Competition Law Enforcement Research Articles

The Importance of China's Competition Law in the Management of Data in the Country's Rapidly Developing Digital Economy: Policy Recommendations for Pakistan

With the expansion of the digital economy and the rising importance of data, organizations are under more regulatory scrutiny over the collection, use, and sharing of data. Antitrust and competition authorities and governments worldwide are now evaluating and deliberating on the applicability and suitability of antitrust and competition laws in addressing data-related issues, notably within the digital economy. Parallel ideas and concerns are also gaining prominence in China. China has not only been enhancing its legislative framework to govern and facilitate state control over data, but it has also significantly strengthened regulatory oversight and control over Internet and technology firms. Competition legislation has prominently featured in China's governmental efforts to suppress the Internet and technology industries. Regulatory competition in the post-industrial digital economy is examined. Regulatory competition is achieved through neo-protectionism, which aims to boost social and economic development and growth by creating new comparative advantages in the digital economy. Innovative, digital, and information Neo-protectionism has emerged as a key aspect of international economic strategy for nations that lead its implementation. This article examines how China's competition laws may regulate Internet and technology companies' data and behavior. By analyzing China's data regulatory structure and competition rules, including political and economic aspects, this is achieved. China's political economy and competition rules consider many interests, aims, and priorities. Concerns that other nations may not associate with competition law may be included. China's macroeconomic monitoring guides competition law enforcement.

Article: Public Compensation for Private Harm: Fair Funds for Consumer Competition Law Redress

This paper discusses the use of the concept of Fair Funds for consumer competition law enforcement from an EU perspective. With such Fair Funds, the US Securities and Exchange Commission distributes collected fines and disgorged profits to compensate victims of securities law violations. The paper explains the use of Fair Funds in US law, highlights similarities, and adapts the concept for use in European competition law enforcement. It places an emphasis on the usefulness of such a concept against the role of consumers, but the conclusions can equally be drawn for small and medium enterprises’ private enforcement or private enforcement of competition law in general. It shows the advantages and disadvantages of including a system of Fair Funds. The paper argues that Fair Funds can serve as an alternative form of compensation, particularly for large groups of individual victims harmed in a small amount, such as consumers, with that overcome the lack of a harmonized collective redress system on EU level, and improve the coordination between public and private enforcement. private enforcement, consumers, collective redress, damages, compensation, fines, disgorgement, US, EU, financial law

Factual Predictability in Competition Law Enforcement: Rules versus Standards

Factual Predictability in Competition Law Enforcement: Rules versus Standards

Sport governance and EU law

The Times They Are A-Changin': At last, change is a reality for sport governance in Europe, due to the resolute approach of the CJEU in recent high-profile "sport" cases. This article highlights key points from the three judgments of 21 December, 2023 and underlines some of the cardinal points of ongoing cases related to EU law applied to sport, and, particularly in sport governance. In short, through t h e orthodox enforcement of competition law and fundamental freedoms (and likely also fundamental rights in the near future), the CJEU imposes a strong democratic control on sports regulators. National courts - r e centred of the game by the ISU ruling and guided by the Antwerp ruling - have the task of making this control fully effective. In short, no more "sports washing."

Economic Evidence, Standard of Proof and Use of Presumptions in EU Competition Law Enforcement: A Slowly Evolving Trade-Off

Economic Evidence, Standard of Proof and Use of Presumptions in EU Competition Law Enforcement: A Slowly Evolving Trade-Off

Judicial Interpretation and Competition Law Enforcement: Authoritarian Legal Culture, Semantic Dissonance and Skewed Agencification in Post-Socialist Croatia

Abstract This article argues that more than thirty years after democratic and economic transition, the legacy of authoritarian legal culture in post-socialist EU Member States limits the effectiveness of competition law enforcement. Concentrating on Croatia but mindful of the experience of other Central and East European countries that acceded to the EU in 2004 and 2007, we show examples of post-accession case law illustrative of excessive judicial formalism and disassociation between the legal norm and its socio-economic context in judicial interpretation. Also, we explain how the excessively stringent legal standard of proof for cartel agreements, established by Croatian courts post-accession, indicates an incomplete semantic alignment with EU competition rules. Furthermore, we discuss the difference in legal cultures between the judiciary and the competition authority by using the notion of “skewed agencification” and show how slow reception of EU competition law standards by the judiciary adversely impacts the enforcement of competition rules.

