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.
The paper examines the structure, governance, and balance sheets of state-controlled banks in Russia, which accounted for over 55 percent of the total assets in the country's banking system in early 2012. The author offers a credible estimate of the size of the country's state banking sector by including banks that are indirectly owned by public organizations. Contrary to some predictions based on the theoretical literature on economic transition, he explains the relatively high profitability and efficiency of Russian state-controlled banks by pointing to their competitive position in such functions as acquisition and disposal of assets on behalf of the government. Also suggested in the paper is a different way of looking at market concentration in Russia (by consolidating the market shares of core state-controlled banks), which produces a picture of a more concentrated market than officially reported. Lastly, one of the author's interesting conclusions is that China provides a better benchmark than the formerly centrally planned economies of Central and Eastern Europe by which to assess the viability of state ownership of banks in Russia and to evaluate the country's banking sector.
The paper examines the principles for the supervision of financial conglomerates proposed by BCBS in the consultative document published in December 2011. Moreover, the article proposes a number of suggestions worked out by the authors within the HSE research team.