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Dissertations / Theses on the topic 'Competition law'
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Ong, Burton T. E. "Competition law and the common law of unfair competition." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:0bcf048f-12a6-495d-a7ae-66b307d296df.
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Competition between trade rivals in a marketplace operating within a common law-based legal system is regulated primarily by two fairly distinct branches of the law: the prohibitions against anti-competitive conduct imposed by the competition law framework, and the common law restraints against acts of “unfair competition” that attract liability under the economic torts. This dissertation aims to critically examine both these legal frameworks and provide an integrated account of how these branches of the law distinguish between lawful and unlawful modes of competitive conduct. By scrutinising the doctrinal and policy foundations that underlie each of these legal frameworks, common thematic strands that may not be immediately apparent to lawyers working exclusively in either field will be exposed, while fundamental differences between their respective inner workings will also be uncovered in the process. Engaging in such a comparative exercise will facilitate a deeper understanding of the contrasting objectives and jurisprudential approaches associated with each legal framework which, in turn, sheds some light on the nature of their relationship with each other and the extent to which legal developments in one field ought to influence, or be influenced by, the other. Besides evaluating how and why the common law economic torts operate differently from the competition law prohibitions in circumscribing the liberty of individual competitors to inflict economic harm upon their trade rivals, this dissertation will also analyse selected types of commercial conduct which are regarded as lawful under one framework but unlawful by the other, and contrast them with scenarios which could attract overlapping legal liability under both legal frameworks. In addition, this dissertation will explore a selection of legal issues arising from the doctrinal interaction between these areas of the law that may confront the courts as these two legal frameworks continue to develop in tandem with each other.
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Glader, Marcus. "Innovation markets and competition analysis : EU competition law and US antitrust law /." Lund : Faculty of Law, Lund Univ, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/476526825.pdf.
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Hrle, Jelena. "International arbitration and competition law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64281.pdf.
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Pinto, Carlo. "Tax competition and EU law." [S.l. : Amsterdam : s.n.] ; Universiteit van Amsterdam [Host], 2002. http://dare.uva.nl/document/65841.
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Hrle, Jelena. "International arbitration and competition law." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30305.
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Arbitrating of competition law claims has generated a substantial tension between the policies served by promoting international arbitration and those protected by the national competition law. Despite the legal tension and unpredictability associated with arbitrating competition law issues, the arbitrator should, in principle, resolve such issues. This study analyses the main concerns when arbitrating competition law issues, such as jurisdiction, choice of law and, in particular, the position of national jurisdiction regarding the enforcement of the award conflicting national competition law.This study proposes the functional approach to choice of law problems according to which the arbitrator will decide on the applicable competition law bearing in mind the content of mandatory norm, its connection with a dispute and the consequences of its application and non-application. In that regard, this thesis will examine how an arbitrator should address the extraterritorial effect of the competition law. The study will suggest that if the competition law policies of states connected with a dispute serve opposing and conflicting goals, the arbitrator should, in order to preserve his/her neutral function refuse to decide whose competition policy is "better" and should consequently decline jurisdiction.
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Sage, Ewelina D. "Community competition law of multimedia." Thesis, University of Oxford, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.431019.
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Nghishitende, Kaulikalelwa N. "Competition law : the legal precedent of the Wal-Mart case on competition law development in Namibia." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12891.
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Includes bibliographical references.This dissertation paper is based on the decision of the Wal-Mart cases in respect to competition law, mergers and acquisition in Namibia. Owing to the fact that Namibian law is mostly derived from South African law, the exploration and analysis will be based on both Wal-Mart cases in Namibia and South Africa in respect of the subject matter with specific particularity on the significance of the court’s judgment to competition law development in Namibia. The paper will also contain an exposition of the High Court and Supreme Court’s judgment in Namibia as well as the judgment of the South African Court on the same subject respectively. This is aimed at providing an in-depth understanding of the approaches taken by the two courts with respect to mergers and also to derive guidelines from the interpretation of the court in South Africa owing to the fact that the court in South Africa has successfully and efficiently dealt with the same issues many times compared to the Namibian courts. The guidelines that will be looked at will be based on how the courts in Namibia and South Africa have applied and interpreted the provisions within the Act pertaining to statutory granting or refusal of mergers in the sphere of competition law with specific reference to the question of public interest. An analysis on the respective judgments will be provided.
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Al, Badwawi Saif Ahmad. "Does the new competition law ensure fair competition in the UAE?" Thesis, Southampton Solent University, 2013. http://ssudl.solent.ac.uk/3487/.
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Competition law has become an important legal tool as it plays a significant role in preventing different forms of anti-competitive behaviour and ensures fair competition in the market. For this purpose, the United Arab Emirates has adopted its first comprehensive competition law, named “UAE Federal Law No. 4 of 2012 Concerning Regulating Competition”, to be enforced from 23rd February 2013. The law contains 33 Articles regulating competition in all commercial sectors. This research aims to investigate the UAE competition law in order to answer the main question, which is to what extent does the new law ensure fair competition in the commercial field of the country. It examines the flaws and drawbacks in the competition law and the enforcement mechanism. The research suggests the reforms required to improve the law and the way this could be accomplished. In order to answer the main question, the research applies two main methods, which are the black letter approach and the socio-legal approach. In addition, the research will employ the interview approach. Different issues were found in the UAE competition law in the areas of anti-competitive agreements, abuse of dominant position, mergers and acquisitions, state aid, and enforcement. The findings demonstrate that evidence exists of anti-competitive behaviour in the market, such as monopolistic practices and abuse of dominant position. Furthermore, there is evidence of inadequate implementation of the law against many market players, such as state-owned undertakings. From the findings, the role of the Competition Regulation Committee seems to be weak and inadequate, and there are some conflicts with the role and the Ministry of Economy. Some recommendations have been suggested for policy reform and enhancement of the law and its upcoming regulations. It is hoped that the findings of this research will provide a framework for the UAE and the countries in the region that seek to have more competitive markets. This study is the first to address the competition law of the UAE, thus this study contributes to the understanding of the law and its application, and it is hoped it will add to knowledge in the field of competition law. Furthermore, based on the evidence, the research concludes by suggesting a number of implications and potential future research avenues.
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Ferreira, Laura Cristhina Fiore. "The effectiveness of Brazilian competition law." Thesis, University of Warwick, 1998. http://wrap.warwick.ac.uk/2578/.
