Дисертації: "Competition laws"

1

Qianlan, Wu. "Competition laws, globalization and legal pluralism : China's experience." Thesis, London School of Economics and Political Science (University of London), 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.535843.

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2

Dari, Teurai Thirdgirl. "A critical assessment of Zimbabwe’s anti-dumping laws." University of the Western Cape, 2018. http://hdl.handle.net/11394/6826.

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Doctor Legum - LLD
Anti-dumping measures, safeguards and countervailing measures are trade remedies within the context of the World Trade Organisation (WTO). More specifically, the imposition of anti-dumping measures is a remedial measure, which may be evoked when dumped imports cause or threaten to cause injury to the domestic market. Article VI of the General Agreement on Tariffs and Trade (GATT) defines dumping as a situation where products of one country are introduced into the commerce of another country at less than the normal value of the products, and causes or threatens material injury to an established industry in the territory of a contracting party or materially retards the establishment of a domestic industry. In such a situation, the WTO allows countries to take action, if there is a causal link between injury to the domestic market and dumping. Zimbabwe has been a Member of the GATT since July 1948 and subsequently it became a Member of the WTO in March 1995. It also has anti-dumping legislation since 2002 namely Competition (Anti-Dumping and Countervailing Duty) (Investigation) Regulations, 2002 (Statutory Instrument 266 of 2002). Despite this, dumping remains a challenge in Zimbabwe. Different stakeholders in Zimbabwe have lobbied for anti-dumping laws to be strengthened and applied, to protect the domestic industry from dumped imports. Regardless of the lobbying, the Competition and Tariff Commission (CTC) which is the institution that deals with unfair trade practises in Zimbabwe, has to date not conducted any investigation in dumping. This study ascertains what the shortfalls in Statutory Instrument 266 of 2002 are, and the measures to be taken, to develop a sound framework that paves way for effective anti-dumping regime in Zimbabwe. The study highlights the need for an overhaul in Zimbabwe’s anti-dumping system. This study also engages in a discussion of anti-dumping laws in the European Union (EU) and South Africa, both whom have developed anti-dumping systems, which Zimbabwe can learn from. In addition, EU used to be Zimbabwe’s largest trading partner, but has since been replaced by South Africa.

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3

Banfi, Cristián Antonio. "Competition and other intentional economic torts : a comparison of English and Chilean laws." Thesis, University of Cambridge, 2010. https://www.repository.cam.ac.uk/handle/1810/270407.

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4

Bulbul, Asli. "Civil Law Claims On The Enforcement Of Competition Rules: A Comparative Study Of Us, Eu And Turkish Laws." Master's thesis, METU, 2006. http://etd.lib.metu.edu.tr/upload/12608035/index.pdf.

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Private enforcement, which primarily represents individuals&rsquo
right to claim damage arisen from violations of competition law, supplements public enforcement and ensures indemnification of individual loss. However, private enforcement of competition law has fallen behind public law enforcement in laws presented in this study, other than those enforced in the USA. Realizing this fact, European Commission, has recently focused on the enhancement and facilitation of private enforcement in the Community competition law. The lagging behind of private enforcement mainly sources from the cultural and traditional differences in the understanding of liability law between Anglo Saxon Law and Continental Law. Anglo Saxon law tradition is inclined to leave the matter to individual action, whereas Continental Law is in more favor of strengthening regulatory mechanisms. More specific obstacles to the improvement of private enforcement are, yet not exhaustively, indefiniteness of legal basis of claims, involvement of complex economic analysis while stating the case, courts&rsquo
lack of technical knowledge, indefinite relationship between judiciary and competition authorities, problems in proving damage and causality, absence of facilitating procedural mechanisms such as class actions, treble damage and discovery rights. In the Community law context it is also highly probable to encounter peculiar problems arisen from co-existence of different national laws. Additionally, implementation of the Community competition law by national authorities may also lead to the weakening of the Single Market objective. Through this study, we will present probable solutions by depicting all these problems.

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5

Demoures, Gaël. "Etude critique et théorique de l'application des mécanismes du droit de la concurrence du Canada et de l'Union européenne aux brevets technologiques : théorie des organisations." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80915.

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The relationship between patent and competition is rather complex. Whereas both sets of rules contribute to the same objective, i.e. consumer welfare and economic growth, their means collide. Patent laws create and protect monopolies while competition laws seek to limit their influence or even oppose their occurrence. However, since technological development is a financially risky process, it needs to be secured through a strong rewarding monopoly. Neo-classical theory has been so far the cornerstone of competition law. It is driven by a view of the market where price equilibrium and market atomicity constitute the main elements of allocative efficiency. But it promotes a rather static view of the market which neglects the fundamental aspects of technology-driven markets in the modern economy. Therefore we need to curb the role of the mainstream economic postulates by taking into account adequate theories in order to reflect modern innovation and technological diffusion onto the markets.

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6

Hoffman, Sára Gabriella [Verfasser]. "Regulation of Cloud Services under US and EU Antitrust, Competition and Privacy Laws / Sára Gabriella Hoffman." Frankfurt a.M. : Peter Lang GmbH, Internationaler Verlag der Wissenschaften, 2016. http://d-nb.info/112200432X/34.

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7

Darr, Amber. "Parallel pasts, divergent destinies : a comparative analysis of transferring and implementing competition laws in India and Pakistan." Thesis, University College London (University of London), 2018. http://discovery.ucl.ac.uk/10043349/.

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In this thesis, I compare the impact of processes through which India and Pakistan adopted their competition laws, on the subsequent implementation of these laws in the countries. To this end, I construct a theoretical framework by integrating principles from Legal Transplant, Policy Diffusion and Policy Transfer and Development Economics literatures, which allows for the examination of the adoption process from deliberation to formal adoption through to the implementation stage, in a single continuum. I also develop a typology of mechanisms through which laws may be transferred, particularly from developed to developing countries. In reviewing the adoption processes for competition laws in India and Pakistan, I examine and identify the transfer mechanisms and political and legal institutions, engaged by the two countries. I argue that the Indian competition law, that has been acquired through socialization and by engaging a wide range of bottom-up, participatory and inclusive institutions is more likely to be compatible with the context of the country and to have greater legitimacy in it, than the Pakistani competition law, which has been acquired through coercion and by engaging only a limited range of top-down and exclusive institutions. At the implementation stage I focus on the independent performance of the national competition authorities created by the competition laws and the interaction of these authorities with the courts pre-existing in the countries. This analysis confirms that the Indian competition law is more compatible with and enjoys greater legitimacy in India than its Pakistani counterpart does in Pakistan. However, it also indicates that no transfer mechanism is unequivocally superior to another and that in settling upon transfer mechanisms and institutions for adopting competition laws, it is important for countries to understand the trade-offs they may be making with respect to the implementation of these laws.

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8

Cerioni, Luca. "International competition in corporate taxation and company laws within the European Community : the quest for a supranational solution." Thesis, University of Essex, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.410789.

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9

Walsh, Jacqueline Susan. "The future of the small software firm : a case for the proper balance of laws protecting software and competition." Thesis, University of Leicester, 2013. http://hdl.handle.net/2381/27922.

