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1
Raimondi, Andrea, Daniel Buda, Sorin Cristian Niţă, and Maria Pistalu. "Tax governance: how the EU supports third countries." Proceedings of the International Conference on Business Excellence 15, no. 1 (December 1, 2021): 982–89. http://dx.doi.org/10.2478/picbe-2021-0092.
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Abstract This paper aims to provide an analysis of the legislative framework that regulates the inclusion of clauses on good governance in tax matters, in the agreements concluded between the European Union, with its Member States, and third countries. We provide a representation of the regulatory pathway from a set of standards on tax good governance according to the principles of transparency, exchange of information and fair tax competition towards a common EU external strategy for effective taxation. Agreements that the European Union has either in place or negotiating with countries and regions around the world are an excellent tool in fighting unfair trade practices and promoting international standards on good governance in the tax area, and set the basis for a fair competition in the economy of developing countries: a strong tax administration and institutions responsible for fighting illicit financial flows in developing countries can contribute to erase poverty and inequalities while promoting good governance and state-building.
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Danilovskaia, Anna. "Criminal law protection of competition in the European Union, Germany, Great Britain and France." Юридические исследования, no. 6 (June 2020): 21–35. http://dx.doi.org/10.25136/2409-7136.2020.6.33294.
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The object of this research is competition policy and criminal law policy with regards to protection of competition in Europe that are similar to the Russian approach of countering infringement on fair competition. Legislation on competition is dynamically developing in all countries, which causes corresponding changes in their criminal law policy. For improving the effectiveness of cartel detection, many countries endorsed leniency policy for cartels, as well as make amendments to their laws due to proliferation of unfair competition, particularly on the Internet, as well irregularities in tendering. The analysis of modern sources of competition and criminal law of Germany, Great Britain and France, as the first European countries that developed the rules aimed at protection of competition, can be valuable for understanding the concept of protection of competition adopted by the world community, as well as its European model. The consists in broadening the existing knowledge on criminal law protection of competition in Europe, acquired as a result of comprehensive research of the legislations of the European Union, Germany, Great Britain and France in the area of protection of fair competition with consideration of recent amendments, including leniency policy for cartels. The author concludes that Europe has a developed criminal law mechanism for counteracting anticompetitive behavior, which is characterized by a range of prohibited acts, application of versatile criminal law measures to the persons guilty of such infringements, differentiated approach to the questions of their criminal liability, and substantial main and additional sanctions applicable to not only physical entities, but also legal entities in some countries. The obtained results can be useful in lawmaking, scientific and educational activity.
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Novikov, Vladislav Sergeevich. "International legal system for combating money laundering and unfair tax competition." Юридические исследования, no. 9 (September 2023): 40–69. http://dx.doi.org/10.25136/2409-7136.2023.9.43402.
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Worldwide efforts to eliminate bank secrecy and foster transparency in international currency flows have accelerated significantly in recent years. The identification of tax havens and potentially harmful tax practices and regimes gives rise to a considerable potential for preventing distortions and violations that could undermine the benefits of enhanced capital mobility in today’s global economy. In the light of the aforementioned, the aim of this article is to detail: 1. efforts of the Organization for Economic Cooperation and Development (OECD) to eliminate «unfair tax competition»; 2. efforts of the Financial Action Task Force on Money Laundering (FATF) to reduce international money laundering; 3. steps being taken in the European Union (EU) to combat money laundering and tax evasion. The author analyzes the OECD's efforts to create a firm international platform for global tax information exchange. The Article also touches upon the FATF initiatives to combat money laundering: a) the FATF Forty Recommendations setting out a comprehensive and consistent framework of international standards which countries should implement in order to combat money laundering and terrorist financing; b) identification of jurisdictions which have the substantial and on-going money laundering and terrorist financing risks and strategic deficiencies; c) inclusion of certain anti-money laundering recommendations applicable to business and professions beyond the financial services industry; d) ongoing investigations of compliance with the Forty Recommendations by FATF members and by other states (mutual evaluations); e) helping national governments and financial institutions to ensure adequate and accurate information on the beneficial ownership. In the last part of the Article, the author analyses enforcement measures to combat money laundering adopted in the EU that go further beyond FATF recommendations.
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Manyeruke, Charity, and Lawrence Mhandara. "Reflecting on Namibia’s Position in the European Union (EU)-Southern Africa Development Community (SADC) Economic Partnership Agreements (EPAs) Negotiations and the Lessons for Africa." Journal of Public Administration and Governance 2, no. 4 (November 20, 2012): 81. http://dx.doi.org/10.5296/jpag.v2i4.2731.
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Negotiations for Economic Partnership Agreements (EPAs) between European Union (EU) and the African Caribbean and Pacific countries (ACP) have been on the spotlight since 2002. The negotiations seek to replace the Lome Conventions which provided for a one way non-reciprocal trading regime between the EU and the ACP countries. The paper examines the position of Namibia in relation to EPAs and the lessons that Africa can derive from Namibia’s stance. Namibia which is negotiating under the Southern African Development Community (SADC) has declined to sign the Interim Partnership Agreements, besides initialing them in 2007, arguing that EPAs are not consistent with the objective of advancing African economies into competitive outfits in the global economy. Some of the sticking issues that need to be addressed concern EU’s demand for trade liberalization and a near elimination of import duty on all EU products to ACP zone. The paper argues that the major lessons for Africa are that EPA negotiations are much a political activity in as much as they involve the advancement of collective national interest by the EU. The paper therefore implores African countries to safeguard both political and economic interest in the process in the same manner as their EU counterparts are doing. Again, the paper exhorts Africa to negotiate from a position of strength and refuse to give in to unfair trade terms given the evident competition that is looming between the West and the East to partner Africa in development matters.
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Wang, Zhihao, and Jiefei Guo. "Research on Legal Protection of Geographical Indications." Learning & Education 9, no. 3 (December 29, 2020): 40. http://dx.doi.org/10.18282/l-e.v9i3.1569.
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With the development of the times, geographical indications have more and more influence on a country’s economy and culture. As a big country of geographical indication resources, China should make use of the benefits of geographical indications to promote economic and cultural development. However, due to the mixed legislative mode of Trademark Act, which includes TrademarkAct,Regulations on the protection of geographical indications andAdministrative measuresfor geographical indications of agricultural products, there are conflicts and confusion in the legal provisions, which is not conducive to the development of geographical indications in China. This paper discusses the protection mode of geographical indications in European Union, the United States and other countries, analyzes the advantages and disadvantages of special law protection, Trademark Act protection and anti-unfair competition law protection mode, and puts forward suggestions that China should adopt special law protection to make better use of China’s rich geographical indication resources in the way of strong protection.
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Miao, Wang. "Analysis of the Impact of Carbon Tariffs on China's Trade." Advances in Economics, Management and Political Sciences 79, no. 1 (April 26, 2024): 317–21. http://dx.doi.org/10.54254/2754-1169/79/20241866.
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As the impact of the financial crisis deepened, on March 17, 2009, US Energy Secretary Steven Chu prepared to impose carbon tariffs on imported goods to avoid unfair competition in the US manufacturing industry. Meanwhile, in recent years, some developed countries or regions, such as the United States and the European Union, have proposed punitive tariffs on imported products from developing countries such as China and India based on carbon content under the pretext of addressing climate change. This measure has sparked widespread international discussion. Therefore, this article takes carbon tariffs as the research object and analyzes the impact of China's carbon emissions on its export trade and the impact of international emission reduction regulations and measures on China's export trade through qualitative and quantitative analysis methods. The paper is divided into 7 chapters. Chapters 1, 2, and 3 provide explanations on the relevant concepts and development trends of carbon tariffs. Carbon tariffs are essentially border tax regulatory measures with trade protectionism attributes. Chapters 4 and 5 analyze the impact of carbon tariff policies. Chapters 6 and 7 propose corresponding strategies and suggestions based on the previous analysis.
