bluuebunny/crossref_metadata_2025_split huggingface dataset:
The Dangers of Over-Regulation in the Electronic Communications Sector
Authors: Stoyanova Milena 
Published: April 2022

Sector-specific regulation of the electronic communications sector is one of the policy tools aimed at
promotion of competition and correction of market failures resulting from the high levels of market power
possessed by former telecoms monopolists. While, in principle, academics and policy makers concur on the
value added of regulation for increasing social welfare and efficient allocation of resources, their analysis of
past regulatory experience shows that under a number of circumstances regulation can be flawed and lead to
welfare harm rather than benefit. Inappropriately designed sector-specific remedies and regulatory delays in
the introduction of new telecommunications services can hold up the development of the market towards
effective competition and instead might incur considerable welfare losses.1 This article has been shortlisted
for the 2nd World Competition Young Writer’s Award.
Guarding the Pass?The Forthcoming Chinese Competition Legislation
Authors: Lorenz Moritz 
Published: April 2022

Competition legislation is soon to be enacted in the People’s Republic of China. It will cover the three
’’classic’’ pillars of competition law: prohibition of anti-competitive horizontal or vertical agreements,
prohibition of the abuse of a dominant market position and merger control. The new law will considerably
alter the legal landscape for the business operations of domestic and foreign undertakings in China. In
addition, it is another milestone on the way to the transformation of the structure of the Chinese economy
from a planned economy to a market economy. In the following article, the core areas of the new provisions
are discussed and comparisons drawn with EU competition law. This article has been shortlisted for the
2nd World Competition Young Writer’s Award.
An End to Parallel Imports of Medicines? Comments on the Judgment of the Court of First Instance in GlaxoWellcome
Authors: Junod Valérie 
Published: April 2022

In September 2006, the Court of First Instance of the European Union (CFI) issued its judgment in the case opposing GlaxoSmithKline (GSK) to the European Commission. The Commission had found that the dual pricing system introduced by GSK violated the European antitrust rules (Article 81 of the EC Treaty), because it constituted an agreement with wholesalers whose object was to restrict competition by blocking parallel imports of pharmaceuticals. For the Commission, the agreement could not be exempted and was therefore to be prohibited.
The CFI disagreed with the Commission and found that the agreement could qualify for an exemption. More importantly, the CFI ruled that, at least in the pharmaceutical sector, an agreement whose object is to prevent parallel imports by imposing a dual pricing system is not automatically contrary to Article 81, as it cannot be automatically inferred that the end consumer is harmed. This holding is highly questionable in view of the prior EU case law, prohibiting per se agreements with anticompetitive objects. Therefore, the change brought about by the CFI’s judgment could have major ramifications on the innovative pharmaceutical industry which is vigorously opposed to the principle of parallel imports.
Joint Dominance: Mobile Telecommunications in the Ukraine
Authors: Stotyka Yevgeniy 
Published: April 2022

Mobile communications has been the most dynamic sector in the Ukrainian telecommunications industry. The number of customers and revenues of operators have been growing rapidly. The market experienced the recent entry of a new firm and currently there are six active mobile operators. The mobile telecommunications market was once monopolistic, and its concentration is still rather high, since two main players, UMC and Kyivstar, cover most of the market.
The fact that these two major companies have been so far ahead of all other operators since 2000, has attracted the attention of the competition authorities. In September 2004, the Antimonopoly Committee of the Ukraine (AMC) announced it was ready to recognise UMC and Kyivstar as jointly dominant firms. These allegations, if proven, could have dramatic consequences for the two operators, including possible fines and price regulation. The analysis in this article shows the accusations to be groundless and proves there exists intense competition in the marketplace for mobile communications. However, there are competition concerns that should attract the attention of the AMC. After a series of public hearings, the AMC finally decided that the operators are not monopolists.
Remedies to Exclusionary Innovation in the High-Tech Sector: Is there a Lesson from the Microsoft Saga?
Authors: Montagnani Maria Lillà 
Published: April 2022

In the high-tech sector innovative behaviour may have exclusionary effects: In both the Microsoft III and IV cases exclusionary practices centred on innovation were deemed generating both anti- and pro-competitive effects—with the latter overcoming the former—to the extent of requiring an antitrust law intervention. Such intervention presents two problems though. Firstly, the question arises as to when innovation becomes detrimental to competition thereby requiring antitrust remedies to be applied. Secondly, it is to assess how antitrust remedies should be designed in order not to stifle the pro-competitive effects that innovative behaviour, although exclusionary, still generate.
This article addresses both issues above mentioned. The potentially exclusive nature of innovation is the starting point to explore the interface between remedies on the one hand, and (incentives to) innovation on the other, in order to offer considerations on a sound remedies policy.
Liberalization of the EU Electricity Market: Enough to Power Real Progress? Analysis of Ownership Unbundling and the Project for Liberalization of the European Union Electricity Market
Authors: Manoussakis Savas 
Published: April 2022

