The idea of a Deep and Comprehensive Free Trade Agreement goes beyond the traditional concept of trade liberalization and, apart from the elimination of tariffs in trade of goods, it also includes the reduction/ removal of non-tariff barriers, the liberalization of the investment regime, the liberalization of trade in services, and the far-reaching harmonization/ mutual recognition of various trade and investment-related regulations and institutions. The economic literature, CGE modeling exercises and the practical experience of “deep” trade integration suggest a substantial potential for the future EU-Ukraine DCFTA in promoting trade and investments, creating additional welfare and employment, regulatory and institutional harmonization with EU’s acquis, and modernizing Ukraine’s economy. While beneficial for both sides, the potential gains (but also potential adjustment costs) are greater for Ukraine as it is the smaller partner with higher initial trade barriers. However, the DCFTA does not include an automatic guarantee of success. Very much depends on the political will and administrative capacity to implement all of its provisions in a timely and accurate manner. This is a serious challenge for Ukraine, which has a mixed record in reforming its economy and state and which is still struggling to fulfill all of its commitments undertaken during the WTO accession process.
Authored by: Marek Dabrowski and Svitlana Taran
Published in 2012
Contents and Features of dispute settlement under US Jordan FTA by Bashar H. ...Bashar H Malkawi
In the area of dispute resolution, the U.S. FTAs with Arab countries share some commonalities. However, the US – JO FTA clearly differs from other U.S. FTAs with Arab countries. Areas of difference include treatment of perishable goods, appeal, panel report, and implementation of panel report. The dispute settlement mechanism in the US – JO FTA can be improved in several concrete ways.
The purpose of the article is to analyse and assess the dispute settlement mechanism provided for by the US – JO FTA. The article concludes by proposing improvements to the US – JO FTA dispute resolution mechanism and additions to its existing provisions. These improvements will address potential concerns and should contribute to a higher utilization of the FTA as well as serve as a template for a more expansive US-led regional FTA.
The Market without the State. The Economic Constitution of the European Comm...Daniel Dufourt
Christian Joerges
The Market without the State. The Economic Constitution of the European Community and the Rebirth of Regulatory Politics
European Integration On-line Papers vol.1, (1997), 017, 37 pages.
Judicial accommodation nafta, the eu, and the wto | n'gunu tinyN'Gunu Tiny
This article is intended to provide an analysis of the response of the dispute settlement mechanisms within the North America Free Trade Area (NAFTA) and the European Union (EU) to the claims and challenges posed by the Appellate Body. It tries to highlight the way and processes by which such judicial or quasi-judicial institutions mediate claims and conflicts vis-à-vis the WTO. It starts by focussing on what are considered to be the fundamentals of judicial accommodation. It will be argued that NAFTA arbitrators and EU judges have made a strong case for accommodation or, at least, to the awareness of accommodation, because of their concern with normative
The idea of a Deep and Comprehensive Free Trade Agreement goes beyond the traditional concept of trade liberalization and, apart from the elimination of tariffs in trade of goods, it also includes the reduction/ removal of non-tariff barriers, the liberalization of the investment regime, the liberalization of trade in services, and the far-reaching harmonization/ mutual recognition of various trade and investment-related regulations and institutions. The economic literature, CGE modeling exercises and the practical experience of “deep” trade integration suggest a substantial potential for the future EU-Ukraine DCFTA in promoting trade and investments, creating additional welfare and employment, regulatory and institutional harmonization with EU’s acquis, and modernizing Ukraine’s economy. While beneficial for both sides, the potential gains (but also potential adjustment costs) are greater for Ukraine as it is the smaller partner with higher initial trade barriers. However, the DCFTA does not include an automatic guarantee of success. Very much depends on the political will and administrative capacity to implement all of its provisions in a timely and accurate manner. This is a serious challenge for Ukraine, which has a mixed record in reforming its economy and state and which is still struggling to fulfill all of its commitments undertaken during the WTO accession process.
Authored by: Marek Dabrowski and Svitlana Taran
Published in 2012
Contents and Features of dispute settlement under US Jordan FTA by Bashar H. ...Bashar H Malkawi
In the area of dispute resolution, the U.S. FTAs with Arab countries share some commonalities. However, the US – JO FTA clearly differs from other U.S. FTAs with Arab countries. Areas of difference include treatment of perishable goods, appeal, panel report, and implementation of panel report. The dispute settlement mechanism in the US – JO FTA can be improved in several concrete ways.
The purpose of the article is to analyse and assess the dispute settlement mechanism provided for by the US – JO FTA. The article concludes by proposing improvements to the US – JO FTA dispute resolution mechanism and additions to its existing provisions. These improvements will address potential concerns and should contribute to a higher utilization of the FTA as well as serve as a template for a more expansive US-led regional FTA.
The Market without the State. The Economic Constitution of the European Comm...Daniel Dufourt
Christian Joerges
The Market without the State. The Economic Constitution of the European Community and the Rebirth of Regulatory Politics
European Integration On-line Papers vol.1, (1997), 017, 37 pages.
Judicial accommodation nafta, the eu, and the wto | n'gunu tinyN'Gunu Tiny
This article is intended to provide an analysis of the response of the dispute settlement mechanisms within the North America Free Trade Area (NAFTA) and the European Union (EU) to the claims and challenges posed by the Appellate Body. It tries to highlight the way and processes by which such judicial or quasi-judicial institutions mediate claims and conflicts vis-à-vis the WTO. It starts by focussing on what are considered to be the fundamentals of judicial accommodation. It will be argued that NAFTA arbitrators and EU judges have made a strong case for accommodation or, at least, to the awareness of accommodation, because of their concern with normative
Cooperatives can play a crucial role in the economy, contributing to the stabilization of markets by addressing market
failures, countervailing concentrated market powers, internalizing social costs, reducing information asymmetries, or
producing collective or trust goods and services. Cooperatives are said to be more resilient in times of
crisis. They are also considered important for society, as they can contribute to
strengthen democracy, encouraging civil society to take an active role in economic, social and political affairs.
This paper analyses the employment effects of mergers and acquisitions (M&As) by using matched establishment-level data from Finland over the period 1989–2003. The data covers all sectors. We compare the employment effects of cross-border M&As with the effects arising from two different types of domestic M&As and internal restructurings. The results reveal that cross-border M&As lead to downsizing in manufacturing employment. The effects of cross-border M&As on employment in nonmanufacturing are much weaker. Changes in ownership associated with domestic M&As and internal restructurings also typically cause employment losses, but they exhibit an interesting sectoral variation.
This paper studies costs and benefits of institutional harmonisation in the context of EU relations with its neighbors. The purpose of this paper is to outline the likely forms of institutional harmonisation between the EU and its Eastern neighbors and provide an
overview of the methodologies that can be used in measuring its effects (costs and benefits). This paper serves as a background for two measurement exercises – one on benefits and another on costs – that are to be undertaken during the second stage of research.