Sped-Pro: The Impact of Rule-of-Law Backsliding on the Enforcement of (EU) Competition Law

Abstract The Sped-Pro judgment concerns an action for annulment of an EU Commission decision rejecting a complaint alleging the abuse of a dominant position by the Polish state-owned railway company PKP Cargo. In this judgment, the General Court for the first time established a direct link between systematic deficiencies in the legal order of a Member State and the ability of its competition authority to investigate and take enforcement action under EU law. The General Court addressed issues of the rule of law as an element of effective competition law enforcement and the case allocation principles between the Commission and National Competition Authorities (NCAs) under the decentralised enforcement system of Regulation 1/2003. The General Court now requires the Commission to examine, when handling complaints, whether an NCA can actually enforce EU law effectively.

Doctrinal Effect: Implikasi Yuridiksi Ekstrateritorial Hukum Persaingan Usaha

The Effects Doctrine creates an important basis for the application of local law outside of its territory. It reflects the understanding that in this day and age, actions taken in one jurisdiction can significantly affect other jurisdictions. The use of competition law extraterritorial jurisdiction, based on the effects doctrine, has long been debated. The purpose of this study is to discuss the application of extraterritorial jurisdiction to competition law in Indonesia. This research uses the normative juridical method to analyze legal norms and principles. The approaches used include statutory approach, comparative law approach, and case approach. The result of this research is that regulations regarding the prohibition of monopolistic practices and unfair business competition have not explicitly regulated extraterritorial norms in Indonesia. However, the Business Competition Supervisory Commission made a legal breakthrough by applying the extraterritorial principle to resolve the involvement of foreign business actors and impose sanctions on them. This article argues that Indonesia significantly needs to amend its competition law and increase cooperation with other countries to enforce competition law.

Assessing Antitrust Damages in Follow-On Actions Against Cartels

AbstractAssessing damages in follow-on actions against cartels that have infringed EU or domestic antitrust law is still in its infancy in Europe. This Article highlights the reasons why this issue has only recently started reaching the courts and analyses the pitfalls and problems courts face when calculating or estimating the amount of loss caused by a cartel to individual plaintiffs. As this endeavour raises complex economic questions, the Article outlines the basic economic approaches to measure antitrust harm and derives general principles from EU law on how courts should deal with economic evidence in follow-on actions to ensure an effective enforcement of competition law.

The Role of Competition Law in Encouraging Innovation and Competitiveness of Companies in West Java

This study explores the complex relationships that exist between innovation, competitiveness, and competition legislation in West Java, Indonesian businesses. West Java's varied industrial landscape makes it a perfect place to study how competition legislation influences creativity and competitiveness. Using a mixed-method approach, the study combines survey data that is quantitatively collected with qualitative information obtained through interviews. The results show that a sizable majority of West Javan businesses have a favorable opinion of competition legislation and see it as a tool for ensuring openness and fair competition. Notably, a significant fraction of these businesses also devote a notable amount of their resources to research and development (R&D) and actively participate in innovation activities. According to the survey's findings, firms may be encouraged to invest in innovation by competition laws that are properly implemented, which is consistent with neoclassical economic theory. In spite of the favorable attitudes and investments in innovation, there are differences amongst West Javan enterprises in competitiveness metrics like market share and profitability. This highlights the intricate connection—which varies depending on the sector and industry—between company competitiveness and competition legislation. Qualitative insights gleaned from interviews shed light on the dynamics and obstacles unique to the industry, highlighting the necessity of customized strategies for competition law enforcement. The paper also outlines obstacles, including a lack of knowledge about competition law among enterprises, resource limitations that regulatory bodies must deal with, and worries about intellectual property protection in very competitive markets. These results highlight the need of raising awareness and developing capacity among regulatory agencies as well as businesses. The research has consequences for policymaking as well, pointing to the need for programs to raise business understanding, provide funding to regulatory bodies, and create safeguards for intellectual property rights. The study adds to our knowledge of how competition legislation affects corporate behavior and offers insightful information that can guide regulatory strategies in developing nations like West Java.