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Attempts to regulate competition in Brazil have been made since the early 1960s without much success. However, with the adoption of trade liberalisation measures in the early 1990s, competition has gradually been regarded as an essential element of the process of liberalisation of the economy, and thus efforts have been made to develop and enforce competition law and policy. This thesis describes and evaluates competition law in Brazil during this last period. It critically analyses the legislation, the practices of enforcement agencies and the relevant case law. Emphasis is given to the study of cases which involve restrictive business practices as well as mergers, and which have been decided at the administrative level. This thesis highlights four main points: 1) developing countries should try to develop their own approach to competition law, and avoid adopting models created in other countries that reflect another reality; 2) competition legislation must define the approach to be adopted in the implementation of competition law in order to avoid uncertainty in the market; 3) a well structured institutional framework is necessary for the enforcement of competition law and policy; and 4) competition policy should be part of a coherent set of economic policies adopted by the government. The conclusion of this thesis is that competition policy in Brazil has not yet produced significant results. Factors that undermine competition policy in Brazil are the system for the enforcement of the law, the lack of coherence in case law, and changes in economic policy. On the other hand, there has been some progress: the legislation covers the main aspects of competition; the performance of enforcement agencies is improving; these agencies are co-ordinating their enforcement practices; and there is growing awareness among economic actors in Brazil that competition is desirable and should be protected.
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McCahery, Joseph. "Regulatory competition, economic regulation, and law." Thesis, University of Warwick, 1997. http://wrap.warwick.ac.uk/34750/.
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One often meets the view that economic regulation should be understood in terms of Pareto efficiency. Economic theories of law have traditionally focused on concepts such as market failure, efficiency, and inefficiency. Proponents assume that under the conditions of perfect competition, rational economic actors will enact courses of action that tend to induce Pareto outcomes. The idea of perfect competition means that markets which are competitive will induce efficient outcomes. The perfect competition approach has focused on the conception of market failure as the foundation for designing regulatory policy. Until recently, lawyers overwhelmingly relied upon a model of economic contract, developed over the last two decades in law and economics, as a normative structure to guide efficient decision-making.
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Nazzini, Renato. "Competition law remedies and concurrent proceedings." Thesis, University College London (University of London), 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.417854.
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Salord, Alban Olivier. "Joint ventures and European competition law." Thesis, University of Reading, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.269753.
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Carugati, Christophe. "Competition law and economics of big data : a new competition rulebook." Thesis, Paris 2, 2020. http://www.theses.fr/2020PA020003.
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Cette thèse aborde les enjeux du Big Data en droit de la concurrence en trois chapitres. Le chapitre un propose de nouveaux outils économiques pour définir le marché pertinent et le pouvoir de marché dans l’économie axée sur les données. Il soutient la nécessité de réformer le marché pertinent et le pouvoir de marché en considérant de nouveaux outils et un ensemble de facteurs à prendre en compte pour le pouvoir de marché. Le chapitre deux propose de nouvelles analyses économiques et juridiques pour des fusions et pratiques anticoncurrentielles axées sur les données. Il étudie les sujets de premiers plans relatifs à l’intégration de la vie privée dans l’évaluation des fusions et pratiques antitrust, les ententes par algorithmes et les fusions préventives. Il soutient la nécessité d’intégrer la vie privée dans toutes les affaires de fusions et de pratiques anticoncurrentielles liées aux données puisque les données impliquent nécessairement des questions relatives à la vie privée et à la protection des données. Finalement, le chapitre trois propose de réguler l’économie numérique. Il démontre que l’économie est très concentrée et que les marchés ne peuvent pas corriger par eux-mêmes les défaillances du marché. Il analyse les recommandations émanant des rapports commissionnés par les gouvernements (Furman et al, Crémer et al, Schallbruch et al, ACCC report et Stigler report) et il discute et envisage d’autres propositions originalesThis thesis addresses Big Data issues in competition law in three chapters. Chapter one proposes new economic tools to define the relevant market and the market power in the data-driven economy. It argues the need to reform the relevant market and the market power by considering new tools and a menu of key features relevant to the market power. Chapter two proposes new law and economics analysis for data-driven antitrust and merger practices. It considers debated topics related to the integration of privacy in the assessment of antitrust and merger practices, algorithmic collusion and pre-emptive mergers. It argues the need to integrate privacy in any data-driven antitrust and merger practices as data imply necessarily privacy and data protection issues. Finally, chapter three proposes to regulate the digital economy. It demonstrates that the economy is highly concentrated and that the markets cannot correct themselves market failures. It analyzes recommendations from the government reports (Furman et al, Crémer et al, Schallbruch et al, ACCC report, and Stigler report) and It proposes and discusses other original proposals
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Costa-Cabral, Francisco. "Intent in EU competition law : the judical assessment of anti-competitive strategies." Thesis, King's College London (University of London), 2014. https://kclpure.kcl.ac.uk/portal/en/theses/intent-in-eu-competition-law(2d6172dd-fddc-47eb-859c-f27961e4e738).html.
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This research will investigate whether intent plays a role in the application of Articles 101 and 102 TFEU and, if so, whether such role is subordinate to effects or has an autonomous normative character. The methodology for answering this question will start by defining intent under EU competition law. It will be argued that actions by undertakings are interpreted as those of rational agents. This will show that the notion of ‘subjective intent’ and its separation from objective behaviour are misguided. The role of intent will then be analysed with reference to EU competition law goals. Insofar as those goals are understood as purely consequentialist, namely promoting or preventing certain effects, intent can only be used as a proxy for such effects. However, EU competition law will be shown to also apply non-consequentialist moral judgments. Such judgments are the source of the autonomous normative value of intent. That autonomous normative value will then be described with reference to the case law, namely the notions behind the different forms of collusion, restriction of competition, and abuse of dominance. It will be seen that the normative root of anti-competitive behaviour is based on intent, insofar as collusion and abuse represent intent which is potentially offensive to EU competition law principles. Infringements of Articles 101 and 102 further require the application of intent or effects-based tests, represented in the alternative between restrictions by object or effect and in the different types of abuse. Thus, it will be discussed how the doctrinal emphasis on effects has failed to explain significant sections of the case law. It will be concluded that the use of intent is indicative of the normative character of EU competition law, namely a stable judicial system based on principles which conciliates moral intuitions with the paradigms of perfect competition.
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Ratz, Malcolm. "Competition Law damages and their quantification in South African law." Thesis, University of Pretoria, 2016. http://hdl.handle.net/2263/65715.
