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1
Sluijs, Jasper P. « Evidence-Based Legislation in EU Competition Law ». European Journal of Law Reform 24, no 1 (août 2022) : 85–103. http://dx.doi.org/10.5553/ejlr/138723702022024001006.
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Radvan, Michal. « Taxation in Democratic Czechoslovakia and the Independent Czech Republic ». Intertax 49, Issue 8/9 (1 août 2021) : 725–28. http://dx.doi.org/10.54648/taxi2021071.
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The taxation system in communist Czechoslovakia was based on the redistributive, regulative, and fiscal functions of taxes. After the Velvet Revolution in November 1989, it was crucial for the economy and economic development to change the tax system. To achieve this, new politicians decided for the slower transformation of Czechoslovakian tax law. Most of the tax acts that were valid in socialist Czechoslovakia remained in force after the Velvet Revolution; however, they were amended in 1990 with regard to the aim of the tax reform being prepared for 1993. In August 1992, the decision to split Czechoslovakia was announced. It was more of a historical coincidence that the independent Czech Republic’s foundation in 1993 was connected with complex tax reform. The reform’s primary aims were the link between tax revenues and gross domestic product; tax justice and fair competition; possible foreign investments and general openness to the European and international markets; elasticity and effectiveness of the tax system; and reduction of social criteria in taxation. The tax reform of 1993 in the Czech Republic is one of the most complex tax reforms globally. Most of the acts adopted at the end of 1992 are still effective. This article aims to introduce the developments in terms of taxation in democratic Czechoslovakia and the independent Czech Republic to international readers. Tax system, tax reform, Czechoslovakia, Czech Republic, Velvet Revolution, nullum tributum sine lege, income tax, property tax, VAT.
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Tomoszková, Veronika. « Umweltschutzrecht in Tschechien ». osteuropa recht 67, no 3 (2021) : 298–317. http://dx.doi.org/10.5771/0030-6444-2021-3-298.
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After 40 years of a totalitarian regime, the state of the environment in Czechoslovakia was catastrophic. The revolutions that swept through Central and Eastern Europe (CEE) in 1989/1990, including Czechoslovakia, sparked enthusiastic hopes for a better, democratic and perhaps “greener” future for this region. The major strategic goal of all the post-communist CEE countries was to join the European Union. The “eastern” enlargement was to take place under strict conditions in order to ensure that the EU does not suffer the negative consequences of an ill-prepared expansion. In the light of joining the EU, Czechoslovakia managed to adopt the whole series of progressive environmental legislation. However, after the parliamentary elections in June 1992 and the split of Czechoslovakia, environmental protection had to give way to economic growth and the overall transformation of society. This paper describes the development of Czech environmental law from a legal and a political perspective, providing examples illustrating the Czech Republic’s performance in implementing the EU environmental law and policy. After 17 years of membership in the EU, the Czech Republic and the implementation of the EU environmental law is still in conditional mode - the availability of the EU funds is the main leverage and motive to comply with the EU law.
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Olivares-Caminal, Rodrigo. « Competition Law and Financial Crisis ». Business Law Review 34, Issue 1 (1 février 2013) : 13–23. http://dx.doi.org/10.54648/bula2013003.
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Competition legislation contemplates certain exceptions to its main aim of promoting and ensuring competition by curtailing anticompetitive behaviour. These exceptions are rare and when allowed are usually for the benefit of consumers. The aim of this article is to provide a legal analysis of the exceptions to competition law and policy, particularly in the context of a financial crisis. An analysis on how legal restrictions can be slackened for greater benefit - which implies setting aside long-standing principles of law - is provided. Of particular interest is the bank merger activity during periods of financial distress, which can be seen as an example of a more lenient approach towards competition policy.
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Serdiuk, O., et I. Petrova. « Antimonopoly Legislation of Ukraine : Problems and Prospects ». Economic Herald of the Donbas, no 4 (66) (2021) : 5–10. http://dx.doi.org/10.12958/1817-3772-2021-4(66)-5-10.
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The article analyzes the state of development of institutions aimed at curbing destructive competition in Ukraine. Quantitative and qualitative indicators characterizing the level of destructive competition in Ukraine are analyzed. It was found that there is a tendency to reduce the total number of violations of legislation on protection of economic competition for 2014-2020. Among the most common violations of destructive competition are abuse of monopoly, anti-competitive actions, anticompetitive concerted actions and unfair competition. The analysis of the regulation of destructive competition shows that Ukraine's antimonopoly law needs further development, despite the positive feedback from leading EU and USA lawyers. It was revealed that the new stage of development of institutional support to overcome destructive competition requires improvement of antitrust legislation and the practice of its law enforcement. The directions of improvement of institutes of restraint of destructive competition in Ukraine according to the best international experience, and also essential increase of efficiency of activity of antimonopoly bodies at the expense of functional and structural delimitation of powers of Antimonopoly committee of Ukraine with use of cross-control are offered.
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Oleksiuk, Adam. « Alois Rašin – czeski i czechosłowacki ekonomista. Przegląd wybranych koncepcji, poglądów i doświadczeń ». Przegląd Wschodnioeuropejski 12, no 2 (31 décembre 2021) : 179–94. http://dx.doi.org/10.31648/pw.6872.
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Alois Rašín (1867-1923) was a Czech and Czechoslovak politician, economist, one of the founders of Czechoslovakia and its first finance minister. Alois Rašín is also the author of the first Czechoslovak law and the creator of the national currency, i.e. the Czechoslovak koruna. Rašín was a representative of conservative liberalism. The paper presents a review of Alois Rašín's concepts, views as the Minister of Finance of Czechoslovakia. Particular attention was paid to his efforts to regulate the currency and monetary system of Czechoslovakia, and to fight galloping inflation (hyperinflation). Rašín supported the free competition, believed in an entrepreneurial society, and believed that the state should strive to maintain a balanced budget.
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Lorenz, Moritz. « Guarding the Pass?The Forthcoming Chinese Competition Legislation ». World Competition 30, Issue 1 (1 mars 2007) : 137–52. http://dx.doi.org/10.54648/woco2007007.
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Competition legislation is soon to be enacted in the People’s Republic of China. It will cover the three ’’classic’’ pillars of competition law: prohibition of anti-competitive horizontal or vertical agreements, prohibition of the abuse of a dominant market position and merger control. The new law will considerably alter the legal landscape for the business operations of domestic and foreign undertakings in China. In addition, it is another milestone on the way to the transformation of the structure of the Chinese economy from a planned economy to a market economy. In the following article, the core areas of the new provisions are discussed and comparisons drawn with EU competition law. This article has been shortlisted for the 2nd World Competition Young Writer’s Award.
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Sibanda Sr., Omphemetse S. « Public Interest Considerations In The South African Anti-Dumping And Competition Law, Policy, And Practice ». International Business & ; Economics Research Journal (IBER) 14, no 5 (24 août 2015) : 735. http://dx.doi.org/10.19030/iber.v14i5.9376.
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The paper addresses the delicate issue of public interest considerations when determining anti-dumping, competition, and investment measures to balance it with the interest of other interested parties in South Africa. It is particularly argued that the South African anti-dumping legislation must be amended as to clearly mandate the consideration of public interest when imposing an anti-dumping (or safeguard measure). Also, it is argued that the foreign direct investment regime must take into account policy considerations such as black economic empowerment in the public interest. The South Africas competition legislation will be used as an example of the level of convergence that may be achieved having regard to the non-competition factors incorporated in the legislation and potential or perceived difficulties in reconciling a competition analysis with a public interest analysis.
