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Littérature scientifique sur le sujet « Competition – Law and legislation – Poland »

Auteur : Grafiati

Publié le 10 mars 2023

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Articles de revues sur le sujet "Competition – Law and legislation – Poland"

SZMITKA, Stanisław. « THE IDEA OF FRANCHISE AS A MODERN CONCEPT OF ENTERPRISE MANAGEMENT : THE EXPERIENCE OF POLAND ». JOURNAL OF EUROPEAN ECONOMY 19, Vol 19, No 2 (2020) (juin 2020) : 265–82. http://dx.doi.org/10.35774/jee2020.02.265.

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Over the years, the franchise has become an attractive model for the sale of products and services, as well as a means of developing the franchisor’s business. Franchising systems around the world have become very popular among franchisees, who receive an already proven cost-effective business model in exchange for payments, purchases and other services from the franchisor. These systems also bring intangible benefits in the form of encouraging the promotion of entrepreneurship in society. Polish franchise legislation has systematic nature and is based on the Civil Code, the Law on Industrial Property, the Law on Combating Unfair Competition, the Law on Protection of Competition and Consumer Rights, the Law on Copyright and Related Rights, European Code of Ethics for Franchising. Taking into account the legal regulations, the mechanism of the Polish model of franchising is revealed and the newest forms of its use in business activity are distinguished.

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Dzhumageldiyeva, G., I. Dragan, O. Dyka, V. Zagurska-Antoniuk et I. Moisieiev. « PUBLIC MECHANISMS OF FINANCIAL SECURITY IN ELECTRICITY : THE EXPERIENCE OF POLAND AND UKRAINE ». Financial and credit activity : problems of theory and practice 1, n^o 36 (17 février 2021) : 116–23. http://dx.doi.org/10.18371/fcaptp.v1i36.227670.

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The research was conducted on the basis of the analysis of the current legislation, statistical data of the state authorities of Ukraine and program documents containing strategies of development of electric power industry of Ukraine and Poland. The purpose of the work is to determine the directions of developing the public mechanisms of financial support in electricity of Ukraine and Poland within cross-border cooperation. The study is logically built in terms of coverage of three areas, in particular, the analysis of the domestic electricity market of Ukraine (which conducts a critical analysis of the structure and volume of electricity in the UES of Ukraine); analysis of the compatibility of the principles of Ukrainian electricity legislation with the principles of the third EU energy package (which focuses on maintaining certain elements of non-market pricing that distort competition in the new model of the electricity market of Ukraine) and the imperative of cross-border cooperation between Ukraine and Poland which outlines them main tasks in the field of law and economics, the solution of which is necessary to create a transnational exchange market of Ukraine and Poland in the implementation of the Energy Strategy of Ukraine in the context of integration of the UES of Ukraine with the European energy system). The results obtained allow to determine the effective directions of public administering financial support of cross-border cooperation between Ukraine and Poland in electricity and possible forms and directions of its implementation.

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Petr, Michal. « The Scope of the Implementation of the Damages Directive in CEE States ». Yearbook of Antitrust and Regulatory Studies 10, n^o 5 (2017) : 13–29. http://dx.doi.org/10.7172/1689-9024.yars.2017.10.15.1.

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The Damages Directive has a rather limited scope, focusing only on damages claims stemming from anticompetitive agreements or abuse of a dominant position, provided such conduct was able to affect trade between EU Member States. However, Member States are not limited by this scope and so they may decide, when implementing the Directive, to enhance not only claims for damages, but the overall private enforcement of competition law. In this article, we shall explore the scope of the implementing legislation of selected Central and Eastern European Countries, namely in Bulgaria, Croatia, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia.

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Mazurkiewicz, Marek. « Non-competitive Elections at the Local Level and the Incumbency Advantage of Mayors – Research Experiences from Poland ». Lex localis - Journal of Local Self-Government 19, n^o 4 (31 octobre 2021) : 1015–41. http://dx.doi.org/10.4335/19.3.1015-1041(2021).

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The objective of this paper is an attempt to answer if non-competitive elections to commune councils in Poland may be the result of incumbency advantage of mayors. The author assumes, that the effects of incumbency advantage of mayors in influence not only the competition for the office of mayor, but also the entire local political scene. These effects may weaken the competitiveness of elections and lead to the cartelisation of local political scenes. In extreme cases, it may even cause the degeneration of political pluralism and lead to non-competitive elections at both the executive and legislative levels. The paper analyses relationships between the competitiveness of elections at the local level and the incumbency advantage effect as exemplified by a group of small communes with up to 20,000 inhabitants and presents the findings of the conducted research in the form of case studies of 18 localities representing six regions of Poland.

