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1
Geradin, Damien. "A Proposed Test for Separating Pro–competitive Conditional Rebates from Anti–competitive Ones." World Competition 32, Issue 1 (March 1, 2009): 41–70. http://dx.doi.org/10.54648/woco2009004.
Анотація:
While the granting of rebates is a common commercial practice largely used by dominant and non–dominant fi rms, the assessment of rebates is one of the most complex and unsettled areas of competition law. In the EU, the decisional practice of the European Commission and the case–law of the Community courts have been harshly criticized as unnecessarily strict, following a form–based approach that sits uneasily with modern economic theory. In response, DG COMP published in December 2005 a Discussion Paper that promotes an effects–based approach to the assessment of rebates. This approach was recently confi rmed in the Guidance Paper of the Commission on Article 82 EC published by in December 2008. US courts have generally shown greater deference to conditional rebates adopted by dominant fi rms, but the case–law remains unsettled, notably in the area of bundled rebates. Against this background, this paper proposes an analytical framework, based on a three–step test, designed to separate pro–competitive rebates from anticompetitive ones. A particular emphasis will be placed on the treatment of single product “retroactive” rebates, which create complex issues.
2
LASCOV, Victor, Ion MAXIM, and Constanta TIUHTII. "ANTI-COMPETITIVE AGREEMENTS. FORMS AND IMPACT ON THE COMPETITIVE ENVIRONMENT ON THE MARKET." Revista Economica 73, no. 3 (October 3, 2021): 110–31. http://dx.doi.org/10.56043/reveco-2021-0026.
Анотація:
Anti-competitive agreements are a form of collaboration between companies, aiming to reduce existing competitive pressures on the market that lead economic operators to innovate and improve their offers in terms of asking price and quality of offered goods and services that result in harming the consumers’ interests. This practice can take various forms and effects as alliances, anti-competitive arrangements, monopolistic agreements, cartel, and others. The paper contains an analysis of the forms of anti-competitive agreements, their impact on the market relations and the form of their regulation. The article 101 TFEU contains the main regulation providing for the interdiction and sanctioning of anti-competitive agreements at the European level.
3
Zhevnyak, Oxana Viktorovna. "Anti-competitive practices of digital platforms and response measures in the Russian and foreign legislation." Право и политика, no. 5 (May 2021): 14–41. http://dx.doi.org/10.7256/2454-0706.2021.5.33888.
Анотація:
The goal of this research is to determine whether the Russian legislation on protection of competition contains the norms that allow preventing anti-competitive practices of digital platforms, and whether it is necessary to make corresponding amendments. The subject of this research is the anti-competitive practice of digital platforms, response measures of the state, antimonopoly legislation, and recommendations on its improvement. The research methodology is based on the analysis of relevant examples of anti-competitive behavior of digital platforms on the Russian and foreign markets, and qualification of such behavior from the perspective of Russian legislation. In the course of this research, the author solves the issue on the sufficiency of legal material for conducting qualification of such behavior; describes the response measures taken by the competent government authorities of various countries, as well as the measures proposed by the researchers. As a result, the author systematizes the data regarding the antimonopoly practice of digital platforms depending on the type of violations. All examples of antimonopoly practices can be qualified as anti-competitive in accordance with the effective legislation of the Russian Federation. If they are not listed as particular violations, then fall under the general categories of acts prohibited by law, considering the non-exhaustive nature of such lists. Misuse of “the platform authority” by the digital platform, reflected in the fact that it utilizes the transaction and customer data, should be qualified as unfair competition. For preventing the anti-competitive practices of digital platforms, it is proposed to develop the system of measures aimed at minimization of risks of the clash of interests and elimination of its consequences: ban of the owner of the digital platform for joint activity of his activity with the activity conducted the clients of the platform; restrict participation of the owner of the platform in companies that conduct types of activity that compete with the clients; disclosure of information on their affiliates engaged in the activity similar to such of the clients of the platform; introduction of the criteria for such affiliation, along with the obligation to compensate for the losses of clients inflicted by the clash of interest.
4
Svetlicinii, Alexandr. "The Judicial Review of the Standard of Proof in Cartel Cases: Raising the Bar for the Croatian Competition Authority Case comment to the Judgment of the Constitutional Court of the Republic of Croatia No. U-III-2791/2016 of 1 February 2018 (Sokol Marić d.o.o.)." Yearbook of Antitrust and Regulatory Studies 11, no. 18 (2018): 311–23. http://dx.doi.org/10.7172/1689-9024.yars.2018.11.18.13.
Анотація:
The Security agencies case represents another example of the procedural diversity among Member States in applying national competition rules that mirror Articles 101 and 102 TFEU. In its infringement decision the Croatian NCA specified that the presence at the meeting with competitors and participation in the discussion concerning minimum prices was sufficient to impute to the parties participation in an anti-competitive agreement prohibited under the national equivalent of Article 101 TFEU. As the Croatian NCA investigated an agreement ‘by object’, it considered itself relieved of the burden to demonstrate the anti-competitive effects. The Constitutional Court has taken a different approach and held that the fact that the participants of the meeting have not publicly denounced the results of the meeting, cannot serve as evidence of an anti-competitive agreement. The court also found that the Croatian NCA did not manage to provide a reasonable explanation why the ‘hourly cost of service’ apparently discussed by competitors is the same as ‘hourly price of service’ that appears in the NCA’s decision. As a result, the Constitutional Court’s approach deviated from several substantive presumptions developed by the EU Commission and the EU courts when applying competition rules in relation to anti-competitive agreements. This places a heavier burden of proof on the Croatian NCA in cartel cases when compared to its own preceding practice or the enforcement practices of the EU Commission or other European NCAs.
5
Targański, Bartosz. "Antitrust Liability in the Context of Online Platforms. Case Comment to the Preliminary Ruling of the Court of Justice of 21 January 2016 ‘Eturas’ UAB v Lietuvos Respublikos konkurencijos taryba (Case C-74/14)." Yearbook of Antitrust and Regulatory Studies 9, no. 14 (2016): 293–98. http://dx.doi.org/10.7172/1689-9024.yars.2016.9.14.15.
Анотація:
In its judgment of 21 January 2016 in Case C-74/14 (hereinafter, judgment), the Court of Justice (hereinafter, CJ) responded to a preliminary question submitted by the Supreme Administrative Court of Lithuania. The latter asked whether the mere dispatch of an email relating to the maximum level of rebates may constitute sufficient evidence to establish that its addressees can be found liable for illegal concerted practices within the meaning of Article 101(1) TFEU. The CJ judgment raises novel issues specific to antitrust enforcement in e-commerce in two areas: (i) can users of a third party online booking platform be found liable for an anti-competitive practice purely on the basis of receiving unprompted email messages, even if they were not aware of their content, and (ii) what steps should they take in order to distance themselves from anti-competitive actions in an e-commerce environment.
6
Kinev, A. Yu, and E. E. Konopkina. "Hub and Spoke Agreements: Theoretical Novella or an Independent Type of Anti-Competitive Agreement?" Russian competition law and economy, no. 1 (August 20, 2021): 38–43. http://dx.doi.org/10.47361/2542-0259-2021-1-25-38-43.
Анотація:
The article discusses questions of theory, as well as foreign practice of qualification of the so-called “Hub and Spoke” agreements, considered as agreements that limit competition between competitors in the absence of direct agreement between them. According to the authors, a “Hub and Spoke” agreement should be qualified as an “other” agreement that leads or may lead to restriction of competition (part 4 of article 11 of the Federal Law № 135 “On the Protection of Competition”).
7
Panarin, R. S. "Features of Actions Qualification of Economic Entities Belonging to the Same Group of Entities under Article 11 of the Law on Competition Protection." Russian competition law and economy, no. 3 (August 20, 2021): 88–92. http://dx.doi.org/10.47361/2542-0259-2020-3-23-88-92.
