首页 > 最新文献

Yearbook of Antitrust and Regulatory Studies最新文献

英文 中文
Why do Competition Authorities need Artificial Intelligence? 为什么竞争监管机构需要人工智能?
Q3 Social Sciences Pub Date : 2022-12-01 DOI: 10.7172/1689-9024.yars.2022.15.26.2
Isabella Lorenzoni
Recent technological developments are transforming the way antitrust is enforced as well as the way market players are infringing competition law. As a result, enforcers are starting to equip themselves with sophisticated digital investigation tools. This paper explores this interest in building an Artificial Intelligence (AI) arsenal for the fight against algorithmic infringements. What are the key factors motivating regulators to develop their own technological tools to enforce competition law? Building on interviews with a number of competition authorities, this paper finds that changes in digital markets, the need for enforcers to reverseengineer companies’ algorithms in order to better understand their implications for competition law, the need to enhance efficiency and keep pace with the fast evolution of the digital economy, and, finally, the decrease in leniency applications, are all reasons for which competition authorities should strive for more innovative and alternative means to boost their ex officio investigations.
最近的技术发展正在改变反垄断的执行方式,以及市场参与者违反竞争法的方式。因此,执法人员开始装备复杂的数字调查工具。本文探讨了建立人工智能(AI)武器库以对抗算法侵权的兴趣。激励监管机构开发自己的技术工具来执行竞争法的关键因素是什么?基于对一些竞争监管机构的采访,本文发现,数字市场的变化,执法者需要对公司的算法进行逆向工程,以便更好地理解它们对竞争法的影响,需要提高效率并跟上数字经济的快速发展,最后,从宽申请的减少,这些都是竞争管理机构应努力寻求更多创新和替代手段来加强其当然调查的原因。
{"title":"Why do Competition Authorities need Artificial Intelligence?","authors":"Isabella Lorenzoni","doi":"10.7172/1689-9024.yars.2022.15.26.2","DOIUrl":"https://doi.org/10.7172/1689-9024.yars.2022.15.26.2","url":null,"abstract":"Recent technological developments are transforming the way antitrust is enforced as well as the way market players are infringing competition law. As a result, enforcers are starting to equip themselves with sophisticated digital investigation tools. This paper explores this interest in building an Artificial Intelligence (AI) arsenal for the fight against algorithmic infringements. What are the key factors motivating regulators to develop their own technological tools to enforce competition law? Building on interviews with a number of competition authorities, this paper finds that changes in digital markets, the need for enforcers to reverseengineer companies’ algorithms in order to better understand their implications for competition law, the need to enhance efficiency and keep pace with the fast evolution of the digital economy, and, finally, the decrease in leniency applications, are all reasons for which competition authorities should strive for more innovative and alternative means to boost their ex officio investigations.","PeriodicalId":36276,"journal":{"name":"Yearbook of Antitrust and Regulatory Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47502962","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
Competition law enforcement in Ukraine: challenges from on-line giants 乌克兰竞争法的执行:来自网络巨头的挑战
Q3 Social Sciences Pub Date : 2022-12-01 DOI: 10.7172/1689-9024.yars.2022.15.26.3
A. Gerasymenko, N. Mazaraki
Competition law, economics and policy are facing a regulatory metamorphosis due to the rise of the digital economy. US, China and EU jurisdictions have announced and partially introduced systemic changes to their competition law frameworks to keep pace with technological developments. The Antimonopoly Committee of Ukraine is following the principle of ‘three monkeys’, it sees no on-line platforms, hears no on-line platforms, speaks of no on-line platforms, so nothing has been undertaken or even announced. The paper is twofold. Firstly, it analyses the economic background and features of the digital economy and shows why the available instruments of competition enforcement are ineffective. The second part of the paper shows why the current Ukrainian competition law framework is (in)capable of dealing with challenges posed by on-line giants. Regarding the need for a recalibration of regulatory approaches in digital markets, Ukraine faces the dilemma of a proper combination of ex ante and ex post measures.