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The software industry is a significant economic driver of innovation for many sectors in both the US and EU. Small software firms make important contributions to innovations that advance the progress of technology. Using the competitive principles of fostering innovation, ensuring economic efficiency and promoting consumer welfare, this paper examines how intellectual property laws and competition policy in both the US and the EU are undermining the future success of the software industry. In software sectors, the small software firm is faced with insurmountable challenges due to the improper use of existing copyright and patent laws to protect the unique characteristics of software. Although the argument for sui generis legislation is not new, evidence is mounting which suggests that small software firms will become increasingly non-competitive without substantial legal reform. The divide between large and small firm participation in the intellectual property system continues to grow. The characteristics that make the software industry important to consumers - network effects, interoperability and standardization - are also the characteristics which will ultimately harm consumer welfare by the reduction of innovative products and services. While large firms are able to overcome major obstacles present in the industry through patent portfolios and cross-licensing arrangements, small firms are precluded from activities that ensure their ability to compete in the global industry. A sui generis software law is not a real possibility today, but a second tier patent approach to solving this market failure deserves further research and consideration. Competition law provides limited potential to support the small software firm, but a major shift in policy will be required for it to become an effective regulatory tool. The EU is far better positioned to be the leader in including small firms in the competitive analysis of dynamic industries such as software.

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10

Elmirzaev, Furkat. "The relationship between general competition laws and sector-specific regulations in the natural gas sector in the European union and UKraine." Thesis, University of Essex, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.536978.

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11

Tran, Le-Thuy. "Introduction to Regulation of Competition in South East Asia : A Comparative Study of Antimonopoly Laws in Vietnam and Indonesia, and Their Models." Graduate School of International Development, Nagoya University, 2007. http://hdl.handle.net/2237/7515.

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12

Liu, Tsung-Wei. "The effects of electoral laws on party competition in Taiwan 1989-1998, with particular reference to the single non-transferable vote (SNTV)." Thesis, University of Essex, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.369370.

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13

Uwoh, Joseph. "Le juge et le droit de la concurrence : étude comparative : droit français, droit de l'Union européenne et droit américain." Thesis, La Rochelle, 2013. http://www.theses.fr/2013LAROD032.

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Le juge est un acteur vital dans la mise en œuvre du droit de la concurrence. De ce fait, il faut reconnaitre l’importance de son rôle. Cette reconnaissance passe par la valorisation ou revalorisation du rôle que le juge est amené à jouer en matière de concurrence. Pour valoriser ou revaloriser le rôle du juge dans la mise en œuvre du droit de la concurrence, le législateur et le juge doivent faire preuve de volontarisme par le biais d'une intervention législative et jurisprudentielle. Ayant intégré les raisonnements économiques dans son approche de la matière concurrentielle, il n'existe aucune raison objective qui continue à reléguer le rôle du juge au second plan par rapport à celui des Autorités de la concurrence. Les deux institutions sont des autorités de la concurrence et l'une ne doit pas être qualifiée "d'autorité de régulation" aux dépens de l'autre. Pour ce faire, une juridicisation des Autorités de la concurrence par une intervention législative est souhaitable afin d'attribuer aux Autorités de la concurrence les compétences habituellement réservées au juge. Par exemple, prononcer la nullité d'un contrat anticoncurrentiel et l'attribution des dommages et intérêts. La structure et le fonctionnement des Autorités de la concurrence les rapprochent d'une juridiction. D'ailleurs certains les qualifient de juridictions inavouées. Il n'existe aucun obstacle juridique et d'autres exemples comme c'est dans le cas de la Commission Nationale de l'Informatique et des Libertés (CNIL) qui s'est vue qualifier de «Tribunal» par le Conseil d’État au sens de l’article 6-1 de la CEDH, eu égard « à sa nature, à sa composition et à ses attributions », démontre qu'il est possible à franchir le pas, non seulement pour redonner au juge toute la place que doit lui revenir dans la mise en œuvre du droit de la concurrence, mais également pour la mise en œuvre efficace et effectif dudit droit
The judge is a vital actor in the implementation of competition laws. Therefore, recognition should be given to the importance of its role. Recognizing the importance of the judge’s role in the implementation of antitrust laws means enhancing the role the judge is required to play to the effective implementation of competition laws. To enhance the role of the judge in the implementation of competition laws, the legislator and the judge must be proactive in taking legislative and judicial actions. Having acquired the mastery of economic reasoning in its approach to the competitive field, there is no objective reason that continues to relegate the role of the judge in second place compared to the competition authorities. Both institutions are competition authorities and one must not be qualified as "regulatory authority" at the expense of the other. To achieve this, attributing judicial caracteristics to the Competition Authorities by legislative and jurisprudential intervention is desirable by assigning them powers usually ascribed to the judge. For example, voiding of anticompetitive contracts, and awarding damages. The structure and functioning of the Competition Authorities are similar to those of a court. Moreover, some authors call them unacknowledged jurisdictions. There are no legal impediments and other examples as it is in the case "Commission Nationale de l'Informatique et des Libertés" (CNIL) which has been described as "tribunal" by the french Conseil d'Etat within the meaning of Article 6-1 of the ECHR, given its nature, its composition and its powers shows that it is possible to take the step, not only to restore the Judge of all the place it deserves in the implementation of antitrust laws, but also for the effective implementation of the given laws

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14

Teague, Ian Graeme. "The role of the public interest in competition law a consideration of the public interest in merger control and exemptions in South Africa and how the public interest plays a more important role in the competition laws of South Africa and of developi." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4568.

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15

Teague, Ian Graeme. "The role of the public interest in competition law: a consideration of the public interest in merger control and exemptions in South Africa and how the public interest plays a more important role in the competition laws of South Africa and of develop." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4569.

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This paper considers the role accorded to, and importance of, the public interest objectives of the South African Competition Act[1] (the Act). The aim of this paper is not to critique these objectives or to consider what role these objectives have played in South African competition jurisprudence in the eleven years since the enactment of the Act, but to accept such objectives and specifically consider what effect has been given to them in the other provisions of the Competition Act that expressly deal with the public interest, [2] and to argue that the competition authorities should not be too eager to diminish the importance of these sections, but that the public interest should play an important role in the competition law of South Africa and other developing nations, and as such, that the South African competition authorities should recognise this.

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16

GLENN, DANIEL PATRICK. "FACING WEST FROM NIAGARA'S SHORES: COMPETITION, COMMERCE, AND EXPANSIONISM ON THE US-CANADIAN BORDER, 1810-1855." University of Cincinnati / OhioLINK, 2007. http://rave.ohiolink.edu/etdc/view?acc_num=ucin1195071880.

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17

Costa-Cabral, Francisco. "Intent in EU competition law : the judical assessment of anti-competitive strategies." Thesis, King's College London (University of London), 2014. https://kclpure.kcl.ac.uk/portal/en/theses/intent-in-eu-competition-law(2d6172dd-fddc-47eb-859c-f27961e4e738).html.

