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Journal articles on the topic 'Competition law'

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Published: 4 June 2021
Last updated: 8 February 2025

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1

Lianos, Ioannis. "Competition Law." World Competition 32, Issue 2 (June 1, 2009): 274–75. http://dx.doi.org/10.54648/woco2009028.

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2

Gerber, David J. "Competition Law." American Journal of Comparative Law 50 (2002): 263. http://dx.doi.org/10.2307/840879.

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3

Skilbeck, Jennifer. "Competition law." Commonwealth Law Bulletin 31, no. 2 (January 2005): 187–96. http://dx.doi.org/10.1080/03050718.2005.9986694.

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4

Forrester, I. S., and C. Norall. "Competition Law." Yearbook of European Law 8, no. 1 (January 1, 1988): 215–51. http://dx.doi.org/10.1093/yel/8.1.215.

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5

Forrester, I. S., and C. Norall. "Competition Law." Yearbook of European Law 9, no. 1 (January 1, 1989): 271–314. http://dx.doi.org/10.1093/yel/9.1.271.

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6

Lane, Robert. "Competition law." International and Comparative Law Quarterly 61, no. 4 (October 2012): 991–1005. http://dx.doi.org/10.1017/s0020589312000425.

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The period under review (January 2010 – June 2012) has been a time of consolidation (or exhaustion) for the Union generally, as the Lisbon changes are allowed to bed in. The competition sphere is no exception. There has been limited initiative, certainly nothing ambitious to come out of the Commission over the period. At the same time a new Commission took up office—three months late, and by a little-remarked constitutional sleight of hand1—in 2010, and with it came a new Commissioner for Competition (Mr Almunia) and with him a new Director-General of DG Competition (Mr Italianer—Dutch notwithstanding the name), which event sometimes, but not always, marks a reorientation of Union competition policy. Both are economists which, again, may or may not influence the direction of policy. At the same time the Union has been buffeted by a financial crisis not wholly of its own making in which the competition rules must have a significant role to play.
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7

Gerber, David J. "Competition Law." American Journal of Comparative Law 50, suppl_1 (2002): 263–96. http://dx.doi.org/10.1093/ajcl/50.suppl1.263.

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8

Forrester, I. S., and C. Norall. "Competition Law." Yearbook of European Law 10, no. 1 (January 1, 1990): 407–67. http://dx.doi.org/10.1093/yel/10.1.407.

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9

Forrester, I. S., and C. Norall. "Competition Law." Yearbook of European Law 11, no. 1 (January 1, 1991): 419–87. http://dx.doi.org/10.1093/yel/11.1.419.

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10

Forrester, I. S., and C. Norall. "Competition Law." Yearbook of European Law 12, no. 1 (January 1, 1992): 547–633. http://dx.doi.org/10.1093/yel/12.1.547.

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11

Forrester, I. S., and C. Norall. "Competition Law." Yearbook of European Law 13, no. 1 (January 1, 1993): 427–84. http://dx.doi.org/10.1093/yel/13.1.427.

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12

Forrester, I. S., and C. Norall. "Competition Law." Yearbook of European Law 14, no. 1 (January 1, 1994): 439–539. http://dx.doi.org/10.1093/yel/14.1.439.

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13

Forrester, I. S., and C. Norall. "Competition Law." Yearbook of European Law 15, no. 1 (January 1, 1995): 321–407. http://dx.doi.org/10.1093/yel/15.1.321.

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14

Forrester, I. S., and C. Norall. "Competition Law." Yearbook of European Law 16, no. 1 (January 1, 1996): 455–557. http://dx.doi.org/10.1093/yel/16.1.455.

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15

Forrester, I. S., C. Norall, and J. F. MacLennan. "Competition Law." Yearbook of European Law 18, no. 1 (January 1, 1998): 511–612. http://dx.doi.org/10.1093/yel/18.1.511.

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16

Forrester, I. S., and C. Norall. "Competition Law." Yearbook of European Law 5, no. 1 (January 1, 1985): 365–98. http://dx.doi.org/10.1093/yel/5.1.365.

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17

Forrester, I. S., and C. Norall. "Competition Law." Yearbook of European Law 6, no. 1 (January 1, 1986): 379–405. http://dx.doi.org/10.1093/yel/6.1.379.

