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Zhang, Cheng, Xiaoting Lin, Qian Zhao, Yakun Wang, Fangli Jiang, Congcong Ji, Yanyan Li, Jing Gao, Jian Li et Lin Shen. « YARS as an oncogenic protein that promotes gastric cancer progression through activating PI3K-Akt signaling ». Journal of Cancer Research and Clinical Oncology 146, no 2 (8 janvier 2020) : 329–42. http://dx.doi.org/10.1007/s00432-019-03115-7.
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Abstract Purpose Members of the aaRS (aminoacyl-tRNA synthetase) family are proteins controlling the aminoacylation process, in which YARS (tyrosyl-tRNA synthetase) catalyzes the binding of tyrosine to its cognate tRNA and plays an important role in basic biosynthesis. Several studies have demonstrated the association between YARS mutation and certain developmental abnormalities/diseases, yet YARS’s linkage with cancer remains uncategorized. In this study, by combining in silico, in vitro, and in vivo studies, we explored the expressions and functions of YARS in gastric cancer (GC). Methods We evaluated YARS’s distribution in tumor and paired normal tissues/specimens of GC by referring to large cohort online datasets and patient-derived tissue specimens. YARS-related changes were assessed by phenotypical/molecular experiments and RNA-sequencing analysis in GC cell lines harboring YARS knockdown or overexpression. Results Both the transcript and protein levels of YARS were evidently higher in gastric cancer tissues than in paired normal tissues. YARS knockdown induced repressed proliferation and invasiveness, as well as enhanced apoptosis in GC cell lines, while abnormally upregulating YARS expression promoted gastric cancer growth in vivo. We inferred based on RNA-sequencing that YARS modulates multiple cancerous signaling pathways and proved through cellular experiments that YARS promoted GC progression, as well as homologous recombination by activating PI3K-Akt signaling. Conclusions By revealing the existence of a YARS-PI3K-Akt signaling axis in gastric cancer, we discovered that tRNA synthetase YARS is a novel tumorigenic factor, characterized by its upregulation in tumor-derived specimens, as well as its functions in promoting gastric cancer progression.
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Zhou, Weixin, Jie Wang, Jie Zhang, Yuhan Wang, Ling Jiang, Tianhong Guo, Binrui Luo, Qi Xu et Yuanshuai Huang. « LncRNA NCK1-AS1 Aggravates Hepatocellular Carcinoma by the miR-22-3p/YARS Axis to Activate PI3K/AKT Signaling ». Journal of Gastrointestinal and Liver Diseases 31, no 1 (19 mars 2022) : 48–59. http://dx.doi.org/10.15403/jgld-4077.
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Background: Hepatocellular carcinoma (HCC) is frequently diagnosed at late stages when curative treatments are no more appliable. Many studies have proved the active role of long non-coding RNAs (lncRNAs) in cancers’ biology; here, the functional role of lncRNA NCK1-AS1 in HCC was identified.Methods: Gene expression in tumor tissues of HCC was evaluated by examining online databases and 88 collected HCC samples from our hospital. The interactions of miR-22-3p with NCK1-AS1 and tyrosyl-tRNA synthetase (YARS) were tested by conducting bioinformatics analysis, luciferase report, and RNA pulldown experiments. CCK-8, colony formation, flow cytometry, wound healing, transwell experiments were used to dissect the role of the NCK1-AS1/miR-22-3p/YARS axis in HCC.Results: NCK1-AS1 was overexpressed in HCC cells and tissues. Functional assays depicted that depletion of NCK1-AS1 hampered malignant character of HCC cells. NCK1-AS1 controlled the availability of miR-22-3p, resulting in YARS upregulation. YARS was found to have a clinical value for HCC diagnosis. Moreover, rescue experiments revealed that miR-22-3p inhibition or YARS overexpression partially blocked the function of NCK1-AS1 deficiency in HCC cells. As for the downstream signaling pathway, we discovered that NCK1-AS1 activated PI3K/AKT signaling by the miR-22-3p/YARS axis.Conclusion: The present study verified that NCK1-AS1 could promote HCC progression via the miR-22-3p/YARS axis to activate PI3K/AKT signaling.
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Maraj, Arianne, Domenique Sherab, Milagros Calderon-Moya et Ratna Ghosh. « The Survivors : Syrian Young Adult Refugee Experiences Navigating the Quebec Education System ». Refuge : Canada's Journal on Refugees 40, no 1 (6 juin 2024) : 1–17. http://dx.doi.org/10.25071/1920-7336.41201.
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Canada resettled over 74,000 Syrian refugees since 2015. However, education programs lack awareness needed to successfully promote refugee academic integration. Little research focuses on young adult refugees (YARs) aged out of traditional schools due to asylum displacement and disrupted education, left with adult education schools as their only alternative to complete high school. Drawing upon 29 semi-structured interviews with Syrian YARs in Montreal, findings suggest that this subgroup is unintentionally excluded by educational policy-makers. Although YARs are survivors, their drive was found to be insufficient when confronted with systemic barriers that prevent at-risk students from proceeding smoothly through school to reach their highest potential.
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James, Sigrid, Franziska A. Seidel, Juri Kilian et Julian Trostmann. « Labor Market Integration of Young Adult Refugees in Germany : Triangulating Perspectives Toward Program Development ». Research on Social Work Practice 30, no 5 (3 janvier 2020) : 553–63. http://dx.doi.org/10.1177/1049731519897301.
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This article reports on the 18-month formative evaluation of a model project aimed at preparing young adult refugees (YARs) for entry into vocational education training (VET) as an essential step toward the labor market. Qualitative methods were used to gain insight into the perspectives of YARs, program staff, and vocational instructors as well as explore program dynamics. Within a longitudinal research design, 45 qualitative semistructured interviews were conducted with 22 of 27 program participants. Additionally, program staff and vocational instructors were interviewed. Qualitative content analysis guided the analytic process. Outcome data indicated that 83.3% of program completers or 55.6% of the program participants entered a VET within the evaluation period. Triangulated qualitative data revealed relevant program processes and generated hypotheses about factors that facilitate or hinder the difficult transition for YARs. Implications for program development as well as needed structural changes are discussed.
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Ryu, Han Suk. « Tyrosine aminoacyl-tRNA synthetase sensitizes breast cancer to chemotherapy through a necroptosis-mediated mechanism. » Journal of Global Oncology 5, suppl (7 octobre 2019) : 40. http://dx.doi.org/10.1200/jgo.2019.5.suppl.40.
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40 Background: A complete response to chemotherapy for most cancer patients is, and there are many complications caused by this toxic therapy. Therefore, we sought to determine chemotherapy responses in breast cancer at the proteome level. Methods: Candidate proteins were filtered out by the proteomic-based multiple machine-learning algorithms. Results: The MS analysis of FFPE set yielded 6,069 protein groups. The filtered dataset resulted in 539 proteins with differential abundances. We searched for biological process in the Gene Ontology (GO) enrichment analysis in each proteomic cluster. Several immune responses process, apoptotic process, DNA replication process and aminoacylation for protein translation process primarily were represented in group with complete remission. On the other hand, cell adhesion process, cytoskeleton organization process, vesicle organization process and Golgi organization process represented in breast cancer which showed poor responses to the therapy. The machine learning approaches demonstrated the highest AUC value, 0.978 (sensitivity 1.0 and specificity 0.714) with a combination of 11 proteins. Among them the finally selected tyrosine aminoacyl-tRNA synthetase (YARS) showed AUC (AUC = 0.749) in the subsequent steps of verification using immunohistochemistry in 123 patient cohorts. We identified the predictive relevance of YARS. YARS induced tumor necroptosis was greatly enhanced when it was combined synergistically with a combination of SMAC mimetics and a BCL2 inhibitor. Conclusions: This suggested that YARS expression could serve as a new therapeutic target for improving the clinical benefits of chemotherapy.