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Menabdishvili, Solomon. « Merger Control in Georgia – National Legislation and Case Law Review ». Yearbook of Antitrust and Regulatory Studies 9, no 14 (2016) : 181–94. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.8.
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Georgia has amended its Law on Competition in 2014 in order to fulfil its obligations set out by the Association Agreement with the European Union. Despite further approximations of its laws with those of the EU, some serious flaws remain. Merging parties are obliged to submit a prior notification to the Competition Agency of Georgia if their total turnover exceeds 20 million Georgian lari (GEL) or if the value of their assets exceeds 10 million GEL (7,692,307 EUR). One of the most interesting aspects of the Georgian merger control system rests in what the Competition Agency is authorised to do in case of a failure to fulfil the notification duty. This paper will discuss Georgian rules on concentrations as well as two of its recent merger cases.
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Molchanov, A. V. « Development of legal institute of the auction within the competitive right ». Russian competition law and economy, no 1 (30 mars 2019) : 18–23. http://dx.doi.org/10.32686/2542-0259-2019-1-18-23.
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Regulation of relations connected with the organization and holding of tenders exclu- sively by the norms of civil law and civil legislation is impossible, since the issues of ensuring competition are of a public nature, aimed at ensuring public interest, which is the basis of the constitutional system of our state, and therefore require public legal regulation. Taking into account the importance of tenders for ensuring competition, it is more effective to develop both the legal institution of tenders in the sphere of complex branch of competition law and the legislation on tenders, as its external manifestation, in the sphere of antimonopoly legislation.
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Petr, Michal. « To what extent might (and should) the competition law apply to public authorities ? » Institutiones Administrationis 2, no 1 (22 juillet 2022) : 67–84. http://dx.doi.org/10.54201/iajas.v2i1.38.
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Even though public authorities, in particular the Government and the municipalities, may dis-turb effective competition by their exercise of public powers, competition law does not apply to them, except for the specific and limited circumstances when it can be used in connection with other Treaty provisions. This article first explores the limits of applicability of EU competition law on public authorities; it concludes that even though EU competition law as such does not provide protection against the conduct of public authorities that distorts competition, its scope should not be expanded. The aim of competition law is to limit market power, not official au-thority. Instead, after discussing the legislation of selected countries from Central Europe, it is put forward that specific domestic legislation, applied by competition authorities, may provide an effective remedy to this problem. As comparative research of these issues has been rather limited so far, further elaboration of this topic is recommended.
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Malinauskaite, Jurgita. « Development of Merger Control in Slovakia and Slovenia ». European Business Law Review 23, Issue 3 (1 juin 2012) : 375–403. http://dx.doi.org/10.54648/eulr2012021.
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Slovakia and Slovenia belonged to the former socialist units of Czechoslovakia and Yugoslavia, respectively, which meant that a journey to the EU for both countries was demanding - requiring to undergo through major reforms in their legal, economic and socio-political environments. The introduction of competition law, including merger control rules was another arduous challenge that both Slovakia and Slovenia had to master. This article will critically evaluate the introduction and further development of merger control regimes in Slovakia and Slovenia as far as jurisdictional, procedural and most importantly substantive issues are concerned.
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Armour, J. « Who Should Make Corporate Law ? EC Legislation versus Regulatory Competition ». Current Legal Problems 58, no 1 (1 janvier 2005) : 369–413. http://dx.doi.org/10.1093/clp/58.1.369.
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Koldinská, Kristina. « Czech and Slovak Labour Law — Protective or Liberal ? Labour Law from the Split of Czechoslovakia to post–EU Accession ». International Journal of Comparative Labour Law and Industrial Relations 24, Issue 3 (1 septembre 2008) : 397–421. http://dx.doi.org/10.54648/ijcl2008021.
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This paper examines recent developments, the present situation and future prospects for labour law in the Czech Republic and Slovakia. It is based on findings from a comparative study on the evolution of Czech and Slovak labour law during the period 1995–2005. The paper deals with the most important elements of labour law in the areas of individual labour relations, collective bargaining and employment policy. The main issue examined is the contrast between flexibility and rigidity in labour legislation in two new EU Member States.
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Koch, Hans-Joachim, et Moritz Reese. « Public Waste Management Services in the Internal Market – and the Interpretation of Article 106 TFEU ». Journal for European Environmental & ; Planning Law 8, no 1 (2011) : 23–45. http://dx.doi.org/10.1163/187601011x559709.
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AbstractA matter of current dispute in the German waste-management sector is the extent to which it is permissible under EU law to restrict the market for the recovery of household waste in favour of public providers of disposal services, as is common practice in many member states. This dispute raises fundamental questions as to the relationship between the public provision of services of general interest and European competition and so concerns, in particular, the relevant rules under Article 106 TFEU. In adopting this article, the parties to the Treaty have—as will be shown below—reserved considerable freedom to exempt public services of general interest from competition and the free movement of goods. Whilst their freedom to do so may be limited under secondary legislation providing for an EU-wide competition solution, such legislation must take the form of a targeted liberalisation measure which also lays down the accompanying rules needed to guarantee a universal, reliable and affordable provision of services. The secondary EU waste legislation does not meet this requirement.
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Danilovskaia, Anna. « Criminal-legal protection of competition in the United States ». Юридические исследования, no 2 (février 2020) : 30–43. http://dx.doi.org/10.25136/2409-7136.2020.2.32254.
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The subject of this research is the legislation and law enforcement in the area of criminal-legal protection of competition in the United States. The questions of counteracting encroachment upon competition alongside protection of rights of economic entities and consumers in case of unfair competition are one of the most relevant in the world. According to separate assessment, the U. S. antitrust legislation is recognized as most efficient. Its establishment, development, and application contributed to emergence of the generally accepted principles of protection of competition, such as per se and the rule of reason. Modern approaches towards restraint of violation of antitrust legislation determined the new trends in development of both, normative acts and judicial practice. Criminal legal protection of competition in the United States is characterized by strict prohibitions, high sanctions, presence of criminal-procedural authority of Antitrust Administration of the U. S. Ministry of Justice, as well as program of mitigation of responsibility for cartels. The goal of study lies in the analysis of legislation and law enforcement in the area of protection of competition in the United States for assessing the existing experience. The novelty consists in proposal of the author to take into account the U. S. experience with regards to countering encroachment upon competition, which can be valuable particularly in revision of the Article 178 of the Criminal Code of the Russian Federation, improvement of the program of mitigation of responsibility for cartels, systematization of the compositions of crime related to unfair competition, cooperation of anti-monopoly agencies and law enforcement authorities. The research results can be used in the work of Federal Anti-Monopoly Service, as well as educational process and scientific activity.
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Leakey, Liambela Muyunda, et Mubiana Mubiana. « Consumer contracts under the Zambian Law : Does the legislation Provide Adequate Consumer Protection ». International Journal of Research and Innovation in Social Science 06, no 04 (2022) : 179–96. http://dx.doi.org/10.47772/ijriss.2022.6413.