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This research will investigate whether intent plays a role in the application of Articles 101 and 102 TFEU and, if so, whether such role is subordinate to effects or has an autonomous normative character. The methodology for answering this question will start by defining intent under EU competition law. It will be argued that actions by undertakings are interpreted as those of rational agents. This will show that the notion of ‘subjective intent’ and its separation from objective behaviour are misguided. The role of intent will then be analysed with reference to EU competition law goals. Insofar as those goals are understood as purely consequentialist, namely promoting or preventing certain effects, intent can only be used as a proxy for such effects. However, EU competition law will be shown to also apply non-consequentialist moral judgments. Such judgments are the source of the autonomous normative value of intent. That autonomous normative value will then be described with reference to the case law, namely the notions behind the different forms of collusion, restriction of competition, and abuse of dominance. It will be seen that the normative root of anti-competitive behaviour is based on intent, insofar as collusion and abuse represent intent which is potentially offensive to EU competition law principles. Infringements of Articles 101 and 102 further require the application of intent or effects-based tests, represented in the alternative between restrictions by object or effect and in the different types of abuse. Thus, it will be discussed how the doctrinal emphasis on effects has failed to explain significant sections of the case law. It will be concluded that the use of intent is indicative of the normative character of EU competition law, namely a stable judicial system based on principles which conciliates moral intuitions with the paradigms of perfect competition.

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18

Kikonyogo, Joseph Mary. "Similar solutions for similar problems :harmonising energy trade and investment policies and strategies in the East African community." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8557_1297769148.

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Sustainable Energy (oil, gas and electricity) plays an important role in advancing productive capacity and increasing economic growth and sustainable development. In order to achieve this, there must be effective trade and investment in energy. Currently, there is relatively low regional and international trade in energy in the East African Community (EAC). Local and foreign direct investment flowing into the EAC is still very low in spite of a number of measures, such as, investment protection guarantees, that have been taken to improve investment. Each of the five countries in the EAC has its own energy policy, as well as a trade and investment policy and strategy. For some the policies are clearly stated
for others they are presumed. However, these policies are not effective. Without effective policies on trade and investment protection and promotion, the EAC will have minimum benefits in terms of terms of trade, investment inflows and sustainable economic development. The EAC is a customs union with an ultimate aim of attaining a political federation. Before this happens, there is need to have effective but also harmonised trade and investment policies and strategies. Adoption of comprehensive harmonised trade and investment policies and strategies shall provide a guideline to the Governments, the trade and investment agencies and other relevant stakeholders to follow in order to attain the ideals, objectives and spirit of the Community. This research, therefore, aims at proposing effective and harmonised trade and investment policies and strategies that Member States should pursue in order to develop the EAC into a viable integrated energy trade and investment zone. The study involves a review of the current policies, strategies, laws, regulations and practices in trade and investment in energy and a discussion of how the situation can be improved. The research raises many suggestions on conservation of energy as well as use of alternative sources ...

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19

Ong, Burton T. E. "Competition law and the common law of unfair competition." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:0bcf048f-12a6-495d-a7ae-66b307d296df.

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Competition between trade rivals in a marketplace operating within a common law-based legal system is regulated primarily by two fairly distinct branches of the law: the prohibitions against anti-competitive conduct imposed by the competition law framework, and the common law restraints against acts of “unfair competition” that attract liability under the economic torts. This dissertation aims to critically examine both these legal frameworks and provide an integrated account of how these branches of the law distinguish between lawful and unlawful modes of competitive conduct. By scrutinising the doctrinal and policy foundations that underlie each of these legal frameworks, common thematic strands that may not be immediately apparent to lawyers working exclusively in either field will be exposed, while fundamental differences between their respective inner workings will also be uncovered in the process. Engaging in such a comparative exercise will facilitate a deeper understanding of the contrasting objectives and jurisprudential approaches associated with each legal framework which, in turn, sheds some light on the nature of their relationship with each other and the extent to which legal developments in one field ought to influence, or be influenced by, the other. Besides evaluating how and why the common law economic torts operate differently from the competition law prohibitions in circumscribing the liberty of individual competitors to inflict economic harm upon their trade rivals, this dissertation will also analyse selected types of commercial conduct which are regarded as lawful under one framework but unlawful by the other, and contrast them with scenarios which could attract overlapping legal liability under both legal frameworks. In addition, this dissertation will explore a selection of legal issues arising from the doctrinal interaction between these areas of the law that may confront the courts as these two legal frameworks continue to develop in tandem with each other.

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20

Glader, Marcus. "Innovation markets and competition analysis : EU competition law and US antitrust law /." Lund : Faculty of Law, Lund Univ, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/476526825.pdf.

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21

Hrle, Jelena. "International arbitration and competition law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64281.pdf.

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22

Pinto, Carlo. "Tax competition and EU law." [S.l. : Amsterdam : s.n.] ; Universiteit van Amsterdam [Host], 2002. http://dare.uva.nl/document/65841.

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23

Hrle, Jelena. "International arbitration and competition law." Thesis, McGill University, 1999. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30305.

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Arbitrating of competition law claims has generated a substantial tension between the policies served by promoting international arbitration and those protected by the national competition law. Despite the legal tension and unpredictability associated with arbitrating competition law issues, the arbitrator should, in principle, resolve such issues. This study analyses the main concerns when arbitrating competition law issues, such as jurisdiction, choice of law and, in particular, the position of national jurisdiction regarding the enforcement of the award conflicting national competition law.
This study proposes the functional approach to choice of law problems according to which the arbitrator will decide on the applicable competition law bearing in mind the content of mandatory norm, its connection with a dispute and the consequences of its application and non-application. In that regard, this thesis will examine how an arbitrator should address the extraterritorial effect of the competition law. The study will suggest that if the competition law policies of states connected with a dispute serve opposing and conflicting goals, the arbitrator should, in order to preserve his/her neutral function refuse to decide whose competition policy is "better" and should consequently decline jurisdiction.

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24

Sage, Ewelina D. "Community competition law of multimedia." Thesis, University of Oxford, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.431019.

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25

Papp, Réka. "Le fonctionnement du Réseau européen de la concurrence : détermination et exercice de compétence par les autorités de concurrence." Thesis, Université de Lorraine, 2013. http://www.theses.fr/2013LORR0248.

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L'adoption du règlement n° 1/2003 a décentralisé la mise en oeuvre des articles 101 et 102 TFUE et a entraîné la création du Réseau européen de la concurrence. Désormais, les autorités nationales et la Commission partagent la responsabilité de l'application des règles de concurrence de l'Union européenne au sein du Réseau. Le fonctionnement de celui-ci obéit à la logique de la méthode du conflit d'autorités. Ainsi, la question de la compétence des autorités pour traiter une affaire a une importance primordiale dans le contexte du Réseau. Elle détermine la loi applicable à l'inégralité de l'affaire et exerce une influence sur les effets extraterritoriaux des décisions. Les autorités de concurrence emploient une grande variété de méthodes de coopération et de coordination afin d'éviter des conflits de compétence et les solutions contradictoires au sein du Réseau. Malgré la coopération étroite des autorités, les divergences des règles de procédure sont susceptibles de miner l'efficacité de la mise en oeuvre des articles 101 et 102 TFUE ainsi qu'éroder la protection des droits fondamentaux
The entry into force of Regulation 1/2003 resulted in the decentralisation of the application of articles 101 et 102 TFEU. The national authorities and the Commission share the responsibility for the enforcement of the EU competition rules and form together the European Competition Network. According to the theory of conflict of authorities, the designation of the competent authority to deal with a case is crucial for the functioning of the Network, since it determines the applicable law to the case and the extraterritorial effect of the decision. Despite the cooperation and coordination mechanisms at the authorities's disposal, the divergences in national procedural rules can undermine not only the goal of efficient enforcement of competition rules in the EU, but also the protection of fundemantal rights

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26

Al, Badwawi Saif Ahmad. "Does the new competition law ensure fair competition in the UAE?" Thesis, Southampton Solent University, 2013. http://ssudl.solent.ac.uk/3487/.

