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1
Holm, Cyril. "F. A. Hayek's Critique of Legislation." Doctoral thesis, Uppsala universitet, Juridiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-236890.
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The dissertation concerns F. A. Hayek’s (1899–1992) critique of legislation. The purpose of the investigation is to clarify and assess that critique. I argue that there is in Hayek’s work a critique of legislation that is distinct from his well-known critique of social planning. Further that the main claim of this critique is what I refer to as Hayek’s legislation tenet, namely that legislation that aims to achieve specific aggregate results in complex orders of society will decrease the welfare level. The legislation tenet gains support; (i) from the welfare claim – according to which there is a positive correlation between the utilization of knowledge and the welfare level in society; (ii) from the dispersal of knowledge thesis – according to which the total knowledge of society is dispersed and not available to any one agency; and (iii) from the cultural evolution thesis – according to which evolutionary rules are more favorable to the utilization of knowledge in social cooperation than are legislative rules. More specifically, I argue that these form two lines of argument in support of the legislation tenet. One line of argument is based on the conjunction of the welfare claim and the dispersal of knowledge thesis. I argue that this line of argument is true. The other line of argument is based on the conjunction of the welfare claim and the cultural evolution thesis. I argue that this line of argument is false, mainly because the empirical work of political scientist Elinor Ostrom refutes it. Because the two lines of argument support the legislation tenet independently of each other, I argue that Hayek’s critique of legislation is true. In this dissertation, I further develop a legislative policy tool as based on the welfare claim and Hayek’s conception of coercion. I also consider Hayek’s idea that rules and law are instrumental in forging rational individual action and rational social orders, and turn to review this idea in light of the work of experimental economist Vernon Smith and economic historian Avner Greif. I find that Smith and Greif support this idea of Hayek’s, and I conjecture that it contributes to our understanding of Adam Smith’s notion of the invisible hand: It is rules – not an invisible hand – that prompt subjects to align individual and aggregate rationality in social interaction. Finally, I argue that Hayek’s critique is essentially utilitarian, as it is concerned with the negative welfare consequences of certain forms of legislation. And although it may appear that the dispersal of knowledge thesis will undermine the possibility of carrying out the utilitarian calculus, due to the lack of knowledge of the consequences of one’s actions – and therefore undermine the legislation tenet itself – I argue that the distinction between utilitarianism conceived as a method of deliberation and utilitarianism conceived as a criterion of correctness may be used to save Hayek’s critique from this objection.
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Hsu, Selene M. "Evaluating U.S. and E.U. Competition and Supremacy Legislation." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/scripps_theses/583.
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How did EU and US legislation go from initially appearing to be the same, if not mirroring each other, to differing significantly in their execution of competition legislation goals? Why did the US take a more authoritative tone in enforcing interstate competition legislation? And if the EU is so inclined to mimic US policies 50 years ago, why didn’t their competition enforcement take the same form today? I hypothesize that the US and EU’s legislative history with regulating governmental supremacy is part of the clue to answering for these differences.
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Borg, Thomas. "The Relationship between EC-Law and Swedish Law regarding Competition and Labour Legislation." Thesis, Linköping University, Department of Management and Economics, 2001. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-901.
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According to § 2 of the swedish Competition Law it does not apply to agreements between employers and employees regarding salary and other working conditions. In the EC-treaty there is no such exception, but the European Court of Justice has established one. The purpose of this paper is to investigate if there are any differences between the two exceptions and, if so, how those differences effects the possibility to challenge swedish collective agreements from a competition law standpoint.
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Scruggs, Larry Glen. "Unrelated Business Enterprise and Unfair Business Competition Issues Facing Nonprofit Organizations." PDXScholar, 1996. https://pdxscholar.library.pdx.edu/open_access_etds/1361.
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Unrelated business enterprises have been an appropriate way for nonprofit organizations to generate income since the first income tax was enacted into law. The Internal Revenue Act of 1950 clarified this opportunity and enacted the Unrelated Business Income Tax to ensure that fair competition existed between nonprofits and for profit organizations. Nonprofit organizations conducting unrelated business enterprises are faced with a dilemma: it is legal for them to conduct such enterprises but if they do so they face potential litigation from for profit business for unfair competition and/or potential loss of tax-exempt status for operating outside of their exempt function. This dissertation traces the history and theory of tax-exempt status, the history of unrelated business enterprises, and how several states, including Oregon, have addressed the issue. It then explains two major pieces of litigation in Oregon in the 1980's, Southern Oregon State College and YMCA of Columbia-Willamette, then discusses the history of the media attention and legislative/bureaucratic action in the same period. Current litigation and media attention is then discussed. The paper then discusses two theoretical frameworks, Agenda Building and Advocacy Coalition, as a means to analyze the data. Following is a discussion of how the issues of unrelated business enterprises and unfair business competition can be handled by nonprofits and the changing criteria for tax-exempt status in Oregon. The dissertation concludes with the changing criteria for tax-exempt status in Oregon and fundamental philosophical and political issues yet to be decided. Included are recommendations such as a periodic review of tax-exempt status of nonprofits, the need for nonprofits to continually review their mission and exempt purpose, the need for nonprofits to maintain their relationships with the community they serve, and how nonprofits need to develop a self-governing program before government develops one for them.
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Oya, Kazuo. "The relationship between competition law and telecommunications regulation : a comparative assessment." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80945.
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This thesis seeks to contribute to solving the debate about the framework of rules and institutions applicable to public utility sectors, by adopting both economic theories, such as natural monopoly, network effects, and public goods, and practical analysis of the telecommunications sectors for both Australia and the United States. Governments must reevaluate the framework regulating public utility sectors whenever rapid technological advancements occur. This thesis argues that the antitrust authority better enforces competition rules, and that the sector-specific authority better enforces technical and universal service rules. The justification of the special competition rule concerning bottleneck facilities access should be limited. As for the universal service scheme, the enforcer should ensure competitive neutrality and adopt pro-competitive instruments. This framework would allow for a more market-oriented and economy-wide regulatory administration, as well as enforcement of the universal service scheme based on a more accurate reflection of the fundamental values of citizens.
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Nikolakakis, Niki. "The international legal ramifications of the OECD's harmful tax competition crusade /." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101823.
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In 1998 the Organization for Economic Cooperation and Development (the "OECD") commenced a campaign to eliminate harmful tax competition focusing on geographically mobile activities. The OECD targeted 35 jurisdictions and demanded that those nations amend their tax laws to remove the harmful features that provided more favorable tax treatment to geographically mobile capital than was available in some of its Member States. This thesis examines the international responsibility of the OECD and its Member States to determine whether their conduct in waging this campaign is in accordance with the international legal principles of state sovereignty and non-intervention. As an international actor with legal personality, the conduct of the OECD is found to engage its international responsibility for the breach of state sovereignty and non-intervention. The Member States in support of the OECD's actions are found to have primary and secondary responsibility under international law for the OEOD's actions.
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Janka, Sebastian Felix. "Control of mergers between newspaper enterprises under South African and German competition law." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50303.
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Thesis (LLM)--University of Stellenbosch, 2005.ENGLISH ABSTRACT: This thesis compares South African and German Competition Law. The focus is the control of mergers between newspaper enterprises. It has to be asked whether special rules should apply to transactions in this field, considering the importance of an unconcentrated, competitive press from an economic and political point of view. It will be shown that South African and German Competition Law are similar in many respects. Both legal systems follow a flexible, primarily economic approach to the consideration of proposed transactions, taking into account a plurality of factors to determine potential detrimental effects of mergers on competition. Moreover, pro-competitive gains and public interest issues are recognised under South African and German law. When it comes to the control of mergers between newspaper enterprises, though, the two legal systems diverge. Only under German Competition Law, are there specific provisions for press mergers. In view of a recently proposed amendment of the German Competition Law, the appropriate form of regulation that is likely to guarantee a free press, will be investigated. It will also be analysed, whether there is a specific need for press regulation in the South African context. Even though there are no special provisions under South African Competition Law, the South African Constitution leaves space for a broader understanding of the freedom of the press. Hence, it will be examined if the South African Constitution obliges the state to enact particular laws to protect press-plurality. Moreover, it will be analysed if the South African Competition Act should be interpreted in a manner that would promote plurality of the press. In the view of the eminent role of the press for a democratic society, it will be argued in this thesis, that there is a particular need for media regulation. Notably the significant levels of concentration in both German and South African press markets raise concerns as regards the protection of a free and pluralistic press. It will be shown that there are different foreign approaches to maintaining and promoting freedom of the press and it will be suggested that South Africa recognises a need for more press-specific regulation in the future.