由于数字经济的兴起,竞争法、经济学和政策正面临监管变革。美国、中国和欧盟司法管辖区已宣布并部分引入了对其竞争法框架的系统性改革,以跟上技术发展的步伐。乌克兰反垄断委员会遵循“三只猴子”的原则,没有看到在线平台,没有听到在线平台,没有谈论在线平台,因此没有采取任何行动,甚至没有宣布任何行动。这张纸是双面的。首先,分析了数字经济的经济背景和特征,并说明了现有竞争执法手段无效的原因。论文的第二部分说明了为什么目前的乌克兰竞争法框架能够应对在线巨头带来的挑战。关于重新调整数字市场监管方法的必要性,乌克兰面临着将事前和事后措施适当结合起来的困境。
{"title":"Competition law enforcement in Ukraine: challenges from on-line giants","authors":"A. Gerasymenko, N. Mazaraki","doi":"10.7172/1689-9024.yars.2022.15.26.3","DOIUrl":"https://doi.org/10.7172/1689-9024.yars.2022.15.26.3","url":null,"abstract":"Competition law, economics and policy are facing a regulatory metamorphosis due to the rise of the digital economy. US, China and EU jurisdictions have announced and partially introduced systemic changes to their competition law frameworks to keep pace with technological developments. The Antimonopoly Committee of Ukraine is following the principle of ‘three monkeys’, it sees no on-line platforms, hears no on-line platforms, speaks of no on-line platforms, so nothing has been undertaken or even announced. The paper is twofold. Firstly, it analyses the economic background and features of the digital economy and shows why the available instruments of competition enforcement are ineffective. The second part of the paper shows why the current Ukrainian competition law framework is (in)capable of dealing with challenges posed by on-line giants. Regarding the need for a recalibration of regulatory approaches in digital markets, Ukraine faces the dilemma of a proper combination of ex ante and ex post measures.","PeriodicalId":36276,"journal":{"name":"Yearbook of Antitrust and Regulatory Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46496934","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
The Digital Markets Act between the EU Economic Constitutionalism and the EU Competition Policy 欧盟经济宪政与欧盟竞争政策之间的《数字市场法》
Q3 Social Sciences Pub Date : 2022-12-01 DOI: 10.7172/1689-9024.yars.2022.15.26.5
C. Massa
Given that a lot has already been written by legal scholars on the practical implications that the entry into force of the Digital Markets Act will have, the present article intends to bring the discussion back to the theoretical level, trying to find out where the roots of this proposed regulation lie, with an analysis of the context in which it falls, the EU principles and values upon which it is based, the objectives it intends to pursue, and the legal-economic theories behind it.
鉴于法律学者已经就《数字市场法》的生效将产生的实际影响写了很多文章,本文打算将讨论带回理论层面,试图找出这项拟议法规的根源,并分析其适用的背景,它所基于的欧盟原则和价值观,它打算追求的目标,以及它背后的法律经济理论。
{"title":"The Digital Markets Act between the EU Economic Constitutionalism and the EU Competition Policy","authors":"C. Massa","doi":"10.7172/1689-9024.yars.2022.15.26.5","DOIUrl":"https://doi.org/10.7172/1689-9024.yars.2022.15.26.5","url":null,"abstract":"Given that a lot has already been written by legal scholars on the practical implications that the entry into force of the Digital Markets Act will have, the present article intends to bring the discussion back to the theoretical level, trying to find out where the roots of this proposed regulation lie, with an analysis of the context in which it falls, the EU principles and values upon which it is based, the objectives it intends to pursue, and the legal-economic theories behind it.","PeriodicalId":36276,"journal":{"name":"Yearbook of Antitrust and Regulatory Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44646212","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
Gateways to the Internet Ecosystem – Enabling and Discovery Tools in the Age of Global Online Platforms 互联网生态系统的门户——全球在线平台时代的赋能和发现工具
Q3 Social Sciences Pub Date : 2022-12-01 DOI: 10.7172/1689-9024.yars.2022.15.26.6
Judit Firniksz, B. Dömötörfy, Péter Mezei
The Google Shopping case has provided significant lessons that reach beyond antitrust enforcement. ‘Enabling and discovery tools’ create a layer that serves as a gateway to the Internet ecosystem. Therefore, on the one hand, they play a key role in ensuring the openness of the Internet ecosystem, and on the other hand, they exercise a primary influence on consumer experiences and their cognitive processes, which in turn determine online consumer transactions. Enabling and discovery tools, such as adopting design methods based on applied behavioural sciences (for example: user experience design (UX) and user interface design (UI)), create global challenges at the crossroads of antitrust, consumer law and platform regulation. At the same time, in light of the complexity of the platform economy, some market phenomena might be particularly difficult to identify and address, while fast and efficient adaptation is an essential factor for market players. This brings advocacy – the promotion of a competitive environment – into the focus also at the national level, particularly where a dual enforcement regime makes a multifocal approach possible.
