Türkiye ve Rusya’da Rekabet Politikası ve Rekabet Hukuku

The growth of competition law in recent years has been enormous throughout the world. This development of competition law is certainly influenced by globalization. Also, with the impact of privatization and liberalization in the last decade competition law has turned out to be a major concept in developing economies. Competition law provides the formation and protection of free competition. Modern market economy is the basis of the principle of free competition. Free competition provides an effective utilization of resources, price goes down, saving to reduce costs, find new technologies and their use in production. Desired markets, although a perfect competition market, because of market failures rather than the ideal situation monopolies, cartels can occur. At this stage, competition policies become important because they provide an efficient resource allocation, and constitutes an important element in raising the level of social welfare. Competition in the market without any intervention from inside or outside freely determine in the liberal economic systems is important. Competition law, at this stage, stepped in for the formation and protection of free competition and plays an important role. Competition law is state intervention tool in order to establish and maintain free competition in the economy. Competition laws is seen as the constitution of the economy The aim of this study is to analyze competition law rules is implemented in Turkey and Kazakhstan and to determine differences and similarities. Also Examples of decisions issued by the Turkish competition authority will be presented.

Bork, in the Antitrust Paradox States: 'Only When the Issues of the Goals [Of Anti Trust Law] Has Been Settled is it Possible to Frame a Coherent Body of Substantive Rules' - Discuss with Respect to the Goals of United States and European Union Competition Law

Part One Introduction 1 Introduction and Framework for Analysis I. Introduction II. General Approach to the Interrelationship between Competition and Public Procurement Law III. Aim of the Study IV. Structure of the Study and General Overview V. Methodology: An Eclectic and Heuristic Multi-Disciplinary and Functional Approach to EU Law VI. Normative Assumptions VII. Delimitation of the Study: Exclusions and Limitations Part Two Foundations and Principles: The Economic and Legal Basics of Public Procurement and Competition Law 2 An Economic Approach to Public Procurement and Competition I. Introduction II. Types of 'Public Procurement Markets' III. Economic Dimensions of Public Procurement IV. The Role of Public Authorities as Purchasing and Contracting Authorities V. Public Procurement as a Market Failure: Difficulties in Recreating a Competitive Scenario and Competition- Restricting Effects 60 VI. Conclusions to this Chapter 3 Basics of Competition and Public Procurement Regulation I. Introduction II. Principles Common to Competition and Public Procurement Law as Two Sets of Economic Regulation III. The Goal(s) of Competition Law IV. Goals of Public Procurement V. Conclusions to this Chapter: Common Goals of Competition Law and Public Procurement Conclusions to Part Two: Legal and Economic Normative Foundations of a More Competition-Oriented Public Procurement System Part Three General Part: The Building Blocks of a Framework for the Competition Analysis of Public Procurement 4 EU Competition Law and Public Procurement: The Inability of EU Competition Rules to Rein in Anti-Competitive Public Procurement I. Introduction II. The Inability of Rules on the Grant of State Aid and Special or Exclusive Rights to Tackle Anti-Competitive Public Procurement III. The Inapplicability of 'Core' EU Antitrust Rules to Public Procurement: A Jurisprudentially Created Gap in EU Competition Law IV. The Insufficiency of State Action Doctrine to Capture Most of the Anti-Competitive Public Procurement Regulations and Practices V. Preliminary Conclusions: The Insufficiency of Current Competition Institutions and Potential Improvements to Achieve Better Results VI. A Revision of Current Doctrine to Achieve Better Results (1): A More Economic Approach to the Concept of 'Economic Activity' in the Public Procurement Field VII. A Revision of Current Doctrine to Achieve Better Results (2): Setting the Proper Bounds to the State Action Doctrine VIII. Conclusions to this Chapter 5 The Principle of Competition Embedded in the EU Public Procurement Directives I. Introduction II. The Competition Principle Embedded in the pre-2014 EU Public Procurement Directives III. The Principle of Competition Consolidated in Article 18(1) of Directive 2014/24: A Critical Assessment of the Interpretative Difficulties it Creates IV. Implications of the Competition Principle for the Shaping of Public Procurement Rules by Member States: The General Obligation to Develop a Pro-Competitive Public Procurement Framework V. The Principle of Equal Treatment and the Principle of Competition Distinguished VI. Conclusions to this Chapter Part Four Analysis of Competition Distortions Caused by Public Procurement 6 A Critical Assessment of the 2014 EU Public Procurement Directives and the Existing Case Law from a Competition Perspective: Preventing Competitive Distortions by the Public Buyer I. Introduction II. A Competition Appraisal of Potential Distortions Derived from Public Procurement Processes III. Two Examples of Potential Distortions Derived from the Exercise of Public Entities' Market Power IV. Conclusions to this Chapter 7 Complementary Proposals for the Development of a More Competition-Oriented Public Procurement Framework I. Introduction II. Complementary Proposals Aimed at Limiting Publicly Created Restraints of Competition III. Complementary Proposals Aimed at Limiting Privately Created Restraints of Competition IV. Complementary Measures Aimed, in General, at Strengthening the Relationships between Competition and Procurement Authorities V. Conclusions to this Chapter Part V General Conclusions 8 Conclusions: Towards a More Competition-Oriented Procurement System References