AFRIKAANSE OPSOMMING: Hierdie verhandeling vergelyk Suid-Afrikaanse en Duitse mededingingsreg. Dit is gefokus op beheer oor persondernemings. Die vraag word gevra of spesiale reëls van toepassing behoort te wees op transaksies in hierdie sektor, indien die politieke en ekonomiese belang van 'n ongekonsentreerde en mededingende pers in ag geneem word. Dit word uitgewys dat Suid-Afrikaanse en Duitse mededingsreg in vele opsigte soortgelyk is, wat die regulering van samesmeltings betref. Beide regsstelsels volg 'n buigsame, hoofsaaklik ekonomiese benadering tot die oorweging van 'n transaksie. Beide neem 'n veelheid van faktore in ag om te bepaal of 'n transaksie moontlik negatiewe gevolge vir mededinging het. Verder word pro-mededingende en publieke belangsaspekte in beide die Suid- Afrikaanse en Duitse reg in ag geneem. In die geval van 'n samesmelting tussen koerantondernemings verskil die twee sisteme egter. Die Duitse reg het spesiale reëls vir samesmelting van sulke ondernemings. In die lig van wysigings wat onlangs aan die Duitse mededingsreg voorgestel is, word geskikte vlakke van regulering van die pers, wat nodig is om 'n vrye pers te waarborg, ondersoek. Aandag word geskenk aan die vraag of daar'n behoefte is aan regulering van die pers in die Suid-Afrikaanse omgewing. Alhoewel die Suid-Afrikaanse Grondwet nie spesiaal daarvoor voorsiening maak nie, laat die Grondwet plek vir 'n wyer begrip van persvryeid. Dus word vasgestelof daar 'n plig op die staat is om wetgewing in te voer wat die staat dwing om perspluralisme te beskerm. Verder, word bepaal of die Suid-Afrikaanse Mededingingswet op so 'n wyse interpreteer kan word dat dit perspluralisme sal bevorder. In die lig van die sentrale rol vir 'n vrye pers in 'n demokratiese samelewing, word geargumenteer dat, daar 'n spesiale behoefte aan reguleringvan die media is. Die hoë vlakke van konsentrasie in beide die Duitse en Suid- Afrikaanse persmarkte skep besorgheid oor die beskerming van 'n vrye en pluralistiese pers in hierdie lande. Dit word aangetoon dat daar verskillende benaderings tot die beskerming en bevordering van 'n vrye pers in ander lande is en daar word voorgestel dat Suid-Afrika 'n behoefte aan meer spesifieke reëls vir regulering van die pers erken.
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Gómez-Pérez, Alfredo. "Mexican telecommunications : a study of privatization of the state monopoly and opening of the market to competition." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33356.
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A little over 10 years ago the Mexican government privatized Telefonos de Mexico, S.A. (Telmex), the telecommunications monopoly that had dominated the market since 1948 and had become a government-owned company in 1976. This thesis focuses on the company's privatization and on the regulatory framework that resulted, analyzing the achievement of the objectives set with the purpose of liberalizing the market and opening it to competition and foreign investors.The main issues addressed are the regulatory framework of Mexican telecommunications, the players involved, interconnection of their networks, foreign investment in Mexican telecommunications, licensing of radio frequencies, rate regulation, universal service obligations, and the international scenario in liberalization of trade in telecommunication services and the relating international instruments, insofar as they relate to the Mexican experience.
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HERNÁNDEZ, GUERRERO Vanesa. "Tax incentives under the initiatives against harmful tax competition, the EC treaty provisions on state aid and the WTO Agreement on subsidies." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/25400.
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Defence date: 17 December 2007Examining Board: Prof. Ernst-Ulrich Petersmann (EUI Supervisor) ; Prof. Adolfo J. Martín Jiménez (Universidad de Cádiz, External Supervisor) ; Prof. Pierre-Marie Dupuy, EUI ; Mr. Richard Lyal, EC Commission
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
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Zwane, Bhangase Patrick Mzabalazo. ""A Critical and comparative analysis of the public interest case law jurisprudence of the competition tribunal of South Africa on large and notifiable mergers, since the enactment of the competition act no.89 of 1998(as amended)"." Thesis, University of the Witwatersrand, Johannesburg, 2007. http://hdl.handle.net/10539/20552.
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ThesesThe Competition Act no.89 of 1998 coupled with its amendments ushered in a new era in the competition analysis and merger approval process in South Africa. This research paper's purpose is to intimately explore the emergent doctrine of "public interest" institutionalized in this new dispensation of competition legislation. In particular this report places under the spotlight the treatment of public issues in case law jurisprudence as developed in the consideration and determination of large and notifiable mergers under the auspices of the competition tribunal of the Republic of South Africa since the inception of the said new legislative order. The efficacy of the determination of socio-political issues and pure competitive efficiency issues separately but under and by the same entity are also examined. The contrast between the South African approach to the application of the doctrine of the public interest and that of some other competition jurisdictions abroad is also explored.
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Giard, Timothée M. "The control of state aid to airlines by the European Commission /." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78215.
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The airline industry has undergone an unprecedented crisis in the aftermath of the events of September 11th, 2001 in the United States. At that time, the U.S. federal government rapidly moved to create and implement an important rescue package to ensure the sustainability of the U.S. airlines. Contrarily, the European Commission decided to keep the existing legislations and policies regarding state aid, allowing limited support from the Member States to their national carriers. For the Commission, the U.S. state-involvement in the air industry, as well as similar developments in other countries, was bound to create distortions of competition. This situation led the EU to submit a proposal to the Council and the European Parliament for a Regulation with aims to protect the Community airlines from the unfair pricing practices of state-aided non-Community air carriers. The text, modeled after the legislation applicable in the field of trade of goods, would fill a "legal void" and be a new efficient legislative tool for the Commission. Questions did arise, however, about its political legitimacy as well as its legal basis.
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Urquhart, Ian Thomas. "Interdependence, state competition, and national policy : regulating the British Columbia and Washington Pacific salmon fisheries, 1957-1984." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/27555.
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This study explores the politics of regulating the British Columbia and Washington commercial salmon fisheries between 1937 and 1984. The principal focus of this comparative-historical study is upon one particularly striking exception to the tendency of regulators to tighten commercial salmon fishing restrictions over time - the persistence of liberal offshore trolling regulations. The dissertation argues that the anomalous treatment of the offshore troll fishery during this period may be ascribed to the competition between states for the right to harvest salmon - a common property resource.
In making this claim, the study questions the adequacy of the interest-group driven explanations of policy which figure prominently in the literature on regulation. Two pillars of interest group theory, the tendencies to explain national policy only through reference to domestic politics and to reduce state behaviour to little more than the product of the demands of private sector interests, are challenged in this comparative case study.
The challenge to the first tendency of interest group theory is sustained by examining the relations between national regulatory preferences and the foreign fishery policy goals of Canada and the United States. The pursuit of two goals - Asian exclusion and North American equity - in bilateral and multilateral negotiations demanded the adoption of particular regulatory profiles. Liberal offshore troll regulations may be explained according to the legitimacy and bargaining advantages they lent to Canadian and American efforts to incorporate these two goals into modifications to the traditional fishery regime.
The study also suggests that, in a setting characterized by intergovernmental competition, regulatory policies may not always be equated with the preferences of interested private parties. In this setting the state's ability or willingness to respond to even the most influential private sector interests may be limited by the state's evaluation of its bargaining resources and requirements. State competition created a context where government attitudes towards offshore salmon fishing could be understood in terms of state preferences, preferences derived from officials' perceptions of the legitimacy of various national regulatory policies in the context of valued international institutions.