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Marszałek, Marcin. « Legal and institutional aspects of public forms of electricity or gas fuel trading in Poland versus the conditions in the common energy market ». International Journal of Management and Economics 55, n^o 2 (6 novembre 2019) : 148–59. http://dx.doi.org/10.2478/ijme-2019-0011.

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Abstract This study aims at presenting the legally, technically, and economically empowered suggestion for a clear definition of a competitive market of gas fuels and electricity of a Member State in order to be utilized within trans-border trade of these utilities, as required by the European Union (EU) legislation. Thus, this study addresses, first of all, the issue of the division of the national gas fuel and electricity market into sections and separating these market segments that are more susceptible to the existence of competition in the trans-border dimension. This division is a model that reflects every internal market that is self-sufficient and distinguished in technical terms which has been established and is functioning within one or more Member States. The suggested structural, subject-related division of the market into sections, a competitive one (with its segments), a balancing one, and a technical one, makes it possible to determine which fragments of the market prevail over merely the technical security of ensuring continuity and quality of electricity supplies at the national level. Public forms of electricity and gas fuel trading take first place. Thus, second, the issues of legal and business conditions for operation in the energy section of the commodity exchange, regulated market, or open tenders for purchase of energy and interdependence between public forms of electricity or fuel gas trading and standards in the common electricity market have become the subject of this study. The advantage of a commodity exchange that establishes transparent conditions for public trading transactions involving these goods and provides pricing information for actors in the market cannot be overestimated. A commodity exchange enhances competition and is instrumental in the reduction of prices for ultimate clients. The completed analysis aims at reviewing public forms of trading as the instruments for achievement of the objectives of the national energy law and a component for a common energy market in the perspective of development of trans-border transmission capabilities. Legal multi-centricity and multi-aspectual nature of the addressed issues form a structure of relations that has affected the selection of the research methodology. Three research methods were adopted as the main principles that, bearing in mind a different context in which they are used, are treated to be complementary. The first one is an interdisciplinary research analysis, taking account of the context of functioning in the EU law environment in the interpretation of the national law provisions and technical sciences (and thus, e.g., laws of physics, properties of energy, technical aspects of functioning of the power industry as a system of interdependent relations of installations and grids) and economic sciences (e.g., a concept of the market, competition, operation of the commodity exchange). References to technical or economic sciences allowed to maintain the clarity of the above considerations and render the addressed issues better in practice. The legal and dogmatic method is an indispensable supplement of the above method; in this method, the process of interpretation of legal regulations is based on the jurisprudence and case law which should be referred, in particular, to the national law; it is made complete by the analysis of the economic practice. The selection of the concept analysis method (a linguistic one) as the third method should be justified by the undertaken attempts to define in a precise manner the content and the scope of meaning of general, generic concepts making references, as a rule, to a broad spectrum of business operations, the application of which in the EU legislation is a feature of this legal order established on the basis of the elements of the continental (established, statute) law and flexible common law.

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Guzik-Makaruk, Ewa M., et Piotr Fiedorczyk. « The Achievements of the Codification Commission of the Second Republic of Poland — a Century After Regaining the Independence ». Internal Security Special Issue (14 janvier 2019) : 15–27. http://dx.doi.org/10.5604/01.3001.0012.8398.

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Reborn in 1918, the Polish state inherited from the partition countries: Russia, Prussia and Austria their legal systems. The task of unifying the codification of the law was entrusted to the Codification Commission, established on the basis of the Act of 1919. The Commission was to prepare draft legislation in the field of civil and criminal law. It was a body of 44 lawyers and had a high degree of independence from political factors. As a result of the Commission’s work, more than 20 legal acts were created. In the area of civil law, these were laws mainly related to foreign legal transactions. These included, among others, bills of exchange and cheque law, copyright law, patent law, law on combating unfair competition. The two laws of 1926 were of particular importance: private international law and inter-district law. Three codes of private law were also created: the Code of Obligations (1933, considered the most outstanding civil work of the Commission), the Commercial Code and the Code of Civil Procedure. In the area of criminal law, a full codification was carried out, first by implementing the Code of Criminal Procedure (1928) and then the Criminal Code (1932). These two acts were based on different doctrinal bases, which made criminal law inconsistent. The Criminal Code of Juliusz Makarewicz in particular was an outstanding work, based on the findings of the School of Sociological Criminal Law. The Codification Commission did not finish its work until the outbreak of the war. However, present codes are largely based on the solutions developed within the Commission.