Authored by: Veliko Dimitrov, Vladimir Dubrovskiy, Anna Kolesnichenko, Irina Orlova
Published in 2007
This paper reviews the published literature on the definition and measurement of the administrative and compliance costs of taxation, with special reference to VAT (including evasion and fraud) in the European Union.
Written by Luca Barbone, Richard M. Bird, and Jaime Vasquez-Caro. Published in March, 2012.
See more on our website: http://www.case-research.eu/en/node/57573
Celem artykułu jest analiza polityki handlowej Unii Europejskiej wobec Chin w kontekście
zmian jakie są związane z wygaśnięciem okresu przejściowego członkostwa Chin w WTO,
które nastąpiło w grudniu 2016 roku. Wygaśnięcie owego okresu przejściowego wymusza na
Unii Europejskiej pewne zamiany zwłaszcza w postępowaniach antydumpingowych. Dla zrealizowania celu pracy przyjęto że przyznanie lub nie statusu gospodarki rynkowej Chinom jest
przede wszystkim decyzją polityczną wymagającą uwzględniani sprzecznych interesów państw
członkowskich UE.
Główny cel niniejszej pracy obejmuje ocenę znaczenia Wspólnej Polityki Handlowej (WPH)
dla UE i zrozumienie jej roli w perspektywie globalnej. Pertraktacje w sprawie Transatlantyckiego Partnerstwa w dziedzinie Handlu i Inwestycji (TTIP) są analizowane przez pryzmat historii formacji, celów, osiągnięć i kwestii nierozwiązanych WPH. Ważnym wynikiem badania
jest stwierdzenie, że Europejskie/Unijne próby prowadzenia odpolitycznionej wspólnej polityki
handlowej kolidują z jej celami eksportu wartości. Zobowiązanie do preferencyjnego traktowania rozwijających się i najsłabiej rozwiniętych krajów stwarza pole niestabilności i zagrożenia
podwójnych standardów. Aktualne rozmowy w sprawie strefy wolnego handlu pomiędzy EU
i USA pozostają szczególnym przypadkiem, który ujawnia braki, ale także osiągnięcia WPH i jej rolę w handlu światowym. Negocjacje TTIP są kamieniem milowym w procesie opracowania globalnych standardów handlowych. Jeżeli wyczerpujące biurokratyczne pertraktacje wyglądają niewygodnie dla realpolitik Stanów Zjednoczonych, to świetnie pasują do WPH, która
była tworzona w ten sam sposób.
Sławomir Dudzik, Współpraca Komisji Europejskiej z organami ochrony konkurenc...Michal
Sławomir Dudzik seminal work, Cooperation between the Commission and national
competition policy agencies in enterprise concentration control, was published and issued
in 2010 by Wolters Kluwer. It consists of a Preface, six chapters, and a separate
Conclusion, totalling 355 pages. Mr. Dudzik’s work is devoted to a very important
element of competition law, which while theoretically complicated is of great practical
significance. Already in the Preface the author relates, in a convincing fashion,
that as a result, inter alia, of the processes of globalisation ‘cooperation between
governmental competition policy agencies in various jurisdictions in the matter of
control over enterprise concentration has assumed a special significance in recent
years’ (p. 16). They have assigned to themselves the difficult task of defining the
‘principles governing the division of competences between the European Commission
and the national competition policy agencies of the member states of the EU with
regard to enterprise concentration control, as well as delineation of the scope of EU
jurisdiction in this area and related matters with regard to non-EU states’ (p. 17).
In the opinion of this reviewer, Mr. Dudzik fully realises the difficult task he set for
himself.
SWIMMING IN THE SPAGHETTI BOWL: CHALLENGES FOR DEVELOPING COUNTRIES UNDER THE...Ira Kristina Lumban Tobing
What: This paper present the new challenges for developing countries in the context of regional integration and multilateral negotiations and the implications for their development perspectives. It focuses on the issue of preferential trade in services to study its compatibility with the GATS provisions. Who: Students and teachers interested in the new regionalism and its consequences. How: Presentation of new regionalism and opportunities for developing countries that could be used as a basis for a course.
Polish Political Science Yearbook, 2017
The Amsterdam Treaty has established the Area of Freedom, Security and Justice (AFSJ). Since then, it is an example of a policy-making area creating its way quickly and comprehensively. However, in this paper the main dilemma is to what extent the Schengen development has modified the framework of AFSJ and how it adapts in this policy while being an example of enhanced cooperation and differentiated integration model. Developments in this area are part of a realisation that European states need to act together to better face new challenges to peace and internal security, while ensuring respect for democracy and human rights. It is important to add, that cooperation in the Area of Freedom Security and Justice has been driven by forces different from that seen in other policy areas.
The aim of this work is to present an in depth understanding of the conceptual framework of active ageing policies, which have been created and implemented in Poland. The discussion of active ageing in employment in Poland started relatively late. The first discussions on the unfavourable situation of elderly employment emerged only in the second half of the 1990s, when the debate on the pension system reform started. While only a few ageing policies were developed at the national level during that time, several interesting initiatives were undertaken at a regional level and in the third sector. They were mostly focused on productive ageing and the problems associated with the economic activation of people over 50. The intensive implementation of the active ageing policies in Poland started in 2012, during the European Year of Active Ageing. At present, there is an intense discussion on policies addressed to the elderly, which concentrate not only on the activation of the labour market, but also on healthy, active and socially inclusive ageing, education andcivil engagement.
This paper concludes that despite intense work being done by public authorities, the concept still needs a deeper implementation - especially at the regional level. Furthermore, close observation and evaluation of the activation programmes is still missing and the identification and implementation of good practices which are already being developed in other European countries is under-used.
Authored by: Izabela Styczynska
The tax neutrality principle was defined as a tax system not influencing the taxpayers’ business decisions. Economists usually use ‘the no tax world’ as the baseline to decide if a specific tax measure is ‘neutral. If a taxpayer’s reaction to a specific tax is the same as if there is no such tax, then it is neutral. Such formulation of tax neutrality is inappropriate to evaluate taxation in a regional market as European Union. This paper estab- lishes a new normative framework for evaluating the EU corporate tax law reform project, the Common Consolidated Corporate Tax Base (CCCTB) Proposal, that aims to properly tax MNE taxpayers’ cross-border income by a pre-decided formula. The tax neutrality principle should be not be based on the no-tax baseline but interpreted as ‘faithfully reflecting the taxpayers’ economic activities throughout EU’. EU Member States should maintain proper fiscal autonomy to decide their actual administration inputs (the public benefit provided) and their own method to implement the EU level corporate group taxation (the subsidiarity principle). This trio-formulated neutrality concept falls between Rawls’ liberalism theory and Nozick’s libertarianism theory, closer to Liam Murphy and Thomas Nagel’s tax jus- tice theory. Such trio-combination also better regulates the interactions of the three actors in the EU internal market: EU, Member States and MNE taxpayers. This reformed neutrality is a more appropriate norm than one single economic or legal principle for the EU corporate tax reform.
