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Journal articles on the topic 'Antitrust law. and legislation'
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1
Kryuchkova, P. "The Role of the Judicial System for the Development of Competition (The Antitrust Legislation and Its Implementation)." Voprosy Ekonomiki, no. 5 (May 20, 2011): 114–24. http://dx.doi.org/10.32609/0042-8736-2011-5-114-124.
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The article is devoted to the influence of the judicial system on the competition development in Russia. The role of the judicial system in forming acceptable standards of proof in antitrust cases, in decreasing uncertainty in the antitrust law implementation is discussed. The issue of possible increase of the role of antitrust law private enforcement is also discussed. The article argues that the influence of the judicial system on antitrust law implementation and competition is ambiguous. On the one hand, there are some positive effects from decreasing uncertainty in the law implementation, rather high standards of proof in the majority of antitrust cases, really adversary character of the judicial process. On the other hand, the judicial authorities position on some issues, for instance qualification of tacit collusion, has turned for the worse. The serious problem is lowering the standards of proof in some politically committed cases.
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Brandão, Clarissa, and Aline Teodoro de Moura. "GUN JUMPING IN BRAZILIAN ANTITRUST LAW: A CASE STUDY IN THE OIL INDUSTRY." PANORAMA OF BRAZILIAN LAW 2, no. 2 (May 26, 2018): 193–212. http://dx.doi.org/10.17768/pbl.v2i2.34389.
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This article presents some of the main changes introduced in the Brazilian antitrust system with the publication of Law no. 12.529, 2011, which introduced important changes in the control of acts of economic concentration - mergers, acquisitions, formation of joint ventures – which now began to be performed by the competent authority prior to the act of concentration, avoiding the consummation of transactions without the consent of CADE and analyzes the concept of Gun Jumping. The legislative change imposes a challenge for the Brazilian antitrust system: to define the boundaries between a lawful process of economic concentration and a Gun Jumping practice. In particular, a study was conducted on these impacts on the national oil industry in order to evaluate the performance of CADE in the implementation of the legislation.
3
Brandão, Clarissa, and Aline Teodoro de Moura. "GUN JUMPING IN BRAZILIAN ANTITRUST LAW: A CASE STUDY IN THE OIL INDUSTRY." PANORAMA OF BRAZILIAN LAW 2, no. 2 (May 26, 2018): 193–212. http://dx.doi.org/10.17768/pbl.v2i2.p193-212.
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This article presents some of the main changes introduced in the Brazilian antitrust system with the publication of Law no. 12.529, 2011, which introduced important changes in the control of acts of economic concentration - mergers, acquisitions, formation of joint ventures – which now began to be performed by the competent authority prior to the act of concentration, avoiding the consummation of transactions without the consent of CADE and analyzes the concept of Gun Jumping. The legislative change imposes a challenge for the Brazilian antitrust system: to define the boundaries between a lawful process of economic concentration and a Gun Jumping practice. In particular, a study was conducted on these impacts on the national oil industry in order to evaluate the performance of CADE in the implementation of the legislation.
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Brandão, Clarissa, and Aline Teodoro de Moura. "GUN JUMPING IN BRAZILIAN ANTITRUST LAW: A CASE STUDY IN THE OIL INDUSTRY." PANORAMA OF BRAZILIAN LAW 2, no. 2 (October 8, 2014): 193–212. http://dx.doi.org/10.17768/pbl.y2.n2.p193-212.
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This article presents some of the main changes introduced in the Brazilian antitrust system with the publication of Law no. 12.529, 2011, which introduced important changes in the control of acts of economic concentration - mergers, acquisitions, formation of joint ventures – which now began to be performed by the competent authority prior to the act of concentration, avoiding the consummation of transactions without the consent of CADE and analyzes the concept of Gun Jumping. The legislative change imposes a challenge for the Brazilian antitrust system: to define the boundaries between a lawful process of economic concentration and a Gun Jumping practice. In particular, a study was conducted on these impacts on the national oil industry in order to evaluate the performance of CADE in the implementation of the legislation.
5
Brandão, Clarissa, and Aline Teodoro de Moura. "GUN JUMPING IN BRAZILIAN ANTITRUST LAW: A CASE STUDY IN THE OIL INDUSTRY." PANORAMA OF BRAZILIAN LAW 2, no. 2 (May 26, 2018): 193–212. http://dx.doi.org/10.17768/pbl.y2n2.p193-212.
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This article presents some of the main changes introduced in the Brazilian antitrust system with the publication of Law no. 12.529, 2011, which introduced important changes in the control of acts of economic concentration - mergers, acquisitions, formation of joint ventures – which now began to be performed by the competent authority prior to the act of concentration, avoiding the consummation of transactions without the consent of CADE and analyzes the concept of Gun Jumping. The legislative change imposes a challenge for the Brazilian antitrust system: to define the boundaries between a lawful process of economic concentration and a Gun Jumping practice. In particular, a study was conducted on these impacts on the national oil industry in order to evaluate the performance of CADE in the implementation of the legislation.
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Ashfa, D. M. "The system of internal compliance with the requirements of antitrust laws in Russia: problems and prospects for the development of legal regulation." Actual Problems of Russian Law, no. 4 (May 30, 2019): 87–94. http://dx.doi.org/10.17803/1994-1471.2019.101.4.087-094.
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The paper is devoted to the study of the main directions of development of the system of internal compliance with the requirements of antitrust laws as a new institution of competition law in Russia. The author analyzes the definition, content and incentives for the implementation of the system of internal compliance with the requirements of anti-monopoly legislation by business entities. The author concludes that an effective system of internal enforcement of compliance with antitrust laws can provide a reasonable, but not absolute, assurance of compliance with antitrust requirements. Business entities should build a compliance system in such a way as to demonstrate to the anti-monopoly body the actual adoption of all possible measures to comply with the requirements of anti-monopoly legislation.
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Soloviev,, V. V., S. V. Yushkin, and S. V. Maksimov*. "Antitrust compliance: system standardization issues." Russian competition law and economy, no. 2 (August 20, 2021): 8–16. http://dx.doi.org/10.47361/2542-0259-2021-2-26-8-16.
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The article examines the etymology and prehistory of the introduction of the institution of antimonopoly compliance in Russian business practice, the relationship of this institution with the institution of general compliance. The article considers the definition of the concept of antimonopoly compliance, enshrined in the new article 91 of the Federal Law "On Protection of Competition".The authors propose their own definition of the concept of antimonopoly compliance as an activity of an economic entity aimed at ensuring compliance with antimonopoly legislation by employees of an economic entity and an economic entity as a whole by preventing and suppressing violations of the requirements of such legislation and regulatory legal and law enforcement acts based on it.The authors also substantiate the advisability of developing a special national standard GOST R "System of internal compliance with the requirements of antimonopoly legislation (antimonopoly compliance system) of an economic entity".It is noted that the effectiveness of the antimonopoly compliance system will depend not only on the ability of an economic entity to form an antimonopoly compliance system on the basis of an appropriate national standard, but also on the state's ability to determine and guarantee effective incentives to comply with antimonopoly legislation.The authors substantiate the advisability of supplementing the Code of Administrative Offenses of the Russian Federation with provisions that provide for the obligation and limits to reduce the amount of punishment or replace the punishment with a softer one in the event of an anticompetitive administrative offense by a person who has implemented an effective system of antimonopoly compliance.
