Journal articles: 'Freedom of competition'

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Franz Peter, LANG. "SYSTEM COMPETITION: CONCEPT, PROBLEMS AND LIMITS." Herald of Kyiv National University of Trade and Economics 137, no. 3 (June 15, 2021): 18–32. http://dx.doi.org/10.31617/visnik.knute.2021(137)02.

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Features of competition between jurisdictions (states, municipalities, regions) for mobile factors (labor, investment, human capital) in the integrated world economy are considered, in which there are four freedoms (freedom of trade (mobility of goods), freedom (mobility) of services, free movement of capital) and free movement of people) are guaranteed. The main features of international rivalry in a globalized world are analyzed. Prospects for the development of states in the conditions of constitutional competition in the existing integration structures are established.

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Akman, Pınar. "The role of ‘freedom’ in EU competition law." Legal Studies 34, no. 2 (June 2014): 183–213. http://dx.doi.org/10.1111/lest.12003.

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An initial reading of EU competition law jurisprudence and literature may suggest that there might be a competition-related freedom in the EU, expressed along the lines of ‘freedom of competition’ or ‘freedom to compete’. If competition is to be protected as a ‘freedom’ rather than merely as a ‘policy’, what this freedom involves should be established. It is important to establish the role of ‘freedom’, since it has been argued that EU competition law is a product of or has been significantly influenced by ‘ordoliberalism’. Under ordoliberalism, protecting the ‘economic freedom’ of market actors is the aim of competition policy. This paper examines the entire jurisprudence of the EU Courts to establish the role of ‘freedom’ in EU competition law as perceived by the EU Courts. This inquiry establishes whether ordoliberalism has so fundamentally influenced the jurisprudence that welfare-based objectives cannot be adopted as an/the objective of EU competition law. This is the first such comprehensive study regarding ‘freedom’ in EU competition law. The paper demonstrates that there is little quantitative or qualitative support for the ordoliberal argument when one considers the relevant jurisprudence. A quantitative analysis of the case-law and in particular the historical trend raises serious doubts concerning the validity of the conventional ordoliberal-influence thesis.

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Park, Young Soo, and Sanghyun Moon. "Competition Policy between Economic Freedom and Efficiency." Ordo Economics Journal 20, no. 1 (March 31, 2017): 1–26. http://dx.doi.org/10.20436/oej.20.1.001.

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TAYLOR, ROBERT S. "Market Freedom as Antipower." American Political Science Review 107, no. 3 (July 4, 2013): 593–602. http://dx.doi.org/10.1017/s0003055413000300.

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Historically, republicans were of different minds about markets: some, such as Rousseau, reviled them, while others, like Adam Smith, praised them. The recent republican resurgence has revived this issue. Classical liberals such as Gerald Gaus contend that neorepublicanism is inherently hostile to markets, while neorepublicans like Richard Dagger and Philip Pettit reject this characterization—though with less enthusiasm than one might expect. I argue here that the right republican attitude toward competitive markets is celebratory rather than acquiescent and that republicanism demands such markets for the same reason it requires the rule of law: because both are essential institutions for protecting individuals from arbitrary interference. I reveal how competition restrains—and in the limit, even eradicates—market power and thereby helps us realize “market freedom,” i.e., freedom as nondomination in the context of economic exchange. Finally, I show that such freedom necessitates “Anglo-Nordic” economic policies.

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Hawk, Barry E. "English Competition Law Before 1900." Antitrust Bulletin 63, no. 3 (July 11, 2018): 350–74. http://dx.doi.org/10.1177/0003603x18781397.

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English competition law before 1900 developed over many centuries and reflected changes in political conditions, economic theories and social values. It mirrored the historical movements in England, from the medieval ideal of fair prices and just wages to 16th and 17th century nation-state mercantilism to the 18th and 19th century Industrial Revolution and notions of laissez faire capitalism and freedom of contract. English competition law at varying times articulated three fundamental principles: monopolies were disfavored; freedom to trade was emphasized; and fair or reasonable prices were sought. The Sherman Act truly was a watershed that significantly took a different path from English law as it had evolved. In England, legal challenges to monopolization were limited to the royal creation of monopolies and were concentrated in the 17th and early 18th centuries. A prominent element of English competition law—bans on forestalling—was repealed in the first half of the 19th century. Enforcement of English law against cartels was largely emasculated by the end of the 19th century with the ascendancy of freedom of contract and laissez faire political theory.

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Sarpong-Kumankoma, Emmanuel, Joshua Abor, Anthony Q. Q. Aboagye, and Mohammed Amidu. "Freedom, competition and bank efficiency in Sub-Saharan Africa." International Journal of Law and Management 59, no. 6 (November 13, 2017): 1359–80. http://dx.doi.org/10.1108/ijlma-11-2016-0142.

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Purpose This study aims to consider the effect of financial (banking) freedom and competition on bank efficiency. Design/methodology/approach With data from 11 Sub-Saharan African countries over the period 2006-2012, the study estimates both competition (market power) and bank cost efficiency using the same stochastic frontier framework. Subsequently, Tobit models, including instrumental variable Tobit regression, are used to assess how financial freedom affects the relationship between competition and bank efficiency. Findings The results show that increase in market power (less competition) leads to greater bank cost efficiency, but the effect is weaker with higher levels of financial freedom. This is not consistent with the quiet life hypothesis. Practical implications Policymakers usually take the view that opening up banking markets to greater competition may lead to higher efficiency. However, the results have shown that allowing banks to maintain some level of market power may be necessary to ensure banking system efficiency. Originality/value This study deepens the understanding of the inconsistent relationship between competition and bank efficiency, by using the same framework to measure both competition and efficiency, and by providing new empirical evidence on how the level of financial freedom affects this relationship.