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Degtyarova, Iryna, et Jerzy Woźnicki. « Competition vs. Searching as a Mechanism of the Rector’s Selection in Higher Education Institutions in Poland ». Journal of Intercultural Management 10, n^o 2 (1 juin 2018) : 19–39. http://dx.doi.org/10.2478/joim-2018-0008.

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Abstract Objective: This paper aims at looking at the mechanisms of rector’s appointment in public higher education institutions in Poland based on the analysis of the legislation binding since 2005 with reference to the latest changes. Methodology: Legislative analysis of the past and current regulations on the models of rector’s election was conducted, including mechanisms of nominating candidates in the Act on Higher education 2005, its amendments in 2011 and the Act on Higher education and Science in 2018. Literature review and empirical analysis of good practices were used. Findings: The issue of strengthening a rector’s position and professionalizing university management in the system of higher education is very important and being widely discussed in terms of governance reforms. Changes, new regulations, reforms depend on how they are implemented on the institutional level in terms of their strategical development and how they are supported and promoted by the executive head. The model of nominating and appointing the rector determines his relationship with the university board, senate and with academic community as well. In public higher education institutions in Poland the competition model is more burdensome than the model of election, it has numerous disadvantages and threats, and wasn’t applied by any university. New regulations in Poland make the process of nomination more important than before. In general, there are two main models of nominating candidates: an open procedure (open competition) and a closed one (e.g. searching, headhunting for senior executive staff in HR, in business sphere), each has their own strengths and weaknesses. In case of HEIs, both respect the principles of institutional autonomy, guaranteed to universities by the Polish Constitution and the law. It is an autonomous right of the academic community, of the university itself to define their own framework and nomination procedure. The model of executive search in nominating candidates can become more feasible and effective for professionalizing and improvement of the rector’s governance. Value Added: The model of rector’s appointment has a significant impact on the whole university performance. By professionalizing appointment mechanisms at all its stages, universities will improve university governance and introduce new quality of management. Recommendations: New regulations in higher education create possibilities for introducing into the academic practice the executive search as a mechanism for nominating candidates for a rector’s position in Polish universities.

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Duraj, Tomasz. « PROCEDURA KONKURSOWEGO DOBORU KADR KIEROWNICZYCh. PROBLEMATYKA PRAWNA ». Zeszyty Prawnicze 12, n^o 3 (16 décembre 2016) : 79. http://dx.doi.org/10.21697/zp.2012.12.3.04.

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THE COMPETITIVE SELECTION PROCEDURE FOR MANAGEMENT STAFF: LEGAL ISSUES Summary This analysis relates to the legal issues in the competitive selection of management staff. Under the current provisions in Poland many legal acts pertain to this issue, giving an inhomogeneous set of regulations for the principles of conducting such procedures in particular domains of public, social and economic affairs. The subject of this article is a detailed description of the stages of the procedure for the competitive selection of management staff. Good legislation to regulate the selection procedures for competitions for management appointments will have a significant influence on the effectiveness of the adopted method of selection. The author presents the successive stages of the procedures for such competitions and conducts an in-depth legal analysis, paying specific attention to legal doubts arising in connection with the application of the current law. On the basis of his analysis he formulates some proposals de lege ferenda addressed to the legislator on the introduction of requisite amendments and supplements to the legal regulations for the procedure of competitive selection of management staff.

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JARECKI, Stefan Akira. « Between exercising of public powers and economic activity. The latest findings on the notion of entrepreneur made in the process of judicial review of the decision of the President of the Office of Competition and Consumer Protection ». Central and Eastern European Journal of Management and Economics 5, n^o 2 (7 janvier 2018) : 115. http://dx.doi.org/10.29015/ceejme.621.