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Ruban, L. S. "RUSSIA BETWEEN THE WEST AND THE EAST: A STUDY OF INTERNATIONAL RELATIONS BY SOCIOLOGICAL METHODS." Вестник Удмуртского университета. Социология. Политология. Международные отношения 7, no. 4 (December 27, 2023): 503–10. http://dx.doi.org/10.35634/2587-9030-2023-7-4-503-510.
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The article analyzes the international relations of the Russian Federation with the countries of the West and the East on the basis of a systematic approach using sociological methods, namely: expert surveys and express surveys in the form of interviews, participant observation, content analysis of scientific literature and publications in the media. A historical approach was also used, which made it possible to perform a comparative analysis of data presented not statically, but dynamically. The author shows the transition from cooperation between countries (Russia and the USA, European and Asian states), strengthening and interdependence between states and groups of countries, overcoming the consequences of the Cold War and strengthening the openness of the world to the growth of a new confrontation, which the collective West has gone to. Under pressure from the United States, the European Union and a number of Asian countries have undertaken a series of package sanctions against the Russian Federation in order to destroy our country's economy, undermine its security, create obstacles to obtaining new technologies and destroy production chains with foreign partners. All this became a manifestation of unfair competition on the part of the United States and was most clearly highlighted in the energy sector (oil and gas), in which America wanted to prevent Russia's hydrocarbon exports to Europe, oust our country from the energy market and seize its positions in the fuel and energy sector. By its actions against the Russian Federation, the collective West violated trade and economic relations at the global level, undermined monetary and financial interactions based on the Bretton Woods system and facilitated the transition of a number of countries to settlements in national currencies. We investigated all these diverse problems using sociological methods, and the expert assessments obtained during the interview helped to trace the dynamics of the changing situation in Russia's relations with Western and East-Asian partners in order to find optimal ways and directions of cooperation.
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Polyakova, Yulia Alekseevna. "Possible scenarios for European monetary policy in 2021." Mezhdunarodnaja jekonomika (The World Economics), no. 1 (January 1, 2021): 4–13. http://dx.doi.org/10.33920/vne-04-2101-01.
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The article analyzes the proposed directions (scenarios) of fi ne-tuning of monetary policy of the European Union and the likely consequences of global pandemic volatility. The article also points to the need to continue to reform the European monetary policy, particularly considering the role of the euro in the modern system of international fi nance, the EU debt problems and competition with the U.S. dollar. The widespread prevalence of COVID-19 and the related periods of self-isolation and lockdowns have exacerbated monetary and fi nancial problems even in the world’s leading countries such as the European Union. The solution of monetary problems in its multi-level structure is entrusted to the European Central Bank, which acts as a regional (and at the same time supranational) regulator of the monetary and fi nancial sphere at the system level. The pursued unconventional monetary policy, aimed at getting out of the prolonged recession and defl ation, is facing new challenges, including those of a global nature. Therefore, it is necessary to analyze the current situation and identify the real reasons that prevent the achievement of these goals. The author comes to conclusion that they can be classifi ed into external and internal causes, exogenous and endogenous, fundamental and force majeure. However, the coronavirus formally related to the latter, as it seems in view of the onset of the second wave and the projected third, can, to a certain extent, be considered a hybrid one, beginning to exert a comprehensive infl uence, aff ecting all spheres of human activity and certainly monetary and fi nancial sphere as well. Exchange rates are becoming more volatile, and traditional measures to regulate them are no longer eff ective. Consequently, the need to fi nd new approaches to monetary policy, especially for the European Union, with its becoming permanent debt problems, capital under-regulation and unfi nished regional currency digitalization, is becoming increasingly evident.
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Girich, Maria, Olga Magomedova, and Antonina Levashenko. "Comparative Analysis of the Legal Regulation of the Digital Platformʼs Responsibility for the Distribution of Internet Advertising." International Organisations Research Journal 18, no. 3 (October 15, 2023): 163–85. http://dx.doi.org/10.17323/1996-7845-2023-03-09.
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Digital platforms serve as an effective ground for trade in goods and services, which stimulates the development of advertising on the Internet. Platforms provide advertising spaces, connect advertising distributors and advertisers as operators of advertising networks, and collect data to provide personalized advertising and to enhance marketing efficiency. This article analyzes three aspects of the digital platformʼs responsibility in the distribution of advertising on the Internet. In the first aspect, the article compares approaches in Russia to those in foreign countries regarding the responsibility of digital platforms distributing advertisement in their capacity as advertiser or information intermediaries. In Russia (as in China), the platforms are held responsible for placing unfair advertising, because the platforms moderate such advertising. At the same time other countries (the U.S, those of the European Union (EU)) implement the principle of limited of information intermediary by publishing advertising, if the platform does not impact on the content of such advertising and does not know about the distribution of illegal advertising. In the second aspect, the article surveys the obligations of platforms for ensuring the traceability of advertising, maintaining registries with information about advertising, and ensuring compliance and organizing a risk analysis system to prevent anti-competitive and other illegal behaviour. The third aspect of the study considers the compliance of digital platforms with the regime of personal data by providing personalized advertising services. The research methods used in the work include comparative analysis of legal acts and law enforcement practice in Russia and in foreign countries, as well as analysis of recommendations of international organizations, in particular the Organisation for Economic Co-operation and Development (OECD).
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ZVERIEV, Oleh. "NATURE OF ECONOMIC SANCTIONS AND REASONS FOR THEIR APPLICATION." Economy of Ukraine 67, no. 1(746) (January 29, 2024): 40–53. http://dx.doi.org/10.15407/economyukr.2024.01.040.
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Economic sanctions are an important tool of international policy aimed at influencing countries that violate international standards or pursue aggressive policy. The essence of economic sanctions is to restrict trade, financial transactions, and investments to stimulate changes in political or economic behavior of the target country. Grounds for the application of economic sanctions may include human rights violations, annexation of territories, military aggression or other actions that contradict international norms. The international community bodies, such as the UN or the European Union, make decisions on the application of sanctions based on a joint assessment of the situation and the desire to preserve world peace and stability. The effectiveness of economic sanctions is a matter of debate, sometimes they can lead to changes in the country's policy, and sometimes they cause suffering to the population. Within the community of nations, it is important to balance the strategies of sanctions and diplomacy to achieve the desired results while maximizing the positive impact on the geopolitical situation.
At the stage of searching for widely acceptable agreements in global trade and economic relations, mutual consideration of interests becomes especially important. In modern conditions, these spheres have become the object of unprecedented politicization. Considerable attention is paid to the values of free trade, which nowadays often become hostages of trade conflicts and unfair competition. Recently, sanctions have gained an important role in international economic relations. Motives for applying sanctions, including economic ones, can be diverse and depend on various factors, the main of which are political considerations. In most cases, economic sanctions are determined by political goals that are accomplished through economic pressure.
The very term "sanctions" and their mechanism in the international sphere combine regulatory, political, and economic aspects, forming the interdisciplinary nature of this phenomenon in theoretical terms.
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SZYDŁO, Wojciech Paweł. "A refusal to grant access to a grid within the provision of crude oil transfer services as an example of a prohibited abuse of a dominant position in the EU and Polish competition law." Central and Eastern European Journal of Management and Economics 5, no. 2 (January 7, 2018): 199. http://dx.doi.org/10.29015/ceejme.627.