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Przybylski, Jerzy. « Działalność publicystyczna, promocyjna i edukacyjna w zakresie polskiej Marynarki Wojennej oraz polityki morskiej państwa ». Studia Gdańskie. Wizje i rzeczywistość XV (15 juin 2019) : 163–81. http://dx.doi.org/10.5604/01.3001.0014.0470.
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The article presents publications on the origin, development and im-portance of naval forces and the Navy in Poland, existing and operating from the Thirteen Yars’ War to modern times. Its purpose is to organize knowledge on this subject in the marine historian community.
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Jacobsen, M., A. Fritz, R. Dhingra et R. Postle. « A Psychophysical Evaluation of the Tactile Qualities of Hand Knitting Yarns ». Textile Research Journal 62, no 10 (octobre 1992) : 557–66. http://dx.doi.org/10.1177/004051759206201001.
Texte intégralRésumé :
A technique based on the semantic differential method of attitude measurement was developed for use with consumers. Using semantic grids derived from consumer preferences, some twenty bipolar attributes pertaining to tactile qualities were evaluated for hand knitting yarns in the ball and fabric states. The yarns and the resultant fabrics used in the evaluations represent six styles of commercially marketed hand knitting yarns. Using consumer concepts of the “ideal” yarn or fabric, commercially available products may be assessed for their worth and market potential. Results indicate a significant consumer preference for yarns containing a small percentage of specialty hair fiber, pure wool, or wool rich blends. Furthermore, responses to yarns in the ball state and the fabric state differ markedly in some instances, indicating that at the point of purchase, initial impressions may prejudice purchasing decisions. From objective measures of yarn and fabric compressional properties and yarn bending properties correlated with the subjective data, a complete picture of the samples under investigation emerges. The results indicate that certain of the bipolar attributes correlate significantly with the objective measurements. This indicates that the human hand is able to detect small mechanical deformations in yams and fabrics and to label these with language constructs, thereby recognizably and meaningfully identifying characteristics of fabric hand.
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Tracewska-Siemiątkowska, Anna, Lonneke Haer-Wigman, Danielle Bosch, Deborah Nickerson, Michael Bamshad, Maartje van de Vorst, Nanna Rendtorff et al. « An Expanded Multi-Organ Disease Phenotype Associated with Mutations in YARS ». Genes 8, no 12 (11 décembre 2017) : 381. http://dx.doi.org/10.3390/genes8120381.
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Pais, Silvia. « Private Antitrust Enforcement : A New Era for Collective Redress ? » Yearbook of Antitrust and Regulatory Studies 8, no 12 (2015) : 11–32. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.1.
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It will be argued in this article that the EU Recommendation on common principles for collective redress might have limited impact on the field of competition law due to: several uncertainties regarding the legal standing in class actions; difficulties in their funding; and the risk of forum shopping with cross-border actions. Nevertheless, Belgium and Great Britain have recently introduced class actions into their national legal systems and addressed some of the difficulties which other Member States were experiencing already. It will also be suggested that the Portuguese model – the ‘Popular Action’ – and recent Portuguese practice may be considered an interesting example to follow in order to overcome some of the identified obstacles to private antitrust enforcement.
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Gvelesiani, Zurab. « Georgia’s First Steps in Competition Law Enforcement : The Role and Perspectives of the Private Enforcement Mechanism ». Yearbook of Antitrust and Regulatory Studies 8, no 12 (2015) : 215–36. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.10.
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The goal of this article is to assess the role and perspectives of the private enforcement of competition law mechanism in Georgia. The discussion starts with a brief review of a number of major events that have occurred in Georgia in the last two decades, which have shaped its competition law. The paper provides next an assessment of the current stage of the development of Georgian competition legislation, the necessity for a private enforcement model as well as the rules and legal tools offered by existing Georgian law in that regard. Outlined are also a number of challenges that must be overcome in order for Georgia to develop a successful and effective private enforcement system. The examination is based on a wide range of Georgian legislation; the interpretations provided are supported by existing enforcement practice, views of experts and scholars, research studies, reports and surveys from various national and international organizations.
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Stanikunas, Rimantas Antanas, et Arunas Burinskas. « The Interaction of Public and Private Enforcement of Competition Law in Lithuania ». Yearbook of Antitrust and Regulatory Studies 8, no 12 (2015) : 237–57. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.11.
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This paper provides a study of the interaction between public and private enforcement of Lithuanian antitrust law. The study refers to the Damages Directive. It has been found that private enforcement depends greatly on public enforcement of competition law. Therefore, their compatibility and balance are of great importance to antitrust policy. The Lithuanian NCA prioritises cases where an economic effect on competition does not have to be proven. This creates uncertainty about the outcome of private enforcement cases. Private enforcement in Lithuania is also in need of detailed rules on the identification of harm and causality. The analysis reveals how challenging it can be to estimate and prove harm or a causal link in private enforcement cases. Support from the NCA is therefore exceedingly needed. Moreover, even though the use of the leniency programme helps, it remains insufficient to solve the problem of under-deterrence. However, measures introduced by the Damages Directive do not make the leniency programme safe.
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Blažo, Ondrej. « Directive on Antitrust Damages Actions and Current Changes of Slovak Competition and Civil Law ». Yearbook of Antitrust and Regulatory Studies 8, no 12 (2015) : 259–72. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.12.
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Slovak competition law enforcement can be characterized by infrequency of leniency applications and near absence of private enforcement. As a result, the adoption of the Damages D irective is not likely to cause substantial breakthrough in Slovakia, be it with respect to the rate of leniency applications or in private enforcement. A comprehensive amendment of Slovak competition law took place in 2014. Changes introduced therein reflected, among other things, the practice of the European Commission regarding access to its file. A new approach was also introduced towards damages claims submitted against leniency applicants. The paper will first consider the question whether it is necessary to further redesign these new Slovak rules because of the adoption of the Damages Directive, or if they have been successfully pre-harmonized. Along with changes to Slovak competition law, procedural rules for civil courts were also re-codified. Hence the second part of this analysis will focus on the question if a new civil procedure framework, including obligatory harmonization, could foster private enforcement of competition law. Summarizing the resulting answers, the third question focuses on who could benefit from further changes to Slovak legislation – final consumers or enterprises that are involved in the production chain. Finally, will changes in Slovak legislation driven by the Directive be coherent with its overall legal system, or will they appear to be an odd and peculiar piece of legislation?
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Cseres, Katalin J. « Harmonising Private Enforcement of Competition Law in Central and Eastern Europe : The Effectiveness of Legal Transplants Through Consumer Collective Actions ». Yearbook of Antitrust and Regulatory Studies 8, no 12 (2015) : 33–59. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.2.
