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Regulação e concorrência nos setores nos setores de infraestrutura: análise do caso brasileiro à luz da jurisprudência do CADE; Regulation and competition in public utility sectors: analysis of the Brazilian case in light of CADEs case law.

Sampaio, Patrícia Regina Pinheiro
Fonte: Biblioteca Digitais de Teses e Dissertações da USP Publicador: Biblioteca Digitais de Teses e Dissertações da USP
Tipo: Tese de Doutorado Formato: application/pdf
Publicado em 09/05/2012 PT
Relevância na Pesquisa
36.58%
Esta tese é o resultado de um estudo empírico relativo à interrelação entre defesa da concorrência e regulação no Brasil, com ênfase nos setores de infraestrutura que enfrentam a falha de mercado conhecida como monopólio natural. A hipótese de investigação reside em afirmar que, apesar do fato de que nestes mercados geralmente há um único agente econômico, e que os mesmos encontram-se sujeitas à regulação estrita por uma agência especializada, ainda há espaço para a intervenção das autoridades de defesa da concorrência. A fim de confirmar essa hipotese, examinamos as decisões da autoridade brasileira de defesa da concorrência (CADE) nos setores de infraestrutura, e fim de avaliar se o CADE efetivamente intervém em tais mercados. A pesquisa incluiu a análise de atos de concentração, bem como as decisões acerca de condutas anticompetitivas envolvendo agentes atuantes nos setores de concessão de ferrovias, rodovias, portos, transmissão e distribuição de energia elétrica, telefonia fixa, saneamento, distribuição de gás canalizado e transporte de gás natural. A pesquisa comprovou que não há diferença significativa entre a percentagem de intervenções em atos de concentração observados nos setores regulados de infraestrutura e a percentagem de casos em que o CADE determinou o desfazimento ou impôs restrições à aprovação de operações na generalidade dos mercados. Em matéria de infrações às regras de concorrência...

Effects of Temperature on Intraspecific Competition in Ectotherms

Amarasekare, Priyanga; Coutinho, Renato M.
Fonte: Univ Chicago Press Publicador: Univ Chicago Press
Tipo: Artigo de Revista Científica Formato: E50-E65
ENG
Relevância na Pesquisa
36.6%
Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP); Understanding how temperature influences population regulation through its effects on intraspecific competition is an important question for which there is currently little theory or data. Here we develop a theoretical framework for elucidating temperature effects on competition that integrates mechanistic descriptions of life-history trait responses to temperature with population models that realistically capture the variable developmental delays that characterize ectotherm life cycles. This framework yields testable comparative predictions about how intraspecific competition affects reproduction, development, and mortality under alternative hypotheses about the temperature dependence of competition. The key finding is that ectotherm population regulation in seasonal environments depends crucially on the mechanisms by which temperature affects competition. When competition is strongest at temperatures optimal for reproduction, effects of temperature and competition act antagonistically, leading to more complex dynamics than when competition is temperature independent. When the strength of competition increases with temperature past the optimal temperature for reproduction...

How Does Bank Competition Affect Systemic Stability?

Anginer, Deniz; Demirguc-Kunt, Asli; Zhu, Min
Fonte: Banco Mundial Publicador: Banco Mundial
Relevância na Pesquisa
36.58%
Using bank level measures of competition and co-dependence, the authors show a robust positive relationship between bank competition and systemic stability. Whereas much of the extant literature has focused on the relationship between competition and the absolute level of risk of individual banks, they examine the correlation in the risk taking behavior of banks, hence systemic risk. They find that greater competition encourages banks to take on more diversified risks, making the banking system less fragile to shocks. Examining the impact of the institutional and regulatory environment on systemic stability shows that banking systems are more fragile in countries with weak supervision and private monitoring, with generous deposit insurance and greater government ownership of banks, and public policies that restrict competition. Furthermore, lack of competition has a greater adverse effect on systemic stability in countries with low levels of foreign ownership, weak investor protections, generous safety nets...

