in the legal framework introduced in 2016 and 2017, which directly affect the opening of the maritime liner shipping market in the Republic of Croatia to shipping companies from the European Economic Area, with the critical analysis of the new solutions.

scholarly journals Legal framework for establishing a single maritime transport space without barriers

2016 ◽  
Vol 52 (1) ◽  
pp. 165-182
Author(s):  
Biserka Rukavina ◽  
Loris Rak ◽  
Silvana Buneta
Keyword(s):  
European Union ◽  
Information System ◽  
European Commission ◽  
European Parliament ◽  
Legal Framework ◽  
Traffic Monitoring ◽  
Maritime Transport ◽  
The European Union ◽  
Member States ◽  
The Republic

This paper provides an overview of activities of the European Commission for establishing a single European maritime transport space and indicates whether and to what extent the adopted strategy documents have established their operations in practice. Directive 2010/65/EU of the European Parliament and of the Council on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002/6/ EC, as well as Directive 2002/59/EC of the European Parliament and of the Council establishing the Community vessel traffic monitoring and information system, which represent significant legislative achievements of the European Union in the process of reducing administrative burdens to which ships are exposed in the maritime transport, are particularly analyzed. Reasons for amending Directive 2002/59/EC are especially explained. In the last part of the paper, authors review the achievements of the Republic of Croatia regarding the implementation of measures for the establishment of a single European maritime transport space. Based on the results of a comparative overview of solutions contained in the Directives and Croatian bylaws, authors point to the existence of non-compliance and to the need for further action.

FORMATION OF THE MOLDOVAN LOCAL SELF-GOVERNMENT SYSTEM IN THE CONTEXT OF EUROPEAN INTEGRATION (1990S)

2021 ◽  
pp. 53-85
Author(s):  
Elena A. Kosovan ◽  
Keyword(s):  
European Union ◽  
Soviet Union ◽  
Institutional Environment ◽  
Legal Framework ◽  
Formal Structure ◽  
The European Union ◽  
Republic Of Moldova ◽  
The Soviet Union ◽  
The Republic ◽  
Decentralization Reform

The article considers the process of formation of the institutional and legal framework for the local self-government system in the Republic of Moldova. Chronologically, the study covers the first decade after the collapse of the Soviet Union. The author places the formation of the national local self-government system in the context of the European vector of Moldovan foreign policy, analysing the process (especially the implementation of the so- called “decentralization reform”) from the perspective of Moldova’s interaction with the European Union and the Council of Europe. The theories of formal structure and social imitation provide the conceptual framework for the study. The author briefly describes the Soviet self-government system, the gradual abandonment of which was the essence of the reforms of the 1990s, and touches upon the organization of self-governance according to the Anglo-Sax- on and Continental models and the modern systems of self-governance existing in the European Union, to which the Republic of Moldova aspires to become a member. The article consecutively analyses the stages of work of Moldovan legislators aimed at the formation of local authorities, evaluating its results both in terms of compliance with European norms and principles of local self-government organization and in the context of the national ethno-political, institutional and legal, civil and political specificity. According to the author’s hypothesis, the Republic of Moldova builds a system of local self-government by introducing elements of its institutional environment (European principles of regionalization and deconcentration) into its formal structures, but proceeds not so much from their compliance with specific goals and objectives of the Moldovan state, its political, economic and sociocultural specificities, as from their symbolic weight and ability to legitimize Moldova on the international scene as a state successfully undergoing a democratic transition.