Анотація:
The article deals with certain features of legal qualification of anti-competitive agreements concluded by participants of one group of entities. The author considers the possibility of applying antitrust immunity to anti-competitive agreements concluded between economic entities, including the problem of establishing control between the parties of the agreement on the example of specific antitrust cases.It is concluded that, despite the existence in law enforcement practice of cases of application of immunity to agreements restricting competition between economic entities belonging to the same group of persons, in the absence of a relationship of control between them, this immunity should be applied only if there are grounds provided for by law. The author’s position may not coincide with the official position of the FAS Russia.
8
Bakalinska, Olga, Olena Belianevych, and Olena Honcharenko. "Advocacy of Competition in the Mechanism of State Regulation of the Economy." International Journal of Financial Research 11, no. 1 (October 10, 2019): 425. http://dx.doi.org/10.5430/ijfr.v11n1p425.
Анотація:
The multifaceted competitive policy promotes awareness of the importance of competition by society, ensures maximum transparency of state regulation, reduces the level of corruption and increases public confidence within activities of the competition authorities, helps developing self-regulation of economic entities. At the same time the mechanism of state regulation and self-regulation has its own instruments for improving the efficiency of advocating competition. Research of their peculiarities, instruments, role and interaction are important directions of modern scientific investigations and the purpose of this article.In this article a comparative method to study is usedfor common and distinctive features of advocating of competition in different countries and Ukraine. The results show that it is extremely important to create a system for advocating of competition in order to inform society, protect the attained level of competition in entrepreneurial activity, prevent or suspend, and then stop the abuses of monopoly position, the anti-competitive concerted actions of business entities, the anti-competitive actions of state authorities and unfair competition. The experience of economically developed countries convincingly suggests that such practices have a positive effect on the functioning of the competitive environment in which the interaction of economic agents takes place. The results show that there was a gap in implementation of economic policy in Ukraine and there is a gap between legally established norms on the implementation of competition policy and the practice of their application. To a large extent, this is due to the lack of well-developed strategy for economic development in Ukraine and, accordingly, the strategy for the development of competition policy.
9
Nishimura, Shohei. "Giving Meaning To Limitations." Journal of World Trade 58, Issue 2 (April 1, 2024): 223–46. http://dx.doi.org/10.54648/trad2024019.
Анотація:
This article analyses the functions and disciplines of the cumulative injury assessment under Article 3.3 of the Agreement on Implementation of Article VI of The General Agreement on Tariffs and Trade 1994 (‘Anti-Dumping Agreement’). Since the text calls for cumulation only if ‘appropriate’, this article refers to the treaty context, the preparatory works, the precedent dispute settlement cases, as well as the relevant practice of the WTO member countries, to understand the purpose of cumulation and to give meaning to this key element of the treaty text. The analyses lead to the interpretation of Article 3.3 that, in order to ‘determine’ that cumulation is ‘appropriate’, an investigating authority needs to identify the factual circumstances where the subject products from all of the cumulated sources compete so intensively that the market position of dumped imports from all but one of the cumulated sources can be realistically taken over by the imports from one remaining source rather than the domestic like products. This article later calls such circumstances the ‘competitive overlaps’. While Article 3.3 gives an authority a certain degree of discretion, the authority’s determination must be based on the factual elements relevant for the competitive overlap in each case. GATT, WTO, Anti-dumping Agreement, anti-dumping, cumulation, cumulative assessment, conditions of competition, competitive overlap
10
Istomin, V. G. "Class Action Lawsuits in Competition Cases in the US and UK and Prospects for their Development in Russia." Actual Problems of Russian Law 17, no. 9 (August 23, 2022): 174–86. http://dx.doi.org/10.17803/1994-1471.2022.142.9.174-186.
Анотація:
The need to protect the rights and legitimate interests of entities affected by anti-competitive actions, to compensate for the losses caused to them, as well as to suppress illegal behavior in relation to a wide range of people, requires states to search for various measures to counteract such abuse by companies of their market power. One possible measure is class action, which is currently used in the US and UK as an effective mechanism to protect businesses and consumers from anti-competitive behavior. Taking into account the fact that the procedure of group proceedings has been developed in modern Russian legislation, the experience of implementing the relevant norms in other countries is of undoubted interest for study. The author analyzes the provisions on class actions contained in the legislation of the United States and Great Britain, the practice of their application in the field of competition protection, as well as the prospects for class proceedings in Russia. The conclusion is made about the insufficiency of legally fixed economic incentives for filing class actions, which may prevent the widespread use of this institution in Russian practice, including in antimonopoly disputes.
11
Searing, Elizabeth A. M. "Charitable (Anti)Trust: The Role of Antitrust Regulation in the Nonprofit Sector." Nonprofit Policy Forum 5, no. 2 (October 1, 2014): 261–88. http://dx.doi.org/10.1515/npf-2014-0006.
Анотація:
AbstractThe purpose of this study is to address the ambiguities in the application of anti-trust regulations to the nonprofit sector. We first survey policy tools and their diverse historical usage in nonprofit and mixed markets, specifically in professional associations, hospitals, and education. This analysis informs the development of a typology of anti-competitive nonprofit markets which is used to classify the three historical examples into eight traits. Finally, this typology is applied to three new markets – animal shelters, thrift stores, and soup kitchens – which have less in common with purely for-profit markets and have little or no discussion in antitrust literature. We find that the nonprofit form per se does not indicate an absence of anticompetitive practices or antitrust concerns; however, certain combinations of attributes – such as purely donative revenues and an absence of pricing ability – make the threat of anticompetitive practice less oppressive.
12
Vovkivskaya, L. V., and E. V. Savostina. "Analytical review of judicial cases involving antitrust body." Russian competition law and economy, no. 4 (August 20, 2021): 90–93. http://dx.doi.org/10.47361/2542-0259-2020-4-24-90-93.
Анотація:
Analysis of the arbitration court’s legal positions in cases of violation of antimonopoly legislation on the following issues: limitation period for the institution of administrative proceedings for merger deals, determining the dominant position of an economic entity, court actions against, Antimonopoly service warnings, administrative fines reductions, ways of proving anti-competitive agreements. Purpose: the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.
13
Wibowo, Yogi Sumarsana, Nanda Dwi Rizkia, and Hardi Fardiansyah. "Juridical Analysis of the Practice of Tender Conspiracy for Periodic Maintenance of the Bateballa-Jatia Cs Road in the Work Unit of the Public Works and Spatial Planning Office of Bantaeng Regency APBD 2017 Fiscal Year." Indonesian Journal of Contemporary Multidisciplinary Research 2, no. 4 (July 31, 2023): 737–46. http://dx.doi.org/10.55927/modern.v2i4.5132.
Анотація:
Various anti-competitive actions continue to occur in the procurement of government goods and services financed by the APBN and APBD. The intended anti-competitive practice is generally in the form of collusion in bidding for government procurement of goods and services. One of the cases of collusion is the KPPU decision No. 16/KPPU –I/2018 concerning violations of Article 22 of Law no. 5 of 1999 in the procedure for auctioning periodic maintenance work for the Batebella-Jatia CS road. The purpose of this research is to find out and analyze: (1) the occurrence of bid rigging in the procurement of goods and services; and (2) Application of the Tender Conspiracy Law against KPPU's Decision No. 16/KPPU-I/2018 concerning Tender for Periodic Maintenance Work for CS Batebella-Jatia Road. This research is a descriptive normative legal research using primary, secondary and tertiary legal sources. Data collection techniques using literature or documentation. Qualitative descriptive analysis was used in data analysis
14
Danilovskaya, A. V., and A. P. Tenishev. "Criminal Responsibility for Collusions at Auctions." Actual Problems of Russian Law, no. 1 (January 1, 2019): 119–31. http://dx.doi.org/10.17803/1994-1471.2019.98.1.119-131.
