State Control over Intra-Group Transactions of Assets of a Strategic Entity

The article examines the current legal mechanism for monitoring the implementation of intra-group transactions and other actions within the framework of economic concentration; the possibility of applying the appropriate procedure when exercising state control over foreign investments in strategic business companies.The analysis of regulatory legal acts and international practice allowed the author to conclude that the introduction (by analogy with the Law on the Protection of Competition) of a notification procedure for a foreign investor to make transactions with assets of a strategic business company will not correspond to the objectives of control over foreign investments. In that connection the existing preliminary control seems to be the most effective.

The circular economy can have oligarchic tendencies in socially-unequal countries: evidence from Chile.

The Sustainable Development Goals include both increasing recycling rates and reducing socioeconomic inequalities. However, existent research lacks attention to the link between advancing towards the circular economy and concentration of wealth and political power. This article analyzes the case of Chile, one of the most income-unequal countries in the world, which between 2014 and 2020 implemented a registry of polluters, an extended producer responsibility legislation, and called for elections to establish a Constitutional Convention to set a new rule of law for the country. The authors of this study innovate by analyzing both economic concentration and political linkages among waste valorization companies. The results show a tendency towards higher concentration in already concentrated waste markets, and a continuous rise in the share of the valorisation market by politically-linked companies. The coexistence of oligopoly, oligopsony and oligarchic tendencies should be considered when analyzing the circular economy in other countries.

Editorial Foreword in English

The International Review of Law has always been a comprehensive scholarly platform for numerous legal studies, especially in terms of their visions and approaches, which reflect the cognitively disciplined and renewable legal thoughts. The International Review of Law reinforces the national law by being open to different legal systems regionally and internationally. The Review of Law serves as a stage for all readers with a passion for law. It has also updated its data on the DOAJ platform to reach the largest number of readers. The editorial board of the International Review of Law selected a number of research papers that respond to the standards of authentic and accurate scientific work in both Arabic and English. This issue contains nine high-quality scientific research, in addition to three book reviews. The first paper (Obeidat and Alfadel) evaluates “The Dominant Position and Its Impact on Competition within the Framework of Economic Concentration Processes – Analytical Study in the Jordanian and Qatari legislations.” While the second research paper (Al-Hababi) deals with the “Oppression versus Prosecution in Asylum Cases Under International Law & Municipal Laws.” The third research paper (Lamchichi) focuses on the topic of “Laws with Constitutional Provisions in the Qatari Legislation – An Attempt to Define the Concept.” As for the fourth research paper (Ali); It is concerned with “The Civil Liability of Judicial Experts - A Comparative Study in Qatari and French Laws.” While the fifth research paper (Noh and Sheha) addresses the topic of “Administrative Jurisdiction in Asylum Matters – A Comparative Study between French and Qatari Laws.” The sixth research paper (Reziq) is interested in “Claiming against the Guarantor; Its Time and Scope – Analytical study within Light of the United Arabian Emirates Civil Transactions Law.” The seventh research paper (Al-Khaldi) sheds light on “The Civil Liability of Companies Producing Vaccines and Medicines for Coronavirus (Covid-19).” While the eighth research paper (All-laymoon) focuses on “The Constitutional Status of the Crown Prince in the Jordanian Constitutional System- An Applied Comparative Study with the Qatari and Kuwaiti Constitutional System.” The last research paper (Abu-Sharida) is in English. It answers the following question: “Why Harmful Posts on Social Media should be Regulated.” This issue is concluded by reviews of three books, which have been recently published by Qatar University Press. The first review (Almuhtady bellah), of the book titled: “Peaceful Settlement of International Disputes” by Ibrahim Al-Anani. The second review (Benlahcene), of the book titled: “Qatar and the Gulf Crisis” by Kristian Ulrichsen. The third review (al-Masry), of the book titled: “A Practical Guide to Upstream Petroleum Granting Instruments” by Peter Roberts. The editorial board thanks the distinguished researchers and arbitrators who contributed to this issue’s quality and scientific value, who strive to make the International Review of Law a platform for scientific knowledge that benefits the readers and researchers in various fields.

A Dominant Position as a Sign of Strategic Importance of an Economic Society

The paper analyzes regulatory legal acts governing implementation of transactions with securities, stakes, property or rights in relation to business entities that occupy a dominant position in a certain commodity market. The paper examines the issues related to the possibility of recognizing a dominant position as a criterion for classifying an economic society as an economic society of strategic importance for ensuring the country’s defense and state security (hereinafter: strategic importance) using as an example legislative restrictions on implementation of economic concentration in relation to organizations, providing communication services, port services, as well as in relation to natural monopolies. Based on the results of the study, a conclusion is made about the validity of modern approaches to establishing strategic importance of an economic society through the concept of a dominant position that over time can be transformed to use the concept of a dominant position as an independent criterion for establishing strategic importance of an economic society.