Article 101 TFEU’s Association of Undertakings Notion and Its Surprising Potential to Help Distinguish Acceptable from Unacceptable Algorithmic Collusion

2020 ◽  
Vol 65 (3) ◽  
pp. 423-444 ◽  
Author(s):  
Pieter Van Cleynenbreugel
Keyword(s):  
New Technologies ◽  
Competition Law ◽  
Legal Framework ◽  
Antitrust Law ◽  
The European Union ◽  
Current Form ◽  
Promising Tool ◽  
Learning Capabilities ◽  
Set Up ◽  
The Eu

The machine learning capabilities of new technologies raise provocative questions and challenges for the development of competition law within the digital economy. Academic discussions have focused on how antitrust law should avoid, anticipate, and respond to such behavior. The predominant emerging narrative is that antitrust law, in its current form, is unable to distinguish between acceptable and unacceptable algorithmic collusion. The purpose of this article is to challenge that claim in the context of Article 101 Treaty on the Functioning of the European Union (EU). The reference within Article 101 TFEU to “associations of undertakings” plays a crucial role in that regard and offers a promising tool to better identify and regulate forms of unacceptable algorithmic collusion. Against that background, this article will propose an alternative compliance-focused way forward that could be set up without requiring modifications to the EU legal framework.

scholarly journals Institutionalization of Regional Policy and the Regional Institution System in Serbia

2013 ◽  
Vol 20 (1) ◽  
pp. 27-47 ◽  
Author(s):  
Zoltán Takács ◽  
Imre Nagy
Keyword(s):  
Regional Development ◽  
Regional Policy ◽  
Legal Framework ◽  
Special Focus ◽  
The European Union ◽  
Regional Institutions ◽  
Regional Institution ◽  
The Republic ◽  
Autonomous Province ◽  
Institutional Hierarchy

This study summarizes aspects of Serbian regional policy with special focus on regions and the development of the regional institutions. The study emphasizes the importance of the issue in the Republic of Serbia in 2010, with the ambition to join the European Union. With the enactment of the new Law on Regional Development and the legal framework five NUTS 2 regions were created. The Ministry of Economy and Regional Development is responsible for the institutional coordination of the regional policy. Regional Development Agencies are at the intermediate level of institutional hierarchy. After the regionalization of Serbia, the Autonomous Province of Vojvodina remained a whole and unified NUTS 2 region with complex and developed regional institutions.

scholarly journals Grounds for Private Enforcement of Albanian Competition Law

2016 ◽  
Vol 9 (13) ◽  
pp. 61-76
Author(s):  
Ermal Nazifi ◽  
Petrina Broka
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Legal Framework ◽  
The European Union ◽  
Judicial Practice ◽  
Class Actions ◽  
Competition Law Enforcement ◽  
Protection Legislation ◽  
The Law ◽  
Civil Procedures

Infringements of competition law can cause serious harm to both consumers and undertakings. Aside from the development of public enforcement of competition law, much focus has been placed in recent years in the European Union on private competition law enforcement. Lawsuits raised by undertakings that sustained damages from anti-competitive practice concerning the compensation of such damages have historically not been widespread in Europe. No such cases have been recorded in Albania at all yet, despite the fact that its competition protection legislation has provided this possibility since 1995. The main causes of the lack of private competition law enforcement in Albania include the absence of judicial practice and doctrinal approaches in this area. Relevant here is also the inability of Albanian businesses and consumers to react to competition protection cases as they still lack competition law knowledge and as a result of the absence of an appropriate legal framework for class actions. The scope of this article is to analyze the current situation of private competition law enforcement in Albania. The paper emphasizes the current legal framework including existing obstacles to private competition law enforcement and improvements that should be introduced in the context of its competition law, the law of civil procedures and the law of obligations.

scholarly journals DIGITAL COMPETENCE OF PEDAGOGICAL STAFF IN THE SYSTEM OF POSTGRADUATE PEDAGOGICAL EDUCATION

2021 ◽  
pp. 33-43
Author(s):  
Alla Samko ◽  
Keyword(s):  
Postgraduate Education ◽  
Legal Framework ◽  
Educational Process ◽  
The European Union ◽  
Digital Competence ◽  
Main Research ◽  
Professional Activities ◽  
Comprehensive Development ◽  
Key Issues ◽  
Definition Of

