Paradigm Shift in European Competition Law
Nicole Steinat
Wirtschaft im Wandel,
No. 11,
2007
Abstract
During the last decade, European competition law went through several procedural changes, which were mainly influenced by US-American law. Economic criteria rather than legal parameters are now used to evaluate the conduct of firms. Such a “more economic approach” is apparent both in legislation and jurisdiction.
The article discusses the reforms that resulted from the paradigm shift by focusing on the legislation perspective as well as their impact in terms of cartels. One of the most important instruments in European competition policy is nowadays the Leniency Regulation, which was implemented in 1996. Another tool are the renewed Fining Guidelines, which in general will lead to higher fines.
Although European competition law adopted some instruments from American law, there are still major differences between the two jurisdictions. The possibility to impose jail sentences does not exist on a European level yet. However, a few European countries included criminal sanctions in their national laws.
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Market Follows Standards
Ulrich Blum
Wirtschaft im Wandel,
No. 10,
2007
Abstract
Standards are an important part of the codified knowledge of a society. In contrast to industry standards, formal standards are created in a consensus-based procedure open to all interested parties. Only if an economic interest for application exists will formal standards be produced. Interested parties have to shoulder participation costs themselves, which enforces economic interest. Up to a certain extent, governments also trigger and finance formal standardisation processes through the new approach, which creates a framework that is filled by private activity. Standards stand at the end of intellectual property rights if the totality of the value chain of knowledge production is looked at. One important aspect is their accessibility and the inclusion of all necessary intellectual property rights, especially patents, at reasonable prices. Conversely, consortia may exclude groups from the use of their standards. By preventing the licensing of those patents included in a standard, they can effectively block market entry. Thus, “successful” standards often face antitrust problems. Formal standards reduce costs of production through economies of scale, economies of scope and network-economies. Goods and processes that are standardized signal quality, the inclusion of high technological standards and permanent presence in the markets, which again accelerates market dissemination. Firms face a dilemma: On the one hand, the penetration of a markets with industry standards offers potentials for high profits; on the other hand, this has to be balanced against the risk of failure, especially if clients are hesitant because they do not know which standard will be successful in the end. Formal standards create and stabilize trust markets. This is especially true in the area of globalisation. Europe, which has to face an enormous competition in the international knowledge economy, needs an institutionally efficient approach to formal standardisation. This contribution addresses future problems of the European standardisation that have been developed within the framework of a working group of the European Standardisation Organisation called Future Landscape of European Standardisation (FLES).
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Innovations as driving force of the knowledge society – concepts and contemporary theoretical approaches
Jutta Günther, Björn Jindra
Wirtschaft im Wandel,
No. 9,
2007
Abstract
In response to the question what secures Europe’s future competitiveness, it is often in the context of “knowledge society” referred to location advantages for research and development (R&D), innovation and knowledge. Respective point of view is not only represented by decision makers of high-duty industrial countries, but also by so called catching up economies in Central and Eastern Europe as well as Asia. The present article deals against the background of current innovation theoretic approaches with the question of what indeed constitutes the abstract notion of the knowledge society, which actors play a role and how R&D and innovation are geographically distributed. Systemic approaches are outlined, which place emphasis on the relation among different knowledge generating actors, in particular among science and economy. In effort to elucidate the geographical distribution of R&D and innovation the authors refer to the regional economic theory, which constitute the reasons why such processes are marked by spatial concentration. Thereby, the hypotheses are competing in associating the spatial concentration with either sectoral specialization or diversification. The article shows the domination of multinational companies of research and development (R&D) in the private sector and that these businesses connect regional centers of innovations beyond national borders. Based on the theory of technological accumulation and internationalization of companies, the globalization of R&D and innovation processes are explained. Thereby, it must be recognized that a hierarchy of regional innovation systems is emerging in which the disparities are increasing both at home and abroad.
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The Euro and Cross-Border Banking: Evidence from Bilateral Data
S. Blank, Claudia M. Buch
Comparative Economic Studies,
No. 3,
2007
Abstract
Has the introduction of the Euro fostered financial integration in Europe? We answer this question using a data set of banks’ bilateral foreign assets and liabilities provided by the Bank for International Settlements. The data cover the pre-Euro period (1995–1998) and the post-Euro period (1999–2005). We use information from 10 OECD reporting countries and all OECD recipient countries. Gravity regressions show a positive and significant impact of the Euro on bilateral financial linkages. This effect is stronger and more robust for banks’ foreign assets than for their foreign liabilities.
