发布求助
文献互助 智能选刊 最新文献

竞争法律与政策评论最新文献

筛选
英文 中文
Behavioural Remedies in Oligopolistic Markets under the Indian Merger Control Regime 印度并购管制制度下寡头垄断市场的行为补救
竞争法律与政策评论 Pub Date : 2022-04-08 DOI: 10.54425/ccijoclp.v2.37
P. Lama, Priya Bansal
{"title":"Behavioural Remedies in Oligopolistic Markets under the Indian Merger Control Regime","authors":"P. Lama, Priya Bansal","doi":"10.54425/ccijoclp.v2.37","DOIUrl":"https://doi.org/10.54425/ccijoclp.v2.37","url":null,"abstract":"Competition authorities primarily make use of two types of remedies, namely, “structural” and “behavioural,” or a combination of the two1, before clearing mergers that are likely to cause substantial harm to competition. Of these, structural remedies have been the predominant choice. However, of late, in the wake of the digital revolution and greater emphasis on designing remedies on a case-by-case basis, behavioural remedies have witnessed increased use. To this end, this paper seeks to address the role of behavioural solutions in the oligopolistic market structure under Indian competition law, with a focus on the merger control regime. It also intends to understand and critically analyse the literature on the problem of oligopolistic markets and the approach adopted with respect to remedies employed by the competition authorities of various jurisdictions (including the European Union (EU), the United States of America (USA), Canada, South Korea, Brazil, and India) to address the problem. Furthermore, the paper aims to examine the scope and limitations of behavioural remedies and their potential role in the conditional clearance of mergers. We use the number and nature of merger control investigations in the aforementioned jurisdictions in which behavioural remedies were adopted during 2015–19 to examine the conditions under which these remedies were used. The findings indicate that there is no straitjacket rule in the design and implementation of remedies employed while assessing the potential competition harm of mergers. The incidence of the implementation of behavioural remedies varies according to, inter alia, the nature of the concerned industry, the nature of competition harm (unilateral/coordinated, vertical/horizontal concerns), and the specific facts of the case.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87602047","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
Consortium of MSME: Cartel or Not? 中小微企业联盟:是不是卡特尔?
竞争法律与政策评论 Pub Date : 2022-04-08 DOI: 10.54425/ccijoclp.v2.38
R. Kant, Prachi Agarwal
{"title":"Consortium of MSME: Cartel or Not?","authors":"R. Kant, Prachi Agarwal","doi":"10.54425/ccijoclp.v2.38","DOIUrl":"https://doi.org/10.54425/ccijoclp.v2.38","url":null,"abstract":"This paper is an attempt to analyse government policies and legal position in regard to the status of Micro, Small and Medium Enterprises (MSME) from the perspective of the Competition Act, 2002, especially with respect to their cartel behaviour. Presently, there is no specific legal provision exempting MSMEs from the ambit of the Competition Act, 2002. Yet, there are certain government policies which promote cooperation among MSMEs. In other countries, where there is more or less an exemption to small enterprises under the garb of de–minimis. Government policies promoting cooperation among MSMEs needs attention, preferably through revisiting the legal provisions under the Competition Act, 2002. Therefore, this paper, while touching upon the challenges faced by CCI in this regard, concludes that the contradictions in the policies of different arms of the government are to be sorted out. It further makes suggestions to address the same in light of the practices in other countries.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84446616","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
Predation or Competition: Demystifying the Dilemma in Platform Markets 掠夺还是竞争:揭开平台市场困境的神秘面纱
竞争法律与政策评论 Pub Date : 2022-04-08 DOI: 10.54425/ccijoclp.v2.56
Bhawna Gulati, Vipul Puri