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Aim: There is no doubt that public authorities may be directly or indirectly involved in economic activity. A traditional way of distinguish state activity which is not subject to the rules of the market is to decide when the state acts as public authority. In case of state activity two category of situations should be distinguished: these where the state is engaged in an economic activity (sphere of dominium) and these when the state acts by exercising of public powers (sphere of imperium). In the opinion of the author of the article, the distinction between imperium and dominium is still relevant. According to the Competition and Consumer Protection Act of February 16, 2007, an entrepreneur is inter alia natural and legal person, as well as an organisational unit without a legal status to which legislation grants legal capacity, organising or providing public utility services which do not constitute economic activity in the meaning of the provisions on freedom of economic activity. The President of the Office of Competition and Consumer Protection found that public authorities exercising their administrative powers (sphere of imperium) may be classified as entrepreneurs. In the recent decisions which were subject of judicial review the President of UOKiK decided that the National Health Fund – a state authority responsible for organization and management of health care services in Poland – is an entrepreneur in the meaning of the Polish law (act on competition and consumer protection). The aim of this article is to answer the question whether competition rules should be applied to the state activity in the imperium sphere. This article will focus on the notion of an entrepreneur (undertaking) in polish and EU law in the context of the activity of the state. Design / Research methods: The objective of the article is achieved through doctrinal analysis of the relevant rules of the Polish and EU law and analysis of the recent decisions issued by the President of UOKiK, as well as judgments of the EU Courts, concerning the possibility of qualification of the widely understood state as an undertaking (entrepreneur).Conclusions / findings: From the analysis of the same concept applied in polish and EU law clearly follows that public entities acting ‘by exercising public power’ or ‘in their capacity as public authorities’ (imperium sphere) should not be classified as entrepreneurs (undertakings) in the meaning of competition law. The main scientific value added of the article are the conclusions that the provisions on the protection of competition should be applicable only to the activity of the state in the dominium sphere and that the definition of an entrepreneur and business (economic) activity should be connected to the existence of a market. Originality / value of the article: Paper should be interesting for public authorities, as well as for lawyers, dealing with problems concerning of qualification of public entities in the context of the competition law. The results of the research may be applied for example in the decisions that would be taken by the President of UOKiK. The consequences of application of the findings of the research to practice may be a change of approach to qualification of public entities in the context of the provision of competition law.

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Mariani, Andrea. « Rola społeczna aptek jezuickich w dawnej Rzeczypospolitej ». Wiek Oświecenia, n^o 37 (9 novembre 2021) : 42–83. http://dx.doi.org/10.31338/0137-6942.wo.37.2.

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The article presents the social role of Jesuit pharmacies in the Polish-Lithuanian Commonwealth based on the sources of religious provenance and inventories of Jesuit colleges drawn up as a result of the dissolution of the Society of Jesus in 1773. In the first part, the author analyzes the ecclesiastical and secular legislation and its impact on the activities of Jesuit pharmacies. Canon law did not forbid clergymen to deal with medicine, but only limited the possibility of obtaining academic education in this field and conducting surgical procedures. By adopting these rules, Jesuit legislation placed the main emphasis on superiors’ control over the finances of pharmacies and limited the sale of drugs to protect the order from being accused of unfair competition by the townspeople. In the context of state pharmaceutical law, the privilege of June 30, 1662, which allowed for the liberation of journeymen by Jesuit pharmacists, was of great importance. In this way, a path of professional education in the field of pharmacy under the management of the Society, an alternative to the guild system, was created. The second part of the article discusses the social factors that favoured the establishment of monastic pharmacies. Particularly noteworthy is the uneven distribution of Jesuit pharmacies in the former Polish-Lithuanian Commonwealth. While in Royal Prussia the Jesuits did not run pharmacies to avoid conflicts with the Protestant bourgeoisie, in the eastern borderlands of the Polish-Lithuanian state, Jesuit pharmacies were often the only institutions of this type. The third part of the work presents the financial situation of Jesuit pharmacies. They had significant income, but also required considerable investments related to the purchase of raw materials and equipment in the Baltic ports. The fourth part of the article concerns the social scope of the activity of Jesuit pharmacists, who not only provided medicines to the poor, but also treated nobles, magnates and high church dignitaries. Not being obliged by guild regulations, apart from preparing medicines, they also diagnosed them, performed minor surgical procedures and assisted women during childbirth. The last part of the article discusses drugs and raw materials in terms of their availability to the broadly understood clientele. The offer of Jesuit pharmacies included both cheap products derived from the local flora, intended for the treatment of the poor, and expensive raw materials from abroad. Moreover, among the medical matter there were preparations for women and infants, as well as for people suffering from syphilis. In the end, the author emphasizes the centrality of pharmacies in the Jesuit pastoral strategy. Thanks to their high level, pharmacies not only corresponded to the ideal of mercy, but also contributed to gaining the favour and trust of representatives of social elites. In this context, the dissolution of the Society is an important turning point not only in cultural and religious life, but also in the history of medicine and pharmacy in the former Polish-Lithuanian Commonwealth.