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Sarpong-Kumankoma, Emmanuel, Joshua Abor, Anthony Quame Q. Aboagye, and Mohammed Amidu. "Freedom, competition and bank profitability in Sub-Saharan Africa." Journal of Financial Regulation and Compliance 26, no. 4 (November 12, 2018): 462–81. http://dx.doi.org/10.1108/jfrc-12-2017-0107.

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Purpose This paper aims to examine the effects of financial freedom and competition on bank profitability. Design/methodology/approach The study uses system generalized method of moments and data from 139 banks across 11 Sub-Saharan African countries during the period 2006-2012. Findings The results of the study show that higher market power (less competition) is positively related to bank profitability, but operating efficiency is a more important determinant of profitability than market power. Also, both financial freedom and economic freedom show a positive impact on bank profits. The authors find evidence that banks with higher market power operating in countries with higher freedom for banking activities are more profitable than their counterparts in countries with greater restrictions on banking activities. Practical implications The results have shown that allowing banks greater freedom to operate would enhance their performance, without necessarily damaging the economy, as operating efficiency appears to be a more important reason for the observed profitability than market power. Originality/value This study provides insight on the ambiguous relationship between competition and bank profitability by considering the moderating effect of financial freedom which has not been taken into account in previous studies.

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Wisman, Jon D. "Competition, Technology, Freedom, and the Future of the Workplace." Bulletin of Science, Technology & Society 7, no. 3-4 (August 1987): 650–54. http://dx.doi.org/10.1177/027046768700700336.

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Wisman, Jon D. "Competition, Technology, Freedom, and the Future of the Workplace." Bulletin of Science, Technology & Society 7, no. 5-6 (December 1987): 650–54. http://dx.doi.org/10.1177/0270467687007005-613.

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Manic, Bozidar, Dragana Vasiljevic-Tomic, and Ana Nikovic. "Contemporary Serbian Orthodox church architecture: Architectural competitions since 1990." Spatium, no. 35 (2016): 10–21. http://dx.doi.org/10.2298/spat1635010m.

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This paper focuses on the architectural competitions for Orthodox Christian churches in Serbia since 1990, both on the analysis of the designs submitted and the competition requirements. The first competition for an Orthodox church in Serbia after World War II was announced for Pristina in 1991. After that, competitions for the temple in Cukarica, Novi Beograd, Nis, Aleksinac and Krusevac were conducted. Thanks to the fact that architectural competitions allow a greater degree of creative freedom to the architects than regular practice, various solutions were offered, from replicas of models from architectural history and tradition to fully non-traditional proposals. Depending on the relationship to tradition, architectural design approaches can be classified into three main groups: radically modernizing, conservatively traditionalist, and compromising. Of the six competitions conducted, four churches were built, which are among the most architecturally successful newer churches in Serbia. This points to the importance of the implementation of the architectural competition in this field of architecture. The diversity of the award-winning projects shows that there is awareness of the possibility for the further development of church architecture, favouring a moderate approach.

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Akopdzhanova, M. O. "Freedom of competition as an object of criminal legal protection." Russian Journal of Legal Studies 3, no. 3 (September 15, 2016): 144–46. http://dx.doi.org/10.17816/rjls18191.

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de Vries, Sybe. "Public service, diversity and freedom of expression and competition law." ERA Forum 6, no. 1 (March 2005): 46–57. http://dx.doi.org/10.1007/s12027-005-0043-z.

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Barros, Pedro Pita. "Freedom of Services and Competition in Insurance Markets: A Note." Geneva Papers on Risk and Insurance Theory 18, no. 1 (June 1993): 93–101. http://dx.doi.org/10.1007/bf01125820.

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Barros, P. P. "Freedom of services and competition in insurance markets: a note." Insurance: Mathematics and Economics 13, no. 2 (November 1993): 166. http://dx.doi.org/10.1016/0167-6687(93)90924-e.

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Sarpong-Kumankoma, Emmanuel, Joshua Abor, Anthony Quame Q. Aboagye, and Mohammed Amidu. "Financial freedom, market power and bank margins in sub-Saharan Africa." Journal of Financial Regulation and Compliance 28, no. 2 (November 23, 2019): 283–99. http://dx.doi.org/10.1108/jfrc-05-2019-0066.

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Purpose This paper examines the effect of financial (banking) freedom and market power on bank net interest margins (NIM). Design/methodology/approach The study uses data from 11 sub-Saharan African countries over the period, 2006-2012, and the system generalized method of moments to assess how financial freedom affects the relationship between market power and bank NIM. Findings The authors find that both financial freedom and market power have positive relationships with bank NIM. However, there is some indication that the impact of market power on bank margins is sensitive to the level of financial freedom prevailing in an economy. It appears that as competition intensifies, margins of banks in freer countries are likely to reduce faster than those in areas with more restrictions. Practical implications Competition policies could be guided by the insight on how financial freedom moderates the effect of market power on bank margins. Originality/value This study provides new empirical evidence on how the level of financial freedom affects bank margins and the market power-bank margins relationship.

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Graef, Inge. "Consumer sovereignty and competition law: From personalization to diversity." Common Market Law Review 58, Issue 2 (April 1, 2021): 471–504. http://dx.doi.org/10.54648/cola2021026.

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Data-driven technologies provide businesses with ever stronger abilities to engage in behavioural manipulation, steer consumer preferences, and exploit individual vulnerabilities. The article argues that competition law needs to give more prominence to consumer sovereignty and consumers’ freedom of choice in response to the rise in personalized forms of consumer exploitation by dominant firms, whose harm goes beyond the scope of the remedies offered by data protection and consumer law. Analysing the scope to establish exploitative abuses under Article 102 TFEU, the article discusses how personalization challenges current competition concepts, and submits that competition analysis needs to be adapted at the stage of assessing abuse to address competitive harm from personalization. The article proposes recognizing “personalized exploitation” as abuse of dominance by incorporating dynamic consumer vulnerabilities into the competition analysis and by assessing anticompetitive effects against a “personalized welfare standard” of those exploited instead of against the overall consumer welfare.