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thesis investigates the question of private competition damages actions arising from contraventions of the South African Competition Act 89 of 1998. The South African Competition Act has been actively and successfully enforced for almost 15 years. Great success has been achieved by the Competition Commission in uncovering cartel conduct and prosecuting contraventions of the Competition Act. The successful prosecution of contraventions of the Competition Act has resulted in contravening firms being ordered to pay millions of Rand in administrative penalties. Despite the success achieved by the competition authorities in uncovering contraventions and prosecuting contravening firms and gains for the fiscus in administrative penalties, the real victims of the anti-competitive conduct have to date failed to recover any compensation for the loss and damage caused by contraventions of the Competition Act. Section 65 of the Competition Act expressly acknowledges the right of persons who have suffered loss or damage as a result of a prohibited practice to recover private damages in the civil courts. However, the Act is silent on the way in which parties are to institute these actions. In addition, a survey of South African law shows that the South African law of damages remains untested when called upon to assess and quantify complex private competition damages. This thesis endeavours to contextualise the damages action referred to in section 65 of the Competition Act in order to provide clarity on the nature of the action and how a claimant may recover private damages arising from contraventions of the Competition Act. More developed foreign jurisdictions such as the European Union and United States are investigated in order to shed light on how private damages are dealt with in those jurisdictions, and how salient aspects of these damages regimes might assist with the development of South Africa’s approach to private competition damages actions. From this investigation, it appears that private damages actions arising from a contravention of the Competition Act should be recognised as a civil delictual action. Given the powers of discovery within the South African civil procedure, together with the duty of claimants to provide, and the courts’ quest to be provided with all relevant information, including expert evidence and opinion, it is submitted that no significant adjustments to South African law are required for the successful prosecution of private competition damages actions. However, the quantification of private damages continues to present challenges that have to be overcome - albeit that these challenges are not novel to competition law. In order to address the complexities of quantifying competition damages, the use of various economic models that may assist litigants and courts in assessing and estimating the extent of damage caused by a contravention of the Competition Act, are suggested and discussed. It is evident that the South African civil courts allow the leading of expert evidence to assist with the assessment and quantification of damages; however, the retention of the South African judiciary’s discretion to assess damages on the available evidence in the most beneficial and appropriate way remains a fundamental feature of civil damages assessment in South Africa. Existing structures within South African law are investigated, along with the procedural framework that serve as important building-blocks for the development of a successful culture of private competition damages actions and the development of a coincidental ancillary deterrent against contraventions of the Competition in the form of private damages actions. The fundamental requirements already exist within South African law for the enforcement and development of private competition damages actions in terms of section 65 of the Competition Act. These include liberal discovery procedures, favourable provisions pertaining to legal practitioners entering into contingency fee arrangements, and most recently, the acceptance and recognition of class actions for civil damages claims. In order to facilitate a claimant’s access to information and documents necessary for the proper formulation of a private competition damages action, recommendations are made to facilitate easy access to information germane to the bringing about and quantification of private damages actions. This will give further credence to the creation of effective structures for the administration of the provisions of the Competition Act, and facilitate, promote, and strengthen a further disincentive against contraventions of the Act in the form of private damages actions. It is recommended that a costs limitation be imposed on parties litigating for private damages arising from contraventions of section 65 of the Competition Act. Each party should be liable for its own costs, thereby achieving a balance between preventing frivolous and opportunistic litigation and facilitating, promoting and advancing the launching of private competition damages actions by the public. The public are in turn safe-guarded by the fact that large corporations cannot utilise the litigation costs and costs exposure as a tactic to discourage litigation.Thesis (LLD)--University of Pretoria, 2016.
Private Law
LLD
Unrestricted
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Alotaibi, Musaed. "Does the Saudi competition law guarantee protection to fair competition? : a critical assessment." Thesis, University of Central Lancashire, 2011. http://clok.uclan.ac.uk/2389/.
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This research aims to investigate the Saudi Competition Law (2004) and its regulations and rules. It investigates whether the Saudi Competition Law guarantees protection for fair competition. . It looks into the defects in the Saudi Competition Law and its enforcement. The research also explores reforms needed to improve the Saudi Competition Law and how such reforms can be achieved. The study employs two broad approaches to answer the research questions: the black letter and socio-legal models; and two particular methods (as well as analysis of legal material and existing related literature), i.e, interviews, and two case studies in communications and civil aviation sectors. The findings show a conflict between the principles underlying Competition Law and currently implemented government policy. Barriers to entry, public and wholly-owned state companies’ immunity, the government’s privatisation policy, and the government role in the market contradict the general principles of the competition law. There is evidence of monopolistic practices, a lack of neutrality, and insufficient implementation of the law against government-owned companies. There also seems to be jurisdictional conflicts between the Council of Competition Protection (CCP) and authorities with similar functions. Critical assessment of the Saudi Competition Law revealed a number of problems in four areas: anti-competitive agreements, abuse of dominant position, mergers, and enforcement. Examining several cases showed some deficiencies in enforcement. The study suggests some recommendations for policy reform and modernisation of the Law and its regulations. The Shariah Law adopted general rules for regulating competition issues. It prohibits two main practices: monopoly and damage. Since this study is the first to address competition law in the Kingdom of Saudi Arabia, it is hoped that the research findings and outcomes will add to knowledge in this field, enabling greater understanding and leading to better application of the Saudi Competition Law, and thus be of benefit to both law researchers and to practitioners, investors (domestic and foreign), and consumers. This study is hoped to provide a framework for the countries of the Middle East, particularly the Arab countries, which are seeking to move toward more competitive markets, whether they have already adopted or are planning to adopt competition law.
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Nguyen, Anh Tuan, アン チュアン グエン, Shuya Hayashi, and 秀弥 林. "Assessing the Effectiveness of Vietnam's Competition Law." 名古屋大学大学院法学研究科, 2010. http://hdl.handle.net/2237/14333.
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Messner, Gerd Erhard. "Institutionalised joint ventures under EC competition law." Thesis, University of Oxford, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.410879.
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Groves, Peter John. "Law and competition in the motor industry." Thesis, Open University, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.279001.
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Janse, van Rensburg Sean. "Administrative Penalties in South African Competition Law." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/75220.
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Competition law has been defined as the rules or provisions which aim to ensure and sustain a market where vigorous, but fair competition will result in the most efficient allocation of economic resources and production of goods and services at the lowest price. The goal, which competition law wishes to attain, is to level the playing field where both small and large firms can compete with one another, fairly and competitively, which in turn leads to a greater benefit for the consumer.
South African competition authorities consider cartels as the most egregious of all competition law contraventions because of their harmful impact upon consumers, economic development and the market. Cartel activities are formed in secret and this renders these activities more dangerous, because it is difficult for competition authorities to detect and prosecute them. In South Africa, cartels are regulated in terms of section 4(1)(b) of the Competition Act 89 of 1998, which practices are per se prohibited. Section 4(1)(b) specifically lists the following activities as cartel practices: price fixing, bid rigging and market allocation.
Administrative penalties are a common retributive and preventative tool in numerous jurisdictions, including South Africa, which are imposed on firms which participate in cartel activities. Section 59 of the Competition Act postulates that an administrative penalty may be imposed by the Tribunal on a contravening firm, should it be found that such firm has engaged in such prohibited practices.
The penalty may be determined and enforced in one of two ways, either unilaterally by the Competition Tribunal in terms of section 59 of the Competition Act, or in terms of a consent agreement concluded between the contravening firms and the Competition Commission, which agreement needs to be approved and enforced by the Tribunal in terms of Section 58 of the Competition Act.
