The present article contains a discussion of several aspects important for the protection of trade secrets. It provides analysis of certain facets of trade secret, definition, for instance, the ...meaning of commercial value of keeping the information secret. This article also views the scope of the duty of an employer to inform his employees about the trade secret status of the respective information and provides a suggestion about interpretation and exemption from this duty. In addition, this article also examines the mental element of infringer as precondition of his liability, as well as the meaning of non-competition agreements between the employers and employees as a tool for protection from trade secret infringements.
The duration of infringements of Articles 101 and 102 TFEU has significant implications on the enforcement of those rules and those subject to enforcement. This article examines the European Court of ...Justice's case law on the assessment of the duration of an infringement of Article 101 TFEU after the conduct constituting the infringement has ended. While earlier case law focused on continuing market conduct corresponding to the original infringing conduct, more recent case law appears to bring forth an approach centred on the restriction of competition resulting from the conduct. The judgment in Kilpailu- ja kuluttajavirasto suggests that a complete assessment of an infringement's duration should consider the scrutinized conduct's restrictive effects on the competition that it distorts. That judgment also suggests that any price effects or other damages suffered by the infringers' customers do not affect the infringement period's length.
A great level of transparency, resulting from data sharing, combined with use of algorithms may lead to mutual control of prices or production control by competitors. Algorithms eliminate elements of ...spontaneity in market and may result in supracompetitive prices. But the collusive effect can also occur even if economic operators do not have this intention. Not always there is an express or implied agreement that fits within the concept of "restriction of competition" as traditionally delimited by European case law in the sense that companies agree to eliminate their independence or freedom to defining their business strategy. In these cases, there may not even have been any concerted practice. In this regard, it unilaterally provokes collusion (higher prices). This makes it difficult to apply article 101 TFEU, since it requires some kind of concerted practice involving the idea of agreement. It is necessary to analyze whether it is possible to reinterpret the rule in such a way as to include the phenomenon of tacit collusion.
Un elevado nivel de transparencia, resultante del intercambio de datos, combinado con la utilización de algoritmos, puede conducir a un control recíproco de los precios o de la producción por parte de los competidores. Los algoritmos eliminan elementos de espontaneidad en el mercado y pueden dar lugar a precios supracompetitivos. Este efecto colusorio puede darse aun cuando los operadores económicos no lo pretendan. No siempre existirá un acuerdo explícito o implícito que encaje en el concepto de «restricción de la competencia» tradicionalmente delimitado por la jurisprudencia europea en el sentido de que las empresas conciertan eliminar su independencia para definir su estrategia empresarial. Puede que ni siquiera haya una práctica concertada. Esto dificulta la aplicación del artículo 101 del TFUE, ya que requiere algún tipo de práctica concertada que implica la idea de contacto, directo o indirecto, entre los participantes. Es necesario analizar la posible reinterpretación de la norma para incluir el fenómeno de la colusión tácita.
The article considers the problems of exemption from criminal liability for restricting competition (Art. 178 of Criminal Code of the Russian Federation). The criminal legislation of Russia and the ...practice of its application in terms of exemption from liability for restriction of competition are analysed. It is thought that the main objectives of the criminal-law prohibitions contained in Chapter 22 of the Criminal Code of the Russian Federation, is to ensure the criminal-legal protection of economic relations, preventing the growth of crimes that threaten the development of financial institutions of the state. Purpose of work: Identify problems of exemption from criminal liability for restricting competition in the modern practice of preliminary investigation and court, and propose ways to improve the criminal law on the exemption from criminal liability for restricting competition. Methods. The methodological basis of the research was the general dialectical method of scientific knowledge, which has a universal character, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, synthesis and description, formally logical. Results. The research revealed the problems of application of the criminal law on the exemption from criminal liability for restriction of competition and suggested ways to improve paragraph 3 of the notes to the Art. 178 of Criminal Code of the Russian Federation, providing for the possibility of exemption from criminal liability for restricting competition.