While state competition is the centrepiece of the explanation of national fishery policy developed in this study its explanatory power is mediated by two intervening institutional variables - the capacities of states to formulate and implement policies and the structure of the international regime itself. The level of knowledge regarding the salmon resource played an instrumental role in the formulation of regime goals and of pertinent national policies. The extent to which state management in offshore waters was fragmented between different bureaus affected the ability of officials to adopt national policies which suited their international purposes. The redistribution of the American state's fishery management capacity in the 1970s was a catalyst for the severe restrictions visited upon Washington trailers at that time.
A second institutional factor, the structure of the international fishery regime, also mediated the competition between states. The series of reciprocal fishing privileges agreements between Canada and the United States was particularly important in maintaining established offshore regulatory preferences during the 1970s when the clash between American and Canadian salmon fishery perspectives was intensifying.Arts, Faculty of
Political Science, Department of
Graduate
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SCHWADERER, Melanie Ariane. "Resale price maintenance in consumer good markets : an economic justification for the prohibition of RPM." Doctoral thesis, European University Institute, 2019. https://hdl.handle.net/1814/62545.
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Defence date: 27 February 2019Examining Board: Prof. Dr. Heike Schweitzer, LL.M. (Yale), Humboldt-Universität zu Berlin; Prof. Giorgio Monti, European University Institute; Prof. Dr. Rupprecht Podszun, Heinrich-Heine-Universität Düsseldorf; Prof. Lorenzo Federico Pace, Università degli studi del Molise
The thesis contributes to the debate on the EU’s approach to the business practice of resale price maintenance (RPM), which is widely criticized as too strict and in conflict with what is considered to be the consensus in the economic literature. The thesis critically dissects the economic consensus, on which the critique against the EU’s approach is based, by analyzing the empirical evidence that is cited to support the claim that RPM can frequently be explained by the service-based RPM models and shows that there is no convincing evidence that would support the significance of these positive RPM models that predict positive effects on welfare. To support this finding the thesis collects new evidence by surveying the marketing literature and shows that not only is there no convincing evidence that the positive RPM models frequently apply, but to the contrary there is evidence that these models are inconsistent with the real world phenomenon of RPM. Having refuted the service-based models the thesis takes up the scientific challenge that “it takes a theory to beat a theory” and proposes to fill the gap with three price-based models. The thesis offers an analysis of the three price-based RPM models, first from the perspective of welfare effects and then from a broader economic perspective in an attempt to ultimately show that the EU approach to RPM can be justified based on these economic models. All three models explain the situation in which RPM is used by a branded good manufacturer to create the perception of high quality, which is used either as a credible quality signal, becomes a component of the product or is used to bias the consumer decision; they thus enter the difficult terrain of consumer preference formation and of markets for the intangible components of a product.
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Keller, Klaus. "Regulatory aspects of airline alliances : a case study of Star Alliance." Thesis, McGill University, 2000. http://www.gbv.de/dms/spk/sbb/recht/toc/364628227.pdf.
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Wei, Chia-Lee 1971. "Cross-border strategic alliances in the transition of regulated telecommunications." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31178.
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Competing successfully in globalized markets requires a complex mix of product, price, promotion and distribution. It requires novel approaches to ownership in overseas involvement and the development of new modes of global relationships. In response to these needs, new types of alliances are emerging as corporations endeavor to meet the global challenge. At the forefront of globalization, the telecommunications industry is experiencing a high-rate of cross-border alliance formation.This thesis attempts to straddle both business and legal domains, on national and international levels, to survey the evolution of the telecommunications industry and to envisage the future prospects of multinational telecom carriers with respect to the conduct of transnational alliances for international expansion. Chapter 1 describes the changes occurring in the field of telecommunications, while Chapter 2 and Chapter 3 provide an essential understanding of the motivations and the modalities of cross-border strategic alliances and propose contracting techniques for the purpose of surmounting managerial and operational challenges that may be confronted when engaging in global strategic alliances. With a focus on the telecommunications industry, Chapter 4 explores the motives of and difficulties encountered by multinational telecom carriers in using alliances to expand globally, and examines their business strategies and performing phases. Chapter 5 further questions the necessity of using cross-border strategic alliances in an increasingly international competitive environment by examining the current national and international regimes with respect to the transactions of telecom services. The Conclusion reviews significant factors that may infringe upon the use of strategic alliances as a business strategy.
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Pavese, Yariv. "Is there a place for the public interest considerations in the competition legislation of a developing country like South Africa - generally, and specifically with respect to merger evaluation : an economic and legal analysis." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/14063.
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Includes bibliographical references.This paper examines the inclusion of public interest evaluations in competition law, generally and further specifically as it regards Merger Analysis. Reference will be made to the Competition Act (the Act) and to case law- so as to graphically illustrate examples where public interest considerations have, or at least should, substantially influenced decisions made by competition authorities. The basis of this paper will be to examine whether public interest in the general sense will enhance consumer welfare, and in the specific sense whether its consideration enhances the stated economic goals of income and wealth distribution with the overarching goal of realising economic growth and development.
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Delechat, Aude Simonne Emilie. "Une concurrence fiscale loyale (un compte de fée?) /." Thesis, McGill University, 2005. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=83950.
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Tax competition between tax sovereignties is a fact. We focus here on the international tax competition. Taxation is one of the tools of governance that States use to direct their policies. Tax authorities try to diminish the burden of their taxpayers to improve the national economic and social welfare. To aim this objective, Governments intensify the competitiveness of the domestic trade and/or attract foreign investments. Because every States share the same goal, Governments compete with each other on the tax field. This tax competition is qualified as beneficial on the one hand, and one the other hand---ever more often---the adjective used to qualify this competition would be "harmful". At first, this thesis exposes the situation of tax competition, presenting the opposing views and the concurring ones. Then, we look at the position of the Organization of Economic Cooperation and Development and the position of the European Union on this issue of tax competition. Historic summaries explain the point of view of these two organizations that are the leaders in the fight against the "harmful" tax competition. Finally, we give subjective ideas to re-think tax competition in a fair way.
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Guelfi, Audrey. "Implications of code-sharing agreements on air carriers' liability." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31161.
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Recognised as an excellent tool for competition in the current liberalised framework of international air transport, code-sharing is becoming a common practice, as an integral part of the activity of an airline, with obvious implications for both airlines and passengers.This thesis presents two predominant legal implications of such a practice, involving two carriers for a single flight: the contracting carrier and the operating carrier.
First, this study aims at examining the relationship between users/passengers and code-share partners, more particularly identifying the practice as misleading due to the non-disclosure of the actual operator of the flight, which is magnified by the inaccuracy and shortcomings of computerised reservation systems (CRS). The regulatory framework in this regard is described and the legal obligation to disclose the identity of the actual carrier is given top priority. The delimitation of operational responsibilities will also be addressed (inadmissible passengers, overbooking and baggage concerns). The private agreement between the code-share partners will be given importance in ascertaining the liability issues.
Second, the current international liability regime is analysed with a view to consider the code-sharing scenario. The potential conflict between the different international legal regimes governing air carriers' liability is highlighted in order that this aspect be taken into account by the code-share partners in their contractual agreement.
Last but not least, some provisions of the new Montreal Convention of 28 May 1999 will be examined. A closer look will be given specifically to those provisions of Chapter V that are particularly applicable to a code-sharing situation.
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Koether, Philipp. "On the basis of F.A.v. Hayek's idea of a free market monetary system and his publication: "Denationalisation ofmoney : an analysis of the theory and practice of concurrentcurrencies" (1976) about currency competition on financial markets inthe times of electronic commerce and the introduction of "e-money"." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2001. http://hub.hku.hk/bib/B31972810.
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Bödecker, Ursula. "Die polnischen Bibliotheksgesetze - eine Analyse ihrer Bedeutung für das polnische Bibliothekswesen." Doctoral thesis, Humboldt-Universität zu Berlin, 2018. http://dx.doi.org/10.18452/18865.