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Owing to the shift of the Zambian economy from a countrywide manipulative economic system to a free market economy, there has been neediness for the government to efficiently regulate the economic system to promote honest opposition and client safety. To achieve this, need the authorities enacted the Competition and Fair-Trading Act of 1994 which geared toward regulating anti-competitive practices and customer exploitations within the marketplace. Following some of the changes that have taken area within the Zambian financial system, Parliament enacted the Competition and Consumer Protection Act of 2010 which incorporates diverse revolutionary provisions which might be supposed to address modem financial demands inside the Zambian economic system. This paper focuses on establishing whether Consumer contracts under the Zambian Law if it Provides adequate Consumer Protection by evaluating its effectiveness within the selling and law of sincere competition, patron safety and financial increase in Zambia. It verifies whether the Competition and Consumer Protection Act has effectively and efficiently addressed winning social and financial desires of Zambia’s monetary expedient. The findings were that Competition and Consumer Protection Act become enacted with numerous progressive provisions which were probably presupposed to cope with modem monetary conditions in Zambia. Through those upgrades, the Competition and Consumer Protection Act has quite addressed triumphing monetary desires in the Zambian economic operations. However, despite enhancing the Law, the legislation has not Provided Adequate Consumer Protection as evident by the increasing number of cases being recorded in Zambia regarding consumer protection.
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Imarhiagbe, Miriam. « Right to Repair in EU Competition Law ». Nordic Journal of European Law 5, no 1 (31 août 2022) : 166–72. http://dx.doi.org/10.36969/njel.v5i1.24505.
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The Right to Repair-movement focuses on a fairly simple goal: an increase of sustainability through a consumer’s right to repair a good instead of disposing it and buying a replacement. However, this thought has yet to be comprehensively anchored in European legislation. In US law, for example, the Right to Repair movement has already achieved some developments in copyright law and even is pursuing its goals in antitrust. These measures frequently revolve around the automotive industry (especially regarding agricultural vehicles) as well as the electronic aftermarket. In contrast, EU law has – despite ambitiously efforts for sustainability goals – not given the right to repair the most prominent place in its environmentally-friendly toolbox yet. Still, the Right to Repair has left some marks in the EU and its traces can be found in the current legal framework – even in competition law.
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Jokovic, Slavica. « Bid Rigging Analysis and Relevant Provisions in the Serbian Legislation ». World Competition 42, Issue 2 (1 juin 2019) : 237–51. http://dx.doi.org/10.54648/woco2019015.
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The article reviews the main characteristics of bid rigging in public procurement regarding some forms, objectives and consequences, as well as various features of the industry, products and services that tend to facilitate collusion in public tenders. This article also describes the most common indicators of bid rigging in order to detect and prevent anticompetitive collusion. For the purpose of this analysis, the common definition of bid rigging and some practical examples are included in order to elaborate effective measures for its detection and prevention. Taking into consideration that certain public procurement rules may support bid rigging by lessening competition, this article gives an overview of the Law on Public Procurement in Serbia. It outlines relevant provisions that should boost competition and stimulate participation of potential bidders in the public procurement process. Some incentives concerning participation of small and medium enterprises in public procurement are examined, as well as certain new provisions aimed at increasing transparency, promoting integrity and preventing corruption in public procurement. This article also emphasizes the role of the Commission for Protection of Competition in fighting against bid rigging in public procurement. It includes examination based on legislative framework and empirical data of the Commission for Protection of Competition, that performs the activities in accordance with the Law on Protection of Competition. Some examples of bid rigging cases in Serbia are examined, as well. Finally, concluding remarks and recommendations are included.
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Arnold, Iván. « European Air Traffic Management from a New Perspective : Competition Concerns in the Single European Sky ». Air and Space Law 43, Issue 3 (1 mai 2018) : 319–55. http://dx.doi.org/10.54648/aila2018021.
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This article attempts to assess the Single European Sky (SES) from a competition policy and competition law perspective. While air traffic management (ATM) has been viewed as a traditional and firm example of the exercise of public powers, as a result of technological developments, sectoral EU legislation and the relevant activities of the European Commission, this assessment may no longer be valid and certainly needs to be reconsidered. The European ATM scene is in dynamic change, inspired by EU policies and driven by legislative acts. While a recent report of the European Court of Auditors highlights several problematic aspects of the SES, new European and global markets of ATM services emerge, traditional state functions are earmarked for privatization, powerful industrial partnerships try to shape future markets, public functions are subjected to industry governance and the whole sector is increasingly at risk of technological disruption by tech firms such as Google and Facebook, interested in developing automatized solutions for the separation of drones and possibly traditional ATM. At least some of these new developments may be relevant from the competition perspective. It will be argued that competition policy and competition law are not only relevant to the ATM sector, but they need to be considered when making political and business decisions and adopting new legislation. Focussing on the most relevant sectoral developments, including provisions of the reinvented SES 2 sectoral legislative proposal of the European Commission, the article will argue that overlooking competition policy and competition law in the digital SES may lead to anti-competitive consequences in the reorganized ATM sector.
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Yu, Lu Ming, et Yongyeh Ngalim Elizabeth. « A Comparative Study of China's Competition Law and Cameroon's Competition Law ; With Specific Regards to Challenges in the Implementation of Competition Law in China and Cameroon ». Journal of Politics and Law 15, no 1 (26 novembre 2021) : 34. http://dx.doi.org/10.5539/jpl.v15n1p34.
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This study aims to investigate and compare the competition laws of Cameroon and China, with a focus on the limitations and constraints of competition law implementation in Cameroon and China. By comparing the Competition Laws of China and Cameroon, the research intends to determine whether there are any limits in the implementation of Competition Law in Cameroon and China. To examine and get results for the research’s many goals and objectives, this study uses qualitative data analysis. Competition legislation has had a considerable impact on China's economy in recent years, and it will eventually have an impact on trade policies that are directly tied to the international market. During our research, we discovered that competition law regulations have an impact on national and international trade in each country. And we realized that Cameroon's competitiveness policies are in some ways behind the times in the twenty-first century.
As a result, there is a growing need to look into the divergence between China's competition law and Cameroon's competition law in order to assist Cameroonian competition law authorities in updating and making structural changes to Cameroon's competition legislation. These revisions will improve Cameroon's national and international trade policies, but they will have a substantial influence on the country's current economy. There may be some takeaways for China's competitive law policymakers as well. There is no academic work of this kind after a vast range of research, and this will be a wonderful opportunity to introduce creative work to this academic sector. The Anti-Monopoly Law of China has greatly evolved in the past years and there has been amendments and structural adjustments in the past years, which is very great, because Competition Law plays a great role in the economic progress of each country. As a result, the purpose of this study is to identify any obstacles to the implementation of Cameroon's Competition Law (Law No.98/013 of 14 July 1998) and China's Anti-Monopoly Law (2008).
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Herasymchuk, Yelyzaveta. « Analysis of the Experience of EU and USA in the Context of Improvement of the Ukrainian Legislation on Protection Against Unfair Competition in the Sphere of Intellectual Property ». Theory and Practice of Intellectual Property, no 4 (19 octobre 2022) : 52–59. http://dx.doi.org/10.33731/42022.265859.