Keywords: European Union – Common Consolidated Corporate Tax Base (CCCTB) – the tax neutrality – the benefit principle – liberalism – libertar- ianism – the subsidiarity principle – Formulary Apportionment – tax justice
Trade and global supply chains (GSCs) have undoubtedly created opportunities for economic and social development in many countries. Given that enterprises compete globally, labour standards have the important role to create a level-playing field among all actors, prevent a “race to the bottom”, and make sure that gains of trade and GSCs are shared in a more inclusive manner. Over the past decades, the number of bilateral and multilateral trade agreements that makes reference to labour standards has increased. The presentation will show the main findings of ILO’s recent studies on labour provisions in trade agreements, looking at trends in the use of labour provisions and their impact. It will also explore the role of labour provisions as an entry point to more generally discuss the labour market implications of trade, trade policies and GSCs.
In this research paper, the author focuses on the analysis of the implications of the Transatlantic Trade and Investment Partnership (TTIP) for China. In the
recently launched TTIP negotiations between the USA and the European Union, it
has been emphasized that the talks will make reducing regulatory barriers a signature
issue. The emphasis on overcoming these barriers has generated some excitement,
with large figures being offered as estimates of the resulting economic gains. New
agreements to remove trade barriers aim at reducing dead-weight costs and increasing
net social gains from international trade. This paper examines the problem of regulatory barriers and offers an assessment of what can be achieved. Ideally, the best way
to address problems arising from regulatory divergence would be to take into account
the relations of the EU and USA with China in terms of multilateral collaboration.
The main aim of the paper is the presentation of the TTIP’s implications for China.
The particular objective of the research task here is the regulatory trade barriers in the
USA-EU foreign trade policy, the nature and the promoters of the Transatlantic Trade
and Investment Partnership (TTIP), interrelationship between regulatory standards
and international cooperation in the TTIP, and TTIP’s impact on China.
Cooperatives can play a crucial role in the economy, contributing to the stabilization of markets by addressing market
failures, countervailing concentrated market powers, internalizing social costs, reducing information asymmetries, or
producing collective or trust goods and services. Cooperatives are said to be more resilient in times of
crisis. They are also considered important for society, as they can contribute to
strengthen democracy, encouraging civil society to take an active role in economic, social and political affairs.
This paper analyses the employment effects of mergers and acquisitions (M&As) by using matched establishment-level data from Finland over the period 1989–2003. The data covers all sectors. We compare the employment effects of cross-border M&As with the effects arising from two different types of domestic M&As and internal restructurings. The results reveal that cross-border M&As lead to downsizing in manufacturing employment. The effects of cross-border M&As on employment in nonmanufacturing are much weaker. Changes in ownership associated with domestic M&As and internal restructurings also typically cause employment losses, but they exhibit an interesting sectoral variation.
This paper studies costs and benefits of institutional harmonisation in the context of EU relations with its neighbors. The purpose of this paper is to outline the likely forms of institutional harmonisation between the EU and its Eastern neighbors and provide an
overview of the methodologies that can be used in measuring its effects (costs and benefits). This paper serves as a background for two measurement exercises – one on benefits and another on costs – that are to be undertaken during the second stage of research.
Authored by: Veliko Dimitrov, Vladimir Dubrovskiy, Anna Kolesnichenko, Irina Orlova
Published in 2007
This paper reviews the published literature on the definition and measurement of the administrative and compliance costs of taxation, with special reference to VAT (including evasion and fraud) in the European Union.
Written by Luca Barbone, Richard M. Bird, and Jaime Vasquez-Caro. Published in March, 2012.
See more on our website: http://www.case-research.eu/en/node/57573
Celem artykułu jest analiza polityki handlowej Unii Europejskiej wobec Chin w kontekście
zmian jakie są związane z wygaśnięciem okresu przejściowego członkostwa Chin w WTO,
które nastąpiło w grudniu 2016 roku. Wygaśnięcie owego okresu przejściowego wymusza na
Unii Europejskiej pewne zamiany zwłaszcza w postępowaniach antydumpingowych. Dla zrealizowania celu pracy przyjęto że przyznanie lub nie statusu gospodarki rynkowej Chinom jest
przede wszystkim decyzją polityczną wymagającą uwzględniani sprzecznych interesów państw
członkowskich UE.
Główny cel niniejszej pracy obejmuje ocenę znaczenia Wspólnej Polityki Handlowej (WPH)
dla UE i zrozumienie jej roli w perspektywie globalnej. Pertraktacje w sprawie Transatlantyckiego Partnerstwa w dziedzinie Handlu i Inwestycji (TTIP) są analizowane przez pryzmat historii formacji, celów, osiągnięć i kwestii nierozwiązanych WPH. Ważnym wynikiem badania
jest stwierdzenie, że Europejskie/Unijne próby prowadzenia odpolitycznionej wspólnej polityki
handlowej kolidują z jej celami eksportu wartości. Zobowiązanie do preferencyjnego traktowania rozwijających się i najsłabiej rozwiniętych krajów stwarza pole niestabilności i zagrożenia
podwójnych standardów. Aktualne rozmowy w sprawie strefy wolnego handlu pomiędzy EU
i USA pozostają szczególnym przypadkiem, który ujawnia braki, ale także osiągnięcia WPH i jej rolę w handlu światowym. Negocjacje TTIP są kamieniem milowym w procesie opracowania globalnych standardów handlowych. Jeżeli wyczerpujące biurokratyczne pertraktacje wyglądają niewygodnie dla realpolitik Stanów Zjednoczonych, to świetnie pasują do WPH, która
była tworzona w ten sam sposób.
Sławomir Dudzik, Współpraca Komisji Europejskiej z organami ochrony konkurenc...Michal
Sławomir Dudzik seminal work, Cooperation between the Commission and national
competition policy agencies in enterprise concentration control, was published and issued
in 2010 by Wolters Kluwer. It consists of a Preface, six chapters, and a separate
Conclusion, totalling 355 pages. Mr. Dudzik’s work is devoted to a very important
element of competition law, which while theoretically complicated is of great practical
significance. Already in the Preface the author relates, in a convincing fashion,
that as a result, inter alia, of the processes of globalisation ‘cooperation between
governmental competition policy agencies in various jurisdictions in the matter of
control over enterprise concentration has assumed a special significance in recent
years’ (p. 16). They have assigned to themselves the difficult task of defining the
‘principles governing the division of competences between the European Commission
and the national competition policy agencies of the member states of the EU with
regard to enterprise concentration control, as well as delineation of the scope of EU
jurisdiction in this area and related matters with regard to non-EU states’ (p. 17).
In the opinion of this reviewer, Mr. Dudzik fully realises the difficult task he set for
himself.
SWIMMING IN THE SPAGHETTI BOWL: CHALLENGES FOR DEVELOPING COUNTRIES UNDER THE...Ira Kristina Lumban Tobing
What: This paper present the new challenges for developing countries in the context of regional integration and multilateral negotiations and the implications for their development perspectives. It focuses on the issue of preferential trade in services to study its compatibility with the GATS provisions. Who: Students and teachers interested in the new regionalism and its consequences. How: Presentation of new regionalism and opportunities for developing countries that could be used as a basis for a course.