{"title":"Predation or Competition: Demystifying the Dilemma in Platform Markets","authors":"Bhawna Gulati, Vipul Puri","doi":"10.54425/ccijoclp.v2.56","DOIUrl":"https://doi.org/10.54425/ccijoclp.v2.56","url":null,"abstract":"Predatory pricing, as an instrument of abuse of dominance, has always been a conundrum for antitrust regulators, academia, and businesses alike. Starting from the very rationality of predatory pricing strategy to various tests that form part of the assessment framework adopted by competition agencies and courts, there has hardly been a consensus. This paper starts by highlighting how frictions and dilemmas have been further intensified in digital economy markets and highlights how, faced with “hyper-competition,” and riding on network effects and big data, deep discounting and abysmally low pricing is the most widely adopted pricing strategy. This calls for a revised assessment framework to ensure that competition authorities do not end up penalising efficient low pricing. To this end, the paper highlights myths associated with low pricing strategies which may not merit antitrust intervention, while also pointing out fallacies of the existing assessment framework. The paper further suggests an alternative dominance assessment and pitches for developing novel theories of harm that factor in the characteristic features of digital markets.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"81 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80048460","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
Antitrust Investigation against E-Commerce Platforms in Goods Category in India: A Review from Timeliness Perspective 印度电子商务平台商品类反垄断调查:时效性视角回顾
竞争法律与政策评论 Pub Date : 2020-12-01 DOI: 10.54425/ccijoclp.v1.10
Dr. Navdeep Singh Suhag, A. Raj
{"title":"Antitrust Investigation against E-Commerce Platforms in Goods Category in India: A Review from Timeliness Perspective","authors":"Dr. Navdeep Singh Suhag, A. Raj","doi":"10.54425/ccijoclp.v1.10","DOIUrl":"https://doi.org/10.54425/ccijoclp.v1.10","url":null,"abstract":"With the entry of e-commerce, the traditional way in which business was conducted in a marketplace has changed considerably. Although, e-commerce offers a multitude of pro-competitive benefits, yet it is vulnerable to anti-competitive practices owing primarily to its characteristic features such as strong network effects, high innovation rates, fast-changing technologies, etc. In this paper, we review antitrust cases against e-commerce platforms in goods category, in light of the fast-moving nature of online businesses and the importance of timeliness in completion of investigation. We have adopted a doctrinal research methodology in this paper. Based on the findings, we suggest that as per the dynamic situation of markets, it is imperative that a time-bound investigation may be completed so that the true picture comes out. We recommend a holistic investigation by the Director General in such cases and the use of negotiated remedies in the form of settlements and commitments.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"62 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74220158","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
Abuse of Dominance in Digital Platforms: An Analysis of Indian Competition Jurisprudence 数字平台支配地位的滥用:印度竞争法学分析
竞争法律与政策评论 Pub Date : 2020-12-01 DOI: 10.54425/ccijoclp.v1.5
Tilottama Raychaudhuri
{"title":"Abuse of Dominance in Digital Platforms: An Analysis of Indian Competition Jurisprudence","authors":"Tilottama Raychaudhuri","doi":"10.54425/ccijoclp.v1.5","DOIUrl":"https://doi.org/10.54425/ccijoclp.v1.5","url":null,"abstract":"An ongoing debate in competition jurisprudence today is with respect to the enforcement of competition law in digital markets. Digital markets are newer markets in context of which traditional tools of competition law have to be understood and applied. Though the challenges of competition enforcement in digital markets are manifold, this paper focusses on the assessment of dominance and abuse in platform markets, particularly in light of the 2019 Supreme Court judgement in the Uber matter. The Supreme Court’s opinion that loss-making pricing can be an indicator of dominance is inconsistent with the Competition Commission of India’s (CCI) views, which had cautioned against this circular interpretation of dominance and put the issue to rest. The author submits that conflicting interpretations such as these erode the certainty of the law. Competition laws can be flexible but not uncertain or unpredictable. The author identifies areas of concern in digital platforms that are yet unresolved and need to be addressed urgently by guidelines/amendments before the law on this issue becomes incoherent.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88598081","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
Chief Editor’s Foreword 主编的前言
竞争法律与政策评论 Pub Date : 2020-12-01 DOI: 10.54425/ccijoclp.v1.9
A. Gupta
{"title":"Chief Editor’s Foreword","authors":"A. Gupta","doi":"10.54425/ccijoclp.v1.9","DOIUrl":"https://doi.org/10.54425/ccijoclp.v1.9","url":null,"abstract":"No Abstract.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90679521","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