The objectives of competition policy and the application of competition law need defining and redefining along with changing structures of the economy and the maturing of the competition authority. Market structures associated with digital technology and globalization are often not in consonance with the prevalent law framed in economic analysis of traditional product markets. Antitrust interventions by the competition authorities are caught in a bind as was the case with the Competition Commission of India and the Competition Act, 2002. The emphasis on monopolistic competition, or on oligopolistic markets, as anti-competitive, which marked the earlier days of implementation of competition laws, is at variance with the prevalent monopolistic structures of platform markets or technology firms and the market for ideas. Competition authorities are grappling with identifying anti-competitive activities of these markets which tip towards monopolistic structures. In the process there has been a churning of possible diverse antitrust abuses and, as competition law grapples to incorporate these new market structures, there is another churn that is slowly emerging as a major concern — that of convergence of competition policy and public interest. This is an area in antitrust literature which is yet to receive sufficient attention. The core of antitrust intervention — that competition benefits consumers — is undisputed and perhaps axiomatic but what is not axiomatic is that monopolistic market structures can also lead to enhancing public welfare. Emergent trends towards monopolistic markets suggest a rethink of competition policy and law and their convergence for public interest. The focus of this article is on the importance of convergence of competition policy, competition law and public interest in new and emergent markets. It raises questions: Is there convergence or divergence between policy and law and public interest? What is public interest? Do consumers represent public interest and, if so, which set of consumers? Are innovation and technological development, which are part of public interest, also in the ambit of competition policy or are they in the realm of competition law? This is another question which has become acute in recent times. In India and the BRICS group, where usage of internet on smart phones is high, the convergence between competition policy, law and public interest suggests antitrust intervention is guided by public interest.

Practical Guide to Applying Behavioral Economics To Competition Policy and Law In Developing Economies

The Interface of Competition and Intellectual Property Law – Taking Stock and Identifying New Challenges

Diminishing Enforcement: Negative Effects for Deterrence of Mistaken Settlements and Misguided Competition Promotion and Advocacy