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The aim of this paper is to critically analyze the manner of harmonizing private enforcement in the EU. The paper examines the legal rules and, more importantly, the actual enforcement practice of collective consumer actions in EU Member States situated in Central and Eastern Europe (CEE). Collective actions are the key method of getting compensation for consumers who have suffered harm as a result of an anti-competitive practice. Consumer compensation has always been the core justification for the European Commission’s policy of encouraging private enforcement of competition law. In those cases where collective redress is not available to consumers, or consumers cannot apply existing rules or are unwilling to do so, then both their right to an effective remedy and the public policy goal of private enforcement remain futile. Analyzing collective compensatory actions in CEE countries (CEECs) places the harmonization process in a broader governance framework, created during their EU accession, characterized by top-down law-making and strong EU conditionality. Analyzing collective consumer actions through this ‘Europeanization’ process, and the phenomenon of vertical legal transplants, raises major questions about the effectiveness of legal transplants vis-à-vis homegrown domestic law-making processes. It also poses the question how such legal rules may depend and interact with market, constitutional and institutional reforms.
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Jurkowska-Gomułka, Agata. « How to Throw the Baby out with the Bath Water. A Few Remarks on the Currently Accepted Scope of Civil Liability for Antitrust Damages ». Yearbook of Antitrust and Regulatory Studies 8, no 12 (2015) : 61–77. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.3.
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The Damages Directive introduces the right to ‘full compensation’ and the principle of ‘joint and several liability’ for antitrust damages (Article 3(1) and Article 11(1) respectively). The Directive does not determine the type of damage that can be awarded in civil proceedings. In theory, there are thus no barriers to establish punitive, multiple or other damages. In practice, it is rather unlikely that such types of damages will be awarded after the implementation of the Directive due to the ban placed on overcompensation in its Article 2(3). This paper will try to decode the concept of ‘full compensation’ and ‘joint and several liability’ in light of the Damages Directive as well as EU jurisprudence. An adequate understanding of these terms is without a doubt one of the key preconditions of correctly implementing the Directive and, consequently, a condition for making EU (competition) law effective. While on the one hand, a limitation of the personal scope of civil liability can currently be observed in EU law (covering both legislation and case law), a broadening of its subject-matter scope is visible on the other hand. With reference to the personal scope of civil liability, the Directive itself limits the applicability of the joint and several responsibility principle towards certain categories of infringers: small & medium enterprises (Article 11(2)) and immunity recipients in leniency (Article 11(3)). Considering the subject-matter scope of civil liability, the acceptance by the Court of Justice of civil liability for the ‘price umbrella effect’ should be highlighted. In addition, the principle of the ‘passing-on defence’ can also be regarded as a manner of broadening the scope of civil liability for antitrust damage (Article 12–16). The paper will present an overview of the scope of civil liability for antitrust damages (in its personal and subject-matter dimension) in light of the Directive and EU jurisprudence. The paper’s goal is to assess if the applicable scope will in fact guarantee the effective development of private competition law enforcement in EU Member States. This assessment, as the very title of this paper suggests, will be partially critical.
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Piszcz, Anna. « Piecemeal Harmonisation Through the Damages Directive ? Remarks on What Received Too Little Attention in Relation to Private Enforcement of EU Competition Law ». Yearbook of Antitrust and Regulatory Studies 8, no 12 (2015) : 79–98. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.4.
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On 11 June 2013, the European Commission adopted a package of measures to tackle the lack of an efficient and coherent private enforcement system of EU competition law in its Member States. In particular, a draft Damages Directive was proposed in order to meet the need for a sound European approach to private enforcement of EU competition law in damages actions. The Damages Directive was ultimately adopted on 26 November 2014. This paper explores some aspects of private antitrust enforcement which have not received sufficient attention from the EU decision-makers during the long preparatory and legislative works preceding the Directive. The paper discusses also some of the remedies that have not been harmonised, and shows how these ‘gaps’ in harmonisation may limit the Directive’s expected influence on both the thinking and practice of private antitrust enforcement in Europe. It is argued in conclusion that further harmonisation may be needed in order to actually transform private enforcement of EU competition law before national courts
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Galič, Aleš. « Disclosure of Documents in Private Antitrust Enforcement Litigation ». Yearbook of Antitrust and Regulatory Studies 8, no 12 (2015) : 99–126. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.5.
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Procedural tools aimed at access to information in general, and disclosure of documents in particular, are crucial for the effectiveness of private antitrust enforcement litigation and for facilitating more genuine equality of arms. Currently, profound differences exist among EU Member States’ civil procedure laws concerning disclosure of evidence held by the opponent. The transposition of the litigation disclosure mechanism contained in the Damages Directive will undermine the existing principles of Slovenian civil procedure. However, this is due to the fact that Slovenian law is outdated with regard to evidence disclosure. Not only that, it is also partially based on an erroneous premise, typical for the traditional civil law approach, whereby the principle against self-incrimination applies in civil cases in the same way as in criminal cases. As a result, the obligatory transposition of the Directive’s requirements should be perceived as a positive step for Slovenia. Yet this step will be successful only if followed by a general reassessment of evidence disclosure rules in Slovenian civil procedure law.
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Malnar, Vlatka Butorac. « Access to Documents in Antitrust Litigation – EU and Croatian Perspective ». Yearbook of Antitrust and Regulatory Studies 8, no 12 (2015) : 127–60. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.6.
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The paper analyses access to documents in cartel-based damages cases from the EU and Croatian perspective. It considers all relevant EU and Croatian legislation and case-law primarily focusing on the expected impact of the newly enacted Damages Directive. It is argued that the new rules on access to documents provided by the Directive will not necessarily have a significant impact on damages proceedings following cartel decisions issued by the Commission. This is due to the introduction of an absolute ban on the disclosure of leniency statements and settlement submissions via a ‘maximum harmonization’ rule. This conclusion is drawn from statistic figures showing that EU cartel enforcement rests solely on the leniency and settlement procedures. With that in mind, it is concluded that the Directive’s general, permissive rules on access to documents (other than leniency and settlement procedures) will not be applicable in most damages cases following the cartel infringement decision issued by the Commission. However, it is also observed that the Damages Directive’s new rules on access to documents may have the opposite impact on private enforcement in cases following infringement decisions issued by National Competition Authorities (NCAs) which do not rely as much on leniency in their fight against cartels as the Commission. The Directive’s general rule on access to documents will apply in jurisdictions such as Croatia, where all of its cartel decisions so far have been reached within the regular procedure. It is argued that the general access rule, coupled with other rules strengthening the position of claimants in antitrust damages proceedings, might actually be beneficial for both public and private enforcement in such jurisdictions
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Gulińska, Anna. « Collecting Evidence Through Access to Competition Authorities’ Files – Interplay or Potential Conflicts Between Private and Public Enforcement Proceedings ? » Yearbook of Antitrust and Regulatory Studies 8, no 12 (2015) : 161–80. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.7.