The primary objective of the imposition of administrative penalties on cartelists is to both prevent and deter cartel behaviour. It is not a perfect system and has faced its challenges over time. The issues which the competition authorities have had with the imposition of administrative penalties relates to, inter alia, the quantification thereof, the enforcement thereof and the economic and social impact that such penalties have on the contravening firms, its employees and the consumers in general.
This dissertation will interrogate the manner in which the competition authorities have approached the imposition of administrative fines. The focus will be on fines imposed for cartel conduct as set out in section 4(1)(b) of the Competition Act. The objective is to determine whether South Africa’s approach to the imposition of administrative fines is in need of reform, and if so, to make suitable recommendations.Mini Dissertation (LLM)--University of Pretoria, 2020.
Mercantile Law
LLM
Unrestricted
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WANG, Yanchen. "Essays on market competition and law enforcement." Digital Commons @ Lingnan University, 2018. https://commons.ln.edu.hk/otd/37.
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My Ph.D. dissertation contains both theoretical and empirical studies on market competition and law enforcement. The first study, entitled “Piracy, Counterfeiting, and Market Competition”, is a theoretical study and investigates the economic consequences of intellectual property law enforcement by looking at two types of intellectual property infringement, piracy and counterfeiting. To investigate how the market power changes in the presence of piracy, we start with a static model made up of two horizontally and vertically differentiated goods, genuine product and pirated product. The representative consumer's utility is a function of the consumption of the two goods. The consumer can choose to buy one out of the two differentiated goods but faces a potential legal cost if he purchases the pirated product. The legal cost is exogenous and decided by the policy maker. We show that, as the level of law enforcement enhances, the substitutability between genuine product and pirated product decreases, and the market power of the genuine product producer increases. This makes the two products less likely to belong to the same antitrust relevant market, confirming the conjecture raised by Lin (2018). Next, we explore how anti-counterfeiting efforts under the intellectual property law affect market competition, by setting up a two-stage game made up of four firms: two branded firms and two counterfeiters. In the first stage, each branded firm can take anti-counterfeiting effort independently and simultaneously, which only affects its corresponding counterfeiter. In the second stage, four firms compete in the Cournot’s framework. We show that two branded firms’ decision variables are strategic substitutes, and the negative externality exists for branded firm to take anti¬-counterfeiting efforts. Due to the negative externalities, we confirm that the private anti-counterfeiting efforts chosen by branded-good producers are higher than the industrial optimum. The second study, entitled ^The Volcker Rule, Bank Stability and Bank Liquidity^, is an empirical study and focuses on the latest bank regulation, the Dodd-Frank Wall Street Reform and Consumer Protection Act. Specifically, we focus on section 619of Dodd-Frank Act, which is commonly known as “Volcker Rule” and imposes restrictions on banks’ ability to engage in proprietary trading activities. Using the passage of the Volcker Rule as an exogenous shock, we employ the difference-in¬differences analysis to investigate the effect of Volcker Rule on bank risk and liquidity creation. We find a significant reduction on proprietary trading among regulated bank holding companies (BHCs). In the meantime, we find that the enforcement of Volcker Rule induces a significant increase in liability-side liquidity creation and a decrease in the off-balance sheet liquidity creation. Our findings shed light on the trade-off of Volker Rule implementation in the United States.
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COSSU, ROBERTA. "Current challenges to competition law and policy." Doctoral thesis, Luiss Guido Carli, 2015. http://hdl.handle.net/11385/200985.
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1. Slide-to-unlock competition in high-tech markets: the need of rethinking IPRs in the digital revolution era. 2.
European Banking Union: are the recent single banking supervision and resolution truly European? Lessons from the application of state aid rules on financial institutions. 3. The curious case of umbrella claims between economic analysis and the arduous emergence of a European private law.
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Remetei-Filep, Ádám. "Strategic airline alliances and restrictions of competition by object under EU competition law." Thesis, King's College London (University of London), 2013. https://kclpure.kcl.ac.uk/portal/en/theses/strategic-airline-alliances-and-restrictions-of-competition-by-object-under-eu-competition-law(6c486e81-7012-415e-86e5-74b0a78b81d7).html.
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In this thesis, the question is asked whether, in the light of the ’more economic approach’ adopted in recent years, it is correct to classify metal-neutral revenue-sharing airline alliances as restrictive of competition by object and interpret this concept in a wider sense under Article 101(1) TFEU. By relying on the example and analysis of airline alliances and in particular metal-neutral revenue-sharing alliances, the thesis argues that the ’orthodox’ or wider interpretation of restriction by object is correct and, as such, does not contradict the idea behind the more economic approach of EU competition law. However, the analysis of restriction by object has to take into account the effects of Article 101 TFEU as a whole, including Article 101(3) TFEU. Therefore this wider interpretation of object restrictions must be complemented by a realistic application of Article 101(3) TFEU, in order to achieve the desired outcome of an administrable and efficient enforcement regime that minimises error costs. This is a legal thesis. It will review the EU competition law approach to airline alliances and use the example of airline alliances to explore the issue of restriction by object and its interaction with Article 101(3) TFEU. The thesis examines both from an economic and legal point of view all those aspects of strategic alliances, air transport and strategic airline alliances that are essential for a thorough understanding of their characteristics when analysed under Article 101(1) and 101(3) TFEU. The research question concentrates on the dichotomy of Article 101 TFEU, and it is concluded that the experience of the aviation industry supports the thesis.
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Almgren, Teresia. "Barriers to market entry and EC Competition law." Thesis, Linköping University, Department of Management and Economics, 2004. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-2468.
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Hinder för marknadstillträde är viktigt i många avseenden. För ett företag som slår sig in på en ny marknad är det viktigt att veta vilka hinder det möter. För konkurrensrättsliga myndigheter är det nödvändigt att veta vilka hinder som existerar för att exempelvis kunna avgöra om ett företag har en dominerande ställning. Det är också nödvändigt att känna till hindren för att säkerställa en fri tillgång till marknaden.
Det saknas dock en generellt accepterad definition av hinder för marknadstillträde. Detta gör det svårare för de olika parterna på marknaden att veta om de handlat på ett otillåtet vis. Saknaden av en generellt accepterad definition och en klar åsikt om vad anses vara otillåtet enligt konkurrensrättsliga regler leder också till komplicerade och tidskrävande rättsliga processer.
Jag presenterar en rad olika definitioner samt en översikt av olika hinder för att klargöra ämnet. Jag diskuterar vilka hinder som är av intresse från ett konkurrensrättsligt perspektiv samt varför de är av intresse.
Jag kommer till slutsatsen att från ett konkurrensrättsligt perspektiv så är det inte definitionen i sig som är viktigast, utan man måste avgöra om ett hinder är otillåtet på individuell basis. Vid avgörande måste hänsyn tas till en rad olika faktorer, expempelvis den relevanta marknaden, vilken sorts hinder det gäller, hindrets effekt på marknaden, om hindret genererar några positiva effekter mm.