The main topic of the article is the issue of developing the digital competence of teachers in postgraduate education. It is noted that the development of the digital competence of the teacher is one of the key issues of education, which are related to the challenges of the current information society and the rapid technical and technological processes. The aim of the research is to single out the main problems of the development of digital competence of pedagogical workers in postgraduate pedagogical education. The main research method is a theoretical analysis of the framework and regulatory documents on standards and requirements for digital competence of teachers in the European Union and Ukraine; the best practices of the specialists of the conditions of formation of digital competence of teachers. The importance of digital competence is emphasized, which allows the teacher to participate in the information environment, to use the latest advances in technology in their professional activities. The definition of digital competence of a pedagogical worker is given. The conditions of formation of digital competence of teachers in the system of postgraduate pedagogical education are considered, such as the digitalization of education, the availability of legal documents on standards and requirements for digital competence of teachers, the need to create and implement criteria for the development of digital competence, the readiness of postgraduate education to ensure the formation of digital competence of teachers. Emphasis is placed on the challenges that hinder the effective use of digital technologies by teachers in the educational process. It is concluded that the formation of digital competence contributes to the comprehensive development of teachers, their self-improvement, the desire to learn throughout life, the ability to apply the acquired knowledge, which improves the quality of education. Changing the legal framework for standards of digital competencies, acquaintance with the achievements of the European community will help identify new approaches to building individual areas of development of digital competence of teachers.

scholarly journals Constitutional Basis for the Application of the EU Regulation on Electronic Identification and Trust Services in the Republic of Srpska // Ustavnopravni osnov primjene EU uredbe o elektronskoj identifikaciji i uslugama povjerenja u Republici Srpskoj

2019 ◽  
Vol 9 (9) ◽  
pp. 160
Author(s):  
Siniša Macan ◽  
Siniša Karan
Keyword(s):  
European Union ◽  
Bosnia And Herzegovina ◽  
Legal Framework ◽  
Business Community ◽  
Electronic Business ◽  
The European Union ◽  
Electronic Signature ◽  
Goods And Services ◽  
The Republic ◽  
Republika Srpska

The Constitution of Bosnia and Herzegovina guarantees the right free exchange of goods and services throughout the territory of Bosnia and Herzegovina. In the process of integration into the European Union, Bosnia and Herzegovina and Republika Srpska have committed themselves to adapting their regulations to EU legislation.The exschange of goods and services has switched to the domain of electronic business, by developing Internet technologies. Administration can be viewed through services provided to citizens and the business community. It can be noted that these services can be services that are available to users through different communication channels. The administration can also provide its services according to prencipes on which e-commerce is basedAccording to mentioned above, the European Union, in accordance with the Functioning Agreement, defined through the European regulation of services, services that should make available the common market in each member state of the Union. In addition, the European Union has identified ways of identifying and implementing the services of trust in the market through the adoption of eIDAS regulations, that is, the Regulation on electronic identification and trust services for electronic transactions in the internal market No. 910/14Bosnia and Herzegovina and Republika Srpska have an obligation to adopt legal framework and implement obligations adopted by eIDAS regulations. The Constitution of Bosnia and Herzegovina defines that all governmental functions and powers not expressly assigned to the institutions of Bosnia and Herzegovina are responsibilities of the Entities. Therefore, regulating the electronic services market is the competence of the Entities. Accordingly, the Republic of Srpska has adopted a set of laws that are in line with eIDAS regulations, defining terms that are regulated by eIDAS regulations related to electronic business, electronic identification and trust services.In 2006, Bosnia and Herzegovina adopted the Law on Electronic Signature, using the provisions of the Constitution of Bosnia and Herzegovina that everything that the Entities agree on is the competence of Bosnia and Herzegovina. This law does not comply with eIDAS regulations. The paper describes how to apply eIDAS regulations in the Republic of Srpska and presents the situation in the field of application of the European Service Directive, as well as the ways to fully implement eIDAS regulations and exchange information on trust services and certification bodies with the institutions of the European Union and other Member States.

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