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Thèses sur le sujet "Competition – Law and legislation – Poland"

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 2007
Examining 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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Theses
The 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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Livres sur le sujet "Competition – Law and legislation – Poland"

Galewska, Ewa Joanna. Competition law in Poland. Alphen aan den Rijn, The Netherlands : Kluwer Law International, 2014.

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Frank, Zumbo, dir. Competition regulators legislation. Sydney : LBC Information Services, 2000.

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Ewa, Bagińska, et Exter, André den (André Pieter), 1966-, dir. Medical law in Poland. Alphen aan den Rijn, The Netherlands : Kluwer Law International, 2011.

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Jantien, Findlater, dir. The New competition legislation. Dublin : Irish Centre for European Law, Trinity College, 1991.

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Cyber law in Poland. Alphen aan den Rijn : Kluwer Law International, 2011.

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Świątkowski, Andrzej. Social security law in Poland. Alphen aan den Rijn, The Netherlands : Kluwer Law International, 2014.

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Social security law in Poland. Alphen aan den Rijn, The Netherlands : Kluwer Law International, 2010.

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From labour law to social competition law ? Cambridge, United Kingdom : Intersentia, 2014.

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Ireland, dir. Competition authority : A guide to Irish legislation on competition. Dublin : Stationery Office, 1992.

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Carlo, Pinto. Tax competition and EU law. The Hague : Kluwer Law International, 2003.

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Chapitres de livres sur le sujet "Competition – Law and legislation – Poland"

Rodger, Barry, et Andreas Stephan. « Legislation, institutions and cooperation ». Dans Brexit and Competition Law, 1–18. London : Routledge, 2021. http://dx.doi.org/10.4324/9781351105446-1.

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Stawicki, Aleksander, Paulina Komorowska et Juliusz Krzyżanowski. « Poland ». Dans LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, 213–29. Cham : Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-55813-4_11.

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Wędrychowska-Karpińska, Aleksandra, Agnieszka Wiercińska-Krużewska et Marta Banyk. « Poland ». Dans LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, 477–97. Cham : Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-55813-4_26.

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Obara-Piszewska, Maria, et Filina Sztandera. « Poland ». Dans LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, 503–26. Cham : Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-71419-6_22.

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Stawicki, Aleksander, Bartosz Turno, Tomasz Feliszewski, Krzysztof Kanton et Katarzyna Karasiewicz. « Poland ». Dans LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, 305–28. Cham : Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-27158-3_11.

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Wiercińska-Krużewska, Agnieszka, et Aleksandra Wędrychowska-Karpińska. « Poland ». Dans LIDC Contributions on Antitrust Law, Intellectual Property and Unfair Competition, 571–84. Berlin, Heidelberg : Springer Berlin Heidelberg, 2015. http://dx.doi.org/10.1007/978-3-662-45753-5_29.

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Kowalik-Bańczyk, Krystyna. « The Application of EU Competition Law in Poland ». Dans Studies in European Economic Law and Regulation, 271–85. Cham : Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-47382-6_15.

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Skupień, Dagmara. « Whistleblowing in Poland According to Legislation and Case Law ». Dans Ius Comparatum - Global Studies in Comparative Law, 221–34. Cham : Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-25577-4_11.

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Smith, Rhona. « Commission Notice on the Definition of Relevant Market for the Purposes of Community Competition Law [1997] OJ C372/03 ». Dans Core EU Legislation, 165–73. London : Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-54482-7_14.

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Kapitsa, Yuriy. « Association Agreements and Problems Approximating Intellectual Property Legislation of Third Countries with the EU Acquis : The Case of Ukraine ». Dans Competition and Intellectual Property Law in Ukraine, 281–319. Berlin, Heidelberg : Springer Berlin Heidelberg, 2023. http://dx.doi.org/10.1007/978-3-662-66101-7_12.