Barriers to entry are important from many aspects. For a firm entering a market it is important to know which barriers it is facing. From a competition authority’s perspective it is necessary to know the extent of entry barriers to determine for example if a firm enjoys a dominant position. It is also necessary to know the entry barriers in order to create provisions to ensure free market entry.
However, there is not one generally accepted definition of entry barriers. This makes it difficult for players in the market to assess when they are conducting a prohibited action. The lack of a standard definition and a clear opinion of what constitutes a prohibited barrier according to competition law also result in a more complicated and time-consuming judicial process.
I provide the reader with different definitions in order to clarify the matter. I also present an overview of barriers to entry. I also discuss which barriers are interesting from a competition law perspective and why they are of interest.
I conclude that, from a competition law perspective, it is not the definition of entry barriers that is of most interest. The most important question is without doubt whether the individual barrier constitutes an infringement to EC competition policy. That assessment must be done on an individual basis and it is an assessment that is dependant on many factors, such as the relevant market, the type of barrier, the affect the barrier have on the market, any pro-competitive effects etc.
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Decker, Christopher. "Economic expertise in competition law enforcement : collective dominance." Thesis, University of Oxford, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.433391.
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Witt, Anne-Christine. "The more economic approach to EC competition law." Thesis, University of Kent, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.504660.
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Williams, Anthony Mark. "Nascent competition law in China and Hong Kong." Thesis, King's College London (University of London), 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.408246.
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Gursoy, Ece. "The role of efficiencies under EU competition law." Thesis, King's College London (University of London), 2012. https://kclpure.kcl.ac.uk/portal/en/theses/the-role-of-efficiencies-under-eu-competition-law(b79657e1-1dd1-4d87-abcb-8cc6428153c2).html.
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At the beginning of the 21st century, the Commission embarked on a comprehensive review and came up with a series of new proposals for legislation in its modernisation and reform packages. One of the most striking features of the Commission’s efforts is the inclusion of economic factors into competition law analyses, allowing greater scope for economic efficiency arguments in its competitive analysis in different competition law areas, such as restrictive agreements, mergers and unilateral behaviour. -- The purpose of this thesis is to contribute to the understanding of efficiencies and their role in different areas of ED competition law. The thesis is divided into two parts. Part I of the thesis examines the concept of efficiency, the theory of welfare standards, and the relationship between such standards and efficiencies under different welfare standards. It explains the importance of efficiency considerations in competition law analysis and examines the main methodologies to take into account efficiency considerations. While discussing these methodologies, the thesis establishes the distinction between efficiencies as a defence to an otherwise anti-competitive conduct and efficiencies as a ’rebuttal’ and/or a ’factor’ in the overall assessment of the conduct. Part I also considers the source of efficiency gains and provided a typology of efficiencies to identify the potential types of efficiencies that are used in competition law analysis. -- In Part II, the thesis undertakes an extensive review as to how efficiencies are treated under the EU Merger Regulation, Article 101 TFEU and Article 102 TFEU. The thesis reviews the efficiency evaluation criteria and the European Commission’s past and current decisional practice to understand the role of efficiencies under EU competition law. The thesis also discusses the burden of proof in claiming and verifying efficiencies.
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Cattaneo, Andrea. "The application of EU competition law to sport." Thesis, Edge Hill University, 2017. http://repository.edgehill.ac.uk/9943/.
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The thesis has looked at the application of competition law of the European Union to sport. The main objective of the thesis is to understand whether the European institutions have adopted a sport-specific approach when applying competition law, and to identify problems connected to it. Sport presents a number of characteristics that differentiates it from any other industry. It is an area where private and public interests arise and demand protection. These range from private economic interests, to the protection of cultural aspects, health and well-being, and employment. The European Union has moved from an approach according to which sporting rules were not falling under EU law, to one where any sporting rule is capable of having economic effects and could therefore be assessed. In parallel, Sport Governing Bodies have stopped rejecting the intrusion of EU institutions in sport, and have accepted that the role of the authorities could be channelled to guarantee an area of autonomy. The thesis provides an original contribution to the body of knowledge in assessing the intensity of the economic analysis adopted by the EU institutions when examining conduct of Sports Governing Bodies. This aspect is particularly connected to the specific characteristics of sport, and of the sporting market. The research suggests to adopt a system of governance that is more collaborative and inclusive, and that is capable of representing the needs and protect the interest of all the industry stakeholders. This would require a greater involvement of the stakeholders in the rule setting and enforcement procedure, in order to channel the expertise of Governing Bodies and restrict the tendency to abuse of their regulatory powers.
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Mathobela, Keagile. "Disruptive innovations and their effect on competition law." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73246.
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The metered taxi industry has over the years been regulated and controlled by various transport legislation and transport authorities, however because of the nature of the Uber business model, competition laws have been unable to regulate fair competition between Uber, taxi app’s such as Uber (like Taxify) and the traditional metered taxi industry. This dissertation focuses on Uber as a disruptive innovation in the public passenger transport industry. It explores the Uber business model of the online app and explains whether, if at all, Uber does qualify as a disruptive innovation and if so, to what extent does it pose a threat to its competitors in respect of competition issues such as price fixing, predatory pricing, vertical and horizontal agreements and abuse of dominance. In this dissertation I note the importance that regulators and the competition authorities play in venturing out of their comfort zones and re-examine their assumptions underpinning existing competition regulations in respect of new entrants in the market. The dissertation explores whether Uber has in fact operated outside of the competition regulations and whether its existence should be regulated. Moreover, this dissertation explores whether Uber as a disruptive innovation is potentially limiting on competing brands, such as the metered taxi industry and whether the existence of Uber and operation outside of normal competition legislation may cause the foreclosure and exclusion of competitors and therefore substantially limiting or lessening competition in the public passenger transport market. Lastly the dissertation explores how other jurisdictions have regulated any of Uber’s potential competition law infringements. The focus is based on the European Union and the United States of America jurisdictions.Mini Dissertation (LLM)--University of Pretoria, 2019.
Mercantile Law
LLM (Mercantile Law)
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Bhattacharya, Shilpi <1982>. "Competition Law and the Bounded Rationality of Firms." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2016. http://amsdottorato.unibo.it/7693/1/Bhattacharya_Shilpi_tesi.pdf.
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Firm rationality plays a role in several aspects of competition law. Yet, the conception of the firm as a rational, profit maximizing entity has been disputed in different disciplines. This literature shows that neoclassical economic assumptions on which competition law is based can fall short of explaining the full range of observed firm behaviour. Accordingly, an alternative conception of the firm as boundedly rational can impact the understanding of firm conduct in competition law.
Behavioural literature describes two different sources of bounded rationality in firms. Firstly, behavioural biases of managers, such as overconfidence bias can affect decision-making in a firm. Secondly, firms are constrained by their decision-making processes, which can cause departures from rationality.
