Law Commons^™

Introduction Of Competition And Environmental Regulation In The Electricity Sector In Hong Kong, Thomas K. Cheng

Thomas K. Cheng

This article explores both the competition and the environmental aspects of the electricity sector in Hong Kong, and a possible linkage between them.There has been considerable public pressure to liberalize the electricity sector in Hong Kong due to longstanding discontent with the persistently high profit of the sector and a regulatory structure that is widely perceived to be ineffective. In light of the government’s seeming reluctance to pursue liberalization, this article examines an alternative approach – litigation under the recently adopted Competition Ordinance. It assesses the likelihood of success of the strategy and its potential shortfalls. The article proceeds to …

La Cessione Dei Diritti Audiovisivi Del Campionato Di Calcio Di Serie A, Tra Regolazione Procompetitiva E Tutela Della Concorrenza), Federico Ghezzi, Mariateresa Maggiolino

federico ghezzi

In this paper we examine the Italian rules governing the selling of media “premium” rights by the Italian professional Soccer League. These rights are currently commercialized centrally, i.e. by the League itself for a three years period. We argue that in light of technological evolution and convergence, the practice of selling these rights “per platform” and according to a “no single buyer rule” may harm dynamic efficiency. Interplatform distribution exclusivity should thus prevail, unless these rights were to be considered not only significant in terms of audience and advertisement, but as an essential facility for downstream pay-Tv markets. In this …

Una Nueva Generación: ¿Por Qué Las Medianas Empresas Deben Reducir Su Dependencia Bancaria Y Apostar Por El Mav?, John Pineda Galarza

John Pineda Galarza

Se analiza el porque las medianas empresas deben de buscar financiarse a través de métodos alternativos y no solo depender del financiamiento bancario. En ese sentido, se desarrolla la emisión de instrumentos de corto plazo como un mecanismo viable y necesario para las medianas empresas.

On The Public-Law Character Of Competition Law: A Lesson Of Asian Capitalism, Michael Dowdle

Michael Dowdle

This article argues that competition law is best seen as a form of public law – ‘the law that governs the governing of the state – and not as simply a form of private market regulation. It uses the experiences of ‘Asian capitalism’ to show how capitalist economies are in fact much more variegated than the orthodox model of competition law presumes, and that this variegated character demands a form of regulation that is innately political rather than simply technical. Orthodox competition regimes address this complexity by segregating non-standard capitalisms into alternative doctrinal jurisprudences, but this renders conceptually invisible the …

The Rise And Rise Of The One Percent: Getting To Thomas Piketty's Wealth Dystopia, Shi-Ling Hsu

Shi-Ling Hsu

Thomas Piketty's Capital in the Twenty-first Century, which is surely one of the very few economics treatises ever to be a best-seller, has parachuted into an intensely emotional and deeply divisive American debate: the problem of inequality in the United States. Piketty's core argument is that throughout history, the rate of return on private capital has usually exceeded the rate of economic growth, expressed by Piketty as the relation r > g. If true, this relation means that the wealthy class – who are the predominant owners of capital – will grow their wealth faster than economies grow, which …

Una Visión De Futuro: Perspectivas Del Proceso De Fusión De La Bvl Y Cavali, John Pineda Galarza

John Pineda Galarza

Recientemente la Bolsa de Valores de Lima (BVL) y Cavali ICLV suscribieron un acuerdo no vinculante a fin de adelantar un proceso de integración societaria entre ambas mediante la fusión por absorción de Cavali por la BVL. En el presente artículo el autor analiza las posibles ventajas de dicha fusión, y explica las experiencias de otros países donde se han tomado iniciativas similares y con ello los posibles avances en nuevos instrumentos financieros.

A Legal-Historical Review Of The Eu Competition Rules, Anca Daniela Chirita

Anca Daniela Chirita

This article aims to review EU competition rules by undertaking a historical purposive interpretation of the drafting process of the Treaty of Rome. It reveals new insights based on a consideration of several historical archives starting with the Schuman plan, the Founding Treaty establishing the European Coal and Steel Community and the negotiations of the Treaty of Rome. Questions of contemporary relevance are explored, relating to the goals of competition law, the historical distinction between ‘object’ and ‘effect’ under Article 101 TFEU, the possibility of an enforcement gap under Article 102 TFEU, the relationship between unfair competition and the prohibition …

The Basis For Noerr-Pennington Immunity: An Argument Based On Supreme Court Precedent That Federal Antitrust Law Forms The Foundation Of Noerr-Pennington, Not The First Amendment, Michael Pemstein

Michael Pemstein

Under the Noerr-Pennington doctrine defendants are immune from liability for violations of federal antitrust law that result from their efforts to influence the passage or enforcement of laws, even if the laws they advocate for, or their means of advocacy, have anticompetitive effects. Many courts have assumed that the Noerr-Pennington doctrine is based solely on the protections afforded by the First Amendment right to petition and have extended the Noerr-Pennington doctrine to a wide variety of torts outside the antitrust context based on this assumption. This article argues that these courts have failed to recognize that Noerr-Pennington’s protections are …

Eu의 Article 9 동의의결제도 관련 논의의 시사점, Hee-Eun Kim

Hee-Eun Kim

No abstract provided.