Polish Political Science Yearbook, 2017
The Amsterdam Treaty has established the Area of Freedom, Security and Justice (AFSJ). Since then, it is an example of a policy-making area creating its way quickly and comprehensively. However, in this paper the main dilemma is to what extent the Schengen development has modified the framework of AFSJ and how it adapts in this policy while being an example of enhanced cooperation and differentiated integration model. Developments in this area are part of a realisation that European states need to act together to better face new challenges to peace and internal security, while ensuring respect for democracy and human rights. It is important to add, that cooperation in the Area of Freedom Security and Justice has been driven by forces different from that seen in other policy areas.
The aim of this work is to present an in depth understanding of the conceptual framework of active ageing policies, which have been created and implemented in Poland. The discussion of active ageing in employment in Poland started relatively late. The first discussions on the unfavourable situation of elderly employment emerged only in the second half of the 1990s, when the debate on the pension system reform started. While only a few ageing policies were developed at the national level during that time, several interesting initiatives were undertaken at a regional level and in the third sector. They were mostly focused on productive ageing and the problems associated with the economic activation of people over 50. The intensive implementation of the active ageing policies in Poland started in 2012, during the European Year of Active Ageing. At present, there is an intense discussion on policies addressed to the elderly, which concentrate not only on the activation of the labour market, but also on healthy, active and socially inclusive ageing, education andcivil engagement.
This paper concludes that despite intense work being done by public authorities, the concept still needs a deeper implementation - especially at the regional level. Furthermore, close observation and evaluation of the activation programmes is still missing and the identification and implementation of good practices which are already being developed in other European countries is under-used.
Authored by: Izabela Styczynska
The tax neutrality principle was defined as a tax system not influencing the taxpayers’ business decisions. Economists usually use ‘the no tax world’ as the baseline to decide if a specific tax measure is ‘neutral. If a taxpayer’s reaction to a specific tax is the same as if there is no such tax, then it is neutral. Such formulation of tax neutrality is inappropriate to evaluate taxation in a regional market as European Union. This paper estab- lishes a new normative framework for evaluating the EU corporate tax law reform project, the Common Consolidated Corporate Tax Base (CCCTB) Proposal, that aims to properly tax MNE taxpayers’ cross-border income by a pre-decided formula. The tax neutrality principle should be not be based on the no-tax baseline but interpreted as ‘faithfully reflecting the taxpayers’ economic activities throughout EU’. EU Member States should maintain proper fiscal autonomy to decide their actual administration inputs (the public benefit provided) and their own method to implement the EU level corporate group taxation (the subsidiarity principle). This trio-formulated neutrality concept falls between Rawls’ liberalism theory and Nozick’s libertarianism theory, closer to Liam Murphy and Thomas Nagel’s tax jus- tice theory. Such trio-combination also better regulates the interactions of the three actors in the EU internal market: EU, Member States and MNE taxpayers. This reformed neutrality is a more appropriate norm than one single economic or legal principle for the EU corporate tax reform.
Keywords: European Union – Common Consolidated Corporate Tax Base (CCCTB) – the tax neutrality – the benefit principle – liberalism – libertar- ianism – the subsidiarity principle – Formulary Apportionment – tax justice
Trade and global supply chains (GSCs) have undoubtedly created opportunities for economic and social development in many countries. Given that enterprises compete globally, labour standards have the important role to create a level-playing field among all actors, prevent a “race to the bottom”, and make sure that gains of trade and GSCs are shared in a more inclusive manner. Over the past decades, the number of bilateral and multilateral trade agreements that makes reference to labour standards has increased. The presentation will show the main findings of ILO’s recent studies on labour provisions in trade agreements, looking at trends in the use of labour provisions and their impact. It will also explore the role of labour provisions as an entry point to more generally discuss the labour market implications of trade, trade policies and GSCs.
In this research paper, the author focuses on the analysis of the implications of the Transatlantic Trade and Investment Partnership (TTIP) for China. In the
recently launched TTIP negotiations between the USA and the European Union, it
has been emphasized that the talks will make reducing regulatory barriers a signature
issue. The emphasis on overcoming these barriers has generated some excitement,
with large figures being offered as estimates of the resulting economic gains. New
agreements to remove trade barriers aim at reducing dead-weight costs and increasing
net social gains from international trade. This paper examines the problem of regulatory barriers and offers an assessment of what can be achieved. Ideally, the best way
to address problems arising from regulatory divergence would be to take into account
the relations of the EU and USA with China in terms of multilateral collaboration.
The main aim of the paper is the presentation of the TTIP’s implications for China.
The particular objective of the research task here is the regulatory trade barriers in the
USA-EU foreign trade policy, the nature and the promoters of the Transatlantic Trade
and Investment Partnership (TTIP), interrelationship between regulatory standards
and international cooperation in the TTIP, and TTIP’s impact on China.
Read the complete article, see videos and more studies:
http://ged-project.de/2014/02/07/benefits-transatlantic-free-trade-deal/
Who are the winners and losers in a Transatlantic Trade and Investment Partnership (TTIP). What does TTIP mean for employment? How would TTIP affect economic disparities in the EU? Are the effects on the EU single market a threat to European cohesion?
Political Economy of Multilateral Economic Cooperation and Third World Develo...inventionjournals
This paper undertook a longitudinal study of the evolution of international cooperation for the development of the Third World in the context of the Lome Conventions and their successors and the implications for Nigeria as a country. Based on a survey of the extant literature on the subject, the paper discovered the long duration of the close cooperation between the two partners did not offset the incapacity of the relationship to impact positively on the economic status of the ACP States that have been adjudged to have remained underdeveloped, stagnated and engrossed in poverty, in spite of the frequent changes in the cooperation instruments, the duration of the various Conventions and the continuous expansion of the cooperation partners on both sides. The paper came to the conclusion that the failure of this instance of NorthSouth cooperation to leverage Nigeria’s economic development and the transition to regionally based Economic Partnership Agreements (EPAs) has had very deleterious impact on Nigeria’s regional and South/South cooperation by destroying a major convergence zone of Nigeria’s foreign policy which used to be centered around the Lome Convention. The major recommendation of the paper is that unless the new ECOWAS-EU Economic Partnership Agreement (EPA) is revised to the satisfaction of relevant Nigerian Stake-holders, namely the Manufacturers Association of Nigeria (MAN), it should be repudiated.
ECONOMIC PARTNERSHIP AGREEMENTS: COMPARATIVE ANALYSIS OF THE AGRICULTURAL PR...Ira Kristina Lumban Tobing
Case study by UNCTAD, 2010, 99 pages
Categories: Commodities, Regional and Bilateral Trade Agreements
This study analyses the development implications of the agricultural provisions of the Economic Partnership Agreements (EPAs) between the European Union (EU) and 36 African,Caribbean and Pacific (ACP) countries. It is argued that, for most countries, the loss of EU preferences was the decisive factor in signing the EPA, while the additional gains of improved market access have been limited. With respect to ACP countries’ import liberalization commitments, the analysis shows that ACP agricultural markets are not exposed per se to EU products but are affected very differently.
