Competition Issues Research Articles

A Critical Evaluation of India’s Proposed Digital Competition Act

The emergence of digital marketplaces has resulted in considerable changes in the business sector, with new competitors joining the market, offering novel products and services and challenging the supremacy of traditional players. Although digital marketplaces provide a plethora of pro-competitive benefits, they are prone to anti-competitive practices due to characteristics such as significant network effects, high innovation rates and rapidly changing technologies. This has raised concerns about the potential anti-competitive practices and market abuses that could arise in the digital economy, sparking the question of whether the current regulatory framework of the Competition Act 2002 (2002 Act) is effectively addressing the challenges. It is being seen that enterprises (either global or Indian) have been trying to subsidise users to attract them to the network effects by resorting to a series of big losses, which in other words has raised alarms regarding predatory pricing in the market. People may enjoy discounts given by enterprises. While the immediate benefits of these enterprises may appear advantageous, they will adversely affect customers in the long term, especially as customers become increasingly dependent on their services. In this study, the author illustrates how the current legislation can deal with the unique characteristics or requirements of digital marketplaces. The research further puts forth the negative implications of the ex-ante mechanism with case laws and comparative analysis with international jurisdictions. The findings of the study suggest that India should not blindly replicate what other jurisdictions, especially the European Union are pursuing i.e., taking steps towards enacting a separate digital competition law. The implications of this work would be a deliberate analysis of the provisions of the 2002 Act in line with the working of the Competition Commission of India (CCI) to suggest the adequacy of present law in dealing with competition issues in digital marketplaces.

Reduced urgency, fewer options? How the EU influences kin-state politics in contemporary Europe

ABSTRACT Despite centuries of shifting borders, European nations and states still do not perfectly align. Where they do not align, how the kin-state can aid ethnic kin in neighbouring countries may become a fraught issue in party competition. However, we know little about how the EU influences party uses of these kin-state appeals, despite their persistence over time and after EU accession. Using qualitative process tracing for the most different cases of Ireland and Hungary, I find that a country’s deeper relationship with the EU reduces the saliency and intensity of kin-state appeals, although this is contingent on the relevant neighbouring countries also being EU members. This is because proximity to EU membership reduces voter demand for urgent ‘solutions’ to the ethnic kin issue and policy discretion in implementing these solutions.

A qualitative case study of health system barriers and facilitators to living donor kidney transplantation in Canada's most populous province

AbstractPatients with kidney failure need dialysis or a kidney transplant to survive. Living donor kidney transplantation (LDKT) is the best therapeutic option, yet global rates of LDKT have minimally increased, and there are disparities in access. The need for a systems approach to improvement has been highlighted. We aimed to understand what elements of a relatively large health system interact to deliver LDKT and act as facilitators or barriers. This was an exploratory case study of Ontario, the most populous province in Canada that conducts 600–700 kidney transplantations annually, of which ~30% are LDKT. Data collection entailed interviews with multiple stakeholders (n = 37), and document review (n = 29) served as a means of triangulating the data. Data were analyzed using inductive thematic analysis. A multicomponent intervention to facilitate kidney transplantation was simultaneously being conducted which allowed us to capture its impact (EnAKT‐LKD). Eight themes were identified, that were separated into facilitators and barriers. Centralized leadership, directed resource deployment, dynamic communities of practice, and informal collaborations between various elements of the health system were found to facilitate LDKT. Barriers were inadequate donor and patient resources to support equitable access, lengthy and poorly coordinated workups for donors and recipients, and issues of jurisdictional control and competition for resources. The EnAKT‐LKD initiative was described as having boosted resource deployment and collaborative capacity and improved strategic alliances by establishing communities of practice. This case study has identified how individual elements in a health system interact to facilitate and impede the delivery of a therapy to patients.

Efficient Production of 3'-Sialyllactose Using Escherichia coli.