谷歌购物案提供了超出反垄断执法范围的重要教训启用和发现工具'创建了一个层,作为互联网生态系统的网关。因此,它们一方面在确保互联网生态系统的开放方面发挥着关键作用,另一方面,它们对消费者体验及其认知过程产生了主要影响,而消费者体验和认知过程又决定了在线消费者交易。启用和发现工具,如采用基于应用行为科学的设计方法(例如:用户体验设计和用户界面设计),在反垄断、消费者法和平台监管的十字路口带来了全球挑战。同时,鉴于平台经济的复杂性,一些市场现象可能特别难以识别和解决,而快速有效的适应是市场参与者的一个重要因素。这使得倡导——促进竞争环境——也成为国家一级的重点,特别是在双重执法制度使多焦点方法成为可能的情况下。
{"title":"Gateways to the Internet Ecosystem – Enabling and Discovery Tools in the Age of Global Online Platforms","authors":"Judit Firniksz, B. Dömötörfy, Péter Mezei","doi":"10.7172/1689-9024.yars.2022.15.26.6","DOIUrl":"https://doi.org/10.7172/1689-9024.yars.2022.15.26.6","url":null,"abstract":"The Google Shopping case has provided significant lessons that reach beyond antitrust enforcement. ‘Enabling and discovery tools’ create a layer that serves as a gateway to the Internet ecosystem. Therefore, on the one hand, they play a key role in ensuring the openness of the Internet ecosystem, and on the other hand, they exercise a primary influence on consumer experiences and their cognitive processes, which in turn determine online consumer transactions. Enabling and discovery tools, such as adopting design methods based on applied behavioural sciences (for example: user experience design (UX) and user interface design (UI)), create global challenges at the crossroads of antitrust, consumer law and platform regulation. At the same time, in light of the complexity of the platform economy, some market phenomena might be particularly difficult to identify and address, while fast and efficient adaptation is an essential factor for market players. This brings advocacy – the promotion of a competitive environment – into the focus also at the national level, particularly where a dual enforcement regime makes a multifocal approach possible.","PeriodicalId":36276,"journal":{"name":"Yearbook of Antitrust and Regulatory Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45527155","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
The Housekeeping of the Court of Justice: The ne bis in idem Principle and the Territorial Scope of NCA Decisions. Case Comment to the Nordzucker Judgment of the Court of Justice of 22 March 2022, Case C-151/20 法院的内务管理:一事不再理原则和NCA裁决的地域范围。对法院2022年3月22日Nordzucker判决的案例评论,C-151/20案
Q3 Social Sciences Pub Date : 2022-12-01 DOI: 10.7172/1689-9024.yars.2022.15.26.7
K. Dobosz
The case commentary examines the recent ruling of the Court of Justice in the Nordzucker case. This judgment is important not only for the new approach to the ne bis in idem principle in competition law (which was first established in the Bpost case, issued the same day), but also for the clarification of the concept of “idem” with respect to the territorial effects of the infringement on the territories of two member states. The judgment thus provides guidance for the extraterritorial application of EU competition law.