8
Arnold, Theresa J. "What Canadian Oil and Gas Companies Need to Know about U. S. Antitrust Laws." Alberta Law Review 34, no. 3 (May 1, 1996): 557. http://dx.doi.org/10.29173/alr656.
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The author presents an introduction to and a cautionary warning about the idiosyncrasies, complexities and dangers of U.S. antitrust law for the Canadian oil and gas industry in a post-NAFTA economic and legal reality. Pre-NAFTA transborder Canadian rules, customs and business practices in the oil and gas industry may have to be reconsidered in light of the serious implications of U.S. antitrust jurisprudence to date. The reach and the scope of U.S. Title 15 Trade and Commerce legislation, such as the Sherman Act, the Clayton Act, the Robinson-Patman Act, the Federal Trade Commission Act, the Foreign Trade Antitrust Improvements Act, and the Hart-Scott-Rodino Act, are outlined and presented. The author also describes the powers and authority of the United States Department of Justice, the United States Federal Trade Commission, the state attorneys general, and the "private" attorneys general to launch civil actions, class actions and criminal prosecutions serially, concurrently or in combination should an unwary foreign or domestic person run afoul of US. antitrust law. In addition, the author discusses the relevant leading case law, legal tests and legal principles, remedies, penalties, consequences and pitfalls of U.S. antitrust law.
9
Fadeyev, V. V. "Antimonopoly compliance as the circumstance excluding responsibility of the legal entity." Russian competition law and economy, no. 1 (March 30, 2019): 34–37. http://dx.doi.org/10.32686/2542-0259-2019-1-34-37.
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Antitrust compliance system has been one of the most topical issues in the sphere of antimonopoly legislation for the last few years. By now FAS of Russia has prepared the draft law, stipulating the introduction of the antitrust compliance institution and the amendments to the Administrative Offences Code of the Russian Federation, that should allow to mitigate administrative responsibility for the offender if the functioning compliance system is implemented. In this article the author is considering the antitrust compliance system not only as an instrument, that may allow to reduce the administrative penalty for the legal entity but also as a valid defense.
10
Danilovskaia, Anna. "Criminal-legal protection of competition in the United States." Юридические исследования, no. 2 (February 2020): 30–43. http://dx.doi.org/10.25136/2409-7136.2020.2.32254.
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The subject of this research is the legislation and law enforcement in the area of criminal-legal protection of competition in the United States. The questions of counteracting encroachment upon competition alongside protection of rights of economic entities and consumers in case of unfair competition are one of the most relevant in the world. According to separate assessment, the U. S. antitrust legislation is recognized as most efficient. Its establishment, development, and application contributed to emergence of the generally accepted principles of protection of competition, such as per se and the rule of reason. Modern approaches towards restraint of violation of antitrust legislation determined the new trends in development of both, normative acts and judicial practice. Criminal legal protection of competition in the United States is characterized by strict prohibitions, high sanctions, presence of criminal-procedural authority of Antitrust Administration of the U. S. Ministry of Justice, as well as program of mitigation of responsibility for cartels. The goal of study lies in the analysis of legislation and law enforcement in the area of protection of competition in the United States for assessing the existing experience. The novelty consists in proposal of the author to take into account the U. S. experience with regards to countering encroachment upon competition, which can be valuable particularly in revision of the Article 178 of the Criminal Code of the Russian Federation, improvement of the program of mitigation of responsibility for cartels, systematization of the compositions of crime related to unfair competition, cooperation of anti-monopoly agencies and law enforcement authorities. The research results can be used in the work of Federal Anti-Monopoly Service, as well as educational process and scientific activity.
11
Hanni, Noona. "Exclusive Distribution and Non-Compete Clause in Trade: Transnational Agreements in European Union and United States." Udayana Journal of Law and Culture 3, no. 2 (July 31, 2019): 141. http://dx.doi.org/10.24843/ujlc.2019.v03.i02.p02.
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Exclusive distribution agreements are commonly used in both European Union (EU) and United States (US) markets to ensure the efficient distribution of products and services. This article compares the competition legislation in the EU and US and focuses on the differences in the treatment of vertical agreements. This topic is addressed also from an economic perspective and focuses on the possible abuse of dominant market position by international multisectoral companies. This article focuses on the following legal and economic questions: how do competition legislations regulating vertical agreements differ in EU and US and, what kind of possible effects do transnational exclusive distribution agreements have on international trade and competition. In EU law exclusive distribution agreements, even those which include a non-compete obligation limited to five years, are considered as lawful restrictions on competition as long as they fulfil certain criteria listed in the Block Exemption Regulation. EU competition law recognizes the terms of block exemption and ‘safe haven’, whereas the US antitrust law does not regulate any exemptions to vertical restraints. Vertical restraints are interpreted in the US common law of antitrust in the light of the principle of Rule of Reason. An important difference in these jurisdictions is the definition of relevant markets, which is taken into consideration when evaluating the legality of a vertical agreement under competition law. Both jurisdictions emphasize the market power of the producer, but the allowed percentage of market share varies between EU and US and only EU legislation gives emphasis to the market power of the distributor. These differences in competition legislations regulating vertical agreements can lead to conflicts when interpreting the legality of a distribution agreement. The definition of relevant product markets might lead to big international multisectoral companies abusing their dominant position by entering into exclusive arrangements.
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Albors-Llorens, Albertina. "Antitrust Damages in EU Law." University of Queensland Law Journal 37, no. 1 (May 18, 2020): 139–51. http://dx.doi.org/10.38127/uqlj.v37i1.4143.
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The adoption of Directive 2014/104/EU on actions for damages for infringements of the competition rules has marked the beginning of a new era in the field of the private enforcement of the EU competition rules. The arduous legislative journey leading to the adoption of the Directive, the specific aspects pertaining to the exercise of damages actions covered by it and its attempt to establish an effective coordination between the systems of public and private enforcement have already received intense attention by antitrust scholars. However, this contribution will focus on the study of the Directive’s significance as a novel legal instrument in both the fields of EU competition law and EU law in general.
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Shevchuk, E. "Current Problems of Use of Special Knowledge During the Investigation of Offenses in the Sphere of the Antitrust Law." Bulletin of Science and Practice 5, no. 4 (April 15, 2019): 382–87. http://dx.doi.org/10.33619/2414-2948/41/55.
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The paper shows the features of the application of special knowledge when conducting forensic examinations in the field of antitrust laws. In particular, it is shown that such examinations require deep knowledge in various fields, therefore it is advisable to create competition in this market. To do this, it is necessary to give non-state experts the appropriate status, equating them to government agencies. And in state institutions to introduce judicial expertise in the sphere of violations of antitrust regulation. Only the appearance on the market of various institutions conducting examinations in the area of violations of antitrust laws will improve the quality of such examinations. In addition, it is necessary to make the procedure for appointing the examination by the antimonopoly authority more mobile. To this end, it is proposed to amend the legislation to the effect that the decision to confer the status of an expert and conduct an examination should be made in one definition.