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Die polnische Bibliotheksgesetzgebung hat eine gefestigte Tradition. Seit der Wiedererrichtung des polnischen Staates im Jahr 1918 streben polnische Bibliothekare eine rechtliche Grundlage für das Bibliothekswesen im Land an. Ihre Bestrebungen münden letztlich im Dekret über Bibliotheken und die Betreuung von Bibliotheksbeständen vom 17. April 1946, das später durch das Gesetz über Bibliotheken von 1968 ersetzt wird. Im Zuge der Transformation nach 1989 tritt am 27. Juni 1997 ein neues Bibliotheksgesetz in Kraft. Die vorliegende Arbeit setzt sich mit der polnischen Bibliotheksgesetzgebung auseinander. Sie macht den deutschen Leser mit dem polnischen Verständnis der Begriffe „Bibliotheksrecht“ und „Bibliotheksgesetz“ vertraut, gibt einen Überblick über den Verlauf der Entstehungsgeschichte der polnischen Bibliotheksgesetze, beschreibt ihren Inhalt und beleuchtet ihre Realisierung. Auf der Basis der theoretischen Erkenntnisse setzt der anschließende empirische Teil der Studie auf, in dem die Bedeutung der polnischen Gesetze für das polnische Bibliothekswesen ermittelt wird. Dabei wird die Eignung dieser rechtlichen Grundlage als ein Instrument zur Gestaltung des polnischen Bibliothekswesens fokussiert. Die Bedeutung der polnischen Bibliotheksgesetze für das polnische Bibliothekswesen wird mithilfe von Experteninterviews untersucht. Als Akteure wurden fünf Bibliothekare, welche die polnische Bibliotheksgesetzgebung in besonderem Maße kennen, in polnischer Sprache befragt. Ihre Aussagen dienen der Bewertung der polnischen Bibliotheksgesetze in Bezug auf ihre Bedeutsamkeit.Polish library legislation has a strong tradition. Ever since the re-establishment of the Polish state in 1918, Polish librarians have been striving towards a legal basis for the library system in the country. Their efforts ultimately led to the Decree of April 17, 1946 on libraries and on the protection of library collections, which was then replaced by the law on libraries in 1968. As part of the transformation after 1989, a new library law came into effect on 27 June 1997. This thesis will deal with the law-making for libraries in Poland. It will introduce the German reader to the Polish understanding of the terms 'library law' and 'library legislation', provide an overview of how the history of Polish library laws unfolded, describe their content and shed some light on how they are implemented. Based on the theoretical findings, the subsequent empirical part of the study will demonstrate the significance of the Polish laws for the Polish library system. In doing so, it will focus on the suitability of this legal basis as an instrument for shaping and re-shaping the Polish library system. The significance of the Polish library laws for the Polish library system is examined with the help of expert interviews. Surveys were held in Polish with five librarians who know the ins and outs of library legislation in Poland. Their comments serve to the evaluation of Polish library laws in regard to their significance.
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Nicodème, Gaëtan. "Essays on the empirics of capital and corporate tax competition." Doctoral thesis, Universite Libre de Bruxelles, 2007. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210709.
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La thèse est une collection de cinq articles académiques, chacun apportant une contribution originale à la connaissance et à la recherche scientifique dans le domaine de l’économie de l’imposition du capital et des sociétés. Les travaux empiriques de Gaëtan Nicodème se situent dans le contexte de la concurrence fiscale en Europe.Le premier chapitre ‘Corporate Tax Competition and Coordination in the European Union: What do we know? Where do we stand? (Publié dans International Taxation Handbook) revisite la problématique de la concurrence fiscale dans l’Union Européenne, discute la littérature économique théorique et empirique sur la question et analyse les réponses politiques qui y sont apportées. Après avoir remis la problématique dans son contexte institutionnel, l’auteur compare les résultats provenant de la littérature avec les caractéristiques propres à l’Union Européenne, notamment en termes de l’étendue et des conséquences de la concurrence fiscale. Il passe ensuite en revue les questions théoriques et de mise en œuvre pratique que soulèvent une possible harmonisation et consolidation des bases fiscales de l’impôt des sociétés en Europe. Tout en gardant à l’esprit la diversité des solutions qui existent dans la mise en œuvre, il montre que l’harmonisation des bases fiscales est à même de générer des gains économiques. Le deuxième chapitre ‘Comparing Effective Corporate Tax Rates’ (à paraître dans Frontiers in Finance and Economics) passe en revue les méthodes de calcul de taux effectifs de l’impôt des sociétés. Le mérite de la contribution est non seulement d’offrir une typologie des ces taux mais également de montrer que leurs résultats sont très différents selon la méthode utilisée, que ce soit en niveau ou en classement des pays. L’auteur calcule également ces taux pour un échantillon de pays Européens avec une désagrégation sectorielle. Le troisième chapitre ‘Do Large Companies have Lower Effective Corporate Tax rates ?A European Survey’ utilise ces méthodes pour étudier s’il existe un lien entre les taux effectifs et la taille des entreprises. Utilisant de multiples méthodes d’estimation, l’auteur trouve un lien robuste et négatif entre le nombre d’employés et le taux effectif d’imposition des entreprises. Le quatrième chapitre ‘Foreign Ownership and Corporate Income Taxation :an Empirical Evaluation’ (co-auteur H. Huizinga et publié dans European Economic Review) constitue la première évaluation empirique pour l’Europe des théories d’exportation fiscale. Lorsque la mobilité du capital est imparfaite et que celui-ci est détenu par des actionnaires étrangers, les Etats ont un incitant à hausser la fiscalité pour exporter la charge fiscale sur ces actionnaires. L’étude empirique trouve une relation positive robuste entre le degré d’actionnariat étranger et la charge fiscale moyenne, validant ces théories. Le cinquième et dernier chapitre ‘Are International Deposits Tax Driven ?(Co-auteur H. Huizinga et publié dans Journal of Public Economics) analyse l’impact de l’imposition de l’épargne et de la fortune ainsi que de l’échange d’informations fiscales sur les dépôts bancaires internationaux. Utilisant des données bilatérales confidentielles de la BRI, l’étude montre que ces variables fiscales ont un impact sur ces dépôts, suggérant qu’ils sont en partie effectués pour éluder l’impôt.
Doctorat en Sciences économiques et de gestion
info:eu-repo/semantics/nonPublished
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Jesus, Michael de. "Regime jurídico portuário e a concorrência entre os terminais públicos e os terminais de uso privado." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21313.
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The objective of this work was to present the general guidelines of the Brazilian port law before the new legislation (Law 12.815 / 2013). Having done this, to present the peculiarities of the legal regime of authorization for the exploitation of private terminals, which can only be done by overcoming the traditional concept of the authorization institute and demonstrating that we are facing a polysemic concept. The work also addressed the intention of the legislator to bring competition to the port sector, requiring, for this, to establish regulatory asymmetry in the face of the peculiarities of being in front of a service that can be exploited, both as a public service and in the condition economic activity in the strict sense. To that end, there should be increased attention of the control agencies - National Waterway Transportation Agency and Administrative Council of Economic Defense
O objetivo desse trabalho foi apresentar as diretrizes gerais do direito portuário brasileiro diante da nova legislação (Lei 12.815/2013). Feito isso, apresentar as peculiaridades do regime jurídico da autorização para exploração de terminais privados, o que só pode ser feito superando a difinição tradicional do instituto da autorização e demonstrando estarmos diante de um conceito polissêmico. O trabalho também abordou a intenção do legislador em trazer a concorrência para o setor portuário, necessitando, para isso, estabelecer assimetria regulatória diante das peculiaridades de se estar frente a um serviço que pode ser explorado, tanto na condição de serviço público, quanto na condição de atividade econômica em sentido estrito. Para tanto, deve haver redobrada atenção dos órgãos de controle – Agência Nacional de Transporte Aquaviários e Conselho Administrativo de Defesa Econômica
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Ndou, Portia. "The competitiveness of the South African citrus industry in the face of the changing global health and environmental standards." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/477.