Texte intégralRésumé :
Information asymmetry between claimants seeking damages for competition law violations and the alleged infringing undertaking(s) is a key problem in the development of private antitrust enforcement because it often prevents successful actions for damages. The Damages Directive is a step forward in the facilitation of access to evidence relevant for private action claims. Its focus lies on, inter alia, 3rd party access to files in proceedings conducted by national competition authorities (NCAs). The harmonization was triggered by the inconsistencies in European case-law and yet the uniform rules on access to documents held in NCAs’ files proposed in the Damages Directive seem to follow a very stringent approach in order to protect public competition law enforcement. The article summarizes the most relevant case-law and new provisions of the Damages Directive and presents practical issues with respect to its implementation from the Polish perspective
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Moisejevas, Raimundas. « The Damages Directive and Consensual Approach to Antitrust Enforcement ». Yearbook of Antitrust and Regulatory Studies 8, no 12 (2015) : 181–94. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.8.
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The article focuses on the novelties introduced by the Damages Directive in the field of consensual settlements of disputes concerning private enforcement. The Damages Directive obliges Member States to ensure that the limitation period for bringing an action for damages is suspended for the duration of any consensual dispute resolution process. The Directive also establishes the main principles that govern the effect of consensual settlements on subsequent actions for damages. Since the EU framework for consensual dispute resolution of private enforcement disputes is quite new, many issues must still be solved in Member States’ practice. While analysing consensual dispute resolution in private enforcement cases, particular interest should be paid to mediation and arbitration as a form of Alternative Dispute Resolution (ADR). Mediation is often used in competition law litigation. In a mediation process, parties are subject to fewer legal costs than in litigation and arbitration. It may thus be concluded that consensual dispute resolution is usually a faster way to receive compensation. However, voluntary arrangements and ADR in competition law still raise many problems concerning both procedural and substantial legal acts
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Gerasymenko, Anzhelika, et Nataliia Mazaraki. « Antitrust Damages Actions in Ukraine : Current Situation and Perspectives ». Yearbook of Antitrust and Regulatory Studies 8, no 12 (2015) : 195–213. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.9.
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The article gives an overview of Ukrainian legislation and experiences concerning antitrust damages actions. The analysis has led to a number of conclusions: private claims are rare in Ukraine due to difficulties in obtaining evidence, high legal costs, and lacking confidence in the Ukrainian court system. The paper gives examples of Ukrainian private antitrust enforcement practice and provides a statistical analysis of the dynamics of ‘compensated’ damages caused by antitrust infringements in Ukraine. The value of ‘compensated’ damages is compared to the value of the economic effect of stopping antitrust infringements, as well as to the value of the overall welfare loss deriving from market power in the national economy. Finally, some new sources of damages caused by market power are discussed considering the development perspectives of this branch of antitrust activity.
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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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Çeku, Orhan M., et Mentor Q. Shaqiri. « Anti-Competitive Agreements according to Kosovo’s Law on the Protection of Competition – Case Study of the Insurance Market ». Yearbook of Antitrust and Regulatory Studies 9, no 13 (2016) : 191–206. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.13.11.
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Competition law is an area which links the economy with the law and is very important for the functioning of a free market economy. Anti-competitive agreements, along with the abuse of dominance and concentrations of undertakings, are the subject matter of the Law on the Protection of Competition (LPC) of the Republic of Kosovo. Anti-competitive agreements can be horizontal or vertical in nature. The following paper deals with agreements and other multilateral practices prohibited under Kosovo’s Law on the Protection of Competition. The LPC explicitly states also specific circumstances where the prohibition does not apply – these are covered by the so called ‘exceptions and allowances’ section of the LPC. In this respect, the LPC has incorporated the entirety of the principles covered by Article 101 TFEU. The insurance market of the Republic of Kosovo was analyzed in the context of this case study, which has all the features of an oligopoly including: a limited number of participating firms, product standardization, interdependence in controlling prices and, difficulty of new market entry. From this perspective, the insurance market is highly problematic as far as violations of the provisions of the law dealing with anti-competitive agreements are concerned. The analysis is conducted based on the enforcement measures undertaken by the Kosovo Competition Authority and reviewed by the judiciary of the Republic of Kosovo. Taking into consideration that Kosovo is a young country facing special transitional challenges and aiming to become a member of the European Union, much needed reforms are to take place still. The aim of this analysis is thus to contribute to further development of competition law in Kosovo through the analysis of current market situation, domestic legislation and its compliance with EU rules.
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Rzotkiewicz, Marek. « National Identity as a General Principle of EU Law and its Impact on the Obligation to Recover State Aid ». Yearbook of Antitrust and Regulatory Studies 9, no 13 (2016) : 43–60. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.13.2.
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Unlike other general principles of EU law, which derive from the CJ jurisprudence, the principle of national identity is based on a clear legal provision. Article 4(2) TEU stipulates that the Union shall respect important State functions, like the territorial integrity of the State, maintaining law and order and safeguarding national security. The list of values covered by the national principle identity is open and it is for the Member State to decide what values should be protected by its national identity, while the CJ is only empowered to determine the relevance of national identity under EU law. This article analyses if the principle of national identity could influence the EC examination of State aid and if the EC should refrain from issuing an order to recover incompatible aid, if that aid was to be protected by the Member State’s national identity. There has not yet been a single judgment by the CJ on that issue and the question stays open. The analysis also focuses on the division of competences between Member States and EU institutions in carrying out that analysis, as well as on the requirements for that analysis, including the scope of an examination carried out by EU institutions.
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Nazifi, Ermal, et Petrina Broka. « Grounds for Private Enforcement of Albanian Competition Law ». Yearbook of Antitrust and Regulatory Studies 9, no 13 (2016) : 61–76. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.13.3.
Texte intégralRésumé :
Infringements of competition law can cause serious harm to both consumers and undertakings. Aside from the development of public enforcement of competition law, much focus has been placed in recent years in the European Union on private competition law enforcement. Lawsuits raised by undertakings that sustained damages from anti-competitive practice concerning the compensation of such damages have historically not been widespread in Europe. No such cases have been recorded in Albania at all yet, despite the fact that its competition protection legislation has provided this possibility since 1995. The main causes of the lack of private competition law enforcement in Albania include the absence of judicial practice and doctrinal approaches in this area. Relevant here is also the inability of Albanian businesses and consumers to react to competition protection cases as they still lack competition law knowledge and as a result of the absence of an appropriate legal framework for class actions. The scope of this article is to analyze the current situation of private competition law enforcement in Albania. The paper emphasizes the current legal framework including existing obstacles to private competition law enforcement and improvements that should be introduced in the context of its competition law, the law of civil procedures and the law of obligations.
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Aziewicz, Dariusz. « Resale Price Maintenance in Poland – Further Steps to Its Liberalization or Stuck in a Status Quo ? » Yearbook of Antitrust and Regulatory Studies 9, no 13 (2016) : 77–93. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.13.4.
Texte intégralRésumé :
Due to the recognition of their positive market effects, the evolving approach to minimum or fixed resale price maintenance (RPM) creates, in many countries, the requirement of analyzing their true economic outcomes. In the light of newest judgments delivered by the Polish Supreme Court, the purpose of this article is to analyze if it is still justified to qualify RPM as a multilateral practice that restricts competition ‘by object’ under Polish law.
26
Szwedziak-Bork, Ilona. « Energy Security as a Priority for CEE countries. Is the King Naked ? » Yearbook of Antitrust and Regulatory Studies 9, no 13 (2016) : 95–119. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.13.5.