14
Blanchard, Margaret A. "The Associated Press Antitrust Suit: A Philosophical Clash over Ownership of First Amendment Rights." Business History Review 61, no. 1 (1987): 43–85. http://dx.doi.org/10.2307/3115774.
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In this article Professor Blanchard examines the Associated Press antitrust suit of the early 1940s in terms of its protagonists, Chicago newspaper leaders Robert McCormick and Marshall Field. The analysis avoids traditional antitrust terms and instead examines the suit as part of an effort by the federal government to use the antitrust law to implement a public-interest interpretation of the First Amendment. Professor Blanchard also looks at McCormick's attempt to obtain special legislation from Congress to void the Supreme Court's decision in favor of Field. She concludes that, although the government's efforts to use the First Amendment to force the news agency to serve a broader public interest were successful, the Associated Press emerged from the suit stronger than before the legal action.
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Spiridonova, A., and E. Juchnevicius. "Price Algorithms as a Threat to Competition Under the Conditions of Digital Economy: Approaches to Antimonopoly Legislation of BRICS Countries." BRICS Law Journal 7, no. 2 (May 24, 2020): 94–117. http://dx.doi.org/10.21684/2412-2343-2020-7-2-94-117.
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The authors examine certain legal problems of antitrust regulation in the digital economy facing the international community, including BRICS member countries. This article focuses on the problems associated with the use of price algorithms by enterprises as a threat factor to competition. The concept of “price algorithm” and the goals of its use by enterprises are analyzed; it is concluded that the use of price algorithms is just one of the tools for conducting economic activity. At the same time, enterprises can pose a threat to competition by using price algorithms as an element of concluding anti-competitive agreements (concerted actions) between enterprises and illegal coordination of their activities. Restriction of competition through the use of price algorithms can harm consumers of goods, works, and services and should be controlled by antitrust authorities. Based on the analysis of the antitrust laws of the BRICS member countries, it is concluded that currently the concept of a “pricing algorithm” is not enshrined in the laws of any of the BRICS member states, however, there are prohibitions on anticompetitive agreements of enterprises and illegal coordination of economic activity. We refute the need to legally enshrine the concept of “price algorithm” in antitrust law. At the same time, it proves that enterprises should be held accountable for the use of the price algorithm as atool to limit competition. The paper proves that within the framework of interstate cooperation of the BRICS countries in the field of competition law, it is necessary to develop common approaches to antitrust regulation in the digital economy, including to ensure auniform approach to regulating and controlling the use of price algorithms by enterprises in the framework of economic activity.
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Danilenko, A. O. "Antitrust compliance: background to the legislative novel." Russian competition law and economy, no. 2 (June 30, 2020): 26–29. http://dx.doi.org/10.32686/2542-0259-2020-2-26-29.
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The article is devoted to the analysis of the concept and prerequisites of consolidating the institution of antitrust compliance in the Federal Law “On Protection of Competition”. The history and problems of the development and adoption of the Federal Law of 01.03.2020 No. 33-FZ “On Amendments to the Federal Law” On the Protection of Competition “, which defines the legal basis of antitrust compliance, is examined.
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Avdasheva, S., and A. Shastitko. "Economic Analysis in Cases Settled According to the Law "On the Protection of Competition"." Voprosy Ekonomiki, no. 2 (February 20, 2011): 122–39. http://dx.doi.org/10.32609/0042-8736-2011-2-122-139.
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The article focuses on economic analysis in cases of violation of the Russian antimonopoly legislation. It presents quantitative characteristics of various tools of economic analysis, prescribed by the rules of analysis and assessment of competition, developed by the Federal Antimonopoly Service. They are based on a small sample of cases filed by the Russian competition authorities. Sources of demand for higher standards of economic analysis in cases of violation of antitrust laws are under consideration.
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Vovkivskaya, L. V., and E. V. Savostina. "Analytical review of judicial cases involving antitrust body." Russian competition law and economy, no. 4 (August 20, 2021): 90–93. http://dx.doi.org/10.47361/2542-0259-2020-4-24-90-93.
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Analysis of the arbitration court’s legal positions in cases of violation of antimonopoly legislation on the following issues: limitation period for the institution of administrative proceedings for merger deals, determining the dominant position of an economic entity, court actions against, Antimonopoly service warnings, administrative fines reductions, ways of proving anti-competitive agreements. Purpose: the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.
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Moskvitin, O. A., and I. P. Bochinin. "Practice of the Appeal Board of the Federal Criminal Service of Russia (scientific review of the most significant cases considered in the first quarter of 2020)." Russian competition law and economy, no. 2 (June 30, 2020): 106–10. http://dx.doi.org/10.32686/2542-0259-2020-2-106-110.
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In this review of the decisions of the Appeals Board of the Federal Criminal Service of Russia, the authors consider cases for the first quarter of 2020, containing legal positions important for maintaining uniformity of the law enforcement practice of antitrust authorities. Thus, the first of the cases considered shows the importance of observing the procedure for considering cases of violation of antitrust legislation, in particular, the procedure for forming a commission, the violation of which will lead to the annulment of acts of the territorial antitrust authority. In the second case, the Appeal Board of the Federal Civil Service of Russia addresses the question of the validity of concluding a state contract with a single supplier. The third solution considered addresses the always pressing problem of proving unfair competition.
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Blažo, Ondrej. "Directive on Antitrust Damages Actions and Current Changes of Slovak Competition and Civil Law." Yearbook of Antitrust and Regulatory Studies 8, no. 12 (2015): 259–72. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.12.
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Slovak competition law enforcement can be characterized by infrequency of leniency applications and near absence of private enforcement. As a result, the adoption of the Damages D irective is not likely to cause substantial breakthrough in Slovakia, be it with respect to the rate of leniency applications or in private enforcement. A comprehensive amendment of Slovak competition law took place in 2014. Changes introduced therein reflected, among other things, the practice of the European Commission regarding access to its file. A new approach was also introduced towards damages claims submitted against leniency applicants. The paper will first consider the question whether it is necessary to further redesign these new Slovak rules because of the adoption of the Damages Directive, or if they have been successfully pre-harmonized. Along with changes to Slovak competition law, procedural rules for civil courts were also re-codified. Hence the second part of this analysis will focus on the question if a new civil procedure framework, including obligatory harmonization, could foster private enforcement of competition law. Summarizing the resulting answers, the third question focuses on who could benefit from further changes to Slovak legislation – final consumers or enterprises that are involved in the production chain. Finally, will changes in Slovak legislation driven by the Directive be coherent with its overall legal system, or will they appear to be an odd and peculiar piece of legislation?
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Yaroshenko, Oleg M., Andrey M. Sliusar, Ivan P. Zhygalkin, and Galina O. Yakovleva. "Quality evaluation for recommendations of the antitrust regulator in the development of the legal system of Ukraine." Journal of the National Academy of Legal Sciences of Ukraine 28, no. 1 (March 24, 2021): 147–56. http://dx.doi.org/10.37635/jnalsu.28(1).2021.147-156.