Although competitiveness is a world very often used in literature it is seldom to be found in economic textbook which prefer the term comparative advantage much narrowly defining formula describinginternational specialization. As Porter underlines comparative advantage and competitiveness (competitive advantage) do not overlap because competitiveness is much wider concept. Competitiveness is an ambiguous notion. In literature there are many approaches to competitiveness and many ways of defining and measuring it. Partly it is a result of the lack of general theory of competitiveness and the fact that this category is of business rather than theoretical origins. Paper systematizes and presents results of analysis on competitiveness of the accession countries which are based on three approaches to competitiveness: macro, micro and trade approach.
Authored by: Anna Wziatek-Kubiak
Published in 2006
In this article, the author describes the concept of carbon trading , its global market ,mechanism of global trading, international organization, EUETS, relationship between REDD and carbon market in relation with agreements of Paris convention. The 10 myths of REDD+ and carbon market are additional features which can explore future research. The paper highlighted India’s roadmap for carbon market potentiality in 2020.
To regulate or not to regulate – economic approachMichal
The aim of this paper is to present an Indefeasible Right of Use (IRU) as a possible
remedy for telecom infrastructure EU projects that (in Poland) have been lagged
behind the time. Thanks for IRU, Beneficiaries of these EU projects will be able
to save both: time and money and will finish projects successfully. The author
discusses two possible methods of implementing IRU: via regulatory obligation and
via incumbent’s goodwill. The author proposes a game theory model with payoffs
depending on regulator’s and incumbent’s strategies. Using a game theory tree,
the author shows that if only the incumbent is willing to offer his own network,
IRU may be signed and most delays in EU projects disappear. The success is not
so obvious while implementing IRU as an obligation – in this case EU projects
will probably fail.
The European Commission published a White Paper on 2 April 2008 on damages
actions for breach of EU antitrust rules. The content of the White Paper is since
then being prepared to be converted into EU legislation on private antitrust
enforcement. This paper presents the developments in private antitrust enforcement
in Poland after 2 April 2008. It commences with an outline of EU actions in
this field which act as an introduction to the more detailed analysis of recent
jurisprudential and legislative developments in Poland. The latter part of the paper
covers, in particular, the 2009 Act on the Pursuit of Claims in Group Proceedings
and the 2011 Act Amending the Civil Procedure Code and Some Other Acts which
abolishes all specific elements of commercial proceedings, including the statutory ‘non-admission of evidence’ principle. These two legal acts are assessed in order
to establish whether their introduction is likely to help facilitate private antitrust
enforcement in Poland and to consider to what an extent are these developments
responding to the challenges outlined by the European Commission.
Sieci szerokopasmowe w polityce telekomunikacyjnej a book reviewMichal
A new book from Professor Stanisław Piątek, an established authority on
telecommunications law, brings the reader closer to the inner workings of broadband
technology in its legal environment. The title reflects the focus of telecoms policy
on access whereby the only access that matters is to the broadband network in its
many variations. The subject matter itself makes the book worth reading, particularly
in the absence of other major Polish works on this topic. Even if some authors
regarded broadband technologies as obsolete years ago1, in reality it still represents
a lion’s share of the telecoms business. Professor Piątek himself is well aware of the
historical and transitory nature of the subject matter when he defines broadband not
by association with any particular technology but as the ability of whatever technology
available at any given moment to provide a certain minimum transmission speed.
Thus the central notion is open to absorb technologies nonexistent as of yet. This in
turn may pose serious regulatory issues as to what future industries will be subject to
regulation, particularly since the distinction between content and carrier regulation
is becoming increasingly blurred.
Media audiovizualne. konflikt regulacyjny w dobie cyfryzacji a book reviewMichal
The book under review here is entitled Audiovisual Media: regulatory conflict in
the digitalisation era by Katarzyna Chalubinska- Jentkiewicz. As the title suggests,
I expected it to be a monograph on new regulatory problems in the increasingly
digital audiovisual field. The sector itself is well known to cause competence conflicts
between the as many as three different regulatory bodies overseeing it in Poland: the
national telecoms regulator (the UKE President), the audiovisual media supervisory
body (the KRRiT) and the competition authority (the UOKiK President). The impact
of the European Commission can also not be overlooked. The book does indeed
deal in great detail with what is seen as the ‘regulatory conflict’ in the audiovisual
field but the approach applied therein is that of the theory of administration and
administrative/constitutional law rather than that of market regulation. As a result,
the analysis focuses primarily on the perceived ‘conflict’ between Poland’s interests
and regulatory competences and the impact exercised by the European Union as
a whole, rather than on any existing or potential internal conflicts. Key to the entire
analysis is the contraposition of the notion of ‘public interest of a nation’ (State) and
the ‘general interest of the EU’ whereby the special characteristics of ‘national’ public
interest are associated with the notion of ‘public morality’ and also, ‘public mission’.
Legislative developments in the aviation sector in 2011 in polandMichal
The Polish Aviation Law Act of 3 July 2002 was amended six times in
2011. The only major change introduced in this period resulted from the
Amendment Act to the Aviation Law Act of 30 June 2011, most of which
entered into force 30 days after its publication1. In fact, changes introduced
thereby were so widespread and crucial to the entire aviation sector that it
can easily be referred to as a completely new law. Considerable effort went
into the preparation of this Act – its first draft was presented as early as 2009
followed by long consultations and the ultimate introduction of a number of
further changes.
Legislative developments in rail transport in 2011 in polandMichal
Most amendments of the Polish rail transport law in 2011 concerned the
organisation of rail transport including: improvements in timetable changing
procedures; mechanisms to ensure the observance and early publication of
timetables; interoperability of the rail system and; certification of train drivers.
Introduced were also some changes meant to restructure the incumbent state
rail operator (in Polish: Polskie Koleje Państwowe; hereafter PKP).
Legislative and jurisprudential developments in the telecommunications sector...Michal
The Telecommunications Law Act1 (in Polish: Prawo Telekomunikacyjne,
hereafter: PT) was subject to a number of amendments in 2011 introduced by
the Amendment Act of 14 April 2011 and the Amendment Act of 16 September
2011 as well as by the separate Act of 30 June 2011 on the implementation of
digital terrestrial television.
In response to the reservations expressed by the European Commission
regarding the compatibility of the way in which regulatory obligations
concerning the setting of wholesale prices are imposed in Poland, the
Amendment Act of 14 April 2011 changed Articles 39 and 40 PT2. The direct
reason for this amendment was set out in a reasoned opinion prepared by the
Commission in October 2010 under Article 258 TFEU3. It was stated therein
that Polish rules regarding the establishment of wholesale prices may give
rise to legal uncertainty and may be discriminatory towards certain telecoms
operators.
