World Competition最新文献_第7页

EU Competition Law: An Unaffordable Luxury in Times of Crisis? 欧盟竞争法:危机时期负担不起的奢侈品?

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World Competition Pub Date : 2020-05-01 DOI: 10.54648/woco2021023

P. Massey, M. Mcdowell

引用次数: 17

Brexit and Competition Law: Future Directions of Domestic Enforcement 英国脱欧与竞争法:国内执法的未来方向

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World Competition Pub Date : 2020-03-01 DOI: 10.54648/woco2020006

M. Dabbah

引用次数: 0

Why Managers Engage in Price Fixing? An Analytical Framework 管理者为何操纵价格?分析框架

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World Competition Pub Date : 2020-03-01 DOI: 10.54648/woco2020003

Constance Monnier-Schlumberger, E. Combe

引用次数: 1

The Optimal Assessment Rule for EU State Aid Procedure 欧盟国家援助程序的最优评估规则

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World Competition Pub Date : 2020-03-01 DOI: 10.54648/woco2020005

A. Nowak-Salles

{"title":"The Optimal Assessment Rule for EU State Aid Procedure","authors":"A. Nowak-Salles","doi":"10.54648/woco2020005","DOIUrl":"https://doi.org/10.54648/woco2020005","url":null,"abstract":"This article fills the gap in the State aid literature by discussing the optimal rule for State aid assessment, which shall increase the reliability and accuracy of State aid enforcement by the European Commission. Moreover, it contributes to decision theory more broadly, by putting emphasis on the error in application of law, which hampers an effective distinction between desirable and undesirable measures.\u0000The argument developed in this article is that the informational asymmetries, which the Commission faces when assessing measures, may be overcome to a different extent at each procedural stage. Hence, and due to the interrelation between complexity of rules and the probability of error in their application, State aid assessment requires two assessment rules, one for the preliminary examination and one for the formal investigation. However, it seems that such optimal assessment rules have not been identified, and no concern about accuracy in application of complex rules is reflected in the literature or in the legal framework. Consequently, the Commission shall structure and make known the rules which guide its assessment, especially in the preliminary examination. This would benefit the quality and transparency of the decision-making and might be particularly valuable in the context of the on-going revision of State aid guidelines.\u0000EU State aid law, Article 107 TFEU, Decisional Errors, Decision Theory, State Aid Procedure, Compatibility Assessment, Notion of Aid, State Aid Modernisation, Revision of State Aid Guidelines, Optimal Assessment Rule","PeriodicalId":43861,"journal":{"name":"World Competition","volume":"2 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73844799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Should Pay for Delay Be a Cause for Concern in Japan? 日本应该为延迟付款而担忧吗?

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World Competition Pub Date : 2020-03-01 DOI: 10.54648/woco2020008

S. Gallasch, Naoko Mariyama

{"title":"Should Pay for Delay Be a Cause for Concern in Japan?","authors":"S. Gallasch, Naoko Mariyama","doi":"10.54648/woco2020008","DOIUrl":"https://doi.org/10.54648/woco2020008","url":null,"abstract":"Yes, it should. Pay for delay settlements have raised concern across the globe and have led to significant competition law scrutiny in the US and Europe. Branded pharmaceutical companies use patent settlements to pay potential generic entrants in order to stay off the market, thereby reducing competition and harming consumers. This conduct has been found to be unlawful by the US Supreme Court and the EU General Court. In Japan, however, such anticompetitive settlements allegedly do not take place, despite offering similar economic incentives to pharmaceutical companies in the second largest pharmaceutical market in the world. This is intriguing and warrants close scrutiny. This article is the first to investigate, based on a comparative analysis with the US and EU whether or not the Japanese pharmaceutical sector is susceptible to pay for delay settlements. We come to the conclusion that the regulatory regime in Japan features the necessary prerequisites to make pay for delay settlements a feasible yet anticompetitive drug lifecycle management strategy.\u0000Pay for delay, Japan, pharmaceutical, US antitrust, competition, comparative analysis, theory of harm, Japanese Antimonopoly Act, Europe, patent settlement","PeriodicalId":43861,"journal":{"name":"World Competition","volume":"38 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87736375","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Happily Ever After?: Vertical and Horizontal Mergers in the US Media Industry 从此过上了幸福的生活?:美国传媒业的纵向和横向合并