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Actes de conférences sur le sujet "Competition – Law and legislation – Poland"

Artemenko, Dmitry, Edvardas Juchnevicius et Tetiana Iefymenko. « General Rules for Combating Criminal Tax Evasion in Poland ». Dans VII INTERNATIONAL SCIENTIFIC-PRACTICAL CONFERENCE “CRIMINAL LAW AND OPERATIVE SEARCH ACTIVITIES : PROBLEMS OF LEGISLATION, SCIENCE AND PRACTICE”. SCITEPRESS - Science and Technology Publications, 2021. http://dx.doi.org/10.5220/0010634900003152.

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Lotko, Ewa. « Method of Incurring Public Expenditure in Relation to New Public Procurement Legislation in Poland ». Dans The XX International Scientific Conference "Functioning of Investments Financed from State Resources and from Other Sources in The Countries of Central And Eastern Europe". Temida 2, 2022. http://dx.doi.org/10.15290/ipf.2022.10.

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The aim of this paper is to discuss new legal solutions whose implementation may contribute to spending public funds in a targeted and cost-effective manner, obtaining the best effects from the given outlay. This article tries to answer the question whether the new Public procurement law facilitates effective spending of public funds. The conducted analysis includes legal provisions, work of the doctrine as well as data published by the Polish Public Procurement Office. A legal-dogmatic method is the main research method in this paper. The analysis conducted here allows to state that the principle of efficiency under Public procurement law should guarantee spending funds in a targeted and cost-effective manner with maintaining rules arising from the Act on public finance. Therefore, the actions of the legislator connected with the implementation of the new legal legislation on awarding public procurement which promotes greater care for efficient use of public funds should be assessed positively.

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Lukianets, V. S. « Foreign criminal legislation about violation of the competition order ». Dans LEGAL SCIENCE, LEGISLATION AND LAW ENFORCEMENT : TRADITIONS AND NEW EUROPEAN APPROACHES. Baltija Publishing, 2021. http://dx.doi.org/10.30525/978-9934-26-116-9-28.

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Plotnic, Olesea. « INTERACTION BETWEEN CONSUMER LAW AND COMPETITION LAW IN PANDEMIC TIMES ». Dans International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times) : Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18835.

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If in the case of consumer law, as protected persons are the consumers, then in the case of competition law, the protected entities are the competitors. A combination of actions in competition law presupposes that the same commercial offer satisfies several individual interests of consumers. In the strictest sense, such a combination implies the same legal fact, simultaneously opening up more possibilities for the consumer to choose due to loyal offers from a professional, if he is monopolistic or dominant in the market. More broadly, it can also be accepted that offers can be combined from several competing professionals relating to the same product or service and concerning the same individual interest of a consumer. The possible complementary effects of common law, which would justify the non-limitation of a specific piece of legislation, can never lead to a new monopoly. In some cases this will make competition law more effective and, in other cases, provide marginal and non-exclusive protection to consumers who do not have a direct right guaranteed by competition law. The purpose of this article is to demonstrate the interdependent relationship between competition law and consumer law, from the perspective that both have the same common goal, namely to limit abuses by professionals in their economic activity, especially during pandemic times.

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Butorac Malnar, Vlatka, Mihaela Braut Filipović et Antonija Zubović. « RETHINKING UNFAIR TRADING PRACTICES IN AGRICULTURE AND FOOD SUPPLY CHAIN : THE CROATIAN PERSPECTIVE ». Dans International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times) : Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18812.

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In recent years, the need for a systematic and harmonised way of preventing unfair trading practices (hereinafter UTPs) in the food supply chain has intensified at the European level due to many diverging national legislative solutions. These efforts resulted in the Directive 2019/633 on unfair trading practices (UTPs) in business-to-business relationships in the agricultural and food supply chain. Croatian UTPs Act, enacted already in 2017, was just amended to conform with the requirements of the named Directive. Generally speaking, the UTPs Act sets out rules and measures to prevent the imposition of UTPs in the food supply chain, establishes the list of such practices and sets up the enforcement structure and sanctions. Comparing the Directive to the UTPs Act, the authors discuss the outcome of the transposition pointing to the incorrect scope of application of the national legislation, its potential consequences and de lege ferenda solutions. Further, the authors anlyse the legal nature of the adopted UTPs system concluding that it does not fit into the traditional systematisation of laws jeopardising the coherency of the intricate and complex relationship between relating legislative frameworks. New rules are diverging and overlapping with both competition and contract law, leading to possible undesirable spill over effects in contract law, and unresolved concurring competence with competition law. Authors suggest precautionary interpretative measures as a means of solving the identified legal conundrum.

