Private Competition Research Articles

Tourism-Led Housing Commodification: Transnational Real Estate Networks and State-Permeated Property Investment in Havana, Cuba

ABSTRACT In a context of ever-growing demand for tourism property, this paper scrutinizes emerging forms of tourism-led housing commodification in Havana, Cuba. In 2011, the Cuban property market reopened to investment when the socialist government allowed the sale of private property at prices set in a market environment. We pay attention to the critical role of Cuban migrants, remittance investors and lifestyle elites in commodifying Havana’s historic housing stock and transforming residential property into short-term rentals, hotels, private restaurants and tourist boutiques. We demonstrate how the Cuban government has become an active market facilitator, either by restraining private competition or by encapsulating tourism property investment within broader channels of the state. We conclude that the case of Havana is indicative of broader trends in tourism and hospitality, particularly in the Global South and East. We propose tourism-led housing commodification as a conceptual framework for understanding these broader commonalities.

Dynamics of a discrete-time mixed oligopoly Cournot-type model with three time delays

This paper analyzes a discrete-time Cournot competition model with time delays taking into consideration the dynamics of market interactions involving one public firm and multiple private firms. The model assumes that the production output of the public firm is influenced by the past output levels of the private firms. The output levels of the private firms are affected by the past production outputs of both the public firm and their private competitors. The study identifies two equilibrium states within the nonlinear system: a positive equilibrium and a boundary equilibrium. Through a stability analysis, it is established that the boundary equilibrium is a saddle point. In the absence of time delays, the stability region for the positive equilibrium is determined. The research explores various specific delay scenarios, finding conditions under which the positive equilibrium is asymptotic stability. Additionally, the occurrence of flip and Neimark–Sacker bifurcations are examined. In order to illustrate the complex dynamics, the paper provides a series of numerical examples.

Narodowy Fundusz Zdrowia jako sprawca szkody antymonopolowej

Both in the European Union law and in the Polish national order, there is a comprehensive model of competition protection law enforcement, which includes: public and private competition rules enforcement. Private enforcement is carried out individually by entities aggrieved by the unlawful conduct of other entities by submitting a lawsuit under the Act on Claims for Compensation for Damage Caused by Violation of Competition Law. In compensation proceedings, it is necessary to identify the perpetrator of the antitrust damage. The concept of the perpetrator of antimonopoly damage also covers entities that organize or provide services of general interest without carrying out economic activity. The content of the publication, on the basis of legal regulations, available literature and judicates, is an attempt to answer the questions whether the National Health Fund, as a public entity not oriented towards making a profit, may be qualified as an entrepreneur who is the perpetrator of anti-monopoly damage and is obliged to repair it, and whether a civil court in the compensation proceedings may not qualify the National Health Fund as an entrepreneur that may be the perpetrator of antitrust damage?

PROVING ANTITRUST DAMAGES IN CIVIL PROCEEDINGS – The Compatibility of Serbian Law with Directive 2014/104 –

Private competition law enforcement has been a recent phenomenon in the European Union. In the past, the EU law and member states’ national laws lacked elements that contributed to the preponderance of private enforcement in the United States, such as treble and punitive damages, the procedural right of a damaged party to request discovery of evidence, collective actions, etc. The interest in private enforcement of competition law has gradually increased after Regulation 1/2003 authorised national courts to implement Articles 101 and 102 TFEU, the EU courts established private enforcement principles, and Directive 2014/104 (Antitrust Damages Directive - ADD) laid down rules to facilitate proving competition law violations and damage resulting from them. The US model evidently inspired the EU legislator. At the same time, ADD attempted to balance the private interests of injured parties and the public interest for effective public enforcement. Specific ADD provisions instigated a public debate concerning their reach and alleged confrontation with general legal principles. Even though member states have taken comprehensive measures to implement ADD, national courts need to search for an equilibrium between private and public interests. Therefore, the full effect of Directive 2014/104 is yet to be seen. Private enforcement of competition law in Serbia is still in its initiation phase. The Serbian Competition Protection Act 2009 proclaimed the right of damaged persons to bring actions for damages, even though this right has already existed under the general rules of civil law. The Competition Protection Act failed to stipulate material conditions and procedural rules that would facilitate private enforcement. The Serbian legislator has not yet taken steps to transpose ADD into national law. This paper first analyses the development and principal features of the US and EU private enforcement models. After that it focuses on the ADD provisions expediting evidence collection and damage assessment. The second part of the paper analyses Serbian tort and civil procedure rules relevant to bringing actions for antitrust damages and case law on antitrust damages. The author concludes with proposals for Serbian legislators to harmonise national law with ADD.