Message from Hon'ble Minister of State for Finance and Corporate Affairs, Government of India 印度政府财政和公司事务国务部长阁下致辞
竞争法律与政策评论 Pub Date : 2020-12-01 DOI: 10.54425/ccijoclp.v1.7
Anurag Singh Thakur
{"title":"Message from Hon'ble Minister of State for Finance and Corporate Affairs, Government of India","authors":"Anurag Singh Thakur","doi":"10.54425/ccijoclp.v1.7","DOIUrl":"https://doi.org/10.54425/ccijoclp.v1.7","url":null,"abstract":"No Abstract.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73266944","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
Intellectual Property, Competition, and Regulatory Policies: A Case of Bt Cotton Seed Industry in India 知识产权、竞争与监管政策:以印度Bt棉花种子产业为例
竞争法律与政策评论 Pub Date : 2020-12-01 DOI: 10.54425/ccijoclp.v1.11
S. Padmaja
{"title":"Intellectual Property, Competition, and Regulatory Policies: A Case of Bt Cotton Seed Industry in India","authors":"S. Padmaja","doi":"10.54425/ccijoclp.v1.11","DOIUrl":"https://doi.org/10.54425/ccijoclp.v1.11","url":null,"abstract":"This paper explores the relationship between intellectual property rights, competition laws and regulatory policies in case of Bt cotton seed industry in India. Using timeline analysis, the paper tracks the events to understand the temporal scope and inter-temporal dependences of the events. This study illustrates that interaction of business model and regulatory policies resulted in anti-competitiveness in the industry. The study shows multiple regulatory enforcements due to the lack of clarity and foresight. Lack of clear legislative framework, specific criteria for assessment, transparency and public involvement in the regulatory decision-making process has led to these multiple enforcements.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"115 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81245603","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
Competition Issues in Public Procurement: Is Tender Design the Solution? 公共采购中的竞争问题:投标设计是解决方案吗?
竞争法律与政策评论 Pub Date : 2020-12-01 DOI: 10.54425/ccijoclp.v1.13
Arun Dhall
{"title":"Competition Issues in Public Procurement: Is Tender Design the Solution?","authors":"Arun Dhall","doi":"10.54425/ccijoclp.v1.13","DOIUrl":"https://doi.org/10.54425/ccijoclp.v1.13","url":null,"abstract":"Public procurement is one of the most important economic activities for any economy. The forward linkages and its impact on social and industrial policy give it “an engine of growth” dimension. In this attempt, we try to study why competition is crucial for the success of any procurement policy. The fundamental need for public procurement is to be efficient, as an “efficient” public procurement not only reduces public expenditure but also has positive externalities. The basic framework within which we try and study the competition concerns in public procurement is based on two types of concerns, namely collusive and non-collusive. These two types of concerns emanate from a combination of numerous factors like number of sellers, demand conditions, and market dynamics. The factors, which result in inefficient procurement, are often not amenable to quick changes to ward off the threats completely. Therefore, a multi-prolonged approach is needed for efficient public procurement outcomes. Tender designs draw the boundaries of the competition field where sellers compete for the market. Therefore, they can incorporate elements to address specific threats that a particular procurement market face. Hence, the tender design is a potential tool which can be utilised to mitigate and address these concerns.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"23 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83365683","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: 1
National Conference on Economics of Competition Law 全国竞争法经济学会议
竞争法律与政策评论 Pub Date : 2020-12-01 DOI: 10.54425/ccijoclp.v1.16
Rinki Singh, F. Siddiqui
{"title":"National Conference on Economics of Competition Law","authors":"Rinki Singh, F. Siddiqui","doi":"10.54425/ccijoclp.v1.16","DOIUrl":"https://doi.org/10.54425/ccijoclp.v1.16","url":null,"abstract":"No Abstract.","PeriodicalId":68002,"journal":{"name":"竞争法律与政策评论","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79521287","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: 1
首页 上一页 下一页 尾页
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整，为了账户安全，请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们：info@booksci.cn Book学术提供免费学术资源搜索服务，方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号：604180095
Book学术官方微信
小红书