Анотація:
The anti-monopoly practice concerning agreements prohibited by the Federal Law “On Protection of Competition” traditionally defines the so-called collusions at tenders. Depriving the state of the opportunity to save budget funds, collusions at auctions do not only violate the procedure established by the law, but, by limiting competition, adversely affects the country’s economy.For collusion at an auction, both administrative (Article 14.32 “Conclusion of an agreement restricting competition, the implementation of concerted actions restricting competition, coordination of economic activities” of the Administrative Code of the Russian Federation) and criminal responsibility (Article 178 “Restriction of competition”, as well as Articles 159, 285, 286 of the Criminal Code of the Russian Federation) is set.However, the current version of Article 178 of the Criminal Code of the Russian Federation, which is supposed to be the main one in the fight against anti-competitive agreements, has significant drawbacks that make the fight against these dangerous anti-competitive agreements ineffective. The damage from the activities of all cartels (in the commodity markets, during the procurements by state-owned companies and the state, during the bidding for the alienation of state property) is estimated at 1.5-2% of GDP.Meanwhile, when carrying out public procurement and procurement of companies with state participation consume up to 30 trillion rubles a year. If the bidding is held under collusion, the reduction in the initial (maximum) contract price hardly reaches 1%; if the bidding is held in a competitive environment, the price decline reaches 20-30%. Perhaps not so obvious, but this does not mean that the collusion at auctions has a negative effect on competition. Companies compete neither in price nor in quality. Access to the state order, and therefore, an undoubted competitive advantage in the commodity markets, is obtained not by those companies that are better and more efficient, but by those that have been able to come to an agreement. Only in 2016, due to the low level of competition in trading, the budgets of all levels lost more than 180 billion rubles. Moreover, the Federal AntiMonopoly Service (FAS) considers this number underestimated — the application of the methodology adopted in OECD countries brings the figure of damage up to 1 trillion rubles per year.The current situation requires an appropriate response, in particular, introducing changes into the legislation of the Russian Federation that reflect the substantially increased public danger of anti-competitive agreements and will also contribute to the development of the practice of countering them.
15
Teslenko, Anton V. "Peculiarities of Regulation of Criminal Liability for Anti-Competitive Agreements in Some Common Law Countries (USA, Canada, Great Britain)." Zakon 20, no. 11 (November 2023): 182–94. http://dx.doi.org/10.37239/0869-4400-2023-20-11-182-194.
Анотація:
This paper attempts to investigate the issues of legislative regulation of criminal liability for anticompetitive agreements in the USA, Canada and Great Britain for the purpose of drafting proposals for improvement of the domestic legislation and law enforcement practice.
16
Emch, Adrian, and Adrian Emch. "Predatory Pricing in China: In Line with International Practice?" Legal Issues of Economic Integration 37, Issue 4 (November 1, 2010): 305–16. http://dx.doi.org/10.54648/leie2010023.
Анотація:
China’s Anti-Monopoly Law (AML) prohibits a dominant company from selling products at prices below cost without legitimate reasons. Chinese antitrust agencies and courts have provided some signals as to how they will enforce the predatory pricing provision in the AML and similar provisions in other laws. For example, in 2009, the National Development and Reform Commission (NDRC) circulated for comments a draft regulation implementing aspects of the AML, including its predatory pricing provision. However, all in all, the law on predatory pricing is still relatively undeveloped in China at this stage. As US and EU courts have long dealt with the fundamental questions raised by predatory pricing claims, we assess the existing and draft rules in China against the backdrop of US and EU jurisprudence. We focus in particular on four factors: existence of dominance/monopoly power; definition of the benchmark used in a cost test; injury to competition; and absence of pro-competitive justifications.
17
Anishchenko, Tetiana. "CONFLICT OF INTEREST: FROM THE LAW TO THE COURT DECISION." Administrative law and process, no. 3(34) (2021): 33–40. http://dx.doi.org/10.17721/2227-796x.2021.3.03.
Анотація:
The author of the article has studied specific features of normative and legal regulation of the issues of competitive interests in Ukraine. It has been noted that there are still problematic issues of practical application of the norms of current legislation in regard to drawing up protocols by authorized entities and in regard to court hearings in the relevant category at the present stage of development of anti-corruption legislation. The author has separately emphasized on specific features of resolving competitive interest in foreign countries. There is an example of the fact that the most common issues regulated by EU law are the obligation to maintain impartiality and the ban on combining positions, while the issues of gifts, rewards and restrictions on choosing activities after leaving office are almost not raised. Special attention has been paid to studying the Generalizations of Judicial Practice in Cases on Administrative Offenses Related to Corruption; the Methodical Recommendations on the Application of Certain Provisions of the Law of Ukraine “On Preventing Corruption” regarding the prevention and settlement of competitive interests, the compliance with restrictions on the prevention of corruption developed by the National Agency for the Prevention of Corruption in 2021 has become a special achievement of recent years, aimed at forming unified approach to the compliance with the rules for the prevention and settlement of competitive interests, restrictions on the prevention of corruption as an integral part of preventing the commission of corruption and corruption-related offenses. The report on the implementation of anti-corruption reforms in Eastern Europe and Central Asia countries, published by the Organization for Economic Cooperation and Development on deepening cooperation, has been separately highlighted. This report summarizes the implementation of the Istanbul Anti-Corruption Action Plan and notes that the quality of mechanisms for monitoring the implementation of anti-corruption policies remains low in almost all of the indicated countries; in most cases it is based not on objective indicators and criteria, but on reports from executing agencies.
18
Yakushkin, Nikolai M., Sergey L. Alekseev, Salimzyan A. Sharipov, and Yulia S. Sergeeva. "Dynamics of labor productivity, resource saving and anti-corruption control in the formation of competitive actors." Economy of agricultural and processing enterprises, no. 9 (2023): 27–32. http://dx.doi.org/10.31442/0235-2494-2023-0-9-27-32.
Анотація:
A special military operation in Ukraine, harsh economic sanctions against Russia by unfriendly countries have led to a new situation in the functioning of economic actors. In these conditions, the issues of achieving their competitiveness, cardinal modernization of the industry, increasing labor productivity, motivation, resource saving and a significant increase in food exports to world and local markets are put forward to the fore, which is not possible without an effective organization of anti-corruption control. In this aspect, there is a successful practice of the actors of the Republic of Tatarstan on the rational use of available means of production, finance and human capital with the use of anti-corruption control. Over the past decades, these measures have significantly increased labor productivity in the region, halved energy consumption with a significant increase in production. A significant contribution to these results was made by the introduction of the lean production system – 5S, which made it possible to significantly reduce the number of employees, reduce the cost of production, and increase the profitability of the region’s actors.
19
Raj, Yash, Vishwa Patel, and Sannidhi Buch. "Marrying innovative bride with competitive groom: Delhi High Court accepts jurisdiction of CCI on abuse of dominance." Journal of Intellectual Property Law & Practice 15, no. 11 (November 2020): 862–64. http://dx.doi.org/10.1093/jiplp/jpaa144.
Анотація:
Abstract Monsanto Holdings Pvt Ltd v Competition Commission of India, WP(C) Nos 1776/2016 and 3556/2017, High Court of Delhi, New Delhi, judgment of 20 May 2020 by Mr Justice Vibhu Bakhru The Delhi High Court, in the case of Monsanto Holdings Pvt Ltd v Competition Commission of India, held that the Competition Commission of India has jurisdiction to examine and investigate any perceived anti-competitive practice or abuse of dominant position by any undertaking in matters relating to the rights of patentees under the Indian Patent Act 1970.
20
Bhatt, Krusha. "The indirect route of securing interest of consumers and competitors under the EU competition law." Misión Jurídica, no. 19 (August 28, 2020): 1–10. http://dx.doi.org/10.25058/1794600x.1788.