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Анотація:

Competition law has become an important legal tool as it plays a significant role in preventing different forms of anti-competitive behaviour and ensures fair competition in the market. For this purpose, the United Arab Emirates has adopted its first comprehensive competition law, named “UAE Federal Law No. 4 of 2012 Concerning Regulating Competition”, to be enforced from 23rd February 2013. The law contains 33 Articles regulating competition in all commercial sectors. This research aims to investigate the UAE competition law in order to answer the main question, which is to what extent does the new law ensure fair competition in the commercial field of the country. It examines the flaws and drawbacks in the competition law and the enforcement mechanism. The research suggests the reforms required to improve the law and the way this could be accomplished. In order to answer the main question, the research applies two main methods, which are the black letter approach and the socio-legal approach. In addition, the research will employ the interview approach. Different issues were found in the UAE competition law in the areas of anti-competitive agreements, abuse of dominant position, mergers and acquisitions, state aid, and enforcement. The findings demonstrate that evidence exists of anti-competitive behaviour in the market, such as monopolistic practices and abuse of dominant position. Furthermore, there is evidence of inadequate implementation of the law against many market players, such as state-owned undertakings. From the findings, the role of the Competition Regulation Committee seems to be weak and inadequate, and there are some conflicts with the role and the Ministry of Economy. Some recommendations have been suggested for policy reform and enhancement of the law and its upcoming regulations. It is hoped that the findings of this research will provide a framework for the UAE and the countries in the region that seek to have more competitive markets. This study is the first to address the competition law of the UAE, thus this study contributes to the understanding of the law and its application, and it is hoped it will add to knowledge in the field of competition law. Furthermore, based on the evidence, the research concludes by suggesting a number of implications and potential future research avenues.

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27

Carugati, Christophe. "Competition law and economics of big data : a new competition rulebook." Thesis, Paris 2, 2020. http://www.theses.fr/2020PA020003.

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Анотація:

Cette thèse aborde les enjeux du Big Data en droit de la concurrence en trois chapitres. Le chapitre un propose de nouveaux outils économiques pour définir le marché pertinent et le pouvoir de marché dans l’économie axée sur les données. Il soutient la nécessité de réformer le marché pertinent et le pouvoir de marché en considérant de nouveaux outils et un ensemble de facteurs à prendre en compte pour le pouvoir de marché. Le chapitre deux propose de nouvelles analyses économiques et juridiques pour des fusions et pratiques anticoncurrentielles axées sur les données. Il étudie les sujets de premiers plans relatifs à l’intégration de la vie privée dans l’évaluation des fusions et pratiques antitrust, les ententes par algorithmes et les fusions préventives. Il soutient la nécessité d’intégrer la vie privée dans toutes les affaires de fusions et de pratiques anticoncurrentielles liées aux données puisque les données impliquent nécessairement des questions relatives à la vie privée et à la protection des données. Finalement, le chapitre trois propose de réguler l’économie numérique. Il démontre que l’économie est très concentrée et que les marchés ne peuvent pas corriger par eux-mêmes les défaillances du marché. Il analyse les recommandations émanant des rapports commissionnés par les gouvernements (Furman et al, Crémer et al, Schallbruch et al, ACCC report et Stigler report) et il discute et envisage d’autres propositions originales
This thesis addresses Big Data issues in competition law in three chapters. Chapter one proposes new economic tools to define the relevant market and the market power in the data-driven economy. It argues the need to reform the relevant market and the market power by considering new tools and a menu of key features relevant to the market power. Chapter two proposes new law and economics analysis for data-driven antitrust and merger practices. It considers debated topics related to the integration of privacy in the assessment of antitrust and merger practices, algorithmic collusion and pre-emptive mergers. It argues the need to integrate privacy in any data-driven antitrust and merger practices as data imply necessarily privacy and data protection issues. Finally, chapter three proposes to regulate the digital economy. It demonstrates that the economy is highly concentrated and that the markets cannot correct themselves market failures. It analyzes recommendations from the government reports (Furman et al, Crémer et al, Schallbruch et al, ACCC report, and Stigler report) and It proposes and discusses other original proposals

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Nghishitende, Kaulikalelwa N. "Competition law : the legal precedent of the Wal-Mart case on competition law development in Namibia." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12891.

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Анотація:

Includes bibliographical references.
This dissertation paper is based on the decision of the Wal-Mart cases in respect to competition law, mergers and acquisition in Namibia. Owing to the fact that Namibian law is mostly derived from South African law, the exploration and analysis will be based on both Wal-Mart cases in Namibia and South Africa in respect of the subject matter with specific particularity on the significance of the court’s judgment to competition law development in Namibia. The paper will also contain an exposition of the High Court and Supreme Court’s judgment in Namibia as well as the judgment of the South African Court on the same subject respectively. This is aimed at providing an in-depth understanding of the approaches taken by the two courts with respect to mergers and also to derive guidelines from the interpretation of the court in South Africa owing to the fact that the court in South Africa has successfully and efficiently dealt with the same issues many times compared to the Namibian courts. The guidelines that will be looked at will be based on how the courts in Namibia and South Africa have applied and interpreted the provisions within the Act pertaining to statutory granting or refusal of mergers in the sphere of competition law with specific reference to the question of public interest. An analysis on the respective judgments will be provided.

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Lundhem, Sofie. "Informationsutbyte vid konkurrentbevakning : Vilken information får inhämtas från konkurrenter och hur får det ske vid konkurrentbevakning i enlighet med artikel 101.1 FEUF?" Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-24020.