3'-Sialyllactose (3'-SL), a key component of human milk oligosaccharides, provides significant health benefits and immune modulation, and is increasingly used in infant formula and dietary supplements. This study presents a novel approach for the efficient biosynthesis of 3'-SL using Escherichia coli BL21star(DE3)ΔlacZ through genomic integration. We first addressed the issue of metabolic competition by deleting crucial genes, nanA, nanK, nanE, and nanT, that are involved in the degradation of N-acetylneuraminic acid. This strategic gene knockout minimized the flux through competing pathways. The engineered Escherichia coli strain was subsequently transformed with the exogenous genes neuBCA and nST, enabling the de novo synthesis of 3'-SL. A modular metabolic engineering strategy was utilized to optimize the expression of key enzymes within the MSU module, enhancing and balancing the carbon flux distribution. Additionally, a cofactor regeneration strategy was implemented to increase CTP availability, which improved cofactor recycling and fine-tuned the metabolic pathway for maximal 3'-SL production. Transport protein screening was incorporated to further increase the extracellular concentration of 3'-SL, resulting in an unprecedented yield of 56.8 g/L in a 5L bioreactor fermentation, setting a new benchmark in the field.

Hospital Customer Competition Issues are being addressed through Confirmation Factor Analysis on Experiential Marketing, Brand Trust, and Loyalty

Introduction The post-COVID-19 pandemic has caused an epidemiological transition that has pushed the pace of development of the health service system even further. Issues and revolutions in the health service industry have made all health service industry providers compete with each other to get service users with competitive advantages in the potential global health market. The hospital has improved revenue sustainability while promoting quality assurance practices. These healthcare industry managers have become adept at introducing business practices into business operations to increase the market for hospital customers. Exploratory factor analysis on important marketing dimensions such as experiential marketing, brand trust, and patient loyalty is very much needed in the issue of competition in the health service industry in hospitals. Materials and Methods This research was quantitative research with a survey approach to outpatients with a sample size of n=255 patients according to Lemeshow (1997). Identification of loading factor analysis includes experiential marketing variables, brand trust, and loyalty. Data analysis used IBM SPSS Statistics 26 Results The research results showed 1) an important loading factor on the experiential marketing variable is the Think dimension indicator (0.845), 2) an important loading factor on the brand trust variable is the brand characteristic dimension (0.945) and 3) an important loading factor on variable loyalty is Repeat Purchase (0.925) Conclusion Dimension of brand trust is the most important dimension in the issue of competition in the health service industry in hospitals. Strengthening and expanding hospital branding as a promotion strategy to add positive value to the reputation of patient and community services at the hospital.

SMEs’ dependency on large corporations’ technology for sustainability in the United States

Introduction/Background: This study discusses how small and medium-sized firms (SMEs) depend on major corporations for key technology resources that support sustainability initiatives. While SMEs contribute considerably to economic development and innovation, they typically rely on bigger enterprises for access to new technology and market possibilities. This partnership gives SMEs benefits like greater operational efficiency and global market access but also creates obstacles such as budgetary limits and technical reliance. The essay explores techniques for SMEs to effectively exploit new technologies, balancing partnership with larger firms while retaining their autonomy and competitiveness in a quickly shifting business climate focused on sustainability. Materials and Methods: The materials used for this study were sourced from different databases which include scholarly journal articles, reports, and government gazette and policy papers in the areas of business, small and medium scale enterprises, entrepreneurship, management and economics. The inclusive criteria ensured that only those articles that investigated the merits and demerits of SMEs dependence on large corporation were utilised. The review of literature was conducted on 50 documents published between 2009 and 2024. Results: The findings as revealed from the reviewed literature revealed the different merits and demerits of SMEs dependence on large corporation. Case studies of Tesla, Microsoft, Walmart, and Amazon demonstrate the intricate reliance of SMEs on major firms in the United States. Tesla's reliance on SMEs for crucial components like batteries underlines the reciprocal advantages and dangers involved, since SMEs' stability rests on Tesla's performance. Microsoft helps SMEs through initiatives that stimulate innovation and technology adoption, boosting their capabilities. Walmart gives SMEs with access to huge distribution networks, enabling sales growth. Similarly, Amazon's platform gives SMEs tremendous market reach but also brings issues in competitiveness and price. Together, these instances show the potential and challenges SMEs confront in their relationships with bigger enterprises. Discussion: Encouraging supplier growth and enhancing supply chain resilience are vital for establishing a sustainable SME environment. Policymakers may promote SMEs through mentorship programs, financial aid, and tax incentives for partnership with large enterprises. Addressing financial impediments with targeted funding and boosting skills development through collaborations with educational institutions would help SMEs embrace new technology. Additionally, establishing technology-sharing activities and developing a legal framework that supports fair competition are vital. Fostering innovation among SMEs and supporting sustainable practices will eventually boost their competitiveness and contribute to broader economic and environmental goals, benefitting both SMEs and bigger organizations. Conclusion: The reliance of SMEs on big corporations provides noteworthy hurdles and possibilities that require for the adoption of effective government involvement. Through the elimination of financial obstacles, the upgrading of technical skills, the promotion of fair competition, and the encouragement of innovation and sustainability, governments may build a fair climate that enables SMEs to prosper alongside bigger firms. This approach not only allows SMEs access to resources and contemporary technology, but it also stimulates economic variety and creativity, which in turn contributes to continuous development and competitiveness in a dynamic market.