Texte intégralRésumé :
The aim of this article is to assess the implementation process of the EU energy security policy in Central and Eastern European (CEE) countries. In the EU, energy security remains a crucial issue for European Energy Strategy, the fundamental goals of which include the security of supply, sustainability and competitiveness. Security of supply should be considered the most important aspect in this context, because it is connected to deep interdependencies between markets and economies, often based on political or even geo-political considerations. This is currently particularly noticeable, among other things, in the relations between the EU and Russia, where – in the event of any potential energy supply disturbances – some CEE countries are considered to be the most exposed. By analysing matters referred to the security of energy supplies, the article aims to determine the scope of activities undertaken by selected CEE countries which are also EU Member States in order to achieve this goal. The paper stresses the significance of cooperation by CEE countries at regional level, and focuses on initiatives and projects meant to ensure the security of their energy supplies. The conclusions of the paper assess some of the success stories as well as failures experienced by CEE countries in the process of building their energy independence.
27
Piechucka, Joanna. « Design of Regulatory Contracts – Example of the Urban Transport Industry ». Yearbook of Antitrust and Regulatory Studies 9, no 13 (2016) : 121–39. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.13.6.
Texte intégralRésumé :
The present article discusses economic issues related to the design of optimal regulatory contracts on the example of the urban public transport industry. It highlights the importance of the design of efficient regulatory contracts in the context of changes facing the urban transportation industry in the European Union. Furthermore, it provides an overview of the main issues put forward in economic literature related to the design of regulatory contracts. It discusses several problems relevant in this context such as informational asymmetries, transaction costs, and regulatory capture. It also comments on a selection of views presented in economic literature dealing with these issues. Finally, the article presents the regulatory framework, contractual practices and characteristics of the French urban public transport industry. France is well known for its long standing tradition of contracting between the State and the private sector in transportation. The analysis of the French example may help to prove useful insights in this regard.
28
Laszczyk, Anna. « What Are the Directions in the Enforcement of Polish Competition Law – Review of a Series of New Polish Soft Law Guidelines ». Yearbook of Antitrust and Regulatory Studies 9, no 13 (2016) : 141–56. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.13.7.
Texte intégralRésumé :
A recent amendment to the Act of Competition and Consumer Protection of 2007, which entered into force in January 2015, brought with it a number of changes to the Polish competition law system introducing, among other things, several new legal institutions. This development created the need to issue new soft law guidelines in order to give some clarity as to their application. At the same time, certain pre-existing soft law guidelines of the Polish Competition Authority – the President of the UOKiK – needed updating in order to make them applicable to the new legal conditions. The aforementioned legislative changes were accompanied by an official UOKiK policy statement of openness and transparency. Given this objective, the UOKiK President provided a set of best practices for the Authority, in particular as regards its relations with undertakings. The aim of this paper is to critically review the newly adopted guidelines as well as modifications made to preexisting soft laws. It emerges from this analysis that although the issuance of any sort of guidelines should be welcomed in general, since it improves legal certainty as to the Authority’s future conduct in individual cases, a number of problems remains which have not been sufficiently or in fact properly addressed.
29
Konert, Anna, et Piotr Kasprzyk. « 2015 Amendments to the Aviation Law Act ». Yearbook of Antitrust and Regulatory Studies 9, no 13 (2016) : 157–63. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.13.8.
Texte intégralRésumé :
In 2015, the Polish Parliament passed two amendments to the Act of 3 July 2002 – Aviation Law. The first of the Amendments adjusted Polish law to EU rules on air traffic flow management. The second made it possible to use military airports to perform civil aviation operations, especially flights conducted for the Polish Armed Forces. 2015 saw also the start of legislative works on a more comprehensive amendment of the Aviation Law Act. The latter are to adapt national laws to rapidly changing EU legislation, in particular in the field of aviation safety.
30
Gvelesiani, Zurab. « The First Cartel Discovered on the Georgian Market. Case Comment to the Decision of 14 July 2015 on the Car Fuel Commodity Market (Order No 81 of the Chairman of the Georgian Competition Agency) ». Yearbook of Antitrust and Regulatory Studies 9, no 13 (2016) : 165–78. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.13.9.
Texte intégralRésumé :
An oligopoly and a presumed cartel on the fuel market used to be a widely discussed issue and topic of endless speculations in Georgia for years. It was an issue frequently covered by the media, discussed by politicians, studied and analysed by the NGO sector, examined by various experts and commented on by academics. In the absence of competition rules, the fuel market was often used as proof of the unhealthy development of the Georgian economy, in order to demonstrate the need for state intervention (Rimple, 2012; Transparency International Georgia, 2012). It thus came as no surprise that when Georgian Competition Law (hereafter, GCL) was adopted, and the Georgian Competition Agency (hereafter, GCA or Agency) started functioning, the first segment of the economy which the Agency choose to investigate on its own initiative was no other but the fuel commodity market. It was a strategically well chosen subject, which would attract the attention of the public as well as of businesses. It would popularize the new legal field as well as make an example and establish new standards for fair business practices in Georgia.
31
Barnhizer, Daniel. « Contracts and Automation : Exploring the Normativity of Automation in the Context of U.S. Contract Law and E.U. Consumer Protection Directives ». Yearbook of Antitrust and Regulatory Studies 9, no 14 (2016) : 15–42. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.1.
Texte intégralRésumé :
Given a choice between two systems of contract rules, a court or legislature may have a normative obligation to adopt the rule that is more susceptible to coding and automation. This paper explores the ramifications of that normative proposition through the lens of multiple contract doctrines that traditionally involve “messy” judgments or multiple interacting judgments regarding which human beings are – arguably – capable of making finely nuanced analyses. Using the common law doctrine of unconscionability and Polish Civil Code Article 385 on unfair terms in consumer contracts, this paper explores the differences between contract rules that require human analysis versus those that can be applied with strong reliability by automated processes. Finally, the paper analyzes some of the potential pitfalls of this normative proposition in light of technological, economic, and moral/ethical concerns.
32
Frischmann, Petr, et Václav Šmejkal. « 2016 Amendment of the Czech Significant Market Power Act of 2009 ». Yearbook of Antitrust and Regulatory Studies 9, no 14 (2016) : 227–45. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.11.
Texte intégralRésumé :
The Significant Market Power Act (SMPA) adopted in 2009 regulates the assessment of, and the prevention of, the abuse of market power in the sale of agricultural and food products. The Act generated many controversies from the outset, survived legislative proposals for its abolition, to be finally amended in 2016. However, this kind of legislation failed to solve most of the problems and even managed to create additional controversies. The new amendment formally simplified the actual wording of the SMPA by transposing its numerous earlier appendixes, which contained an exemplary list of prohibited forms of SMP abuse, to the actual text of the Act. It also improved transparency and clarity with respect to its earlier vague and ambiguous terminology. At the same time, the amendment seriously modified the scope and principal philosophy of the SMPA by removing the previously required “substantial detriment to economic competition” as the pre-condition of the applicability of the Act. However, since the enforcement of the SMPA falls into the scope of the activities of the Czech Office for Protection of Economic Competition (in Czech Úřad pro ochranu hospodářské soutěže, UOHS), the concerns and doubts of the business community continue to grow whether this form of regulation is appropriate after the modification of the concept.