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Att upprätthålla en god affärsetik är viktigt för många företag, eftersom det skapar ett för- troende hos intressenter i olika led. För att inta en stark ställning på marknaden krävs även att företagen är konkurrenskraftiga. Ökad konkurrenskraft kan fås genom konkurrentbe- vakning, då information inhämtas från konkurrenter. Dock saknas det tydliga regler huruvida informationsutbyte omfattas av artikel 101.1 FEUF, som reglerar konkurrensbe- gränsande företeelser på marknaden. Kommissionen har meddelat att artikel 101.1 FEUF bör omfatta informationsutbyte, ef- tersom det kan påverka ett företags självständighet att ta beslut. Detta har även fastslagits av domstolen och artikeln måste därför anses omfatta informationsutbyte. För att artikeln ska bli tillämplig måste ett avtal, beslut av företagssammanslutningar eller samordnat förfa- rande föreligga, en situation mellan konkurrenter, påverka handeln mellan medlemsstater och avtalet ska ha ett konkurrensbegränsande syfte eller faktiska eller potentiella konkur- rensbegränsande effekter. I kommissionens riktlinjer ges en viss vägledning om hur en be- dömning ska göras huruvida uppgifterna får utbytas enligt artikeln. Hänsyn ska bland annat tas till hur aggregerad och gammal den är, marknaden och hur ofta informationen utbyts. I enlighet med gällande rätt får information inhämtas från konkurrenter på ett sådant sätt att det inte begränsar konkurrensen vilket innebär att företag bör undvika att ingå alla for- mer av avtal om informationsutbyte. Det är förenligt med artikeln att inhämta offentlig in- formation och delta vid mässor och branschorganisationer. Uppgifter som får inhämtas är offentliga, gamla och aggregerade uppgifter som inte går att härleda till en specifik aktör och som inte påverkar företagens självständighet att ta strategiska beslut. Dock råder en del osäkerheter vad det gäller bedömningen av de olika faktorerna och för att minska osäker- heten på området krävs tydligare regler och riktlinjer.
To maintain high standards of business ethics are important to many companies, because it creates trust among stakeholders at different levels. To hold a top position on the market also requires that company are competitive. Greater competitiveness can be obtained by competitor intelligence, when information is obtained about competitors. However, there are no clear rules whether article 101.1 TFEU, which regulates competitive restrictions, co- vers the exchange of information. The Commission has noted that article 101.1 TFEU should include exchange of infor- mation, because the exchange can affect a company's autonomy to make decisions. The Court has also established this and because of that is it to consider that the article includes exchange of information. If the article shall be applicable an agreement, decisions by asso- ciations of undertakings or concerted practices need to exist, between competitors, affect trade between Member States and the agreement must restrict the competition. Guidelines written by the Commission gives some guidance how the assessment whether the infor- mation can be exchange according to the article. How aggregated and old the information is, the market and the frequency of the exchange shall be take into consideration when a decision is made. In accordance with applicable law exchange of information from between competitors should be made in such way that it does not restrict competition. Companies should avoid entering into all forms agreement regarding information exchange. According to article 101.1 FEUF it is consistent to gather public information and participate in trade exhibi- tions and trade associations. Data that may be collected are public, old and aggregated data that can not be traced to a specific operator. However, there are some uncertainty regard- ing the assessment of the various factors and to reduce the uncertainty in this field clearer rules and guidelines are necessary.

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30

Ferreira, Laura Cristhina Fiore. "The effectiveness of Brazilian competition law." Thesis, University of Warwick, 1998. http://wrap.warwick.ac.uk/2578/.

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Анотація:

Attempts to regulate competition in Brazil have been made since the early 1960s without much success. However, with the adoption of trade liberalisation measures in the early 1990s, competition has gradually been regarded as an essential element of the process of liberalisation of the economy, and thus efforts have been made to develop and enforce competition law and policy. This thesis describes and evaluates competition law in Brazil during this last period. It critically analyses the legislation, the practices of enforcement agencies and the relevant case law. Emphasis is given to the study of cases which involve restrictive business practices as well as mergers, and which have been decided at the administrative level. This thesis highlights four main points: 1) developing countries should try to develop their own approach to competition law, and avoid adopting models created in other countries that reflect another reality; 2) competition legislation must define the approach to be adopted in the implementation of competition law in order to avoid uncertainty in the market; 3) a well structured institutional framework is necessary for the enforcement of competition law and policy; and 4) competition policy should be part of a coherent set of economic policies adopted by the government. The conclusion of this thesis is that competition policy in Brazil has not yet produced significant results. Factors that undermine competition policy in Brazil are the system for the enforcement of the law, the lack of coherence in case law, and changes in economic policy. On the other hand, there has been some progress: the legislation covers the main aspects of competition; the performance of enforcement agencies is improving; these agencies are co-ordinating their enforcement practices; and there is growing awareness among economic actors in Brazil that competition is desirable and should be protected.

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31

McCahery, Joseph. "Regulatory competition, economic regulation, and law." Thesis, University of Warwick, 1997. http://wrap.warwick.ac.uk/34750/.

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Анотація:

One often meets the view that economic regulation should be understood in terms of Pareto efficiency. Economic theories of law have traditionally focused on concepts such as market failure, efficiency, and inefficiency. Proponents assume that under the conditions of perfect competition, rational economic actors will enact courses of action that tend to induce Pareto outcomes. The idea of perfect competition means that markets which are competitive will induce efficient outcomes. The perfect competition approach has focused on the conception of market failure as the foundation for designing regulatory policy. Until recently, lawyers overwhelmingly relied upon a model of economic contract, developed over the last two decades in law and economics, as a normative structure to guide efficient decision-making.

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32

Nazzini, Renato. "Competition law remedies and concurrent proceedings." Thesis, University College London (University of London), 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.417854.

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33

Salord, Alban Olivier. "Joint ventures and European competition law." Thesis, University of Reading, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.269753.

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34

Remetei-Filep, Ádám. "Strategic airline alliances and restrictions of competition by object under EU competition law." Thesis, King's College London (University of London), 2013. https://kclpure.kcl.ac.uk/portal/en/theses/strategic-airline-alliances-and-restrictions-of-competition-by-object-under-eu-competition-law(6c486e81-7012-415e-86e5-74b0a78b81d7).html.

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In this thesis, the question is asked whether, in the light of the ’more economic approach’ adopted in recent years, it is correct to classify metal-neutral revenue-sharing airline alliances as restrictive of competition by object and interpret this concept in a wider sense under Article 101(1) TFEU. By relying on the example and analysis of airline alliances and in particular metal-neutral revenue-sharing alliances, the thesis argues that the ’orthodox’ or wider interpretation of restriction by object is correct and, as such, does not contradict the idea behind the more economic approach of EU competition law. However, the analysis of restriction by object has to take into account the effects of Article 101 TFEU as a whole, including Article 101(3) TFEU. Therefore this wider interpretation of object restrictions must be complemented by a realistic application of Article 101(3) TFEU, in order to achieve the desired outcome of an administrable and efficient enforcement regime that minimises error costs. This is a legal thesis. It will review the EU competition law approach to airline alliances and use the example of airline alliances to explore the issue of restriction by object and its interaction with Article 101(3) TFEU. The thesis examines both from an economic and legal point of view all those aspects of strategic alliances, air transport and strategic airline alliances that are essential for a thorough understanding of their characteristics when analysed under Article 101(1) and 101(3) TFEU. The research question concentrates on the dichotomy of Article 101 TFEU, and it is concluded that the experience of the aviation industry supports the thesis.

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35

Alotaibi, Musaed. "Does the Saudi competition law guarantee protection to fair competition? : a critical assessment." Thesis, University of Central Lancashire, 2011. http://clok.uclan.ac.uk/2389/.