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18

Forrester, I. S., and C. Norall. "Competition Law." Yearbook of European Law 7, no. 1 (January 1, 1987): 309–38. http://dx.doi.org/10.1093/yel/7.1.309.

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19

Batas, Ambica, and Udayakumara Ramakrishna B.N. "Abuse of Dominant Position in the Realm of the Professional Sports Industry." Scientific Temper 14, no. 03 (September 25, 2023): 1002–7. http://dx.doi.org/10.58414/scientifictemper.2023.14.3.68.

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The abuse of dominant position by sports regulators is a concerning issue that can significantly impact the integrity and fairness of sports competitions. Sports regulators, who are entrusted with maintaining the balance and promoting fair play within the industry, may sometimes exploit their authority to gain an unfair advantage or control over certain aspects of the sports landscape. When sports regulators abuse their dominant position, several detrimental consequences may arise.Competition law plays a crucial role in ensuring a fair and open market, free from anti-competitive practices. In recent years, there has been increasing attention towards applying competition law principles to oversee the actions of sports regulating bodies. This article aims to explore the potential of competition law in preventing sports governing organizations from abusing their monopoly power. It is imperative that the sports industry and the sports regulator function in an anti-competitive manner and avoid abuse of the powers instilled in them. It delves into suitable legal frameworks, examines relevant cases, and discusses the impact of enforcing competition law within the sports industry. The results highlight the significance of competition laws in fostering equitable competition, safeguarding athletes’ rights, and sustaining a dynamic and competitive sports landscape.
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20

Bergqvist, Christian. "When Do Agreements Restrict Competition in EU Competition Law?" Nordic Journal of European Law 5, no. 1 (August 31, 2022): 96–117. http://dx.doi.org/10.36969/njel.v5i1.24500.

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Under EU competition law, it is prohibited to conclude agreements distorting competition, but little guidance is available on what to consider anti-competitive. However, case law has given rise to patterns holding some practices anti-competitive by object while others must be assessed in detail and against their effect without providing a workable definition on the lines between these two approaches. Other issues remain equally open-ended, e.g., when the anti-competitive effect is appreciable. In this paper, a possible roadmap for the appraising of restrictive agreements in EU competition law will be provided.
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21

Klimenko, A. Y. "Complex competitive systems and competitive thermodynamics." Philosophical Transactions of the Royal Society A: Mathematical, Physical and Engineering Sciences 371, no. 1982 (January 13, 2013): 20120244. http://dx.doi.org/10.1098/rsta.2012.0244.

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This publication reviews the framework of abstract competition, which is aimed at studying complex systems with competition in their generic form. Although the concept of abstract competition has been derived from a specific field—modelling of mixing in turbulent reacting flows—this concept is, generally, not attached to a specific phenomenon or application. Two classes of competition rules, transitive and intransitive, need to be distinguished. Transitive competitions are shown to be consistent (at least qualitatively) with thermodynamic principles, which allows for introduction of special competitive thermodynamics. Competitive systems can thus be characterized by thermodynamic quantities (such as competitive entropy and competitive potential), which determine that the predominant direction of evolution of the system is directed towards higher competitiveness. There is, however, an important difference: while conventional thermodynamics is constrained by its zeroth law and is fundamentally transitive, the transitivity of competitive thermodynamics depends on the transitivity of the competition rules. The analogy with conventional thermodynamics weakens as competitive systems become more intransitive, while strongly intransitive competitions can display types of behaviour associated with complexity: competitive cooperation and leaping cycles. Results of simulations demonstrating complex behaviour in abstract competitions are presented in the electronic supplementary material.
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22

Silalahi, Udin, and Dian Parluhutan. "The Necessity of ASEAN Competition Law: Rethinking." Hasanuddin Law Review 3, no. 3 (December 26, 2017): 218. http://dx.doi.org/10.20956/halrev.v3i3.1165.