Competition in the Financial Sector

Claessens, Stijn
Fonte: World Bank Publicador: World Bank
Tipo: Artigo de Revista Científica
Relevância na Pesquisa
36.6%
Competition in the financial sector, as in other sectors, matters for allocative, productive, and dynamic efficiency. Theory suggests, however, that unfettered competition is not necessarily best given the special features of financial services. The author discusses these analytical complications before reviewing how to assess competition in the financial sector and its determinants. It is shown that competitiveness varies greatly across countries, in perhaps surprising ways, and that it is not driven by financial system concentration. Rather, systems with greater foreign entry and fewer entry and activity restrictions tend to be more competitive, confirming that contestability—the lack of barriers to entry and exit—determines effective competition. The author then analyzes how competition policy in the financial sector has generally been conducted and how changes in competition in the financial services industries should affect competition policy going forward. In part based on comparison with other industries, the author provides some suggestions on how competition policy in the financial sector could be better approached as well as what institutional arrangements best fit a modern view of competition policy in the sector. The specific competition challenges for developing countries is also highlighted. The author concludes that practices today fall far short of the need for better competition policy in the financial sector.

Do Government Policies that Promote Competition Encourage— or Discourage—New Product and Process Development In Low and Middle-Income Countries?

Clarke, George R. G.
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
EN_US
Relevância na Pesquisa
36.6%
Previous work has shown that firms in low and middle-income countries in Eastern Europe and Central Asia that feel greater pressure to innovate from their competitors are more likely to introduce new products and services than firms that do not feel pressure (Carlin and others 2001; World Bank 2004). However, competition also appears to affect innovation in other ways. In particular, firms in these countries that face greater price competition appear to be less likely to innovate than other firms (Carlin and others 2001). The author assesses how competition and trade policy affect these different aspects of competition and, consequently, assesses their net impact on innovation. He finds that reducing tariffs and enacting and enforcing competition laws modestly increases both the pressure that firms feel regarding innovation and the level of price competition in the domestic economy. The net impact that lower tariffs have on new product and process development appears to be negative but small-for the most part the opposing effects cancel out. In contrast, stricter competition laws and better enforcement of those laws appear to increase the likelihood of new product and process development, especially when competition is treated as endogenous to innovation.

Competition in Network Industries : Where and How to Introduce It

Klein, Michael; Gray, Philip
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Relevância na Pesquisa
36.57%
If privatizing network industries is to bring lasting public benefits, governments should also attempt to introduce competition. The scope for such competition is growing with increasing deregulation and technological innovation. As technology continues to improve, the use of "smart markets"--computer-assisted auction systems to clear competitive but complex markets--is likely to become feasible for an ever-expanding group of products and countries. This Note outlines the opportunities for introducing network competition--competition for the market, competition over existing networks, and competition among networks. It briefly considers in each case whether it will become easier or more complicated. It looks at how these opportunities could be applied in different networks. And it concludes with some basic guidelines for introducing competition: 1) the more complex the network and the lower the sunk cost, the more value there is likely to be in introducing competition from other networks. 2) Where technical change is rapid...

Trading Market Access for Competition Policy Enforcement

Hoekman, Bernard; Saggi, Kamal
Fonte: World Bank, Washington, D.C. Publicador: World Bank, Washington, D.C.
EN_US
Relevância na Pesquisa
36.63%
Motivated by discussions at the World Trade Organization (WTO) on multilateral disciplines with respect to competition law, the authors develop a two-country model that explores the incentives of a developing country to offer increased market access (by way of a tariff reduction) in exchange for a ban on foreign export cartels by its developed country trading partner. They show that such a bargain is feasible and can generate a globally welfare-maximizing outcome. The authors also explore the incentives for bilateral cooperation when the developing country uses transfers to "pay" for competition enforcement by the developed country. A comparison of the two cases shows that there exist circumstances in which the stick (the tariff) is more effective in sustaining bilateral cooperation than the carrot (the transfer). Furthermore, the scope for cooperation is maximized when both instruments are used. An implication of the analysis is that developing countries have incentives to support an explicit WTO prohibition of export cartels.