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East German Economy: Demand Push Stronger than Structural Deficiencies
Wirtschaft im Wandel,
No. 7,
2007
Abstract
In 2006, growth of production was surprisingly strong in Eastern Germany. The structural deficiencies there would have suggested a slower pace. In particular, linkages with national and international business cycles have been underestimated. To a large part, the reason why output grew by 3 per cent did not come from Eastern Germany itself, but from the Old Länder and from abroad. In the New Länder, the strong upward swing in investment activity stimulated the economy. However, owing to a small increase in total income of private households, their purchasing power lagged behind.
The improved ability of East German firms to absorb cyclical impulses from exports and from Germany’s general investment activity proved to be a crucial factor. In particular, the endowment of workplaces with modern production facilities as well as the continued reduction in the disadvantages with respect to cost-competitiveness in the tradable goods sector were beneficial. The labour cost advantage compared to West German competitors increased further while the disadvantage compared to those from Central and Eastern Europe decreased.
Benefiting from these factors, economic activity in Eastern Germany will grow faster than in the Old Länder as long as the upswing in Germany and abroad remains strong. In 2007 and 2008, investments – especially in equipment – and exports will be the driving forces again. For exports, the strongly expanding markets in Central and Eastern Europe as well as in Russia will gain in importance. As income and employment prospects improve, private consumption will support the growth in production. Registered unemployment should decrease below the 1-million threshold.
Manufacturing will remain the primary force of the upswing; its advantages in production costs will not vanish as long as, even in presence of scarcity of skilled labour, salaries and wages do not increase more than in Western Germany. In the wake of robust economic growth, the New Länder will make further progress in catching up with respect to production and income.
Companies will regain support from the banking industry. Yet, investment capital still stems from public funding programmes to a non-negligible extent. In the medium run, access to credit will ease as a result of further improvements in the firms’ net worth position. However, dependency on internal funds remains high and exposes companies to comparatively strong cyclical risks. In an economic downturn, the structural deficiencies of the East German economy will impair economic expansion.
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Institutionelle Defizite und wachsende Spannungen in der Euro-Zone
Hubert Gabrisch
Wirtschaft im Wandel,
No. 7,
2007
Abstract
The introduction of the Euro was certainly a success. Nevertheless, behind this success one may find some increasing asymmetries and imbalances across member countries, which may undermine the stability of the common currency in the long run. Tensions include the paralysis of fiscal policy, increasing divergence in per capita income, a high volatility of real state prices, and diverging unit labour cost developments. The given forms of macroeconomic coordination seem not to be appropriate to mitigate the problems. Obviously, countries can compete with wage policy only after currencies and their exchange rates were abolished, and the use of fiscal policy has been restricted. In particular, Germany and Austria were successful in competitive wage policy, while countries like Spain, Greece, Portugal, Italy, and also France did not yet use the competitiveness channel. Germany was able to reduce its unit labour costs more than other countries by labour market reforms and higher indirect taxes in replacing social taxes. However, the advantage may proof to be temporary only, for other countries will be forced to follow the German example. Given an ECB inflation target of 2 %, more competitive wage policy in the Euro area might jeopardize the stability of the currency through deflation and higher unemployment. It does not wonder that the discussion on other and new forms of macroeconomic coordination revived recently. This debate does not only include the introduction of a central EU budget with anti-cyclical effects, but also forms of direct and indirect coordination of national wage policies. In any case, it would be useful to oblige national wage policies to obey the common interest of the Union.