Reflections on the intersection between economic and legal measures of pass-on in the context of competition litigation

The right to compensatory damages and the principle of effectiveness are important legal principles shaping the private enforcement of competition law across the UK and EU. However, the issue of pass-on of loss gives rise to potential tensions in the application of these principles. Where the effect of an infringement is passed on and dissipates broadly across the downstream economy, courts are left with a choice between over-compensating a direct claimant (who has passed on all or some of an overcharge) or waiting for a nebulous group of downstream claims (by final consumers) that may not materialize. Pass-on also creates problems of consistency between claims at different levels of the same value chain in which different information may be available, different methods of calculating loss may be applied, and different answers reached. This article provides some economic reflections on these challenges. It concludes that there is no single economic framework or methodology available that avoids these tensions, and procedural innovations that allow multiple levels of the value chain to be considered in a single process are likely to be needed if the principles of compensation and effectiveness are going to continue to be applied.

데이터베이스 이용제한 행위에 대한 경쟁법 적용

In a data-driven economy, companies (esp. platform companies) with large amounts of data can use it to gain competitive advantages, such as product and service innovation and improvements. However, when big data is concentrated in the hands of a few companies, new entrants may find it difficult to enter the market or, if they do, to compete. It is legal for companies to collect significant amounts of data and to manage and control it. However, the issue of misuse of data to increase entry costs and extend market power is being debated in various countries around the world on the need for regulation at the competition law. This study will introduce the Canadian Competition Bureau's Intellectual Property Enforcement Guidelines (the “IP Guidelines”) and the case of the Toronto Real Estate Board's (the “TREB”) restrictions on the use of a real estate database in the Toronto area, which addressed whether the restrictions constituted an abuse of market power under Canadian competition law(the “Case”).
 The case has been a long-running legal battle that began in 2011 with an investigation by the Canadian Competition Bureau and concluded in 2018 with a decision by the Supreme Court of Canada. As such, it is considered to be a precedent-setting case in the context of determining abuses of market power in relation to database restrictions. Recently, the Korea Fair Trade Commission also imposed a corrective order and a fine on NAVER for the act of preventing a third party (a competitor such as Kakao) from providing real estate listing information provided by NAVER through a contract with a real estate information provider. The case contains many similar legal issues to the NAVER case and is worthy of comparison and analysis. This study draws implications for Korean competition law enforcement through foreign regulations and case studies on platform operators' data access restriction.

Abuse of Dominant Position in the Realm of the Professional Sports Industry

The abuse of dominant position by sports regulators is a concerning issue that can significantly impact the integrity and fairness of sports competitions. Sports regulators, who are entrusted with maintaining the balance and promoting fair play within the industry, may sometimes exploit their authority to gain an unfair advantage or control over certain aspects of the sports landscape. When sports regulators abuse their dominant position, several detrimental consequences may arise.Competition law plays a crucial role in ensuring a fair and open market, free from anti-competitive practices. In recent years, there has been increasing attention towards applying competition law principles to oversee the actions of sports regulating bodies. This article aims to explore the potential of competition law in preventing sports governing organizations from abusing their monopoly power. It is imperative that the sports industry and the sports regulator function in an anti-competitive manner and avoid abuse of the powers instilled in them. It delves into suitable legal frameworks, examines relevant cases, and discusses the impact of enforcing competition law within the sports industry. The results highlight the significance of competition laws in fostering equitable competition, safeguarding athletes’ rights, and sustaining a dynamic and competitive sports landscape.