Endogenous timing in a mixed duopoly when a public firm supplies its private competitor

ABSTRACT We examine endogenous timing in a quantity setting mixed duopoly where a public firm, in addition to selling a good in the retail market, manufactures an input required to produce this good and supplies it to its private retail competitor. In this setting, the traditional separation between suppliers and retailers fails to hold, a situation commonly observed in many markets. We focus on the case of regulated input prices, which often appear under such circumstances, and consider both an exogenous input price and one optimally chosen by a regulator. The results may be substantially different from those obtained under conventional assumptions about the relationship between suppliers and retailers. In particular, for a wide range of parameter values early simultaneous moves are observed in equilibrium.

Identity Development: Analyzing the Professional Identity of After-school Tutors in China's Competitive Private Education Sector

After-school tutoring has grown rapidly in China, employing millions of tutors. However, little research explores these tutors' professional identity development. This study aims to understand the factors shaping tutors' professional identity in Nanning's private tutoring sector. In-depth semi-structured interviews were conducted with 10 experienced tutors in Nanning selected through purposive sampling. The interview questions explored four dimensions of professional identity and influencing factors. Transcripts were analyzed using qualitative coding techniques. Major Findings show that Tutors' professional identity is shaped by their values, academic background, relationships, and work context. Passion for teaching competes with business priorities. Role confusion and lack of belonging challenge identity. Clear expectations, training, and institutional support are needed. The study concludes that by analyzing tutors' identity formation, this study provides insights into strengthening the tutoring profession. Regular training programs, positive student-tutor relationships, and a supportive work environment can enhance tutors' professional identity. Findings inform policies on tutor development in China's expanding private tutoring industry.

New books & media

Quantum Field Theory, as Simply as PossibleSection:ChooseTop of pageQuantum Field Theory, as ... <<Seeing Science: The Art o...Astrotopia: The Dangerous...Quantum Field Theory, as Simply as Possible, A. Zee, Princeton U. Press, 2023, $39.95Countless books aim to explain quantum mechanics to a lay audience, but few authors have attempted to present a popular introduction to quantum field theory, the mathematical framework linking quantum mechanics with special relativity. A. Zee, a well-known author of several textbooks and popular-science works, attempts to fill that gap in this new book. But as he freely admits, it isn’t for the faint of heart: Be prepared to see a fair share of summation symbols, path integrals, and Greek letters. If readers are willing to put in a bit of work, they will be rewarded. Zee’s witty, insightful writing and engaging historical anecdotes make the book a pleasure to read. —rdSeeing Science: The Art of Making the Invisible VisibleSection:ChooseTop of pageQuantum Field Theory, as ...Seeing Science: The Art o... <<Astrotopia: The Dangerous...Seeing Science: The Art of Making the Invisible Visible, Jack Challoner, MIT Press, 2022, $34.95 (paper)In this new coffee-table book, the science writer Jack Challoner has collected and annotated more than 200 images—historical and contemporary—of phenomena like neurons, animal locomotion, and the Sun’s photosphere. But Seeing Science isn’t just a collection of beautiful pictures. Challoner also aims to answer a question that many laypeople often wonder about: How do scientists produce images of objects or phenomena they can’t see with the naked eye? To do so, he intersperses the text with explanations of how such technologies as scanning electron microscopes and space telescopes have enabled researchers to image seemingly unseeable things. The result is a compelling collection. —rdAstrotopia: The Dangerous Religion of the Corporate Space RaceSection:ChooseTop of pageQuantum Field Theory, as ...Seeing Science: The Art o...Astrotopia: The Dangerous... <<Astrotopia: The Dangerous Religion of the Corporate Space Race, Mary-Jane Rubenstein, U. Chicago Press, 2022, $24.00In Astrotopia, the philosopher Mary-Jane Rubenstein argues that the 21st-century private space race being carried out by Elon Musk, Jeff Bezos, Richard Branson, and others has become a “mythological project” analogous to the type of “imperial Christianity” that was used by Europeans to colonize more than half the planet. Discussing the era of private competition in space, known as NewSpace, she argues that we need to act now to prevent it from being rapaciously exploited by capitalists. Yet perhaps the most provocative portion of the book looks toward the past: Rubenstein convincingly demonstrates that NASA and US politicians used Christian imperialist language to justify the Apollo missions. In other words, it’s no coincidence that the Apollo 8 crew read from the book of Genesis while orbiting the Moon on Christmas Eve 1968. —rd© 2023 American Institute of Physics.