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Keywords: legislation, legal regulation, unfair competition, intellectual property,remedies, European Union
Currently, violations of intellectual property rights are widespread through the prism of distortion of economiccompetition in the market. Objects of intellectual property, such as trademarks and trade secrets, are a tool for some business entities to obtain illegal profits at the expense of the reputation of other business entities. Precisely for this reason businessentities pay attention to monitoring and preventing possible violations of their intellectual property rights on the market, and this, in turn, requires the use of effective ways of protection. That it is important to improve the legislation of Ukraine on protection against unfair competition and development of new means of combating such violations.Having analysed the system of EU legislation, it can be concluded that the regulation of protection against unfair competition at the level of the EU is still more of a framework, and requires clarifying, as well as the provision of specific liability measuresand institutional mechanisms of ensuring and control at the level of legislation of specific EU member states.In the USA on the federal level there is no special legislative act on unfair competition, but the relevant rules are part of the general antitrust legislation. From this point of view, the respective legislation of Ukraine significantly differs by availabilityof the special Law. However, in Ukraine the rules on unfair competition are also to some extent subordinated to the general rules of economic competition protection in general. Unlike Ukrainian legislation, US legislation determines an exhaustive list ofactions that constitute unfair competition and distinguishes them into unfair actions and unfair practices depending on their recurrence.
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Blažo, Ondrej. « Directive on Antitrust Damages Actions and Current Changes of Slovak Competition and Civil Law ». Yearbook of Antitrust and Regulatory Studies 8, no 12 (2015) : 259–72. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.12.
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Slovak competition law enforcement can be characterized by infrequency of leniency applications and near absence of private enforcement. As a result, the adoption of the Damages D irective is not likely to cause substantial breakthrough in Slovakia, be it with respect to the rate of leniency applications or in private enforcement. A comprehensive amendment of Slovak competition law took place in 2014. Changes introduced therein reflected, among other things, the practice of the European Commission regarding access to its file. A new approach was also introduced towards damages claims submitted against leniency applicants. The paper will first consider the question whether it is necessary to further redesign these new Slovak rules because of the adoption of the Damages Directive, or if they have been successfully pre-harmonized. Along with changes to Slovak competition law, procedural rules for civil courts were also re-codified. Hence the second part of this analysis will focus on the question if a new civil procedure framework, including obligatory harmonization, could foster private enforcement of competition law. Summarizing the resulting answers, the third question focuses on who could benefit from further changes to Slovak legislation – final consumers or enterprises that are involved in the production chain. Finally, will changes in Slovak legislation driven by the Directive be coherent with its overall legal system, or will they appear to be an odd and peculiar piece of legislation?
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Zagainov, V. V., et E. V. Kuznetsov. « The Term “Unfair competition” from the Position of Private and Public Legal Relations ». Siberian Law Herald 2022.1 (2022) : 50–56. http://dx.doi.org/10.26516/2071-8136.2022.1.50.
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The existing regulatory definition of unfair competition in Russian legislation, enshrined in the Law on Protection of Competition, in practical implementation should be interpreted taking into account the current norms of national antimonopoly legislation. The analyzed scope of competence of the Russian antimonopoly authority, represented by the current antimonopoly service, indicates that this subject of law reacts to the identified cases of unfair competition, only in the form of the implementation of state authority. The Antimonopoly Service, wedging itself into the sphere of often-legal relations, simply does not take into account the will of an economic entity that has been or may be harmed and (or) harm its business reputation. In addition, the study found that the legal theory does not fully regulate the legal significance, role and economically justified aisles of state intervention in the regulation of relations arising from the manifestation of facts of unfair competition. The conclusion is given about the prevailing public relations actually existing in the sphere under study, in the implementation of which, private law forms of dispute resolution are often the result of the emergence of public legal relations, the mandatory party of which is the antimonopoly authority representing the interests of the state. The results of the study make a conclusion that allows us to make a proposal to the current antimonopoly legislation and eliminate the existing contradiction of the concept of “unfair competition” with the actual legal relations arising, according to the facts, between business entities and state bodies, thereby leveling to identify a legal conflict between civil law relations and the implemented administrative and criminal liability provided for by Russian legislation in the area in question.
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Holman, Christopher M. « Congress Considering Legislation Aimed at Increasing Competition in Pharmaceuticals ». Biotechnology Law Report 38, no 3 (juin 2019) : 144–53. http://dx.doi.org/10.1089/blr.2019.29125.cmh.
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Zagainov, V. V., et E. V. Kuznetsov. « On the Need to Improve the Concept of "Unfair Competition" ». Siberian Law Herald 4, no 91 (2020) : 41–48. http://dx.doi.org/10.26516/2071-8136.2020.4.41.
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The main legally significant features of the legal concept of “unfair competition”are considered. It is one of the forms of abuse of law, which is expressed in the illegal behavior of the subject of market relations, which by means of forms of implementation of its subjective right that are not permitted by law or contraryto business customs, creates obstacles in the exercise of its competitors ‘ business rights and (or) harms consumers. There is no consumer figure in the definition of unfair competition. If the damage is caused to them, their rights are protected by consumer legislation. Currently, there is no unified concept of “unfair competition”. In legal science and legislation, there are definitions of unfair competition, but having a common meaning, their interpretations differ significantly, generating, in turn, not only disputes in the ranks of the scientific community, but also having a significant impact on law enforcement practice. The integrity of an economic entity is manifested primarily in its lawful behavior, but when implementing civil rights in the field of competition, law enforcement officers must understand the essence and take into account each feature contained in the above concept, since, otherwise, mistakes may be made in the implementation of rights, obligations and prohibitions in the field of competitive relations in the market of goods and services. At the same time, attention is drawn to the imperfection of the legal concept, which leads to a narrowing of the scope of relations arising in the course of violation of competition rules. The latter is a circumstance that reduces the effectiveness of competition protection in the Russian Federation. In order to eliminate the identified gaps, it is proposed to make a number of changes to the competition protection legislation.
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Tatarinova, S. S. « PECULIARITIES OF DEVELOPMENT OF LEGISLATION ABOUT THE PROTECTION OF COMPETITIVENESS IN FRANCE ». Juridical Analytical Journal 15, no 1 (8 novembre 2021) : 10–14. http://dx.doi.org/10.18287/1810-4088-2020-15-1-10-14.
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The article considers the specifics of occurrence and the basic stages of development of the legislation on protection of competition in France. The author reveals the impact of socio-economic and political aspects in the formation of antitrust policy. France, as a state member of the European Union, subject to the rules of supranational law, the analysis of which is paid special attention. The author concludes about the growing influence of EU law over national law of France, including in the sphere of protection of competition.
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Nazifi, Ermal, et Petrina Broka. « Grounds for Private Enforcement of Albanian Competition Law ». Yearbook of Antitrust and Regulatory Studies 9, no 13 (2016) : 61–76. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.13.3.
Texte intégralRésumé :
Infringements of competition law can cause serious harm to both consumers and undertakings. Aside from the development of public enforcement of competition law, much focus has been placed in recent years in the European Union on private competition law enforcement. Lawsuits raised by undertakings that sustained damages from anti-competitive practice concerning the compensation of such damages have historically not been widespread in Europe. No such cases have been recorded in Albania at all yet, despite the fact that its competition protection legislation has provided this possibility since 1995. The main causes of the lack of private competition law enforcement in Albania include the absence of judicial practice and doctrinal approaches in this area. Relevant here is also the inability of Albanian businesses and consumers to react to competition protection cases as they still lack competition law knowledge and as a result of the absence of an appropriate legal framework for class actions. The scope of this article is to analyze the current situation of private competition law enforcement in Albania. The paper emphasizes the current legal framework including existing obstacles to private competition law enforcement and improvements that should be introduced in the context of its competition law, the law of civil procedures and the law of obligations.