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As outlined in the AEC Blueprint, all ASEAN member states (AMSs) will endeavour to introduce competition policy by 2015. At present 7 (seven) AMSs, namely: Indonesia, Singapore, Malaysia, Thailand, Vietnam, Philippines, Myanmar have the national competition laws to supervise anti-competitive conduct in the domestic market. But the question is what if happened unfair competition between ASEAN member states, due to the agreement or businesses activities by business actors that harm competition? ASEAN has an ASEAN Regional Guidelines on Competition Policy (ARGCP) that developed by ASEAN Experts Group on Competition (AEGC) as framework for member states to develop its own competition law or policy and as a guideline in measuring that directly affect the behaviour of enterprises and the structure of industry and markets. Regional Guideline is just to help AMSs in increasing of awareness of important policy, not to sustain the competition among ASEAN member countries. Until now there is no ASEAN Competition Law and Institution to oversee competition among ASEAN member countries. In this era, ASEAN economic integration it is a certainty that anti-competitive among AMSs will happen.
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23

Khon, Dennis Wye Keen, Muhammad Iqbal Baiquni, and Waspiah Waspiah. "Two Decades of Business Competition Law: How has Indonesian Competition Law Transformed?" Journal of Private and Commercial Law 7, no. 1 (July 31, 2023): 45–68. http://dx.doi.org/10.15294/jpcl.v7i1.44355.

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This research focuses on the development of competition law in Indonesia, specifically examining the role and impact of Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, also known as the Business Competition Law. The objective of this research is to provide an overview of the various changes in business competition law in Indonesia, particularly the establishment of the Business Competition Supervisory Commission (KPPU), responsible for enforcing the law against business competition violations committed by companies or individuals. Additionally, this article will compare Indonesian competition law with that of other countries, such as Australia and Singapore. The research adopts two main methods: a statute approach and a comparative approach. The statute approach involves analyzing three statutory regulations: Law No. 5 of 1999 (Indonesia), Australia Competition and Consumer Amendment Act 2013 (Australia), and Singapore Competition Act 2004 (Singapore). The findings of this study reveal two key weaknesses in Indonesia's Business Competition Law. First, there are deficiencies in both the material and formal aspects of determining prohibitions per se or employing the rule of reason theory. Secondly, there are concerns related to the definition of dominant market positions, necessitating a review of the Business Competition Law to align it with best practices. Additionally, there are issues regarding the neutrality of KPPU as a Quasi-Judicial institution, and the need to safeguard the rights of the reported parties during the judicial process at KPPU. Furthermore, a legal comparison with Australia and Singapore highlights that Indonesia's Business Competition Law lags behind in several areas, resulting in a legal vacuum concerning Mergers and Acquisitions Regulations, Horizontal and Vertical Agreements, Dispute Resolution, and Consumer Protection. In conclusion, this research emphasizes the significance of robust competition laws in promoting fair business competition, economic growth, and foreign investment. It sheds light on the weaknesses of Indonesia's current Business Competition Law and suggests potential areas for improvement based on a comparison with competition laws in Australia and Singapore. Addressing these issues would strengthen Indonesia's competitive landscape and foster a more conducive business environment.
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24

Morlok, Martin. "Party Law as Competition Law." Legisprudence 2, no. 3 (December 2008): 173–215. http://dx.doi.org/10.1080/17521467.2008.11424678.

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25

Jashari, Adnan, and Egozone Osmanaj. "Comparative Analysis in Connection with the Prohibition of Anti-Competitive Agreements in Kosovo, North Macedonia and Albania." Zbornik Pravnog fakulteta u Zagrebu 73, no. 1 (April 2, 2023): 119–56. http://dx.doi.org/10.3935/zpfz.73.1.05.

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This study examines and analyzes anti-competitive agreements in Kosovo, North Macedonia and Albania. Also, it examines in some aspects the similarities and differences of the competition laws of the countries in question, with the competition law of the EU. It aims to achieve these basic objectives: to analyze the evolution of competition law in Kosovo, North Macedonia and Albania; to provide a clear analysis of the competition law of the countries included in the study, in terms of the prohibition of anti-competitive agreements; and compare it with the EU competition law; to analyze the behaviors of undertakings that constitute prohibited agreements in the sense of competition law; to analyze important decisions of the Competition Authorities, regarding the prohibition and punishment of anti-competitive agreements; and to consider punitive measures (fines) for violation of rules related to anti-competitive agreements. The analysis shows that there is a high alignment of the competition laws of the countries included in the study with the EU acquis, and that the challenge for the Competition Authorities remains the low number of imposed fines and their non-execution.
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26

Lee, Jae Woon. "Competition Law Enforcement vs. The Policy Goal of an International Aviation Hub: Case Studies in East Asia." Air and Space Law 48, Issue 3 (June 1, 2023): 319–38. http://dx.doi.org/10.54648/aila2023043.