An Impossible Reconciliation? Understanding Class-Action Waivers And Arbitration After American Express V. Italian Colors, Kristine A. Bergman

Kristine A Bergman

No abstract provided.

Labor Rights And Free Trade; Social Development Parallel To Economic Development, Hassan Razavi

Hassan Razavi

The trade-based distributional policies have reinforced the issue of social standards in societies and the encroachment of free trade on other international standards particularly the labor standards has linked this matter with the issue of comparative advantage, thus opening the door for claims which are not made in good faith. This research studies the linkage of free trade and social standards under the WTO umbrella and based on justice theories, develop a framework in which the claims for both the protection of human rights and economic growth could be met by developing the idea of parallelism within the current regime …

Class(Ic) Settlement Problems, Curtis E.A. Karnow

Curtis E.A. Karnow

A collection of classic problems in papers filed for preliminary court approval of class action settlements

Barreras A La Competencia Y Libre Concurrencia E Insumos Esenciales, Carlos Mena-Labarthe

Carlos Mena-Labarthe

En la Constitución Mexicana y la Ley Federal de Competencia Económica se establecen facultades para que la autoridad de competencia elimine barreras y regule insumos.

Las investigaciones de mercado son una herramienta adicional que permite obtener una perspectiva integral de los mercados para la corrección de fallas conductuales y estructurales.

Se trata de un procedimiento muy riguroso con plazos establecidos para su ejecución.

Las investigaciones de mercado han resultado exitosas en otras jurisdicciones con una sólida tradición en competencia económica.

Patent Assertion Entities & Privateers: Economic Harms To Innovation And Competition, Robert G. Harris

Robert G Harris

This paper addresses the problems of aggressive rent-seeking activities by patent assertion entities (PAEs) and privateers. Section II explains why aggressive patent assertion is especially problematic in patent thick products and systems (such as computers, smartphones and software), and why technological developments have increased the number and “density” of patent thickets. Section III addresses the fundamental differences in the strategic positions and interests of practicing entities and PAEs, and explains why those differences affect the conduct of PAEs and increase the opportunities for, and economic harm caused by, their rent-seeking conduct and efforts to engage in patent hold-up. Section IV …

Data Scraping And Abuse Of Dominance In Travel Services: Story Of An Antitrust Guerrilla, Valerio Cosimo Romano

Valerio Cosimo Romano

No abstract provided.

New Powers- New Vulnerabilities? A Critical Analysis Of Market Inquiries Performed By Competition Authorities, Tamar Indig, Michal Gal

Michal Gal

In the past two decades the number of jurisdictions which have empowered their Competition Authorities to engage in market inquiries (MIs) has grown substantially. Although jurisdictions differ in the scope and procedure adopted for such studies, they all share an important common trait: attempting to allocate the roots of limited competition in the studied market. Market studies differ from traditional competition law tools in their triggers, range, object, and the level of pro-activity of the Competition Authority. They are not triggered by a suspicion of anti-competitive conduct of specific firm(s), but rather allow the Authority to use a broad prism …

Cartel Detection And Collusion Screening: An Empirical Analysis Of The London Metal Exchange, Danilo Samà

Dr. Danilo Samà

Cartel detection and collusion screening: an empirical analysis of the London Metal Exchange
Author:Dr Danilo Samà (LUISS “Guido Carli” University, Law & Economics LAB)
Abstract:In order to fight collusive behaviors, the best scenario for competition authorities would be the possibility to analyze detailed information on firms’ costs and prices, being the price-cost margin a robust indicator of market power. However, information on firms’ costs is rarely available. In this context, a fascinating technique to detect data manipulation and rigged prices is offered by an odd phenomenon called Benford’s law, otherwise known as First-digit law, which has been successfully …

Essays On Economic Analysis Of Competition Law: Theory And Practice (Ph.D. Dissertation Defence), Dr. Danilo Samà

Dr. Danilo Samà

Essays on economic analysis of competition law: theory and practice
Author:Dr Danilo Samà (LUISS “Guido Carli” University, Law & Economics LAB)
Abstract:The Ph.D. dissertation, submitted to LUISS “Guido Carli” University of Rome in fulfillment of the requirements for the Degree of Doctor of Philosophy in Economic Analysis of Competition Law (XXV cicle), is the result of a scientific research in the field of the economic analysis of competition law developed through academic experiences at the Erasmus Rotterdam University in the Netherlands, the Ghent University in Belgium, the University of Hamburg in Germany and the Toulouse School of Economics in …

Essays On Economic Analysis Of Competition Law: Theory And Practice, Danilo Samà

Dr. Danilo Samà

Essays on economic analysis of competition law: theory and practice
Author:Dr Danilo Samà (LUISS “Guido Carli” University, Law & Economics LAB)
Abstract:The Ph.D. dissertation, submitted to LUISS “Guido Carli” University of Rome in fulfillment of the requirements for the Degree of Doctor of Philosophy in Economic Analysis of Competition Law (XXV cicle), is the result of a scientific research in the field of the economic analysis of competition law developed through academic experiences at the Erasmus Rotterdam University in the Netherlands, the Ghent University in Belgium, the University of Hamburg in Germany and the Toulouse School of Economics …