The Influence of the Imperial Examination System on the Phenomenon of Internal Competition in the College Entrance Examination in China, Japan, and South Korea

The imperial examination system, as an important means of selecting officials in ancient China, has undergone thousands of years of evolution. It has not only profoundly influenced China’s history and culture, but also had an undeniable impact on the modern college entrance examination system and the phenomenon of educational competition in China, Japan, and South Korea. The issue of internal competition in the college entrance examination has attracted widespread attention in today’s society. It not only concerns individuals’ educational pressure and quality of life but also poses challenges to the country’s education equity and talent cultivation model. In the context of globalization, the traces of the imperial examination system still affect the college entrance examination systems of these countries to some extent and have received widespread attention. This article analyzes the impact of the imperial examination system on the internal competition in the college entrance examination in China, Japan, and South Korea, and focuses on the universal influence of the imperial examination system on education internal competition worldwide. Based on this, this article proposes the following suggestions: relevant education departments need to consider the integration and innovation of different education models in the context of globalization, to achieve sustainable development of education.

BIMSTEC: BAY OF BENGAL INITIATIVE FOR MULTI-SECTORAL TECHNICAL AND ECONOMIC COOPERATION: SWOT ANALYSIS FROM INDIAN PERSPECTIVES

The Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) is a regional organization comprising seven member states: Bangladesh, Bhutan, India, Myanmar, Nepal, Sri Lanka, and Thailand. Multi-sectoral cooperation can be seen in the case of BIMSTEC, which is the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation. Thus, this paper aims to analyze a comprehensive SWOT analysis of BIMSTEC based on the Indian perspective. They cover India's strategic considerations related to geopolitics, economic cooperation, energy security, and soft power. Finally, the literature review reveals that the tag is inclined towards the advancement of technology, the need for strong institutional frameworks, and competent ways of eradicating economic imbalance among the member nations. Based on the study, it can be concluded that there are inherent opportunities for cooperation within BIMSTEC, but the issues of geopolitical competition, problems with the organization's management, and political unpredictability should be solved. Finally, the paper provides suggestions to make BIMSTEC a more effective organization with a better institutional basis to support members, inclusive growth for the region's people, better connectivity, optimum use of energy resources, and target environmental conservation. Therefore, India has a significant opportunity to ensure turning BIMSTEC into an active and efficient organization, which will help to provide stability, security, and further developments in the South Asian region in the Bay of Bengal.

The green product investment policy of carbon emission reduction on a competition duopoly and dual-channel supply chain

Considering the increasing emphasis on sustainable development, global warming effects have received attention for properly managing enterprise activities such as manufacturing, energy utilisation, resource consumption, and carbon emissions. The effect of greenhouse gases generated by carbon emissions is the most significant. This study develops a dual-channel supply chain system that consists of duopoly manufacturers and two common retailers and investigates the effects of the pricing policy, the decision-maker’s mental accounting, and carbon emission reduction investments on the channel members’ decisions. We conduct a numerical experiment, demonstrating that investments in carbon emissions reduction decrease carbon emissions while enhancing market competitiveness and profitability. This is primarily because customers prefer green products and exhibit higher brand loyalty, which makes them willing to pay premium prices for environmentally friendly products. Additionally, the leader-follower model shows the dominant role of leaders in pricing and investment decisions, while the multichannel structure highlights the importance of channel synergy. This study contributes to the field by examining intra- and inter-channel competition issues among leader-follower channel members within a multi-channel structure. This analysis facilitates practical profit-maximisation decision-making.