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Kwok, Kelvin Hiu Fai. « The New Hong Kong Competition Law : Anomalies and Challenges ». World Competition 37, Issue 4 (1 décembre 2014) : 541–67. http://dx.doi.org/10.54648/woco2014047.
Texte intégralRésumé :
Enacted in 2012, the Hong Kong Competition Ordinance represents the first cross-sector competition legislation governing the Hong Kong Special Administrative Region. This article critically evaluates the peculiar aspects of the Competition Ordinance with reference to the legislative history as well as the competition law and enforcement experience of foreign jurisdictions (such as the European Union, the United States, and Australia). These aspects include: (i) the lack of cross-sector merger control; (ii) the 'substantial market power' requirement under the second conduct rule; (iii) the 'object or effect' test under the second conduct rule; (iv) the blanket exclusion of statutory bodies; (v) the power of the Chief Executive in Council to disapply the competition rules; (vi) the turnover de minimis thresholds; (vii) warning notices; (viii) the judicial enforcement model and restrictive private actions; and (ix) the capping of fines at 10% of local turnover. This article discusses solutions to some of these problems, and the challenges ahead for competition law enforcement in Hong Kong.
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Shkliar, Sergii, et Olha Bulaieva. « PROTECTION OF ECONOMIC COMPETITION : AN OVERVIEW OF THE LATEST LEGISLATIVE NOVELTIES ». Administrative law and process, no 2(25) (2019) : 165–71. http://dx.doi.org/10.17721/2227-796x.2019.2.11.
Texte intégralRésumé :
Purpose. The article is dedicated to the analysis of the main changes introduced by the Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition”. Methods. Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition” proposes the implementation of several novelties. Among them are: the restriction for the Antimonopoly Committee of Ukraine by certain time limits for considering cases; possibility of extension of the term for consideration of cases by decision of the Committee’s State Commissioner or head of a territorial office; renewal of deadlines for consideration of cases where the respondent is replaced or a co-respondent is involved; provision for the consequences of missing the deadlines for considering cases and also the mechanism of consultations during the consideration of a case, which may be appointed either on the initiative of the Antimonopoly Committee of Ukraine or on the motion of interested persons. Results. The abovementioned amendments will influence the existing system of economic competition protection in a serious way. Among the changes are: – the fine for delayed payment of a fine imposed by the Antimonopoly Committees of Ukraine decision on violation of the legislation on the protection of economic competition is cancelled; – the member of the Antimonopoly Committee of Ukraine who conducted or organized an investigation is deprived of the right to vote in the process of decision-making in the respective case; – the procedure for holding hearings is defined; – recusals and self-recusals are envisaged for the Antimonopoly Committee of Ukraine officers; – the grounds for acquiring the third-party status in a case are changed; – the rights of persons involved in the case are specified and expanded. An important remark of the Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition” is that a person that is exempted from liability or whose fine is reduced shall still be liable for damage caused by the violation to other persons. Conclusions. As a result, Law of Ukraine “On Amendments to Some Laws of Ukraine ensuring the principles of procedural justice and increasing the efficiency of proceedings in cases of violations of the legislation on the protection of economic competition” is expected to become an important step forward in increasing the effectiveness of investigations into violations of the legislation on the protection of economic competition. It can also be regarded as the next step to harmonize Ukrainian legislation with the European Union acquis.
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Gvelesiani, Zurab. « Georgia’s First Steps in Competition Law Enforcement : The Role and Perspectives of the Private Enforcement Mechanism ». Yearbook of Antitrust and Regulatory Studies 8, no 12 (2015) : 215–36. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.10.
Texte intégralRésumé :
The goal of this article is to assess the role and perspectives of the private enforcement of competition law mechanism in Georgia. The discussion starts with a brief review of a number of major events that have occurred in Georgia in the last two decades, which have shaped its competition law. The paper provides next an assessment of the current stage of the development of Georgian competition legislation, the necessity for a private enforcement model as well as the rules and legal tools offered by existing Georgian law in that regard. Outlined are also a number of challenges that must be overcome in order for Georgia to develop a successful and effective private enforcement system. The examination is based on a wide range of Georgian legislation; the interpretations provided are supported by existing enforcement practice, views of experts and scholars, research studies, reports and surveys from various national and international organizations.
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Surya Putra, A. A. B. N. A. « Competition Law and Policy Harmonisation : Its Relation to Fair Competition Realisation in ASEAN Single Aviation Market ». Udayana Journal of Law and Culture 3, no 2 (31 juillet 2019) : 164. http://dx.doi.org/10.24843/ujlc.2019.v03.i02.p03.
Texte intégralRésumé :
A well-functioning ASEAN Single Aviation Market Requires a level-playing field and fair competition. ASEAN does not have a multilateral agreement on competition related issues but opts to harmonise its Member States’ domestic legislation. This article asks whether this approach is appropriate to realise fair competition in ASEAN Single Aviation Market. It finds that mere harmonisation of laws and policies is insufficient without being complemented by effective implementation and enforcement. While regional enforcement is the ideal way of preventing and opposing unfair competition, this article also proposes the adoption of the concept of international comity as an achievable alternative to currently unequal ASEAN competition laws or the absence thereof.
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Choi, Yo Sop. « The Enforcement and Development of Korean Competition Law ». World Competition 33, Issue 2 (1 juin 2010) : 301–15. http://dx.doi.org/10.54648/woco2010022.
Texte intégralRésumé :
Competition law and policy in the Republic of Korea (‘Korea’) have been developing since the first legislation in 1980, focusing on prohibiting unfair business practices. The Korean competition authority has heavily relied on legal provision on unfair business practices rather than unfair concerted practices, or abuse of market dominance in its enforcement. This provision is unique, giving the Korean competition authority full power in its implementation of law. However, implementation of this legal provision is very unclear, since it can be used as a catch-all provision. This article discusses of crucial problems in Korean competition law and critically analyses current implementation. It then suggests amendments to provisions on unfair business practices. This article adopts a categorization approach based on market share threshold, by looking at other competition regimes’ legal techniques and re-examining them in the Korean context. This article argues that simplified language through clear market power presumption, by means of a market share threshold test, provides concrete guidance for competition law in the civil law system. The Korean competition authority will subsequently narrow the scope of the provision on unfair business practices and develop implementation of law based on anti-competitive agreements and abuse of market dominance.
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Tymchenko, L. M., et V. Shtunder. « Legal protection against unfair competition under the economic legislation of Ukraine ». Uzhhorod National University Herald. Series : Law, no 67 (16 janvier 2022) : 119–23. http://dx.doi.org/10.24144/2307-3322.2021.67.24.