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The formation of a competitive system in a country’s economy is always determined by the possibilities of using tools that stimulate development and form an independent picture for the external environment. In this regard, the study determines the efficiency of antimonopoly regulatory authorities in establishing the criteria and limits of regulation. At the same time, there are cases when antitrust regulation is understood primarily as a form of economic pressure on business entities. The novelty of the study lies in a new consideration of the limits of antitrust regulation. The authors demonstrate that antitrust regulation in its current capacity constitutes a form of limiting the growth of the company and is aimed primarily at reducing the dependence of the market on one stakeholder. The paper identifies the possibilities of additional consideration of the criteria for limiting antitrust regulation in the context of the formation of economic security of a business entity. The paper covers the aspects of determining the limits of state support of economic security of business entities. The practical significance of the study is determined by the need for a more practical harmonization of the legislation of the country with global business standards and a decrease in the level of regulation of the business environment, coupled with its protection from hostile takeovers. The study presents the structure of economic security assurance in the context of the economic system development
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Avdasheva, S. "Illegality of Tacit Collusion in Russian Antitrust Legislation: Could Economists Be Useful to Generate Legal Rules?" Voprosy Ekonomiki, no. 5 (May 20, 2011): 87–102. http://dx.doi.org/10.32609/0042-8736-2011-5-87-102.
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The article is devoted to antitrust policy towards tacit collusion as a form of coordination that restricts competition. Competing approaches to define tacit collusion, i.e. concerted practice and excessive monopoly price as an abuse of dominance, are compared. The evidence that allows to reject the hypothesis on concerted practice as a form of tacit collusion is discussed and compared with the criteria used by Russian antitrust authorities to consider practice as concerted. The standards of proof adopted leave the possibility for type I errors when actions of sellers which had no intention to restrict competition and/or coordinate the prices are qualified as illegal. Moreover, there is a possibility to qualify as illegal the actions that do not comply with the definition of concerted practice in the law "On protection of competition".
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Poch, Albert. "El juego de la prescripción en el ejercicio de acciones judiciales de reclamación de daños y perjuicios derivadas de ilícitos contra la competencia = Dealing with the statute of limitation in claims for damages arising out of antitrust infringements." CUADERNOS DE DERECHO TRANSNACIONAL 11, no. 2 (October 1, 2019): 727. http://dx.doi.org/10.20318/cdt.2019.5016.
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Resumen: La transposición al ordenamiento español de la Directiva 2014/104/UE, mediante Real Decreto-Ley 9/2017, ha supuesto un avance significativo en la regulación de la prescripción de las acciones de responsabilidad civil por daños derivados de infracciones antitrust. Pese a los innegables beneficios que, en términos de seguridad jurídica, introduce la nueva normativa, en el presente artículo se examinarán las dudas que actualmente persisten a raíz del régimen transitorio, así como la eventual inefectividad de la regulación de la prescripción prevista en el Código Civil, para resarcir a los perjudicados de una infracción antitrust ex artículo 101 y 102 TFUE.Palabras clave: aplicación privada, acciones de daños, Directiva de daños, prescripción, acciones follow-on, Cogeco.Abstract: The transposition into Spanish legislation of Directive 2014/104/EU, by Royal Decree-Law 9/2017, has made important progress in the regulation of the statute of limitation in actions for damages arising out of antitrust infringements. Despite the undeniable benefits that the new regulation has provided in terms of legal certainty, this article will examine the doubts that currently persist as a result of the transitory regime, as well as the eventual ineffectiveness of the regulation of the prescription provided in the Civil Code, in order to compensate the victims of an antitrust infringements ex Article 101 and 102 FTEU.Keywords: private enforcement, damages actions, damages Directive, statute of limitation, follow- on claims, Cogeco.
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Irakli, Tedoradze. "The Principle of Freedom of Contract, Pre-Contractual Obligations Legal Review English, EU and US Law." European Scientific Journal, ESJ 13, no. 4 (February 28, 2017): 62. http://dx.doi.org/10.19044/esj.2017.v13n4p62.
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The impregnable foreign policy of Georgia is to become a full and equal member of the world. Over the past decade the country has been actively trying to integrate into the European economy, to regulate and harmonize the legal space, which will help the state to become attractive both for the world community, as well as potential investors and significantly strengthen its position in the domestic economy. A step forward in this direction may be considered signing the EU association agreement. This event clears the way to Europe for the business of Georgia. Therefore, it is extremely important to establish the proven regulations of Europe and to develop the legal space in compliance with international standards. All of this, of course, require legislative changes within the country in terms of its development, improving and adaptation, especially civil, antitrust, antidumping and competition regulatory legislation.
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Francis, Daniel. "Exclusion, Invasion and Abuse: Competition Law and its Constitutional Context." Cambridge Yearbook of European Legal Studies 12 (2010): 183–224. http://dx.doi.org/10.1017/s1528887000001798.
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Abstract The orthodox view of antitrust, or competition, law is that it should be interpreted and enforced purely to maximise economic efficiency. This chapter argues that it is by no means so clear that the maximization of efficiency should be the sole aim of competition law, either as a matter of common-law tradition or as a matter of ‘original’ legislative intent. Moreover, such a narrow approach neglects the important social and political components and consequences of antitrust policy and adjudication. This chapter further argues that antitrust law exhibits a striking resemblance, in many ways, to constitutional law, in particular to the extent that it constitutes a social and political response, administered by courts, to three particularly problematic applications of power—the ‘exclusion, invasion and abuse’ of the title. The first section of the chapter introduces these themes. In the second section, the exclusion-invasion-abuse model is described and the implications of each broad type of rule are explored. In the third section, the historical development of modern antitrust law is traced in order to show that the ‘pure efficiency’ standard lacks any credible historical claim to particular authority or authenticity. The fourth and final section, a brief survey of competing normative accounts of antitrust law offers in order to demonstrate the extent to which a myopic focus on efficiency can occlude the underlying policy consequences of antitrust law and policy-making.
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Francis, Daniel. "Exclusion, Invasion and Abuse: Competition Law and its Constitutional Context." Cambridge Yearbook of European Legal Studies 12 (2010): 183–224. http://dx.doi.org/10.5235/152888712802636175.
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AbstractThe orthodox view of antitrust, or competition, law is that it should be interpreted and enforced purely to maximise economic efficiency. This chapter argues that it is by no means so clear that the maximization of efficiency should be the sole aim of competition law, either as a matter of common-law tradition or as a matter of ‘original’ legislative intent. Moreover, such a narrow approach neglects the important social and political components and consequences of antitrust policy and adjudication. This chapter further argues that antitrust law exhibits a striking resemblance, in many ways, to constitutional law, in particular to the extent that it constitutes a social and political response, administered by courts, to three particularly problematic applications of power—the ‘exclusion, invasion and abuse’ of the title. The first section of the chapter introduces these themes. In the second section, the exclusion-invasion-abuse model is described and the implications of each broad type of rule are explored. In the third section, the historical development of modern antitrust law is traced in order to show that the ‘pure efficiency’ standard lacks any credible historical claim to particular authority or authenticity. The fourth and final section, a brief survey of competing normative accounts of antitrust law offers in order to demonstrate the extent to which a myopic focus on efficiency can occlude the underlying policy consequences of antitrust law and policy-making.