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Koevski, Goran, Borka Tushevska Gavrilovikj et Darko Spasevki. « THE CONCEPT OF LENIENCY IN REPUBLIC OF NORTH MACEDONIA ». Dans International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times) : Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18814.

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The concept of "leniency" in competition law, or better known as the "leniency programme", has proven to be an extremely important instrument in fighting unfair competition. In the Republic of Northern Macedonia (hereinafter RNM), this concept of suppressing or reducing unfair competition, more or less, exists solely as a law conception. Nowadays, when the EU discusses the impact of the global crisis and the Coronavirus pandemic on the level of utilization of ”leniency programme", this concept is still unknown or not a well-known concept for business sector in RNM. The main focus of this article is “leniency programme” in RNM. The key questions that we aim to answer here, are: whether and to what extent this instrument is predicted in Macedonian competition law? Is it predicted only as a law category, or it has practical implications too? Although this research refers to RNM, we strongly believe that a thorough study of “leniency” requires exploration of European conception of “leniency” too. For that purpose, we use relevant EU legislation, as well as practice. Thus, our main goal is to consider the position of RNM towards “leniency” and bring into relation to the Macedonian competition law. We base our hypothetical framework on the assumption that the applicability of “leniency programme” in RNM is at the lowest level. Furthermore, that the undertakings are not interested in applying “leniency”. This situation is partly due to the lack of information, the complexity of the application procedure, as well as other factors that are related not only to the attitude of the executive of undertakings, but more to the general economic circumstances, economic development, the market size of goods and services, etc. Using the analytical-descriptive method, the comparative method, and the method of analysis and synthesis, we’ll elaborate the situation in RNM regarding this issue, and we will present our views considering the questions: whether certain measures should be taken regarding „leniency program“, and what should be done to boost the use of this program in the Macedonian business sector.

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Imamović-Čizmić, Kanita, Elma Kovačević-Bajtal et Lejla Ramić. « COMPETITION LAW IN BOSNIA AND HERZEGOVINA : HOW READY WE ARE FOR THE CHALLENGES OF THE MODERN AGE ? » Dans International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times) : Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18820.

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Bosnia and Herzegovina, having an extremely complex state system and at the same time being a developing country and economy in transition with a commitment to membership in the European Union, faces numerous challenges in adapting national legislation to the acquis communautaire. One of the key segments of the introduction of European standards is the establishment of an effective mechanism for the protection of competition in legislative and institutional terms. With the adoption of the Competition Law in 2005, which brings new solutions and is largely in line with the acquis, Bosnia and Herzegovina has made a significant step forward from the previous state of legal irregularity in this important segment. However, sixteen years of the enforcement of the BiH Competition Law have shown certain shortcomings regarding the particular solutions contained in it. These shortcomings concern the part of the provision of the law that regulates procedural issues, but also the functioning of the authority responsible for the protection of competition in Bosnia and Herzegovina and it can be assumed that these are obstructive elements in response to the challenges of COVID-19 pandemic. In order to follow the international trends, companies in BiH have entered into a process of business digitalization, which, however, being accelerated due to COVID-19 pandemic, has created many challenges before the Council of Competition of BiH as the authority responsible for public enforcement of the competition law. The aim of this paper is to question the extent to which COVID-19 pandemic has affected the work of the Council of Competition BiH, as well as to address some of the particular issues it has faced before the pandemic, including growing market concentration, growing power of digital platforms, protectionism, consumer vulnerability and consequent loss of public confidence. In order to meet the set research goals, the first part of the paper will present an analysis of the legal solutions in the context of the legal and institutional aspect of competition protection and will provide an overview of the situation regarding the digitalization of business operations in Bosnia and Herzegovina. The second part of the paper will provide an analysis of the work of the Council of Competition of BiH with special reference to the period of declaring the pandemic COVID-19.

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Hučková, Regina, et Martina Semanová. « THE POSITION AND REGULATION OF GATEKEEPERS IN THE CONTEXT OF THE NEW EUROPEAN LEGISLATION ». Dans The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22441.