Texte intégralRésumé :
The article examines the legal nature of unfair competition, regulations governing competition, methods of protection of economic entities in commodity markets, as well as the application of sanctions for violations of Ukrainian legislation on economic competition. According to the Law of Ukraine "On Protection against Unfair Competition", unfair competition is any action in competition that contradicts the rules, trade and other fair practices in business. Unfair competition includes the misuse of an entity’s business reputation, the creation of barriers to the entity’s competition and the achievement of undue competitive advantages, the unlawful collection, disclosure and use of trade secrets. The main methods of unfair competition include economic espionage, counterfeiting of competitors, bribery and blackmail, misleading consumers, fraud with business reporting, currency fraud, concealment of defects and more. The article considers the concept of fair and unfair competition from the point of view of different scientists. There are different approaches to the concept of "unfair competition" in the scientific doctrine, for example, the scientist N. Saniakhmetov notes that "unfair competition is a violation of rules of conduct that have developed, are widely used in business and are recognized by entrepreneurs as mandatory business rules that harm relations of fair competition and freedom of entrepreneurial activity ". According to O. Bezukh, "unfair competition arises as a result of illegal use of other people's intellectual products for commercial purposes, business reputation, other achievements of enterprises, goods or activities of a competitor, misleading consumers about competitors and gaining illegal advantages in competition." The general definition of unfair competition is contained in the Paris Convention for the Protection of Industrial Property, so according to this document, unfair competition is any act of competition that is contrary to fair practice in industrial and commercial matters. The article analyzes the mechanisms of combating unfair competition, highlights the administrative and judicial methods of combating unfair competition. It turned out that the body that deals with the fight against unfair competition is the Antimonopoly Committee. The article analyzes judicial practice in recent years. The provisions of foreign legislation on combating unfair competition have also been studied.
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Lilleholt, Kåre. « Remedies and Substantive Law European Dimensions of Economic and Private Law ». European Business Law Review 23, Issue 6 (21 janvier 2012) : 861–912. http://dx.doi.org/10.54648/eulr2012037.
Texte intégralRésumé :
The topic is the private law consequences of breaches of EU law as developed in legislation and case law, and the links with ongoing efforts to establish principles and model rules of European private law. The fields covered in the discussions included competition law, public procurement law, intellectual property law and rules on free movement, with remedies ranging from injunctions and termination of contract to damages and restitution. The papers confirm the underlying assumption that there is a need to develop general doctrines and principles of remedies in EU law and national law.
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Żelechowski, Łukasz. « Protection of Unregistered Distinctive Signs within Unfair Competition Law : the Polish Perspective ». GRUR International 69, no 1 (1 janvier 2020) : 14–27. http://dx.doi.org/10.1093/grurint/ikz013.
Texte intégralRésumé :
Abstract The protection of unregistered distinctive signs is essentially non-standardised at the international and EU level. The purpose of this paper is to provide an overview of the legal framework relating to the protection of trade names, unregistered trade marks and geographical indications from the perspective of Polish law in which protection of unregistered distinctive signs is predominantly available based on unfair competition law. The analysis takes account of the respective EU legislation, notably the Unfair Market Practices Directive and its impact on combatting unfair competition caused by use of distinctive signs under Polish law, as well as interactions with the national and EU legislation in other areas such as trade mark law and the protection of registered designations of origin and geographical indications. Comparative remarks are occasionally included. The paper also examines the issue of the nature of civil law protection of unregistered distinctive signs under Polish unfair competition law, which is the subject of divergent views among Polish scholars. With regard to the perplexing question of whether provisions of unfair competition law could constitute a basis for distinguishing exclusive rights to unregistered distinctive signs or whether they provide ‘merely’ tortious protection that does not presuppose the existence and infringement of such rights, this paper puts forward arguments in support of the latter qualification.
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Kozhevnikov, V. O. « Administrative services in the sphere of economic competition ». Uzhhorod National University Herald. Series : Law 66 (29 novembre 2021) : 147–53. http://dx.doi.org/10.24144/2307-3322.2021.66.25.
Texte intégralRésumé :
The article considers the issues of administrative services provided by the bodies of the Antimonopoly Committee of Ukraine and other bodies of public administration in the field of application of the legislation on protection of economic competition.
The range of subjects of public services in the field of application of the legislation on protection of economic competition to which it is offered to carry bodies of the Antimonopoly committee of Ukraine, the Cabinet of Ministers of Ukraine and the Ministry of Economy of Ukraine is defined.
The list of services provided by the Antimonopoly Committee of Ukraine is determined. These include:
1) granting permission for concentration;
2) granting permission to coordinate actions;
3) issuance of additional copies of certified copies of decisions on issues provided for in part two of Article 34 of the Law of Ukraine "On Protection of Economic Competition";
4) preliminary conclusions on the qualification of actions (Article 14 of the Law of Ukraine "On Protection of Economic Competition");
5) preliminary conclusions on concentration, concerted actions.
It is proposed to extend the provisions of the Law of Ukraine "On Administrative Services" to services provided by the Antimonopoly Committee of Ukraine insofar as it does not contradict the legislation on protection of economic competition. Proposals have been developed to amend the Regulations on the procedure for submitting applications to the Antimonopoly Committee of Ukraine for prior obtaining a permit for concentration of economic entities in terms of clarifying the subjects of application for a concentration permit. Administrative services of the Antimonopoly Committee of Ukraine are service activities of the Antimonopoly Committee of Ukraine defined by normative legal acts aimed at meeting the private needs (interests) of business entities in the field of legal relations arising in connection with the application of legislation on protection of economic competition. related to the protection of their legitimate rights and interests). The administrative service of the bodies of the Antimonopoly Committee of Ukraine is provided exclusively on the basis of the application of the relevant business entity. Based on the results of the administrative service, the Antimonopoly Committee of Ukraine provides the subject of the application with an administrative act (permit) or a document.
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Pavlenko, Nataliia, Tetiana Chelombitko et Olena Cherniaieva. « THEORY AND PRACTICE OF UNFAIR COMPETITION IN UKRAINE ». Economic Analysis, no 31(1) (2021) : 25–36. http://dx.doi.org/10.35774/econa2021.01.025.
Texte intégralRésumé :
The article considers the concept of fair and unfair competition from the point of view of different scientists. Concepts and types of measures that contradict trade and other fair business practices are revealed, namely: illegal use of the business reputation of the business entity, creation of obstacles in the competitive process and achievement of illegal competitive advantage and collection, disclosure and use of trade secrets. characteristics of these instructions. The essence of the influence of various factors on the conditions of development of competitive positions in the economy of Ukraine is revealed. The state policy on restriction of monopoly and development of competition as an integral part of internal economic and social policy of the state is considered. An analysis of the dynamics of the main structural competitive conditions in the economy of Ukraine. The number and structure of terminated violations of unfair competition are explained. The main goals and objectives of the Antimonopoly Committee of Ukraine, directions of antimonopoly policy are established. The directions of improvement of activity of bodies of the Antimonopoly committee concerning regulation of consequences of non-price competition in Ukraine are established. It should be noted that one of the methods of protection against unfair competition is to conduct antitrust activities, ie the activities of individual companies (legal entities and individuals) aimed at creating and maintaining a competitive environment, especially competitive relations. The mechanisms of protection against unfair competition provided by the current legislation of Ukraine are stated. The factors influencing the choice of methods to protect the company from unfair competition are identified. The main problems of introduction of the EU competition legislation into the legislation of Ukraine are analyzed. In particular, it is noted that in order to deepen relations with the EU, regulatory norms must be improved in accordance with European standards. In analyzing the rules of competition law, their complexity is highlighted and it is emphasized that the competition law of Ukraine contains rules, categories and institutions of several branches of law governing relations of different content using the rules of substantive and procedural law.