From ChatGPT to China’ Sci-Tech: Implications for Chinese Higher Education

Abstract The advent of transformative technologies, such as OpenAI’s ChatGPT, a natural language processing tool, significantly impacts the future of education, society, and the economy. Drawing on the theory of knowledge socialism and public goods, this paper critically examines the potential impact of ChatGPT in the context of China’s high-tech development and higher education. We believe these technologies resonate with the principles of knowledge socialism by promoting decentralization, openness, and collective intelligence and are poised to reshape the education sector and beyond. The non-competitive and non-exclusive nature of ChatGPT makes it a public good with significant social benefits. In the educational domain, it has the potential to revolutionize teaching and learning by providing students with convenient, personalized learning experiences, real-time feedback, and multilingual support. However, despite its benefits, educators, and users must work to overcome its limitations, such as limited expertise, language understanding, reasoning skills, and potential risks associated with privacy, security, and misinformation. This article discusses the need to prepare students for a future heavily impacted by ai, which requires a reassessment of digital literacy and competencies. Doing so would require leveraging ai tools and promoting human-centered approaches, developing higher-order thinking skills, emphasizing emotional education, and teaching academic ethics. In addition, introducing ai tools like ChatGPT in higher education requires regulation to prevent plagiarism and improve independent problem-solving. This paper further explores the impact of ChatGPT on China’s technological development. The global attention attracted by ChatGPT has stimulated the growth of the ai industry and prompted the emergence of domestic products and applications in countries such as China. It is critical to harmonize the enforcement of competition laws and capitalize on the contributions of sizable enterprises in the realm of technological innovation and research.

Corporate criminals in a market context: enforcement and optimal sanctions

By combining approaches from the economic theory of crime and of industrial organization, this paper analyzes optimal enforcement for three different forms of corporate misconduct that harm competition. The analysis shows why corporate crime is more harmful in large markets, why governments have a disinclination to sanction firms whose crime materializes abroad, and why leniency for those who self-report their crime is a complement, and not a substitute, to independent investigation and enforcement. As public authorities rely increasingly on self-reporting by companies to detect cartels, the number of leniency applications is likely to decline, and this is borne out by data. Upon a review of 50 cases of corporate liability from five European countries, competition law enforcement, governed by a unified legal regime, is more efficient than enforcement in bribery and money laundering cases, governed by disparate criminal law regimes. Sanction predictability and transparency are higher when governments cooperate closely with each other in law enforcement, when there are elements of supra-national authority, and when the offense is regulated by a separate legal instrument. Given our results, Europe would benefit from stronger supra-national cooperation in regulation and enforcement of transnational corporate crime, especially for the sake of deterrent penalties against crime committed abroad.

Cultural challenges to competition law enforcement in Latin America

Abstract The internationalization of competition law in recent decades has been very successful. A very large number of jurisdictions have now adopted competition laws and apply them in marked similarity. And yet, at times, these laws, despite the similarity in wording and theory, lead to substantial differences when enforced. Differences in the meaning attributed to various concepts, to the goals of competition laws and to the methods of implementation, may result in inconsistency in the enforcement. The Latin American experience reveals a certain level of mutation process from the model laws through the flexibilization in their competition law enforcement, influenced by their own social values and beliefs, as well as their economic, political, institutional, and legal cultures. These cultural challenges need to be solved internally in each jurisdiction to allow competition law enforcement to further develop. Those jurisdictions where competition law enforcement has evolved the most are those that have adapted their competition laws to their cultural realities, while at the same time learning from the international experience. An interdisciplinary debate, at the local and regional levels, has showed to be an essential tool to help find possible solutions to the different challenges Latin American enforcers face.

Critical Study of Business Competition Supervisory Commission’s Authority in Handling Business Competition Violations

The purpose of this study is to criticize the authority of the Business Competition Supervisory Commission (KPPU) in overcoming and resolving business competition violations. The authority in question is regulated in Law Number 5 of 1999 concerning the Prohibition of Monopoly Practices and Unfair Business Competition (Business Competition Law) jo. Law Number 11 of 2020 concerning Job Creation. According to the provisions of laws and regulations, KPPU acts as an independent state auxilary organ. At the practical level, KPPU exercises the authority to investigate, prosecute, and decide. Normative legal research is used by researchers to answer related problems through a legal approach and a comparative approach with literature study methods. The results showed that the implementation of KPPU's authority in handling business competition violations can be said to be still not optimal. Researchers suggest that the ideal authority policy in handling business competition violations can refer to several countries that have similar business competition law enforcement agencies by making adjustments to business competition conditions in Indonesia.