Competitiveness of domestic educational services on the international market

It is indicated that Ukraine, as a country that has a large number of effective educational institutions that educate leading specialists in their field, who are currently using their knowledge in projects around the world, should be in the top list of countries for exporting educational services in the world. With the beginning of the anti-terrorist operation in 2014, as well as with the beginning of full-scale military operations in 2022, the development of the export of educational services in Ukraine decreased, and therefore the place of Ukrainian educational services in the international market of educational services decreased as well. The corresponding state of affairs implies the need to develop mechanisms and ways to increase the level of competitiveness of Ukraine in the international market of educational services, which is relevant and requires research. It was noted that on the way to European integration, Ukraine adheres to a number of international standards, actively develops its economy, in particular, in the field of education. The scientific article is devoted to the study of issues of competitiveness of domestic educational services on the international market. The place of domestic educational services in the international market and the dynamics of the development of domestic educational services in the international market are determined. The particularities of the obstacles that currently do not allow the proper development of Ukrainian educational services on the international market of educational services are given. The reasons that stimulate the development of domestic educational services and stimulate the strengthening of the position of domestic educational services on the international market are determined. Features, general characteristics and risks of competitiveness of domestic services and factors influencing the competitiveness of services are determined. The features of the competitiveness of domestic educational services are given, as well as the dynamics of the corresponding competitiveness before and during the legal regime of martial law in Ukraine. The impact of martial law on the development of the competitiveness of domestic educational services is determined; the negative impact of martial law on the competitiveness of domestic educational services and ways to improve the situation are highlighted.

Halal Logistics, Halal Manufacturing, Competitiveness and Halal Organizational Sustainability: A Conceptual Exploration

The Malaysian halal industry, especially in logistics and manufacturing, confronts several challenges due to globalization, including competitiveness issues. As a result, ensuring sustainable competitiveness has become crucial for maintaining compliance with Islamic halal Syariah standards. Preserving the sector's competitive edge while upholding halal management practices is a significant concern for businesses in Malaysia's halal industry. However, many halal companies lack the resources needed to identify the most effective strategies and methods to enhance their performance and competitiveness. This conceptual paper examines the interplay between Halal logistics, Halal manufacturing, competitiveness, and organizational sustainability within the Halal industry. The paper posits that effective integration of Halal logistics and manufacturing practices is not only essential for compliance with religious standards but also for enhancing the competitive advantage and sustainability performance of organizations. By exploring theoretical frameworks and existing literature, this paper highlights the critical role that Halal practices play in driving organizational success and proposes directions for future research in this growing field.

Effectiveness of Law No. 5 of 1999 in Handling Cross-Border Business Competition

This paper examines the issues of business competition in an extraterritorial context and its implications for the authority of the Indonesian Business Competition Supervisory Commission (KPPU). The research focuses on the extent to which the KPPU can enforce its duties beyond the borders of Indonesia, particularly concerning the effective application of Law No. 5 of 1999. Analysis of KPPU's decisions in extraterritorial cases, especially those involving share acquisitions, provides insights into the approaches and solutions adopted. The study aims to foster discussion on the role of KPPU in addressing extraterritorial challenges, along with the application of international cooperation and principles of international law in enforcing competition law. The research findings are expected to offer recommendations to enhance the effectiveness of KPPU's enforcement of competition law in a global context.

The paradox of medical dramas: global aspirations versus realities

SUMMARY Medical dramas such as Grey's Anatomy influence young people's career aspirations, creating unrealistic expectations. This article examines the gap between these portrayals and the reality of medical practice, highlighting challenges such as rigorous training and high stress. Using Italy's ‘numero chiuso’ (‘closed number’) system as a case study, it addresses the global issue of intense competition in medical school admissions. The article advocates for realistic education and better support to prepare future healthcare professionals.

