Правомерность вертикальных ограничивающих соглашений с позиции «взвешенного подхода» и характер специфических инвестиций
The underinvestment in the specific assets due to the «hold up» is one of the key issues in the theory of the firm. Till the very end of the twentieth century discussing the «hold up» problem researchers considered only the so-called «selfish» relation-specific investments. But later their attention was switched to the analysis of another specific investments type, named «cooperative» or «cross» investments, which is much more risky than the selfish investments. Besides that, the riskiness of such investments depends on their specifity degree – the specific investments can be partly specific or full specific. In its turn, the degree of specifity determined by the partners’ ability to benefit from selfish or cooperative specific investments in contacts with “alternative” contractors. If such gains equal zero, that specific investments (cooperative or selfish) are full specific to the “main” partner. Respectively, if the gains from partnership with “alternative” contractors are more than zero, that such specific investments are partly specific to the “main” partner.
Unfortunately the present regulatory documents, determining the application the rule of reason, don’t take into account the character of specific investments. The negative consequences of such approach are illustrated in the first part of the article, where the court’s decision in case of Pierre Fabre Dermo-Cosmétique SAS (PFDC) v. Président de l’Autorité de la concurrence, Ministre de l’Économie, de l’Industrie et de l’Emploi is analyzed. The second part of the article is dedicated to the discussion of possible solutions of this problem.
The paper studies the specific features of trade-off between type I and type II errors in vertical restraints regulation. It pays attention to possible deviations from trade-off logic due to separate consideration of enforcement errors and some imperfections of Russian legal rules. The game theoretic model which is discussed in the second part of the article can be useful for formal analysis of externalities created by the enforcement errors.
Dr. Frédéric Jenny is the Renaissance man of competition policy. As an economist, scholar, judge and enforcer, he has helped transform the landscape of global competition enforcement. In the first volume of this Liber Amicorum, distinguished members of both Bar and Bench, as well as academics from around the world, come together to bear testimony to his international achievements. This collection of 21 articles celebrates Dr. Jenny’s career thus far, and also explores other timely and topical areas of competition law and policy.
The development of Internet retailing implies the presence of competing interests among the participants of the supply chain and requires regulation of vertical restraints. As government regulation of the vertical restraints due to their possible anticompetitive effects, then the change in the nature of competition requires a review of applicable regulations, which were adopted on June 1, 2010 in the EU. The new rules of regulation on the vertical restraints will remain in place until 2022.
Do you download music or shop online? Who regulates large companies such as Google and Facebook? How safe is your personal data on the internet? Information technology affects all aspects of modern life. From the information shared on websites such as Facebook, Twitter, and Instagram to online shopping and mobile devices, it is rare that a person is not touched by some form of IT every day.
Information Technology Law examines the legal dimensions of these everyday interactions with technology and the impact on privacy and data protection, as well as their relationship to other areas of substantive law, including intellectual property and criminal proceedings. Since the pioneering publication of the first edition over twenty years ago, this forward-thinking text has established itself as the most readable and comprehensive textbook on the subject, covering the key topics in this dynamic and fast-moving field in a clear and engaging style. Focussing primarily on developments within the UK and EU, this book provides a broad-ranging introduction and analysis of the increasingly complex relationship between the law and IT.
Based on the analysis of actual problems of legal statistics suggestions for improving its use in the study of crime and measures of the struggles she and demonstrates ways to increase trust legal statistics and teaching effectiveness as discipline in law schools.
Smoking is a problem, bringing signifi cant social and economic costs to Russiansociety. However, ratifi cation of the World health organization Framework conventionon tobacco control makes it possible to improve Russian legislation accordingto the international standards. So, I describe some measures that should be taken bythe Russian authorities in the nearest future, and I examine their effi ciency. By studyingthe international evidence I analyze the impact of the smoke-free areas, advertisementand sponsorship bans, tax increases, etc. on the prevalence of smoking, cigaretteconsumption and some other indicators. I also investigate the obstacles confrontingthe Russian authorities when they introduce new policy measures and the public attitudetowards these measures. I conclude that there is a number of easy-to-implementanti-smoking activities that need no fi nancial resources but only a political will.
One of the most important indicators of company's success is the increase of its value. The article investigates traditional methods of company's value assessment and the evidence that the application of these methods is incorrect in the new stage of economy. So it is necessary to create a new method of valuation based on the new main sources of company's success that is its intellectual capital.