The recent initiative of the European Commission regarding the unbundling of the vertically integrated electricity sector throughout Europe, together with the controversy and resistance surrounding it, make the issue of ownership unbundling of particular interest.
This article discusses the prior attempts to liberalize electricity markets in California and the United Kingdom and the effects of ownership unbundling on consumer welfare, environmental protection, and energy security. Drawing from both the failure of liberalization in California and the relative success in the United Kingdom, this article concludes that, although necessary, ownership unbundling of vertically integrated electricity markets is not sufficient to foster competitive markets. Regulatory oversight, such as present in the United Kingdom and proposed in the third energy package, is also necessary. Ownership unbundling may also facilitate positive outcomes in the areas of consumer welfare, development of renewable energy, and energy security.
The article further examines the current proposal put forth by the European Commission in its third energy package. We conclude that the Independent Systems Operator (ISO) compromise, providing for two functionally different regimes, undermines the objectives of a unifi ed European electricity market and the benefits it would provide.
The Article 82 Reform: Increasing the Incentives to Comply?
Authors: Finell Lisbe 
Published: April 2022

Some general studies on the effects of competition law rules and enforcement show that regulators are least successful in deterring the breach of abuse of dominant position rules. The present article analyses some reasons for this phenomenon.
The article examines from companies’ perspective the transparency and the administrability of Article 82 of the EC Treaty after its reform. There are certain limitations on competition law having clear and simple rules: the assessment of embedded economic and legal concepts is often a matter of degree, depending on the circumstances of each case. A certain flexibility of the rules, from the enforcer’s side, is therefore important in order to guarantee the vast objective of consumer welfare. Recognizing these and other constraints, the results show that the Commission has correctly increased the transparency and the administrability of the legal standard in Article 82. Nevertheless, in several important respects, the main factors of the legal standard are left open or undefined after the Article 82 reform. This may discourage businesses from investing in internal compliance, and therefore, risk undermining the very purpose of the Guidance Paper.
Calculating the Cartel Fine: A Question of Jurisdiction or a Question of Economic Importance?
Authors: Henry David , Bentley Philip 
Published: April 2022

The Court of Justice’s endorsement in InnoLux Corp v. Commission of the concept ‘direct European Economic Area (EEA) sales through transformed products’ for EU competition law fining purposes is not wholly uncontroversial. Infelicitous consequences arising from the application of this novel concept potentially include: (i) the imposition of excessive and disproportionate penalties, and (ii) the same sales being penalized by a competition authority in a country in which internal sales were made in addition to being penalized by the European Commission. The authors therefore advocate that the EU rules determining which acts can be taken into account for the purposes of determining a fine should be strictly coterminous with the rules on jurisdiction and that third-country competition authorities be encouraged to adopt a similar approach. It is believed that greater legal certainty can be achieved by having symmetry between the rules on jurisdiction and the rules on the sales to be taken into account for the purposes of determining fines. This solution does not exclude an application of the ‘qualified effects’ doctrine to downstream sales by related parties, provided there is adequate evidence to establish the existence of the ‘qualified effects’ in the first place. The rigours of that doctrine are necessary to ensure that the objective of ensuring effective deterrence does not become an autonomous and unruly principle of policy.
The Rebus of Selectivity in Fiscal Aid: A Nonconformist View on and Beyond Case Law
Authors: Merola Massimo 
Published: April 2022

The application of State aid rules to tax measures has become highly controversial, particularly in the last decade; a number of theoretical difficulties and a fierce criticism surround this topic today. The conceptual framework currently deployed by the State aid legal doctrine is insufficient to address the phenomenon of fiscal aid in its entirety. This has resulted in a case-by-case approach by the courts that has generated inconsistencies and legal uncertainty. The author shares his views on how the current legal standards should be revised, also in terms of law policy, e.g. by taking the underlying objectives of the Treaty into full account. The goal being to foster the development of a new approach to assess fiscal aid, built on the distinction between truly macroeconomic measures and measures that (also or mainly) pursue more specific goals. To this end, some broad categories of fiscal measures are discussed. Drafted in a deliberately concise manner, this opinion article does not provide an exhaustive account of the European Union (EU) case law or the decision-making practice of the Commission. Rather, also considering the number of appeals currently pending against Commission decisions and the General Court’s judgments on these issues, reference to specific cases is limited to what is necessary to provide examples of the broad categories of fiscal measures under discussion.
Brexit and Competition Law: The Future Place of the UK Competition Law Regime Internationally
Authors: Dabbah Maher M. 
Published: April 2022