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Aim: The paper discusses cases in which a refusal by an energy enterprise to connect other enterprises to the network is treated as a prohibited abuse of the enterprise's dominant position and, equally, will represent behavior prohibited by art. 12 of the Treaty on the Functioning of the European Union and by art. 9 par. 2 item 2 of the Competition and Consumer Protection Law as well as legal consequences of such refusal. It is important to pinpoint such cases since the EU sectoral regulation does not provide for obligating any undertakings which manage and operate oil pipelines to enter into contracts with other undertakings such as contracts on connecting into their network or contracts on providing crude oil transfer services. Conditions for accessing oil pipelines and selling their transfer capacities are determined by the owners of the networks: private oil companies in the countries across which the pipelines are routed. These conditions are not governed by the EU law. Furthermore, the very obligation of connecting other entities to own network by energy undertakings operating in the oil transfer sector in Poland will only arise from generally applicable provisions of the Polish competition law. Design / Research methods: The purpose of the paper has been reached by conducting a doctrinal analysis of relevant provisions of Polish and EU law and an analysis of guidelines issued by the EU governing bodies. Furthermore, the research included the functional analysis method which analyses how law works in practice. Conclusions / findings: The deliberations show that a refusal to access the network will be a manifestation of a prohibited abuse of a dominant position and will be a prohibited action always when the dominant's action is harmful in terms of the allocation effectiveness. It will be particularly harmful when delivery of goods or services objectively required for effective competition on a lower level market, a discriminatory refusal which leads to elimination of an effective competition on the consequent market, a refusal leading to unfair treatment of consumers and an unjustified refusal. Originality / value of the article: The paper discusses the prerequisites which trigger the obligation to connect entities to own network by energy undertakings operating in the oil transfer sector. The obligation has a material impact on the operations of the oil transmitting undertakings, in particular on those who dominate the market. The regulatory bodies in the competition sector may classify a refusal of access to own network by other enterprises as a prohibited abuse of the dominant position, exposing such undertakings to financial consequences.Implications of the research: The research results presented in the paper may be used in decisions issued by the President of the OCCP and in judgement of Polish civil courts and EU courts. This may cause a significant change in the approach to classifying prohibited practices to prohibited behavior which represent abuse of the dominant position. The deliberations may also prompt the Polish and EU legislator to continue works on the legislation.
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Korvat, Olena. "Formation of state policy in the sphere of digital platforms and ecosystems." Law and innovations, no. 3 (43) (January 10, 2023): 83–88. http://dx.doi.org/10.37772/2518-1718-2023-3(43)-11.
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Problem setting. The scientific work is devoted to the study of directions and measures of regulation of digital platforms and digital ecosystems. The functioning of digital platforms and ecosystems has its advantages, but citizens, businesses and the state face risks of information security, inequality of relations, loss of sovereignty. That is why in countries with a developed digital economy, the issue of state regulation of platforms and ecosystems is among the priorities. For Ukraine, which is significantly lagging behind in the application of breakthrough innovations, it is important to study world experience in order to develop its own state policy. analysis of recent researches and publications. The issues of regulation of digital platforms and ecosystems are discussed in the scientific literature. In the studies of scientists, in particular, B. Chew, M. Jacobides, B. Kyra, J. Wu, a wide range of aspects are considered, such as the complexity of developing regulatory solutions in the digital economy due to constant innovations, the specifics of protecting competition, data, and human rights in digital ecosystems, the need for regular rethinking and updating of state influence approaches, the need for big data analytics by regulators to identify patterns of behavior of subjects, the feasibility of building a national digital ecosystem of state regulation. The question of the specifics of the development and implementation of an effective state policy in the field of digital ecosystems for emerging economies remains unexplored. Purpose of the research is to substantiate theoretical provisions, analyze legislation and develop practical recommendations for the formation of a state policy for the regulation of digital platforms and ecosystems in Ukraine. article’s main body. To solve the problems of the ecosystem economy, the European Union adopted a number of regulatory documents regulating the activities of digital platforms, in particular the Law on Digital Markets and the Law on Digital Services. The regulatory requirements of the EU for digital platforms are aimed at reducing the risks of monopolization, unfair competition, security of data and operations, misuse of information. Similar requirements can and should be introduced in developing countries. It is important for all countries to ensure the security and stability of a single digital ecosystem. To measure progress in achieving the EU’s digital development goals by 2030, the EU has introduced monitoring measures. On the basis of monitoring, it is expedient for each country to form state supervision over the functioning of digital ecosystems. The systematic approach to the formation of state policy is as follows. The strategic goal of regulating digital platforms and ecosystems must be aligned with national goals. The chosen goal should be decomposed by levels and directions for systematic processing and implementation of strategic decisions. Policy tasks should be defined taking into account the goals, identified weaknesses, risks and threats. conclusions and prospects for the development. States should respond to the potential and existing dangers of the ecosystem economy through the implementation of a policy for the regulation of digital platforms and ecosystems and its systematic updating. In conditions of insufficient funding and in the case of technological lag, emerging countries can implement effective low-cost public policy by implementing regulatory requirements for digital platforms, state supervision in the field of ecosystem economy, development of regulatory measures taking into account a systemic approach. The perspective of further research is the systematic analysis of risks in digital ecosystems and the development of regulatory measures for their management.
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Buck, Holger. "Unfair Competition Law: European Union and Member States." World Competition 31, Issue 2 (June 1, 2008): 327–28. http://dx.doi.org/10.54648/woco2008023.
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Stošić, Sanja. "The Cuban and the Ukrainian crisis in the light of global geopolitical dynamics." Politička revija 75, no. 1 (2023): 11–43. http://dx.doi.org/10.5937/polrev75-43195.
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Crises tend to crystallize developments in the world order and although many claim that we live in a postcolonial era, the reality is that the past is not divorced from the present. Even though the Cuban missile crisis in 1962. didn't end up in raging nuclear warfare, and to a certain degree lessened the Cold War's tensions by establishing better communication between the White House and the Kremlin, the consequences of the U.S.-Russian strategic confrontation were inherently negative, due to the fact that the Crisis actually served to stimulate an arms race competition between the U.S. and the Soviet Union, and overall, the spread of nuclear weapons. In light of this, the world has become highly unstable. First we had bipolarity, and then, after the Post-Cold War era of relative moderation in international politics, the unipolarity of American hegemony, and now, with China and America as the two main actors, the phase of emerging multipolarity has come. While in the past global peace was kept by preventing major military conflicts between great powers, nowadays, the maintenance of global security and worldwide peace requires not only containment of nuclear proliferation but also the implementation of new nuclear doctrines and policies that will diminish the roll and significance of nuclear weapons, and thus nuclear instability. At the other hand, due to its hegemonic status, the U.S. has started to arrogantly impose its interest all over the world and violate international law. Cultivating the Cold War mentality, while overriding sovereignty and interfering in international affairs of other countries, the U.S. has been using the same recipe for over a 6 decades. Within the scope of dealing with the Cuban and the Ukrainian crisis, the U.S. have used same old strategy and tactics based on subversive regime destabilization - from the imposition of pro-American regimes, unfair and forcefully imposed sanctions, proxy wars, to the creation of false narratives which divide public opinion and incite judgement of other countries, etc. Moreover, under the label of national security, human rights and democracy, since the collapse of the Soviet Union, and against Russian demands, the U.S. continued NATO expansion to the East, endangering Russian security and paving its way to Euroasia. In that sense, the Ukrainian crisis may escalate into Third World War with unpredictable global consequences, or nuclear catastrophe. However, regardless of its final outcome, the Ukrainian crises will fundamentally change the security framework of Europe and the relations between East and West. Actually, the Ukrainian war has only accelerated the change of the geopolitical landscape, which has been going through a deep transformation for a long time. Within the EU, NATO relies on its member countries contributing forces, meaning it may include traditionally neutral countries, as Sweden and Finland. Due to the intensified cooperation between Russia and China, the emerging New World Order is being born, and that world order will surely not rely on the American hegemony. The world order with dominant role of the Anglo-Saxons has suffered the dynamic loss and the time of power politics and the balance of power prevails again. In another words, the world is definitely realigning itself, and in its diplomacy, Russia has adapted to global power transition by making associations with different international actors. Overall, the actual Ukrainian crisis has not only brought radical shift in the existing world order and global geopolitical changes, but also a "global energy crisis of unprecedented depth and complexity," and collapse of today's Europe. Although for some countries Russia's invasion of Ukraine was the unexpected scenario of 2022 which has brought problems related to food and energy markets, recent events have shown that both American and the European economy have already been in relative decline. However, the true scope and depth of the Ukrainian crisis' global impact is only starting to become clear. So, we can conclude that nowadays, we face not only a crisis of enormous dimensions, but a new process of structural change whose end remains unknowable.