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Gronow, Pekka, and Jānis Daugavietis. "Pie laika … Now is the time. The singing revolution on Latvian radio and television." Popular Music 39, no. 2 (May 2020): 270–93. http://dx.doi.org/10.1017/s0261143020000380.

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AbstractIn the Soviet Union, song competitions had an important role in presenting new artists and songs. The Mikrofona aptauja contest of Latvian radio (1968–1994) was the main forum for new Latvian pop music. It had a reputation for expressing nationalist feelings within the limits of Soviet censorship. In 1988, with the rise of new political movements in the Soviet Union, the competition became a venue for the Latvian independence movement. The winning song of 1988 was a demand for ‘freedom to the fatherland’. The competition also played a part in the rehabilitation of pre-war popular music which had been forbidden in Soviet Latvia. The paper discusses the role of journalists, politicians and songwriters in this process. After the privatisation of the economy, the song competition was taken over by private entrepreneurs, as public interest in political songs waned.

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Jaeger Junior, Augusto, and Daniela Copetti Cravo. "BRIEF ANALYSIS OF COMPETITION DEFENSE IN BRAZIL." PANORAMA OF BRAZILIAN LAW 2, no. 2 (May 26, 2018): 59–68. http://dx.doi.org/10.17768/pbl.v2i2.34383.

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The primary aim of this arcticle is to analyse the Brazilian Competition Policy System (BCPS) in terms of its design, its challenges and its evolution. Furthermore, it seeks to give an overview of the large and recent modifications experienced by the antitrust institutional and normative drawing in Brazil, which will greatly contribute to the freedom of the market and the welfare of the consumers.

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Jaeger Junior, Augusto, and Daniela Copetti Cravo. "BRIEF ANALYSIS OF COMPETITION DEFENSE IN BRAZIL." PANORAMA OF BRAZILIAN LAW 2, no. 2 (May 26, 2018): 59–68. http://dx.doi.org/10.17768/pbl.v2i2.p59-68.

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The primary aim of this arcticle is to analyse the Brazilian Competition Policy System (BCPS) in terms of its design, its challenges and its evolution. Furthermore, it seeks to give an overview of the large and recent modifications experienced by the antitrust institutional and normative drawing in Brazil, which will greatly contribute to the freedom of the market and the welfare of the consumers.

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Jaeger Junior, Augusto, and Daniela Copetti Cravo. "BRIEF ANALYSIS OF COMPETITION DEFENSE IN BRAZIL." PANORAMA OF BRAZILIAN LAW 2, no. 2 (October 8, 2014): 59–68. http://dx.doi.org/10.17768/pbl.y2.n2.p59-68.

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The primary aim of this arcticle is to analyse the Brazilian Competition Policy System (BCPS) in terms of its design, its challenges and its evolution. Furthermore, it seeks to give an overview of the large and recent modifications experienced by the antitrust institutional and normative drawing in Brazil, which will greatly contribute to the freedom of the market and the welfare of the consumers.

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Jaeger Junior, Augusto, and Daniela Copetti Cravo. "BRIEF ANALYSIS OF COMPETITION DEFENSE IN BRAZIL." PANORAMA OF BRAZILIAN LAW 2, no. 2 (May 26, 2018): 59–68. http://dx.doi.org/10.17768/pbl.y2n2.p59-68.

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The primary aim of this arcticle is to analyse the Brazilian Competition Policy System (BCPS) in terms of its design, its challenges and its evolution. Furthermore, it seeks to give an overview of the large and recent modifications experienced by the antitrust institutional and normative drawing in Brazil, which will greatly contribute to the freedom of the market and the welfare of the consumers.

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Resnick, David. "Do Bad Programs Always Drive Out Good? A Case Study in Free-Market Religious Education." Educational Evaluation and Policy Analysis 16, no. 1 (March 1994): 101–11. http://dx.doi.org/10.3102/01623737016001101.

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In the discussion of privatization of public education, there is little evidence on how competition among schools affects program quality. Jewish supplementary schooling is one network in which parents have total freedom to select the school of their choice. This article examines the dynamics of competition among four such programs during a 5-year period. Some competitive strategies reduced program demands, but others reinforced quality, though that term is problematic in this setting. The least intensive, least expensive program did not undercut the other programs in the long run, but did spur innovation. Further study of the dynamics of parental choice is warranted, focusing on denominational affiliation, cost, convenience, social factors, and quality.

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Marti, Urs. "Kapitalistische Macht und neoliberales Regieren." PROKLA. Zeitschrift für kritische Sozialwissenschaft 38, no. 151 (June 1, 2008): 289–305. http://dx.doi.org/10.32387/prokla.v38i151.475.

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Neoliberal political projects strive to discipline people according to principles of market and competition. "Governementality- studies" have contributed to a better understanding of strategies used in order to transform human beings into market actors or human capitalists. However, Foucault's idea of governmentality is problematic insofar as it is based on a too narrow conception of power and freedom. Relations of power in capitalist societies cannot be analysed without taking into account the uneven distribution of power resources - mainly of economic means - and Its negative effects on the freedom of action making possible the subjection of people to the rules of competition.

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Chirita, Anca Daniela. "Undistorted, (Un)fair Competition, Consumer Welfare and the Interpretation of Article 102 TFEU." World Competition 33, Issue 3 (September 1, 2010): 417–36. http://dx.doi.org/10.54648/woco2010036.