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In recent years, concern about food safety linked to health issues has seen a rise in private food safety standards in addition to the regulations set by the Food and Agriculture Organisation (FAO) in collaboration with the World Health Organisation (WHO). These have presented challenges to producers and exporters of agricultural food products especially the producers of fresh fruits and vegetables. In spite of the food safety-linked challenges from the demand side, the vast range of business-environment forces pose equally formidable challenges that negatively impact on the exporting industries’ ability to maintain or improve their market shares and their ability to compete in world markets. The objective of this study was therefore to establish the competitiveness of the South African citrus industry in the international markets within this prevailing scenario. Due to the diversity of the definitions of competitiveness as a concept, this study formulated the following working definition: “the ability to create, deliver and maintain value and constant market share through strategic management of the industrial environment or competitiveness drivers”. This was based on the understanding that the international market shares of an industry are a function of forces in the business environment which range from intra-industry, external and national as well as the international elements. The unit of analysis were the citrus producers engaged in export of their products and the study made use of 151 responses by producers. The study adopted a five-step approach to the analysis of the performance of the South African citrus industry in the global markets, starting with the analysis of the Constant Market Share (CMS) of the South African citrus industry in various world markets, establishing the impact of the business environmental factors upon competitiveness, establishing the costs of compliance with private food safety standards, determining the non-price benefits of compliance with the standards, as well as highlighting the strategies for enhancing long-term competitiveness of the industry in the international markets. South Africa is one of the top three countries dominating the citrus fruit export market. Since its entry into the citrus fruit exports market in the 1900s, the industry has sustained its activity in the international market. The Constant Market Share Analysis shows that, amidst the challenges on the international market side, and the changes in the business environment, over much of which the industry has limited control and influence, the industry has maintained its competitive advantage in several markets. The CMS shows that South Africa’s lemons are competitive in America. Despite a negative trend, the South African grapefruit has been competitive in France, Greece, Italy, the Netherlands and Spain. Oranges have been competitive in the Greece, Italy, Portugal, UK, Asian and Northern Europe markets. Competitiveness in these markets has been due to the inherent competitiveness of the industry. Competitiveness in such markets as the Middle East has been attributed to the relatively rapid growth of these markets. The South African citrus industry has similarly undergone many major processes of transformation. The business environmental factors influencing its performance have ranged reform to the challenges beyond the country’s borders. These factors directly and indirectly affect the performance of the industry in the export market. They have influenced the flow of fruits into different international destinations. Of major concern are the food safety and private standards. Challenges in traditional markets as well as opportunities presented by demand from newly emerging citrus consuming nations have seen a diversification in the marketing of the South African citrus. The intensity of competition in the global market is reflected by the fluctuations in the market shares in different markets as well as the increase and fluctuations of fruit rejection rates in some lucrative markets such as America. A combination of challenging national environmental forces and stringent demand conditions negatively impact on revenues especially from markets characterised by price competitiveness. This study identified cost of production, foreign market support systems, adaptability, worker skills, challenges of management in an international environment and government policies such as labour and trade policies as some of the most influential obstacles to competitiveness. Some of the most competiveness-enhancing factors were market availability, market size, market information, market growth and the availability of research institutions. However, compliance with private standards still poses a challenge to the exporters. The different performance levels of the industry in various markets prove the dissimilarity of the demand conditions in the global market. These are supported by the negative influence associated with the foreign market support regimes as well as the challenges associated with compliance with private food safety standards. While market availability, market growth, market information and size were identified as enhancing competitiveness, the fluctuations and inconsistencies in the competitiveness of the industry in different foreign markets require more than finding markets. Resource allocation by both the government and the industry may need to take into account the off-setting of the national challenges and support of farmers faced with distorted and unfair international playing fields. Otherwise, market availability is not a challenge for the industry save meeting the specifications therewith as well as price competitiveness which is unattainable for the South African citrus producers faced with high production costs. For the purposes of further study, it is recommended that account should be taken of all the products marketed by the industry (including processed products such as fruit juices) in order to have a whole picture of the competitiveness of the industry in the international market. This study also proffers a new theoretical framework for the analysis of the business environment for the citrus industry and other agro-businesses. This framework takes into account the indispensability of the food safety standards and measures as well as the diversity of the global consumer and the non-negotiability of food trade for the sustenance of the growing population.
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ATANASIU, Isabela. "Institutional analysis as an approach to assessing competition policy during transition : a study of Poland, the Czech and Slovak Republics and Hungary." Doctoral thesis, 1997. http://hdl.handle.net/1814/4549.
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NAGEL, Stephan Manuel. "Competition, labor, social security- Striking the right balance : the relationship between Community Competition Law and the member states' laws of collective bargaining and social insurance." Doctoral thesis, 2005. http://hdl.handle.net/1814/5593.
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BANIA, Konstantina. "The role of media pluralism in the enforcement of EU competition law." Doctoral thesis, 2015. http://hdl.handle.net/1814/37779.
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Defence date: 5 November 2015Examining Board: Professor Giorgio Monti, Supervisor-European University Institute; Doctor Rachael Craufurd-Smith, University of Edinburg; Professor Michal Gal, University of Haifa; Professor Peggy Valcke, Katholieke Universiteit Leuven.
Received the The Institute of Competition Law 2016 Concurrences PhD Award.
EU Competition Law is generally believed to play a negligible role in protecting media pluralism. Three arguments are usually put forward to support this position. First, the application of EU competition law ensures market access, thereby potentially delivering an outcome that is of benefit to media pluralism, but this outcome is entirely dependent on the economic concerns the European Commission attempts to address in each individual case and hence (at best) coincidental. Second, precisely because it is driven by efficiency considerations, EU competition law is incapable of grasping the qualitative dimension of media pluralism. Third, when exercising State aid control, the Commission can (and must) play only a marginal role in the planning and implementation of aid measures aimed at promoting media pluralism. This thesis puts forward the claim that EU competition law has potential that remains unexplored by questioning the accuracy of the above three assumptions. To test this claim, it examines a number of traditional and new media markets (broadcasting, print and digital publishing, online search, and news aggregation) and competition law issues (concentrations, resale price maintenance agreements, online agencies, abuses of dominance, and State aids to public service media). The study demonstrates that if relevant assessments are conducted properly, that is, by duly taking account of the dimensions that drive competition in the media, including quality, variety and originality, and by making appropriate use of the tools provided by the applicable legal framework, EU competition law may go a long way towards safeguarding media pluralism without the need to stretch the limits of the Treaty on the Functioning of the European Union. Amidst a deregulatory trend towards the media and given that the likelihood that action with far-reaching implications under other branches of EU law is low, the normative suggestions put forward in this thesis possibly form the only realistic proposal on the contribution the EU can make to the protection of pluralism.
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NOWAK, Bartlomiej. "Electricity and gas market liberalization in the EU as a part of the Internal Energy Market strategy: a cross-country study - and a lesson for Poland." Doctoral thesis, 2009. http://hdl.handle.net/1814/12013.
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Defence date: 18/05/2009Examining board: Wladyslaw Czaplinski (Polish Academy of Science, Warsaw); Leigh Hancher (Tilburg University); Heike Schweitzer (EUI); Jacques Ziller (Supervisor, EUI)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
In many EU countries, the infrastructure for supplying electricity and gas (electricity networks, gas pipelines, and storage facilities) are still properties of the so-called vertically integrated undertakings (VIU) responsible for the extraction or generation, supply, and transmission and distribution of the energy. While competition can be promoted in the generation/production and supply side of the vertical integration, transmission and distribution segments remain natural monopolies that hinder market mechanisms. Vertical integration simply raises the possibility for incumbents to favor their own divisions and to block new entrants. As a result, the Electricity and Gas Directives of the European Commission proposed several measures to foster competition in politically delicate structures of the electricity and gas markets. These measures involve non-discriminatory third party access to the gas and electricity infrastructure, independent regulation of the natural monopolies and the unbundling of the VIU. Unfortunately, my research shows that there are still many obstacles to fulfilling the potential of the internal market in electricity and gas. What is more since substantial delays have occurred in implementing the Directives, it is difficult to clearly evaluate what the final effect will be; nevertheless, it is possible to argue that the steps already taken are insufficient to create functional market.
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STAVROULAKI, Theodosia. "Integrating healthcare quality concerns into a competition law analysis : mission impossible?" Doctoral thesis, 2017. http://hdl.handle.net/1814/49704.