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Effects of European Competition Policy Reform for Central East Europe - an Institutional Perspective
Johannes Stephan, Jens Hölscher
Intellectual Economics,
No. 1,
2007
Abstract
With the Central and East European countries increasingly included into the international division of labour in the European Economic space, we are prompted to ask whether this integration operates on a level playing field with respect to competition policy. In fact, a comparison between the more advanced West European countries and countries in Central and East Europe reveals that effectiveness of implementation of competition law and policy and intensity of competition are lower in the East and in particular also in the new EU member countries of Central East Europe, where the institutional framework of the West had been taken over some years ago now. In this situation, the EU recently decided to reform competition policy by delegating some of its powers to national competition agencies. We discuss whether this reform will likely spur competition or whether this may turn out to be rather ill-designed for the particularities in post-socialist economies.
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Determinanten des Erfolgs im Transformationsprozess der mittel- und osteuropäischen Länder - eine empirische Würdigung der Beiträge von Karl Wohlmuth
Tobias Knedlik
Ökonomische Systeme im Wandel der Weltwirtschaft/Economic Systems in a Changing World Economy - Festschrift zum 65. Geburtstag von Professor Dr. Karl Wohlmuth,
2007
Abstract
In his academic career Prof Dr Karl Wohlmuth is, among others, concerned with questions of the economics of transformation. In early contributions regarding the transformation process of Eastern European countries, he deducts policy recommendations for a success-ful transformation process. The present paper summarizes the analyses of Wohlmuth and empirically evaluates - as an ex post analysis - determinants of success in the transforma-tion process. The central question is whether the determinants as identified by Wohlmuth had a significant influence on the success of transformation. The results are that the factors ‘reform of the private sector’, ‘liberalization of the labor market’, and ‘fiscal consolidation’ have been of special importance. It could therefore be shown that the factors that have been early identified by Wohlmuth played in deed an important role in the transformation proc-ess. Thus, his recommendations are of relevance for the ongoing process of transformation.
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Comparative Study of Multinational Companies in the Enlarged EU - A Technology Transfer Perspective
Johannes Stephan, Björn Jindra, I. Klugert
Conference Proceedings of „Comparing International Competitiveness of Manufacturing Companies in the EU with Special Emphasis on Central and Eastern Europe“,
2007
Abstract
Our study makes a novel contribution to the analysis of the link between multinational companies' heterogeneity and technological transfer. Thereby, we focus on internal technology transfer i.e. technology flowing from the multinational enterprise to the foreign subsidiary. We estimate the impact of corporate governance, subsidiary objectives, local absorptive capacity, as well as the cultural and geographic distance as potential determinants of internal technology transfer. We control for other observed firm- and industry-specific effects as well as unobserved host-country effects. We test our hypothesis with a firm-level data simultaneously collected from 434 foreign subsidiaries in Poland, Hungary, Estonia, Slovakia and Slovenia in 2002/2003. The evidence seems to indicate that the nature of the parent-subsidiary relationship is subject to the institutional context, subsidiary objectives, and risks involved for the foreign parent. These factors in turn determine the incentives for transferring knowledge to the subsidiary. Foreign subsidiaries' absorptive capacity enhances the intensity of internal technology transfer. In contrast geographic distance seems to limit the extent of technology transfer within the company. Country-of-origin-effects seem not to be statistically relevant for internal technology transfer once we control for observable firm, industry, and unobserved host-country-specific effects.
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Challenges for Formal Standardization: the Institutional Reforms 2008 – 2010 Reconsidered.
Ulrich Blum
Standardization Research in Information Technology: New Perspectives,
2007
Abstract
This study considers the developments in international standardization over the last 20 years, particularly the status of formal standardization as compared with consortium-based industrial standardization. The report shows that the radical reform of the global formal standardization system that started in 2008, prompted by the loss of interest in formal standardization on the part of large corporations and the sometimes less than satisfactory outcomes from consortium-based industrial standardization in terms of competition and anti-trust considerations, has helped to compensate for the declining significance of national formal standardization. This specifically relates to national governments, and is to be regarded as a clearly positive development, from both the economic and the institutional and political points of view. Global public interests are now catered for by internet-supported information markets; in particular, online documentation has also enhanced the transparency of the formal standardization process and provided freedom of access for small and medium sized companies in particular, irrespective of geographical region. Finally, the study shows that the debate that took place in and around the year 2004 between Europe and the USA regarding the path towards the internationalization of formal standardization processes was superfluous, incomplete and even counterproductive, owing to the hardening of the political divisions between the two sides.
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