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To what extent does the policy goal of an international aviation hub affect the enforcement of competition law? This article examines the dynamics between competition law enforcement and the policy goal of an international aviation hub in three East Asian competition jurisdictions: Singapore, Korea, and Hong Kong. Broadly speaking, industrial policy is one of the goals identified by some competition jurisdictions and plays an important role in enforcing competition law both explicitly and implicitly. While making an international aviation hub is a legitimate policy goal that competition law agencies can consider in their enforcement, competition law enforcers should be aware of the difference between making an international aviation hub and making a national champion airline. Although there is overlap between the two (i.e., having a competitive airline with a good network is helpful for making an aviation hub), the two are not identical and not always complementary. In keeping with the principle of competitive neutrality, this article argues that competition law enforcers should not selectively favour flag carriers when pursuing the policy goal of an international aviation hub. aviation hub, competition law, industrial policy, competitive neutrality, national champion airline, state-owned airline
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27

Furse, Mark. "UK Competition Law." Business Law Review 20, Issue 10 (October 1, 1999): 251–52. http://dx.doi.org/10.54648/bula1999073.

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Furse, Mark. "UK Competition Law." Business Law Review 20, Issue 1 (January 1, 1999): 10–13. http://dx.doi.org/10.54648/bula1999005.

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29

Furse, Mark. "Competition Law Reform." Business Law Review 16, Issue 10 (October 1, 1995): 202. http://dx.doi.org/10.54648/bula1995057.

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30

Lianos, Ioannis. "Reorienting competition law." Journal of Antitrust Enforcement 10, no. 1 (February 28, 2022): 1–31. http://dx.doi.org/10.1093/jaenfo/jnac003.

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Abstract This article explores the impact of increasing complexity, in its political, business and technological dimensions, on enforcing competition law. It particularly tackles the issue of sustainable development and the institutional reforms that need to be undertaken, the emergence of new fields of competition, such as ecosystems, and the challenges of computational competition law and economics.
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31

Joachim Jickeli. "European Competition Law." kangwon Law Review 38, no. ll (February 2013): 1–23. http://dx.doi.org/10.18215/kwlr.2013.38..1.

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32

Lianos, Ioannis. "Polycentric Competition Law." Current Legal Problems 71, no. 1 (2018): 161–213. http://dx.doi.org/10.1093/clp/cuy008.

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33

McMahon, Joe, and Robert Lane. "II. Competition Law." International and Comparative Law Quarterly 56, no. 2 (April 2007): 422–41. http://dx.doi.org/10.1093/iclq/lei171.

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The period under review (Autumn 2003–December 2006) saw in not only the expansion of the Union from 15 to 25 Member States, but also the attendant ‘big bang’, on 1 May 2004, in competition rules with the entry into operation of Regulations 1/2003 and 139/2004. The changes introduced by Regulation 1/20031—primarily abandoning the notification/authorization procedure which had obtained since 1962 in favour of a directly effective Article 81(3) and exception légale, and including further measures enabling/compelling the decentralized enforcement of Articles 81 and 82—are discussed in previous notes2 and (copiously) elsewhere, and it is not proposed to rerehearse them here. Rather, the concern is the manner in which the dust has settled, in what is, after the frenetic legislative change and the absorption of 10 new Member States into a new culture of competition, a time of consolidation.
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34

Desai, Kiran, and Mark Prinsley. "UK competition law." Learned Publishing 12, no. 4 (October 1999): 281–82. http://dx.doi.org/10.1087/09531519950145689.

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35

Newman, Karl, and Christopher Harding. "III. Competition Law." International and Comparative Law Quarterly 38, no. 3 (July 1989): 693–97. http://dx.doi.org/10.1093/iclqaj/38.3.693.

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36

Strivens, Robert. "EC competition law." Computer Law & Security Review 10, no. 3 (May 1994): 121–22. http://dx.doi.org/10.1016/0267-3649(94)90056-6.

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37

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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38

Furse, Mark. "Competition Law Choice in China." World Competition 30, Issue 2 (June 1, 2007): 323–40. http://dx.doi.org/10.54648/woco2007021.