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Defence date: 22 December 2017Examining Board: Professor Giorgio Monti, European University Institute (Supervisor); Professor Hans-Wolfgang Micklitz, European University Institute; Dr. Okeoghene Odudu, University of Cambridge; Professor Daniel Sokol, Levin College of Law, University of Florida
Healthcare markets have started being created in Europe. Indeed, some European countries, such as the UK and the Netherlands, have started adopting the choice and competition model for healthcare delivery. Taking as a starting point that as health systems in Europe move towards market driven healthcare delivery, the application of competition law in these systems will increase, the goal of this doctoral thesis is (a) to identify some of the competition problems that may be raised in light of the reality that especially in hospital and medical markets the pursuit of competition and the pursuit of essential dimensions of healthcare quality may inevitably clash (b) to demonstrate that competition authorities would be unable to address some of these competition problems if they did not pose and address a fundamental question first: how should we define and assess quality in healthcare? How should we take healthcare quality into account in the context of a competition analysis? In delving into these questions, this doctoral thesis explores how the notion of healthcare quality is defined from antitrust, health policy and medicine perspectives and identifies three different models under which competition authorities may actually assess how a specific anticompetitive agreement or hospital merger may impact on healthcare quality. These are: (a) the US market approach under which competition authorities may define quality in healthcare strictly as choice, variety, competition and innovation (b) the European approach under which competition authorities may extend the notion of consumer welfare in healthcare so that it encompasses not only the notions of efficiency, choice and innovation, but also the wider objectives and values European health systems in fact pursue (c) the UK model under which competition authorities may cooperate with health authorities when they assess the impact of a specific transaction on healthcare quality. The thesis identifies the main merits and shortcomings of these models and emphasizes that what is crucial for the adoption of a holistic approach to healthcare quality is not only the model under which healthcare quality is actually integrated into a competition analysis but also competition authorities’ commitment to protect all dimensions of this notion.
Chapter IV ‘Integrating healthcare quality concerns into the US hospital merger cases : a mission impossible’ of the PhD thesis draws upon an earlier version published as an article 'Integrating healthcare quality concerns into the US hospital merger cases : a mission impossible' (2016) in the journal 'World competition'
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ARINO, Monica. "Regulation and competition in European broadcasting : a study of pluralism through access." Doctoral thesis, 2005. http://hdl.handle.net/1814/4544.
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MADIEGA, Tambiana. "Interaction between EC competition law and sector-specific regulation in converging electronic communications markets." Doctoral thesis, 2008. http://hdl.handle.net/1814/12006.
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Defence date: 27 September 2008Examining Board: Pr. Hanns Ullrich (EUI), Florence, Italy ; Pr. Heike Schweitzer (EUI), Florence, Italy ; Pr. Paul Nihoul (Université Catholique de Louvain), Belgium ; Pr. Catherine Prieto (Université Aix-Marseille, élue Paris I Panthéon Sorbonne), France
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
no abstract available
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PETROVCIC, Urška. "Competition law and standard essential patents : oscillating between protection of patent rights and access to standards." Doctoral thesis, 2014. http://hdl.handle.net/1814/32934.
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Defence date: 23 September 2014Examining Board: Professor Giorgio Monti, European University Institute (Supervisor); Professor Petros Mavroidis, European University Institute; Professor Dr. Thomas Ackermann, Ludwig-Maximilians-Universität München; Professor Dr. Hanns Ullrich, Max Planck Institute for Innovation and Competition, Munich
This thesis explores the way in which EU and U.S. antitrust rules address opportunistic conducts that emerge in the context of standard essential patents (SEPs). The analysis finds that the two systems have very different scopes in addressing those practices: conduct lawful under U.S. antitrust law is condemned by the EU competition law and vice versa. In contrast to other fields of antitrust, the differences between the EU and U.S. approach do not arise from the application of different legal standards, but rather reflect the core divergences in the statutory texts that address unilateral practices. The analysis also shows that both in the European Union and in the United States, competition authorities have tried to increase the scope of competition law—first, by stretching the antitrust doctrines outside established borders, and second, by advocacy measures designed to avoid opportunism related to SEPs. The thesis shows, nonetheless, that both approaches are problematic and a more cautious strategy is needed to avoid the risk of injecting imbalance in the standardization context.
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Munyai, Phumudzo S. "A critical review of the treatment of dominant firms in competition law : a comparative study." Thesis, 2016. http://hdl.handle.net/10500/21908.
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In South Africa compliance with competition law has become a major concern for firms that achieve and maintain certain levels of success and growth in the market, as their actions are often a source of complaints and litigation by rivals and competition authorities. With substantial financial penalties often levied against them for a variety of conduct deemed to constitute an abuse of their market position, dominant firms must constantly be aware of the likely impact of their business strategies and actions on both rivals and consumers. What were once thought to be normal and economically sound business practices and decisions, such as cutting prices to attract customers, have now acquired new meanings, with devastating consequences for dominant firms. So, are dominant firms under attack from competition law? In this study I aim to determine this.
I track the historical development of competition law in three jurisdictions: South Africa, America, and the EU, with the aim of identifying traces, if any, of hostility towards dominant firms in the origins of competition law. I further investigate whether the formulation and enforcement of certain aspects of existing abuse of dominance provisions manifest as hostility towards dominant firms. While acknowledging the important role that competition law enforcement plays in promoting competition and enhancing consumer welfare, I conclude that significant unjustified economic and legal prejudice is suffered by dominant firms as a result of the way in which certain abuse of dominance provisions have been formulated and applied. I also offer appropriate recommendations.Mercantile Law
LL. D.
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PISARKIEWICZ, Anna Renata. "Evolving forms of abusing dominant position in the electronic communications sector : critical analysis of the decisional practice and case law in the field of margin squeeze." Doctoral thesis, 2014. http://hdl.handle.net/1814/32093.
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Defence date: 28 May 2014Examining Board: Professor Heike Schweitzer (supervisor), Freie Universität Berlin Professor Thomas Fetzer, University of Mannheim Professor Pierre Larouche, Tilburg University Professor Giorgio Monti, EUI.
Received the The Institute of Competition Law 2015 Concurrences PhD Award.
A margin squeeze is an exclusionary form of abuse of a dominant position that a vertically integrated firm can implement when it sells its upstream bottleneck input to its downstream competitors. Because it is vertically integrated, the dominant incumbent can reduce the margin between the input price charged to competitors and the retail price charged to end-users by either raising the price of the input and/or lowering the price of its retail product/services to such an extent that the remaining margin of profit is insufficient for its rivals to remain competitive. Although the scenario of margin squeeze seems to be rather simple, the underlying economic and legal theories are not. Consequently, detecting a margin squeeze requires competition authorities to apply a complex imputation test, which in turn requires various methodological choices that can determine the outcome of the investigation. The principal purpose of the dissertation is to determine whether the European Commission's margin squeeze decisions are consistent with EU case law. The dissertation examines two alternative hypotheses. Under hypothesis A, margin squeeze is presented as a deviation from the essential facilities doctrine, which could be seen as an expression of regulatory competition law. Hypothesis B assumes that it constitutes another form of vertical foreclosure, the main question then being under what exact conditions foreclosure is likely in network industries where the margin squeeze doctrine traditionally applies. Two conclusions follow from the analysis. First, margin squeeze constitutes another theory of vertical foreclosure, and accordingly cannot be seen as an unjustified deviation from refusal to deal and essential facilities cases. Second, to ensure that the theory of harm in margin squeeze cases is credible, competition authorities could enhance their current analytical framework by regularly reviewing various additional elements, in particular the extent to which the wholesale product is important for downstream competition.
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PIERNAS, LÓPEZ Juan Jorge. "The concept of state aid under EU Law : from internal market to competition and beyond." Doctoral thesis, 2013. http://hdl.handle.net/1814/28047.