Corporate Structure, Industrial Development, and Structural Change in South Africa

The orientation of large corporations is at the heart of how countries develop. These firms make large-scale investments and realize economies of scale and scope, as well as make long-term commitments to the learning and research necessary to build capabilities required for industrial development. In many industries and sectors the large firms have key technologies, govern access to markets, and control material inputs which can shape the structure of an economy. The chapter reviews the changing corporate structure in South Africa focusing on the implications for industrial development, the evolving internationalization of South African businesses, and the political economy of economic policy. While the South African economy has remained highly concentrated, the corporate structure has altered in fundamental ways. The chapter identifies key elements of continuity and change to explain the implications of the continued high levels of economic concentration for the economy through the lens of the corporate structure.

Economic analysis of the firm’s boundaries and the limits of competition: The case of Nord Stream 2 AG

Using publicly available information, the article examines the economic concepts, which underlie the arguments of the decision of Polish competition authority UOKiK in relation to the participants of the Nord Stream 2. It explains the interrelation between economic and legal concepts, which are to be applied to interpret the competitive impact of joint venture and probable theory of harm for infrastructure investments under competition law of European Union, including in comparison with Russian competition law. It has been demonstrated that the resolution of a consortium case should be based on the proof of two statements. The first statement implies that the joint venture is a firm (and therefore the creation of a joint venture is a deal leading to economic concentration). The second statement means that despite Gazprom adopted the commitments about decision of the European Commission and trends in the development of the European gas market, the possibility of price discrimination is retained. Discussion and contestation of the decision against PJSC Gazprom testify in favor of maintaining the relevance of institutional studies and studies of industry markets for resolving legal disputes arising from the application of competition law.

Features of exercising control over economic concentration: the experience of Russia, France and USA

The relevance of the topic is due to the comprehensive development of digital technologies and the need for timely legal regulation of new phenomena of public life. Digitalization is not only rapidly penetrating all sectors of the economy, but is a trigger for the creation of qualitatively new economic relations. The digital transformation of the economy and markets, in addition to objective advantages, also carries negative consequences. Negative manifestations are possible in the monopolization of commodity markets. Antitrust laws are changing in line with the expansion of digital markets. The article identifies the main obstacles to regulating monopolies in the digital economy. The practice of antimonopoly regulation of digital platforms is considered. The tasks of adopting the fifth antimonopoly package as expanding the scope of the Federal Law On Protection of Competition are outlined. In addition, the concept of economic concentration is analyzed, as well as signs of restricting competition when considering transactions in its conditions. Particular attention is paid to differences in approaches to regulating the digital market in Russia, France and USA. A comparative analysis of the antimonopoly legislation of Russia, France and USA, types of economic concentration, regulations for control over concentrations at the level of different jurisdictions has been carried out. The phases of control over economic concentration, the powers of the antimonopoly authorities, the assessment of criminal encroachments on competition are considered in detail.

On the concept of “execution of a contract” within the framework of state control over economic concentration

The article analyzes the concept of “execution of a contract” subject to state control over economic concentration. Questions were raised about the relationship of this term with such legal constructions as the conclusion of an agreement, the fulfillment of an obligation, and the execution of an order. Based on the results of considering various types of contracts, the departmental approach in understanding the execution of a contract as the fulfillment of an obligation is critically assessed. Conclusions are made about the need to develop a differentiated approach to reduce the administrative risks of business entities.

The trisulfur radical ion S3•− controls platinum transport by hydrothermal fluids

Platinum group elements (PGE) are considered to be very poorly soluble in aqueous fluids in most natural hydrothermal–magmatic contexts and industrial processes. Here, we combined in situ X-ray absorption spectroscopy and solubility experiments with atomistic and thermodynamic simulations to demonstrate that the trisulfur radical ion S3•− forms very stable and soluble complexes with both PtII and PtIV in sulfur-bearing aqueous solution at elevated temperatures (∼300 °C). These Pt-bearing species enable (re)mobilization, transfer, and focused precipitation of platinum up to 10,000 times more efficiently than any other common inorganic ligand, such as hydroxide, chloride, sulfate, or sulfide. Our results imply a far more important contribution of sulfur-bearing hydrothermal fluids to PGE transfer and accumulation in the Earth’s crust than believed previously. This discovery challenges traditional models of PGE economic concentration from silicate and sulfide melts and provides new possibilities for resource prospecting in hydrothermal shallow crust settings. The exceptionally high capacity of the S3•− ion to bind platinum may also offer new routes for PGE selective extraction from ore and hydrothermal synthesis of noble metal nanomaterials.

Voting Trusts and Antitrust: Rethinking the Role of Shareholder Litigation in Public Regulation, from the 1880s to the 1930s

Scholars have long recognized that the states’ authority to charter corporations bolstered their antitrust powers in ways that were not available to the federal government. Our paper contributes to this literature by focusing attention on the relevance for competition policy of lawsuits brought by minority shareholders against their own companies, especially lawsuits challenging voting trusts. Historically judges had been reluctant to intervene in corporations’ internal affairs and had been wary of the potential for opportunism in shareholders’ derivative suits. By the end of the nineteenth century, however, they had begun to revise their views and see shareholders as useful allies in the struggle against monopoly. Although the balance between judges’ suspicion of and support for shareholders’ activism shifted back and forth over time, in the end the lawsuits provoked state legislatures to strengthen antitrust policy by making devices like voting trusts unsuitable for purposes of economic concentration.