案件评论审查了法院最近对Nordzucker案的裁决。这一判决不仅对竞争法中一事不再理原则的新方法(该原则在Bpost案中首次确立,于同一天发布)很重要,而且对澄清“一事不再”的概念以及侵权行为对两个成员国领土的领土影响也很重要。因此,该判决为欧盟竞争法的域外适用提供了指导。
{"title":"The Housekeeping of the Court of Justice: The ne bis in idem Principle and the Territorial Scope of NCA Decisions. Case Comment to the Nordzucker Judgment of the Court of Justice of 22 March 2022, Case C-151/20","authors":"K. Dobosz","doi":"10.7172/1689-9024.yars.2022.15.26.7","DOIUrl":"https://doi.org/10.7172/1689-9024.yars.2022.15.26.7","url":null,"abstract":"The case commentary examines the recent ruling of the Court of Justice in the Nordzucker case. This judgment is important not only for the new approach to the ne bis in idem principle in competition law (which was first established in the Bpost case, issued the same day), but also for the clarification of the concept of “idem” with respect to the territorial effects of the infringement on the territories of two member states. The judgment thus provides guidance for the extraterritorial application of EU competition law.","PeriodicalId":36276,"journal":{"name":"Yearbook of Antitrust and Regulatory Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46181394","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
Section 19a GWB as the German ‘Lex GAFA’ – lighthouse project or superfluous national solo run? 第19a节GWB作为德国的“Lex GAFA”-灯塔工程或多余的国家独立运行?
Q3 Social Sciences Pub Date : 2022-12-01 DOI: 10.7172/1689-9024.yars.2022.15.26.4
Tabea Bauermeister
As the European Union kept on struggling with its Digital Markets Act, Germany forged ahead and implemented its own ‘Lex GAFA’ in early 2021. The paper will introduce this new Section 19a and explain its inner workings. Furthermore, Section 19a will be compared to classic Article 102 TFEU-procedure and contrasted with the DMA. Thereby, the paper will present the advantages and disadvantages of Section 19a in comparison to existing and future European law to assess whether Section 19a is in fact the lighthouse project it was presented to be – or rather a superfluous national solo run.
当欧盟仍在努力制定《数字市场法案》时,德国却在2021年初实施了自己的《数字市场法案》(Lex GAFA)。本文将介绍这个新的Section 19a并解释其内部工作原理。此外,第19a节将与经典的第102条tfeu程序进行比较,并与DMA进行对比。因此,本文将介绍第19a条的优点和缺点,与现有和未来的欧洲法律进行比较,以评估第19a条是否实际上是灯塔项目,它被提出是-或者更确切地说,是一个多余的国家单独运行。
{"title":"Section 19a GWB as the German ‘Lex GAFA’ – lighthouse project or superfluous national solo run?","authors":"Tabea Bauermeister","doi":"10.7172/1689-9024.yars.2022.15.26.4","DOIUrl":"https://doi.org/10.7172/1689-9024.yars.2022.15.26.4","url":null,"abstract":"As the European Union kept on struggling with its Digital Markets Act, Germany forged ahead and implemented its own ‘Lex GAFA’ in early 2021. The paper will introduce this new Section 19a and explain its inner workings. Furthermore, Section 19a will be compared to classic Article 102 TFEU-procedure and contrasted with the DMA. Thereby, the paper will present the advantages and disadvantages of Section 19a in comparison to existing and future European law to assess whether Section 19a is in fact the lighthouse project it was presented to be – or rather a superfluous national solo run.","PeriodicalId":36276,"journal":{"name":"Yearbook of Antitrust and Regulatory Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42054546","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
The Comparison of the US and EU Agricultural Antitrust Exemptions 美国与欧盟农业反垄断豁免比较
Q3 Social Sciences Pub Date : 2022-11-01 DOI: 10.7172/1689-9024.yars.2022.15.25.6
M. M. Csirszki
The article aims to compare the sectoral antitrust exemption for agriculture that exists in the United States (US) and the European Union (EU). The roots for the privileged position of agriculture under antitrust laws date back to 1914. Section 6 of the Clayton Act was the first US law which exempted certain cooperatives. In 1922, the protection was extended to a broader range of agricultural entities by the Capper-Volstead Act. These two acts have since then determined the scope and extent of the US exemption but have evolved through judiciary interpretation. The EU has had a similar exemption for agriculture since the beginnings of European integration. After presenting briefly the likely explanations for the privileged treatment of this sector under antitrust, the article aims to analyse the regulations in force in order to explore their similarities and differences. The analysis also seeks to answer the question of whether the ‘accusation’ that EU competition law – in contrast with the US antitrust regime – is not purely based on efficiency considerations can also be extended to the agricultural sector’s privileged treatment. In the end, the rules in force of the two jurisdictions are compared and conclusions drawn.