Competition policy and the labor share

Abstract Recent years have seen intense debate about the causes of the observed decline in the labor share. We extend this inquiry by investigating whether the design and enforcement of competition law and policy are associated with changes in the labor share. Using a panel of 22 industries in 12 OECD economies, we find a positive statistical association between the effectiveness of competition policy and changes in the labor share over the period 1995–2005. This suggests a potential link between the design and effectiveness of competition policy and the labor share, and more broadly to distributional outcomes. Our results reinforce the importance of accounting for country-specific factors, including the design and enforcement of local laws, when examining dynamics in the labor share. The analysis implies that effective competition law and policy could mitigate the decline of the labor share, particularly in settings characterized by low levels of labor protection and limited labor bargaining power. (JEL: E21, E24, E64, J01, J21, K21, L40).

Competition Law Concerns on Cryptocurrencies

Purpose: The purpose of the study is to analyze the regulation of cryptocurrencies within the specific context of Competition Law. The research aims to examine the interrelationship between Competition Law and the blockchain technology that underlies cryptocurrencies. Theoretical framework: Cryptocurrencies is of concern in almost all the jurisdiction across the global and is of great challenge before all the regulators. The acceptance given to cryptocurrencies across various industries and among various countries is steadily increasing. This research paper would analyze on the regulation of cryptocurrencies in specific lines of Competition Law. Design/methodology/approach: The research undertaken is a Doctrinal one. The study mainly depends on the collection of primary and secondary sources from books, journals, websites, case laws and such other sources. This study uses analytical, critical, comparative and other necessary methods to deduce the conclusion and to make out the findings of the study and to provide the suggestions. Findings: The obtained results of the study allowed us to establish that there is a close interrelationship between Competition Law and the technology that operates the cryptocurrency which is the block chain technology. Cryptocurrencies give rise to several common and particular challenges to Competition Law enforcement agencies. They include the jurisdiction issue, market area, network effect, onus of liability, mergers and acquisitions, etc. Research, Practical & Social implications: The paper contributes to the understanding of the regulation of cryptocurrencies, specifically within the context of Competition Law. The paper sheds light on the legal implications of cryptocurrencies and provides insights into their impact on competition in various industries. The findings of this research can inform policymakers, regulators, and legal professionals involved in shaping the regulatory framework for cryptocurrencies. The research paper contributes to fostering a better understanding of the potential impact on market dynamics, consumer protection, and fair business practices. This understanding can promote transparency, trust, and accountability in the use of cryptocurrencies, benefiting both businesses and consumers. Originality/value: The result of the research paper would give possible solutions to the problem faced by the Competition Law enforcement agencies in dealing with cases related to cryptocurrencies.

Enforcement of Competition Law on Digital Platforms – Responsive Modelling for Digitization Challenges under the EU Law

The law of the European Union (hereinafter the “EU") is a complex legal system that builds supranational law on the basis of comparative studies.[1] For the EU the harmonization of law is one of the instruments that ensures the proper functioning of the EU internal market and achieves the idea of perfecting European integration, which has long gone beyond its current geographical boundaries to include the "Third World".[2] Accordingly, the harmonization of competition law is not only an endeavor for EU member states to develop a unified system to ensure effective competition, but it is also a basic tool for countries on the path to EU membership.
 This particular paper is focused on these important issues. It by directing its attention on the root of harmonization of EU competition law enforcement, presents the possibilities of competition enforcement mechanisms legal transfer for digital platforms from one jurisdiction to another based on a comparative method. Therefore, the first research object of the article is the normative and case law trends of the European Union, that ensure the enforcement of fair competition for digital platforms in the continuous process of digitization. On the other hand, the focus is shifted towards the prospects of harmonization of competition law enforcement tools for digital platforms in Georgia.
 
 [1] Vranken M., Fundamentals of European civil law. Blackstone Press, London, 1997, 14.
 [2] The term is used to refer to a country that is not a member of the European Union. Citizens do not enjoy free movement within the EU according to Article 2(5) of EU Regulation 2016/399 (Schengen Code).