33
Korycińska-Rządca, Paulina. « Review of the New Polish Model of Abstract Control of Standard Forms of Agreements Concluded with Consumers ». Yearbook of Antitrust and Regulatory Studies 9, no 14 (2016) : 247–64. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.12.
Texte intégralRésumé :
The Polish Act of 5 August 2015 amending the Act on Competition and Consumer Protection and certain other acts introduced several changes intended to strengthen consumer protection. Its substantial part concerns the abstract control of standard forms of agreements concluded with consumers. The Amendment Act of 2015 has completely changed the previous model of abstract control of standard forms of agreements concluded with consumers by replacing the court proceedings model with the administrative proceedings model. This article presents an analysis of Polish legal rules on the abstract control of standard forms of agreements concluded with consumers as amended by the Amendment Act of 2015. Its purpose is to verify whether the new Polish model may be deemed as an appropriate and effective means of preventing the continued use of unfair terms, within the meaning of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts. The paper analyses the legal rules on the new model of abstract control of standard forms of agreements concluded with consumers (the administrative proceedings model) and compares the new model with its predecessor (the court proceedings model). The paper does not cover the remaining changes introduced into the Polish Competition Act of 2007 by the Amendment Act of 2015, which are not connected to abstract control of standard forms of agreements concluded with consumers.
34
Marco Colino, Sandra. « What Role for EU Competition Law in Regulated Industries ? Reflections on the Judgment of the General Court of 17 December 2015 Orange Polska v European Commission (Case T-486/11) ». Yearbook of Antitrust and Regulatory Studies 9, no 14 (2016) : 265–77. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.13.
Texte intégralRésumé :
On 17th December 2015, the General Court of the European Union (GC) confirmed a fine of over EUR 127 million imposed by the European Commission (hereinafter the Commission) on the Polish telecommunications company Orange Polska (hereinafter OP), formerly known as Telekomunikacja Polska. According to the fining decision, issued in 2011 (hereinafter the Commission decision), OP abused its dominant position by refusing access to its wholesale broadband services to new entrants, acting in contravention of Article 102 of the Treaty on the Functioning of the European Union (TFEU).
35
Stefanowicz, Olga. « Guidance on the Limits for the Use of Restrictive Clauses in Commercial Lease Agreements – Once Again on Restrictions “by Object”. Case Comment to the Preliminary Ruling of the Court of Justice of 26 November 2015 SIA ‘Maxima Latvija’ v Konkurences padome (Case C-345/14) ». Yearbook of Antitrust and Regulatory Studies 9, no 14 (2016) : 279–91. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.14.
Texte intégralRésumé :
The Court of Justice (hereinafter, CJ or Court) held in case C-345/14 SIA ‘Maxima Latvija’ v Konkurences padome that the inclusion of a clause that allows a tenant to indirectly select a neighbour of adjoining shopping centre spaces is not a restriction “by object”. On the example of Maxima Latvija (a supermarket chain active predominantly in the food sector), the CJ outlined under which conditions can competition law concerns arise from non-compete clauses in lease agreements concerning shop premises. The existence of a right to veto over potential tenants of adjourning shop premises may have the effect of restricting competition within the meaning of Article 101(1) TFEU, and should thus be assessed according to its market impact. Although the Court recognised that a unilateral decision on the lease of other commercial spaces is not by its nature anti-competitive, an effect-based assessment would require a multi-faceted analysis, which might still find a competition law infringement. Although the multi-criteria analysis proposed by the CJ is somewhat blurry, the judgment is a valuable contribution to the debate on the restrictive interpretation of “by object” restrictions.
36
Targański, Bartosz. « Antitrust Liability in the Context of Online Platforms. Case Comment to the Preliminary Ruling of the Court of Justice of 21 January 2016 ‘Eturas’ UAB v Lietuvos Respublikos konkurencijos taryba (Case C-74/14) ». Yearbook of Antitrust and Regulatory Studies 9, no 14 (2016) : 293–98. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.15.
Texte intégralRésumé :
In its judgment of 21 January 2016 in Case C-74/14 (hereinafter, judgment), the Court of Justice (hereinafter, CJ) responded to a preliminary question submitted by the Supreme Administrative Court of Lithuania. The latter asked whether the mere dispatch of an email relating to the maximum level of rebates may constitute sufficient evidence to establish that its addressees can be found liable for illegal concerted practices within the meaning of Article 101(1) TFEU. The CJ judgment raises novel issues specific to antitrust enforcement in e-commerce in two areas: (i) can users of a third party online booking platform be found liable for an anti-competitive practice purely on the basis of receiving unprompted email messages, even if they were not aware of their content, and (ii) what steps should they take in order to distance themselves from anti-competitive actions in an e-commerce environment.
37
Tóth, Tihamér. « Evaluation of Pre-accession State Aid in the Energy Sector. Case Comment to the Judgment of the Court of Justice of 1 October 2015 Electrabel SA, Dunamenti Erőmű Zrt. v European Commission (Case C-357/14 P) ». Yearbook of Antitrust and Regulatory Studies 9, no 14 (2016) : 299–315. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.16.
Texte intégralRésumé :
The European Commission decided in 2008 that Hungary provided State aid through a set of Power Purchase Agreements1. Electrabel SA (hereinafter, Electrabel) and Dunamenti Erőmű Zrt. (hereinafter, Dunamenti Erőmű) brought an action for annulment against this decision that was dismissed by the General Court in 2014. One year later, the Court of Justice confirmed the first instance ruling, even though Advocate General Wathelet was of the opinion that the contested judgment should be set aside. According to the Advocate General (hereinafter, AG), the case raised three difficult issues: (i) is the relevant date for the assessment of the existence of the aid the date on which the measure was implemented (well before Hungary’s EU accession) or the date of the accession; (ii) should the date of accession be the relevant date, do facts prior to that date have to be included in the assessment of the existence of State aid, and (iii) which company should repay the aid granted.
38
Tóth, Tihamér. « The Interaction of Public and Private Enforcement of Competition Law Before and After the EU Directive – a Hungarian Perspective ». Yearbook of Antitrust and Regulatory Studies 9, no 14 (2016) : 43–67. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.2.
Texte intégralRésumé :
The paper explores the changes the EU Directive on harmonizing certain rules governing actions for damages under national law for infringements of the competition law provisions will bring about in Hungary, with a special focus placed on damages liability rules, the interaction of public and private enforcement of these rules, and the importance of class actions. Amendments of the Competition Act introduced in 2005 and 2009 had created new rules to promote the idea of private enforcement even before the Directive was adopted. Some of these rules remain unique even now, notably the legal presumption of a 10% price increase for cartel cases. However, subsequent cases decided by Hungarian courts did not reflect the sophistication of existing substantive and procedural rules. There has only ever been one judgment awarding damages, while most stand-alone cases involved minor competition law issues relating to contractual disputes. The paper looks at the most important substantial rules of tort law (damage, causality, joint and several liability), the co-operation of competition authorities and civil courts, as well as at (the lack of) class action procedures from the perspective of the interaction of public and private enforcement of competition law.