Legislative and jurisprudential developments in the postal sector in 2011 in ...Michal
Postal services in Poland are governed by the Postal Law Act of 2003 (in
Polish: Prawo Pocztowe)1 which maintains the monopoly of the public operator
Poczta Polska with respect of letters weighing up to 50 grams. However, Poland
will have to fully liberalize its postal services market by 31 December 2012.
For this reason, the Government adopted on 5 October 2010 Assumptions
for the Draft Postal Law Act as proposed by the Minister of Infrastructure2.
However, the Draft was not placed on the Government’s legislative agenda
for 2011. Thus, the majority of legislative work will have to be completed in
2012, a fact that jeopardizes the implementation of Directive 2008/6/EC. The
latter indicates 31 December 2012 as the deadline beyond which Member
States must not maintain a privileged position of operators providing universal
postal services
Legislative and jurisprudential developments in the energy sector in 2011 in ...Michal
The year 2011 brought about fundamental changes to the legal framework
affecting energy markets in Poland. The most important of these changes
concerned rules on obligatory public trading of electric energy (so-called,
exchange obligation) and the implementation of Nuclear Facilities Projects
and Obligatory Natural Gas Reserve System Projects.
Key legislative and jurisprudential developments of Polish Antitrust Law in 2011Michal
The article presents key developments in Polish antitrust legislation and jurisprudence
of 2011. Its legislative part focuses on the renewal of Polish Group Exemption
Regulations for vertical agreements, specialization and R&D agreements as well as
cooperation agreements in the insurance sector. Noted is also the sole amendment
of the Competition Act introduced in 2011 which concerns the financial liability of
the Polish competition authority. The article covers also the new Guidelines of the
UOKiK President on the criteria and procedures of merger notifications. Presented
in its jurisprudential part is a number of 2011 rulings, mainly those rendered by
the Supreme Court and the Court of Appeals, divided according to their subject
matter with respect to particular types of restrictive practices and other problems
related to the decision-making process of the UOKiK President.
Is the parallel competence set out in regulation 12003 totally clear. case co...Michal
With a motion dated 28th of April 2005 submitted to the President of the Office of
Competition and Consumer Protection (in Polish: Prezes Urzędu Ochrony Konkurencji
i Konsumentów; hereafter, UOKiK President), Tele2 Polska Sp. z o.o. (currently:
Netia S.A., hereafter, Applicant) requested the initiation of antitrust proceedings
against Telekomunikacja Polska S.A. (hereafter, TP). The Polish incumbent, TP, was
alleged to have engaged in practices restricting competition covered by Article 8(1)
and 8(2)(5) of the Act on Competition and Consumer Protection of 15th December
2000 (hereafter, Competition Act 2000) and in Article 82 of the Treaty establishing
European Community (hereafter, TEC), presently, Article 102 of the Treaty on the
functioning of the European Union (hereafter, TFEU).
How to facilitate damage claims private enforcement in croatiaMichal
Ever since the Croatian Competition Agency started functioning in 1997, public
enforcement of competition law has been the norm. Civil actions for breaches of
competition law have been the exception in Croatia. The existing legislation in the
area of competition law makes no effort to incentivise private enforcement. There
are no specific rules in the Competition Act 2009 dedicated to civil actions, except a
single provision that assigns jurisdiction over damages claims to commercial courts.
General tort law is applicable in order to prove damages. A number of issues arise
here mostly due to the complexity of competition cases. These issues were described
in the European Commission’s White Paper on Damages Actions for Breach of
EC Antitrust Rules (2008). The level of uncertainty as regards the outcome of the
claim is high. It seems that special rules need to be adopted in Croatia in order
to improve the position of the injured side. The paper deals with a number of
procedural and substantive law issues relevant to the facilitation of civil proceedings
for antitrust damages. A domestic law perspective is applied taking into account
recent developments in EU competition law and policy.
European audiovisual sector – where business meets society’s needs a book r...Michal
The Centre for Antitrust and Regulatory Studies (CARS), responsible for this
yearbook, also prepares the publication of textbooks and monographs. An Englishlanguage
textbook European Audiovisual Sector: Where business meets society’s needs
written by Dr. Ewelina D. Sage is one of the latest publication in this series
Differentiation between entrepreneurs and its legal consequences. case commentMichal
The discussed judgment was rendered in relation to the dispute between the
President of the Polish Competition Authority (hereafter, UOKiK President) on the
one hand and the Polish Football Association and the broadcaster Canal+ on the
other hand. These two undertakings were party to an agreement on exercising media
rights to football games of the two highest classes of the Polish league. The core of
the dispute consisted of the possibility of deeming the pre-emption right reserved
for Canal+ as a contractual provision restricting competition. The Courts involved
were also forced to answer the question whether performing tasks of a public service
character justified a decrease in the fine imposed by the competition authority
Development of the judicial review of the decisions in slovakiaMichal
The article provides an analysis of the most important judgments rendered by
Slovak courts at the end of 2010, in the course of 2011 and at the beginning of 2012.
The article focuses solely on judicial review of decisions issued by the National
Competition Authority of the Slovak Republic.
Slovak courts dealt with several key issues concerning public enforcement
of competition law such as: the application of the so-called ‘general clause’;
competences of the Slovak competition authority in regulated sectors; and the
application of the economic continuity test. Some of the conclusions resulting from
these judgments may be considered disputable. It may be argued, in particular, that
they may jeopardize the effective enforcement of competition law in the Slovak Republic. At the same time, the discussed jurisprudence has managed to clarify
a number of key issues which had been subject to debate for a number of years. The
article presents a review of these judgments, summarizes their key conclusions and
considers their possible impact on the system of public enforcement of competition
law in the Slovak Republic. The article is divided into a number of parts, each of
which covers an individual case, the titles of which refers to the main topic that was
under discussion in the presented judgment.
Commission guidelines on assessment of significant market power. case commentMichal
The ruling of the Court of Justice (hereafter, CJ) in the PTC case concerns the
interpretation of Article 58 of the Treaty of Accession1 establishing an obligation
to publish EU legal acts in the languages of Member States which accessed the EU
on 1 May 2004. A controversy emerged in this context whether the said obligation
also applied to European Commission Guidelines on relevant market analysis and
the assessment of significant market power in the field of electronic communication
(hereafter, 2002 Guidelines)2. In general, guidelines issued by the Commission are
regarded as acts of soft law, also called innominate acts or sui generis acts.
In the fifth year of its activities CARS focused on the pursuit of a number of
goals set in its founding documents. It was a particularly busy year for its Publishing
Programme which saw the issue of 6 separate titles: two monographs, an Englishlanguage
textbook, a collective works and two volumes of the ‘Yearbook of Antitrust
and Regulatory Studies’ [a special edition vol. 4(4) and the yearly vol. 4(5)]. 2011 was
also a very active period for the CARS Open PhD Seminar series with four meetings
taking place throughout the year. Several CARS members engaged also in the second
edition of a research project dedicated to regulatory and antitrust aspects of airport
activities (first phase of the project completed in 2010).