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This research aims to investigate the Saudi Competition Law (2004) and its regulations and rules. It investigates whether the Saudi Competition Law guarantees protection for fair competition. . It looks into the defects in the Saudi Competition Law and its enforcement. The research also explores reforms needed to improve the Saudi Competition Law and how such reforms can be achieved. The study employs two broad approaches to answer the research questions: the black letter and socio-legal models; and two particular methods (as well as analysis of legal material and existing related literature), i.e, interviews, and two case studies in communications and civil aviation sectors. The findings show a conflict between the principles underlying Competition Law and currently implemented government policy. Barriers to entry, public and wholly-owned state companies’ immunity, the government’s privatisation policy, and the government role in the market contradict the general principles of the competition law. There is evidence of monopolistic practices, a lack of neutrality, and insufficient implementation of the law against government-owned companies. There also seems to be jurisdictional conflicts between the Council of Competition Protection (CCP) and authorities with similar functions. Critical assessment of the Saudi Competition Law revealed a number of problems in four areas: anti-competitive agreements, abuse of dominant position, mergers, and enforcement. Examining several cases showed some deficiencies in enforcement. The study suggests some recommendations for policy reform and modernisation of the Law and its regulations. The Shariah Law adopted general rules for regulating competition issues. It prohibits two main practices: monopoly and damage. Since this study is the first to address competition law in the Kingdom of Saudi Arabia, it is hoped that the research findings and outcomes will add to knowledge in this field, enabling greater understanding and leading to better application of the Saudi Competition Law, and thus be of benefit to both law researchers and to practitioners, investors (domestic and foreign), and consumers. This study is hoped to provide a framework for the countries of the Middle East, particularly the Arab countries, which are seeking to move toward more competitive markets, whether they have already adopted or are planning to adopt competition law.

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36

Ratz, Malcolm. "Competition Law damages and their quantification in South African law." Thesis, University of Pretoria, 2016. http://hdl.handle.net/2263/65715.

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Анотація:

thesis investigates the question of private competition damages actions arising from contraventions of the South African Competition Act 89 of 1998. The South African Competition Act has been actively and successfully enforced for almost 15 years. Great success has been achieved by the Competition Commission in uncovering cartel conduct and prosecuting contraventions of the Competition Act. The successful prosecution of contraventions of the Competition Act has resulted in contravening firms being ordered to pay millions of Rand in administrative penalties. Despite the success achieved by the competition authorities in uncovering contraventions and prosecuting contravening firms and gains for the fiscus in administrative penalties, the real victims of the anti-competitive conduct have to date failed to recover any compensation for the loss and damage caused by contraventions of the Competition Act. Section 65 of the Competition Act expressly acknowledges the right of persons who have suffered loss or damage as a result of a prohibited practice to recover private damages in the civil courts. However, the Act is silent on the way in which parties are to institute these actions. In addition, a survey of South African law shows that the South African law of damages remains untested when called upon to assess and quantify complex private competition damages. This thesis endeavours to contextualise the damages action referred to in section 65 of the Competition Act in order to provide clarity on the nature of the action and how a claimant may recover private damages arising from contraventions of the Competition Act. More developed foreign jurisdictions such as the European Union and United States are investigated in order to shed light on how private damages are dealt with in those jurisdictions, and how salient aspects of these damages regimes might assist with the development of South Africa’s approach to private competition damages actions. From this investigation, it appears that private damages actions arising from a contravention of the Competition Act should be recognised as a civil delictual action. Given the powers of discovery within the South African civil procedure, together with the duty of claimants to provide, and the courts’ quest to be provided with all relevant information, including expert evidence and opinion, it is submitted that no significant adjustments to South African law are required for the successful prosecution of private competition damages actions. However, the quantification of private damages continues to present challenges that have to be overcome - albeit that these challenges are not novel to competition law. In order to address the complexities of quantifying competition damages, the use of various economic models that may assist litigants and courts in assessing and estimating the extent of damage caused by a contravention of the Competition Act, are suggested and discussed. It is evident that the South African civil courts allow the leading of expert evidence to assist with the assessment and quantification of damages; however, the retention of the South African judiciary’s discretion to assess damages on the available evidence in the most beneficial and appropriate way remains a fundamental feature of civil damages assessment in South Africa. Existing structures within South African law are investigated, along with the procedural framework that serve as important building-blocks for the development of a successful culture of private competition damages actions and the development of a coincidental ancillary deterrent against contraventions of the Competition in the form of private damages actions. The fundamental requirements already exist within South African law for the enforcement and development of private competition damages actions in terms of section 65 of the Competition Act. These include liberal discovery procedures, favourable provisions pertaining to legal practitioners entering into contingency fee arrangements, and most recently, the acceptance and recognition of class actions for civil damages claims. In order to facilitate a claimant’s access to information and documents necessary for the proper formulation of a private competition damages action, recommendations are made to facilitate easy access to information germane to the bringing about and quantification of private damages actions. This will give further credence to the creation of effective structures for the administration of the provisions of the Competition Act, and facilitate, promote, and strengthen a further disincentive against contraventions of the Act in the form of private damages actions. It is recommended that a costs limitation be imposed on parties litigating for private damages arising from contraventions of section 65 of the Competition Act. Each party should be liable for its own costs, thereby achieving a balance between preventing frivolous and opportunistic litigation and facilitating, promoting and advancing the launching of private competition damages actions by the public. The public are in turn safe-guarded by the fact that large corporations cannot utilise the litigation costs and costs exposure as a tactic to discourage litigation.
Thesis (LLD)--University of Pretoria, 2016.
Private Law
LLD
Unrestricted

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37

Nguyen, Anh Tuan, アンチュアングエン, Shuya Hayashi, and 秀弥林. "Assessing the Effectiveness of Vietnam's Competition Law." 名古屋大学大学院法学研究科, 2010. http://hdl.handle.net/2237/14333.

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38

Messner, Gerd Erhard. "Institutionalised joint ventures under EC competition law." Thesis, University of Oxford, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.410879.

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39

Groves, Peter John. "Law and competition in the motor industry." Thesis, Open University, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.279001.

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40

Janse, van Rensburg Sean. "Administrative Penalties in South African Competition Law." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/75220.