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World Competition Pub Date : 2020-03-01 DOI: 10.54648/woco2020007

Oliver Budzinski, Annika Stöhr, Victoriia Noskova, Philipp Kunz-Kaltenhäuser, Sophia Gaenssle

{"title":"Happily Ever After?: Vertical and Horizontal Mergers in the US Media Industry","authors":"Oliver Budzinski, Annika Stöhr, Victoriia Noskova, Philipp Kunz-Kaltenhäuser, Sophia Gaenssle","doi":"10.54648/woco2020007","DOIUrl":"https://doi.org/10.54648/woco2020007","url":null,"abstract":"This article provides an economic analysis of recent vertical and horizontal mergers in the US industry for audio-visual media content, including the AT&T–Time Warner and the Disney– Fox mergers. Using a theory-driven approach, we examine economic effects of these types of mergers on market competition, focusing on digital media content distribution.\u0000In doing so, we address three research questions: (1) Is the current development of the industry with its recent merger activity concerning? (2) Would vertical or horizontal integration be more preferable for overall welfare and competition in this industry? (3) What are implications for antitrust policy?\u0000We conclude from our analysis that in the already highly horizontally concentrated US market for audio-visual content the process of further vertical integration creates concerns from a competition policy perspective. Moreover, even though horizontal concentration on some of the market stages may be anticompetitive as well, vertical integration is likely to be more harmful. As a consequence, we recommend a stricter approach to vertical merger control in this industry, as well as a more active abuse control against already vertically integrated media companies.\u0000competition policy, antitrust, industrial economics, digitization, media economics, institutional economics, industrial organization, mergers, vertical integration, horizontal integration","PeriodicalId":43861,"journal":{"name":"World Competition","volume":"8 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85956965","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

Proportionality of Fines in the Context of Global Cartel Enforcement 在全球卡特尔执法的背景下罚款的比例

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World Competition Pub Date : 2020-03-01 DOI: 10.54648/woco2020004

Pieter J. F. Huizing

引用次数: 1

Quantitative Methods and Mergers Effects in Competition Policy: The Brazilian Case 定量方法与竞争政策中的兼并效应:巴西案例

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World Competition Pub Date : 2019-12-01 DOI: 10.54648/woco2019028

C. Pires-Alves, M. Lyra, M. Bonfatti

引用次数: 0

Editorial’s Note Editorial’s音符

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World Competition Pub Date : 2019-12-01 DOI: 10.54648/woco2019024

S. Choudhry

引用次数: 0

Emerging Trend in Competition Law in Southeast Asia: Perspectives from Myanmar and Thailand 东南亚竞争法的新趋势:缅甸和泰国的视角

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World Competition Pub Date : 2019-12-01 DOI: 10.54648/woco2019030

Ploykaew Porananond, Po Ma Ma Aung

{"title":"Emerging Trend in Competition Law in Southeast Asia: Perspectives from Myanmar and Thailand","authors":"Ploykaew Porananond, Po Ma Ma Aung","doi":"10.54648/woco2019030","DOIUrl":"https://doi.org/10.54648/woco2019030","url":null,"abstract":"Establishing a new competition law regime is never an easy task, especially for developing countries. The current literature of competition law is rich with suggestions on the best political economy preconditions conducive to an effective competition law regime. It is generally believed that countries with a democratic political regime and a stable rule of law are more inclined to enact national competition law. Moreover, countries that embrace the principle of trade liberalization, privatization, and market economy are a fertile ground to the growth of competition law.\u0000Yet, the enactments of Myanmar competition law in 2015 and Thailand new competition law in 2017 deviate from this general understanding. Naturally, it is assumed that competition laws adopted in these countries would be starkly different from pre-existing competition laws. It hints towards an emerging trend of competition law, one which manages to enact and enforce competition law regardless of the reality of the local political economy. This article explains the cause and consequence of this deviation, without immaturely evaluating the effectiveness of such young regimes. It concludes with investigating the likely source behind it, specifically whether the ASEAN, in which both Myanmar and Thailand are Member States, is behind such phenomenon.","PeriodicalId":43861,"journal":{"name":"World Competition","volume":"12 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2019-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73223199","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2