What do limitation periods for sanctions in antitrustMichal
Limitation periods represent a legal safeguard for a person who has once
broken the law in order not to be put at risk of sanctions and other legal liabilities
for an indefinite amount of time. By contrast, public interest can sometimes require
that a person who has committed a serious breach of law cannot benefit from
limitation periods and that it is necessary to declare that the law had indeed been
infringed and that legal liability shall be expected irrespective of the passage of
time.
Universal service obligation and loyalty effectsMichal
In network industries, a Universal Service Obligation (USO) is often seen as a burden
on an incumbent, which requires compensation for the net cost of such service
provision. This paper estimates the effects of consumer loyalty as an intangible
benefit of USO in the postal sector. In doing so, the agent-based modelling (ABM)
approach is applied, which makes it possible to model the behaviour of boundedly
rational consumers and is thus particularly appropriate for taking into account
intangibles considerations. The analysis shows that loyalty is crucial to whether
the USO uniform pricing constraint results in loss-making or profitability. Under
certain conditions and in the presence of a loyalty parameter, uniform pricing gives
a USO provider an advantage, when the size of the rural area is sufficiently big
and a disadvantage, if its size is too small. This finding is counterintuitive as USO
providers in countries with sparsely populated areas are typically expected to incur
a significant net cost of USO.
2010 and 2011 eu competition law and case law developments with a nexus to po...Michal
This third overview of EU competition and sector-specific regulatory jurisprudential
and case law developments with a nexus to Poland covers the years 2010 and 2011.
This period of time is worth noting for several reasons. First, EU courts delivered
a significant number of judgments in ‘Polish’ cases including an increased number of
preliminary rulings. Second, 2010-2011 developments were dominated by judgments
and decisions concerning telecoms. Finally, the Commission adopted only a handful
of Polish State aid decisions following a formal investigation procedure under
Article 108(2) TFEU.
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A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
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Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
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Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
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Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
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Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
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While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
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Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
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Molski michalski, międzynarodowa koordynacja polityki konkurencji
1. B O O K S R E V I E W S
Bartosz Michalski, Międzynarodowa koordynacja polityki konkurencji
[International co-ordination of competition policy],
Wydawnictwo Difin, Warszawa 2009, 255 p.
In the face of continuing and increasing globalisation and the proliferation of
national and regional competition laws, international competition law and policy has
become over the last two decades one of the hottest and most widely discussed topics
in the area of antitrust. As a result, extensive scholarly literature has accumulated on
this subject.
Dr. Bartosz Michalski of the University of Wrocław (Institute of International
Relations) has given his readers a very approachable book, which may not be a novelty
to the cognoscenti, familiar with the extensive foreign writings on international
competition law and policy, but which still manages to make a major contribution to
the rather scarce Polish literature on this topic1.
According to the Author, the main aim of this book is to explore the issue of
international co-ordination of competition policy and to find out whether it has
the potential to build a common competition order in the world economy (p. 14).
Though the Author is an economist, his ambition was to also consider non-economic
factors, in particular political and historical considerations. His book fulfils that task
to a substantial degree.
Following an introductory section, the book is organised into five chapters and
a summary. The first chapter provides a brief overview of the origins of competition
policy, its functions and goals. This part explains and sets out the basics of competition
policy. It also contains a thorough analysis of the effects of competition policy on
competitiveness.
1 Previous relevant contributions on this subject by Polish authors have been made by
T. Skoczny, ‘Projekt Międzynarodowego Kodeksu Antymonopolowego’ [‘The Project of
International Antitrust Code’] [in:] Stosunki międzynarodowe i polityka. Wyzwania końca stulecia.
Księga Jubileuszowa na 65-lecie Profesora Bogusława Mrozka [International Relations and Politics.
Challenges of the End of the Century. Jubilee Book on 65th Anniversary of Professor Bogusław
Mrozek], Warszawa 1995; R. Molski, Prawo antymonopolowe w obliczu globalizacji. Kierunki
rozwoju [Antitrust Law in the Face of Globalisation. Directions of Development], Bydgoszcz-
Szczecin 2007; and M. K. Kolasiński, ‘Perspektywy międzynarodowej harmonizacji prawa
antymonopolowego’ [‘Prospects for international harmonisation of antitrust law’] (2008) 10
Państwo i Prawo.
Vol. 2010, 3(3)
2. 318 BOOK REVIEWS
The following four chapters examine the development of international co-operation
in competition law and policy undertaken in the framework of the World Trade
Organisation (WTO), the Organisation for Economic Co-operation and Development
(OECD), the United Nations Conference of Trade and Development (UNCTAD)
and the International Competition Network (ICN). The Author argues (p. 15) that
out of all the international initiatives that have global governance ambitions and wish
to influence the international co-ordination of competition policy, only those four
focus on this issue in a comprehensive manner. He intentionally does not consider
the efforts of the European Community (now the European Union), because of its
regional organisation status. Michalski acknowledges however the EU’s significant
influence on global developments.
The second chapter describes the activities of the WTO. After presenting the
genesis of multilateral co-operation in the field of competition law and policy, starting
from the Havana Charter of 19482, it surveys the most important proposals concerning
international competition law and policy made and discussed in the WTO. The
chapter opens with some historic considerations concerning the Singapore, Geneva,
Seattle, Doha and Cancún WTO Ministerial Conferences. It continues with a more
detailed discussion of several particularly significant problems negotiated within the
WTO Working Group on the Interaction between Trade and Competition Policy:
the interconnections between trade and competition policy in fostering economic
development and growth; the impact of anti-competitive practices on the development
of international trade; the relationship between competition policy and foreign direct
investments; the exchange of information and technical assistance in capacity building
to developing countries and, finally; WTO’s failed efforts to achieve global consensus
and to complete a formal agreement on competition policy matters. The positions of
Poland and the EU, approving those efforts and promoting the idea of an international
competition agreement within the WTO, are duly presented.
The third chapter is dedicated to the co-ordination of competition policy among
the members of the OECD. After some remarks concerning the genesis and specific
attributes of its co-operation, the Author describes the series of non-binding
recommendations issued by the OECD concerning ‘best practices’ with respect to
cartels, mergers and co-operation. He also explores competition policy challenges
typical for developed countries with well established competition law systems, i.e. the
abuse of dominant position, cartels, anticompetitive mergers and sectors regulated by
the state. Emphasis is placed here also on the need to set free the ‘invisible hand of
market’ from the bureaucratic burden. This part of the discussion may serve as a brief
but solid explanation of the practical problems of competition policy enforcement and
the deepening of international co-operation in this field.
2 The earliest recorded proposals for regulating international anti-competitive conduct
actually date back as far as a World Economic Forum hosted by the League of Nations in
1927; see D. J. Gerber, Law and Competition in Twentieth Century Europe: Protecting Prometheus,
Oxford 2003, pp. 159–161; W. L. Runciman, ‘The World Economic Conference at Geneva’
(1927) 37(147) The Economic Journal 468.