39
Wolski, Dominik. « The Principle of Liability in Private Antitrust Enforcement in Selected European States in Light of the Implementation of the Damages Directive into the Polish Legal System ». Yearbook of Antitrust and Regulatory Studies 9, no 14 (2016) : 69–95. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.3.
Texte intégralRésumé :
In the vast majority of European countries, private antitrust enforcement falls under general rules of civil law. One of the issues to be discussed in relation to this type of litigation is the principle of liability, which exists in the given legal system, and its presumed impact on private enforcement. This problem has been debated in the course of the implementation works on the Damages Directive into the Polish legal system. A discussion on the principle of liability has taken place at least twice in this context. First, the issue was considered by the Civil Law Codification Commission and expressed in its Assumptions behind the Draft Act on complaints for damages caused by the breach of competition law. Subsequently, the principle of liability was assessed again at the reconciliation conference held at the Ministry of Justice. This is but a part of a broader discussion about the relationship between the rule of liability existing in national laws being applied to private enforcement cases and EU law as well as limitations arising from the latter. After outlining this interplay, the paper will briefly introduce solutions adopted with respect to the principle of liability in the context of private enforcement in selected European countries. The selection is not random, despite the fact that a limited number of countries has been analysed – eight including Poland. These include the most advanced EU Member States when it comes to private antitrust enforcement (such as the UK, Germany or the Netherlands), along with less developed examples (such as Italy or France), and even underdeveloped countries when it comes to the number and popularity of private antitrust litigations (such as Lithuania and Poland). This sort of analysis paints a relatively comprehensive picture of the adopted solutions in relation to the principles of liability governing private enforcement cases in Europe. The same is true for the issue of the burden of proof and presumptions/binding power in civil proceedings of decisions issued by competition authorities. Furthermore, what seemed to be crucial for the drafters of the Damages Directive, this sort of analysis makes it possible to formulate certain conclusions with respect to the relationship between the effectiveness of private enforcement in a given State and the adopted principle of liability. The final conclusions understandably focus on the Polish example, that is, the implementation of the Damages Directive into the Polish legal system.
40
Bernatt, Maciej. « Effectiveness of Judicial Review in the Polish Competition Law System and the Place for Judicial Deference ». Yearbook of Antitrust and Regulatory Studies 9, no 14 (2016) : 97–124. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.4.
Texte intégralRésumé :
The article discusses the effectiveness and the intensity of judicial review in the Polish competition law system. First, it studies whether the judicial review offered by the 1st instance Court of Competition and Consumer Protection in Warsaw (SOKiK) is effective in practice. Next, the article analyzes whether Polish courts tend to defer to the findings of the Polish competition authority, UOKiK. Judgments of the Supreme Court concerning relevant market definition serve as case studies. Finally, the article discusses whether proceedings before the Polish competition authority ensure sufficient due process guarantees, the impartiality of decisionmakers, and the overall expert character of UOKiK’s decision-making process. On this basis the article examines whether there are grounds for the reviewing courts to defer to UOKiK’s findings. The article concludes that currently the review undertaken by SOKiK happens to be superficial and thus ineffective. At the same time, the Supreme Court’s review of the determination of the relevant market is not deferential towards UOKiK’s findings. The Supreme Court substitutes its own definition of the relevant market for that of UOKiK and that of the lower courts. However, the article shows that there are no grounds at the moment for arguing for greater judicial deference. Proceedings held before UOKiK, despite recently introduced improvements, still do not offer sufficient due process guarantees or a division between investigatory and decision-making functions. In addition, UOKiK’s expertise is not sufficient for both institutional and practical reasons
41
Smyrnova, Ksenia. « A Comparative Analysis of the Collective Dominance Definition in Ukrainian and European Law – the Electricity Market Case ». Yearbook of Antitrust and Regulatory Studies 9, no 14 (2016) : 125–44. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.5.
Texte intégralRésumé :
This paper follows a comparative approach to the analysis of collective dominance doctrine and practice in the EU and the enforcement practice in Ukraine. The aim of this paper is to assess the compliance of the Ukrainian competition authority’s (AMCU) analysis of the national electricity market with EU law enforcement practice. The latter arises from Ukraine’s wider duty to fulfil its international law obligation to comply with EU competition rules, based on Article 18 of the Treaty establishing the Energy Community also taking into account the interpretative criteria developed in EU case law (according to Article 94 of the Association Agreement between Ukraine and the EU). Article 255 of the Association Agreement, which clearly provides for the use of the principle of transparency, non-discrimination and neutrality when complying with the procedures of fairness, justice and the right of defence, also illustrates the necessity of carrying out research in this field. The paper examines notions such as: the dominance doctrine, market power definition, economic strength and collective dominance in the EU enforcement practice. Special attention is placed on enforcement practice in the electricity market. Since the scrutinised market inquiry constitutes the first investigation into the Ukrainian electricity market, there is no national practice on this issue yet. For this reason, the analysis follows a wide comparative approach towards the principles of collective dominance in the electricity market in Ukraine. The paper concludes that the AMCU’s approach to the regulation of the electricity market in Ukraine confirms the necessity to reform the system of state regulation in the wholesale electricity market and in the market of services for electricity transmission. In order to develop competition in the electricity market, it is also necessary to change the system for tariff and pricing policy formation on the part of the National Energy and Utilities Regulatory Commission of Ukraine and the Ministry of Energy and Coal-Mining Industry of Ukraine. Stressed is also the necessity to follow the approach and criteria of EU competition law with regard to the determination of market dominance. This requirement is stipulated by Ukraine’s international legal obligations arising from Articles 18 and 94 of the Treaty establishing the Energy Community and Article 255 of the Association Agreement between the EU and Ukraine.
42
Blazsek, Virág. « Competition Law and State Aid for Failing Banks in the EU and its Specific Implications for CEE Member States ». Yearbook of Antitrust and Regulatory Studies 9, no 14 (2016) : 145–57. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.6.
Texte intégralRésumé :
The bank bailouts following the global financial crisis of 2008 have been subject to prior approval of the European Commission (EC), the competition authority of the European Union. The EC was reluctant to reject rescue efforts directed at failing banks and so it consistently approved all such requests submitted by Member States. Out of the top twenty European banks, the EC authorized State aid to at least twelve entities. In this context, the paper outlines the gradually changing interpretation of EU State aid rules, the “temporary and extraordinary rules” introduced starting from late 2008, and the extension of the “no-State aid” category. The above shifts show that the EC itself deflected from relevant EU laws in order to systemically rescue important banks in Europe and restore their financial stability. The paper argues that bank bailouts and bank rescue packages by the State have led to different effects on market structures and consumer welfare in the Eurozone and non-Eurozone areas, mostly the Eastern segments of the European Union. As such, it is argued that they are inconsistent with the European common market. Although the EC tried to minimize the distortion of competition created as a result of the aforementioned case law primarily through the application of the principle of exceptionality and different compensation measures, these efforts have been at least partially unsuccessful. Massive State aid packages, the preferential treatment of the largest, or systemically important, banks through EU State aid mechanisms – almost none of which are Central and Eastern European (CEE) – may have led to the distortion of competition on the common market. That is so mainly because of the prioritization of the stability of the financial sector and the Euro. The paper argues that State aid for failing banks may have had important positive effects in the short run, such as the promotion of the stability of the banking system and the Euro. In the longrun however, it has contributed to the unprecedented sovereign indebtedness in Europe, and contributed to an increased economic and political instability of the EU, particularly in its most vulnerable CEE segment.