本文旨在比较美国和欧盟对农业的部门反垄断豁免。农业在反垄断法下享有特权地位的根源可以追溯到1914年。克莱顿法案第6条是美国第一部豁免某些合作社的法律。1922年,《卡珀-沃尔斯特德法案》将保护范围扩大到更广泛的农业实体。此后,这两项法案决定了美国豁免的范围和程度,但随着司法解释的发展而演变。自欧洲一体化开始以来,欧盟对农业也有类似的豁免。在简要介绍了该行业在反垄断法下享有特权待遇的可能解释后,本文旨在分析现行法规,以探讨其异同。该分析还试图回答这样一个问题,即与美国反垄断制度相比,欧盟竞争法并非纯粹基于效率考虑的“指控”是否也可以扩展到农业部门的特权待遇。最后,对两个司法管辖区的现行规则进行了比较,得出结论。
{"title":"The Comparison of the US and EU Agricultural Antitrust Exemptions","authors":"M. M. Csirszki","doi":"10.7172/1689-9024.yars.2022.15.25.6","DOIUrl":"https://doi.org/10.7172/1689-9024.yars.2022.15.25.6","url":null,"abstract":"The article aims to compare the sectoral antitrust exemption for agriculture that exists in the United States (US) and the European Union (EU). The roots for the privileged position of agriculture under antitrust laws date back to 1914. Section 6 of the Clayton Act was the first US law which exempted certain cooperatives. In 1922, the protection was extended to a broader range of agricultural entities by the Capper-Volstead Act. These two acts have since then determined the scope and extent of the US exemption but have evolved through judiciary interpretation. The EU has had a similar exemption for agriculture since the beginnings of European integration. After presenting briefly the likely explanations for the privileged treatment of this sector under antitrust, the article aims to analyse the regulations in force in order to explore their similarities and differences. The analysis also seeks to answer the question of whether the ‘accusation’ that EU competition law – in contrast with the US antitrust regime – is not purely based on efficiency considerations can also be extended to the agricultural sector’s privileged treatment. In the end, the rules in force of the two jurisdictions are compared and conclusions drawn.","PeriodicalId":36276,"journal":{"name":"Yearbook of Antitrust and Regulatory Studies","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41414657","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
Enforcement of Competition Law in Times of Crisis: Is Guided Self-Assessment the Answer? 危机时期竞争法的实施:引导式自我评估是答案吗?
Q3 Social Sciences Pub Date : 2022-11-01 DOI: 10.7172/1689-9024.yars.2022.15.25.3
B. Wardhaugh
One common criticism of the EU’s competition regime is that it hinders adequate mitigation of crises by preventing a collaborative response to the problem. We suggest that this view is incorrect. We suggest that a collaborative response is unlikely to effectively mitigate most problems. Yet some forms of cooperation can facilitate a crisis solution. These may be at the margin of legality, giving uncertainty as to whether the proposed practice is permitted. With the possibility of significant penalties for competition infringements, most undertakings will not engage in such cooperative practices. There are significant legal and institutional impediments to providing this Guidance. Such gaps lead to uncertainty found in the nature of the EU competition rules and in NCA practice. We argue that the means forward is with greater engagement and guidance by the Commission and NCAs.