Arguably, the most famous line ever uttered on the decision by British voters of 23 June 2016 to exit from the European Union (EU), is, and always will remain, ‘Brexit means Brexit’. These were the words of the serving British Prime Minister at the time. The triggering of Article 50 of the Treaty on European Union (TEU) – marking the start of the two-year negotiations/ detachment process – eventually occurred on 29 March 2017. That process drew to its end on 29 March 2019. The UK however continues to be an EU Member State. At the time of writing, the UK’s exit from the EU was expected on 31 October 2019, though it is highly uncertain whether this indeed will happen.
This article addresses the competition law related challenges, opportunities and implications of the UK becoming a non-EU Member State from an international perspective. The article analyses in particular the future place and role of the UK competition law regime internationally. The article considers the future international agenda of the UK Competition and Markets Authority (CMA) and the international orientation and standing of the UK competition law regime as a fully independent regime, which is both completely UK and European in orientation.
Brexit and Competition Law: The Future Relationship Between the UK and EU Competition Law Regimes
Authors: Dabbah Maher M. 
Published: April 2022

The United Kingdom’s withdrawal from the European Union and its impending departure from the latter, place the UK and EU competition law regimes in a situation of great uncertainty. From a well-anchored position in which these two regimes have been intertwined and their key actors – the Competition and Markets Authority and the European Commission – enjoy a strong and close association (principally within the European Competition Network), the two regimes are now supposed to go separate ways. This transition could not be more powerful and its implications could not be more serious. Yet, hardly any proper attention has been given to assessing the future relationship between the two regimes especially from a policy perspective.
The present article engages in such assessment. In addressing a number of key issues – notably the relationship between UK and EU competition law and authorities – the article offers a vision and critical analysis of the kind of future relationship the two regimes should have.
Brexit, Competition and Markets Authority, European Commission, cooperation, European Competition Network, UK and EU competition law regimes
A Formalistic Approach to Competition Law and Its Risks: The Curious Case of Roche/Novartis
Authors: Perinetto Patrick Actis 
Published: April 2022

The Roche/Novartis case raised an issue of European competition law so complex that it called upon the intervention of the most important and authoritative judicial body of the European Union, i.e. the Grand Chamber of the Court of Justice. Some of the outcomes of this case are, however, particularly worth analysing because they show to the highest degree the potential logical shortcomings that can be created by combining a too rigid and sterile application of competition law principles with complex factual circumstances. More specifically, in this case the legal questions of the definition of the relevant product market, of the competitive relationship between the parties and of the implications of a licensing agreement between them needed to be adjudicated with reference to the unlawfulness of the creation and marketing of the relevant product, of the marketing of such product by third-parties (and not by one of the infringers) and of the weight of regulatory issues within the competition law assessment. Despite the arguably unique set of facts of the case, the problematic – even contradictory – nature of its findings cautions us against a formalistic application of competition law and shows instead the preference of adopting a substantive approach within the competition law assessment.
Hoffmann-La Roche, Novartis, Avastin, Lucentis, competition law, Article 101 Treaty on the functioning of the European Union (TFEU), off-label, pharmaceuticals, formalism, regulation.
Halal Forensics Issues Involving Three-Dimensional (3D) Printing Technology of Cultured Meat
Authors: Baharuddin Ahmad Syukran , Wan Ismail Wan Abdul Fattah , Abdul Mutalib Lukman , Hashim Hasnizam , Jusof Norma , Mohd Ghazali Mohd Ifwat , Alauddin Mohd Syafiq , Wan Harun Mohammad Amir 
Published: April 2022

Cultured meat has become a trending nowadays. The future of 3D food products is gaining momentum in the coming years. the industry is creating a new paradox where technology is rapidly developing to cope with such big changes. However, several key areas are lacking in particular in Halal forensics where the issues of 3DP meat are are still not discussed thoroughly. This study is emphasizing on the review of halal forensics issues in three-dimensional (3D) printing technology for halal cultured meat. The study uses content analysis methods on published scientific papers and authoritative sources in related fields. The issues presented should be addressed so that the latest technology in the field of nutrition can be utilized to the fullest, especially for the sake of Muslim consumers. Authorities in the fatwas and Islamic jurisprudence should infer specific fatwas in the topic of cultured meat. More research has to be conducted to determine the long-term and short-term effects of this cultured meat on the human body. Matter such as a new analytical method should be proposed and developed to ensure the Halal status of the 3DP meat. Such a method will reduce the vulnerability of Halal food against Halal food fraud. Furthermore, the studies done will be used as a regulatory framework and gold standard for 3DP Halal food products in particular ingredient that contains meat. This study will be a good indicator of the status of 3DP halal food and the potential research that can be conducted in this field.
Taken en bevoegdheden van ministers zonder portefeuille
Authors: Gierveld H.A.J. (Henk) 
Published: April 2022

