The Normative Foundations of European Competition Law

Andriychuk, Oles

doi:10.4337/9781786436078

2017

DOI: 10.4337/9781786436078

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The Normative Foundations of European Competition Law

Oles Andriychuk¹

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Cited by 6 publications

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“…Outside the EU, the New Brandeis movement in the USA suggests that antitrust law should not be limited to the lessons of the Chicago School of economics(Khan, 2018), while in the EU the dominant view has been that EU competition law has multiple goals besides economic efficiency and consumer welfare, such as, for instance, the improvement of the internal market(Andriychuk, 2017) Cengiz (2021). even suggests a shift from consumer welfare to citizen welfare.…”

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Collective agreements on working conditions of solo self-employed persons: perspective of EU competition law

Jurkowska-Gomułka,

Piszcz,

Pais

2024

Białostockie Studia Prawnicze

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The 2022 Guidelines of the European Commission on the application of EU competition law to collective agreements regarding the working conditions of solo self-employed persons apparently introduced a fresh approach towards collective agreements in a gig economy era. The main aim of this paper is to discuss whether the 2022 Guidelines are an appropriate tool to address the problems of solo self-employed persons (i.e. persons who are not in a formal employment relationship and who rely primarily on their own personal labour to provide services) from the perspective of EU competition law. To this end, we first present key competition problems related to collective agreements (section 1). Second, we analyse the regulatory framework for exemptions from competition law, with a view for a potential exemption relevant for collective agreements, as well as an approach to collective agreements in EU case law (sections 2 and 3). Third, the background for adopting the Guidelines, and their goals, is analysed (sections 4 and 5). Fourth, the Guidelines are discussed in more detail in sections 6 and 7 from the perspective of exemptions from Art. 101(1) TFEU. Finally, we examine the relationship between the Guidelines and a proposal for a platform work directive. The article attempts to verify the hypothesis that the Guidelines may be considered a pseudo-development.

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confidence: 99%

Collective agreements on working conditions of solo self-employed persons: perspective of EU competition law

Jurkowska-Gomułka,

Piszcz,

Pais

2024

Białostockie Studia Prawnicze

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“…Thus, according to a study by scientists of the NSC "Institute of Agrarian Economics", the profit from 1 ton of products in agricultural holdings was lower compared to traditional farms for wheat by 78%, corn by 38%, sunflower by 80% (Lupenko, Kropivko, 2013). According to a study of V. Andriychuk andI. Sas, in 2014-2015 the profitability of wheat in agricultural holdings was on 7-11% lower compared to uncontrolled farms (Andriychuk, Sas, 2017).…”

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confidence: 99%

“…According to a study of V. Andriychuk andI. Sas, in 2014-2015 the profitability of wheat in agricultural holdings was on 7-11% lower compared to uncontrolled farms (Andriychuk, Sas, 2017).…”

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"Holdingization" of the agricultural sector of Ukraine: consequences and ways of their prevention

Moldavan

Pimenova

2021

Management Theory and Studies for Rural Business and Infrastructure Development

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The aim of the study is to investigate the motives of industrial and trade capital in agricultural sector and the consequences of "holdingization" of an agriculture as well as to substantiate main components of the institutional and legal environment aimed at preventing globalization of land use in national agriculture. The following methods were used: monographic (analysis of the distribution of agricultural enterprises by the area of agricultural land); comparative analysis (features of globalization processes in land use); empirical (on a comprehensive assessment of social and environmental consequences of the concentration of large tracts of agricultural land in hands of agroholdings); abstractlogical. Due to the weakness of state structures in Ukraine, the lack of their position on the type of farming as the basis of the agricultural system, unregulated circulation of agricultural land is developing of quasi-agroholding commercial structure of production, accompanied by global transformation of agricultural land use, soil-depleting, intensification of migration and other negative processes. It requires the state regulation of the distribution of agricultural land between economic entities, restricting access to land of non-agricultural companies and greening of land use, which together is an important factor in preventing of the formation of oligarchic-latifundist management system in agriculture of Ukraine.

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Competition Overdose: How Free Market Mythology Transformed Us from Citizen Kings to Market Servants by Maurice E Stucke and Ariel Ezrachi. USA: Harper Business, 2020, 402 pp ($32.50 paperback). ISBN: 978-0-06-289283-6.

Andriychuk

2021

Legal stud.

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and Ariel Ezrachi (Professor of Law at the University of Oxford) has triggered a vivid discussion over the ever-fading question on the goals of competition law, economics and policy andmore broadlyon the very nature of the multifaceted phenomenon of competition. The previous blockbuster of the duo, Virtual Competition: The Promise and Perils of the Algorithm-Driven Economy (2016), has generated vocal and diverse feedback, and the authors continue their market success with publishing another thought-provoking piece. The book provokes not only thoughts. From its very title, subtitle, name of chapters, normative position, methodological argumentation and the choice of preprint reviewers, across the selection of case studies and to its very writing style, the book is designed to generate discussion. And for the right reasons. The times when competition policy was perceived as an axiomatic, mathematised, highly technical and pretty much non-controversial area of Law & Economics have gone. Over the last decade, competition has become a great theme again. Full of ideological appeals and statements, mindful of their political pedigree, competition law, economics and policy are transitioning from the mechanistic field of microeconomic modelling to the real world of geopolitical chessboards.A quick look at the composition of the book makes clear the authors' intention to transpose their well-established and highly influential academic reasoning from the narrow world of competition theorists to a broader and more diverse audience. The key objective of the book in this respect is to convince such broader societal circles of the need to reform competition policyor rather to revise our perception of the very essence and the very mission of economic competition as such.The book is in several senses iconoclastic. As skilful diagnosticians, the authors reveal weakness after weakness of the market-centred ethics. The main cures offered by the bookboth in terms of the normative propositions as well as the politicised vocabulary and intentionally approachable argumentative apparatuswill be appealing to many.The authors aim to raise (or perhaps to refine) the ethical dimension in the otherwise morally neutral phenomenon of economic competition and its regulation. It is hard to find a reasonable person disagreeing with the normative premises of the book. It is much easier to find one disagreeing with the enforceability of these intentions.In what follows I will try to articulate ten points for discussion, written as a reflection on the book. We agree on most of the things, disagreeing rather on nuances. I believe, though, that some of those nuances are important.

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The Normative Foundations of European Competition Law

Cited by 6 publications

References 0 publications

Collective agreements on working conditions of solo self-employed persons: perspective of EU competition law

Collective agreements on working conditions of solo self-employed persons: perspective of EU competition law

"Holdingization" of the agricultural sector of Ukraine: consequences and ways of their prevention

Competition Overdose: How Free Market Mythology Transformed Us from Citizen Kings to Market Servants by Maurice E Stucke and Ariel Ezrachi. USA: Harper Business, 2020, 402 pp ($32.50 paperback). ISBN: 978-0-06-289283-6.

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