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Tarkhova, Ksenia V., Vladislav I. Alifirov, and Olga N. Gorokhova. "The Evolution of Antitrust Regulation in Russia in Digital Era." Digital Law Journal 1, no. 4 (December 30, 2020): 38–55. http://dx.doi.org/10.38044/2686-9136-2020-1-4-38-55.
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The article includes a comprehensive analysis of changes that have been taking place in Russian antitrust enforcement in response to the digitalization of the economy. Digitalization has led to increase of the role of information and digital platforms in day-to-day business activities of the market players. Digitalization vanished geographical boundaries of the digital markets and modified market structures in general. Innovative technologies, big data, and intellectual property have become the key drivers of economic growth. The authors analyze new violations of antimonopoly legislation in the digital era (in particular collusive tendering using auction robots), the anticompetitive effects resulting from the use of pricing algorithms, and the first approaches of the antitrust authority to regulations of the algorithmic pricing. In addition, within the framework of this article, the first legal positions of the antitrust authority regarding the use of pricing algorithms, as well as the new approaches of the regulator to the analysis of digital markets in merger control are considered, taking into account such factors as network effects, big data and technologies. Moreover, the authors analyze the first practice of using the technology transfer as a remedy in merger control by the antitrust authority to mitigate anti-competitive effects of the transactions planned in the Russian market. Finally, the authors conduct an overview of the new legal provisions governing the mandatory pre-installation of applications by Russian developers, and also describe the background for this initiative. When considering the above topics, the authors deeply analyze the relevant Russian and foreign legislation, draft laws, and the law enforcement practice of the Federal Antimonopoly Service. New approaches of the regulator to the analysis of digital markets in the framework of antitrust investigations and merger control, as well as automation of the processes of detecting antitrust violations, demand more attention from market players. Companies are encouraged to take these trends into account in their business activities, reflect them in antitrust compliance programs, as well as implement additional measures to prevent potential antitrust violations in digital markets, in particular, committed with the use of pricing algorithms.
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Vlahek, Ana, and Klemen Podobnik. "Provisions of the Damages Directive on Limitation Periods and their Implementation in CEE Countries." Yearbook of Antitrust and Regulatory Studies 10, no. 5 (2017): 147–75. http://dx.doi.org/10.7172/1689-9024.yars.2017.10.15.8.
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The article analyses the provisions on limitation of antitrust damages actions set out in Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. It presents (draft) implementing legislation of CEE countries from the perspective of their general rules on limitation, and the problems the Member States have faced in the process of transposing the Directive into their national legal systems. Within that, focus is placed upon the analysis of the types of limitation periods, their length and their suspension or interruption. In addition, the authors present the effects of the new limitation regime on the balance between the interests of the claimants and of the defendants, as well as on the relation between public and private antitrust enforcement.
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Page, William H. "Interest Groups, Antitrust, and State Regulation: Parker v. Brown in the Economic Theory of Legislation." Duke Law Journal 1987, no. 4 (September 1987): 618. http://dx.doi.org/10.2307/1372525.
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Spiegel, Nico. "Multistate Conflicts in Antitrust Law: the American-Japanese Case." Journal of Interdisciplinary Economics 4, no. 4 (July 1992): 317–30. http://dx.doi.org/10.1177/02601079x9200400403.
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Accusations of unfair behaviour in the field of antitrust law have been at all times on the agenda of American-Japanese conflicts. There is a continuous battle in the court rooms and on political forums about the range of application of American antitrust provisions. Japanese as well as European enterprises are confronted with a more and more aggressive and far-reaching assertion of American jurisdiction, even on acts commited outside the United States. This article sketches the development of the position adopted by the American courts and its legal backgrounds, presenting some leading cases. It describes the conflict of jurisdiction opposing the United States by its most important trade partners. This political and economic conflict represents a special virulence in the American-Japanese relationship. In spite of the textual similarities of the American and Japanese antitrust statutes there are striking differences in the practical attitude towards their enforcement. This paper outlines these differences and tries to explore their reasons. Finally, the author presents various attempts to bridge the gap between the American and the Japanese antitrust practice. A solution for the legal and political dispute requires on both sides responsible, conflict-avoiding legislative and judicial behaviour.
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Gurkov, Alexander. "The Second-Look Doctrine in Russian Arbitrazh Courts." Review of Central and East European Law 38, no. 3-4 (2013): 389–402. http://dx.doi.org/10.1163/15730352-00000009.
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This article provides a brief description of the second-look doctrine and an analysis of its implications for the Russian legal system in terms of legislation, case law, and doctrine. It contains a review of existing judgments by Russian Arbitrazh courts on the issue, with an analysis of the courts’ reasoning with regard to the effects of the secondlook doctrine. The article ends by noting that Russian law allows for two different interpretations—minimalist and the mixed—of the doctrine. These approaches require a different standard for court review of arbitral awards involving antitrust matters.
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Shapiro, Carl, and Robert D. Willig. "On the Antitrust Treatment of Production Joint Ventures." Journal of Economic Perspectives 4, no. 3 (August 1, 1990): 113–30. http://dx.doi.org/10.1257/jep.4.3.113.
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The U.S. Congress is currently considering several bills to alter the antitrust treatment of collaborative production activities among rival firms. This paper sketches the tradeoffs involved in altering U.S. antitrust treatment of joint venture production activities among rival firms. This requires understanding the nature, benefits, difficulties and dangers to competition of production joint ventures; identifying their degrees of prevalence in the U.S. and elsewhere; summarizing the current antitrust treatment of joint ventures; and analyzing the interactions between U.S. competitiveness and antitrust treatment of production joint ventures. We discuss these topics below, after which we assess some proposed alterations to the antitrust treatment of production joint ventures. We conclude that current antitrust law and enforcement policy with regard to production joint ventures are working quite well and hardly can be considered a hindrance to innovation or “competitiveness.” We support some modest changes in antitrust law that may serve to encourage pro-competitive joint production ventures, but we do not endorse the more sweeping legislative changes by Jorde and Teece in this issue.
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Belyay, Vladislav. "Legal means of antimonopoly regulation of entrepreneurial activity. Responsibility for violation of antitrust laws." Advances in Law Studies 8, no. 3 (November 29, 2020): 41–45. http://dx.doi.org/10.29039/2409-5087-2020-8-3-41-45.
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The aim of this legal research is to analyze the legal means of antimonopoly regulation of entrepreneurial activity. In the course of the study, it was possible to find a number of problems in the use of legal means of antimonopoly regulation of entrepreneurial activity, as well as in the area of bringing to administrative responsibility for violation of antimonopoly legislation. To solve the above problems, the author suggests:
1. For a more effective fight against the abuse of a dominant position, it is necessary to apply tools of risk-oriented control 2. Create a mechanism for coordinating the actions of law enforcement agencies and antimonopoly authorities to identify the most dangerous offenses in the field of antimonopoly regulation. 3. Create a separate procedure for legal regulation of bringing to administrative responsibility for violation of antimonopoly legislation, separating these norms from the Code of Administrative Offenses of the Russian Federation into the current law on the protection of competition.
