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 Enhanced Digitalisation and Competition Law Enforcement in Slovakia

2021 ◽  
Vol 11 (2) ◽  
pp. 83-101
Author(s):  
Mária T. Patakyová
Keyword(s):  
Law Enforcement ◽  
Slovak Republic ◽  
Theoretical Perspective ◽  
Competition Law ◽  
Theoretical Background ◽  
Point Of View ◽  
The European Union ◽  
Theoretical Concepts ◽  
Competition Law Enforcement ◽  
Eu Competition Law

Abstract Digitalisation is a challenge from the regulatory point of view. Competition law, as a special type of regulation, is no exception to this. The article explores the risks of digitalisation, especially the ones related to the enhanced use of pricing algorithms. In theory, pricing algorithms are not easily assessed from the perspective of competition law, let alone its application in practice. The prohibition of anticompetitive agreements (pursuant to Article 101 of the Treaty on Functioning of the European Union (TFEU)) is applied with certain difficulty to agreements created by using pricing algorithms. This is an unfortunate situation, as horizontal agreements represent one of the worst infringements of EU competition law, including price cartels or bid rigging. Apart from presenting a theoretical background, the article dives into the practice of the Antimonopoly Office of the Slovak Republic (AMO) in order to assess which practical issues the AMO might face when applying the theoretical concepts. In sum, the article asks from a theoretical perspective which issues of competition law have been introduced (or deepened) by the enhanced digitalisation, looking in particular to pricing algorithms. On top of that, the article explores the issues which may be encountered in practice, taking the Slovak jurisdiction as the example. The willingness and feasibility of the AMO to enforce digital issues such as pricing algorithms is assessed based on the previous acts of the AMO as well as the new Act on Protection of Competition, adopted by the Slovak parliament on 11 May 2021.

Introduction

2020 ◽  
Author(s):  
Cheng Thomas K
Keyword(s):  
Developing Countries ◽  
Law Enforcement ◽  
Competition Law ◽  
The United States ◽  
Implicit Assumption ◽  
The European Union ◽  
Legal Principles ◽  
Competition Law Enforcement ◽  
Development Agenda

This introductory chapter provides an overview of competition law in developing countries. Following the proliferation of competition law across the globe in the last few decades, developing countries now comprise a majority of the jurisdictions that have in place a competition law. At least in terms of the language of the main substantive provisions on restrictive agreements and abuse of dominance, many of these new jurisdictions have chosen to follow the U.S. and the EU models. However, the proliferation of competition law regimes has given rise to a fear of balkanization of competition law enforcement and an excessive compliance burden for businesses, especially multi-national corporations. Out of this fear grew the rallying cry for convergence. The implicit assumption behind the drive for convergence is that there exists one or a handful of models of competition law enforcement that are suitable for most countries across the globe, to which new jurisdictions are expected to converge. Some commentators and officials have challenged this, questioning whether the legal principles regulating markets in the industrialized economies of the United States and the European Union can be transplanted directly to developing countries. Apart from the need to tailor to the local economic environment, competition law must contribute to the economic growth and development agenda of developing countries.

An Overview of Competition Law Enforcement in Hong Kong

2020 ◽  
Author(s):  
Brent Snyder
Keyword(s):  
Hong Kong ◽  
Law Enforcement ◽  
Competition Law ◽  
Competition Law Enforcement ◽  
Competition Commission ◽  
The Law

Abstract The Hong Kong Competition Commission is a young enforcement agency, enforcing a competition law that has been in effect less than five years. Despite its relative youth, the Competition Commission is quickly gaining experience as the pace and breadth of its enforcement is increasing in the aftermath of its first trial wins, its policy advisory work with the Hong Kong Government is gaining traction, and its advocacy is succeeding in educating a wide variety of Hong Kong stakeholders about the benefits of competition and the requirements of the law.

European Union competition law in the digital era

2015 ◽  
Vol 13 (4) ◽  
Author(s):  
Massimiliano Kadar
Keyword(s):  
Law Enforcement ◽  
Competition Policy ◽  
Competition Law ◽  
Legal Framework ◽  
Digital Era ◽  
Competition Law Enforcement ◽  
Specific Regulation ◽  
European Competition Law ◽  
Union Competition

AbstractWhat is the role of European competition policy in the digital economy? Even if it cannot deal with all perceived issues in digital markets, competition law enforcement is the appropriate tool to remedy distortions to competition caused by market power, without the introduction of pervasive ex-ante sector-specific regulation being required. Whilst some of the proposals for reform of the European competition law legal framework recently brought may have some merit in principle, the current regime appears to be suitable and sufficiently flexible to allow the Commission to intervene effectively and remedy competitive distortions in digital markets.