对欧盟竞争制度的一个常见批评是,它阻碍了对问题的合作应对,从而阻碍了危机的充分缓解。我们认为这种观点是不正确的。我们认为,合作应对不太可能有效缓解大多数问题。然而,某些形式的合作可以促进危机的解决。这些做法可能处于合法性的边缘,使拟议做法是否被允许存在不确定性。由于可能会对违反竞争行为进行重大处罚,大多数企业不会从事此类合作行为。提供本指南存在重大的法律和体制障碍。这种差距导致了欧盟竞争规则的性质和NCA实践中的不确定性。我们认为,前进的途径是委员会和国家体育协会加强参与和指导。
{"title":"Enforcement of Competition Law in Times of Crisis: Is Guided Self-Assessment the Answer?","authors":"B. Wardhaugh","doi":"10.7172/1689-9024.yars.2022.15.25.3","DOIUrl":"https://doi.org/10.7172/1689-9024.yars.2022.15.25.3","url":null,"abstract":"One common criticism of the EU’s competition regime is that it hinders adequate mitigation of crises by preventing a collaborative response to the problem. We suggest that this view is incorrect. We suggest that a collaborative response is unlikely to effectively mitigate most problems. Yet some forms of cooperation can facilitate a crisis solution. These may be at the margin of legality, giving uncertainty as to whether the proposed practice is permitted. With the possibility of significant penalties for competition infringements, most undertakings will not engage in such cooperative practices. There are significant legal and institutional impediments to providing this Guidance. Such gaps lead to uncertainty found in the nature of the EU competition rules and in NCA practice. We argue that the means forward is with greater engagement and guidance by the Commission and NCAs.","PeriodicalId":36276,"journal":{"name":"Yearbook of Antitrust and Regulatory Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41903969","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
Personal liability of managers of undertakings for infringements of competition law in the Republic of Lithuania: the sanctions regime from the perspective of the principle of legal certainty 立陶宛共和国企业经营者违反竞争法的个人责任:从法律确定性原则看制裁制度
Q3 Social Sciences Pub Date : 2022-11-01 DOI: 10.7172/1689-9024.yars.2022.15.25.4
Raimundas Moisejevas, Justina Nasutavičienė, Andrius Puksas
This article focuses on the personal liability of managers of undertakings for breaches of competition law. This article starts with a review of the sanction regime for managers of undertakings according to the Competition law of the Republic of Lithuania. Reviewed are legal provisions and judicial practice of the Lithuanian courts starting from 2017, that is, when the first request to sanction a manager of an undertaking was submitted to the court by the Competition Council (CC). It is pointed out that in most cases the courts do not fully accept the requests of the CC with respect to the severity of the sanctions to be imposed on managers. The second part of the Article comprehensively analyses the case-law of administrative courts of the Republic of Lithuania, and presents key elements of the imposition of sanctions on company managers. Firstly, in exceptional circumstances, courts may impose a lower penalty than the one specified by competition law. Secondly, the courts may impose both, the main sanction as well as an additional one, or any of them. Thirdly, the level of sanctions should be determined the light of the fines imposed on undertakings for their infringements of competition law. The article concludes with a short summary.