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China is in the process of introducing a new comprehensive competition law, which will replace a disjointed and ill-enforced set of laws that apply to some, but not all, competitive constraints. In shaping its new law China has taken advice from international organisations and from regimes, notably the United States and the European Community, with mature competition law systems. This article argues that while much can be learned from such international comparisons competition law is not necessarily a standard that can be applied in a one-size-fits-all formulation to any jurisdiction, and that some sensitivity to local market conditions and economic development may be required. However, the law as presently drafted is an uneasy amalgam of competition law standards and wider political and industrial agendas. There exists a danger that the law may be inconsistent and non-transparent in application, undermining the attainment of competition objectives.
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39

Saydé, Alexandre. "One Law, Two Competitions: An Enquiry into the Contradictions of Free Movement Law." Cambridge Yearbook of European Legal Studies 13 (2011): 365–413. http://dx.doi.org/10.5235/152888712801752861.

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AbstractThe long-established contradictions of free movement law are caused by the implicit reference to two contradictory paradigms of economic integration. The first paradigm seeks to avoid the competition among private businesses being distorted by national regulations, therefore aiming at the creation of a ‘level playing field’ (regulatory neutrality paradigm). The second paradigm seeks to ensure the proper functioning of the process of competition among Member States, and accordingly aims at maximising the opportunities for ‘regulatory arbitrage’ (regulatory competition paradigm). In more detail, the tension between those two paradigms of economic integration results in three central nodes of internal market law: the eventuality of a positive harmonisation, the negative harmonisation conundrum, and the regulatory mobility dilemma. In sum, one (free movement) law is assigned the contradictory mission of ensuring the proper functioning of two competitive processes: the competition among private businesses (regulatory neutrality) and among Member States (regulatory competition).
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40

Saydé, Alexandre. "One Law, Two Competitions: An Enquiry into the Contradictions of Free Movement Law." Cambridge Yearbook of European Legal Studies 13 (2011): 365–413. http://dx.doi.org/10.1017/s1528887000002081.

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AbstractThe long-established contradictions of free movement law are caused by the implicit reference to two contradictory paradigms of economic integration. The first paradigm seeks to avoid the competition among private businesses being distorted by national regulations, therefore aiming at the creation of a ‘level playing field’ (regulatory neutrality paradigm). The second paradigm seeks to ensure the proper functioning of the process of competition among Member States, and accordingly aims at maximising the opportunities for ‘regulatory arbitrage’ (regulatory competition paradigm). In more detail, the tension between those two paradigms of economic integration results in three central nodes of internal market law: the eventuality of a positive harmonisation, the negative harmonisation conundrum, and the regulatory mobility dilemma. In sum, one (free movement) law is assigned the contradictory mission of ensuring the proper functioning of two competitive processes: the competition among private businesses (regulatory neutrality) and among Member States (regulatory competition).
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41

WONG, Chun Sang, and Sze Lam CHAN. "At the Junction of Consumer Protection: Dual Role of Data Protection in EU Competition Law." LSE Law Review 6, no. 2 (February 24, 2021): 109–26. http://dx.doi.org/10.61315/lselr.156.

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Consumer data extraction in the digital economy raises competition concerns for its potential detriments on consumer welfare. However, competition law seems to lack the normative mechanism to analyse consumer behaviours over their data. Viewing from the German competition authority’s recent attempt to incorporate data protection law into the competition law assessment, the central question for this Note is whether the courts should allow such attempt, and if so, in what ways. This Note argues that data protection law can complement competition law in protecting consumers while recognising the integrities of the respective regimes. The authors propose that data protection has a dual role to play in the competition framework under different circumstances, either as a non-price benchmark in deciding whether the conduct in question is anti-competitive, or a threshold requirement in approving pro-competitive conducts.
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42

Araujo, Romana Coêlho de, and Jorge Madeira Nogueira. "Environmental law & competition law: conflicts & complementarities from an environmental economics perspective." Direito e Desenvolvimento 11, no. 1 (July 7, 2020): 92–105. http://dx.doi.org/10.26843/direitoedesenvolvimento.v11i1.1220.