scholarly journals Gerichtsstandsklauseln in der privaten Durchsetzung des EU-Kartellrechts

2019 ◽  
Author(s):  
Polina Westerhoven
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Legal Framework ◽  
State Courts ◽  
Private Enforcement ◽  
Eu Law ◽  
Competition Law Enforcement ◽  
Competition Rules ◽  
Damage Claims

This book explores the issues surrounding cartel damage claims from an EU law perspective. It follows an analysis of the existing EU legal framework for private competition law enforcement with a thorough examination of the relevant rules on international jurisdiction. Against this background, the author focuses on the role of jurisdiction agreements in the area of private enforcement. The study covers both the choice of Member State courts as well as the prorogation of third state forums and provides an interesting perspective on the various questions that arise in this context. With regard to the highly debated issue of the interpretation of choice-of-court clauses, it highlights the need to observe the guidelines deriving from the Brussels I Regulation itself. It furthermore outlines the system applicable to third state prorogations and examines how to deal with situations in which the choice of a third state forum may lead to the circumvention of EU competition rules.

Competition law enforcement on digital markets—lessons from recent EU case law

2019 ◽  
Vol 7 (2) ◽  
pp. 249-278
Author(s):  
Adrian Kuenzler
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Case Law ◽  
Legal Framework ◽  
Theoretical Background ◽  
Digital Economy ◽  
Competition Law Enforcement ◽  
Court Of Justice ◽  
Policy Goals ◽  
The Way

Abstract This article is set against the Court of Justice of the European Union’s (CJEU) decisions in Pierre Fabre and Coty Germany GmbH, observing that in the digital economy, price is no longer the sole important parameter of competition and that competition law therefore has to reconstruct the theoretical background required to explain the tensions contained in the design of concentrated marketplaces. As the CJEU’s approach taken in Pierre Fabre and Coty shows, competition authorities and courts also need to consider the market’s distinct psychological properties when they contemplate the legal framework that governs it. The article thus explains the CJEU’s decisions not against the well-known debate about inter- and intrabrand competition but with reference to the notion of creating distinct types of ‘variety’ in the marketplace so as to enable consumers to choose not just between the alternative options that they face but also to enable them to make decisions that will shape the manner in which they think about whether they should consider alternative options at all. The article’s findings aim to advance debates about the overarching policy goals of the way in which digital markets ought to be regulated.

scholarly journals Problems of using "technical means of recording information" by media journalists: regulatory framework and judicial practice

2020 ◽  
Author(s):  
П.В. Ивлиев
Keyword(s):  
Law Enforcement ◽  
Mass Media ◽  
Legal Framework ◽  
Regulatory Framework ◽  
Technical Equipment ◽  
Positive Experience ◽  
Judicial Practice ◽  
The Law ◽  
Single Standard

В статье анализируется нормативная правовая база, а также правоприменительная практика, касающаяся наиболее проблемной точки – использованию журналистами технических средств во время своей работы. Автор указывает на то, что в Законе «О СМИ» практически никаких ограничений не зафиксировано. Однако в отдельных внутриведомственных приказах и распоряжениях, постановлениях установлено, что для надлежащей работы журналистов (и, соответственно, проноса или провоза технических средств) необходима обязательная аккредитация. Ориентируясь на позитивный опыт зарубежных органов власти, автор предлагает сократить аккредитационные требования к журналистам, унифицировав их по единому стандарту. The article analyzes the regulatory legal framework, as well as law enforcement practice, concerning the most problematic point – the use of technical means by journalists during their work. The author points out that there are practically no restrictions in the law" on mass media". However, some internal orders, orders, and Resolutions state that mandatory accreditation is required for the proper work of journalists (and, accordingly, for the transport or transportation of technical equipment). Based on the positive experience of foreign authorities, the author suggests reducing the accreditation requirements for journalists by unifying them according to a single standard.

A Solution to the Problems? Regulation 1/2003 and the modernization of competition procedure

2003 ◽  
Vol 1 (2) ◽  
pp. 107-135 ◽  
Author(s):  
Frank Montag ◽  
Andreas Rosenfeld
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Basic Principles ◽  
Radical Reform ◽  
Competition Law Enforcement ◽  
Ec Competition Law

Abstract On 16th December 2002 the Council adopted Regulation (EC) No. 1/2003 on the implementation of rules on competition laid down in Articles 81 and 82 of the Treaty. This Regulation will not only replace the 40-year-old Regulation 17/ 62 but constitutes a radical reform of EC competition law enforcement. The purpose of this article is to analyse the basic principles of the new Regulation and the implications for current and future competition proceedings.

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