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Réger, Ákos, and András M. Horváth. "Abuse of Dominance in the Case-law of the Hungarian Competition Authority – a Historical Overview." Yearbook of Antitrust and Regulatory Studies 12, no. 21 (2020): 99–128. http://dx.doi.org/10.7172/1689-9024.yars.2020.13.21.4.
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This paper provides a historical overview of the case-law and practices applied by the Hungarian Competition Authority (HCA) in abuse of dominance cases. The paper is co-written by practitioners of complementing antitrust fields, which ensures that both legal and economic considerations are explored. The paper identifies the unique characteristics of Hungarian legislation and case-law and critically evaluates them in light of EU competition law and economics principles. We analyse (i) the reasons for the high number of exploitative cases before 2010, (ii) the general principles applied by the HCA in exclusionary cases, (iii) the cost allocation assessments in dominance cases, and (iv) the issue of significant market power of retailers. The general starting point is that, judging by the number of dominance investigations, there is less antitrust enforcement by the HCA in recent years. However, the article concludes that less enforcement does not mean weaker enforcement. In fact, the quality of dominance cases, considering both legal and economic aspects, has increased over time. This tendency has also led to higher legal certainty in Hungary, which is beneficial for market players. Stronger criticism is only formulated against the concept of significant market power of retailers.
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Vovkivskaya, L. V., and E. V. Savostina. "Analytical review of antitrust judicial practice (second half of 2019)." Russian competition law and economy, no. 4 (December 30, 2019): 74–77. http://dx.doi.org/10.32686/2542-0259-2019-4-74-77.
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The review contains an analysis of the legal positions of the arbitration courts of the Russian Federation in cases of violation of the antimonopoly legislation regarding the consideration of the following issues: the primacy of antimonopoly control in relation to entities holding a dominant position; creation by the customer of unequal conditions for the participation of persons in procurement; inaction of the authority, leading to restriction of competition; creating benefits for a particular business entity during the procurement; repetition when brought to administrative responsibility. The purpose of the analytical review is the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.
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Hutchinson, Christophe S., and Maria A. Egorova. "Potential Legal Challenges for Blockchain Technology in Competition Law." Baltic Journal of Law & Politics 13, no. 1 (June 1, 2020): 81–107. http://dx.doi.org/10.2478/bjlp-2020-0004.
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Abstract Since decentralized organizations such as blockchain are not recognized as legal persons, questions arise regarding the ability to detect anti-competitive practices and their perpetrators. Under certain circumstances, if a competitor is unreasonably refused in access to technology, it may well be interpreted as creating an obstacle to his/her entry into the market, which may constitute a violation of the legislation of a country on the protection of economic competition. The exchange of information between players of the same market can present antitrust risks if it helps to fix prices for their products/services or to establish other forms of coordination between such players. The purpose of this study is to provide a description of current EU anticompetitive practices in the field of blockchain-technologies application, as well as to identify challenges in the EU antitrust law related to the emergence of blockchain. This article highlights the challenges blockchain poses for analyzing unilateral anti-competitive practices. This study suggests that EU competition law has a lack of operational and measurement tools to map competitive interactions taking place outside the relevant market, which could lead to rather short-sighted competition law enforcement focusing only on horizontal competition restrictions on relevant markets. The relevance of the topic is associated with the fact that the increased popularity of the use of blockchain technology requires an answer to the question of its legal nature and inclusion in the legal field in order to balance the interests of all parties to economic and legal relations.
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Podobnik, Klemen. "Geo-blocking Regulation: Antitrust or Consumer Protection?" Baltic Yearbook of International Law Online 18, no. 1 (December 13, 2019): 194–207. http://dx.doi.org/10.1163/22115897_01801_011.
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The author attempts to show that the seeming absorption of a large-scale, general geo-blocking prohibition in the field of competition law (antitrust) is unsystematic, and can negatively influence the further development of European competition law and policy and related goals. The positive implications of the GBR regime in the area of consumer protection law (and for trade regulation as such) are not negated. The author, however, attempts to underscore the fact that, in certain constellations, legislative instruments should be very clearly designated, their nature and scope concisely labelled. Formal oversights, such as omission of clear denominations or even plain wrong designations can – in certain circumstances – lead to functional consequences. For this reason the author stresses the view that the GBR is a legislative instrument of market regulation and consumer protection and has no real appreciable link to antitrust.
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Bush, Darren. "Consumer Welfare Theory as an Ethical Consideration:: An Essay on Hipsters, Invisible Feet, and the “Science” of Economics." Antitrust Bulletin 63, no. 4 (December 2018): 509–28. http://dx.doi.org/10.1177/0003603x18815001.
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This article outlines the principle of efficiency as taken from physics and misapplied into the realm of economics. The result of the misapplication has been a narrow view of antitrust policy, culminating in an extremely conservative application of the consumer welfare standard. The result of such policy has been increasing concentration in many industries, abdication of any examination of monopoly power in the context of Section 2 of the Sherman Act, and dogmatic defense of “consumer welfare” as the only scientific approach to antitrust law. Part II reviews of the original goals of antitrust, as viewed without the lens of present-day economic efficiency. These are policy goals as described in legislative history and judicial development of common law. As such, they are ethical considerations distinct from consumer welfare. In part III, the article discusses the central tenets of economics in antitrust policy. These central notions are policy considerations that are misapplications of physics. Part IV discusses the physics definition of efficiency, with some insights as to the issues arising from adopting such a standard in terms of antitrust markets. Part V addresses the failures of antitrust using the lens of physics, explaining that consumer welfare is an ethical argument, not a scientific one. Part VI addresses other potential ethical standards for antitrust enforcement, as well as empirical evidence that support such norms. Part VII offers concluding thoughts where the article argues that there are superior ethical norms that would boost antitrust enforcement and that are consistent with the goals of antitrust.
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Kaczmarek, Sarah C., and Abraham L. Newman. "The Long Arm of the Law: Extraterritoriality and the National Implementation of Foreign Bribery Legislation." International Organization 65, no. 4 (October 2011): 745–70. http://dx.doi.org/10.1017/s0020818311000270.
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AbstractCan the application of domestic law by bureaucracies in powerful states alter policy dynamics globally? Courts and regulatory agencies with jurisdiction over large markets routinely impose national rules to conduct transpiring outside of their physical borders. Such extraterritoriality has expanded to issues ranging from antitrust to the environment. Proponents claim that extraterritorial acts can have far-reaching international consequences, spilling over into the domestic political economy of regulation in target states. Skeptics, however, question the effects of these sanctions against internationally mobile actors. In this study, we offer the first quantitative analysis of extraterritorial intervention for global policy convergence. In particular, we construct an original time-series panel data set to test the association between extraterritorial actions by U.S. prosecutors and the national enforcement of foreign bribery regulations in target countries. Our empirical analysis finds strong statistical evidence linking extraterritoriality to national policy implementation, with jurisdictions that experienced a U.S. intervention being twenty times more likely to enforce their national rules. The findings suggest the important influence that domestic law in powerful states may have for global cooperation in general and sheds light on the key pillars of international anticorruption efforts in particular.