Competitive Education Marketing Management in Integrated Islamic Education Institutions: Islamic Education Interests in Modern Society

This study aims to produce a marketing management theory concept for competitive private Islamic educational institutions. At the same time, the locus of this research is the Integrated Islamic Junior High School (SMPIT) Khairunnas Bengkulu, Sumatra. Education is a service product produced by non-profit educational institutions so that the educational process results are visible. To learn more about education marketing, you must first know the substance and characteristics of services and marketing concepts so that the application of education marketing is in the correct position by the values and nature of education itself. This study used a qualitative approach with a case study type—data obtained from interviews, observation, and documentation. Data analysis was carried out since the researcher arrived at the research locus; after the data was collected, analysis was carried out through data compression, data presentation, and conclusion. The processes of credibility, dependability, confirmability, and transferability are used to best check the validity of the data. Research findings related to the concept of institutionally competitive marketing management are the concept of "shura expert" or guidance from a senior who is experienced in the field of education, the concept of mastering English and Arabic for students so that they can be accepted at high schools and favourite campuses even abroad, and the concept of increasing competency through extracurricular activities, especially in science and technology.

Growth trap of public freight villages in Europe

Freight Villages (FV) are important nodes in supply chains and can be seen as industrial and trade zones with good connections to transport networks, such as road, rail and air, offering basic logistics services, such as warehousing and transshipment, as well as further complimentary services especially for transport-intensive companies, such as logistics service providers. As such, FVs are promoters of intermodal transport. They are successfully introduced and run throughout the world and are well accepted by companies. Therefore, FVs can be found in almost every country. Accordingly, many papers were published on how best to set up those centers but less is known about their growth and the challenges they face here. Our research shows that there is an interesting counter-intuitive effect in growth and expansion of FVs. We conducted empirical analyses and developed a System Dynamics model to reveal a so-called “growth trap”. Public and public-private FVs interested in the expansion of their terminal infrastructure will attract private competitors offering warehouse capacities in the near vicinity which will impede the growth of the FV. This effect is also validated by means of a case study. To avoid such development, we propose policy recommendations for a proper and healthy growth of such FVs.

The challenges for private competition law enforcement concerning anticompetitive conducts in digital markets

The paper reviews literature on theories of harm in digital markets, and the specific difficulties in quantifying the damage in private enforcement of competition law. The development of a tentative case-law on private enforcement in digital markets in the European Union is studied next, in comparison to the US antitrust practice, differentiating between businesses or consumers filing damages claims. Finally, the paper raises the specific issues posed by the digital economy for competition law claims for damages, and explores the idea of extending the presumption of harm also to abuse of dominance in digital markets, as well as making private parties aware of cease and desist injunctions or filing for private enforcement remedies.