YEARBOOK of ANTITRUST and REGULATORY STUDIES
3. Międzynarodowa koordynacja polityki konkurencji 319
The forth chapter highlights the contribution of UNCTAD to the emergence of an
international competition order and the specifics of the approach pursued by this body.
The legal and organisational aspects of its co-operation are among the issued covered.
Particular attention is paid to one of its most remarkable achievements – the 1980 Set
of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive
Business Practices, which remains the only universally applicable instrument in the
area of antitrust, though it has no binding force and little effect in practical terms.
Another important effort of UNCTAD discussed here in greater detail is the model
law on competition, conceived as a manual for developing countries implementing
competition law. Considering UNCTAD’s aim to assist the latter in the promotion of
their economies and integrating them into the world economy, it is quite natural that
the Author specifically explores the idea of competition law and policy as the factor
which stimulates economic growth and progress of developing countries.
The fifth chapter is devoted to the emerging role of the ICN. This is a relatively
new form of international co-operation which, due to its dynamics, proves to be quite
successful especially in relation to the transfer of knowledge and expertise, which in turn
spreads competition culture amongst antitrust agencies all over the world. The ICN is
an informal network of competition authorities from developed as well as developing
countries which has the form of a virtual organisation. Its purpose is to facilitate co-
ordination by maintaining regular contacts between national competition authorities
and addressing practical competition concerns. The ICN is meant to complement and
to fill the gaps in the work of other international forums such as the WTO, the OECD
and UNCTAD rather than to duplicate their efforts. It focuses on issues essential from
the perspective of the world economy (multijurisdictional mergers, cartel agreements,
technical assistance related to competition policy implementation as well as regulated
and state owned sectors).
On the basis of the research carried out in this monograph, Michalski concludes
in the summary that the efforts put into the formalisation and reinforcement of
international co-operation in competition policy have been induced by the successful
trade liberalisation (p. 231). As he points out, it somewhat resembles the phenomenon
of progression in the process of economic integration which starts with simple and
progresses to more complex stages. Increasingly, international organisations take
actions in order to protect the benefits of trade liberalisation from anticompetitive
practices of international business. Such activities are usually resisted by countries
the economic systems of which (because of ‘the heritage of the past’) are not yet
prepared for the potential challenges of the new reality. Michalski aptly observes
that a level of scepticism persists concerning the principles of the world’s economic
order adopted or negotiated nowadays, because they condemn the activities recently
used and appreciated by the advanced economies as stimulating economic growth and
development (pp. 231–232). The Author puts it bluntly that the theory stands in stark
opposition to the declarations and suggested reforms (p. 232).
Michalski is realistic in his assertion that ‘soft’ co-operation is the most effective
method of building supranational competition governance. A formal (legally binding)
agreement would certainly reduce the perceived freedom and sovereignty of many
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4. 320 BOOK REVIEWS
states, the prospect of which attracts their strong opposition (p. 232). Nevertheless, he
is fairly critical of the soft approach to international competition policy, which offers
many advantages but could also result in a threat that only second or even third-best
solutions are put into practice.
Michalski suggests that it is UNCTAD and the ICN that have the strongest potential
to influence the legal and policy reform on the international level. He rightly notes
that both the WTO and the OECD are still regarded as clubs dominated by the rich.
This fact limits their credibility as far as offering solutions to improve the conditions
of social and economic progress of developing countries. However, similar objections
can be raised in relation to the UNCTAD forum, which is often perceived as unduly
favouring the interests of developing nations3. Michalski rightly observes that the
effectiveness of the WTO is limited inter alia by the single undertaking principle
(‘nothing is agreed until everything is agreed’). Nevertheless, its potential for building
an international competition order (especially by providing the institutional vehicle
for a plurilateral competition agreement) is somewhat underestimated4.
In his closing remarks Michalski strongly approves of the primacy of competition
policy within the context of economic policy overall, both national and international
(p. 233). One cannot agree more.
The book under review here is well researched and very informative. It offers
articulate and thought-provoking narration on timely and important topic, contributing
to the ongoing debate on the current trends of competition policy. The sources
consulted by the Author are numerous including exceptionally rich documentation
deriving from the aforementioned international institutions. Only legal writings on
international antitrust are somewhat lacking.
Michalski prefers hard realism in considering the economic aspects of contemporary
international relations as well as positive economic analysis, which is based on ‘what
is’ in the economy rather than on what ‘ought to be’. Such methodological attitude
deserves respect.
This book, as any human enterprise, is not without shortcomings. It is by necessity
selective in its coverage. Hence, some important topics are underrepresented or at
all missing. The title aspires to portray international co-ordination in the realm of
competition policy. However, the actual scope of the book is narrower – it is essentially
a book on competition policy on multilateral or at least plurilateral level. Bilateral
3 See M. Taylor, International Competition Law. A new Dimension for the WTO?, Cambridge
2006, p. 426; see also D. D. Sokol, ‘Monopolists Without Borders: The Institutional Challenge
of International Antitrust in a Global Gilded Age’ (2007) 4(1) Berkeley Business Law Journal
103–104 (noting that ‘In many ways, the UNCTAD is the mirror image of the OECD, except
that it pushes a developing-world agenda rather than a developed-world agenda’, and further
‘Even as the UNCTAD may offer greater legitimacy in representing the perceived needs of
developing-world countries, it is for this very reason that the UNCTAD is less effective as a
participatory vehicle for international antitrust harmonization and implementation’).
4 For arguments in favour of the WTO as a suitable venue for the international competition
agreement see e.g. M. Taylor, International…, pp. 147-184; M. M. Dabbah, The Internationalisation
of Antitrust Policy, Cambridge 2003, p. 292–293.
YEARBOOK of ANTITRUST and REGULATORY STUDIES
5. Międzynarodowa koordynacja polityki konkurencji 321
and regional co-operation are left out almost completely, in spite of the fact that this
type of co-operation is most prevalent in international antitrust today. Nevertheless,
the principle of positive comity, typical for advanced bilateral antitrust co-operation
agreements, has been covered to some extend. Unfortunately, that is not the case as
far as the first comprehensive proposal for an international code of competition law is
concerned presented to GATT/WTO and the OECD in 1993 by the so called Munich
Group of antitrust scholars. Despite its failure, the Draft International Antitrust Code
deserves at least some mention because of its reputation as the most ambitious project
of international antitrust agreement undertaken so far5.
To sum up, the book under review here is a very good monograph written by
a scholar with a strong sense of economics and international relations. It will provide
a source of useful reference for its readers, academic scientists and students in
particular, interested in the difficult and challenging problem of international co-
ordination of competition policy.
Dr. hab. Rajmund Molski
Chair of Civil and Commercial Law,
Faculty of Law and Administration, University of Szczecin
5 See T. Skoczny, ‘Projekt...’; D. J. Gifford, ‘The Draft International Antitrust Code
Proposed at Munich: Good Intentions Gone Away’ (1997) 6 Minnesota Journal of Global Trade,
pp. 1–66.
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