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This article explains the Lisbon Treaty’s provisions relating to competition policy and offers a dynamic interpretation of Article 102 Treaty on the Functioning of the European Union (TFEU), which could justify the consideration of an effects-based approach to those anti-competitive practices that are most harmful to the final consumers under the economic theory of consumer welfare. The implications of ‘consumerprotection requirements’ must shed special light on Article 12 TFEU. Therefore, this article examines the possibility of shifting the courts’ teleological interpretation of Article 102, which is based on Protocol 27’s ‘undistorted competition’, towards a legal balancing test of the Treaty’s objectives. It also highlights the interpretation of undistorted competition within the internal market and the interplay between EU ‘free’ and fair and unfair competition rules. The balance of EU competition law should, therefore, be performed between Article 119 TFEU’s free competition or economic freedom-based competition and Article 12 as ensuring a ‘high level of protection’, as embedded in the Treaty, for the final consumers. This article explains how consumer-protection requirements must be defined narrowly so that Article 12 may be applied to Article 102. Article 12 can, therefore, mandate a high level of consumer protection for the final consumers in implementing such a specific policy as the abuse of dominance.

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Hussain, Hafezali Iqbal, Sebastian Kot, Fakarudin Kamarudin, and Wong Che Mun. "The Nexus of Competition Freedom and the Efficiency of Microfinance Institutions." Journal of Competitiveness 12, no. 2 (June 30, 2020): 67–89. http://dx.doi.org/10.7441/joc.2020.02.05.

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Rasʹko, Yu. "Transformation of the principle of freedom of contract in the process of historical development." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 132–37. http://dx.doi.org/10.24144/2307-3322.2021.69.23.

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The article examines the formation of freedom of contract in the process of historical development of civil law regulation of social relations. The understanding of the essence of freedom and freedom of contract in Roman law, periods of medieval and bourgeois law, as well as in the modern period is analyzed. The purpose of restricting the freedom of contract has been studied. It has been established that in the 19th century freedom of contract became a universal principle of maintaining free competition, and in the 20th century there were processes of restricting contractual freedom, which was due to the following factors: increasing number of standard contracts, state intervention in contractual relations and consumer protection. It was found that despite the lack of legislative enshrinement of the principle of freedom of contract in the civil codes of the Soviet period, elements of dispositiveness and contractual freedom were present in civil law, which was completely natural due to the legal nature of the contract based on freedom and expression. It is substantiated that freedom of contract is both a principle and an element of the essential system of "human freedom". Freedom determines the state and capabilities of man in society, is also a fundamental value, the basis for determining the boundaries of legal regulation of civil relations. It is established that at the beginning of the XIX century freedom of contract became a legally defined universal principle of maintaining free competition and the basis of private law relations, and since the end of this century it is limited by law. Freedom of contract also allows concluding a contract that is not provided by the norms of the Central Committee of Ukraine. The position of scholars is supported that a contract that is not provided by law is a contract that is not defined by type or type. For such contracts, it is recommended to first apply the rules that define a similar type of contract (analogy of law), and in the absence - general civil law.

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Lacatus, Maria Liana, and George-Eduard Grigore. "The matching process and the implications of the competitive market system." Proceedings of the International Conference on Business Excellence 15, no. 1 (December 1, 2021): 139–49. http://dx.doi.org/10.2478/picbe-2021-0014.

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Abstract In the broad field of economic research, the process of resource allocation and the degree of manifestation of the freedom of the competitive market are relevant points of interest in order to achieve in terms of microeconomic performance. Through this work, we have proposed to investigate the extent to which competitive markets tend towards that form of perfection and what are the main challenges and implications for the market freedom. The novelty of this study counts in bringing to the forefront the match-making process, implicitly the study of the match-making market, introduced by the American economist Alvin E. Roth in 2015. In particular, it analyzes a new valence of the competitive market, the operating mechanism being aimed at highlighting a specific terminology, such as linguistic decryption of markets. This paper has extended the concept of matching, by analyzing the ethical issues involved, as well as the way in which we are witnessing a crescendo of concrete examples of the functioning of these markets. At the same time, we used the use of methodological tools specific to the analysis of statistical data on measuring the degree of competitive freedom in the main key sectors in Romania in 2015 and 2019, by applying The Aggregate Index of Competitive Pressure (AICP). The results showed the degree of openness to competition of the main sectors in Romania, as well as the fact that the matching market assumes the effective operation and manifestation of the competitive mechanism.

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Dackehag, Margareta, and Lina Maria Ellegård. "Competition, Capitation, and Coding: Do Public Primary Care Providers Respond to Increased Competition?" CESifo Economic Studies 65, no. 4 (February 20, 2019): 402–23. http://dx.doi.org/10.1093/cesifo/ifz002.

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Abstract The case for competition in health-care markets rests on economic models in which providers seek to maximize profits. However, little is known regarding how public health-care providers, who might not have a profit motive, react to increased competition from private providers. This study considers the heterogeneous effects of a primary health-care reform in a Swedish region that considerably loosened entry restrictions and increased patients’ freedom of choice, thus enabling increased competition. Our difference-in-differences analysis contrasts local markets that were affected by both entry and choice with local monopoly markets, which were unaffected by the reforms. Using detailed administrative data on all visits to public health centers in 2008–2011, we find that providers in markets with increasing competition registered more diagnoses in an administrative database, thus increasing their reimbursement per patient. Although the economic significance of the effect is small, the result suggests that public providers are indeed sensitive to competition.

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Lisenco, Vladlena. "Improving the practice of Competitive Strategies for the protection of Intellectual Property: the law and economics approach." Eastern European Journal for Regional Studies 7, no. 1 (June 2021): 173–99. http://dx.doi.org/10.53486/2537-6179.7-1.09.