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Leistner, Matthias. "Unfair Competition or Consumer Protection? The Commission’s Unfair Commercial Practices Proposal 2003." Cambridge Yearbook of European Legal Studies 6 (2004): 141–76. http://dx.doi.org/10.5235/152888712802759494.
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On 18 June 2003 the Commission presented its Proposal for a Directive concerning unfair business-to-consumer commercial practices in the Internal Market (the Unfair Commercial Practices Directive). The Unfair Commercial Practices Directive Proposal is based upon the Green Paper on European Union Consumer Protection of 2001 and the reactions to this document in the consultation process as laid down in the follow-up document of 2002. The Proposal tackles the field of unfair competition law insofar as the protection of consumers is concerned.
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Leistner, Matthias. "Unfair Competition or Consumer Protection? The Commission’s Unfair Commercial Practices Proposal 2003." Cambridge Yearbook of European Legal Studies 6 (2004): 141–76. http://dx.doi.org/10.1017/s152888700000361x.
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On 18 June 2003 the Commission presented its Proposal for a Directive concerning unfair business-to-consumer commercial practices in the Internal Market (the Unfair Commercial Practices Directive). The Unfair Commercial Practices Directive Proposal is based upon the Green Paper on European Union Consumer Protection of 2001 and the reactions to this document in the consultation process as laid down in the follow-up document of 2002. The Proposal tackles the field of unfair competition law insofar as the protection of consumers is concerned.
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Frank, D. A. "EAEU - COMPETITION OR PARTNERSHIP?" Territory Development, no. 1(19) (2020): 19–22. http://dx.doi.org/10.32324/2412-8945-2020-1-19-22.
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For five years now, the Eurasian Economic Union (EAEU) has been operating in practice as an international organization whose main task is the fullfledged multilateral economic integration of the participating countries in order to improve the living standards of their population. Originating from previous agreements of the mid-crisis 90-s of the last century of the Customs Union, the Eurasian Economic Community, the EAEU is effective if equal partnership prevails over unfair competition. The article discusses the relationship of these components in the work of the EAEU and its organizations-predecessors and structures. The problem raised by the author of the article is relevant in the context of assessing the prospects and viability of the EAEU, the possibility of expansion due to new countries wishing to become partners of the Union, the effectiveness of interaction and healthy competition with other world economic communities.
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Viken, Monica. "The Borderline Between Legitimate and Unfair Copying of Products – A Unified Scandinavian Approach?" IIC - International Review of Intellectual Property and Competition Law 51, no. 9 (November 2020): 1033–61. http://dx.doi.org/10.1007/s40319-020-00986-z.
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AbstractFreedom of imitation, outside the boundaries of intellectual property protection, can be considered as a prerequisite for free competition in a free market economy. The rules on unfair competition should therefore not serve to extend exclusive rights beyond their scope and term of protection. On the other hand, regulations within national law that prohibit the unfair copying of products may be justified in order to avoid market failure, being directed towards the optimizing of fair competition among honest traders. The borderline between these two opposite positions is regulated with different approaches in the European countries. This article considers the extent to which the public interest in free competition and the protection of a trader against unfair competition function together in a complementary manner under Scandinavian legislation. In the early 1970s, the Scandinavian countries developed a distinctive approach to regulations on unfair competition under the Marketing Laws. This article undertakes an investigation of these regulations relating to the borderline between legitimate and unfair copying as of 2020, revealing the extent to which there is a unified approach to copying in Scandinavia. Differences between the regulations will have influence on the legal relationship and conflicts among traders operating in all three countries, while a unified Scandinavian approach could serve as a robust solution for navigating the borderline between legitimate and unfair copying. Such analysis might also shed light on how a Scandinavian approach fits into a broader European perspective on this borderline. Thus, the aim of this article is to analyze potential different approaches to the tension between the marketing rules outside the boundaries of intellectual property protection and the principle of legitimate copying. Examination of this borderline can be connected to how the trader’s investments and behaviour are balanced against a market-oriented approach to copying.
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Finger, Manuela, and Sandra Schmieder. "The New Law Against Unfair Competition: An Assessment." German Law Journal 6, no. 1 (January 1, 2005): 201–16. http://dx.doi.org/10.1017/s2071832200013572.
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July 8, 2004, marked a cornerstone for the German law against unfair competition. The amending Statute Against Unfair Competition (UWG 2004) came into force on that day. That day also ended a long discussion among researchers who had called for a thorough modernization of the UWG. In particular, researchers criticized the prohibitions on sales promotion; these prohibitions are now abolished. Furthermore, the new UWG addresses European Union demands for greater liberalization and consumer protection, especially with respect to the electronic communications sector. The new law is a complete reorganization of the old act of 1909. The revised UWG is much more liberal, but still guarantees a high standard of protection for consumers and competitors.
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Nitriko Puji Raharjo and Dhany Rahmawan. "KAJIAN YURIDIS TERHADAP PRAKTEK JUAL RUGI DALAM PERSAINGAN USAHA DI INDONESIA DAN DI MASYARAKAT UNI EROPA." Reformasi Hukum Trisakti 6, no. 2 (May 29, 2024): 839–49. http://dx.doi.org/10.25105/refor.v6i2.19945.
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The rule sale of goods at a price lower than their cost in Indonesia is outlined in Article 20 of Law Number 5 of 1999, which specifically addresses the Prohibition of Monopolistic Practices and Unfair Business Competition. Similarly, the European Union tackles this practice in Article 102 of the Treaty on the Functioning of the European Union (TFEU). The study used a normative legal methodology, descriptive research and relying mostly on secondary sources for information qualitative analysis and deductive reasoning to get conclusions. The result and Conclusion, this study showcases the enforcement of regulations against selling products below cost in Indonesia, particularly via the implementation of Article 20 of Law Number 5 of 1999. In Indonesia, the settlement of the problem of selling at a loss is supervised by the Business Competition Supervisory Commission (KPPU), whereas the European Union addresses it via the European Commission (EC) in compliance with the applicable selling legislation. Deficit Article 102 refers to a distinct segment or clause inside a text or legal structure. The Treaty on the Functioning of the European Union (TFEU) is a legal agreement that outlines the operational principles and rules of the European Union.
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Herasymchuk, Yelyzaveta. "Analysis of the Experience of EU and USA in the Context of Improvement of the Ukrainian Legislation on Protection Against Unfair Competition in the Sphere of Intellectual Property." Theory and Practice of Intellectual Property, no. 4 (October 19, 2022): 52–59. http://dx.doi.org/10.33731/42022.265859.
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Keywords: legislation, legal regulation, unfair competition, intellectual property,remedies, European Union
Currently, violations of intellectual property rights are widespread through the prism of distortion of economiccompetition in the market. Objects of intellectual property, such as trademarks and trade secrets, are a tool for some business entities to obtain illegal profits at the expense of the reputation of other business entities. Precisely for this reason businessentities pay attention to monitoring and preventing possible violations of their intellectual property rights on the market, and this, in turn, requires the use of effective ways of protection. That it is important to improve the legislation of Ukraine on protection against unfair competition and development of new means of combating such violations.Having analysed the system of EU legislation, it can be concluded that the regulation of protection against unfair competition at the level of the EU is still more of a framework, and requires clarifying, as well as the provision of specific liability measuresand institutional mechanisms of ensuring and control at the level of legislation of specific EU member states.In the USA on the federal level there is no special legislative act on unfair competition, but the relevant rules are part of the general antitrust legislation. From this point of view, the respective legislation of Ukraine significantly differs by availabilityof the special Law. However, in Ukraine the rules on unfair competition are also to some extent subordinated to the general rules of economic competition protection in general. Unlike Ukrainian legislation, US legislation determines an exhaustive list ofactions that constitute unfair competition and distinguishes them into unfair actions and unfair practices depending on their recurrence.