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Yaroshenko, Oleg M., Mykola I. Inshyn, Natalya M. Vapnyarchuk, Oleksandr A. Yakovlyev et Olena H. Sereda. « Non-compete agreement in Ukraine ». Informatologia 55, no 1-2 (2022) : 1–13. http://dx.doi.org/10.32914/i.55.1-2.1.
Texte intégralRésumé :
A non-competition agreement is a very common way to protect an employer's interests. In many countries there is such a legal instrument as a non-competition clause. On the other hand, the non-competition agreement is a new and unusual phenomenon for Ukraine, so there is a need to study its legal regulation with the experience of foreign countries. The aim of the article is to study the legal regulation of the nature of the non-competition agreement with the experience of different countries in this matter and the feasibility of applying this experience in Ukraine. The study was conducted using such special legal scientific methods, as historical and legal, comparative legal and formal. The article presents the comparative-legal analysis of the practice of conclusion of non-competition agreements in such countries as France, Germany, Italy, China, Great Britain, the USA and Ukraine. On the basis of this analysis, proposals for Ukraine are made. In particular, the article considers the problems of including non-competition provisions in civil legislation. Also analyzed is the judicial practice of violations of the terms of contracts containing non-competition provisions.
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Araujo, Romana Coêlho de, et Jorge Madeira Nogueira. « Environmental law & ; competition law : conflicts & ; complementarities from an environmental economics perspective ». Direito e Desenvolvimento 11, no 1 (7 juillet 2020) : 92–105. http://dx.doi.org/10.26843/direitoedesenvolvimento.v11i1.1220.
Texte intégralRésumé :
The aim of this paper is to evaluate whether environmental restrictions or requirements are considered in competition law. Common sense conceives that a company that bears costs of complying with environmental requirements experiences increased costs and seeks to transfer it to the prices of its products. A possible consequence of this behavior is its effects upon the competitive position of the company in the market. Thus, the interface between environmental requirements and competition law is enhanced. Companies that disobeyed environmental regulations would have a hypothetical competitive advantage over companies in the same sector that obeyed it. Would this situation require (greater) oversight of compliance with environmental laws for all companies to observe and comply with such legislation? Or, alternatively, is it necessary to aggravate/mitigate penalties in competition law of those who have failed/fulfilled in environmental law? In this context, the paper focuses on the second question and investigates environmental implications of competition law. It initially shows that there is no immediate response in the specialized literature. We review legal and economic references to display arguments of those scholars who believe that a certain dialogue between the environment and competition is possible and of those scholars that, on the other hand, understand that they are elements not compatible or even conflicting. Finally, we estimate economic costs of the mutual lack of attention between these two branches of law using case studies from the Brazilian reality.
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Avdasheva, S., et A. Shastitko. « Economic Analysis in Cases Settled According to the Law "On the Protection of Competition" ». Voprosy Ekonomiki, no 2 (20 février 2011) : 122–39. http://dx.doi.org/10.32609/0042-8736-2011-2-122-139.
Texte intégralRésumé :
The article focuses on economic analysis in cases of violation of the Russian antimonopoly legislation. It presents quantitative characteristics of various tools of economic analysis, prescribed by the rules of analysis and assessment of competition, developed by the Federal Antimonopoly Service. They are based on a small sample of cases filed by the Russian competition authorities. Sources of demand for higher standards of economic analysis in cases of violation of antitrust laws are under consideration.
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Mukherjee, Arunava. « Analysing the Role of the Central Bank in Bank Merger Regulation in India : A Scrutiny from the US and the EU Perspectives ». World Competition 36, Issue 1 (1 mars 2013) : 165–83. http://dx.doi.org/10.54648/woco2013008.
Texte intégralRésumé :
The article analyses the recently proposed legislation (in India) to exclude the jurisdiction of the competition regulator and bring bank mergers under the exclusive purview of the central bank. The article takes a look at bank merger regulation and its evolution in the US and in the EU, and argues that India should take lessons from the approach in various jurisdictions to implement a mechanism of concurrent review by the central bank and the competition regulator to ensure an independent review from a competition perspective. Various issues relating to the banking sector and bank merger regulation are examined. The efforts of the fledging Competition Commission of India and its scrutiny of the banking sector are discussed. While acknowledging the special nature of the banking sector, the possible adverse impact of the move on India's position as a favoured global investment destination is also discussed. A study of the global approach is undertaken by analysing the trends in the US and in the EU where bank mergers have been increasingly brought under the scrutiny of the competition regulators (instead of leaving them under the exclusive jurisdiction of the banking sector regulators) on the basis that the banking sector must adhere to the general rules of competition legislation and may not be afforded any special treatment. It is argued that the competition regulator is best suited to review mergers from a competition perspective and its exclusion from the review of bank mergers would result in India moving in the opposite direction from the global approach in recent years.
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Zhevnyak, Oksana V. « Use of economic research in cases of violations of antitrust law by digital platforms ». Vestnik of Kostroma State University 27, no 3 (28 octobre 2021) : 257–63. http://dx.doi.org/10.34216/1998-0817-2021-27-3-257-263.
Texte intégralRésumé :
The article is devoted to the influence of the economic features of the digital platform market on the application of competition law. Purpose – to identify the features of economic research, including economic expertise, in cases of violation of antimonopoly legislation by the owners of digital platforms. Thus, the economic features of the digital platform market and the use of economic research and expertise in cases of violations of competition law by digital platforms are investigated. Results. The types of economic research conducted in cases of violations of antimonopoly legislation by the owners of digital platforms and the features of economic research, including economic examinations, carried out in such cases, are highlighted. These features are determined, first of all, by the specifics of the platform economy and they consist in the use of special methods for qualifying economic phenomena.
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Price, Catherine. « Competition in UK gas distribution The effect of recent legislation ». Energy Policy 13, no 1 (février 1985) : 37–50. http://dx.doi.org/10.1016/0301-4215(85)90079-5.
Texte intégral
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van Oostrum, Chris. « Ones Fair Share ? The Obligation to Contribute between Jointly and Severally Liable Companies to an Imposed Cartel Fine ». European Company Law 13, Issue 4 (1 août 2016) : 136–43. http://dx.doi.org/10.54648/eucl2016020.
Texte intégralRésumé :
The European Commission or a national competition authority can jointly and severally impose a fine on infringing companies for the purpose of achieving compliance with the competition law. The division of the fine within the group is then regulated by the national law of the Member States. However, the legislation of the Member States is unclear and not uniform when it comes to how such a division is to be realized.
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Serdiuk, O. S., et I. P. Petrova. « Institutional Support of Destructive Competition in Ukraine : State, Problems and Directions of Improvement ». Management of Economy : Theory and Practice. Chumachenko’s Annals, no 2021 (23 décembre 2021) : 202–25. http://dx.doi.org/10.37405/2221-1187.2021.202-225.
Texte intégralRésumé :
The article analyzes the institutional support of destructive competition in Ukraine. The legal basis for the regulation of destructive competition in Ukraine is considered. It was found that antimonopoly law has been significantly improved and expanded by regulations. It is noted that despite all the achievements, the legislation on the regulation of destructive competition in comparison with foreign counterparts is quite young and requires consideration of specific factors that objectively exist in Ukraine. Indicators that characterize the level of destructive competition in Ukraine are analyzed. The most common violations of destructive competition are monopoly abuse, anti-competitive actions of the authorities, anti-competitive concerted actions of economic entities and unfair competition. Quantitative indicators for each type of destructive competition violations in Ukraine for 2014-2020 have been studied. Data in terms of economic activities are presented. The ratio of fines imposed by the Antimonopoly Committee of Ukraine and fines paid for violations of the legislation on protection of economic competition in 2014-2020 is analyzed. The directions of improvement of institutes of restraint of destructive competition in Ukraine are offered. Keywords antimonopoly, destructive competition, institutions, institutional support, Antimonopoly Committee of Ukraine.