Republic of Turkey Reform for Competitiveness Technical Assistance : Fostering Open and Efficient Markets through Effective Competition Policies

World Bank
Fonte: Washington, DC Publicador: Washington, DC
EN_US
Relevância na Pesquisa
36.6%
Competition in domestic markets is critical to ensure increased international competitiveness. Firms facing more intense competitive pressures are more likely to introduce new products and upgrade existing product lines. Firms usually acquire many of their inputs (such as transportation, energy, construction, and professional services) in local markets. Competition policies are defined as the set of policies and a law ensuring that competition in the marketplace is not restricted in a way that reduces economic welfare. This report reviews the current status of competition policy in Turkey, focusing on the economy-wide enforcement of competition rules and on specific regulations and government policies that affect product market competition. Economic and legal analysis is used to identify key challenges and to propose specific areas of intervention and reform. In addition, this report provides an evaluation of the potential benefits of pro-competition policies. Turkey is benchmarked against other economies that represent international best practice...

Imports, Entry, and Competition Law as Market Disciplines

Kee, Hiau Looi; Hoekman, Bernard
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
EN_US
Relevância na Pesquisa
36.6%
Since the early 1990s numerous countries have adopted or strengthened competition legislation. Kee and Hoekman investigate the impact of competition law on industry markups over time and across a large number of countries. They find both domestic and foreign competition to be major sources of market discipline in concentrated markets, but that the direct effect of competition law is insignificant. However, once allowance is made for the endogeneity of both domestic competiton (number of firms) and the adoption of a competition law, the authors find that competition laws have an indirect effect on equilibrium markups by promoting a larger number of domestic firms.

Economic Development, Competition Policy, and the World Trade Organization

Hoekman, Bernard; Mavroidis, Petros C.
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
EN_US
Relevância na Pesquisa
36.64%
At the recent World Trade Organization (WTO) ministerial meeting in Doha, Qatar, WTO members called for the launch of negotiations on disciplines relating to competition based on explicit consensus on modalities to be agreed at the fifth WTO ministerial meeting in 2003. WTO discussions since 1997 have revealed little support for ambitious multilateral action. Proponents of the WTO antitrust disciplines currently propose an agreement that is limited to "core principles"-nondiscrimination, transparency, and provisions banning "hard core" cartels. The authors argue that an agreement along such lines will create compliance costs for developing countries without addressing the anticompetitive behavior of firms located in foreign jurisdictions. To be unambiguously beneficial to low-income countries, any WTO antitrust disciplines should recognize the capacity constraints that prevail in these economies, make illegal collusive business practices by firms with international operations that raise prices in developing country markets...

Competition Law and Public Policy: Reconsidering an Uneasy Relationship. The Example of Art. 81

SCHWEITZER, Heike
Fonte: European University Institute Publicador: European University Institute
Tipo: Trabalho em Andamento Formato: application/pdf; digital
EN
Relevância na Pesquisa
36.6%
The EU is currently re-conceptualizing the goals of competition law and their place within the EC Treaty. Whereas the Draft Reform Treaty is emphasizing the weight of public policy goals vis-à-vis the goal of undistorted competition, the EU Commission has made an effort to remove non-competition goals from competition policy in the course of the “decentralization” of EU competition law enforcement and to refocus competition law on the efficiency criterion, namely the consumer welfare goal. This contribution shall discuss the regulation of the interface between competition policy and public policy goals in the interpretation and application of Art. 81 EC under the old and the new enforcement regime. Doctrinally, the debate is led on two levels: With regard to the interpretation of Art. 81(1) the question is raised whether conflicting policy goals can delimit its scope. Art. 81(3) with its broad and general terms, potentially provides an opening of EU competition law for the consideration of noncompetition related policy goals on the level of exemptions. The interpretation of Art. 81(3) EC has gained new relevance since it has been declared directly applicable by Art. 1 of Regulation 1/2003. Whereas, under the former regime, the Commission could regulate the competition-public policy interface case-by-case based on its monopoly for granting exemptions...

