What Has Changed in European Concept of Undertaking? From „FENIN“ to „EASY PAY“

Competition is the main self-regulatory principle of the market in general, internal market included. Competition law has the form of general clauses making its application dependant on the correct interpretation of general concepts. Core competition rules of the Functional Treaty („TFEU“) are addressed to undertakings; undertaking thus belongs to key concepts of competition law. Interpretation of this concept is decisive for the scope of competition rules application. So, the article explores different approaches of the case law to the interpretation of the concept of undertaking based on economic activity. It compares the FENIN doctrine and the new functional test of separability developed in EASY PAY. It drives attention to the impact of this new test for the evaluation of procurement activities under competition scrutiny.

Communication of the origin of food products: legal aspects

The interests that revolve around the mandatory indication of the place of origin of a food product are multiple and often conflicting with each other. Alongside the interests of some producers wishing to highlight the geographical origin of their products, there are conflicting interests of other producers who, for different reasons, prefer not to disclose the origin of their product. Then there are also interests of consumers interested at receiving an ever greater and transparency of the extensive information on the product offered. The indication of the origin of a food product can also constitute an element that has an impact on the proper functioning of the internal market to the extent that it can ultimately induce consumers to purchase national products or, at least, it may affect their purchasing choices: it is therefore necessary to assess the compatibility of the mandatory indication of the origin of the food with the principle of the free movement of goods. This competition of interests explains why the European Union’s legislation on this point is somewhat ambiguous: this paper, apart from the presentation of collective marks and certification marks which, although in a limited way, may contain references to the geographical origin of the products, points out to the provisions contained in Regulation EU 1169/2011 on the provision of food information to consumers, as well as the provisions regulating the products with PDO and PGI certificates.

Resilience in the Context of the Implementation of the EU-Ukraine Association Agreement

This article examines the extent of the practice of resilience in the process of the implementation of the EU-Ukraine Association Agreement (AA). Also, it analyses the main legislative and institutional tools promoting resilience of Ukraine’s market integration with the EU. Two cases are considered in this study. The first case is the launch of negotiations on the EU-Ukraine Agreement on Conformity and Acceptance of Industrial Products (ACAA). The second case is an EU-Ukraine Trade Dispute on Export Woods Ban. In both cases the EU institutions and Ukraine display a high degree of flexibility to pursue a policy of resilience to achieve a high degree of EU Internal Market rapprochement. In the case of Ukraine, the institutional mechanism of the EU-Ukraine AA remains unused as a forum to discuss effectively and to find solutions for impeding problems in the bilateral cooperation agenda. Therefore, a coherent, transparent, and effective institutional cooperation framework in the bilateral EU-Ukraine relations is still needed.

BALANCE OF COMPETITIVE CONDITIONS IN UKRAINE: STATE OPTIONS

The article is considered the problem of achieving a balance of competitive forces between real and potential domestic and foreign producers of industrial products in the internal market of Ukraine. It was described the market reforms in Ukraine from the stand­point of balancing competitive conditions on the example of mechanical engineering goods. It was identified the factors that would facilitate ensuring the balance of competitive forces in Ukraine. It was proposed the measures for balancing the competitive conditions manu­facturing enterprises due to the intersectoral diversion of capital and involvement the state in investing in high-tech projects.

Audiovisual policy transfer between Mercosur and the European Union has gone offtrack

This article analyses the Audiovisual Mercosur Program as a case of policy transfer between Mercosur and the European Union. A qualitative document analysis, expert interviews and the use of policy transfer theory and its constraints made possible the critical evaluation of the program and its impacts. By focusing on the constraints that led to an incomplete and uninformed transfer, we were able to identify an alignment between the underlying ideas of audiovisual policies in Mercosur and the European Union, but also inadequate governance within Mercosur, unbalanced interests between the two trade blocks, and a lack of policy learning. As a result, the transfer of European Union policies reproduced well-documented failures of the European Union's internal market policies relating to the audiovisual sector.

What Makes Employees Behave Innovatively? Empirical Evidence from South Korea

Although the value of a supportive organizational strategy has been recognized over time, there is a need to better understand its relationship with employees’ psychological and behavioral responses. This study focuses on employees’ innovative behavior as a result of their perceptions of internal market orientation in the organization. It proposes a sequential process model that examines the impact of internal market orientation on employees’ innovative behavior through the ethical climate, psychological ownership, and employee stewardship toward the organization. Using data collected from 310 employees of small and medium-sized enterprises in various industries in South Korea, a linear sequential relationship among the constructs is confirmed. The findings of this empirical study, therefore, suggest that the ethical climate, psychological ownership, and stewardship mediate the effects of internal market orientation on employees’ innovative behavior. The research thus offers a conceptual framework that shows the sequential process of the effect of internal market orientation on innovative behavior. Further, it shows that the perception of an ethical climate can be influenced by management and can develop an employee’s psychological ownership. Implications for managers and directions for future research are also discussed.

Swobody rynku wewnętrznego a ograniczenia obrotu nieruchomościami rolnymi

This article aimed to outline the relationship between the freedoms of the internal market and agricultural real estate transactions in the Member States of the European Union. National regulations limiting the possibility of agricultural property acquisition are often considered as violations of European law. However, restrictions can be justified by the reasons listed in the Treaty on the Functioning of the European Union and mandatory requirements. Moreover, nowadays, it is necessary to find the most appropriate response to natural habitat devastation. A proper land economy can have a tremendous role in preserving the planet; therefore, it seems that every analysis of national restrictions must include the impact of the laws on the environment.

DRŽAVNA POMOĆ ZA ISTRAŽIVANjE I RAZVOJ I INOVACIJE ZA KOJU SE PRETPOSTAVLjA DA JE KOMPATIBILNA SA UNUTRAŠNjIM TRŽIŠTEM

Capital for conducting R&D projects is relatively more expensive than for ordinary investment. That is why public support i.e. state aid is necessary. Preferred type of state aid for research & development and innovation is direct funding in the form of grants. This type of state aid generally belongs to state aids that may be considered to be compatible with the internal market. If a new state aid compatible with the internal market European Commission must find out separately for every notified aid. But if state aid for research & development and innovation is awarded under conditions laid down by Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty, there is a legal presumption that state aid is compatible with the internal market and at the same time it is exempted from the notification requirement. State aid that is considered compatible with the internal market can be given for: research and development projects, research infrastructures, innovation clusters, innovation by SMEs, process and organisational innovation and research and development in the fishery and aquaculture sector.

DRŽAVNA POMOĆ ZA ISTRAŽIVANjE I RAZVOJ I INOVACIJE KOJA SE MORA PRIJAVITI

According to Council Regulation (EU) 2015/1588 of 13 th July 2015 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to certain categories of horizontal State aid the Commission may declare state aid for research&development and innovation compatible with the internal market and are not subject to the notification requirement of Article 108(3) TFEU. Authorized by mentioned Regulation, Commission adopted Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty and stipulated conditions under which state aid for research&development and innovation is exempted from the notification requirement. It does not mean that state aid which does not fulfill prescribed conditions is forbidden. State aid which does not fulfill envisaged conditions can be considered compatible with the internal market if after notification to the Commission it assessing it separately establishes that it satisfies each of the following criteria: contribution to a well-defined objective of common interest; need for State intervention; appropriateness of the aid measure; incentive effect; proportionality of the aid (aid limited to the minimum); avoidance of undue negative effects on competition and trade between Member States and transparency of aid