(Series Information) European Papers - A Journal on Law and Integration, 2018 3(2), 1005-1016 | European Forum Insight of 13 June 2018 | (Table of Contents) I. Introduzione. - II. Il caso. - III. Le ...conclusioni dell'AG Saugmandsgaard Øe. - IV. La sentenza della Corte di giustizia. - V. Le informazioni ingannevoli nel diritto dell'Unione e quale problema rilevante per il diritto della concorrenza. - VI. Conclusioni. | (Abstract) In a recent case (judgment of 23 January 2018, case C-179/16, Hoffmann-La Roche and others), the Court of Justice held that an arrangement put in place between two undertakings marketing two competing products, which concerned the dissemination of misleading information relating to adverse reactions resulting from the use of one of those medicinal products, with a view to reducing competitive pressure, constituted a restriction of competition "by object" for the purposes of Art. 101, para. 1, TFEU. The purpose of this Insight is to provide an analysis of the case, focusing on both the opinion of the Advocate General and the judgment, and to provide further examples that prove that the dissemination of misleading information in the pharmaceutical field has become a competition law problem.
A great level of transparency, resulting from data sharing (exchange of information), combined with use of algorithms may lead to reciprocal price or production control by competitors. Algorithms ...eliminate elements ofspontaneity in market and may result in supracompetitive prices. But the collusive effect can also occur even if economic operators do not have this intention. Not always there is an express or implied agreement that fits within the concept of "restriction of competition", as traditionally delimited by European case law in the sense that companies agree to eliminate their independence or freedom to defining their business strategy. In these cases, there may not even have been any concerted practice; each operator, using specific algorithms, which observe and analyse competitors' historical price data, sets its own prices and determines those of rivals. According to the European Commission, in the context of e-commerce, European retailers are already starting to set their prices on the basis of those set by their competitors, using automatic computer developments. In this way it unilaterally provokes collusion (higher prices). This makes it difficult to apply article 101 TFEU, since it requires some kind of concerted practice involving the idea of agreement. It is necessary to analyse whether it is possible to reinterpret the rule in such a way as to include the phenomenon of tacit collusion.
This article presents the main issues relating to the goals of modern Polish competition law. It examines the relationship between the subject-matter of competition law, its function and its goals. ...It identifies various goals of competition law as well as their acceptance in the legal doctrine and jurisprudence. The study shows that the goals of Polish competition law have always been limited to enhancing efficiency and consumer welfare, with this latter term being understood in a post-Chicago-school fashions, rather than accordingly to its Chicago-school origin. This article shows how an 18-years competition law system, rather accidentally than deliberately, took the best ideas from both the American and the European legal tradition and mix them up into an incoherent, yet workable system of competition protection which is favourable towards efficient operations and, at the same time, safeguards consumers against exploitation and diminished choice
The article is devoted to the influence of European competition law on the application of Polish competition rules by Polish courts. It covers references to EU law that has been made throughout 20 ...years of its history. It aims at identifying various instances where EU law has been invoked to provide Polish competition rules with the actual content as well as different modes of referrals to EU law.
With governmental loose control in the major global economies since 1980s, the integration of industry-finance capital generates group companies. The integration of industry and finance (hereinafter ...as the "IIF") is on the way to gradually become the mainstream of the world. It is needed to reconsider the IIF in light of the current global financial crisis. The IIF expands economic scale and increases efficiency, bringing two challenges in practice: financial risk overlay and anti-competition of the market power. What is more, the formation and abuse of market power will amplify the effect of risk overlay. To mitigate financial risks and protect market competition and to improve the regulation of the IIF, it is needed to improve both financial supervision and anti-monopoly regulation, as both are crucial.
The article explores the issue of protection of competition in economy of Russia through criminal law and fight against monopolistic conduct and restriction of competition. In particular, the article ...sets out and interprets national criminal statutes concerning liability for these unlawful actions. An author analysis touches upon relevant statutes that were operative between 1997 and 2003. PUBLICATION ABSTRACT
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