Рынки электрической энергии/мощности и правовые аспекты конкуренции энергосбытовых компаний

Into this publication analyzes the legal implications of operating in electric energy and electric energy markets, competition among energy suppliers. The current condition of the market and its primary stakeholders are examined, and the principal issues and challenges encountered by energy marketing companies in this sector are identified. The study of the electric energy markets and capacity, along with the state of competition between energy supply companies, identifies key trends and problems in this area. The main challenges and limitations faced by organizations in this field are highlighted. The article also examines the impact of government regulation on the activities of energy supply companies and offers recommendations for improving their competitiveness and efficiency. In general, the issue of competition of energy marketing companies is considered, and an example is given that can be conside-red as a restriction of competition in the retail electric energy markets and capacity, conclusions are drawn on the reasons behind the predominant position of certain participants in the electric energy markets and capacity, proposals are made on the legal model of the organization of electric energy (capacity) markets.

The impact of technological cooperation on Russian-Chinese relations: prospects and challenges

The study of technological cooperation between Russia and China is an in-depth analysis of the interrelationships that have developed between the two countries in the field of science and technology. The focus is on ongoing projects and initiatives, such as joint research, which play a key role in the development of both States. The influence of the international situation on these relations is considered as global changes and economic sanctions against Russia can affect the dynamics of cooperation with China. The study also analyzes the challenges that may arise in the development of these ties, including issues of intellectual property and competitiveness in the international arena. An important place is occupied by studying the role of technological exchange in strengthening the strategic partnership between the two countries, as well as its possible geopolitical consequences, such as strengthening the positions of both countries on the world stage, reducing dependence on Western technologies and influencing global supply chains. The study highlights the importance of technology cooperation as a tool to achieve a sustainable and secure future for Russia and China in a changing world order. The article uses methods of qualitative analysis based on data from scientific publications and reports. An important place is given to the interdisciplinary approach, which includes elements of system analysis, economic theory, international relations and political science. The methods used help to investigate the influence of technological factors on the dynamics of Russian-Chinese relations and assess their long-term prospects. Technological cooperation between Russia and China demonstrates great significant potential, despite the existing challenges. The study highlights the impact of political, economic and technological factors, as well as risks such as political instability and cyber threats. Deepening high-tech collaboration opens up new horizons for both countries, allowing knowledge sharing in strategically important sectors such as artificial intelligence and 5G. This study makes an innovative contribution, emphasizing the need to integrate technology and policy solutions. Technological cooperation also contributes to strengthening geopolitical cooperation in the face of sanctions pressure and instability. To achieve long-term success, it is important to develop stable cooperation mechanisms, minimize risks and ensure stability based on trust and joint strategies.

Implied Market Shares and Antitrust Markets as Fuzzy Sets

Market definition is an important aspect of antitrust analysis, but the exercise requires designating each potentially relevant good as either completely in or out of the market. In a market with differentiated goods, this often necessitates making unsatisfactory designations. This article introduces the concept of the antitrust market as a fuzzy set, where each relevant good can have a degree of membership in the market, rather than only the traditional binary in or out designation. A product’s degree of membership in the market is assigned based on its closeness of substitutability to the focal products. We then show how implied market shares can be calculated from a defined fuzzy antitrust market. We illustrate an implementation of these concepts using data from the grocery retail market and demand estimations from prior literature. We also discuss how this concept serves as a middle way between supporters and detractors of market definition, as implied market shares are objects that not only reflect demand substitutability but also allow for the rhetorical benefits of having delineated a market to focus discussion and analysis of competitive issues.