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The aim of this paper is to evaluate whether environmental restrictions or requirements are considered in competition law. Common sense conceives that a company that bears costs of complying with environmental requirements experiences increased costs and seeks to transfer it to the prices of its products. A possible consequence of this behavior is its effects upon the competitive position of the company in the market. Thus, the interface between environmental requirements and competition law is enhanced. Companies that disobeyed environmental regulations would have a hypothetical competitive advantage over companies in the same sector that obeyed it. Would this situation require (greater) oversight of compliance with environmental laws for all companies to observe and comply with such legislation? Or, alternatively, is it necessary to aggravate/mitigate penalties in competition law of those who have failed/fulfilled in environmental law? In this context, the paper focuses on the second question and investigates environmental implications of competition law. It initially shows that there is no immediate response in the specialized literature. We review legal and economic references to display arguments of those scholars who believe that a certain dialogue between the environment and competition is possible and of those scholars that, on the other hand, understand that they are elements not compatible or even conflicting. Finally, we estimate economic costs of the mutual lack of attention between these two branches of law using case studies from the Brazilian reality.
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43

MAKRIS, Stavros. "EU Competition Law as Responsive Law." Cambridge Yearbook of European Legal Studies 23 (December 2021): 228–68. http://dx.doi.org/10.1017/cel.2021.9.

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AbstractThis article proposes two broad ways to conceptualise EU competition law. EU competition law could be viewed as ‘autonomous law’ (‘AL’), namely as a closed normative system a technocratic tool consisting in a set of rules that prohibit undue restraints of trade. Or, EU competition law could be viewed as ‘responsive law’ (‘RL’), namely as a relatively open normative system and an interpretive practice that oscillates between openness and integrity. The responsiveness approach offers a compelling conceptualisation as it explains certain endogenous features of EU competition law: its fuzzy mandate, conceptually elastic vocabulary, and use of rules and standards. In addition, the responsiveness approach can clarify the role economics plays in EU competition law. It views economics as an ‘ideological science’, which, even though it cannot insulate this legal field from value disagreements and make it ‘autonomous’, it can provide a source for positive and normative interpretive statements. On this basis the responsiveness approach maintains that EU competition law is by design open—ie conceptually elastic and factually sensitive—and that its openness can enhance, but also undermine its integrity—ie its capacity to realise its objective in a rule of law compatible manner. These conflicts between openness and integrity are the cause of EU competition law's relative indeterminacy. To deal with the problem of indeterminacy, the RL approach proposes a tripartite legal-institutional modus operandi consisting in constructive interpretation, responsive enforcement, and catalytic adjudication. Hence, considering EU competition law as a form of responsive law has three major implications: first, it offers a new way for understanding how this legal field works and changes; second, it suggests a strategy for dealing with EU competition law's indeterminacy, and third it proposes a new framing for the discursive practices of EU competition law's epistemic community.
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44

T, Sukesh Roy, and Dharamveer Singh. "Critical Study of the link between Intellectual property and competition Law, with a focus on the United States, Europe, and India." Journal of Advances and Scholarly Researches in Allied Education 21, no. 5 (July 1, 2024): 395–401. https://doi.org/10.29070/t5xwbk58.

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This transnational study focuses on the US, Europe, and India to provide a critical evaluation of the global nexus between intellectual property and competition policy. The study's purpose is to look at how these two areas of law interact in order to get a better understanding of how they affect innovation, market competitiveness, and consumer welfare. Intellectual property rights are highlighted for their role in fostering innovation and creativity by providing holders with exclusive rights and monetary incentives. It does, however, recognize that exercising intellectual property rights may result in anti-competitive behaviour, limiting market access and hampering competition. Competition law, on the other hand, is handled as a means of preventing anti-competitive behaviour and guaranteeing fair competition. The goal of competition law is to provide a level playing field for new businesses. However, since IP law and competition law sometimes intersect, the issue of how far IP rights may be exploited without unnecessarily restricting competition arises.
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Zorková, Eva. "Compatibility of Terminology in Competition Law and Energy Law." European Studies 9, no. 1 (August 1, 2022): 222–33. http://dx.doi.org/10.2478/eustu-2022-0010.