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The article contains analyze of the legal regulation of the protection of intellectual property rights and practice of competitive strategies for the protection of intellectual property using best legal practices of EU countries and Eurasian Economic Union. Legal confirmation of intellectual property right, in fact, means that the state realizes the importance of culture and progress for the preservation and development of society. Protection of the results of creativity, intellectual activity is associated with the protection of individual freedom, human rights. The features of the competitive environment and competitive mechanism in the innovation economy has been analyzed as well as influence of competition on the behavior of economic agents in the innovative economic system. The paper includes analyzes the logic and economics of non-competitive behavior of companies and states in the EU single market and examines the functions of the Directorate of the European Commission for Competition. The EU competition policy tools are flexible and that they take into account the most diverse interests of the single market. The policy of the Eurasian Union as a whole is aimed at the implementation by the member states of measures in competitive policy and contributes to the launch of joint research and industrial projects, allows to increase the competitiveness of products, reduce production costs, ensure joint access to the external market.

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Tarina, Dwi Desi Yayi, and Imam Haryanto. "Review of Competition Law on Tariffs Lower Limit Indonesian Airlines." DOKTRINA: JOURNAL OF LAW 4, no. 1 (April 30, 2021): 1–15. http://dx.doi.org/10.31289/doktrina.v4i1.4124.

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The price policy is an inseparable part of business competition. The price policy is not solely related to efforts to maintain prices or even control prices at a certain level but is an effort to generate profits that are proportional to social welfare. Since the entry of business competition regulations in Indonesia, with the increase in airline business actors, the competition between them has become more profitable for consumers. With high competition and competitive prices, airlines, especially national airlines, show that the target of this airline is the middle market share. In this paper, we will discuss the determination of the lower tariffs for air transportation issued in the Regulation of the Minister of Transportation of the Republic of Indonesia and regarding its application and impact on consumers and business actors in the aspect of business competition. Research result The stipulation of the lower limit rate stipulated in the Regulation of the Minister of Transportation Number 14 of 2016 is basically against the provisions of the business competition law, particularly about the prohibition on price-fixing as regulated in Article 5 Paragraph (1) of Law No. 5/1999. The effect of Regulation of the Minister of Transportation Number 14 of 2016 on airline business actors and consumers, among others, is that the freedom of business actors to determine their fares is reduced, this results in not achieving price efficiency.

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Inogamova-Hegai, L. V. "MULTIPLICITY AND COMPETITION OF NORMS ON CRIMES AGAINST PHYSICAL FREEDOM OF PERSON." Juridical Journal of Samara University 6, no. 1 (March 25, 2020): 42. http://dx.doi.org/10.18287/2542-047x-2020-6-1-42-46.

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Zäch, Roger, and Adrian Künzler. "Efficiency or freedom to compete? Towards an axiomatic theory of competition law." Zeitschrift für Wettbewerbsrecht 7, no. 3 (August 1, 2009): 269–88. http://dx.doi.org/10.15375/zwer-2009-0301.

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Shi, Jichun. "How Chinese enterprises live in freedom, competition under the rule of law." Frontiers of Law in China 2, no. 2 (April 2007): 224–54. http://dx.doi.org/10.1007/s11463-007-0011-3.

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Żelechowski, Łukasz. "Invoking freedom of expression and freedom of competition in trade mark infringement disputes: legal mechanisms for striking a balance." ERA Forum 19, no. 1 (February 21, 2018): 115–35. http://dx.doi.org/10.1007/s12027-018-0498-3.

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SCHÜTTE, TINO. "INVESTMENT ADJUSTMENTS IN PRODUCT MARKET COMPETITION." International Journal of Innovation and Technology Management 10, no. 05 (October 2013): 1340017. http://dx.doi.org/10.1142/s0219877013400178.

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Situated in the research field of market structure and strategic behavior, a model is developed, which shows the impacts of investment adjustments on product market competition. Placed in a multi-firm multi-product setting, the consequences of decisions to split budgets in: (i) marketing and development activities and (ii) development expenditures into innovative or imitative activities is investigated. The model is validated with empirical data of the pharmaceutical industry, especially the drug market in Germany. An agent-based modeling and simulation approach is used to explain how the freedom of firms to adjust their investment according to an absolute (individual aspiration level) or relative comparison (success of competitors) can change market performance. The results show that investment strategies adjusted to the behavior of direct competitors outperforms adjustments based on individual aspiration levels.

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IWUAGWU, TOCHI EMMANUEL, JOSHUA EMEKA UMEIFEKWEM, SAMUEL NDUBUISI IGWE, OKECHUKWU KINGSLEY OFORKA, and OLUCHUKWU PRECIOUS UDEH. "Profile of sport competition anxiety trait and psychological coping skills among secondary school athletes in Enugu State, South East Nigeria." Baltic Journal of Health and Physical Activity Supplement 1, no. 2 (December 31, 2021): 75–87. http://dx.doi.org/10.29359/bjhpa.2021.suppl.2.08.

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Background: The study investigated the profile of sport competition anxiety trait and psychological coping skills (PCS) among secondary school athletes in Enugu State, South East Nigeria. Material/Methods: A total number of 420 secondary school athletes participated in a cross-sectional study. The profile of sport competition anxiety trait and psychological coping skills of the participants were measured using a 46-item questionnaire consisting of three socio-demographic factors as part I, a 15-item Sport Competition Anxiety Test (SCAT) as part II and a 28-item Athletic Coping Skills Inventory (ACSI) as part III. Mean, standard deviation and linear regressions were used for analyses. Results: The findings revealed that secondary school athletes had an average level of anxiety (mean±SD=20.79±3.776), and greater strength on psychological coping skills (mean±SD=49.92±19.20) while participating in sport competitions. Coachability, Goal setting and mental preparation, and Freedom from worry had significant association (p<.05) with athletes’ Sport Competition Anxiety. Conclusions: This research proves that increase in psychological coping skills leads to increase in athletes’ competition anxiety while participating in sport. However, sport psychologists, Physical Education teachers, games masters/mistresses and coaches in secondary schools need to acquire psychological skills through specialized seminar or expertise training so as to enable athletes to cope with sport anxiety.