Анотація:
The theme of the present article is to deliver the notion that in order to enforce competition rules which, are aimed at maintaining a balance between profitability of the competitors and welfare of the consumers, the crucial aspect in attainting it is a healthy competitive market. Therefore, an attempt is made to analyses the role and practice of the European Courts and the Commission in protecting the structure of the competitive market as a means to secure the interests of the consumers and competitors. To convey the notion of the paper, sustenance from one of the imperative decisions given by the European Court of Justice purporting the predominant idea has been taken from the case of GlaxoSmithKline v Commission1 and other relevant cases from the locales of Article 101 coupled with Article 102 of the Treaty on the Functioning of the European Union. The idea is to critically discuss the rationale of the decision delivered by the hierarchy of courts, the object-effect dichotomy under Article 101(1) for apprehending anti- competitive conduct, and to reflect upon the Commission guidelines.
21
Sung, Huang-Chih. "Unfair Competition Issues of Big Data in China." NAVEIÑ REET: Nordic Journal of Law and Social Research, no. 9 (December 17, 2019): 187–204. http://dx.doi.org/10.7146/nnjlsr.v1i9.122158.
Анотація:
The sound development of the market in the data-driven economy depends on the free and fair competition of big data in the industries. Since 2015, more and more unfair competition cases concerning big data have occurred in China, such as masking advertisement, click fraud, malicious incompatibility, and gathering user’s personal data from competitors by unfair means, which can be categorized to unfair competition about illegal collection/use of competitors’ big data and about network traffic. Whether China’s current legal system of anti-unfair competition can resolve the above-mentioned disputes is concerned in this article. As the Paris Convention only regulates the basic principles of “fairness” and “honest practice” for anti-unfair competition, member states have room to develop their own legal systems according to their special economic, social and cultural conditions. In order to usher in the era of digital economy and big data and to regulate more and more unfair competition events, China amended the Anti-Unfair Competitive Law in 2017 in which a new provision for regulating the operation of e-commerce was added. This article finds that the 2017 Amendment, which is far more specific and clearer than the Paris Convention, has significantly improved China’s ability to deal with unfair competition behaviors regarding big data. However, since the patterns of unfair competition in big data are changing and “innovating” quickly and constantly, law amendments will hardly or even never catch up with the changes, so judgement of unfair competition is inherently difficult. The court cannot determine that a company constitutes unfair competition simply because its business operations have substantially reduced the performance or operating effectiveness of its competitors. When judging whether an enterprise’s competitive behavior constitutes unfair competition, no matter the court is applying one of the specific provisions or the general provision, it is essential to consider whether the enterprise has malicious and dishonest practices.
22
Onto, Gustavo. "The market as lived experience: on the knowledge of markets in antitrust analysis." Vibrant: Virtual Brazilian Anthropology 11, no. 1 (June 2014): 159–90. http://dx.doi.org/10.1590/s1809-43412014000100006.
Анотація:
This article describes some of the reported thoughts, anecdotal observations and analytic practices of advisors and commissioners working at the Brazilian antitrust body (CADE) regarding the markets, industries, sectors - i.e. the economic world - which they aim to understand and regulate. The activity of these professionals primarily requires an evaluation of certain market characteristics in order to establish strategies for the investigation of allegations of anti-competitive market practice and for passing judgment on administrative cases filed before the antitrust tribunal. Based on interviews with these professionals and participant observation of their analytical work, this article seeks to describe modes of knowing and conceiving markets which are parallel to the modes officially and more explicitly relied upon by antitrust bureaucrats. We present these lateral modes of knowing as a set of personal lived experiences and compare them to ethnographic practices of knowledge production, in order to reflect on the importance of lived experience in the anthropological and sociological literature on markets.
23
Gjika, Jonida. "Liberalization, Investment, and Regulation: The Key Factors for the Development of the Electronic Communications Market." European Scientific Journal, ESJ 12, no. 1 (January 29, 2016): 480. http://dx.doi.org/10.19044/esj.2016.v12n1p480.
Анотація:
The key factors for the development of the electronic communication market include partial liberalization; full, direct, or indirect investments; and competitive regulation based on transparency and non-discrimination. They are used efficiently in preventing anti-competitive practices through the use of appropriate basic instruments of transparency and non-discrimination. They are used in the proper selection of the “best practice” design and implementation of primary and secondary laws. It is an efficient regulatory framework; it creates adequate space; and they are together considered necessary in influencing the positive development of the electronic communication sector. Proper selection of the "innovative dilemma" that comes from the "technology push" in the sector and harmonization of the time required between the necessary innovation and investment, determines the quality of products/services for the sector tomorrow and its internal markets. At the same time, it determines the eligibility of the request-offer and their quality. The close connection between innovation and entrepreneurship as well as the proper implementation through investments is made tangible and measurable to the quality, price, and their persistence. When these factors are considered in harmony, it will ultimately result in effective competition in the sector. Also, their values are identified by the maximization of social welfare to increased consumer benefits.
24
Ovcharov, Artem V. "Protection of competition as a necessary condition for ensuring economic security." Gosudarstvo i pravo, no. 6 (2023): 117. http://dx.doi.org/10.31857/s102694520025937-1.
Анотація:
The article is devoted to the protection of free competition in the context of ensuring the economic component of the national security of the Russian Federation. The author gives a general picture of the state of competition, special attention is paid to the protection of competition in the field of procurement for state or municipal needs, including state, defense orders, in the field of preventing the conclusion of anti-competitive agreements and in the field of countering unfair competition. The article makes use of official statistics and the practice of the Federal Antimonopoly Service on complaints and inspections.
25
Akhtar, Zia. "Mergers, Extraterritorial Jurisdiction and Convergence of EU and US Law." European Review of Private Law 27, Issue 1 (January 1, 2019): 59–81. http://dx.doi.org/10.54648/erpl2019004.
Анотація:
Competition law is structured with the objective of attaining consumer welfare maximization and the efficiency of the market. This is to achieve a perfectly competitive market with concentrations on price, quality, and innovation of products and services. The legislative practice of the EU is aimed at harmonization and it can be compared to the US, which was the first country to establish the ‘effects doctrine’ involving foreign companies. The benefits and problems of extraterritorial assertion of jurisdiction on merger cases needs to be demonstrated in a global market because the mergers extend the anti-competitive effects to other parts of the world, externally from where they originate. This article will identify the advantages and disadvantages of extraterritorial jurisdiction on merger control, and the convergence of US and EU approaches with the intention of setting out a framework to decrease the legal conflicts between antitrust regimes in order to avoid the costs of multiple notifications.
26
Buzás, György Miklós, and Péter Birinyi. "Newer, Older, and Alternative Agents for the Eradication of Helicobacter pylori Infection: A Narrative Review." Antibiotics 12, no. 6 (May 23, 2023): 946. http://dx.doi.org/10.3390/antibiotics12060946.
Анотація:
Although discovered 40 years ago, Helicobacter pylori infection is still raising diagnostic and therapeutic problems today. The infection is currently managed based on statements in several guidelines, but implementing them in practice is a long process. Increasing antibiotic resistance and weak compliance of the patients limit the efficacy of eradication regimens, leaving much room for improvement. Third-generation proton pump inhibitors have added little to the results of the first two generations. Potassium-competitive acid blockers have a stronger and longer inhibitory action of acid secretion, increasing the intragastric pH. They obtained superior results in eradication when compared to proton pump inhibitors. Instead of innovative antibiotics, derivatives of existing antimicrobials were developed; some new fluoroquinolones and nitazoxanide seem promising in practice, but they are not recommended by the guidelines. Carbonic anhydrase inhibitors have both anti-secretory and bactericidal effects, and some researchers are expecting their revival in the treatment of infection. Capsules containing components of the eradication regimens have obtained excellent results, but are of limited availability. Probiotics, if containing bacteria with anti-Helicobacter pylori activity, may be useful, increasing the rates of eradication and lowering the prevalence and severity of the side effects.
