The EU/US Cooperation in the Field of Antitrust Law Enforcement – Some Challenges to Future Cooperation

2010 ◽  
Author(s):  
Charlotte Leskinen
Keyword(s):  
Author(s):  
Ariel Ezrachi

Competition and Antitrust Law: A Very Short Introduction draws on case studies from across the EU and USA to examine the benefits of competition and the laws which safeguard competitive markets. Competitive markets deliver lower prices, better quality, abundance of choice, and increased innovation. But while competition benefits consumers, it can prove challenging for sellers and producers who may try to dampen the competitive process. This VSI elucidates the key challenges to competition — cartels and anti-competitive agreements, monopolies, and mergers — and looks at the policy considerations which affect competition law enforcement. There exists a delicate relationship between a free market economy and government intervention.


2019 ◽  
pp. 90-111 ◽  
Author(s):  
Natalia S. Pavlova ◽  
Andrey Е. Shastitko

The article deals with the problem of determining market boundaries for antitrust law enforcement in the field of telecommunications. An empirical approach has been proposed for determining the product boundaries of the market in the area of mass distribution of messages, taking into account the comparative characteristics of the types and methods of notification (informing) of end users; the possibilities of switching from one way of informing to another, including the evolution of such opportunities under the influence of technological changes; switching between different notification methods. Based on the use of surveys of customers of sending SMS messages, it is shown that the product boundaries should include not only sending messages via SMS, but also e-mail, instant messengers, Push notifications and voice information. The paper illustrates the possibilities of applying the method of critical loss analysis to determining the boundaries of markets based on a mixture of surveys and economic modeling.


2020 ◽  
pp. 102-105
Author(s):  
A. A. Prykhodko

The article analyzes the theoretical and practical aspects of the anti-corruption policy of Ukraine in the context of European integration. Considered that corruption has long been perceived in the EU as a negative phenomenon requiring systematic, strategic and concerted action of a transboundary and transnational character and, in general, a threat to the rule of law. The author concluded that Ukraine will continue to be perceived by a third world country as long as anti-corruption measures are duplicated from one strategic document to another. The anti-corruption strategy of Ukraine should be an early, strategic and systematic tool for the eradication of corruption and the formation of public justice in the context of zero tolerance for such phenomena. Now this is a set of normatively fixed declarative slogans that are consistent with international standards, but are not achievable in practical terms due to the lack of state strategic planning in advance. The new anti-corruption strategy must necessarily include a broad interpretation of all the concepts used in it, including the term “anti-corruption policy”. Taking into account the recommendations of the CIS Interparliamentary Assembly, the author’s vision of the term “anti-corruption policy” has been formed, as a set of principles, tasks, goals and principles of implementation of law-making and law-enforcement activity of public administration within the protection of human and civil rights and freedoms a state implemented by a system of methods, means and measures to combat corruption in priority areas and in accordance with anti-corruption standards and on the basis of transnational national and cross-border cooperation.


2019 ◽  
Vol 3 (1) ◽  
pp. 157-183 ◽  
Author(s):  
Benedita Menezes Queiroz

Counter-terrorism and public security measures have significantly altered EU immigration law. Under the premise that EU instruments which regulate EU immigration databases influence the legal regime of irregularity of migrants’ statuses, the present article argues that the latest developments in the area of data technology contribute to the phenomenon of “crimmigration”. This is so not only because they may generate a sort of “digital illegality” due to their impact on the categorisation of migrants, but also because they enable a conflation of treatment of irregularity, asylum seeking and criminality. This article focuses on the recent amendments and proposals for amendments to the EURODAC Regulation, a database that regulates the asylum fingerprint system in the EU. This is revealing of the ongoing broadening of the purpose of that data and law enforcement access to the collected information. The argument finds its basis in three main trends common to these databases: the erosion of the principle of purpose limitation, the widening of access to data by law enforcement authorities, and the digitalisation of borders through biometrics. Ultimately, this article claims that the level of surveillance of certain categories of migrants that may cross the borders of the EU puts at risk the distinction between illegally staying irregular migrants and criminals, given that the treatment of their personal data is insufficiently clear in practice.


2020 ◽  
pp. 50-58
Author(s):  
Natalia G. Dekhanova ◽  

The article analyzes the regulatory framework. establishing the sta- tus of citizens of the countries of the European Union (EU). The author identifies problems that can become an obstacle in the process of unification of the law regulating labor of migrants in the EU countries. The study identified and analyzed the main problems faced by migrants from EU countries, in particular, migration registration, registration as an individual entrepreneur, access to services in the financial and credit sector and many other areas of activity of labor migrants. The author uses an integrated approach to considering the problems of mi- gration, economic and social nature. A proposal was made on the further development of partnerships between EU member states in the context of a pandemic and the introduction of severe restrictions.


Author(s):  
Ariel Ezrachi

‘The legal framework’ outlines the key competition provisions currently in the US and EU. Like in most other jurisdictions, EU and US laws include competition provisions that are used to address antitrust violations such as anti-competitive agreements or abuse of monopoly power. They also include laws dealing with proposed mergers and acquisitions. The US Antitrust Law prohibits contracts and agreements between two or more individuals or entities in restraint of trade or commerce. Meanwhile, EU competition law prohibits agreements between ‘undertakings’ that have, as their object or effect, the prevention, restriction, or distortion of competition, and affect trade between the EU member states.


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