“I feel like the worst mother in the world”: Neoliberal subjectivity in Indigenous Australian oral health

Neoliberalism gained popularity during the post-Cold War period as a set of dominating ideologies, practices and policies that underpinned the movement towards globalisation. Neoliberalism champions competitive private markets, deregulation that facilitates economic activity, personal responsibility, and reduced public expenditure on infrastructure. A decade after the initial rise of neoliberalism, health inequities became concerns on the global stage. Oral health inequities aptly reflect social injustices due to the unique relation between material circumstances, access to health services and structural inequities. In Australia, Indigenous children experience early childhood caries at alarmingly higher rates than non-Indigenous children. Recently, neoliberalism has been suggested as an overwhelming contributor to Indigenous oral health disparities. This qualitative research is an extension of a single-blind parallel-arm randomised control trial that aimed to identify factors related to the increased occurrence of dental caries in Indigenous children. The objective of this constructivist grounded theory study was to generate an understanding of how neoliberal subjectivity exists for Indigenous peoples in the context of oral health in Australia. Experiences of ownership, guilt, failure, embarrassment, shame, and judgment were key in participants’ experiences of neoliberal subjectivity; these feelings were exacerbated by experiences of bullying, financial limitations, and institutional racism. We argue that individual responsibility for health, as a tenet of neoliberal ideologies, furthers Indigenous oral health inequities and that neoliberalism as a societal discourse perpetuates colonial values by benefitting the privileged and further oppressing the disadvantaged. Trial registrationAustralian New Zealand Clinical Trial Registry ACTRN12611000111976; registered February 01, 2011.

THE INFLUENCE OF VALUES ON SOCIAL AND ECONOMIC DEVELOPMENT

The study is devoted to providing new facts to support the influence of culture on the development of the country. We tried to interpret the phenomenon of eco-nomic growth through non-economic factors such as institutions, technology (in-novation), trust, culture, values. There is no single decisive factor of economic growth, it is always a set of unities. It is assumed that cultural values and eco-nomic performance in a country have a two-way relationship. Cultural values determine the social direction and complement the traditional factors of economic growth. Moreover, at the same time, they change under the influence of socio-economic development. A comparative analysis of different cultures requires identifying universal characteristics and grouping countries according to these characteristics. Categories of universal culture are the informal rules that underlie any social organization and form the basis of social relations. The categories of property rights, income distribution, competition, and environmental protection are among the main issues of society's existence and development. These catego-ries relate to economic values, the economic interests of the country. Values and attitudes largely determine the direction and rate of economic growth and, at the same time, are influenced by ideology, religion, and political regime. The purpose of this article is to determine the interdependence of society's values and its eco-nomic development. The main economic values are private property, competi-tion, and profit. It is possible to explore these categories of economic values through an analysis of data from the World Values Survey (WVS). Research methods. Regression is useful to test the relationship between economic values and well-being on the example of 36 countries. The initial data are economic val-ues statistics WVS (Greif, Mokyr, 2016) and GDP per capita, World Bank (GDP per capita (current US$)). The regression model includes independent (values) and dependent (GDP per capita) variables. Result. The study examined attitudes to private property, competition and environmental protection in European countries. A positive correlation was found between attitudes towards private property and well-being, between economic growth and environmental goals. The findings confirm the correlation between culture, values and economic growth. At the same time, there is no noticeable correlation between attitudes toward compe-tition and income levels. Institutional factors are assumed to have a particular influence on competition values.

PRAVILA EUROPSKE UNIJE O TRŽIŠNOM NATJECANJU I DRŽAVNIM POTPORAMA I DOPUNSKO ZDRAVSTVENO OSIGURANJE U REPUBLICI HRVATSKOJ: KRIVO SRASTANJE?

Competition and state aid rules are not applicable to compulsory health insurance in the Republic of Croatia, since the latter does not constitute an economic activity as defined by EU law. On the other hand, complementary health insurance, as established in Croatia, constitutes an economic activity, due to the existence of real competition between undertakings. The illustrated situation with competition in complementary health insurance market allows for the statement that special rules applicable to Croatian Health Insurance Fund (HZZO) provide the latter with a privileged position when compared to its private competitors to whom these rules do not apply. Moreover, this privileged position is strengthened by the fact that HZZO, as a legal monopolist within the sphere of compulsory health insurance, utilizes respective infrastructure in the field of complementary health insurance, which enables it to reduce expenses to the detriment of its private competitors lacking such a privilege. A solution for the described situation could be for the state to establish a separate entity to provide complementary health insurance. This entity would have to provide open enrolment and community rating, regardless of age, sex or health of the insured persons. In order to prevent private competitors from jeopardising the exercise of service of general economic interest by taking over only the insured persons with a more favourable risk profile, a risk equalisation scheme would have to be set up. This would result in a transfer of funds from insurers with a favourable risk profile to those with an unfavourable risk profile on basis of objective and clear criteria, thereby making it possible for the latter to provide service to the higher-risk insured persons like the elderly and the ones with chronic illnesses. In this way, a balance between the necessity to provide a service of general economic interest to all insured persons, including those with a higher risk, and competition on the EU internal market, would be struck.