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Jovanovic, Mihailo. "Inter-state trade within the European Union." Medjunarodni problemi 57, no. 1-2 (2005): 58–70. http://dx.doi.org/10.2298/medjp0502058j.
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Trade is the most important integration link in the overall world production. After the Second World War it induced the establishment of economic integrations. In the last three decades international trade has been more dynamic than the growth of the world production. The data show that the commodity trade is the strongest component of the world purchase and sale, although the international trade in services has grown a bit faster than the commodity trade. However, the share of services in the world trade does not exceed 20 per cent. International trade has most developed among developed countries, keeping up the mutual development of foreign direct investments and know-how and technology transfer. The empirical research shows that apart from the benefits gained by capitalisation of comparative advantages the trade growth is also influenced by benefits resulting from the impact of the economy of scale, competition and spreading of knowledge. Reduction of tariff and elimination of non-tariff barriers constantly opens new opportunities to benefit from international trade in commodities and services. Commodity trade of OECD countries confirms that the volume of trade does not depend only on liberalisation of tariff and non-tariff barriers, but growth to a certain degree reflects the size of the country, geographic elements and transport costs. Therefore, the empirical works predominantly analyse the power of trade as an indicator of the manifested commodity trade, embracing the characteristics such as competition pressures, but not including some deeper political meaning. The previously mentioned factor is significant, since given the policy and competition small countries are naturally more dependent on foreign trade, although competition pressures among big countries largely result from competition inside themselves. A significant change in the trade structure has been recorded in the period of over two years. At first, intra-industrial trade became equal to traditional inter- industrial production, and afterwards it has even exceeded it. For a long time the factors of foreign trade growth have been disputable. The works of Baier and Berstrand show that income growth and reduction of customs produce the main impact on foreign trade growth. In their opinion liberalisation of trade within GATT and WTO is one of the main driving forces in international trade. Reduction of trade costs also produces some impact on foreign trade growth, while approximation of incomes is less significant. Badlinger and Breuss have explored the elements that in the last four decades of the last century made an impact on faster growth of inter-trade of EU-15 member countries. They have estimated the relative impact of the income growth, income equalisation as well reduction of tariffs and trade costs on the intra-trade of EU-15 member countries. The results show that the income growth increases by 70 per cent the intra-trade of these countries. Also, the European integration and liberalisation of GATT and WTO increase by 25 per cent the commodity intra-trade of EU-15.
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Anjos, Maria do Rosário. "Free Competition and Fiscal Policy in European Union." Journal of International Business Research and Marketing 6, no. 6 (September 2021): 25–30. http://dx.doi.org/10.18775/jibrm.1849-8558.2015.66.3004.
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Fiscal policy and the harmonization of tax laws are extremely important in order to prevent distortions of free competition in UE. The process of European Union construction is based on integration and liberalization of markets in order a loyal and free competition. This issue is really important in order to crisis superaction. In this context the fiscal policy has a very significant impact on countries economics in EU and on company’s management, especially for those most exposed to globalization. The impact of taxes on free competition, economic growth and employment is quite evident since the EU foundation. So, it would be expected a more significant progress towards fiscal harmonization among EU countries. However, until now the question of tax harmonization had no results. It remains a sensitive question in EU. Almost two decades after the entry of the Euro, after a deep economic crisis that endangered the European project, face to BREXIT, we raised some questions as base to this work: what are the political and institutional limitations to tax harmonization in EU? Why there are no further progress was made in the field of tax harmonization, at least, in company’s income? How does this affect social cohesion? What are the effects on economic and social cohesion? This study intends to reflect on the political and institutional constraints of the tax harmonization, quite necessary to the effective process of economic and social integration within the EU. As methodology, we will use a comparative study about income taxes in several EU countries and the relation to GDP, as well the deductive method to analyze the results we find and some reference studies on the subject. In conclusion, we will present the analyze the results and try to answer to these questions. With this study we pretend give a contribution in order to find an answer to the investigation questions.
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do Rosário Anjos, Maria. "Free Competition and Fiscal Policy in European Union." International Journal of Operations Management 1, no. 1 (2020): 49–56. http://dx.doi.org/10.18775/ijom.2757-0509.2020.11.4005.
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Fiscal policy and the harmonization of tax laws are extremely important in order to prevent distortions of free competition in UE. The process of European Union construction is based on integration and liberalization of markets in order a loyal and free competition. This issue is really important in order to crisis superaction. In this context the fiscal policy has a very significant impact on countries economics in EU and on company’s management, especially for those most exposed to globalization. The impact of taxes on free competition, economic growth and employment is quite evident since the EU foundation. So, it would be expected a more significant progress towards fiscal harmonization among EU countries. However, until now the question of tax harmonization had no results. It remains a sensitive question in EU. Almost two decades after the entry of the Euro, after a deep economic crisis that endangered the European project, face to BREXIT, we raised some questions as base to this work: what are the political and institutional limitations to tax harmonization in EU? Why there are no further progress was made in the field of tax harmonization, at least, in company’s income? How does this affect social cohesion? What are the effects on economic and social cohesion? This study intends to reflect on the political and institutional constraints of the tax harmonization, quite necessary to the effective process of economic and social integration within the EU. As methodology, we will use a comparative study about income taxes in several EU countries and the relation to GDP, as well the deductive method to analyze the results we find and some reference studies on the subject. In conclusion, we will present the analyze the results and try to answer to these questions. With this study we pretend give a contribution in order to find an answer to the investigation questions.
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Vasanicova, Petra, Sylvia Jencova, Beata Gavurova, and Radovan Bacik. "Coopetition of European Union Countries within Destination Management." Journal of Tourism and Services 13, no. 24 (June 30, 2022): 71–89. http://dx.doi.org/10.29036/jots.v13i24.368.
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Coopetition has been the issue of various studies in different fields, but there is a research gap in examining coopetition within the tourism sector and destination management. This paper aims to determine whether there are internally homogeneous and externally heterogeneous groups of European Union countries regarding indicators of natural and cultural resources of the Travel and Tourism Competitiveness Index (TTCI), and thus subsequently identify the importance and possibilities of competition among countries within the tourism sector. Multidimensional scaling and cluster analysis are used to verify the research hypothesis, along with ten indicators of the fourth sub-index (Natural and Cultural Resources) of TTCI. The results of the cluster analysis led to a six-group solution. Italy, Spain, and France have the best position in terms of tourism competitiveness. The results show space for competition in the international tourism market. Even though EU countries are competitors at a global level, their cooperation could be beneficial to tourism development. The findings of this study can be helpful in planning and strategy development for tourism policymakers and destination management organizations but can also be used to develop various marketing strategies. Furthermore, cooperation between destinations will support the need for strategic flexibility in the tourism sector, as the diversity of tourism attractions will increase.
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Botta, Marco. "The Challenge of Sanctioning Unfair Royalty Rate by the SEP Holder: ‘When’, ‘How’ and ‘What’." World Competition 44, Issue 1 (March 1, 2021): 3–28. http://dx.doi.org/10.54648/woco2021002.