27
Wang, Yuting. "The Regulation of Injunctive Relief on Standard Essential Patents Within China’s Anti-monopoly Law." World Competition 43, Issue 4 (December 1, 2020): 497–520. http://dx.doi.org/10.54648/woco2020025.
Анотація:
Competition concerns arising from the seeking of injunctions by FRAND-encumbered (fair, reasonable and non-discriminatory) standard essential patent (SEP) owners have become a contentious issue. This issue has attracted the attention of many competition enforcement authorities and no consensus is reached as to the compatibility of such injunctive relief with competition law. This is also a hard and challenging problem faced by China. A coherent and balanced response is urgently needed under current China’s legal framework. Therefore, this article proposes that a basic regulating approach should be established first to treat the seeking of injunctions by FRAND-encumbered SEP owners as an independent anti-competitive practice prohibited by the Anti-monopoly Law. Then, an analysis framework should be established to consider the circumstances in which and the extent to which such seeking of injunctions should be limited from the perspective of competition enforcement. The behaviour of both SEP owners and SEP users should be properly examined. standard, standard essential patent (SEP), injunctive relief, injunction, competition, antitrust, Anti-monopoly law, competition law, fair, reasonable and non- discriminatory (FRAND), reasonable and non-discriminatory (RAND).
28
Scherbakov, A. I., E. N. Kosobokova, M. V. Pinyugina, E. V. Sheshukova та V. S. Kosorukov. "Аffinity properties of plant-made anti-her2 antibodies". Russian Journal of Biotherapy 17, № 1 (27 листопада 2018): 95–100. http://dx.doi.org/10.17650/1726-9784-2018-17-1-95-100.
Анотація:
The Her2 receptor is an important target for antitumor therapy in the treatment of breast cancer. Trastuzumab, based on anti-Her2 monoclonal antibodies, is used in clinical practice. Trastuzumab is produced by animal cells culture technology and is quite expensive. We use the technology of production of recombinant antibodies in the plants Nicotiana benthamiana with a high yield of final purified protein. Objective. The aim of following study is a comparison of monoclonal antibodies received via classic cell culture technology and produced in plant biomass. Materials and methods. Recombinant plant-made antibodies were isolated by affinity chromatography from the biomass of N. benthamiana plants agroinfiltrated by vector constructs. Comparison of affinity properties was carried out by immunocytochemical staining of cells and competitive binding using flow cytometry analysis. Results and conclusion. We show that the antibodies expressed in N. benthamiana are equal to those obtained from mammalian cells in binding to Her2 antigen localized on the surface of the SK-BR-3 cells. In the present work it was shown that the plant-made anti-Her2 antibodies do not differ in specific binding with the Her2 antigen, as well as with IV subdomain of the Her2 receptor.
29
Vovkivskaya, L. V., and E. V. Savostina. "Analytical review of judicial cases considered with the participation of an antimonopoly body." Russian competition law and economy, no. 1 (March 30, 2020): 92–95. http://dx.doi.org/10.32686/2542-0259-2020-1-92-95.
Анотація:
The review contains an analysis of the legal positions of the arbitration courts in cases of violation of the antimonopoly legislation regarding the consideration of the following issues: an order of the antimonopoly body on transferring to the budget the income received as a result of violation of the antimonopoly law; non-payment of services received under the contract as an abuse of a dominant position; trust agreement as a condition for the admissibility of an anti-competitive agreement; claims of the antimonopoly body on forcing an economic entity to comply with the instructions of this body.Purpose: the formation of uniform approaches in law enforcement practice in cases of violation of antitrust laws.
30
Hassanpour, Mehdi, and Amankeldi A. Salybekov. "Whispers in the Blood: Leveraging MicroRNAs for Unveiling Autologous Blood Doping in Athletes." International Journal of Molecular Sciences 25, no. 1 (December 23, 2023): 249. http://dx.doi.org/10.3390/ijms25010249.
Анотація:
The prevalence of autologous blood transfusions (ABTs) presents a formidable challenge in maintaining fair competition in sports, as it significantly enhances hemoglobin mass and oxygen capacity. In recognizing ABT as a prohibited form of doping, the World Anti-Doping Agency (WADA) mandates stringent detection methodologies. While current methods effectively identify homologous erythrocyte transfusions, a critical gap persists in detecting autologous transfusions. The gold standard practice of longitudinally monitoring hematological markers exhibits promise but is encumbered by limitations. Despite its potential, instances of blood doping often go undetected due to the absence of definitive verification processes. Moreover, some cases remain unpenalized due to conservative athlete-sanctioning approaches. This gap underscores the imperative need for a more reliable and comprehensive detection method capable of unequivocally differentiating autologous transfusions, addressing the challenges faced in accurately identifying such prohibited practices. The development of an advanced detection methodology is crucial to uphold the integrity of anti-doping measures, effectively identifying and penalizing instances of autologous blood transfusion. This, in turn, safeguards the fairness and equality essential to competitive sports. Our review tackles this critical gap by harnessing the potential of microRNAs in ABT doping detection. We aim to summarize alterations in the total microRNA profiles of erythrocyte concentrates during storage and explore the viability of observing these changes post-transfusion. This innovative approach opens avenues for anti-doping technologies and commercialization, positioning it as a cornerstone in the ongoing fight against doping in sports and beyond. The significance of developing a robust detection method cannot be overstated, as it ensures the credibility of anti-doping efforts and promotes a level playing field for all athletes.
31
BELIKOVA, KSENIA. "TRANSFORMATION OF TRADITIONAL MECHANISMS FOR PROTECTING THE COMPETITIVE ENVIRONMENT UNDER THE INFLUENCE OF NETWORK ECONOMY: THE PLACE OF BLOCKCHAIN IN THE REGULATORY SYSTEM AND NEW COMPETITIVE TOOLS (AGGREGATORS AND PRICE ALGORITHMS)." Sociopolitical sciences 10, no. 5 (October 30, 2020): 76–88. http://dx.doi.org/10.33693/2223-0092-2020-10-5-76-88.
Анотація:
This article is aimed at understanding the current state and necessity of transformation of traditional mechanisms for protecting the competitive environment under the influence of networking and the place of blockchain in the regulatory system in the context of applying new competitive tools (aggregators price algorithms) based on the experience of foreign countries, including the perspective and approaches of newest law enforcement (judicial) practice, taking into account the fact that its knowledge allowed and allows to successfully solve current problems of legal regulation in our country. The starting point of the research is network communication as a non-market type of communication. Based on analytical reflections on the information gathered from sources and literature from the list of references the author analyzes legal framework of competition protection developed in the new technological reality, takes into account the approaches of foreign countries and the Russian Federation that determine the acceptability of the application of blockchain in the field of legal protection of competition. The relevance, theoretical and practical significance of this research is due to the emergence of new tools (aggregators and price algorithms) of competitive market struggle in the light of application of a blockchain technology that might influence the competition. The author's results are presented, among others, in the idea of the possibility of “transfer” of anti-competitive actions (price manipulation and collusion, unequal sale / distribution of information / advertising, etc. conditions) to the niche occupied by price algorithms and aggregators of information, and the need to establish a new legal framework of these new market factors.
32
Hviid, Morten, and Andreas Stephan. "Cover Pricing and the Overreach of Object Liability under Article 101 TFEU." World Competition 38, Issue 4 (December 1, 2015): 507–26. http://dx.doi.org/10.54648/woco2015041.
