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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Reform of Local Municipal Structures: Centralization not only Implicates Advantages
Peter Haug, Claus Michelsen
Wirtschaft im Wandel,
No. 11,
2007
Abstract
The question whether centralized or decentralized municipal structures are more efficient has been discussed, not only in Germany, for a long time primarily under aspects of law and administrative sciences. In this article, we use an economic approach instead. The prevailing theories on interjurisdictional competition are not conclusive about the cost and welfare effects of centralization. Therefore, using the example of Saxony-Anhalt we investigate empirically if there are any significant differences in expenses or personnel between more centralized municipal governance forms (“Einheitsgemeinden”) or rather decentralized forms (“Verwaltungsgemeinschaften”). Our cross-section analysis for selected municipal activities reveals that both types are very similar in their cost and manning structures. Significant differences can be explained rather by different population densities than by the organizational structure. Considering these results we do not recommend a forced amalgamation of the municipalities in Saxony-Anhalt. Especially, if frustration cost or the political transaction cost, which both rise with centralization, are taken into account.
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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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Factors Accounting for the Enactment of a Competition Law - an Empirical Analysis
Franz Kronthaler, Johannes Stephan
Antitrust Bulletin,
No. 52,
2007
Abstract
This work is concerned with the factors accounting for decisions to enact a national competition law. We first update and enlarge existing data bases of countries that have enacted a competition law. We then identify and discuss the factors that may influence the decision to enact a competition law. Panel-data logit analysis is then used to test a set of hypotheses relating to the factors involved across time and across countries. The results are interpreted in terms of significance and the sign of their influence on the probability that a country enacts. The results shed light on the probability of individual countries, particularly developing countries, taking the step of enactment.
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Effectiveness of Competition Law: A Panel Data Analysis
Franz Kronthaler
IWH Discussion Papers,
No. 7,
2007
Abstract
The paper explores what macroeconomic factors can tell us about the effectiveness of recently enacted national competition laws. Qualitative evidence suggests that numerous countries fall short in implementing competition law. Furthermore, there seems to be significant differences between countries. To examine what factors might contribute to the explanation of effectiveness of competition law panel regression analysis is used. The results indicate that the level of economic development matters, however the institutional learning curve is also relevant. Furthermore, larger countries should be more concerned with competition advocacy activities than smaller countries and it seems to be the case that the problem of capture of competition law is serious in countries with high levels of corruption.
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Progressivity and flexibility in developing an effective competition regime: using experiences of Poland, Ukraine and South Africa for developing countries. Forschungsbericht innerhalb des EU-Projektes: Competition Policy Foundations for Trade Reform, Regulatory Reform, and Sustainable Development, 2005
Franz Kronthaler, Johannes Stephan
One-off Publications,
No. 5,
2005
Abstract
The paper discusses the role of the concept of special and differential treatment in the framework of regional trade agreements for the development of a competition regime. After a discussion of the main characteristics and possible shortfalls of those concepts, three case countries are assessed in terms of their experience with progressivity, flexibility, and technical and financial assistance: Poland was led to align its competition laws to match the model of the EU. The Ukraine opted voluntarily for the European model, this despite its intense integration mainly with Russia. South Africa, a developing country that emerged from a highly segregated social fabric and an economy dominated by large conglomerates with concentrated ownership. All three countries enacted (or comprehensively reformed) their competition laws in an attempt to face the challenges of economic integration and catch up development on the one hand and particular social problems on the other. Hence, their experience may be pivotal for a variety of different developing countries who are in negotiations to include competition issues in regional trade agreements. The results suggest that the design of such competition issues have to reflect country-particularities to achieve an efficient competition regime.