Betting and lottery business – polices, taxes and benefits

Relevance of research topic. Bulgarian tourism is a significant contributor to the country's economy. In this regard, the gambling as need of the modern man has its important place in the regional tourism and entertainment sector similar to other developed countries. Collecting taxes and fees is a fundamental way for countries to generate public revenues and Bulgarian gambling sector is not an exception. Formulation of the problem. The lottery takes a key segment of the gambling sector. The National Lottery establishment and evolution has been financially motivated. The Government had seen the chance of collecting significant funds to the state treasury and investing them into new projects. However, government money comes from the gambling sector should be directed to good causes. Analysis of recent research and publications. Most of the materials, publications and researches realted to the lottery and gambling sector have been written and published last decades by the leading countries scientific authors. Such issues as certain categories related to the interests of social entities involved in gambling; some definitions related to the gambling, its elements and motives are investigated. Some problems, ideas and solutions were discussed in few reports and scientific conferences handling by different institutions and organizations. Setting the task, the purpose of the study. This study has its purpose to briefly highlight and present a scientific perspective of some basic logics, principles and significant financial reasons of the lottery business genesis and betting business evolution. Method or methodology for conducting research. This study uses data and sources selected on the basis of various methods and approaches such as observation, analysis, synthesis, systematization and summarization of information; professional research; study of objects and goals; trend analysis; statistical analysis of various databases; statistics and data sources. Presentation of the main material (results of work). This study will successively compare few leading European markets experience and practice to the Bulgarian market conditions. Furthermore, some economic and financial challenges facing the sector will be open-to-ponder subject. In 2019, the total European gambling market (EU-27 and UK markets only) was worth €98.6bn, with online gambling accounting for €24.5bn in gross gaming revenue. The market share of online gambling is growing steadily and is expected to reach 33.6% of Europe’s gross gaming revenue by 2025. The state-owned company “Bulgarian State lottery” (“BSL”) could be much profitable wellspring of sustainable fresh finances. “BSL” company falls under the purview of the “Ministry of Youth and Sport” (“MYS”) therefore has an approved certain annual budget, but also much expenditures including state taxes and direct contribution to the “MYS” for support of education and sports. The research has shown that “BSL” sports and education annual transfer payments to the “MYS” are dropped with 11.66 % for the period of 2015-2019. During the researched period “BSL” operator has been survived on a very difficult situation competing with solid players on the market where some ambiguous legal restrictions created an opportunity to limit the efficiency and effectiveness of the state-owned lottery which led to certain market advantages for its private competitors. Based on some additional calculations, the private lottery companies’ revenue growth reached its highest level in the last years. Conclusions according to the article. The Gambling and betting tax revenue plus National Lottery revenue widely called a “painless tax” (because of its voluntary nature) flowing a tremendous financial resource to the state budgets of those well-regulated markets. According to the guidelines of the OECD, the regulations of a competitive environment must not unduly discriminate against state-owned enterprises compared to their market competitors. However, as a result of the February 2020 legislation “fine-tuning” the Bulgarian lottery industry picture got some changes with reflecting into monopoly market position of “BSL” company over lottery games and instant lottery games as well.