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Анотація:

Competition law has been defined as the rules or provisions which aim to ensure and sustain a market where vigorous, but fair competition will result in the most efficient allocation of economic resources and production of goods and services at the lowest price. The goal, which competition law wishes to attain, is to level the playing field where both small and large firms can compete with one another, fairly and competitively, which in turn leads to a greater benefit for the consumer. South African competition authorities consider cartels as the most egregious of all competition law contraventions because of their harmful impact upon consumers, economic development and the market. Cartel activities are formed in secret and this renders these activities more dangerous, because it is difficult for competition authorities to detect and prosecute them. In South Africa, cartels are regulated in terms of section 4(1)(b) of the Competition Act 89 of 1998, which practices are per se prohibited. Section 4(1)(b) specifically lists the following activities as cartel practices: price fixing, bid rigging and market allocation. Administrative penalties are a common retributive and preventative tool in numerous jurisdictions, including South Africa, which are imposed on firms which participate in cartel activities. Section 59 of the Competition Act postulates that an administrative penalty may be imposed by the Tribunal on a contravening firm, should it be found that such firm has engaged in such prohibited practices. The penalty may be determined and enforced in one of two ways, either unilaterally by the Competition Tribunal in terms of section 59 of the Competition Act, or in terms of a consent agreement concluded between the contravening firms and the Competition Commission, which agreement needs to be approved and enforced by the Tribunal in terms of Section 58 of the Competition Act. The primary objective of the imposition of administrative penalties on cartelists is to both prevent and deter cartel behaviour. It is not a perfect system and has faced its challenges over time. The issues which the competition authorities have had with the imposition of administrative penalties relates to, inter alia, the quantification thereof, the enforcement thereof and the economic and social impact that such penalties have on the contravening firms, its employees and the consumers in general. This dissertation will interrogate the manner in which the competition authorities have approached the imposition of administrative fines. The focus will be on fines imposed for cartel conduct as set out in section 4(1)(b) of the Competition Act. The objective is to determine whether South Africa’s approach to the imposition of administrative fines is in need of reform, and if so, to make suitable recommendations.
Mini Dissertation (LLM)--University of Pretoria, 2020.
Mercantile Law
LLM
Unrestricted

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41

WANG, Yanchen. "Essays on market competition and law enforcement." Digital Commons @ Lingnan University, 2018. https://commons.ln.edu.hk/otd/37.

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My Ph.D. dissertation contains both theoretical and empirical studies on market competition and law enforcement. The first study, entitled “Piracy, Counterfeiting, and Market Competition”, is a theoretical study and investigates the economic consequences of intellectual property law enforcement by looking at two types of intellectual property infringement, piracy and counterfeiting. To investigate how the market power changes in the presence of piracy, we start with a static model made up of two horizontally and vertically differentiated goods, genuine product and pirated product. The representative consumer's utility is a function of the consumption of the two goods. The consumer can choose to buy one out of the two differentiated goods but faces a potential legal cost if he purchases the pirated product. The legal cost is exogenous and decided by the policy maker. We show that, as the level of law enforcement enhances, the substitutability between genuine product and pirated product decreases, and the market power of the genuine product producer increases. This makes the two products less likely to belong to the same antitrust relevant market, confirming the conjecture raised by Lin (2018). Next, we explore how anti-counterfeiting efforts under the intellectual property law affect market competition, by setting up a two-stage game made up of four firms: two branded firms and two counterfeiters. In the first stage, each branded firm can take anti-counterfeiting effort independently and simultaneously, which only affects its corresponding counterfeiter. In the second stage, four firms compete in the Cournot’s framework. We show that two branded firms’ decision variables are strategic substitutes, and the negative externality exists for branded firm to take anti¬-counterfeiting efforts. Due to the negative externalities, we confirm that the private anti-counterfeiting efforts chosen by branded-good producers are higher than the industrial optimum. The second study, entitled ^The Volcker Rule, Bank Stability and Bank Liquidity^, is an empirical study and focuses on the latest bank regulation, the Dodd-Frank Wall Street Reform and Consumer Protection Act. Specifically, we focus on section 619of Dodd-Frank Act, which is commonly known as “Volcker Rule” and imposes restrictions on banks’ ability to engage in proprietary trading activities. Using the passage of the Volcker Rule as an exogenous shock, we employ the difference-in¬differences analysis to investigate the effect of Volcker Rule on bank risk and liquidity creation. We find a significant reduction on proprietary trading among regulated bank holding companies (BHCs). In the meantime, we find that the enforcement of Volcker Rule induces a significant increase in liability-side liquidity creation and a decrease in the off-balance sheet liquidity creation. Our findings shed light on the trade-off of Volker Rule implementation in the United States.

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42

Seleke, Bobedi. "South African competition law's approach to dual distribution arrangements." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73062.

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Dual distribution arrangements are arrangements that, for the purposes of competition law, can simultaneously be classified as vertical and horizontal. In terms of the Competition Act No, 89 of 1998 (“the Act”), the actions that can be taken, and the legal consequences of those actions, are vastly different depending on the type of relationship between the parties. Unlike in a conventional horizontal relationship, in a dual distribution arrangement the manufacturer creates competition with itself. This type of hybrid relationship has confused competition authorities, as it is difficult to decide whether the horizontal or vertical aspect should prevail in order to characterise the agreement. In some instances, competition authorities have elected to disregard the other elements of the relationship and prosecute parties for contraventions of the Act based purely on one dimension of the relationship.
Mini Dissertation (LLM)--University of Pretoria, 2019.
Mercantile Law
LLM
Unrestricted

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43

Almgren, Teresia. "Barriers to market entry and EC Competition law." Thesis, Linköping University, Department of Management and Economics, 2004. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-2468.

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Hinder för marknadstillträde är viktigt i många avseenden. För ett företag som slår sig in på en ny marknad är det viktigt att veta vilka hinder det möter. För konkurrensrättsliga myndigheter är det nödvändigt att veta vilka hinder som existerar för att exempelvis kunna avgöra om ett företag har en dominerande ställning. Det är också nödvändigt att känna till hindren för att säkerställa en fri tillgång till marknaden.

Det saknas dock en generellt accepterad definition av hinder för marknadstillträde. Detta gör det svårare för de olika parterna på marknaden att veta om de handlat på ett otillåtet vis. Saknaden av en generellt accepterad definition och en klar åsikt om vad anses vara otillåtet enligt konkurrensrättsliga regler leder också till komplicerade och tidskrävande rättsliga processer.

Jag presenterar en rad olika definitioner samt en översikt av olika hinder för att klargöra ämnet. Jag diskuterar vilka hinder som är av intresse från ett konkurrensrättsligt perspektiv samt varför de är av intresse.

Jag kommer till slutsatsen att från ett konkurrensrättsligt perspektiv så är det inte definitionen i sig som är viktigast, utan man måste avgöra om ett hinder är otillåtet på individuell basis. Vid avgörande måste hänsyn tas till en rad olika faktorer, expempelvis den relevanta marknaden, vilken sorts hinder det gäller, hindrets effekt på marknaden, om hindret genererar några positiva effekter mm.

Barriers to entry are important from many aspects. For a firm entering a market it is important to know which barriers it is facing. From a competition authority’s perspective it is necessary to know the extent of entry barriers to determine for example if a firm enjoys a dominant position. It is also necessary to know the entry barriers in order to create provisions to ensure free market entry.

However, there is not one generally accepted definition of entry barriers. This makes it difficult for players in the market to assess when they are conducting a prohibited action. The lack of a standard definition and a clear opinion of what constitutes a prohibited barrier according to competition law also result in a more complicated and time-consuming judicial process.

I provide the reader with different definitions in order to clarify the matter. I also present an overview of barriers to entry. I also discuss which barriers are interesting from a competition law perspective and why they are of interest.

I conclude that, from a competition law perspective, it is not the definition of entry barriers that is of most interest. The most important question is without doubt whether the individual barrier constitutes an infringement to EC competition policy. That assessment must be done on an individual basis and it is an assessment that is dependant on many factors, such as the relevant market, the type of barrier, the affect the barrier have on the market, any pro-competitive effects etc.