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Defence date: 3 June 2013Examining Board: Professor Giorgio Monti, European University Institute (Supervisor); Professor Hans-W. Micklitz, European University Institute; Professor Andrea Biondi, King's College London; Professor Piet Jan Slot, University of Leiden.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This thesis is concerned with the legal concept of State aid under Article 107(1) TFEU. It was born out of the concern that EU institutions and practitioners alike refer to it as if this concept had been immune to the evolution experienced by the context in which it has been applied: the Internal Market. Against this seemingly static background, the thesis argues that the concept of aid is a 'living instrument' that has been applied in accordance with the main policy priorities of the European Commission, a fact that had been underexplored in the literature and the implications of this connection seldom studied. The thesis also contends, contrary to what has been affirmed before by other authors, that the evolution of this concept has been influenced by the broader advancement of the case-law of the Court of Justice in different periods of the integration process. Thirdly, the thesis submits that the study of the origins of subsidy control in Europe, of the legislative history of today's Article 107(1) TFEU, and of the policy and enforcement considerations that have affected the development of the concept of aid is not only enriching from an intellectual point of view but also useful to decide difficult cases. In this regard, the thesis provides criteria to interpret and discuss cases, e.g. Sloman Neptun, Philip Morris or Azores, beyond the analysis traditionally carried out in this field, too often limited to the compatibility of these cases with the effects-based formula traditionally followed to define aid. Indeed, the emergence of that formula, of the Market Economy Investor Principle test, the Adria-Wien test for selectivity, the ups-and-downs of the De Minimis rule in this field, or the exclusion of regulatory measures from the notion of State resources, cannot be understood only by looking at the economic or even the strictly legal reasoning behind the relevant judgments. Instead, historical, policy and enforcement considerations are useful interpretative tools to fully grasp these developments, a point that this thesis contributes to making.
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PASTOR, MERCHANTE Fernando. "The role of competitors in the enforcement of state aid law." Doctoral thesis, 2014. http://hdl.handle.net/1814/34562.
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Defence date: 6 October 2014Examining Board: Professor Giorgio Monti, European University Institute (Supervisor); Professor Marise Cremona, European University Institute; Professor Leigh Hancher, Tilburg University; Professor José María Rodríguez de Santiago, Universidad Autónoma de Madrid.
State aid law is made up of rules and procedures whose main characters are the Member States – as the addressees of the norms – and the Commission – as their enforcer. The prominent position of these two actors often overshadows the impact that the administration of the rules on State aid has on private undertakings, be it the beneficiaries of State aids or their competitors. This thesis is concerned with the latter. The aim of the thesis is to assess the extent to which competitors may rely on the rules on State aid to protect themselves against the potentially harmful effects of subsidies and other forms of state, financial assistance to firms. This endeavour raises two challenges. The first challenge is to identify the channels through which competitors may voice their interest in the context of a system of governance to which they are in principle alien. This is the issue of access. The second challenge is assess the likelihood that the Commission shall heed to the concerns voiced by competitors. In other words, the challenge is to gauge the power of influence that competitors may exert through each of these channels. This is the issue of leverage. In order to carry out this inquiry, the thesis scrutinizes the means of redress available to competitors before national courts (“private enforcement”), as well as the opportunities that they have to make their voice heard in the course of the Commission’s procedures (“public enforcement”) – namely, the possibility to lodge complaints, the possibility to participate in the consultation phase of Article 108(2) TFEU and the possibility to seek the judicial review of State aid decisions.
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Bosman, Hermanus Lambertus. "Mededingingsregtelike beheer oor horisontale magskonsentrasies." Thesis, 2015. http://hdl.handle.net/10210/14165.
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CRUZ, Ana Elizabeth. "The future of liability of suppliers of services in the EC in light of the Commission's withdrawal of its proposed directive : harmonisation or regulatory competition?" Doctoral thesis, 1996. http://hdl.handle.net/1814/5491.
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HARACOGLOU, Irina. "The duty to deal in the biopharmaceutical industry : a follow-on innovation perspective." Doctoral thesis, 2005. http://hdl.handle.net/1814/4653.
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Defence date: 26 September 2005Examining board: Prof. Hans Ullrich (Supervisor, European University Institute) ; Prof. Christian Joerges (Co-Supervisor, European University Institute) ; Prof. David Vaver (Oxford University) ; Prof. Bernand Remiche (Université Catholique de Louvain)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
Using the example of research tools in biopharmaceutical research and innovation, this book examines the complexities of the relationship two fundamental areas of law and policy - intellectual property rights and competition law. It addresses a question that is certain to become paramount in other industries also: how to strike the balance between initial and follow-on innovation so as to ensure that access to 'essential' research tools (or other fundamental elements to follow-on innovation) is not impeded.The book concludes by suggesting how competition law could be used to complement the patent balance. "Competition Law and Patents" caters for various groups ranging from those with a general interest in competition law, patent law and/or biopharmaceuticals, to students who want to understand how competition and intellectual property work in practice (or to understand the interface between the two policies), and from practitioners and policymakers to people within the biopharmaceutical industry itself.
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MONTERO-PASCUAL, Juan J. "Public intervention in liberalised markets : from regulation to competition in European Telecoms?" Doctoral thesis, 2001. http://hdl.handle.net/1814/4714.
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MATAIJA, Mislav. "Private regulation, competition and free movement : sport, legal services and standard setting in EU economic law." Doctoral thesis, 2013. http://hdl.handle.net/1814/29605.
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Defence date: 18 November 2013Examining Board: Professor Petros C. Mavroidis, EUI (Supervisor); Professor Giorgio Monti, EUI; Professor Allan Rosas, Court of Justice of the European Union; Professor Stephen Weatherill, University of Oxford.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The thesis studies the application of EU free movement law and competition law to private regulation, understood as rule-setting, implementation and/or enforcement by private actors, whether on their own or in partnership with State bodies. Such private or co-regulatory schemes can be a beneficial way of achieving various public interest aims. They may also, however, restrict trade or competition. I argue that free movement (Chapter 2) and competition (Chapter 3) rules have been used as a form of meta-regulation, affecting the way private regulatory schemes are organised and structured. By doing so, however, they were forced to deal with situations that cannot be classified neatly following a public-private distinction. In response, the case law of the Court of Justice and the practice of the Commission have adapted by extending scrutiny over a wider variety of measures of private regulators while also broadening the scope for justification. This, however, increases the likelihood of overlap of the free movement and competition rules, which I analyze in Chapter 4, arguing that the two sets of rules should not be mutually exclusive but that their limits should be defined more clearly on their own terms. Finally, I look at the interaction between free movement and competition, as well as their impact, in three sectors where private regulation is prominent: sports (Chapter 5), legal services (Chapter 6) and standard-setting (Chapter 7). I discuss the justifications for regulation in all three sectors, as well as the legislative and institutional setting in which private regulators operate. In all three case areas, the two sets of rules were used in a partly strategic way to influence reforms of private regulation. The application of the rules was mainly driven by institutional choices rather than the objective‘ requirements of legal doctrine.
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SALVATORE, Vincenzo. "Concorrenza televisiva e diritto comunitario." Doctoral thesis, 1991. http://hdl.handle.net/1814/4776.
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LUNDQVIST, Björn. "Joint research and development and patent pools under the antitrust laws of the USA and the competition rules of the European Union." Doctoral thesis, 2010. http://hdl.handle.net/1814/14524.
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Defence Date: 10 May 2010Examining Board: Professor Hanns Ullrich, EUI (Supervisor); Professor Steven Anderman, University of Essex; Professor Gustavo Ghidini, Luiss Guido Carli University; Professor Hans-W. Micklitz, EUI
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Great prosperity is derived from innovation, which in turn prospers in an environment with a large public domain of free knowledge, property rights and unfettered competition. Generally, this was the basic theory for prosperity under the antitrust laws with reference to joint R&D, technology transfer and technology standardization in the US and Europe for many years. This perspective was slowly abandoned in the 1980s and 1990s, replaced by a belief that the greatest wealth was derived from innovators having large resources to perform R&D, the ability to cooperate with competitors and the possibility of jointly protect and exploit newly discovered knowledge through intellectual property rights, technology standardization agreements and joint licensing schemes. The antitrust policies on both sides of the Atlantic have closely and swiftly been adapted to mirror this change of theory. The thesis illustrates this transformation by analyzing the modifications and amendments made to legal acts and guidelines, and the slow shift in the scant case-law detected both under the antitrust laws of the USA and the Competition Rules of the EU. The thesis shows that the prevailing antitrust policies towards R&D collaborations, technology standardization agreements and patent pools are very similar in the US and EU and they both mirror a lenient or even supportive attitude towards collaboration between competitors in reference to creating innovation.
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DALY, Angela. "Mind the gap : private power, online information flows and EU law." Doctoral thesis, 2015. http://hdl.handle.net/1814/35407.