This work examines the application of behavioural insights to two aspects of competition law - predatory pricing and mergers. It uses the case study method to individually examine firm behaviour in these situations. This thesis finds that, if firms are taken to be boundedly rational, intention can be relevant to predatory pricing because firms may cut prices with the intention of eliminating competitors even when there is little or no chance of recouping through higher prices. This is in contrast to the understanding of predatory pricing in US law, where recoupment is essential. Intent requires understanding how business decisions are taken and thus, provides an opening for behavioural insights to be introduced into predatory pricing law.
Merger analysis is particularly suited to behavioural insights as mergers are often either a result of managerial biases or a product of strategic considerations such as a response to entry by competitors. This thesis finds that insights from management studies could be useful to understanding possible anticompetitive motives behind mergers, particularly when these decisions are taken to eliminate close or potential competitors.
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Fonseca, Da Silva Antonio Carlos. "Limiting intellectual property : the competition interface." Thesis, Queen Mary, University of London, 1997. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1693.
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This is a study of legal limits of the exercise of intellectual property, with emphasis on chip designs. In Part One, the focus is on the economics of innovation dynamics and the nature of the social bargain underlying intellectual property. It analyses the function of intellectual property and the structure of protection of chip designs under the US chip law, the IPIC Treaty and the Agreement on TRIPS. It suggests that while protection of intellectual property is designed to promote technical innovation and enhance competition in the public favour, the innovation process is carried out in conditions of increasingly imperfect competition. On these grounds, a point is made to limit the exercise of proprietary rights in the welfare/efficiency perspective. Part Two addresses the treatment of legal limitations. An analysis is made concerning the evolution of the safeguarding provisions on which unauthorised use of copyright and patent in the British legal system relies. These safeguards, structured within the intellectual property law, have gradually been developed to also rely on a resurgent competition legislation, which has been considerably used by OECD countries to order the exercise of proprietary rights. The ability of modem competition law to induce an intellectual property order, and the features of the adjudicatory process of non-voluntary licences over UK patents are also examined. From the findings the emergence of; namely, a safeguarding policy is identified. The conceptualisation of this institutional policy, aiming at efficiency and welfare objectives related to the exercise of proprietary rights, is a central theme. It shows that safeguarding provisions intrinsic to intellectual property law is insufficient to pursue these objectives, and holds that to protect intellectual property without an effective control of anti-competitive practices is a distorting and unsustainable legal policy.
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Voudouris, Ioannis. "Maritime transport properties and competition law issues : partial function cooperation agreements in liner and tramp shipping." Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/8764.
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The thesis deals with selected competition issues that occur within the dynamic and high-risk market of shipping, examining competition law issues in liner consortia and tramp pools through an EU Competition Law prism. These partial function joint ventures are the predominant form of alliances in the maritime sector. Liner trade is primarily organised in consortia, while pools are the most common form of tramp shipping alliance. The thesis' synthetic and analytic research incorporates the methodology and structure used in its competition law bibliography, while the legal analysis is informed with sources from microeconomics and maritime economics. The issues that are examined in relation to shipping include the four main areas of competition law: the relevant market, indicators of dominance, compliance of the alliance agreements with Article 101 TFEU and abusive conducts by dominant undertakings under Article 102 TFEU. The development of the above areas aims to demonstrate the interaction of sector particularities with competition law as a whole.
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Nowag, Julian. "Competition law, state aid law and free-movement law : the case of the environmental integration obligation." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:b14c7740-cac8-4084-acf8-86ff9c053e6c.
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This thesis investigates competition law, State aid law and free-movement law in their interaction with Article 11 TFEU’s obligation to integrate environmental protection requirements into all activities and policies of the Union. The Article is formulated in broad and sweeping terms which makes integrating environmental protection requirements complex and context-dependent. The challenge of integrating environmental considerations is further increased as such integration in competition, State aid and free- movement law is different from other areas of EU action. The three areas are the core provisions protecting the internal market by prohibiting certain actions of the Member States and undertakings. Unlike in other areas, the EU is therefore not in the position to develop or design the actions but has to scrutinise the measure according to pre-established parameters. To address this challenge, a novel functional approach to environmental integration is developed. The approach should facilitate a better understanding of environmental integration and in particular its application to competition law, State aid and free-movement law. An important element of this thesis equally the comparison between the three areas of law. It sheds light on conceptual issues that are not only relevant to the integration of environmental protection. The comparison advances the understanding in relation to questions such as how restrictions are defined and how the respective balancing tests are applied. The contribution of this research is therefore twofold. One the one hand, it compares how the different tests in competition, State aid and free-movement law operate, thereby offering opportunities for cross-fertilisation. On the other hand, this comparison and the improvements suggested as a result help to conceptualise environmental integration thereby paving the way for a more transparent and consistent integration of environmental protection in competition, State aid and free-movement law.
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Liu, Hongyan. "Liner conferences in competition law a comparative analysis of European and Chinese law." Berlin Heidelberg Springer, 2009. http://d-nb.info/995338809/04.
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Borg, Thomas. "The Relationship between EC-Law and Swedish Law regarding Competition and Labour Legislation." Thesis, Linköping University, Department of Management and Economics, 2001. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-901.
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According to § 2 of the swedish Competition Law it does not apply to agreements between employers and employees regarding salary and other working conditions. In the EC-treaty there is no such exception, but the European Court of Justice has established one. The purpose of this paper is to investigate if there are any differences between the two exceptions and, if so, how those differences effects the possibility to challenge swedish collective agreements from a competition law standpoint.
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Lu, Angela Cheng-Jui. "International airline alliances : EC competition law-US antitrust law and international air transport /." Leiden, 2002. http://catalogue.bnf.fr/ark:/12148/cb41007115m.
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Ioannidou, Maria. "Consumer involvement in private EU competition law enforcement : evaluating and reshaping the enforcement toolbox : towards acceptable mechanisms." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:7c3aae7a-7aba-45de-9f50-d59241218666.
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EU competition law rhetoric attributes particular importance to ‘consumer interest’. However, despite these often repeated pronouncements, final consumers and their respective interests play only an ancillary role in EU competition law enforcement. This thesis embarks from this observation with the aim of strengthening the importance attributed to ‘consumer interest’ in the application and enforcement of EU competition law. Taking into account the difficulty in adopting a ‘final consumer welfare standard’ as the substantive enforcement standard in EU competition law, the thesis shall explore an alternative route and focus predominantly on consumer participation in private competition law enforcement. The analysis is conducted at three levels. First normative justifications for the advocated consumer involvement are provided (‘added value spectrum’ of consumer participation); these include deterrence of competition law violations and compensation to affected consumers (principal aims), as well as aligning the substantive enforcement standard with policy pronouncements, legitimise EU competition policy and contribute to empowering and informing EU consumers (derivative aims). Second, practical proposals in relation to remedial and procedural measures enabling consumer involvement are formulated. Third, in so far as institutional and political limitations impede the adoption of effective measures in the field of private enforcement, alternative routes of consumer participation in public competition law enforcement (that possess the potential to promote the ‘added value spectrum’) are also examined. In light of the above, practical proposals will also be formulated.