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The holder of a Standard Essential Patent (SEP) is usually required to license its patent to any licensee on the basis of Fair and Reasonable and Non-Discriminatory (FRAND) terms. In their recent judgments in Unwired Planet and Sisvel v. Haier, the UK Supreme Court and the German Bundesgerichtshof ruled that a ‘range’, rather than a ‘single’ royalty rate, may be considered compatible with the FRAND commitment. On the other hand, a royalty rate ‘beyond the outer boundary of the range’ would not be FRAND. In addition, an ‘unfair’ royalty rate might also be regarded as an abuse of dominant position by the SEP holder, in breach of Article 102(a) Treaty of the Functioning of the European Union (TFEU). The paper analyses whether and under what circumstances Article 102(a) TFEU could be relied on by a competition authority in Europe to sanction a case of ‘unfair’ royalty rate requested by the SEP holder to its licensees. In particular, the paper assesses ‘when’ competition policy should sanction an unfair royalty rate requested by the SEP holder, ‘how’ a competition agency should analyse the case in accordance with the case law of the EU Court of Justice concerning Article 102(a) TFEU and, eventually, ‘what’ remedies the competition authority could adopt. Standard Essential Patent; royalty rate; Fair, Reasonable and Non-Discriminatory terms; unfair pricing; Article 102(a) TFEU; EU Court of Justice; United Brands test; benchmarking methods; efficiency defence; competition law remedies
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Cazorla González, María José. "Unfair commercial practices in the food supply chain." Przegląd Prawa Rolnego, no. 2(31) (December 20, 2022): 179–207. http://dx.doi.org/10.14746/ppr.2022.31.2.9.
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The aim of this article was to provide an overview of unfair market practices in the food supply chain. In order to achieve this objective relevant European Union and Spanish legal provisions were analysed. Next, successive stages of the agri-food chain and the legal forms of the protection of competition at each of these stages have been presented, followed by a postulate to implement at each of them legislative and fiscal measures that would increase the competitiveness of food producers. In this way agricultural associations could achieve a higher degree of integration and in consequence increase the bargaining power in the market, strengthening their position in the food chain.
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Sobotková, Veronika. "Revisiting the debate on harmful tax competition in the European Union." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 60, no. 4 (2012): 343–50. http://dx.doi.org/10.11118/actaun201260040343.
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Globalization leads to economic benefits for some countries but may have also many serious negative side effects for others. The increased mobility of economic activities may result in a sharp increase in tax competition between countries. On the one hand, tax competition can have desirable consequences, such as more efficiency, but on the other side it may also have undesirable or harmful consequences, such as race to the bottom. Also, the increasing using of tax havens has resulted in erosion of many countries’ tax bases. From of the point of view, there is a need to revisiting the debate on tax competition and to answer whether the tax competition is beneficial or harmful. For this reason, this paper discusses the significance of tax competition in the European Union and deals with the position of tax competition in the European Single Market. This paper discusses an economic purpose of tax competition at currently European Single Market and discusses about harmful effects of tax competition. Based on the findings in this paper the following overall conclusion is drawn. The article makes clear that Member States have a need to protect their tax bases, especially in time of economic crisis, because the foreign direct investment flows might have negative consequences on the choice of tax revenues.
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Działo, Joanna. "Tax Competition Or Tax Coordination? What Is Better For The European Union?" Comparative Economic Research. Central and Eastern Europe 18, no. 2 (June 16, 2015): 37–55. http://dx.doi.org/10.1515/cer-2015-0011.
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Tax competition is defined as the use of tax policy that will allow to maintain or increase the attractiveness of a particular territory for business location. Tax competition is used especially by the relatively under-developed countries, as foreign capital inflow gives them the possibility to implement modern technology, new management methods, or to increase exports. One of the effects of tax competition is the formation of tax havens, i.e. countries or territories offering preferential tax rates in order to gain capital from abroad. A comparative analysis of the income tax rates in the EU countries and certain tax havens shows that despite the progressive reduction of the rates of these taxes in the EU, the phenomenon of tax competition is still very strong, and the position of tax havens as countries with relatively low or very low taxes seems to be unthreatened. The question arises whether tax competition is a real problem for the EU Member States and if there exist arguments for tax harmonization, or at least tax coordination within the EU countries. The discussion in this paper suggests that the arguments for tax coordination in the EU are not yet strong enough. However, both tax competition and tax coordination have their supporters and opponents.
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Avilés Solana, Antonio. "Assessment of the tax harmonisation plan in the European Union." Semestre Económico 12, no. 2 (August 31, 2023): 34–53. http://dx.doi.org/10.26867/se.2023.v12i2.151.
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Study of Political Economy, Public Finance and European Economic Integration on the tax harmonizationplan of the European Union. It is based on the theoretical and methodological frameworks of the EconomicAnalysis of Law, in order to analyze the European tax harmonization process. In addition to analyzing ques-tions of incentives, efficiency and institutional quality, special attention is paid to the problems of attributionof powers in the European system and the different existing levels of tax pressure and effort in the MemberStates. This study will also analyze the European Commission’s latest proposal on taxation, which aims toachieve tax uniformity, combat tax abuse and put an end to unfair competition practices within the Europeaneconomic-legislative framework. These initiatives are particularly important in the current socio-economiccontext, when new ways of financing the post-Covid recovery fund, curbing the inflation that has beenlatent in recent months and dealing with the negative externalities that the conflict between Russia andUkraine may produce are being studied. All this is completed with a proposal for the feasibility of fiscalfederalism.
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Gal, Michal S. "THE CASE FOR LIMITING PRIVATE EXCESSIVE PRICING LITIGATION." Journal of Competition Law & Economics 15, no. 2-3 (June 2019): 298–326. http://dx.doi.org/10.1093/joclec/nhz015.
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ABSTRACT In the European Union, private litigation of competition law violations is in its nascence. As this article shows, excessive pricing raises strong concerns for such litigation, for three reasons: (1) the inherent difficulty of defining what constitutes an unfair price; (2) additional challenges inherent to private excessive pricing litigation, such as the need to pinpoint when exactly a price becomes unfair; and (3) the institutional features of general courts in EU member states, which are ill-suited to the required tasks. We elaborate on these concerns, pointing to four specific challenges inherent to private litigation and to three instances where a lack of sufficient economic understanding could entrap general courts (a cost trap, a fairness trap, and a monopolistic competition trap). Together, these factors create a risk of error costs much higher than any experienced so far, which could potentially reduce welfare. The article suggests some measures that can be taken to ensure that welfare is served.
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Muliani, Alisya, Sukarmi Sukarmi, and Djumikasih Djumikasih. "Reformulation of Digital Market Regulations Against Indications of Monopolistic Practices in the Digital Spaces (Indonesian Perspective)." International Journal of Business, Law, and Education 5, no. 1 (March 16, 2024): 800–810. http://dx.doi.org/10.56442/ijble.v5i1.487.
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This research aims to analyze indications of monopolistic practices in the digital space and find formulations for digital market regulation to create a fairer digital ecosystem. Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition does not yet specifically regulate the prohibition of monopolistic practices and unfair business competition in the digital space, so the incompleteness of this regulation needs to be investigated further. This research was conducted using a normative juridical approach. The results of this research show that indications of monopolistic practices in the digital space are related to the unclear categories of business actors who sell at a loss in e-commerce and the combination of social media and e-commerce. Based on these weaknesses, the author obtains a formulation based on the Digital Markets Act regulations in the European Union which creates "gatekeepers" in the digital economy to create a healthy market.
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Ripollés, Jordi, and Lidia Vidal Meliá. "Environmental Tax Convergence and Interdependence in the European Union." Revista de Economía Mundial, no. 61 (June 16, 2022): 195–213. http://dx.doi.org/10.33776/rem.v0i61.5351.
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This paper empirically analyzes the convergence and interdependence of environmental taxes in Europe from 1998 to 2018. Our results evidence a lack of European integration and reveal a group of converging countries characterized by a lowering tax burden. Moreover, a subsequent spatial regression analysis supports that the converging countries exhibit a significantly greater sensibility to the neighboring environmental tax policies, compatible with some degree of cross-country tax competition.
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Estrin, Saul. "Competition and Corporate Governance in Transition." Journal of Economic Perspectives 16, no. 1 (February 1, 2002): 101–24. http://dx.doi.org/10.1257/0895330027139.
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This paper examines the elements of institutional development critical to the enhancement of company performance in transition economies. This includes initial conditions, forms of privatization, institutional frameworks and the competitiveness of markets. Comparing empirical evidence, the paper concludes that there is a clear distinction in effectiveness of policies followed and their impact between Central Europe and CIS countries. This divergence is attributed to fundamentally different political attitudes toward reform, the need of CIS governments to gain political support for reform and as a consequence of the desire of Central European countries to join European Union.