For a competition agency to be visible and successful, it needs a face and a voice that are known and recognised beyond its remit as an authority in competition advocacy and sound economic judgement. Until not so very recently, it would have been unusual for the President of a national competition authority in the European Union (EU) to be well known beyond its jurisdiction. An exception to this rule—in the past—may have been the case of Italy, where a former Prime Minister was appointed as President of the authority in 1994. But even a number of years later, it would have been rare for competition law practitioners in a given country to be acquainted with the policies of other national competition authorities, let alone their staff. With the installation of the International and the European Competition Networks, this has now changed and this is, in particular, the merit of a small number of very well-known and charismatic personalities at the top of these agencies. One of these outstanding competition chiefs is Prof. Jacques Steenbergen, the President of the Belgian competition authority. He has now turned 65, and for this occasion, his friends and colleagues have put together an impressive Festschrift, which is called Mundi et Europae Civis. In recognition of Steenbergen’s exemplary professional track record as a leading academic, a private practitioner, a legal secretary at the European Court of Justice, and from 2007 onwards as the head of the Belgian competition authority, a further subtitle of the book in 21st century parlance could have been: Curriculum portarum versatilium. The 19 pages of bibliography collating the publications of Jacques Steenbergen place on record that competition law practice should not be isolated from other legal disciplines. Jacques Steenbergen has contributed articles on topics as varied as corporate restructuring, product liability, consumer protection, foreign trade law, constitutional law as well as on all aspects of Belgian and EU competition law. With hindsight, an article published in 1984 sounds almost prophetic: ‘The Court of Justice and governance in an Economic Crisis’, which Steenbergen co-authored with Mertens de Wilmars, the then President of the European Court of Justice. In the last almost 10 years of his professional career as the head of the Belgian competition authority, Steenbergen has been instrumental in making this authority an important hub in the network of European competition authorities, always somewhat of a primus inter pares given it’s not only geographic proximity to the European Commission. Three contributions in the Liber Amicorum authored by Bruno Lasserre, Andreas Mundt, and Wouter Wils are dedicated to this topic. There are further contributions on the institutional role of a national competition authority by Roger Witcomb on the situation in the United Kingdom as well as by Chris Fonteijn and Annetje Ottow on the independence of competition authorities from a global and from a Dutch perspective. The book provides an excellent panopticum of most of the current topics around competition policy and practice as well as other key issues on the EU political agenda such as political governance in the Euro crisis (contribution by Frans Vanistendael) and of the challenges of a new trade policy (contribution by Hugo Paemen). Other articles cover issues of procedure such as the contribution by Koen Lenaerts on the interplay between regulation number 1049/2001 and competition law-specific rules on access to documents alongside the contribution by Piet Van Nuffel on whether confidential business information enjoy the specific protection of a fundamental right. The book takes a keen interest in the prospective development of competition policy and practice into new areas of the law such as the inter relationship between sustainable development and competition law (articles by Jan Wouters/Laura Beke, David D’Hollander/ Kolja Raube, and Rene Smits). The book is rich in linguistic variety with articles in English, in French, and also in the Dutch language. It is an important source of reference and an ideal lectuur for a relaxing yet edifying extended weekend in the Hautes Fagnes.

Fostering Competition Law and Policy: A Facade of Taiwan's Political Economy

This chapter will review competition policy and law (CPL) in ASEAN and provide some lessons for improving legal technical assistance (LTA) on CPL to ASEAN and intensifying intra-ASEAN cooperation in competition law enforcement. In 2021 Cambodia finally enacted its competition law and all ASEAN Member States have established respective competition law regimes. While they share various common features in the texts of the laws, the degree of implementation varies. The independence of competition authorities is one of the underlying causes of this difference and the lack of enforcement resources and expertise is crucial, particularly for CLMV Countries. The chapter will propose Japan Fair Trade Commission to extend LTA based on its experiences of the Antimonopoly Act enforcement for 75 years. Intra-ASEAN cooperation on CPL could support the efforts by young competition authorities in CLMV Countries to implement respective competition laws and coordinate enforcement activities to address anticompetitive mergers and other practices with regional dimension. In this context, the chapter will also examine the future developments of ASEAN-wide CPL, comparing with EU competition law and its institution.

Independence in Competition Policy and Enforcement

Effective enforcement of competition laws on a global scale is a prerequisite for open economies, fair trading conditions, and level playing fields, and ultimately, inclusive economic development for improved and better lives. Improving enforcement co-operation between competition authorities has been a priority for the Organization for Economic Co-Operation and Development, United Nations Conference on Trade and Development, and International Competition Network for many years. This article argues that there is increased scope for competition authorities in Africa to effectively regulate cross-border cartel activities under the Africa Continental Free Trade Area (AfCFTA). It is recognized that for the AfCFTA to meet its general objectives under Article 3 of the AfCFTA framework agreement, States Parties must develop a framework on competition policy which is part of the second phase of the negotiations that will culminate into a Protocol on Competition Policy. Following a review of competition policies and laws of selected African countries in Southern African Development Community, East African Community, Economic Community of West African States, and Common Market for Eastern and Southern Africa, this article suggests an appropriate competition law and policy for Africa, particularly one that will enhance capability to combat cross-border cartels.