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Over the last two decades, a better digital transformation has fundamentally changed the global economy and society. Digital services have become new tools and their importance for our social and economic life will continue to grow. When we adopted the e-commerce directive 20 years ago, many digital services and platforms such as Google, Amazon or Booking were in their initial stage or did not yet exist. The blockades as the consequence of the COVID pandemic have now strengthened the role of online platforms. People have changed their habits towards the online world so that they can do business, shop, work, learn and socialize. COVID-19 has led to an increase in online e-commerce and an increase in fraud, unfair practices, and other illegalities of various formats. The crisis has exposed the system’s existing gaps and weaknesses, which has allowed dishonest services and traders to exploit people’s current insecurity. The Commission has proposed an ambitious reform of the digital space, a comprehensive set of new rules for all digital services, including social media, online marketplaces and other online platforms operating in the European Union: The Digital Services Act and The Digital Markets Act. In this article, we will look at the Commission’s proposal for The Digital Markets Act (DMA), which was published on December 15, 2020. In the last few years, it has been concluded that a small number of large digital platforms act as “gatekeepers” because they are essential gateways between business users and their potential customers. This allows these platforms to take advantage of the enterprise users’ dependence on their services by imposing unfair business conditions. As this issue may not be adequately addressed in competition law, it has led the European Commission to propose a Digital Markets Act (DMA). The DMA should introduce more flexibility and adaptability in terms of imposing the “gatekeeper” obligations. In this article, we will focus on the question of which digital platforms should be subject to ex ante regulation, and thus also the obligations contained in the DMA proposal. The methodology used to identify the “gatekeepers” cannot be separated from the problems that ex ante regulation seeks to address, as otherwise the DMA could end up regulating the wrong set of companies. The DMA proposal describes “gatekeepers” as providers of the core platform service (CPS) that meet three cumulative quality criteria. These criteria are presumed to be met if the relevant CPS provider meets the quantitative size thresholds. DMA includes a mechanism that allows CPS providers who meet these quantitative thresholds to escape labelling. This article reveals the various provisions of the DMA and explains why the Commission has decided to regulate “gatekeepers” and how it can prevent the damage caused by large digital platforms.

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Šokinjov, Stefan. « ODGOVORNOST TREĆIH LICA ZA KRŠENjE KARTELNE ZABRANE U PRAVU KONKURENCIJE EVROPSKE UNIJE ». Dans XV Majsko savetovanje : Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.791s.

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Since decision in Italian cast glass case of 17th December 1980 European Commission considers independent service providers liable for facilitation of cartel implementation. Such legal stance of European Commission was confirmed by the judgment of Court of European Union brought in Heat stabilizers case (C-194/14 P so called Treuhand II). This way the scope of cartel prohibition is noticeable extended. Striving to penalize and to prevent creation of new forms of collusion with assistance of undertakings which are not active on the markets concerned by the restriction of competition the Court extensively interpreted elements of cartel prohibition conception especially the notions of undertaking, agreement between undertakings and distortion of competition by object and concluded that nothing in the Article 81(1) EC (now Art. 101(1) of TFEU) limits the scope of cartel prohibition to “(i) the undertakings operating on the market affected by the restrictions of competition or indeed the markets upstream or downstream of that market or neighbouring markets or (ii) undertakings which restrict their freedom of action on a particular market under an agreement or as a result of a concerted practice” (rec. 34). Providing that an agreement between undertakings is the expression of the concurrence of wills of at least two parties, the form in which the concurrence is expressed not being by itself decisive (rec. 28), it follows that scope of cartel prohibition embraces “all agreements and concerted practices which, in either horizontal or vertical relationships, distort competition on the common market, irrespective of the market on which parties operate, and that only the commercial conduct of one of the parties need be affected by the terms of arrangements in question” (rec. 35). Whereas the liability of independent third person is not explicitly prescribed, such judiciary interpretation can be challenged from several reasons. First, it is generally accepted that (Community) legislation, in particular where there is а possibility of imposition of penalties must be clear and precise. With regard to opponent opinions given by Advocate General Wahl and scholars as well, independent service providers’ responsibility for facilitation of cartel implementation is obviously not laid down clearly and precisely. The second objection concerns the accessorial nature of a service agreement to a cartel agreement. Liability of independent service providers should not be dependent on market behavior of cartel participants. It must be regulated as an autonomous infringement. And third, activity of cartel facilitators cannot cause circumvention of the Anti-trust law. Complication of cartel detectability yes but circumvention of Anti-trust law no because the prohibition of the basic anti-trust conduct remains untouched.

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