Анотація:
This article uses the example of cover pricing to show a possible overreach of liability under Article 101 TFEU, in relation to arrangements deemed to have the ‘object’ of restricting competition. Cover pricing is where a bidder seeks a non-winning bid from a competitor so that he can participate in a tender process without securing the contract. The wide meaning of ‘concerted practice’ means that a potential breach of Article 101 may arise even where the party receiving the request refuses to provide a cover bid. It is important that a restriction by object (which leads to the finding of an infringement regardless of whether the practice was implemented or had any harmful effect) applies only to the most serious arrangements between undertakings. It is shown that cover pricing very rarely has any anti-competitive effect and indeed the alternative (lawful) behaviour, of openly announcing a non-intention to win the contract, is more likely to reduce competition. It is nevertheless treated as an object restriction, mainly because it involves direct communication between competitors of pricing intentions. Article 101 may therefore be unable to distinguish some arrangements with ambivalent effects from the most serious cartel practices. It is argued that a greater effects analysis is needed (either in applying the law or calculating penalties), to ensure fairness and proportionality.
33
Oluwayelu, Daniel Oladimeji, Comfort Oluladun Aiki-Raji, Oladunni Taiwo Adigun, Opeyemi Kazeem Olofintuyi, and Adebowale Idris Adebiyi. "Serological Survey for Avian Influenza in Turkeys in Three States of Southwest Nigeria." Influenza Research and Treatment 2015 (November 17, 2015): 1–6. http://dx.doi.org/10.1155/2015/787890.
Анотація:
Since the first outbreak of avian influenza (AI) in Nigeria in 2006, there has been continuous monitoring of the disease in chickens with little attention given to turkeys. As part of on-going surveillance for AI in southwest Nigeria, we used a competitive ELISA to detect anti-AI virus antibodies in 520 turkey sera obtained from poultry farms in Oyo, Osun, and Ondo states while haemagglutination inhibiting antibodies against low pathogenic AI viruses (LPAIVs) were detected using H3N8 and H5N2 subtype-specific antigens. The overall seroprevalence obtained by ELISA was 4.4% (23/520). Of the 23 ELISA-positive samples, 18 were positive for anti-AIV H3N8 antibodies only and four were positive for both anti-AIV H3N8 and H5N2 antibodies indicating a mixed infection, while five were negative for antibodies to either of the two AIV subtypes. Considering that turkeys have been implicated as a mixing vessel for generating influenza virus reassortants of human and avian origin, the detection of antibodies to LPAIV H3N8 and H5N2 in these turkeys is of public health concern. We advocate further studies to determine the potential role of turkeys in the zoonotic transmission of AIVs in Nigeria. Additionally, the practice of rearing turkeys with chickens should be discouraged.
34
Robinson, Richard C. "The Linguistic Challenge for Standards." Standards 2, no. 4 (October 4, 2022): 449–59. http://dx.doi.org/10.3390/standards2040030.
Анотація:
Standards serve a valuable function that enable efficiencies, technological advancement, and commerce. To date, there is little examination of the problems with standards, their implementations, and methodologies that could be introduced to improve utility and utilization. This is contrasted against the large inventory of standards that exist, and proliferation of standards. More available literature exists on standards wars that focus on attempts at market dominance, persistence of ‘legacy’ standards in light of newer and ‘better’ solutions, cases for and against multiple standards, and even legal cases regarding anti-competitive behavior leveraging dominance in particular standards. This, however, focuses more on the politics as opposed to presenting a more fundamental examination of the cause for the existing friction. Through applied linguistics, it becomes more apparent that differences in language, using Communities of Practice as a guide, can provide a dimension to standardsW development and implementation. Friction in standards arises when standards are viewed as broad and universally applicable versus being the expression of a specific Community of Practice, and therefore should be specifically and formally scoped using linguistic methods.
35
Roberts, Simon. "Administrability and Business Certainty in Abuse of Dominance Enforcement: An Economists Review of the South African Record." World Competition 35, Issue 2 (June 1, 2012): 273–300. http://dx.doi.org/10.54648/woco2012019.
Анотація:
The article examines the record of abuse of dominance cases in South Africa, after more than a decade of the new competition regime, and in light of international debates in this area. The South African Competition Act identified separate specifically proscribed exclusionary abuses of dominance in 8(d) which on the face of it increases business certainty. However, in practice the interpretation of the provisions have been highly contested as it matters how conduct is characterized, separately from whether the conduct has a substantial anti-competitive effect. Moreover, the South African experience raises the question of whether conduct by a dominant firm which has different dimensions can be readily pigeon-holed in the way anticipated by the legislation. This article critically reflects on the record, against local expectations and the international debates.
36
Ramaiah, Angayar Kanni. "The Competition Neutrality in Malaysia: Challenges and Policy Options." Journal of International Business, Economics and Entrepreneurship 3, no. 2 (December 31, 2018): 45. http://dx.doi.org/10.24191/jibe.v3i2.14432.
Анотація:
Competition law (CL) prevents anti-competitive conducts but does not ensure fair competition or level playing field with respect to State-Owned enterprises (SOEs). Hence, the principle of competitive neutrality promotes that government related business activities in competition with the private sector should not have a competitive advantage or disadvantage simply by virtue of government ownership and control (UNCTAD). Therefore, specific policies and legal rules is essential for achieving competitive neutrality. The Malaysian, Competition Act 2010 (CA2010) subjectively restricts and excludes some government linked enterprises. However, the some economic or, legal policy and political reasons limits CLs applicability and dictates its scope subjectively. In these context exemptions, de facto or de jure, direct or indirect state aid and restrictive licensing requirements impairs competition to benefit the domestic economy or national champion. This practice impacts the true spirit of market competition among rivals. Although Malaysian SOEs recognised as government’s toolbox for societal and public value creation but its future should to be more actively owned and managed to avoid competing unfairly on enterprises that can deliver more efficiently and effectively the goods and services that citizens need and want. In this context, three principal questions from the international trade perspective is analysed on (1) How important is state ownership within Malaysian context (2) What types of advantages should be granted to SOEs (or disadvantages afflicting them) and (3) What policies required to enhance effective competition among all market participants? The paper reviews the state of SOE with respect to exemptions and exclusions policy with respect to governance, independent decision-making, accountability and disclosure policy to improvise the level playing scope between SOE and private sector within the competition law perspective in Malaysia.
37
Kwok, Kelvin Hiu Fai. "A New Approach to Resolving Refusal to License Intellectual Property Rights Disputes." World Competition 34, Issue 2 (June 1, 2011): 261–86. http://dx.doi.org/10.54648/woco2011021.
Анотація:
This article proposes a new approach to resolving the conundrum of a monopolist refusing to license Intellectual Property Rights (IPRs) to a competitor, one of the most complex issues at the interface between Intellectual Property (IP) and competition law. It reviews the approaches adopted by the competition authorities in both the European Union (EU) and United States when confronted with this perplexing issue and argues that the extreme positions they took - either that competition should trump IPRs or that IPRs should trump competition - were mistakenly simplistic. This article proceeds to argue that the preferred approach is to strike an appropriate balance between anti-competitive effects and pro-competitive effects of a refusal to license and, accordingly, allocative efficiency losses and dynamic efficiency gains. A substantial part of this article is devoted to a proposed framework illustrating how the balance can be struck, emphasizing how the refusal at issue interacts with various circumstantial factors such as market power, network effects, monopoly leveraging, predatory intent, degree of follow-on innovation, and the causal connection between IPR protection and innovation incentives. Reference will be made to precedents from the EU (Magill, IMS, and Microsoft) and United States (Kodak and Xerox) in explaining how the framework works in practice.
38
Jiang, Tiancheng. "The Qihoo/Tencent Dispute in the Instant Messaging Market: The First Milestone in the Chinese Competition Law Enforcement?" World Competition 37, Issue 3 (September 1, 2014): 369–89. http://dx.doi.org/10.54648/woco2014033.