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Hamul’ák, Juraj, Lenka Freel et Denisa Nevická. « The Comparative Analysis of Women’s Status in Labor Relations in Modern Slovakia and the Czech Republic ». DANUBE 11, no 3 (1 septembre 2020) : 214–27. http://dx.doi.org/10.2478/danb-2020-0012.
Texte intégralRésumé :
Abstract In this article, the authors deal with the issue of the women’s status in labor relations both in the Czech Republic and Slovakia. The authors examined the regulation of the position of women in labor law regulations and compared their results, trying to answer the main question – In which state is it better to work for women after the break-up of Czechoslovakia? Methods of analysis, comparison and synthesis were used. By examining scientific texts and legislation, were the authors able to articulate comprehensive conclusions, not only from the labor law perspective, but also taking into consideration antidiscrimination regulations. The authors reached a conclusion that labor regulations in the Czech Republic are slightly more favorable for women than in the Slovak Republic.
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Baldi, Marino. « La legge italiana sulla concorrenza nell’ottica svizzera ». Journal of Public Finance and Public Choice 8, no 2 (1 octobre 1990) : 129–34. http://dx.doi.org/10.1332/251569298x15668907345072.
Texte intégralRésumé :
Abstract In general the Swiss cartel law, which is based on the principle of abuse, is considered quite mild.The Italian law, instead, follows the model of the European Community legislation, as do the French and the Spanish laws, which have been revised recently.A comparison between the Swiss and the Italian laws, in spite of the basic differences inspiring their philosophies, may be nonetheless useful, especially if one considers that usually regulations about cartels leave large discretionary powers to the authorities responsible for their implementation.The first Swiss law regulating cartels, which was introduced in 1962, had two main weaknesses: its scope was quite restrict, because it could only apply to horizontal cartels, and competition criteria for the evaluation of market agreements had a minor role. The decisive criterion was derived by an «economic and social budget», by which it was possible to justify whatever limitations to competition on the basis of any possible advantage for any social group.A new and more noteworthy law was introduced in Switzerland in 1985. Though it is also based on the abuse principle, so that behaviour of whatever kind is not prohibited, its scope of application is much larger. In addition to horizontal, the new law deals also with vertical aggreements, with abuse of a dominant position and also with mergers which, however, are a field where possibilities to intervene are very limited.The second and important aspect of the new law refers to the criteria for evaluating whether a specific agreement on competition can be judged positively or not. Though the dominant criterion still refers to the «economic and social consequences», the law also assumes that competition is the best protection for the general welfare. This new criterion was the basis for important decisions dealing with competition, and especially for the elimination of cartels in such sectors as banks and insurance companies.In spite of the more serious attitude toward competition taken by the Swiss legislation, the political climate about competition in Switzerland is still quiet.On a subject as competition policy, which always implies some discretionary margins, it is always necessary to distinguish between the legal rules as such and the outcomes of their implementation. The Swiss competition law, for istance, is a good example of a law which could allow a serious competition policy. However, the Swiss competition policy is not so severe as it could be, for the simple reason that the responsible authorities have a too limited staff, due to the fact that, during the Seventies, the Swiss Parliament decided to stop hiring federal employees. Consequently, now the officials working for the implementation of the Swiss competition policy are seven, exactly as they were in the Sixties, when the legislation on competition was very mild.Shortage of staff arises particular difficulties for a competition system which, as that of the Swiss law, is based on the principle of abuse. This is true in particular for horizontal cartels, not prohibited per se in Switzerland, which requires careful investigations.However, apart from this case of «classic» cartels, the distinction between systems based on prohibition and systems based on abuse should not be too emphasized. Indeed, the other cases of restrictive practices, with few exceptions, are subject to evaluations which do not depart too much from the principle of abuse or, as the Americans call it, the «rule of reason».This is true for the vertical agreements as well as for the abuse of a dominant position.The experience with the Swiss legislation shows that a competition law based on abuse can be the basis for a serious policy, also with regard to horizontal cartels (as it was demonstrated by the elimination of the bank and insurance cartels).However, systems based on abuse require more resources and more time than those based on prohibition, whose application does not normally require to prove that certain kinds of behavior are harmful.A correction toward a more efficient system derives from the European Community legislation, which for Switzerland is more important than national legislation. A great part of the restrictive agreements by the Swiss undertakings has been under the evaluation of the EEC authorities.As far as the Italian law is concerned, it appears that it can neither be considered as entirely «prohibitive», nor as based on abuse only. On a first impression the Italian law follows the prohibition approach, at least for horizontal and vertical cartels, which are banned by art. 2. But the exemptions listed in art. 4 open the way to a large number of cases to be judged one by one, through investigations that may not always be very simple.A more important aspect is that the law does not explain whether the exemptions provided in art. 4 must be considered as legal exceptions or whether their application requires the previous approval by some bodies. The second interpretation would support the prohibition approach, whilst the first would favour the abuse approach.Article 85 of the EEC Treaty arose the same difficulties, solved by regulation 17/62, introducing a duty of notification for restrictive agreements, and establishing the rule that cases not explicitly exempted from the general ban would be prohibited following art. 85, paragraph 3. According to the Italian law, however, notifications are voluntary. The future regulations for the implementation of the Italian law might, hopefully, clarify this very important issue.
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Zhabaginov, R. A. « PROBLEMS OF CRIMINAL LEGAL PROTECTION OF COMPETITION FROM ITS RESTRICTION ». EurasianUnionScientists 10, no 4(73) (12 mai 2020) : 28–29. http://dx.doi.org/10.31618/esu.2413-9335.2020.10.73.722.
Texte intégralRésumé :
The article analyzes the signs of restriction of competition established in the industry legislation, as well as ways to criminally limit it. The characteristic problematic issues of methods of committing a crime under Art. 178 of the Criminal Code and proposed measures to improve the criminal law that ensures the protection of competition in our country.
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Xue, Ziyi, et Shaotong Zhang. « Study on the Legal Rights to Parallel Importation of Trademarks from a Comparative Law Perspective ». Journal of Education, Humanities and Social Sciences 1 (6 juillet 2022) : 50–55. http://dx.doi.org/10.54097/ehss.v1i.628.
Texte intégralRésumé :
In recent years, the number of cases of parallel importation of trademarks in China has gradually increased. Although the relevant judicial cases show that the courts have more or less the same attitude towards the legality of such acts, China’s legislation has not made clear and specific provisions in this regard. This not only undermines the predictability of the law but also makes it difficult to effectively guide the various situations that may be encountered in judicial practice. Therefore, this paper will use the case study and comparative research to make some suggestions that the legislation should in principle give legal status to the parallel importation of trademarks, further clarify the obligations of parallel importers in respect of marking, clarify the elements of trademark infringement, and prohibit other possible unfair competition practices, so as to make a good connection with the Anti-Unfair Competition Law.