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Hag, Sara. "The Objectives of EU Competition Law : A normative analysis." Thesis, Uppsala universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-252630.
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Vedder, Hans Hermann Bernard. "Competition law and environmental protection in Europe towards sustainability? /." Groningen : Amsterdam : Europa Law Publishing ; Universiteit van Amsterdam [Host], 2003. http://dare.uva.nl/document/67768.
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Fiske, Jonathan W. "E.C. competition law in an era of modern telecommunications." Thesis, University of Hull, 1998. http://hydra.hull.ac.uk/resources/hull:5463.
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This thesis examines competition law in the context of the changing telecommunications sector. Its purpose is to facilitate a re-assessment of contemporary competition law and policy by raising questions about its interpretation. This is principally achieved by questioning the underlying philosophy that informs the law and policy of competition in the particular context of developments occurring within the telecommunications industry. The focus is on competition law and policies of European Community law, but there are common problems faced by other systems of competition regulation. The thesis examines issues which must be taken into account in the useful development of legal norms for the positive development of an industry that is an important infrastructure to modem commerce. The thesis does not seek to advance any "perfect" model for competition regulation, in general or for the telecommunications sector. The premise throughout this thesis is that competition problem areas continue to be unresolved and need to be addressed in order for a competitive marketplace in telecommunications to succeed. The principal problem of market-dominance is pointed to and its threat to the continuance of a competitive market. This area is particularly interesting in relation to the present nature of telecommunications, which is one that inherently requires or encourages forms of co-operation and interconnection. Addressing competition problems, particularly in the early years of sector reform and liberalisation, is considered important in order to further ensure the success and endurance of a competitive market. In this respect, a re-evaluation is timely because of the changes occurring both politically and technically to the telecommunications sector. This study was undertaken during the early years of telecommunications liberalisation, and completed prior to 1998 when full liberalisation was to be in place throughout most of the EC.
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Tassano, Velaochaga Hebert Eduardo. "The convergence between competition law and intellectual property rights." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/116244.
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Indecopi has within its functions the defense of free competition and the protection of intellectual property. This institutional design has the advantage of being able to see more clearly what are the points of convergence between the two subject-matter, harmonize them and achieve the goals they have in common. Within this convergence, there are sensitive issues as the granting of compulsory licenses. In this work, we highlight that compulsory licenses are exceptional measures and, to consider its granting, the State must have a procedure that provides confidence and predictability to citizens and clear definitions of what is meant by public interest, emergency and national security. Finally, it is proposed that the granting of compulsory licenses should be justified by a cost benefit analysis showing that is the best choice.El Instituto Nacional de Defensa de la Competencia y de la Protección de la Propiedad Intelectual (IndecopI) tiene entre sus funciones tanto la defensa de la libre competencia como la protección de la propiedad intelectual. Este diseño institucional tiene la ventaja de permitir apreciar con mayor claridad cuáles son los puntos de convergencia entre ambas materias, armonizarlos y conseguir los objetivos que tienen en común. Dentro de esta convergencia, existen temas sensibles, como el otorgamiento de licencias obligatorias, por lo que en el presente trabajo se destaca su carácter de medida excepcional y se plantea que, para considerar su otorgamiento, el Estado debe contar con un procedimiento que brinde confianza y predictibilidad a la ciudadanía y con definiciones claras sobre qué debemos entender por interés público, emergencia y seguridad nacional. Finalmente, se propone que su otorgamiento tenga justificación en un análisis costo beneficio que arroje como resultado que, en efecto, era la opción más adecuada.
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Lewis, Kristin Elizabeth. "Public versus Private enforcement of South African competition law." Diss., University of Pretoria, 2018. http://hdl.handle.net/2263/65672.
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This dissertation will discuss the current process and procedure of enforcement of competition law in South Africa. A distinction will be drawn between public enforcement and private enforcement. This distinction will show which is the more predominant enforcement method. For this purpose, a detailed discussion of the provisions in the Competition Act 89 of 1998 will follow. The focus of the dissertation will thereafter shift to whether private enforcement is reasonably possible and pursuable by members of the public in terms of South African legislation. The rational for focusing on private enforcement will become clear through a discussion of Nationwide Airlines (Pty) Ltd (in liquidation) v South African Airways (Pty) Ltd 2016 (6) SA 19 (GJ). By 2016, this case was only the second claim of its kind and the first time a claim for damages based on a finding by the Tribunal had been litigated. The discussion will articulate the process of how the matter reached the High Court and the difficulties encountered in claiming damages. Thereafter, a brief discussion on comparative law will be included. The chosen foreign law is that of the European Union (“EU”). EU law was chosen as its competition law is well established and has been in practice for longer than the South African equivalent. Emphasis will be placed on the EU’s use of private enforcement and any lessons to be learnt in relation thereto. Finally, a conclusion will be reached on whether private enforcement is reasonably possible and pursuable by a member of the public and whether there are any recommendations on how private enforcement could be strengthened in South African law.Mini Dissertation (LLM)--University of Pretoria, 2018.
Mercantile Law
LLM
Unrestricted
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Lewis, Kristin Elizabeth. "Public versus private enforcement of South African competition law." Diss., University of Pretoria, 2009. http://hdl.handle.net/2263/67765.
Full textAbstract:
This dissertation will discuss the current process and procedure of enforcement of
competition law in South Africa. A distinction will be drawn between public enforcement and
private enforcement. This distinction will show which is the more predominant enforcement
method. For this purpose, a detailed discussion of the provisions in the Competition Act 89
of 1998 will follow.
The focus of the dissertation will thereafter shift to whether private enforcement is
reasonably possible and pursuable by members of the public in terms of South African
legislation. The rational for focusing on private enforcement will become clear through a
discussion of Nationwide Airlines (Pty) Ltd (in liquidation) v South African Airways (Pty) Ltd
2016 (6) SA 19 (GJ). By 2016, this case was only the second claim of its kind and the first
time a claim for damages based on a finding by the Tribunal had been litigated. The
discussion will articulate the process of how the matter reached the High Court and the
difficulties encountered in claiming damages.
Thereafter, a brief discussion on comparative law will be included. The chosen foreign law
is that of the European Union (“EU”). EU law was chosen as its competition law is well
established and has been in practice for longer than the South African equivalent. Emphasis
will be placed on the EU’s use of private enforcement and any lessons to be learnt in relation
thereto.