Taken en bevoegdheden van ministers zonder portefeuille
Het redactioneel is gewijd aan het koninklijk besluit van 10 januari 2022 waarmee minister De Jonge belast werd met aangelegenheden betreffende Volkshuisvesting en Ruimtelijke Ordening. Uit informatie blijkend uit de website rijksoverheid.nl komt naar voren dat minister De Jonge onder andere de Omgevingswet in zijn takenpakket heeft.
Open normen in ruimtelijke regels
Authors: van der Velde J. (Jur) 
Published: April 2022

Open normen in ruimtelijke regels. Is het omgevingsplan een nieuwe fase in een neverending story?
Auteur bespreekt in dit artikel twee recente uitspraken van de Afdeling bestuursrechtspraak over regels met open normen in een bestemmingsplan met verbrede reikwijdte. Het gaat om de uitspraken van 27 oktober 2021 (Maastricht-Belvédère) en van 24 november 2021 (Den Haag-Binckhorst). In het artikel wordt het belang van deze uitspraken voor de huidige bestemmingsplan- en de toekomstige omgevingsplanpraktijk toegelicht. Voor een goed begrip van de uitspraken gaat auteur allereerst kort in op wat open normen zijn. Hij sluit af met enkele aanbevelingen voor de gemeenteraad, indien de raad gebruik maakt van regels met open normen.
The Overflow of Contained Emotions in Anita Rau Badami’s The Hero’s Walk
Authors: González-Rodríguez María Luz 
Published: April 2022

In this article, Anita Rau Badami's second novel, The Hero’s Walk (2000), is analysed through the perspective of the field of affects. This analysis examines how the author, through the imagery of water, presents the non-physical reality of feelings and emotions. Water is the most receptive of the elements, a source of continuous, intimate and transitory metamorphoses. In the form of storms, floods, and other types of natural phenomena related to this element, it is possible to observe how Badami makes use of a metaphorical conceptualisation of intense emotional states related to the psychological trauma that arises from the loss of a loved one. For the purpose of analysis, several important sources in the field of affect theory and water symbolism will be considered. Special emphasis will also be placed on the body (and the house as an integral extension of it) as a receptacle for contained emotions in the processing of pain.
Judima the Traditional Rice Wine and Dimasa Community: a Geographical Review of Dima Hasao
Authors: Jamal Shahid , Upadhyay Aakash , Bajaj Amrita 
Published: April 2022

Judima is a traditional rice beer/wine prepared by the Dimasa tribe especially the women of the Dima Hasao district of Assam. The consumption of rice beer/wine brewed from different varieties of rice is a routine practice among different tribal communities of Assam including Dimasa. The making of Judima wine has become an integral part of their cultural and social life for generations. Though the drink fulfills the criteria for the Geographical Indications (GI) tag, it is still waiting for its GI status. The main objective of the study is to identify and analyse the challenges faced in achieving GI for the Judima traditional rice wine of Dima Hasao and its cultural uniqueness. A household survey was conducted through snowball sampling in 2019 in the Dima Hasao district of Assam, India. After the analysis, it was concluded that if Judima can achieve Geographical Indications status, the Dimasa tribe will get a new identity.
Borgerperspektiver på handicapområdet
Authors: Jönsson Koumaditis Lise , Sand Jørgensen Anthon 
Published: April 2022

DK resuméDenne artikel vil med baggrund i studier om æstetiske udtryksformer i interviews og narrative interviews eksemplificere, hvordan borgerperspektiver på handicapområdet kan informere og udvikle forskning og pædagogisk arbejde. Det er artiklens pointe, at det kræver en øget opmærksomhed og metodisk sensitivitet at få indsigt i hverdagslivet sådan som voksne med udviklingshæmning beskriver det – og at det er forskere og pædagoger, som må tage ansvar for vidensproduktionen. Artiklen bidrager således til den aktuelle debat og diskussionen af, hvordan – og i hvilken udstrækning – vidensproduktion i pædagogikken og i handicapforskningen kan gøres med, af og for mennesker med udviklingshæmning.
Abstract – UK Drawing on studies of the use of aesthetic forms of expression in interviewing and narrative interviews, this article exemplifies how citizen perspectives can inform and develop disability research and pedagogical work. The main argument is that attention and methodological sensitivity are vital when exploring perspectives from people with learning disabilities – and that researchers and pedagogues must take responsibility for the knowledge production. The article contributes to the current dialogue on how – and to what extent – disability research and pedagogical knowledge production can be carried out with, by and for people with learning disabilities.