Анотація:
Qihoo/Tencent is the most high-profile and complicated anti-monopoly lawsuit before the Chinese Court since the enactment of the Chinese Anti-Monopoly Law in 2008. Qihoo complained to the court, alleging that Tencent had abused its dominant position by firstly leveraging its market power from the market for instant messaging software products onto the market for internet security software products by forcing its users to uninstall the plaintiff's products and secondly abusively tying two of its software products. The unique pricing and profit mode in the IM market gives rise to the difficulty in determining the scope of the relevant market. The features of the dynamically competitive industries have to be taken into account in evaluating the market power of the defendant. This article investigates the Chinese Court's most recent analytical approaches in defining the relevant market, evaluating dominance in a fast-growing sector particularly after the coming into force of the first AML judicial interpretation, and compares the approaches with the techniques employed in the practice of the European Commission (particularly the Microsoft/Skype case) and the case law of European Court of Justice.
39
Larina, Vera N. "Multisystem effect of cytoprotection." Consilium Medicum 23, no. 1 (2021): 93–98. http://dx.doi.org/10.26442/20751753.2021.1.200732.
Анотація:
The anti-ischemic and pleiotropic effects of a drug from the group of myocardial cytoprotectors – trimetazidine are discussed in the article. Currently, trimetazidine is recommended by experts of the scientific medical community as an effective antianginal drug for the treatment of patients of different ages diagnosed with stable angina. Trimetazidine, a reversible competitive inhibitor of 3-ketoacyl coenzyme A thiolase, has a good safety and tolerability profile, improves physical performance in patients with stable angina pectoris and ischemic cardiomyopathy, and is considered as an agent that affects the energy metabolism of cells under conditions of ischemia, optimizing the use of oxygen myocardium due to increased aerobic glycolysis and a decrease in the intensity of oxidation of free fatty acids. The results of the VASCO-angina study allow us to consider a daily dose of trimetazidine 70 mg as a standard therapeutic dose in the treatment of patients with coronary artery disease. The KARDIOKANON study confirmed the clinical equivalence of the original and reproducible drug trimetazidine – Deprenorm® SR (manufactured by Canonpharm Production, Russia) in the secondary prevention of coronary artery disease and its complications. Pleiotropic effects: anti-atherosclerotic, anti-inflammatory, nephroprotective, neuroprotective, allow expanding the use of trimetazidine in clinical practice. Keywords: coronary artery disease, angina pectoris, metabolism, ischemia, trimetazidine For citation: Larina VN. Multisystem effect of cytoprotection. Consilium Medicum. 2021; 23 (1): 93–98. DOI: 10.26442/20751753.2021.1.200732
40
Jurczyk, Zbigniew. "The Influence of Economic Theories and Schools on Competition Law in terms of Vertical Agreements." Yearbook of Antitrust and Regulatory Studies 11, no. 18 (2018): 153–80. http://dx.doi.org/10.7172/1689-9024.yars.2018.11.18.6.
Анотація:
The paper aims at showing the influence and the views espoused by economic theories and schools of economics on competition policy embedded in antitrust law and conducted by competition authorities in the field of vertical agreements. The scope of the paper demonstrates how substantially the economization of antitrust law has changed the assessment as to the harmfulness of vertical agreements. The analysis of economic aspects of vertical agreements in antitrust analysis allows one to reveal their pro-competitive effects and benefits, with the consumer being their beneficiary. The basic instrument of the said economization is that antitrust bodies draw on specific economic models and theories that can be employed in their practice. Within the scope of the paper, the author synthesizes the role and influence of those models and schools of economics on the application of competition law in the context of vertical agreements. In presenting, one after another, the theories and schools of economics which used to, or are still dealing with competition policy the author emphasises that in its nature this impact was more or less direct. Some of them remain at the level of general principals and axiology of competition policy, while others, in contrast, delineate concrete evaluation criteria and show how the application of those criteria changes the picture of anti-competitive practices; in other words, why vertical agreements, which in the past used to be considered to restrain competition, are no longer perceived as such. The paper presents the models and recommendations of neoclassical economics, the Harvard School, the Chicago and Post-Chicago School, the ordoliberal school, the Austrian and neoAustrian school as well as the transaction cost theory.
41
Konopkina, E. E., and M. I. Matyashevskaya. "Practice of the Appeal Board of the Federal Antimonopoly Service (Russia) (Scientific review of the most significant cases examined in the fourth quarter of 2019)." Russian competition law and economy, no. 1 (March 30, 2020): 96–100. http://dx.doi.org/10.32686/2542-0259-2020-1-96-100.
Анотація:
Ratio of regional antimonopoly`s decisions appealed under collegial body of the Federal antimonopoly service related to the establishment of the facts of the conclusion of prohibited competition-restricting agreements exceeds the part of the other decisions.In most cases, this is related to the issues of proving the arrangement and implementation of competition-restricting agreement, because not always certain circumstances can clearly indicate the fact of conclusion of such agreement.The most interesting are the cases of «bid rigging» cartels, which are prohibited by paragraph 2 of the part 1 of article 11 of the Federal law "On protection of competition" (hereinafter — the Law on protection of competition). Establishing that competitionrestricting agreements in each case, all collected in the case on violation of Antimonopoly legislation of the evidence to be assessed, without which it is impossible to make an informed decision on the case, and defendants in cases usually do not agree with the competition authority of certain evidence as proof of anti-competitive agreements.
42
Klebl, Bert M., Alexander Kurtenbach, Kostas Salassidis, Henrik Daub, and Thomas Herget. "Host Cell Targets in HCV Therapy: Novel Strategy or Proven Practice?" Antiviral Chemistry and Chemotherapy 16, no. 2 (April 2005): 69–90. http://dx.doi.org/10.1177/095632020501600201.
Анотація:
The development of novel antiviral drugs against hepatitis C is a challenging and competitive area of research. Progress of this research has been hampered due to the quasispecies nature of the hepatitis C virus, the absence of cellular infection models and the lack of easily accessible and highly representative animal models. The current combination therapy consisting of interferon-α and ribavirin mainly acts by supporting host cell defence. These therapeutics are the prototypic representatives of indirect antiviral agents as they act on cellular targets. However, the therapy is not a cure, when considered from the long-term perspective, for almost half of the chronically infected patients. This draws attention to the urgent need for more efficient treatments. Novel anti-hepatitis C treatments under study are directed against a number of so-called direct antiviral targets such as polymerases and proteases, which are encoded by the virus. Although such direct antiviral approaches have proven to be successful in several viral indications, there is a risk of resistant viruses developing. In order to avoid resistance, the development of indirect antiviral compounds has to be intensified. These act on host cell targets either by boosting the immune response or by blocking the virus host cell interaction. A particularly interesting approach is the development of inhibitors that interfere with signal transduction, such as protein kinase inhibitors. The purpose of this review is to stress the importance of developing indirect antiviral agents that act on host cell targets. In doing so, a large source of potential targets and mechanisms can be exploited, thus increasing the likelihood of success. Ultimately, combination therapies consisting of drugs against direct and indirect viral targets will most probably provide the solution to fighting and eradicating hepatitis C virus in patients.
43
Makarenko, Kirill. "Online and Offline Protest Discourse in Modern Russia." Vestnik Volgogradskogo gosudarstvennogo universiteta. Serija 4. Istorija. Regionovedenie. Mezhdunarodnye otnoshenija, no. 1 (February 2022): 225–35. http://dx.doi.org/10.15688/jvolsu4.2022.1.19.