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Zreik, Mohamad. "China and Europe in Africa: Competition or Cooperation?" Malaysian Journal of International Relations 9, no. 1 (December 30, 2021): 51–67. http://dx.doi.org/10.22452/mjir.vol9no1.3.
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This paper presents the development strategies of the European Union and China towards Africa. European development aid has always been accompanied by political and economic conditions such as adopting neoliberalist policies, democracy and regime modification. As for China, its development policies have not been conditional because it adopts the principle of non-interference in the internal affairs of other countries and a win-win strategy. The paper points to a great disparity between the Chinese and European development strategies. China represents the South-South development model, and the European Union provides the North-South development model. The development experience in Africa indicates the progress of the Chinese model and its attraction to the African governments and peoples.
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Ondrej, Blažo. "The Digital Markets acts: Between market regulation, competition rules and unfair trade practices rules." Strani pravni zivot, no. 1 (2022): 117–36. http://dx.doi.org/10.5937/spz66-34993.
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In 2020 the European Commission presented its legislative package aimed to deal with new challenges for the internal market stemming from development on digital markets and alleged abuses and anticompetitive practices therein, including the Digital Markets Act (DMA). The aim of this paper is not to evaluate content of the DMA itself, but to evaluate the position of the DMA in the context of other market sector-oriented regulations , rules on unfair trade practices, competition rules as well as fitness of legal basis and observance of rule of law safeguards. As the DMA proposal departed from competition law legal basis enshrined in Art. 101 et seq. of the Treaty on the Functioning of the European Union, it paved the way for the possibility to impose sanction under both regimes. This possibility of double sanctions and necessity for check of proportionality in all actions of the Commission as well as in imposition of fines constitute one of the most relevant shortcomings from the "constitutional" point of view of position of the DMA in the EU legal framework. As it is argued in this paper, without more synchronization with competition regulatory regimes, the DMA proposal contains elements that can, at the end of the day, diminish its legal effectiveness via subsequent judicial battles.
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Nihoul, Paul. "From Unfair Trading to Free Competition – Towards A New Organisation of Markets in the European Union." European Business Law Review 17, Issue 1 (February 1, 2006): 23–47. http://dx.doi.org/10.54648/eulr2006003.
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Herrera Anchustegui, I., and R. Gjendemsjø. "European Union ∙ Evaluating the Commission’s Proposal for a Directive on Unfair Trading Practices. Competition in Fairness?" European Competition and Regulatory Law Review 2, no. 4 (2018): 280–89. http://dx.doi.org/10.21552/core/2018/4/7.
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BOJNEC, Štefan, and Imre FERTŐ. "Determinants of agro-food trade competition of Central European countries with the European Union." China Economic Review 20, no. 2 (June 2009): 327–37. http://dx.doi.org/10.1016/j.chieco.2008.10.002.
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Laptenok, V. O. "The European Union in Global Competition of Jurisdictions." Actual Problems of Russian Law 18, no. 11 (October 16, 2023): 174–90. http://dx.doi.org/10.17803/1994-1471.2023.156.11.174-190.
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International legal regimes are a factor in regulating relationships between subjects of international relations, constructive interaction, policy coordination and resolution of contradictions. When conflicts arise, the interaction of the legal systems of states, regional associations and international organizations can be both complementary and competitive in nature, affecting the legal qualification of the parties’ actions. Competitiveness manifests itself in the interpretation of the actions of the same entities within different jurisdictions. The conflict of interests of the parties, as confirmed by examples from the contractual legal practice of relations between the EU and the USA, Canada and a number of other countries, is quite surmountable. The cluster of contradictions characterizing the current situation on the European continent gives an existential character to the search by all parties for a rational strategy for resolving the crisis. The purpose of international law is to put contradictions into the legal plane in order to avoid escalation of tension in relations between the warring parties. An objective assessment of the positions of the world centers of power and the basic legal principles that guide them in the strategy of global presence requires taking into account the problems that gave rise to the replacement of the previous attitude towards «integration of integrations» by a direct clash of the parties. A critical analysis of the key areas of the EU’s implementation of external competencies, including sanctions (implemented with varying degrees of effectiveness in recent years), is important for understanding the strategy that Brussels is implementing. The current crisis is a serious test of the EU’s resistance to stress, and of the Union’s value system for resilience in unfavorable external conditions. The subject of this paper is the real possibilities of the European Union to offer an alternative to the confrontational scenario.
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Stojanović, Boban, Zorana Kostić, and Vladan Vučić. "Alignment with EU Regulations in the Field of the Competition Policy and System of State Aid in Western Balkan Countries." Economic Themes 59, no. 2 (June 1, 2021): 173–91. http://dx.doi.org/10.2478/ethemes-2021-0010.
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Abstract The underying idea behand the foundation of the European Union is a single, integrated and competitive market. The future of the entire Western Balkans region (Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, North Macedonia and Serbia) lies within the European Union. The main purpose of this paper is to explore the multiplicative effects of the alignment of European Union regulations with the competition policy in Western Balkan countries. In addition, the paper is designed to highlight the specific issues, challenges in this field, and provides an overview of empirical trends. A combination of qualitative and quantitative approach proposes methodological framework which recognizes different economic environments and regulatory frameworks. By comparing selected economic indicators related to competiton authorities (number of staff in the national authorities, annual budget of the national authorities, number of prohibited agreements, abuse of dominant position, notification of concentrations, opinions), the authors give a reliable basis for comparative progress analysis in this filed. Using multi-criteria optimization as a key method, as well as network and input-output display, the obtained results suggest country whose competition authority is efficient frontier. The significance of this research stems from the current debate whether the harmonized competition policy should speed up and facilitate the process of the accession of new member states to the European Union.
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Sramelova, Silvia. "Gas Insulated Switchgear Cartel in the Slovak Republic." Yearbook of Antitrust and Regulatory Studies 9, no. 13 (2016): 179–89. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.13.10.
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The case of the Gas insulated switchgear (hereafter, GIS) cartel is well known to competition experts all over Europe. The cartel lasted for more than twenty years and affected competition on relevant markets in several countries. Following leniency applications submitted by one of its participants, the case was brought before several competition authorities in the European Union, including the European Commission and the Antimonopoly Office of the Slovak Republic
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Collins, Hugh. "Book Review: Unfair Competition Law European Union and Member States, Rogier W. de Vrey, Towards a European Unfair Competition Law: A clash between legal families, by Frauke Henning-Bode." Common Market Law Review 44, Issue 5 (October 1, 2007): 1560–63. http://dx.doi.org/10.54648/cola2007133.
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Horbal, Nataliya, Uliana Kohut, and Uliana Motorniuk. "Analysis of the competitiveness of the EU and its member countries." Management and Entrepreneurship in Ukraine: the stages of formation and problems of development 2021, no. 1 (June 1, 2021): 193–203. http://dx.doi.org/10.23939/smeu2021.01.193.
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With the convergence of national markets of individual countries and the revival of globalization processes, international competition is growing not only among producers of goods and services, but also among regions and countries. There are a significant number of approaches to the analysis and improvement of countries’ competitiveness. Given Ukraine’s European integration pass, we consider the EU countries to be a key benchmark for its development. The EU, as a union of democratic European countries working together for peace and prosperity, must support a high competitiveness for both the Union as a whole and its member states in the face of increasing global competition. European integration has a significant positive impact on the development and competitiveness of the EU. However, in recent decades, it has deteriorated somewhat compared to global leaders due to dynamic changes in the international environment. As shown, EU countries (primarily the Netherlands, Sweden, Denmark, Finland) occupy high positions in international rankings (Global Competitiveness Indexes of the WEF and IMD, Legatum Prosperity Index, ERT Benchmarking Report, Business Europe Reform Barometer), and especially sustainable development (SDSN Sustainable Development Index) etc. However, in a number of key areas, many EU countries and the Union generally lag behind world leaders. Today’s open and export-oriented European economy suffers from weak demand for investment and consumer goods, slow development of innovative and digital businesses etc. Instead, the EU is a global leader in achieving the goals of sustainable development. Experts primarily recommend strengthening the EU’s single market and supporting new technologies, while all European countries should increase productivity, which requires greater investment in critical infrastructure, innovative technologies, skills development and labor market efficiency. Оn the other hand, European companies should constantly take into account the global situation and dynamics and modernize their competition policy accordingly. Ukraine’s adoption of the best European experience of raising the competitiveness, taking into account the obtained conclusions, may be the subject of further research.