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van den Bergen, Kimberley. "Advertising Restrictions versus the Freedom to Provide Services." Legal Issues of Economic Integration 41, Issue 3 (August 1, 2014): 305–14. http://dx.doi.org/10.54648/leie2014018.

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In order to protect consumers from excessive television advertising and to create a level playing field for all broadcasters within the European Union (EU), the Audiovisual Media Services Directives sets rules regarding television advertising. Stricter national rules on television advertising are permitted provided they are in compliance with Union Law. Italy used national regulation to impose different maximum transmission times for advertising on pay-TV broadcasters and free-to-air broadcasters. This case-note on SKY-Italia discusses whether the different maximum transmission times for television advertising are compatible with the general principle of equal treatment within EU law and with various fundamental freedoms of the internal market. Is it justified to restrict the freedom to provide services defined in Article 56 TFEU by the 'public interest' of consumer protection or is the national rule an example of a purely economic and political consideration resulting in a distortion of competition?

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Orjonikidze, Nino. "THE PLACE OF ECONOMIC FREEDOM IN THE ECONOMIC POLICY OF THE COUNTRY." Economic Profile 15, no. 20 (December 25, 2020): 53–61. http://dx.doi.org/10.52244/ep.2020.20.06.

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A market economy is based on economic freedom, which is revealed in freedom of choice. Choice is the main precondition for competition, and competition is the main driving force of economic development. Economic freedom contributes to the development of the economy of country and the well-being of the population the country depends on it. The International Heritage Foundation has been conducting annual surveys since 1995 on the fulfillment of these conditions in 180 countries around the world, including Georgia. The index of economic freedom in Georgia changes every year. A country is considered economically free if it does not restrict individual choice, voluntary exchange, freedom of competition. A necessary condition is the protection of private property. In an economically free society, every person has the full right, at his own discretion and in the conditions of free choice, to achieve his own goals, the state does not interfere in its activities and choices. It should be noted that economic freedom does not mean economic independence. At the present stage of society's development, the economic activities of any economic entity are so intertwined, so dynamic and in-depth, that the notion of economic independence sounds more an anachronistic than a 21st-century achievement.This applies to relations between countries, as well as relations between individuals and legal entities. Economic freedom means, above all, freedom of choice. Index of Economic Freedom (Economic Freedom of the World) is a measure of economic freedom compiled by the Heritage Foundation, a leading center for American policy research and ,,The Wall Street Journal“ . This index has been established since 1995.The world rating of "economic freedom" has a great importance in terms of further attracting investment in the country. The Index of Economic Freedom is based on ten criteria. These are: freedom of business, freedom of trade, fiscal freedom, government costs, monetary freedom, freedom of investment, financial freedom, property rights, freedom from corruption, freedom of labor. The information on the results of survey of the Heritage Foundation "Economic Freedom Index" 2020 is posted on the official website of the Ministry of Economy and Sustainable Development of Georgia, according to the survey 2020 of the "Heritage Foundation" Index of Economic Freedom " rating score of Georgia reached a historical maximum - 77.1 points, it was promoted by 4 positions in the world ranking and took the 12th position. Compared to the previous year, Georgia was promoted by 2 positions in the European region - with this result Georgia is in the 6th place among 45 countries in the European region with the status of "mostly free". Total score ofGeorgia exceeds both the regional (69.8 points) and the world average point (61.6 points). In our view, property rights are crucial in this large system of valuation. In terms of private ownership, the benefit or loss is the property of the owner, which gives him an incentive to use the resource efficiently. When a resource is transferred to collective ownership, the responsibilities are dispelled, and the different motives of the owners ultimately make the preservation and reasonable use of that resource less possible. An even worse result is achieved if the asset becomes state-owned, because then the liability for profit and loss is not dispersed but divided among different groups.There are known cases in the Czech Republic, Poland and Hungary, where after the end of socialism, the profitability of privately owned companies increased by an average of 77% in just a few years. There are many such stories in the former socialist countries, although privatization is a permanent process in developed countries as well, and the value of privately owned assets around the world has, in fact, been rising every year since the 1980s.

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Broe, Luc De, and Mélanie Massant. "Are the OECD/G20 Pillar Two GloBE-Rules Compliant with the Fundamental Freedoms?" EC Tax Review 30, Issue 3 (May 1, 2021): 86–98. http://dx.doi.org/10.54648/ecta2021011.

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In this article the authors focus on whether the Global Anti-Base Erosion (‘GloBE’) rules, as set out in an Organisation for Economic Co-Operation and Development (‘OECD’) Blueprint of October 2020, comply with the EU fundamental freedoms. This compatibility is tested in two distinct scenario’s. In the first scenario the assumption is taken that the GloBE-rules will be implemented directly by the Members States and in the second scenario the assumption is taken that the GloBE-rules will be implemented indirectly through an EU Directive. It is clear from the analysis of the first scenario that the GloBE-rules collide with the freedom of establishment. For the GloBE-rules to be fully in line with this freedom, it is recommended that they include a substance-based carve-out such like the one foreseen in Article 7(2) of the Anti-Tax Avoidance Directive (ATAD). The analysis of the second scenario, which focuses on the EU principles of subsidiarity and proportionality, shows that, even though the GloBE-rules might collide with the freedom of establishment, they could still be successfully implemented given the broad discretion that the Court of Justice of the European Union (CJEU) leaves to the Union legislature. Nonetheless, also here recommendations are made to reduce disproportionate frictions. Pillar II – GloBE – OECD – BEPS – Minimum taxation – Tax competition – European Law – Freedom of Establishment – Subsidiarity – Proportionality

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Koch, Hans-Joachim, and Moritz Reese. "Public Waste Management Services in the Internal Market – and the Interpretation of Article 106 TFEU." Journal for European Environmental & Planning Law 8, no. 1 (2011): 23–45. http://dx.doi.org/10.1163/187601011x559709.