Анотація:
Introduction. The article is devoted to the analysis of the formation and spread of protest discourse in new practices of protest behavior. Online rallies, which appeared in 2020 in the public space of Russia, remained an unobtrusive practice, despite their potential applicability within the framework of a single logic of “competitive politics”. Methods and materials. The research methodology is based on the theory of “relative deprivation” (T. Garr), “competitive politics” (C. Tilly) and the theory of “network society” (M. Castells). As specific research methods, the author used a selective analysis of cases of protests in the period 2018–2021 (42 actions in 26 regions of the Russian Federation), as well as discourse analysis, which made it possible to determine the topic of protest actions. Analysis. The political discourse of protest is a communicative space for the construction of common symbols and identity of the movement. The formation of discourse takes place in the online space, which is due to the development and simplicity of communication between individuals. Results. On the basis of the analysis, some conclusions were drawn about the specifics of the formation of protest discourse in the online environment: 1. Discourse is formed in open online platforms, such as groups in VKontakte, Telegram chats or Internet forums; 2. Protest communities are engaged in information and mobilization functions regardless of the number of participants (at the same time, the effectiveness of audience engagement and, as a result, feedback will differ significantly); 3. The main topic of protest actions is represented by opportunistic problems of a civil nature, where there is an immanent opportunity for the transformation of discourse into a political (anti-political) one; 4. The most popular (the number of likes and comments) are posts in groups on social networks containing a direct call to participate in rallies, as well as short emotional slogans and memes.
44
Nurmuhametov, N. N., and K. N. Beketova. "Corporate social responsibility - framework for strengthening strategic development large engineering enterprises." Central Asian Economic Review, no. 2 (July 28, 2022): 28–44. http://dx.doi.org/10.52821/2789-4401-2022-2-28-44.
Анотація:
Purpose of the research. The aim of the study is to study current trends in the development of corporate social responsibility (CSR), to determine its signifi cance and role in the formation and improvement of the competitiveness of industrial enterprises in the context of constantly increasing global competition. Methodology. To study the problem of social responsibility of industrial enterprises, work was carried out on a review of scientifi c and journalistic literature, analysis of statistical data, which led to the use of such classical research methods as the method of collecting information, empirical and statistical methods. Originality / value of the research. The application of sustainable measures to develop social responsibility in the practice of managing engineering enterprises is essential to ensure competitive advantages in a strategic perspective. In this regard, the analysis and adaptation of new approaches to CSR management, taking into account modern factors for strengthening the competitive advantages of enterprises and analyzing the interaction of production potential and CSR mechanisms, is a necessary condition for ensuring the competitiveness of mechanical engineering enterprises, which determines the value of this study. Findings. The article discusses the problems of CSR as a component of the management system for the strategic development of industrial enterprises, shows the role of CSR in the formation of the competitive advantages of large enterprises in a modern market economy. The main problems of the development of the social sphere in the context of increasing competition and increasing social responsibility of domestic industrial enterprises have been identifi ed. It is shown that the development of CSR is one of the most important conditions for the successful development of a model of a socially-oriented market in Kazakhstan, and fully complies with the program for the implementation of anti-crisis measures taken as part of the fi ght against the SARS-COVID-2019 pandemic. As a result of the study, the main directions of CSR development and its infl uence on the formation of the competitive advantages of industrial enterprises were determined.
45
Pahwa, Sonali. "Styling Strength." Journal of Middle East Women's Studies 17, no. 1 (March 1, 2021): 96–116. http://dx.doi.org/10.1215/15525864-8790252.
Анотація:
AbstractIn 2014, amid anti-Islamist sentiment in Egypt, the athlete Manal Rostom founded a Facebook group to support hijabis. Intended as a space of internal discussion and solidarity, it grew into one of Facebook’s largest groups worldwide. Analyzing posts on this forum and its offshoot Instagram page, this article examines digital repertoires of Muslim women’s self-styling as both pious and liberal. While the women-only Facebook group reproduced existing religious norms in contemporary language, the Instagram platform generated self-modulated performances of fashion and fitness, blurring lines between liberal and Islamic feminism. The article analyzes the use of digital platforms to construct both a hijabi support group and an influencer platform, arguing that this two-pronged project signified hijab as an ethical and performance practice. As a symbol of self-discipline that moved between the worlds of style and sport, hijab in this digital forum supplemented representations of religious consumerism with competitive performances of strength.
46
Cseres, Katalin J. "Harmonising Private Enforcement of Competition Law in Central and Eastern Europe: The Effectiveness of Legal Transplants Through Consumer Collective Actions." Yearbook of Antitrust and Regulatory Studies 8, no. 12 (2015): 33–59. http://dx.doi.org/10.7172/1689-9024.yars.2015.8.12.2.
Анотація:
The aim of this paper is to critically analyze the manner of harmonizing private enforcement in the EU. The paper examines the legal rules and, more importantly, the actual enforcement practice of collective consumer actions in EU Member States situated in Central and Eastern Europe (CEE). Collective actions are the key method of getting compensation for consumers who have suffered harm as a result of an anti-competitive practice. Consumer compensation has always been the core justification for the European Commission’s policy of encouraging private enforcement of competition law. In those cases where collective redress is not available to consumers, or consumers cannot apply existing rules or are unwilling to do so, then both their right to an effective remedy and the public policy goal of private enforcement remain futile. Analyzing collective compensatory actions in CEE countries (CEECs) places the harmonization process in a broader governance framework, created during their EU accession, characterized by top-down law-making and strong EU conditionality. Analyzing collective consumer actions through this ‘Europeanization’ process, and the phenomenon of vertical legal transplants, raises major questions about the effectiveness of legal transplants vis-à-vis homegrown domestic law-making processes. It also poses the question how such legal rules may depend and interact with market, constitutional and institutional reforms.
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Nazifi, Ermal, and 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.
Анотація:
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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Serdiuk, O., and 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.
Анотація:
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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Bukovac Puvača, Maja. "Ekonomski gubitci kao šteta u hrvatskom odštetnom pravu nakon prenošenja Direktive 2014/104/EU." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 38, no. 1 (2017): 397–416. http://dx.doi.org/10.30925/zpfsr.38.1.14.
Анотація:
Directive 2014/104/EU, which should facilitate the exercise of the right to compensation for damage caused by an infringement of competition law, has entered into force at the end of 2014. In this paper author draws attention to some issues of liability for damages recognized as disputable during the process of its adoption, but failed to regulate by European legislator. In more detail is analysed the notion of damage, for which Directive endeavour to ensure effective exercise the right to claim full compensation in the national courts of the EU Member States. Due to the nature of acts, which represent the infringements of competition law (anti-competitive agreements and abuse of dominance); application of adopted rules seems to be very complicated in practice. Particularly complex issues are passing-on defence, the indirect purchasers’ right to claim, the recognition of the impact of protective prices (“umbrella effects”) and quantifi cation of damage. The paper presents the provisions of draft bill by which Directive should be transposed in Croatian legislation, related to the discussed issues.
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Abdullah, Nuraisyah Chua, and Herwina Rosnan. "Excessive Pricing by SMEs: A Comparative Approach of Legislators’ Behaviour and Sellers’ Behaviour." Environment-Behaviour Proceedings Journal 3, no. 8 (June 28, 2018): 109. http://dx.doi.org/10.21834/e-bpj.v3i8.1388.
Анотація:
SMEs contributes 98% job opportunities in Asian businesses. However, SMEs' lack of legal knowledge on how to do business, including the issue of pricing, led to its slow growth. The legislators' behaviour of intervention or non-intervention against excessive pricing across the world reveals a spectrum of enforcement policies ranging from a clear non-interventionist approach to a moderate attitude towards the practice of the SME sellers. This paper discusses the legal aspects of excessive pricing in Malaysia where an anti-profiteering rule is provided in comparison with selected countries. Proper understanding would enable the SMEs to remain internationally competitive in the industry.eISSN: 2398-4287© 2018. The Authors. Published for AMER ABRA cE-Bsby e-International Publishing House, Ltd., UK. This is an open access article under the CC BYNC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/). Peer–review under responsibility of AMER (Association of Malaysian Environment-Behaviour Researchers), ABRA (Association of Behavioural Researchers on Asians) and cE-Bs (Centre for Environment-Behaviour Studies), Faculty of Architecture, Planning & Surveying, UniversitiTeknologi MARA, Malaysia.DOI: https://doi.org/10.21834/e-bpj.v3i8.1388