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Ambrosius, Gerold. "Regulierungswettbewerb im Deutschen Reich (1871–1914): Welche Erfahrungen sind für die Europäische Union relevant?" Perspektiven der Wirtschaftspolitik 5, no. 1 (February 2004): 39–58. http://dx.doi.org/10.1111/j.1468-2516.2004.00126.x.
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Abstract The question to what extent national regulations should compete or be harmonised within the European Union is important for the further process of integration. The past experiences of economically and politically integrated areas are neglected in this discussion. On the basis of an evolutionary concept of institutional competition this paper outlines how regulatory competition between the ‘Bundesstaaten’ of the German Empire of 1871 - in its political structure comparable with the European Union - and between the Empire and foreign countries performed up to First World War. The special case study deals with the regulation of food of wine, beer and meat, but the article tries to work out general hypotheses about institutional competition between different jurisdictions. Especially the limits of regulatory competition are brought out.
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RYBAK, Radosław. "Jaka jest rola Polski w kontaktach Unii Europejskiej z krajami byłego ZSRR?" Historia i Świat 3 (September 9, 2014): 331–34. http://dx.doi.org/10.34739/his.2014.03.21.
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What is the role of Poland in contacts between the European Union and the countries of the former USSR? - The work was awarded the first prize in the competition commemorating the "10th anniversary of the accession of the Republic of Poland to the European Union" announced by the Institute of History and International Relations of the University of Natural Sciences and Humanities in Siedlce.
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Grechkivskyi, V. D. "Reform of competition legislation in Ukraine." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 582–85. http://dx.doi.org/10.24144/2788-6018.2023.05.104.
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The scientific article is devoted to determining the specifics of the reform of competition legislation in Ukraine. On the path of European integration, Ukraine faces the need to reform certain spheres of state power, in particular in the area of regulation of competition law, following the example of the countries of the European Union. By signing the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their member states, on the other hand, Ukraine undertook to fulfill a number of provisions on bringing national legislation into line with the legislation of European countries. One of the directions of bringing national legislation to the legislation of European countries is the need for compliance with national legislation, in particular Article 256 of the Association Agreement, the provisions of which will be analyzed in this scientific article. In addition, the provisions of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Improving the Activities of the Antimonopoly Committee of Ukraine” dated August 9, 2023 3295IX, adopted by the Verkhovna Rada of Ukraine, will be analyzed. The article will also note that the reform of competition legislation in Ukraine consists in the implementation of this law, the provisions of which will enter into force in 2024. The article will point out the shortcomings and advantages of this Law and determine the main provisions that will ensure compliance of national competition legislation with the provisions of the Association Agreement. The specifics of the changes that will take place in the Antimonopoly Committee of Ukraine in the process of implementing the norms of the above-mentioned Law, as well as the specifics of the changes in economic procedural legal relations, will also be considered. In addition, the scientific article will reveal how the relevant law will affect the activities of the notary and the National Police in Ukraine.
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Bulgakova, Daria, and Sintija Deruma. "The liability of online intermediaries under European Union law." Kyiv-Mohyla Law and Politics Journal, no. 8-9 (December 30, 2023): 1–43. http://dx.doi.org/10.18523/kmlpj303154.2023-8-9.1-43.
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This research explores the complex and multifaceted issue of online intermediary liability. It illuminates the challenges arising from the absence of uniform regulations and the need for a collaborative system between online intermediaries and rightsholders. Specifically, the article scrutinizes the liability of online intermediaries under European Union law for violations of legal interests in online content. It strives to balance intermediary liability frameworks and fair competition, drawing attention to the relationship between specific provisions and the concurrent regime outlined in the e-Commerce Directive. Moreover, the article evaluates the consistency of liability frameworks for online intermediaries and their compliance with market functioning rules under the Trade Secrets and the Unfair Commercial Practices Directives. Furthermore, the article consults the consequences of the EU Directive on Copyright in the Digital Single Market, which holds online user-generated content platforms directly responsible for infringing content. And, unlike the original draft, the final version of this directive does not impose general monitoring obligations. Nevertheless, online intermediaries may need to implement filtering measures to avoid liability for unauthorized communication of copyright-protected works to the public. The writing also considers the impact of a prior legal framework, and the Digital Service Act established to address the issue of online intermediaries being held liable for any illegal information disseminated through their platforms. The research underscores the innovative features of the Digital Services Act, acknowledging the challenges of creating a practical legal framework striving to avoid conflicts with relevant laws. Therefore, this paper sheds light on the complex nature of online intermediary liability to the EU approach accordingly.
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Sus, M. S. "Constitutional regulation of state protection of competition in Ukraine and the member states of the European Union: a comparative analysis." Analytical and Comparative Jurisprudence, no. 3 (July 18, 2023): 93–99. http://dx.doi.org/10.24144/2788-6018.2023.03.17.
Full textAbstract:
The article is devoted to the study of constitutional regulation of state protection of competition within entrepreneurial activities in the member states of the European Union (the “EU”) and its comparison with existing regulation in the Constitution of Ukraine. The conducted analysis shows that bringing issues of competition protection to constitutional level is common for many EU member states, which indicates the trend of constitutionalization of these issues. The level of detail of constitutional regulation, as well as its subject, differs from country to country. Greater attention to competition protection issues is usually inherent in the constitutions of EU member states that have a soviet or socialist past. The common features of constitutional regulation in part of the researched issue are taking obligations to protect competition by the states and establishing prohibition / non-admission of various practices detrimental to fair and free competition, such as abuse of monopoly position, unfair competition, etc. Other competition protection measures brought to the constitutional level in the EU member states include prevention of monopolization of certain spheres of economic activity, which, as a rule, is carried out either by declaring inadmissibility of monopolization, or by regulating the procedure for establishing monopolies, in particular, via their establishment by law.A comparative analysis of provisions of constitutions of the EU member states regarding protection of competition in entrepreneurial activities with corresponding provisions of Ukrainian Constitution indicates that the best foreign approaches and practices have been implemented in the latter. It is concluded that from point of view of establishing the key fundamental principles of protection of competition by the state and possibility of relying on constitutional provisions as a means to fight against practices that encroach on functioning of free and undistorted competition on Ukrainian markets, existing provisions of Ukrainian Constitution are generally sufficient for achieving the above goals.
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Schurr, Francesco A. "The Relevance of the European Consumer Protection Law for the Development of the European Contract Law." Victoria University of Wellington Law Review 38, no. 1 (March 1, 2007): 131. http://dx.doi.org/10.26686/vuwlr.v38i1.5660.
Full textAbstract:
This paper deals with the interaction of consumer law and contract law in the European Union. Over the last two decades the European legislature has adopted many legislative measures in the field of consumer protection that were designed to strengthen the single market and to avoid distortion of competition. Thus the European legislature tried to approximate or harmonise consumer protection standards within the European Community and consequently created a new layer of supranational contract law which now coexists with the traditional national contract law regimes. The paper assesses the various types of contract law on the international, supranational and national levels and discusses the problems arising from the fact that the contract law in the European Community is so diverse. Directive 2005/29/EC on Unfair Business-to-Consumer Commercial Practices is discussed as a very prominent recent product of European Community consumer legislation. The paper points out how the development of European consumer law serves as a catalyst for the further development of a genuine European contract law.