43
Król, Marcin, et Jakub Taczanowski. « So Close, So Different – Regional Rail Transport in Poland, the Czech Republic and Slovakia ». Yearbook of Antitrust and Regulatory Studies 9, no 14 (2016) : 159–79. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.7.
Texte intégralRésumé :
The objective of this paper is to present three different models of regional railway passenger transport that emerged in the process of post-communist transition after 1989 in neighbouring countries: Poland, the Czech Republic and Slovakia. After an introduction, the second section of the paper shows the historical, spatial and socio-economic context of the analysis. The three resulting models are presented in the following section. This part of the paper is also devoted to the discussion of the developments, experiences and results obtained in Poland, the Czech Republic and Slovakia. The final section provides conclusions.
44
Menabdishvili, Solomon. « Merger Control in Georgia – National Legislation and Case Law Review ». Yearbook of Antitrust and Regulatory Studies 9, no 14 (2016) : 181–94. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.8.
Texte intégralRésumé :
Georgia has amended its Law on Competition in 2014 in order to fulfil its obligations set out by the Association Agreement with the European Union. Despite further approximations of its laws with those of the EU, some serious flaws remain. Merging parties are obliged to submit a prior notification to the Competition Agency of Georgia if their total turnover exceeds 20 million Georgian lari (GEL) or if the value of their assets exceeds 10 million GEL (7,692,307 EUR). One of the most interesting aspects of the Georgian merger control system rests in what the Competition Agency is authorised to do in case of a failure to fulfil the notification duty. This paper will discuss Georgian rules on concentrations as well as two of its recent merger cases.
45
Korobeinikov, Alexander. « Overview of Kazakhstani New Anti-monopoly Regulation ». Yearbook of Antitrust and Regulatory Studies 9, no 14 (2016) : 195–202. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.9.
Texte intégralRésumé :
The main statute governing competition in Kazakhstan is the Entrepreneurial Code, first adopted in October 2015. Section 4 of the Code in particular is aimed at the protection of competition in Kazakhstan. It primarily deals with anticompetitive agreements and conduct, provides for a control system over economic concentrations, and regulates anti-monopoly investigations. The anti-monopoly provisions of the Code are enforced by the Committee on the Regulation of Natural Monopolies and Protection of Competition within the Ministry of the National Economy of the Republic of Kazakhstan and its regional departments located in each Kazakhstani region and its two main cities (Almaty and Astana). The Committee has a broad range of powers and duties ranging from investigating anticompetitive conduct and imposing administrative sanctions to regulating natural monopolies. The Code generally prohibits horizontal and vertical agreements and concerted actions that lead (or can lead) to restriction of competition, albeit it also provides certain exemptions. The Code includes an exhaustive list of conduct which is prohibited for dominant entities. The Anti-monopoly Committee exercises control over economic concentrations by overseeing mergers, consolidations, acquisitions and certain other transactions.
46
Petr, Michal. « The Scope of the Implementation of the Damages Directive in CEE States ». Yearbook of Antitrust and Regulatory Studies 10, no 5 (2017) : 13–29. http://dx.doi.org/10.7172/1689-9024.yars.2017.10.15.1.
Texte intégralRésumé :
The Damages Directive has a rather limited scope, focusing only on damages claims stemming from anticompetitive agreements or abuse of a dominant position, provided such conduct was able to affect trade between EU Member States. However, Member States are not limited by this scope and so they may decide, when implementing the Directive, to enhance not only claims for damages, but the overall private enforcement of competition law. In this article, we shall explore the scope of the implementing legislation of selected Central and Eastern European Countries, namely in Bulgaria, Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia.
47
Druviete, Inese, Jūlija Jerņeva et Aravamudhan Ulaganathan Ravindran. « Disclosure of Evidence in Central and Eastern European Countries in Light of the Implementation of the Damages Directive ». Yearbook of Antitrust and Regulatory Studies 10, no 5 (2017) : 197–221. http://dx.doi.org/10.7172/1689-9024.yars.2017.10.15.10.
Texte intégralRésumé :
The article looks primarily at the material comprised in the volume edited by A. Piszcz, Implementation of the EU Damages Directive in Central and Eastern European Countries published in 2017 and based on that compares aspects of the disclosure of evidence issue in Bulgaria, Croatia, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia. The purpose of this article is to look into how the process for the disclosure of evidence has evolved in eleven countries of the European Union in light of Directive 2014/104/EU. The article looks at six key issues with regard to disclosure of evidence in light of Directive 2014/104/EU: general procedural issues; procedure for the submission of evidence; criteria for the disclosure of evidence; restrictions on the disclosure of evidence; disclosure of evidence by parties other than the defendant; and consequences of the failure to comply with a request to submit evidence. The article relies on primary data from eleven EU countries from Central and Eastern Europe.
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Piszcz, Anna. « Compensatory Collective Redress : Will It Be Part of Private Enforcement of Competition Law in CEE Countries ? » Yearbook of Antitrust and Regulatory Studies 10, no 5 (2017) : 223–50. http://dx.doi.org/10.7172/1689-9024.yars.2017.10.15.11.
Texte intégralRésumé :
The article aims to compare and evaluate solutions with regard to compensatory collective redress existing in CEE countries. The author will attempt to illuminate obstacles and challenges to using collective redress as an avenue for antitrust enforcement in CEE countries, as well as possible advantages of the scrutinised legal frameworks. Besides focusing on national provisions, the article will draw on provisions of the Damages Directive and the Commission’s Recommendation on collective redress mechanisms. It will open up the field for de lege ferenda proposals also.
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Knapp, Magdalena, et Paulina Korycińska-Rządca. « Proving the Grounds for Compensation – Reflections on Private Enforcement in the Polish Cement Cartel Case. Case Comment to the Judgment of the Court of Appeals in Cracow of 10 January 2014 (Ref. No I ACa 1322/13) ». Yearbook of Antitrust and Regulatory Studies 10, no 5 (2017) : 251–67. http://dx.doi.org/10.7172/1689-9024.yars.2017.10.15.12.
Texte intégralRésumé :
Proving the Grounds for Compensation – Reflections on Private Enforcement in the Polish Cement Cartel Case. Case Comment to the Judgment of the Court of Appeals in Cracow of 10 January 2014 (Ref. No I ACa 1322/13)
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Zaščiurinskaitė, Rasa. « Compensation of Damages in Standalone Cases : Lessons to Be Learned from a Case Against a State-owned Telecommunication Company. Case Comment to the Judgment of the Lithuanian Court of Appeal of 3 March 2017 (Case No. e2A-27-464/2017) ». Yearbook of Antitrust and Regulatory Studies 10, no 5 (2017) : 269–78. http://dx.doi.org/10.7172/1689-9024.yars.2017.10.15.13.
Texte intégralRésumé :
Compensation of Damages in Standalone Cases: Lessons to Be Learned from a Case Against a State-owned Telecommunication Company. Case Comment to the Judgment of the Lithuanian Court of Appeal of 3 March 2017 (Case No. e2A-27-464/2017)