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AbstractA matter of current dispute in the German waste-management sector is the extent to which it is permissible under EU law to restrict the market for the recovery of household waste in favour of public providers of disposal services, as is common practice in many member states. This dispute raises fundamental questions as to the relationship between the public provision of services of general interest and European competition and so concerns, in particular, the relevant rules under Article 106 TFEU. In adopting this article, the parties to the Treaty have—as will be shown below—reserved considerable freedom to exempt public services of general interest from competition and the free movement of goods. Whilst their freedom to do so may be limited under secondary legislation providing for an EU-wide competition solution, such legislation must take the form of a targeted liberalisation measure which also lays down the accompanying rules needed to guarantee a universal, reliable and affordable provision of services. The secondary EU waste legislation does not meet this requirement.

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Tian, Hai, Bo Hu, Can Yu Liu, Guo Chao Xie, and Hui Min Luo. "An Autonomous Underwater Vehicle for Competition." Applied Mechanics and Materials 380-384 (August 2013): 595–600. http://dx.doi.org/10.4028/www.scientific.net/amm.380-384.595.

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The research of this paper was derived from the small autonomous underwater vehicle (AUV)Raider well performed in the 15th International Underwater Vehicle Competition (IAUVC),San Diego. In order to improve the performance of underwater vehicle, the control system of performance motion played an important role on autonomous underwater vehicles stable motion, and the whole control system of AUV is the main point. Firstly, based on the motion equations of six degrees of freedom, the paper simplified the dynamical model reasonably in allusion; Due to the speed of Raider to find the target was very low, this paper considered the speed was approximately zero and only considered the vertical motion. Therefore, this paper established the vertical hydrodynamic model of Raider, obtaining the transfer equation of vertical motion. Through the experiment and Matlab/Simulink simulation, this paper got the actual depth of the step response curve and simulation curve, and verified the validity of the vertical hydrodynamic model and the correlation coefficient.

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Saputri, Theodora Pritadianing. "MODIFICATION OF PUBLIC CONTRACT: BETWEEN RULE OF FAIR COMPETITION AND FREEDOM OF CONTRACT PRINCIPLE." Veritas et Justitia 4, no. 2 (December 24, 2018): 333–57. http://dx.doi.org/10.25123/vej.3035.

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It is internationally accepted that public procurement procedure and public contract shall be organized in accordance with the fair competition principle and fulfil the requirement of transparency. Public procurement regulations are necessary to secure the efficient use of taxpayer resources by the government in purchasing goods, services and works from the market and to ensure fair competition among the public contract should be protected and that therefore it would be necessary to amend existing regulations which prohibit or restrict this right derived from freedom of contract. In addition, law makers should also put in place restriction with regard to corporate restructuring which main intention is to circumvent requirements of tender documents.

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Winston, Clifford, and Quentin Karpilow. "Should the US Eliminate Entry Barriers to the Practice of Law? Perspectives Shaped by Industry Deregulation." American Economic Review 106, no. 5 (May 1, 2016): 171–76. http://dx.doi.org/10.1257/aer.p20161001.

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States' requirements that lawyers obtain a license to practice law, as well as American Bar Association (ABA) regulations of legal practice, constitute barriers to entry to the legal profession. In this paper, we argue that eliminating entry barriers in legal services would generate benefits that are similar to those resulting from deregulating U.S. network industries (i.e., transportation, communications, and energy.) Specifically, prices would fall as competition from incumbent firms and new entrants intensifies; in the long run, competitive forces and operating freedom would incentivize firms to produce innovations that significantly benefit consumers and the broader economy.

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Salin, Pascal. "Vulnerability at the Heart of the Ethical Implications of New Biotechnologies." Human and Social Studies 5, no. 1 (March 1, 2016): 13–29. http://dx.doi.org/10.1515/hssr-2016-0002.

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Abstract Human activities have become more and more internationalized in the course of recent decades and globalization is a major fact of our time. Latest changes in economics, politics and technology are not always well understood and well accepted. Many people consider globalization as detrimental since it is assumed that it destroys jobs in developed countries because of the alleged competition from low-wage countries, and that it could lead to a “standardization” of lifestyles and even cultures. Some wrongly believe that given these dangers, the economic globalization should be accompanied by globalized economic policies, that actually curb freedom of trade. Our article clarifies the meaning of freedom of trade and competition, underlines the fact that there are two radically opposed approaches to integration and discusses, finally, accomplishments or projects concerning taxation, regulations, monetary integration and banking union.

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Cappelli, Riccardo, Marco Corsino, Keld Laursen, and Salvatore Torrisi. "Technological Competition & Patent Strategy: Protection, Blocking Rivals or the Freedom to Operate." Academy of Management Proceedings 2018, no. 1 (August 2018): 18067. http://dx.doi.org/10.5465/ambpp.2018.18067abstract.

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Miller, Alex, Debra S. Judge, Grace Uwingeneye, Dieudonne Ndayishimiye, Beth A. Kaplin, and Cyril C. Grueter. "Feeding competition inferred from patch depletion in a supergroup of Rwenzori black-and-white colobus monkeys (Colobus angolensis ruwenzorii) in Rwanda." Behaviour 157, no. 8-9 (September 8, 2020): 731–60. http://dx.doi.org/10.1163/1568539x-bja10022.