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Database on competition law enactment in developing countries, the budget and staff of the relevant competition agency, and other structural (economic and otherwise) characteristics. Forschungsbericht innerhalb des EU-Projektes: Competition Policy Foundations for Trade Reform, Regulatory Reform, and Sustainable Development, 2005
Johannes Stephan, Franz Kronthaler
One-off Publications,
No. 4,
2005
Abstract
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Progressivity and Flexibility in Developing an Effective Competition Regime: Using Experiences of Poland, Ukraine, and South Africa for developing countries
Franz Kronthaler, Johannes Stephan
IWH Discussion Papers,
No. 6,
2006
Abstract
The paper discusses the role of the concept of special and differential treatment in the framework of regional trade agreements for the development of a competition regime. After a discussion of the main characteristics and possible shortfalls of those concepts, three case countries are assessed in terms of their experience with progressivity, flexibility, and technical and financial assistance: Poland was led to align its competition laws to match the model of the EU. The Ukraine opted voluntarily for the European model, this despite its intense integration mainly with Russia. South Africa, a developing country that emerged from a highly segregated social fabric and an economy dominated by large conglomerates with concentrated ownership. All three countries enacted (or comprehensively reformed) their competition laws in an attempt to face the challenges of economic integration and catch up development on the one hand and particular social problems on the other. Hence, their experience may be pivotal for a variety of different developing countries who are in negotiations to include competition issues in regional trade agreements. The results suggest that the design of such competition issues have to reflect country-particularities to achieve an efficient competition regime.
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Angewandte Industrieökonomik: Theorien, Modelle, Anwendungen
Ulrich Blum, Simone Müller, Andreas Weiske
,
2006
Abstract
Modern entrepreneurship comprises a mix of bourgeois morale and the striving for adventure: Bourgeois morale implies efficiency, reputation, the rule of the law. And adventure implies new frontiers, the spirit of competition, innovation and a pioneer’s attitude – up to the destruction of competitors. The modern entrepreneur’s social position thus is a ambiguous; the entrepreneur needs a special attitude with respect to economic activity as discussed by Werner Sombard (1913) and Max Weber (1905); society has to accept the positive ethical quality of profit seeking in order to survive. The modern theory of the enterprise promoted by neoclassic theory does not include any of these elements of real entrepreneurship. Industrial organisation theory tries to structure models closer to reality, thus allowing empirical testing. In many aspects, it is based on neoclassic theory, but also accepts the concept of strategic behaviour which includes potential reactions of other market participants in ones own activities. Elements of evolutionary economics, risk theory and modern information theory thus become important. The overarching question of the entrepreneur, who strives for a higher than normal profit in the market becomes: under which conditions should I enter the market and under which conditions will potential entrants do the same? How should I set my prizes and what reactions must I expect? How can I signal friendly behaviour to competitors? How can I differentiate myself from them? What importance do innovations and advertising have? The book roles out these questions in three large chapters on technology and market structure, on prize setting and signalling, and on research, development and innovation. An introduction explains individual behavioural patterns within the societal context – often in a historical perspective. Three methodological chapters introduce the reader into strategic thinking as the core aspect of the industrial organisation theory, the “old industrial organisation theory” and the neoclassic basic models. Each chapter is extended by exercises and tips for solutions.
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Analysis of statements made in favour of and against the adoption of competition law in developing and transition economies
Franz Kronthaler, Johannes Stephan, Frank Emmert
IWH-Sonderhefte,
No. 1,
2005
Abstract
The paper is concerned with documenting and assessing statements made by policy-makers, opinion formers, and other stakeholders in favour and against the adoption of competition laws with particular reference to transition and developing countries which have not yet enacted these kind of laws. For example, claims that competition enforcement might reduce the inflow of foreign direct investment, or that other policies are successfully used as substitutes for competition law, are assessed. In a first step, the method of generalized analysis structures the list of statements around core issues of common features to make them accessible to further interpretation and assessment. The paper shows that some claims are in fact country or region specific, and specific to the development level of the respective countries. In a second step, the core issues are assessed according to economic and legal criteria. Since the analysis focuses on transition and developing countries, the criteria for economic assessment are predominantly economic growth and development issues, but also include the economic coherency of a set of claims submitted by stakeholders in a given country. The criteria for legal assessment include whether claims are problematic in light of WTO-principles, or are even born out of a political objective which is incompatible with the spirit, if not the letter of WTO-rules.
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