Contents: Introduction Mor Bakhoum PART I: PROMISES AND CHALLENGES IN IMPLEMENTING REGIONAL COMPETITION POLICY REGIMES 1. The Harmonization of ASEAN: Competition Laws and Policy from an Economic Integration Perspective Lawan Thanadsillapakul 2. Competition Law and Policy in the Framework of ASEAN Anthony Amunategui Abad 3. Southern African Development Community (SADC) Regional Competition Policy Gladmore Mamhare 4. Competition Policy in SADC: A South African Perspective Kasturi Moodaliyar PART II: INSTITUTIONAL COHERENCE, REGIONAL INTEGRATION AND COMPETITION POLICY 5. Institutional Coherence and Effectiveness of a Regional Competition Policy: The Case of the West African Economic and Monetary Union (WAEMU) Mor Bakhoum and Julia Molestina 6. Regional Integration and Competition Policy in the Economic Community of West African States (ECOWAS) Region Mbissane Ngom 7. Andean Competition Law: Looking for the Private Sector, or the Quest for the Missing Link in Antitrust Javier Cortazar PART III: ECONOMIC STRUCTURE, REGIONAL INTEGRATION AND COMPETITION LAW ENFORCEMENT 8. Regional Integration in the Caribbean: The Role of Competition Policy Taimoon Stewart 9. Implementing Effective Competition Policy through Regional Trade Agreements: The Case of CARICOM Delroy S. Beckford 10. The COMESA Regional Competition Regulations George K. Lipimile PART IV: THE DEVELOPMENT DIMENSION OF REGIONAL INTEGRATION AND COMPETITION POLICY 11. Economic Integration and Competition Law in Developing Countries Josef Drexl 12. Regionalization, Development and Competition Law: Exploring the Political Dimension David J. Gerber 13. Competition, Development and Regional Integration: In Search of a Competition Law Fit for Developing Countries Eleanor M. Fox 14. Regional Agreements of Developing Jurisdictions: Unleashing the Potential Michal S. Gal and Inbal Faibish Wassmer Index

Demonstrates that competition policy has a sizeable impact on gross domestic product (GDP) growth and important redistributive effect. Competition policy indicates the enforcement of competition policy legislation covering the prohibition of cartels and the control of mergers; the strength of the European Commission’s competition policy emerges from the number and importance of its interventions in these areas. Competition policy interventions, such as lowering prices and increasing the quality and variety of products, prove particularly beneficial for the poorest in the society. Competition policy interventions increase output and raise demand for the factors of productions (capital, labor); the combination of price decline and the higher wages associated with increased labor demand and higher labor productivity yields an increase in consumption. Pro-competition policies have important redistributive effects because, while they boost the demand for all types of workers, they significantly reduce profits destined for non-liquidity-constrained households.

Competition policy is a strong building block foundation of market economies. Development of competition policies in South East Europe (SEE) aims at creating a level playing field for investment, which is of major importance for the economic progress of the countries in the region. In 2001, a comprehensive programme for building capacities of SEE competition authorities was launched as a contribution to stability, sustainable growth and welfare in the region. Funded by the South East Europe Compact for Reform, Investment, Integrity and Growth, it was organised by the OECD Competition Division in partnership with the competition authorities of Bulgaria, Former Yugoslav Republic of Macedonia, and Slovenia. The long-term objectives of the programme were to strengthen national competition authorities of the region as law enforcers and advocates for economic reform based on competition principles. A major objective was also to support the establishment of intra-regional co-operation in the competition policy area. This concluding report draws on the experiences and the documentation produced by the representatives of SEE competition authorities, and provides an overview of the competition regimes in the SEE countries.