本文的重点是经营者对违反竞争法行为的个人责任。本条首先审查了根据立陶宛共和国竞争法对企业经营者的制裁制度。审查了立陶宛法院从2017年开始的法律规定和司法实践,即竞争委员会(CC)首次向法院提交制裁企业经理的请求。据指出,在大多数情况下,法院并不完全接受CC关于对管理人员实施制裁的严重性的请求。文章的第二部分全面分析了立陶宛共和国行政法院的判例法,并提出了对公司经理实施制裁的关键要素。首先,在特殊情况下,法院可能会判处比竞争法规定的处罚更低的处罚。第二,法院既可以施加主要制裁,也可以施加额外制裁,或者其中任何一项。第三,应根据对违反竞争法的经营者处以的罚款来确定制裁的程度。文章最后作了简短的总结。
{"title":"Personal liability of managers of undertakings for infringements of competition law in the Republic of Lithuania: the sanctions regime from the perspective of the principle of legal certainty","authors":"Raimundas Moisejevas, Justina Nasutavičienė, Andrius Puksas","doi":"10.7172/1689-9024.yars.2022.15.25.4","DOIUrl":"https://doi.org/10.7172/1689-9024.yars.2022.15.25.4","url":null,"abstract":"This article focuses on the personal liability of managers of undertakings for breaches of competition law. This article starts with a review of the sanction regime for managers of undertakings according to the Competition law of the Republic of Lithuania. Reviewed are legal provisions and judicial practice of the Lithuanian courts starting from 2017, that is, when the first request to sanction a manager of an undertaking was submitted to the court by the Competition Council (CC). It is pointed out that in most cases the courts do not fully accept the requests of the CC with respect to the severity of the sanctions to be imposed on managers. The second part of the Article comprehensively analyses the case-law of administrative courts of the Republic of Lithuania, and presents key elements of the imposition of sanctions on company managers. Firstly, in exceptional circumstances, courts may impose a lower penalty than the one specified by competition law. Secondly, the courts may impose both, the main sanction as well as an additional one, or any of them. Thirdly, the level of sanctions should be determined the light of the fines imposed on undertakings for their infringements of competition law. The article concludes with a short summary.","PeriodicalId":36276,"journal":{"name":"Yearbook of Antitrust and Regulatory Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43352373","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
Leave it to the experts: A comparative analysis of competition-expert lay judges in private enforcement of competition law 留给专家:竞争的比较分析——竞争法律私人执行中的专家非专业法官
Q3 Social Sciences Pub Date : 2022-11-01 DOI: 10.7172/1689-9024.yars.2022.15.25.1
Lena Hornkohl
This paper focuses on the procedural instrument of ‘competition-expert’ lay judges to ease damages calculations and private actions for damages for the violation of competition law in general. To this end, the paper analyses various forms of ‘expert’ lay participation that already exist in Europe. It concentrates, in particular, on commercial and intellectual property proceedings, but also delves into the few existing examples of competition-expert lay judges for private enforcement of competition law. It assesses their transferability for competition damages proceedings and attempts to test EU and national competition as well as procedural law boundaries more generally. The paper considers common grounds, advantages and disadvantages, as well as best practices in this context. It concludes with early proposals for including competition-expert lay judges in private enforcement of competition law.
本文侧重于“竞争专家”非专业法官的程序工具,以简化损害赔偿的计算和一般违反竞争法的损害赔偿的私人诉讼。为此,本文分析了欧洲已经存在的各种形式的“专家”外行参与。它特别集中于商业和知识产权诉讼,但也深入研究了少数几个现有的竞争专家非专业法官对竞争法私人执行的例子。它评估了它们在竞争损害赔偿程序中的可转移性,并试图更普遍地测试欧盟和国家竞争以及程序法边界。本文考虑了在此背景下的共同点、优点和缺点以及最佳实践。最后,它提出了在竞争法的私人执行中纳入竞争专家非专业法官的早期建议。
{"title":"Leave it to the experts: A comparative analysis of competition-expert lay judges in private enforcement of competition law","authors":"Lena Hornkohl","doi":"10.7172/1689-9024.yars.2022.15.25.1","DOIUrl":"https://doi.org/10.7172/1689-9024.yars.2022.15.25.1","url":null,"abstract":"This paper focuses on the procedural instrument of ‘competition-expert’ lay judges to ease damages calculations and private actions for damages for the violation of competition law in general. To this end, the paper analyses various forms of ‘expert’ lay participation that already exist in Europe. It concentrates, in particular, on commercial and intellectual property proceedings, but also delves into the few existing examples of competition-expert lay judges for private enforcement of competition law. It assesses their transferability for competition damages proceedings and attempts to test EU and national competition as well as procedural law boundaries more generally. The paper considers common grounds, advantages and disadvantages, as well as best practices in this context. It concludes with early proposals for including competition-expert lay judges in private enforcement of competition law.","PeriodicalId":36276,"journal":{"name":"Yearbook of Antitrust and Regulatory Studies","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48053609","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
期刊
Yearbook of Antitrust and Regulatory Studies
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
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
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 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 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1