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44

Decker, Christopher. "Economic expertise in competition law enforcement : collective dominance." Thesis, University of Oxford, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.433391.

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45

Witt, Anne-Christine. "The more economic approach to EC competition law." Thesis, University of Kent, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.504660.

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46

Williams, Anthony Mark. "Nascent competition law in China and Hong Kong." Thesis, King's College London (University of London), 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.408246.

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47

Gursoy, Ece. "The role of efficiencies under EU competition law." Thesis, King's College London (University of London), 2012. https://kclpure.kcl.ac.uk/portal/en/theses/the-role-of-efficiencies-under-eu-competition-law(b79657e1-1dd1-4d87-abcb-8cc6428153c2).html.

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At the beginning of the 21st century, the Commission embarked on a comprehensive review and came up with a series of new proposals for legislation in its modernisation and reform packages. One of the most striking features of the Commission’s efforts is the inclusion of economic factors into competition law analyses, allowing greater scope for economic efficiency arguments in its competitive analysis in different competition law areas, such as restrictive agreements, mergers and unilateral behaviour. -- The purpose of this thesis is to contribute to the understanding of efficiencies and their role in different areas of ED competition law. The thesis is divided into two parts. Part I of the thesis examines the concept of efficiency, the theory of welfare standards, and the relationship between such standards and efficiencies under different welfare standards. It explains the importance of efficiency considerations in competition law analysis and examines the main methodologies to take into account efficiency considerations. While discussing these methodologies, the thesis establishes the distinction between efficiencies as a defence to an otherwise anti-competitive conduct and efficiencies as a ’rebuttal’ and/or a ’factor’ in the overall assessment of the conduct. Part I also considers the source of efficiency gains and provided a typology of efficiencies to identify the potential types of efficiencies that are used in competition law analysis. -- In Part II, the thesis undertakes an extensive review as to how efficiencies are treated under the EU Merger Regulation, Article 101 TFEU and Article 102 TFEU. The thesis reviews the efficiency evaluation criteria and the European Commission’s past and current decisional practice to understand the role of efficiencies under EU competition law. The thesis also discusses the burden of proof in claiming and verifying efficiencies.

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48

Cattaneo, Andrea. "The application of EU competition law to sport." Thesis, Edge Hill University, 2017. http://repository.edgehill.ac.uk/9943/.

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The thesis has looked at the application of competition law of the European Union to sport. The main objective of the thesis is to understand whether the European institutions have adopted a sport-specific approach when applying competition law, and to identify problems connected to it. Sport presents a number of characteristics that differentiates it from any other industry. It is an area where private and public interests arise and demand protection. These range from private economic interests, to the protection of cultural aspects, health and well-being, and employment. The European Union has moved from an approach according to which sporting rules were not falling under EU law, to one where any sporting rule is capable of having economic effects and could therefore be assessed. In parallel, Sport Governing Bodies have stopped rejecting the intrusion of EU institutions in sport, and have accepted that the role of the authorities could be channelled to guarantee an area of autonomy. The thesis provides an original contribution to the body of knowledge in assessing the intensity of the economic analysis adopted by the EU institutions when examining conduct of Sports Governing Bodies. This aspect is particularly connected to the specific characteristics of sport, and of the sporting market. The research suggests to adopt a system of governance that is more collaborative and inclusive, and that is capable of representing the needs and protect the interest of all the industry stakeholders. This would require a greater involvement of the stakeholders in the rule setting and enforcement procedure, in order to channel the expertise of Governing Bodies and restrict the tendency to abuse of their regulatory powers.

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49

Mathobela, Keagile. "Disruptive innovations and their effect on competition law." Diss., University of Pretoria, 2019. http://hdl.handle.net/2263/73246.

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The metered taxi industry has over the years been regulated and controlled by various transport legislation and transport authorities, however because of the nature of the Uber business model, competition laws have been unable to regulate fair competition between Uber, taxi app’s such as Uber (like Taxify) and the traditional metered taxi industry. This dissertation focuses on Uber as a disruptive innovation in the public passenger transport industry. It explores the Uber business model of the online app and explains whether, if at all, Uber does qualify as a disruptive innovation and if so, to what extent does it pose a threat to its competitors in respect of competition issues such as price fixing, predatory pricing, vertical and horizontal agreements and abuse of dominance. In this dissertation I note the importance that regulators and the competition authorities play in venturing out of their comfort zones and re-examine their assumptions underpinning existing competition regulations in respect of new entrants in the market. The dissertation explores whether Uber has in fact operated outside of the competition regulations and whether its existence should be regulated. Moreover, this dissertation explores whether Uber as a disruptive innovation is potentially limiting on competing brands, such as the metered taxi industry and whether the existence of Uber and operation outside of normal competition legislation may cause the foreclosure and exclusion of competitors and therefore substantially limiting or lessening competition in the public passenger transport market. Lastly the dissertation explores how other jurisdictions have regulated any of Uber’s potential competition law infringements. The focus is based on the European Union and the United States of America jurisdictions.
Mini Dissertation (LLM)--University of Pretoria, 2019.
Mercantile Law
LLM (Mercantile Law)
Unrestricted

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50

Blank, Malin, and Anna Maria Persson. "The Swedish food retail market : An econometric analysis of the competition on local food retail markets." Thesis, Linköping University, Department of Management and Economics, 2004. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-2521.

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The Swedish food retail market contains of three major actors, ICA, KF and Axfood, all in all dominating 75 percent of the total market shares. The scant number of retailing actors indicates that the Swedish food retail market is a highly concentrated oligopoly, which as a fact has given rise to definite discussions and argumentations concerning the market situation. But is the food retail market imperfect and how do we reach a workable competition? Economic theory does not provide any clear answer on these questions, but is rather divided into two fundamentally different approaches to define competition: the static and the dynamic perspective on competition.

In an attempt to examine the competition on local Swedish retail markets, the purpose of this study is to carry out an econometric model estimating the situation. The model serves to explain the variation of ICA’s achievements measured in terms of turnovers obtained in the company. The explanatory variables composing the model are divided into three separate groupings: degreeof market concentration, storespecific factors and region-specific factors. Furthermore, in order to find out which one of the competitive explanations best fits the reality, the regression results are interpreted from a static and a dynamic perspective of competition. In part, we also aim to compare the results with the outline of the Swedish competition law.

We found that the level of concentration obtained in our material is high and is steadily increasing. We also found that stores do not, in any great extent, use price, service and quality as competitive methods. Thus, to gain competitive advantage, market actors must find other ways to carry out strategic market activities. The region-specific variables had either none or very little influence on ICA’s turnover. According to these findings, neither the static nor the dynamic perspective of competition is solely able to produce an accurate method for reaching a state of a workable competition. Instead, a combination of the static and the dynamic ideas may be regarded as the most advantageous way to generate suitable conditions for competition to be efficient. Therefore, in order to promote workable competition, the Swedish competition law must consist of a balance between the static and the dynamic view of competition.

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