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GONÇALVES, Everton Das Neves, and Bruna Pamplona de QUEIROZ. "A APLICAÇÃO DA TEORIA DA FAILING FIRM DEFENSE NO BRASIL." Percurso 2, no. 29 (April 3, 2019): 1. http://dx.doi.org/10.21902/revpercurso.2316-7521.v2i29.3486.
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RESUMO O presente artigo, por meio de método de abordagem dedutivo e, como auxiliar, o comparativo, bem como procedimento de análise bibliográfica e jurisprudencial, pretende demonstrar que a teoria norte-americana da Failing Firm Defense encontra aplicação no atual cenário de crise brasileira, ao possibilitar a aprovação de certos atos de concentração, normalmente, reprováveis ou sujeitos às restrições, pelo Órgão de proteção à concorrência, em razão da função social da empresa. Para isso, são estabelecidos determinados critérios encontrados nos precedentes e no Horizontal Merger Guidelines dos Estados Unidos que servem de base ao CADE à utilização da teoria em seus julgados, ainda que necessária a adaptação à realidade econômica do País. PALAVRAS-CHAVES: Direito Econômico; Antitruste; Concorrência; Legislação Falimentar; Crise; Failing Firm Defense. ABSTRACTThe present article, through the method of deductive approach and, as auxiliary, comparative, as well as the process of bibliographical and jurisprudential analysis, the proposals that demonstrate the American theory of the Defense of Low Companies, are in Increasing probability of competitions, normally reprehensible or subject to restrictions, by competition law, because of the social function of the company. The horizontal merger guidelines of the United States of America are not based on the United States Horizontal Fusion Guidelines. KEYWORDS: Economic Law; Antitrust; Competition; Bankruptcy Legislation; Crisis; Failing Firm Defense.
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Dzino, Naida, and Catalin S. Rusu. "Public Enforcement of EU Antitrust Law: A Circle of Trust?" Review of European Administrative Law 12, no. 1 (September 13, 2019): 127–54. http://dx.doi.org/10.7590/187479819x15656877527214.
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The concept of trust is key to effectively enforcing the EU antitrust prohibitions in the ECN multi-level administration context. The manifestation of this concept is identified at different stages of the public enforcement system, where the Commission and the NCAs share the enforcement workload and assist each other's actions. Various EU legislative, soft-law and case-law landmarks have progressively contributed to developing this idea of trust, culminating with the adoption of Directive 2019/1, which aims to render NCAs as more effective enforcers of Articles 101 and 102 TFEU. In this paper, we intend to determine whether the Directive furthers the trust already established in the last fifteen years of enforcement experience. We first track the development of the trust in the NCAs' EU antitrust enforcement work and assesses the building-blocks on which trust is shaped. Next, we evaluate the Directive's core elements (dealing with institutional design, enforcement and sanctioning powers, leniency, mutual assistance, etc.), in order to gauge their trust-enhancing potential, and to test whether the Directive correctly follows through the EU hard-, soft-, and case-law. We also look into any remaining enforcement gaps, which may undermine the trust between the European antitrust enforcers, and consequently the Directive's core objectives.
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Vovkivskaya, L. V., and E. V. Savostina. "Analytical review of judicial cases considered with the participation of an antimonopoly body." Russian competition law and economy, no. 1 (March 30, 2020): 92–95. http://dx.doi.org/10.32686/2542-0259-2020-1-92-95.
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The review contains an analysis of the legal positions of the arbitration courts in cases of violation of the antimonopoly legislation regarding the consideration of the following issues: an order of the antimonopoly body on transferring to the budget the income received as a result of violation of the antimonopoly law; non-payment of services received under the contract as an abuse of a dominant position; trust agreement as a condition for the admissibility of an anti-competitive agreement; claims of the antimonopoly body on forcing an economic entity to comply with the instructions of this body.Purpose: the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.
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Youngsu Shin. "Effects and Limitation of American Antitrust Law as a Legislative Model." KYUNGPOOK NATIONAL UNIVERSITY LAW JOURNAL ll, no. 27 (December 2007): 317–44. http://dx.doi.org/10.17248/knulaw..27.200712.317.
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Chawla, Twinkle, and Ruchi Verma. "Pay for Delay Agreements: Antitrust Watch Intensifies." Journal of National Law University Delhi 5, no. 1 (July 2018): 22–39. http://dx.doi.org/10.1177/2277401718787952.
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The pharmaceutical sector has constantly endeavoured to balance its dual objectives of promoting state-of-art innovation and achieving affordable healthcare for all. The contrasting aims are also germane to the inevitable conflict between the competition law and the patent law with respect to this sector. Reverse payment settlement is one such concept that lies at the cross-section of these two legislations and strangely offers an uncanny mechanism where extreme partisans (i.e., innovator and generics) become comrades, thereby prodding genuine concerns and exposing legal vulnerabilities of such agreements. Against this backdrop, this article seeks to examine the growing undercurrent re reverse payment settlement agreements from a competition law perspective. In an attempt to harmonize the conflicting policy objectives, it will study the interplay between patent law and competition law by placing reliance on the approach followed by other jurisdictions. Further, this article will also assess whether reverse payment settlement agreements fall within the statutory construct of the Competition Act, 2002 and whether the Competition Commission of India (“CCI”) can assert its jurisdiction over such agreements. An attempt is also made to outline the approach which the CCI could adopt, bearing in mind the importance of ensuring exclusivity as an incentive for innovation.
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Carbonai, Davide. "Board interlocking network in the Brazilian stock market. A hypothesis on the conflicting manager." Journal of Governance and Regulation 8, no. 1 (2019): 75–81. http://dx.doi.org/10.22495/jgr_v8_i1_p6.
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Brazilian law establishes a set of provisions regarding the defense of competition, usually with a dissuasive effect on the conflicting performance of the multi-company manager. However, research highlights that practices such as interlocking directorates (i.e., interconnected directorates with board members operating in multiple companies) are widespread, especially in the stock market. The present article explores this paradox by analyzing a social network of 347 Brazilian listed companies. An E-I (external-internal) index and a permutation test are used to verify the occurrence of direct and indirect intermediation within and among economic sectors. The paper advances towards a hypothesis on the effectiveness of the Brazilian antitrust legislation.
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Gajin, Dragan. "What’s New in Western Balkans?" Yearbook of Antitrust and Regulatory Studies 11, no. 18 (2018): 285–96. http://dx.doi.org/10.7172/1689-9024.yars.2018.11.18.11.
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Western Balkan jurisdictions (Serbia, Montenegro, Bosnia and Herzegovina, and Macedonia (FYROM)) are often outside the focus of the competition community in the EU. This paper aims to rectify that, by providing an overview of the most interesting competition law developments in these jurisdictions during 2017. The overview will show that, despite similarities in their competition legislation, the observed jurisdictions differ when it comes to their priorities in competition law enforcement: while for some the accent is on merger control, for others it is on antitrust. The paper also highlights certain peculiarities of the observed jurisdictions, even though they are all based on the EU model. These include the existence of a notification system with respect to individual exemptions of restrictive agreements in three out of the four observed jurisdictions.