Leniency and Damage Liability for Cartel Members in Brazil

Abstract A recent debate on leniency policies is the interplay between the public and the private competition law enforcement. The lack of a well-established set of rules regarding damage claims may be harming the effectiveness of the Brazilian Leniency Program, either by discouraging the wrongdoers from applying for leniency in already formed cartels or by not being threatening enough to deter the cartel formation. The paper objective is to analyze the best policies for leniency applicants regarding the damage liability in Brazil. We conclude that the optimal policy is providing immunity to the leniency applicant, and after that the damage claim lawsuits can be encouraged with no undesirable effects. Extensions confirm the following: the immunity is even more effective when there is risk of betrayal; the immunity is the best policy in the case of ex-post leniency; the immunity is the optimal policy when there is no bankruptcy, otherwise the applicant liability should be the minimum necessary to avoid the bankruptcy; immunity regarding criminal sanctions for individuals is the optimal policy; for international cartels, the optimal policy is a combination of immunity regarding damage claims in all jurisdictions. JEL codes: L13; L41; L44

The diverse effects of private competitors on public service performance: evidence from New Jersey’s school system

An important question underlying government policies that aim to introduce competition from the private sector into public service markets, is whether the presence of privately managed service providers affects the performance of public providers. On the one side, neoclassical economic theory would predict that competition from the private sector has a positive effect on public service performance. However, on the other side, institutional theories would predict a negative, or no effect at all. Using a 9-year panel data set of New Jersey schools, we find some evidence for both models. In most cases, the presence of privately managed charter schools is associated with an increase in public school performance, but the expansion of charter schools is associated with a decrease in performance. Our findings suggest that the effects of private competitors on public service performance are diverse and that multiple mechanisms can be at play simultaneously.

Public employment redux

The public sector hires disproportionately more educated workers. To rationalize this finding, we propose a model with a perfectly competitive private sector, and non-Walrasian public sector. Our economy also features heterogeneity across individuals and jobs, and a simple sorting mechanism that generates underemployment - educated workers performing unskilled jobs. We find that the public-sector wage differential and excess underemployment account for 15 percent of the education bias, with the remaining accounted for by technology. In a counterintuitive fashion, we find that more compressed wages in the public sector raise inequality in the private sector.

Money in the Twenty-First Century: From Rusty Coins to Digital Currencies

After the Global Financial Crisis, central banks became identified as banks’ closest allies, rescuing them from failure when things go wrong. Banks, in turn, emerged as complex and unstable institutions that privatize profits and socialize losses, to the despair of taxpayers. And regulation and regulators were seen as incapable of curbing financial excess. The coronavirus pandemic only exacerbated the generally negative sentiment, as governments lacked a fast and simple way to send relief money directly to their citizens. In the meantime, sovereign currencies have faced increased private competition, from Bitcoin to big tech global projects. At this point, some structural reform of the monetary system seems not only desirable but inevitable. It is about time to look again at the role of money in the modern economy and better understand its features and flaws. This Article thus offers a guide to the recent evolution of money and what its future might hold.

Legal Obstacles to Private Enforcement of Competition Law

Private enforcement of competition law serves many important goals, including deterrence of future anti-competitive harms and correction of past harms. This article sheds light on several potential legal obstacles to such enforcement which could prevent it from achieving its goals. The examples mainly build upon the experience of different jurisdictions with private litigation. It also suggests some possible solutions for dealing with or limiting such obstacles. As Europe is in the early stages of applying its Damages Directive and creating a private competition law enforcement regime, recognising – and possibly avoiding – obstacles to efficient private enforcement is both timely and important.

Private Damages Actions in EU Competition Law and Restorative Justice: Towards a New Streamlined Institutional Framework?

The transposition of Directive 2014/104 on private damages actions marks an important development in the setting up of a harmonised private competition law enforcement regime across different EU Member States. Coupled with deterrence-focused public enforcement, the European Union has taken a necessary and welcomed step towards enhancing justice for all those individuals and competitors damaged by competition law infringements. This article argues, however, that the current emphasis on balancing public and private enforcement of the European Commission focuses too little on the need and healing effects of restoration. At the same time, the Directive contains a promising restorative justice opening by virtue of its Article 18. Starting from that opening, the article will propose a more developed way forward, taking the form of the setup and development of so-called antitrust “trust funds”. Exploring the legal possibilities and limits of such funds, the article questions to what extent this approach could be a useful complementary way to overcome the limits identified. It will be submitted that, although it is legally possible to set up those trust funds under EU law, important practical questions have to be addressed prior to doing so. Having outlined the potential features and limits of this approach, the article additionally calls for more and comparative research to be performed in this area.