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Abstract Competition for food is often a cost associated with living in a group, and can occur in an indirect (scramble) or direct (contest) form. We investigated feeding competition in a supergroup of Rwenzori black-and-white colobus monkeys (Colobus angolensis ruwenzorii) in Rwanda, with the aim of establishing whether freedom from scramble competition allows these monkeys to form supergroups. We used the patch depletion method, measuring intake rate coupled with movement rate, to assess if food patches become depleted over the occupancy period. Resource depletion was evident when the colobus fed on young leaves, but not when feeding on mature leaves. Scramble competition was inferred from a negative correlation between group size and change in intake rate over patch occupancy. Between-group contest competition was inferred from displacement from patches. Although feeding competition exists for select resources, limited competition for mature leaves may enable Rwenzori colobus to live in a supergroup of hundreds of individuals in this montane forest.

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Wilke, Jan, Tatjana Pfarr, and Mandy-Deborah Möller. "Even Warriors Can be Scared: A Survey Assessing Anxiety and Coping Skills in Competitive CrossFit Athletes." International Journal of Environmental Research and Public Health 17, no. 6 (March 13, 2020): 1874. http://dx.doi.org/10.3390/ijerph17061874.

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Competition anxiety has been demonstrated to decrease sports performance while increasing burnout risk. To date, its degree in CrossFit (CF) is unknown. The present study, therefore, examines competition fear and relevant coping skills as well as potential correlates of both in individuals participating in CF events. A total of n = 79 athletes answered a battery of three questionnaires (competition fear index, athletic coping skills inventory, mindfulness attention awareness scale). Substantial levels of anxiety, particularly regarding the somatic dimension of the competition fear index, were reported. The most pronounced coping skill was freedom of worry. While age or level of competition showed no/very small associations with survey data, sex was correlated to the psychological characteristics: women reported higher competition fears and lower coping skill levels (p > 0.05). Competition fears are highly prevalent in CF athletes and the preventive value of population-specific interventions, particularly in females, should be investigated in future trials.

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Coyle, Thomas R., Heiner Rindermann, and Dale Hancock. "Cognitive Capitalism." Psychological Reports 119, no. 2 (July 28, 2016): 411–27. http://dx.doi.org/10.1177/0033294116659854.

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Cognitive ability stimulates economic productivity. However, the effects of cognitive ability may be stronger in free and open economies, where competition rewards merit and achievement. To test this hypothesis, ability levels of intellectual classes (top 5%) and average classes (country averages) were estimated using international student assessments (Programme for International Student Assessment; Trends in International Mathematics and Science Study; and Progress in International Reading Literacy Study) ( N = 99 countries). The ability levels were correlated with indicators of economic freedom (Fraser Institute), scientific achievement (patent rates), innovation (Global Innovation Index), competitiveness (Global Competitiveness Index), and wealth (gross domestic product). Ability levels of intellectual and average classes strongly predicted all economic criteria. In addition, economic freedom moderated the effects of cognitive ability (for both classes), with stronger effects at higher levels of freedom. Effects were particularly robust for scientific achievements when the full range of freedom was analyzed. The results support cognitive capitalism theory: cognitive ability stimulates economic productivity, and its effects are enhanced by economic freedom.

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Mylonakis, John. "Services in the European Single Market and in World Trade: Country Implementation Barriers." Journal of Public Administration and Governance 12, no. 1 (February 17, 2022): 106. http://dx.doi.org/10.5296/jpag.v12i1.19561.

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The Services sector has been the backbone of the global economy and the most dynamic player in international trade. Trade in Services helps to develop countries' economies, increases competition, and promotes the personal skills of employees. The European Single Market is a cornerstone of the European Union, being the single space within which economic growth factors move freely and unhindered. The scope of this paper is to connect these social and economic factors and to show on the one hand the expected benefits from a single market and on the other the chaotic difficulties emerging from its implementation in many member countries. The Covid-19 pandemic highlighted weaknesses in the functioning of the European Single Market. It is worth mentioning the fact that the Services Directive is the most important step towards achieving a Single Market as it ensures that both service providers and recipients of services can more easily benefit from fundamental freedoms of the European Union, such as freedom of establishment and freedom to provide services to cross-border level.

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Witt, Anne C. "The European Court of Justice and the More Economic Approach to EU Competition Law—Is the Tide Turning?" Antitrust Bulletin 64, no. 2 (June 2019): 172–213. http://dx.doi.org/10.1177/0003603x19844637.

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In the late 1990s, the European Commission embarked on a mission to bring EU competition policy more into line with contemporary economic theory. Over a period of ten years, it systematically revised key legal concepts of all three pillars of EU competition law. Most importantly, it adopted the consumer welfare aim, revised its understanding of competitive harm and countervailing effects accordingly, and committed itself to carrying out more in-depth assessments of the investigated conduct’s effects instead of relying on form-based presumptions of illegality. Initially, many tenets of the more economic approach were in conflict with the case law of the European Court of Justice, which had a broader understanding of the aims of EU competition law. However, after a few initial set-backs for the Commission, several recent judgments in cases such as MEO, Intel, Post Danmark I, and Cartes Bancaires suggest that the Court’s understanding of EU competition law is evolving and that it is willing to embrace at least a few of the Commission’s revised principles. In particular, it is adopting a more effects-based approach to assessing business conduct and is cautiously curbing its former concept of harm in exclusionary situations. At the same time, however, it continues to adhere to many of its former freedom- and fairness-based principles, so that a number of uncertainties and inconsistencies remain.

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Journal articles on the topic 'Freedom of competition'

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