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Vaheesan, Sandeep, and Frank Pasquale. "The Politics of Professionalism: Reappraising Occupational Licensure and Competition Policy." Annual Review of Law and Social Science 14, no. 1 (October 13, 2018): 309–27. http://dx.doi.org/10.1146/annurev-lawsocsci-112116-014728.
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Elite economists and lawyers contend that occupational licensure raises consumer prices and unemployment. Billed as a bipartisan boost to market competition, this technocratic policy agenda rests on thin empirical foundations. Studies of the wage effects of licensing rarely couple this analysis of its putative costs with convincing analysis of the benefits of the professional or vocational education validated via licensure. While some licensing rules may be onerous and excessive, licensing rules are inadequate or underenforced in other labor markets. Furthermore, by limiting labor market entry, occupational licensing rules, like minimum wage and labor laws, can help stabilize working- and middle-class wages. Although current antitrust law provides an ideological framework for technocratic attacks on licensing, it is fundamentally unsuited for evaluation of labor markets. Contemporary antitrust law's arcane concept of efficiency reflects neither the legislative objectives animating the antitrust statutes nor popular understanding of what competition policy should do.
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Кубанцев, Сергей, and Sergey Kubantsev. "PUBLIC LAW MEANS AGAINST THE UNFAIR COMPETITION: ASPECTS OF RUSSIA AND THE USA." Journal of Foreign Legislation and Comparative Law 3, no. 4 (August 23, 2017): 120–24. http://dx.doi.org/10.12737/article_598063fb57bee8.78143508.
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The issues of the legal regulation of social relations in the sphere of counteraction of unfair competition are raised in present article. The author outlines the legislative tools which are used in Russia and the United States for the regulation of liability for such acts. Also the author identifies the similar and different ways of legal regulation of these social relations. In this context the most relevant fact is the fact that the legal regulation of these issues in the United States started in the beginning of XX century, and the Russian legislator started to learn them only in the end of XX century.
The purpose of the present article is to study the antitrust laws of Russia and the USA; to identify the features of the historical development of legal provisions in this field; to make a comparison of the administrative and penal sanctions on persons violating the rules of fair competition, but not only in a view of the responsibility, but in context of the prevention of such offences; to make a comparative analysis of definitions and levels of responsibility for violations in this sphere.
The set of general scientific and private scientific methods of cognition were used during preparing of this article: the dialectical method, the method of analysis and synthesis, logical method, method of comparative law, sociological, historical, formal-logical and other scientific methods. The study was made not only on the basis of the standard manual but also the case law of the higher judiciary.
At the end of the study the author comes to the conclusion on necessity of the improvement of legislation in the field of counteraction of unfair competition, in particular in the direction of the creation of the criminal liability institute for legal persons in Russian legislation and the development of the concept of penetration under the corporate veil in the public legal sectors.
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Mikelėnas, Valentinas, and Rasa Zaščiurinskaitė. "Quantification of Harm and the Damages Directive: Implementation in CEE Countries." Yearbook of Antitrust and Regulatory Studies 10, no. 5 (2017): 111–31. http://dx.doi.org/10.7172/1689-9024.yars.2017.10.15.6.
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Quantification of harm is regarded as one of the most significant obstacles for the full compensation of harm and development of private enforcement within the European Union, including CEE Member States. Consequently, the Damages Directive establishes general rules and requirements for the quantification of harm, such as a rebuttable presumption of harm in case of cartels, the power of national courts to estimate harm as well as others, which closely interact with the principle of full compensation emphasized by the case-law of the European Union and directly established in the Damages Directive. The main focus of this paper is the effectiveness of the rules on the quantification of harm in general, and how these rules will contribute to the development of private antitrust enforcement in CEE Member States. Therefore, one of the issues to be discussed in the paper is the analysis of how, and to what extent specific rules and requirements for the quantification of harm have been transposed into the national legislation of CEE Member States. As certain CEE national jurisdictions have had certain rules for the quantification of harm already before the implementation of the Damages Directive, the paper analyses how effective these rules have been, and how much they have contributed to the development of private antitrust enforcement of those CEE national jurisdictions. Previous experience of those CEE Member States in applying specific rules for the quantification of harm is important, in order to assess the possible impact of the newly introduced rules on the quantification of harm and on private antitrust enforcement in general in other CEE Member States. The rules for the quantification of harm will not enhance private antitrust enforcement on their own, however, their effective application by national courts together with other rules under the Damages Directive should contribute to a quicker development of private enforcement in CEE Members States.
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GONÇALVES, Everton Das Neves, and Amanda Karolini BURG. "A INSTITUIÇÃO DO CONTROLE PRÉVIO E A ALTERAÇÃO DOS CRITÉRIOS PARA SUBMISSÃO DE ATOS DE CONCENTRAÇÃO PERANTE O CONSELHO ADMINISTRATIVO DE DEFESA ECONÔMICA: COMPARAÇÃO ENTRE OS CENÁRIOS ANTERIOR E POSTERIOR À LEI N.º 12.529/2011." Percurso 2, no. 29 (April 3, 2019): 112. http://dx.doi.org/10.21902/revpercurso.2316-7521.v2i29.3491.
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RESUMOO presente artigo visa descrever as principais alterações trazidas pela Lei n.º 12.529/2011 ao controle estrutural da concorrência no Brasil, quais sejam, a modificação dos requisitos para submissão e a implantação do modelo de controle prévio dos atos de concentração. Para tanto, são apresentados: (i) noções acerca da atuação preventiva (estrutural) do CADE, (ii) distinções entre os modelos de controle sob a égide das Leis n.º 8.884/1994 e n.º 12.529/2011, (iii) critérios para submissão das concentrações sob a perspectiva de ambas as legislações, e (iv) dados quantitativos anteriores e posteriores à reforma. Trata-se de pesquisa qualitativa exploratória, de procedimento monográfico, de abordagem indutiva e técnica de pesquisa bibliográfica. A partir dos autores e dados apresentados, conclui-se que a atuação do Cade, a partir da entrada em vigor da nova legislação antitruste, foi substancialmente modificada, de modo a se tornar mais dinâmica e eficiente. PALAVRAS-CHAVE: Controle Estrutural; Atos de Concentração; Lei N.º 12.529/2011; Lei N.º 8.884/1994; Conselho Administrativo de Defesa Econômica. ABSTRACTThis paper aims to describe the main changes introduced by the Brazilian law 12.529 of 2011 in the merger control, namely, the modification of the submission requirements and the implementation of an “a priori” merger control model. The following topics are studied: (i) notions about the preventive action of Brazilian Administrative Council of Economic Defense; (ii) distinctions between the merger control models under the Brazilian laws 8.884 of 1994 and 12.529 of 2011; (iii) criteria for submitting concentrations under the perspective of both legislations, and (iv) pre and post-reform quantitative data. This is a qualitative exploratory research, with a monographic procedure method, an inductive investigate methodology and a bibliographic research technique. From the authors and data presented, it is concluded that the activities of Brazilian Administrative Council of Economic Defense, since the entry into force of the new antitrust legislation, have been substantially modified in order to become more dynamic and efficient. KEYWORDS: Merger Control; Concentration Act; Brazilian Law 12.529 of 2011; Brazilian Law 8.884 of 1994; Brazilian Administrative Council of Economic Defense.