The importance of interregional investment projects in correcting the regional budget deficiency

Subject. This article discusses the issues of efficiency and competitiveness of the regional economy. Objectives. The article aims to analyze the mechanisms for the implementation of interregional investment projects in Russia. Methods. For the study, I used the methods of systems and comparative analyses. Results. The article finds that a set of developed measures aimed at optimizing financial and economic interaction between the regions will contribute to solving the problem of regional budget deficit. In particular, it is necessary to develop and implement methodological recommendations for determining the percentage of regional participation in joint projects and for assessing their effectiveness in terms of influencing regional budgets. Conclusions. It is necessary to create conditions for intensifying public-private partnerships at the regional level.

Where are all the Black girls on TikTok?: Exploring in-group community and (in)visibility through #BlackGirlTikTok

Since the global virality of the ‘Renegade’ dance on TikTok and beyond in 2020, concerns regarding the erasure of Black girls have been noted. This paper extends the conversation by considering how Black girls and teenagers may continue to wrestle with visibility and suppression even within a more intimate in-group community of Black TikTokers. In this paper, we assemble an original corpus of TikTok posts purposively sampled from #BlackGirlTikTok and apply content analysis guided by critical technocultural discourse analysis. Our findings reveal that the dominant discourse on #BlackGirlTikTok focused on embodied self-care (i.e. body and beauty care, health and wellness) and Black popular culture (i.e. audio memes, parlance), constituting a niche community for users to commune. However, despite the nomenclature of the hashtag, the users dominating the community were overtly Black women rather than Black girls or teenagers, thus raising issues of visibility, competition, and suppression within the in-group community.

A Commentary on the Jurisdictional Challenges in the Rand- Dollar Exchange Manipulation "Cartel": Competition Commission of South Africa v Bank of America Merrill Lynch International Designated Activity Company [2023] ZACT 26 (30 March 2023)

Cartels are the most egregious of competition law transgressions, because they entail a concerted effort on the part of cartel members to deliberately distort the market through price fixing, bid rigging, market allocation and constraining the supply of goods and services. Despite efforts by national competition authorities in various countries to combat cartelism, cartels have proved to have long tentacles, often extending beyond borders and morphing into "cross-border cartels". This contribution discusses one of the major challenges that cross-border cartels poses to competition authorities, that of prosecutorial and penal jurisdiction. The note focusses on the "banking cartel" that has been and still is the subject of contentious litigation. In March 2023 the Competition Tribunal (the Tribunal) handed down judgment in the matter of the Competition Commission of South Africa v Bank of America Merrill Lynch International Designated Activity Company [2023] ZACT 26 (30 March 2023). There were several questions in the matter, including the jurisdiction of the South African competition authorities to investigate and prosecute firms not incorporated or operating in South Africa (pure peregrini). The Competition Commission (the Commission) had initiated proceedings in the Tribunal against a host of banks for alleged cartel conduct, and some of the respondent banks raised objections and exceptions relating to the jurisdiction of the South African competition authorities. The note observes that while national competition authorities may have prosecutorial jurisdiction against cross-border cartels, there is still a challenge in enforcing an order where cartels are non-resident in the country. The contribution also notes potential challenges to cartel enforcement on the African continent in light of the establishment of the African Continental Free Trade Area (AfCFTA). Due to the removal of various trade barriers, there is likely to be a rise in cross-border competition issues, including cross-border mergers and cross-border cartels. The note therefore discusses a pertinent issue, that of jurisdiction, which may well be a challenge within the AfCFTA.

The merger-specificity of efficiencies: ensuring consistency of assessment between regulatory concerns, efficiency claims and remedial commitments

Companies pursue mergers and acquisitions as a way to unlock benefits not available to them on a standalone basis. Competition regulators assess such deal rationales both for the purpose of understanding whether a transaction may have detrimental effects on competition and whether any associated benefits may outweigh such concerns. This article analyses the economic rationales that the European Commission has relied on for the assessment of whether efficiency claims are merger-specific and explains how its reasoning also is important for the assessment of any effects the transaction may have on competition. Despite the strict evidentiary standard for merger efficiency claims raising significant obstacles to the success of such claims, demonstrating the merger-specificity of claimed merger efficiencies can therefore nonetheless be valuable as a way to ensure the analytical rigour that may demonstrate that there is no competition issue for any efficiency claim to resolve in the first place or that any such issues can be addressed through appropriate remedies.