Developing nations use contemporary competition laws based on international models for reasons ranging from achieving international legitimacy to achieving domestic economic objectives. Although ...passing such laws gives these nations competition regimes more legitimacy, doing so does not guarantee that their economic goals will be met unless the laws are also effectively implemented. Comparative legal scholarship suggests that effective enforcement requires, among other things, a positive link between the passed laws and the nation's pre-existing legal systems in light of development economics. The globalization of national competition laws, particularly the application of international soft law, is responsible for the existence of modern competition law. Secondly, the competition regimes in Pakistan and China face a number of long-term difficulties, many of which are the product of globalization, which must be addressed as soon as possible. In order to examine the aims and objectives, this study employs qualitative data analysis. The results of this research suggest that for both nations to successfully implement competition law, innovation and unconventionality are required. Although the goal of competition law is to prevent anti-competitive activities and practices by promoting fair and open market competition, this goal is achieved through protecting consumers from businesses' use of unfair business practices. Because of this, the act encourages the formation of agreements that limit and restrict market dominance. In addition, the law specifies how investigations, acquisitions, mergers, penalties, leniency, and other aspects of law enforcement should be handled. As a result, this law can be seen as extremely important for regulating firms while maintaining consumer and producer welfare. It eventually supports economic growth and social justice. As a result, Voluntary adherence to competition law, rules, and regulations is essential since doing so would significantly lower the societal costs of enforcing the law.
Drawing from the economics of two-sided markets, we provide suggestions for the definition of the relevant market in cases involving two-sided platforms, such as media outlets, online intermediaries, ...payment cards companies, and auction houses. We also discuss when a one-sided approach may be harmless and when instead it can potentially lead to a wrong decision. We then show that the current practice of market definition in two-sided markets is only in part consistent with the above suggestions. Divergence between our suggestions and practice is due to the failure to fully incorporate the lessons from the economic theory of two-sided markets, to the desire to be consistent with previous practice, and to the higher data requirements and the higher complexity of empirical analysis in cases involving two-sided platforms. In particular, competition authorities have failed to recognize the crucial difference between two-sided transaction and non-transaction markets and have been misled by the traditional argument that where there is no price, there is no market.
Abstract
Private cartel damages litigation is on the rise in Europe since early 2000. This development has been initiated by the European courts and was supported by various policy initiatives of the ...European Commission, which found its culmination in the implementation of the EU Directive on Antitrust Damages end of 2016. This article explores the impact of this reform process on effective compensation of damaged parties of cartel infringements. For that purpose, we analyse all European cartel cases with a decision date between 2001 and 2015, for which we analyse litigation activity and speed. Overall, we find a substantial reduction of the time until the first settlement (increase in litigation speed) together with a persisting high share of cases being litigated (high litigation activity). This supports the view that the reform not only increased the claimant’s expectation about the amount of damages being awarded but also resulted in an alignment in the expectations of claimants and defendants in the final damages amount, ie the European Commission succeeded in reaching its objective to clarify and harmonize legal concepts across Europe.
Underpricing as Unfair Competition? Ondrejová, Dana
IIC - International Review of Intellectual Property and Competition Law,
2023/1, Volume:
54, Issue:
1
Journal Article
Peer reviewed
This paper deals with the issue of underpricing from the perspective of the law against unfair competition. It points out the intertwining of the private and public branches of competition law and ...the confusion of the purpose of both branches in the decision-making practice of Czech courts when assessing the illegality of underpricing used by a non-dominant competitor. The Czech courts incorrectly adopt the conclusions of the case law of the CJEU on the assessment of the unlawful use of below-cost prices by a dominant competitor to cases where such prices are used by a competitor not in that position. This paper seeks to stimulate debate on the issue under consideration and outline appropriate approaches. The possible sanction of below-cost pricing should first be examined according to whether it is offered by the dominant competitor – if so, the application of antitrust law rules (as a sub-fact of abuse of dominance) is appropriate, while a cumulative sanction under the law against unfair competition is not excluded. If the use of underpricing is committed by a competitor without a dominant market position, then only the unfair competition law sanction is applicable – in the context of the cumulative fulfilment of the conditions of the general unfair competition clause, it is necessary to take into account the extent and duration of the impact on the relevant market, other competitors or customers, whether the application of below-cost prices is accompanied by an intention on the part of the competitor to eliminate competition on the market (or a particular competitor), the nature of the market, and the behaviour of the average consumer on that market (what is the general price level of the goods or services offered at below-cost prices, what is the consumer’s reaction to the price change, what is the substitutability of the goods or services, etc?).
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