Finally, a conclusion will be reached on whether private enforcement is reasonably possible
and pursuable by a member of the public and whether there are any recommendations on
how private enforcement could be strengthened in South African law.Mini Dissertation (LLM)--University of Pretoria, 2017.
Mercantile Law
LLM
Unrestricted
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Van, Wyk Bianca Idalina. "State-owned entities and the impact on competition law." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/60110.
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The South African Competition Act 89 of 1998, as amended addresses an array of principles
and issues surrounding competition policy. However, it has become apparent that the Act
remains silent regarding state-aid and moreover state owned entities in relation to competition
law. This paper analyses the development of competition policy within South Africa and the
origins of state-owned entities and state aid. The aim of this paper is to evaluate whether
state-owned entities encourage, strengthen or diminish the concept and purpose of
competition. Furthermore, a comparative analysis will be done between South Africa and
current and previous Member States of the European Union in an attempt to decipher whether
state-owned entities are efficiently regulated and utilised to promote the objectives set out in
the Competition Act. Lastly, this study will include possible recommendations which are on
par with global trends or models as to how state-owned entities and state aid should be
administered within the Republic.Mini Dissertation (LLM)--University of Pretoria, 2016.
Mercantile Law
LLM
Unrestricted
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Gospodinov, Penio Penev <1985>. "The Application of European Competition Law in Arbitration Proceedings." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2014. http://amsdottorato.unibo.it/6736/1/gospodinov_peniopenev_tesi.pdf.
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This work provides several policy proposals capable to strengthen the private enforcement of EU competition law in arbitration. It focuses on the procedural law aspects that are permeated by legal uncertainty and that have not yet fallen under the scrutiny of the law and economics debate. The policy proposals described herein are based on the functional approach to law and economics and aim to promote a more qualified decision making process by: adjudicators, private parties and lawmakers. The resulting framework of procedural rules would be a cost-effective policy tool that could sustain the European Commission’s effort to guarantee a workable level of competition in the EU internal market. This project aims to answer the following broad research question: which procedural rules can improve the efficiency of antitrust arbitration by decreasing litigation costs for private parties on the one hand, and by increasing private parties’ compliance with competition law on the other hand?Throughout this research project, such broad question has been developed into research sub-questions revolving around several key legal issues. The chosen sub-research questions result from a vacuum in the European enforcement system that leaves several key legal issues in antitrust arbitration unresolved. The legal framework proposed in this research project could prevent such a blurry scenario from impairing the EU private enforcement of competition law in arbitration. Therefore, our attention was triggered by those legal issues whose proposed solutions lead to relevant uncertainties and that are most suitable for a law and economics analysis.
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Gospodinov, Penio Penev <1985>. "The Application of European Competition Law in Arbitration Proceedings." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2014. http://amsdottorato.unibo.it/6736/.
Full textAbstract:
This work provides several policy proposals capable to strengthen the private enforcement of EU competition law in arbitration. It focuses on the procedural law aspects that are permeated by legal uncertainty and that have not yet fallen under the scrutiny of the law and economics debate. The policy proposals described herein are based on the functional approach to law and economics and aim to promote a more qualified decision making process by: adjudicators, private parties and lawmakers. The resulting framework of procedural rules would be a cost-effective policy tool that could sustain the European Commission’s effort to guarantee a workable level of competition in the EU internal market. This project aims to answer the following broad research question: which procedural rules can improve the efficiency of antitrust arbitration by decreasing litigation costs for private parties on the one hand, and by increasing private parties’ compliance with competition law on the other hand?Throughout this research project, such broad question has been developed into research sub-questions revolving around several key legal issues. The chosen sub-research questions result from a vacuum in the European enforcement system that leaves several key legal issues in antitrust arbitration unresolved. The legal framework proposed in this research project could prevent such a blurry scenario from impairing the EU private enforcement of competition law in arbitration. Therefore, our attention was triggered by those legal issues whose proposed solutions lead to relevant uncertainties and that are most suitable for a law and economics analysis.
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Aregger, Ruth. "The impact of competition law on copyright law in new economy markets in Canada /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78198.
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The interface between copyright law and competition law has always been a topic of debate in legal and economic circles. Since the last decade however, new economy markets pose new challenges to this interface. Network effects, interconnectivity, rapid innovation, and excludability are characteristics of new economy markets. Particularly network effects can, in connection with copyright protection, increase market power and provoke competition authorities to monitor the exercise of copyrights.This thesis contains an analysis of the background and underlying principles of Canadian copyright law and competition law. It gives an overview over their interface in the legislation and the impact of competition policy on copyright litigation. It also examines the Intellectual Property Enforcement Guidelines that were issued by the Canadian Competition Bureau in September 2000.
The thesis concludes that competition law and copyright law are complementary instruments that serve the same goals. The two bodies of law are drafted so that they would not oppose one another. Instead of curbing copyright protection through competition policy enforcement, new challenges posed by new economy markets should be met by rethinking copyright policy and protection in these markets.
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From, Johan. "The role of the EU Competition Directorate General (DG IV) in implementing EU competition policy." Thesis, University of Sussex, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285081.
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In this dissertation the opening up to competition of the ferry route between the cities Elsinore in Denmark and Helsingborg in Sweden is analysed. The Danish government was forced by a decision adopted by the Competition Directorate (DG IV) in the European Commission to open up this ferry route for ferry operators other than the state owned Danish operator, Danish Rail. Accordingly, the main case analysed in this dissertation illustrates the relationship between the competition authorities in the European Union (EU), empowered with supranational legislative powers through article 90 in the Treaty, and the member states. In the literature, DG IV, the service within the Commission mainly responsible for competition policy, is often described as an autonomous body. The main aim of this dissertation is to assess the autonomy of DG IV in its enforcement and implementation of EU competition policy; and, as the presentation of the main case above indicates, this question is discussed in the context of the introduction of EU competition policy into the domain of public sector monopolies. Two main broad approaches are adopted in analysing this area. First, a systems approach is set out, in which the EU competition policy-making regime is analysed by focusing on its development, legal foundation, and practical formulation in general and in relation to public sector monopolies. The aim here is primarily to reveal the nitty gritty of this regime, which till now has been only fragmentally described in the literature, and to ease the modelling of the main case study undertaken in this dissertation. The Elsinore case is then analysed by adopting three well known perspectives for analysing EU decision-making: an interest group approach; an interorganisational approach; and finally, an institutional approach. The analysis's main observation is that an institutional approach to EU decisionmaking seems to provide us with a more thorough understanding of the processes focused on here than the two other approaches, and that this, at least, should lead us to rephrase the notion of an autonomous DG IV in this area.
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Henriksson, Lars. "Rätten till priskonkurrens - i marknadsdominans." Doctoral thesis, Handelshögskolan i Stockholm, Rättsvetenskap (RV), 2003. http://urn.kb.se/resolve?urn=urn:nbn:se:hhs:diva-1421.
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