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Defence date: 3 March 2015Examining Board: Professor Giorgio Monti, European University Institute (EUI Supervisor); Professor Giovanni Sartor, European University Institute; Professor Lilian Edwards, University of Strathclyde; Professor Chris Marsden, University of Sussex.
This thesis examines how European Union law and regulation address concentrations of private economic power which impede free information flows on the Internet to the detriment of Internet users' autonomy. In particular, competition law, sector specific regulation (if it exists), data protection and human rights law are considered and assessed to the extent they can tackle such concentrations of power for the benefit of users. Illustrative case studies - of Internet provision, search, mobile devices and app stores, and the cloud – are chosen to demonstrate the gaps that exist in current EU law and regulation when applied to concentrations of private power online. It is argued that these gaps exist due, in part, to current overarching trends guiding the regulation of economic power, namely neoliberalism, by which only the situation of market failures can invite ex ante rules, buoyed by the lobbying of regulators and legislators by those in possession of such economic power to achieve outcomes which favour their businesses. Given this systemic, and extra-legal, nature of the reasons as to why the gaps exist, some 'quick fixes' from outside the system are proposed at the end of each case study, namely the potential for applying regulation and/or applying 'self-help' solutions, which are mainly technical measures using peer-to-peer design.
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Pawliczak, Jakub. "Rejestrowany związek partnerski a małżeństwo w prawie cywilnym." Doctoral thesis, 2013. https://depotuw.ceon.pl/handle/item/337.
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Zasadniczym celem rozprawy doktorskiej jest określenie charakteru prawnego rejestrowanego związku partnerskiego przez porównanie tej instytucji prawa cywilnego z małżeństwem. W związku z brakiem krajowej regulacji rejestrowanego związku partnerskiego analizie poddane zostały regulacje obowiązujące w państwach należących do tradycji prawnej romańskiej, germańskiej, nordyckiej oraz anglosaskiej, a także dotychczasowe polskie projekty ustaw. Badania prawnoporównawcze dowiodły tezy, że regulacje rejestrowanego związku partnerskiego łączą cechy wspólne, charakterystyczne dla tej instytucji prawa cywilnego. Po pierwsze, rejestrowany związek partnerski oparty jest na modelu normatywnym małżeństwa, czyli związku formalnego. Prawo określa sposób zawarcia (rejestracji) i rozwiązania związku przez dwie osoby, którym przyznane zostają wzajemne prawa i obowiązki osobiste oraz majątkowe. Po drugie, krajowe regulacje rejestrowanego związku partnerskiego zapewniają stronom prawa i obowiązki tożsame lub zbliżone do przewidzianych w prawie małżeńskim. Po trzecie, zawarcie rejestrowanego związku partnerskiego powoduje zmianę stanu cywilnego partnerów oraz powstanie między nimi stosunku prawa cywilnego (rodzinnego). Powyższe w znacznej mierze dotyczy również tzw. kontraktowej regulacji francuskiej i belgijskiej (z wyjątkiem zmiany stanu cywilnego), w szczególności po ich licznych nowelizacjach. W konsekwencji należy podzielić prezentowany w literaturze obcej pogląd, że rejestrowany związek partnerski jest „niemałżeńską”, regulowaną przez państwo instytucją prawną, umożliwiającą rejestrację związku dwóm osobom, które łączą zaangażowane, wyłączne i intymne relacje, co powoduje przyznanie im praw i obowiązków skutecznych między stronami oraz w stosunku do osób trzecich i państwa. W każdej postaci normatywnej rejestrowany związek partnerski pełni taką samą podstawową funkcję jak małżeństwo – gwarantuje ochronę prawną osobom, które zdecydowały się zarejestrować związek. Ponadto ustalono, że w państwach, które przewidziały możliwość zawarcia małżeństwa przez osoby tej samej płci, obowiązuje jednolita instytucja małżeństwa, którego zawarcie wywołuje zasadniczo tożsame skutki prawne niezależnie od płci stron. W ostatnim rozdziale rozprawy, przy uwzględnieniu doświadczeń zagranicznych oraz polskich uwarunkowań konstytucyjnych, sformułowano postulaty de lege ferenda co do optymalnego modelu rejestrowanego związku partnerskiego w prawie polskim. Należy bowiem rozważyć wprowadzenie rejestrowanego związku partnerskiego osób tej samej płci wzorowanego na regulacji małżeństwa. Nie wyklucza to przyjęcia również pewnych rozwiązań oryginalnych – uwzględniających specyfikę relacji osobistych i majątkowych między osobami tej samej płci oraz polskie uwarunkowania społeczne i kulturowe.
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Nagarajan, Vijaya. "The Australian authorisation process : discretion and public benefit in a regulatory agency." Phd thesis, 2009. http://hdl.handle.net/1885/151672.
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GIANNAKOPOULOS, Themistoklis K. "Rights and obligations of private parties in antitrust, merger, anti-dumping anti-subsidies and state aid cases." Doctoral thesis, 2000. http://hdl.handle.net/1814/4637.
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Defence date: 11 September 2000Examining board: Claus-Dieter Ehlermann (supervisor) ; Bruno De Witte ; Joseph Gilchrist ; Jacques Ziller
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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ARPIO, SANTACRUZ Juan Lorenzo. "State aids in the European Community : framework exceptions and implications for national economic policies." Doctoral thesis, 1996. http://hdl.handle.net/1814/4545.
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PAPAIOANNOU, Anna. "The discretionary power of the Commission of the European Communities in the field of state aids : aspects of the application of articles 92-94 EC." Doctoral thesis, 1994. http://hdl.handle.net/1814/4742.
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GEBSKI, Szymon. "The legal framework of EU state aid in light of the more economic approach : protecting competition or promoting a European industrial policy?" Doctoral thesis, 2013. http://hdl.handle.net/1814/27189.
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Defence date: 3 June 2013Examining Board: Professor Heike Schweitzer, Universität Mannheim / EUI Supervisor Professor Giorgio Monti, EUI Professor Leigh Hancher, Tilburg University Mr Nicola Pesaresi, European Commission.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This research aims to analyse the prohibition of State aid and compatibility assessments in the EU from the perspective of the 'more economic approach’ (MEA). The hypothesis enunciated in the thesis is that the MEA in State aid is applied in an instrumental manner, which goes beyond the paradigm of control justified by the coordination of national policies and the reduction of distortions of competition. Hence, the shift takes place with regard to: (i) the definition of the aims of public intervention and (ii) the methods of aid assessment. Firstly, by means of the MEA the Commission pursues a horizontal industrial policy, which presupposes a more pro-active approach and verification of the positive effects of aid, to the detriment of its negative effects. Secondly, the use of the MEA is policy driven - the Commission chooses the MEA to better regulate positive criteria for compatibility of aid, while avoiding applying refined economic analysis: (i) to the definition of aid and (ii) to assess the magnitude of the negative effects of aid. The research conducted here is oriented around four horizontal lines: (i) conflict and complementarities between competition and industrial policy, based on the analysis of State aid rules (ii) shift from negative to positive integration, which implies a transformation of State aid control and coordination into a State aid policy and has consequences for the aims and substantive criteria of the legal framework (iii) a 'better regulation’ of State aid by means of the MEA (iv) the competence of the Member States versus the competence of the Commission in the State aid legal framework.
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Magana, Kamogelo Sidwell. "Public interest versus competition considerations : a review of merger review guidelines in terms of Section 12 A of the Competition Act, 1998." Diss., 2020. http://hdl.handle.net/10500/27309.
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One of the recognised ways through which a firm may increase its market share or reorganise its presence in a market is through a merger. A merger occurs when independent firms combine their businesses. Section 12A of the Competition Act, 1998, provides two grounds in terms of which mergers must be evaluated by competition authorities. These are competition and public interest considerations. The Act is reticent on which, between the two considerations, should take precedence in the event that the two conflict. The anterior purpose of this study is therefore to provide an in-depth analysis on which consideration must take precedence in the event of conflict. On analysis, the majority of case law suggests that the competition considerations must take precedence. This observation is also buttressed by a significant amount of literature, which holds that in merger analysis, the public interests only play a secondary role to the competition inquiry.Mercantile Law
LL.M. (Mercantile Law)