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Summary Due to rapid technological development, the sector of energy law is very specific. In many aspects, energy law is strongly linked to the application of competition law rules. The aim of this paper is to evaluate the terminology used in the Czech Energy Act and its compliance with the terminology used in the Czech Act on the Protection of Competition, as well as its compliance with the EU terminology, namely the REMIT Regulation. Problems may be caused by inconsistencies in the terminology used, for example, when defining the relevant market and subsequently identifying a competitor/an undertaking with a significant market power or when deciding on offenses under the Czech Energy Act.
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Lianos, Ioannis. "Value extraction and institutions in digital capitalism: Towards a law and political economy synthesis for competition law." European Law Open 1, no. 4 (December 2022): 852–90. http://dx.doi.org/10.1017/elo.2023.2.

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AbstractThe rise of digital capitalism was marked by significant changes in the processes of value generation and capture in the economy. However, its impact on competition has only been recently explored. Taking a Law and Political Economy perspective we analyse four central developments challenging the traditional competition law framework and raising important questions regarding the broader institutional environment for the protection of competition: the transition towards financialisation and the logic of futurity, in particular in the digital economy, which gives rise to new competitive strategies of undertakings, structured around the ‘shareholder value’ principle; the extraction of economic value through new types of labour, which fall outside traditional employment relationships and hence affect the scope of competition law in the digital economy; the emergence of digital value chains that rely on multi-sided platforms and the formation of digital ecosystems, which challenge the usual focus of competition law on markets; the generation and extraction of value in the digital economy through new types of commodities and natural and artificial scarcities, that shape new social relations of production in accordance with the logic of futurity and lead to the emergence of competitive bottlenecks. Based on this analysis, we emphasize the need for a comprehensive theory-building for competition law and regulation that engages with these new processes of value generation and capture. We highlight how the underlying theories of ‘value’ and the institutional set-up have led to inequality and reduced competition. Existing institutions could not respond to these changes, which led to the initiation of significant institutional reforms. The prevailing conception of competition law had to evolve in congruence with different regulatory alternatives (a ‘toolkit’ approach). The article concludes by analysing how the emerging competition and regulatory compass for the digital economy in the European Union (EU) contributes to this dialectic between value generation/capture and institutional choice.
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Furse, Mark. "UK Competition Law: The Competition Act 1998." Business Law Review 20, Issue 4 (April 1, 1999): 95–96. http://dx.doi.org/10.54648/bula1999028.

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Colomo, Pablo Ibáñez. "Protecting the ‘Law’ in Competition Law." Journal of European Competition Law & Practice 11, no. 7 (September 2020): 333–34. http://dx.doi.org/10.1093/jeclap/lpaa074.

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Zhang, Wanchun. "The Cultivation of Competition Ability of Law Students Under the Background of New Liberal Arts." Academic Journal of Science and Technology 13, no. 1 (November 6, 2024): 232–36. http://dx.doi.org/10.54097/2585qe11.

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Law students often face an awkward situation when participating in discipline competitions: the competition of law majors is relatively low level, while the comprehensive competition of higher level is easy to make law students afraid of difficulties. These are also clearly reflected in the literature research of law competition. The background of new liberal arts puts forward higher requirements for the competition ability of law students, and also makes the traditional problems in the competition more obvious. In competition practice, the lack of competition knowledge and ability of law students formed around the baton of China National Judicial Examination is more prominent. What kind of abilities do law students need, and how to improve them? Based on the guiding practice and empirical analysis of the China University Business Elite Challenge of CCPIT, law students should be trained to acquire information ability, writing ability, expression ability and presentation ability. Therefore, multi-level practice and teaching should be driven by the comprehensive competition with the attributes of new liberal arts, schools should strengthen the recognition and reward of the competition, and teachers should pay attention to the transformation of teacher-led research advantages in the competition.
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Graham, Cosmo. "Competition Law and UK Retail Banking." World Competition 36, Issue 3 (September 1, 2013): 425–48. http://dx.doi.org/10.54648/woco2013033.

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This article examines the application of competition law and policy in the UK retail banking sector from 2000 to the present. It focuses on the control of mergers between banks, attempts by the competition authorities to improve the conditions of competition and recent developments following the report of the Independent Commission on Banking. It argues that the traditional arrangements and understandings regarding the banking industry in the UK have broken down but it is as yet unclear what will replace them. Although the competition authorities have attempted to improve the competitive conditions of retail markets, progress has been limited, in part because of market structure issues. The problem for the competition authorities has also been that important decisions are not within their control and that, in some significant cases, the government has taken decisions contrary to their advice.
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