A test of the Hutchinson theory of interspecific competition.

Bosworth, Richard John William
Fonte: Universidade de Adelaide Publicador: Universidade de Adelaide
Tipo: Tese de Doutorado
Publicado em //2012
Relevância na Pesquisa
36.57%
Kangaroo Island is of high conservational significance with the largest remaining interface between native vegetation and agriculture in South Australia. The two main native herbivores on Kangaroo Island are the western grey kangaroo and the tammar wallaby. Two introduced herbivores, sheep and feral goat, also contributed to the study. All animal species coexist in the north western districts of Kangaroo Island. All species coexisted at the Borda Vale property, Cape Borda and Correll property de Mole River field sites. Competition between mammals on Kangaroo Island was investigated to determine if the Hutchinson Theory of Interspecific Competition could be either rejected or not-rejected. Hutchinson’s theory states that an animal needs to be at least 2.1 times either larger or smaller in body weight than another competitor in the same environment to escape the influences of interspecific competition. The current investigation was two pronged; comprising field studies with subsequent analysis of plant cuticles from faecal matter, and secondly scientific trials on the mainland held at The University of Adelaide, Roseworthy campus, South Australia. The in situ field studies involved collecting faecal samples from each species and pasture comparison at three sites. The pasture structure on both sides of the recently erected boundary fence at two sites on Borda Vale was determined. Plant cuticles from faecal samples provide insight to the dietary composition for each species...

Romania - Functional Review : Romania Competition Council

World Bank
Fonte: Washington, DC Publicador: Washington, DC
Tipo: Economic & Sector Work :: Other Financial Sector Study; Economic & Sector Work
ENGLISH; EN_US
Relevância na Pesquisa
36.64%
The European Union is founded on a competitive market economy unified by commonly agreed rules and practices. While Romania has joined the Union, its ability to prosper fully within the common market requires a strengthened commitment to, and ability to protect, EU competition principles. Romania's legal and organizational framework for enhancing competition is tenuous and the current economic and fiscal crisis puts recent gains at risk. In particular, Romania's performance in competition policy still lags behind EU practice and is characterized by: (i) State-owned enterprises and government participation still play a dominant role in many important markets and sectors in Romania, controlling at least one firm in 14 key sectors of the economy and exhibiting a market share above 50% in at least one segment of network industries. (ii) Relatively low enforcement of competition policy against hard-core cartels and abusive practices while merger review cases that do not significantly impose threats to competition account for the bulk of the workload in the competition area. (iii) Low staffing for competition enforcement and economic analysis placing the Romania Competition Council (RCC) at the bottom of European Union rankings with no internal target deadlines to track performance. (iv) Active advocacy activities mainly focus on raising awareness of the importance of competition law but efforts need to be made to refocus activity on tackling anticompetitive regulation...

Competition Law and Regional Economic Integration : An Analysis of the Southern Mediterranean Countries

Geradin, Damien
Fonte: Washington, DC: World Bank Publicador: Washington, DC: World Bank
Tipo: Publications & Research :: Publication; Publications & Research :: Publication
ENGLISH; EN_US
Relevância na Pesquisa
36.66%
This study argues that adoption strengthening of a competition law regime is a key component of the regulatory reforms, which are required to allow a market economy in the Mediterranean region. It also argues that the competition rules inserted in the Association Agreements signed between the European Union (EU) and the Mediterranean Partners (MPs) currently fail to provide adequate protection against anticompetitive practices affecting trade between these blocks. Moreover, the competition law regimes adopted by the MPs are generally poorly enforced with the consequence that many domestic anticompetitive practices remain unchallenged. In addition, this study addresses the issue of regulatory convergence between the EU and the MPs in the field of competition law, that is, whether the MPs should align their competition rules on European Community (EC) competition rules. It argues that while such convergence would bring a series of benefits to both the EU and the MPs, it would also involve costs. The study thus argues in favor of a prudent approach whereby the transposition of EC competition rules in the MPs would not be automatic...

Competition, Corporate Governance, and Regulation in Central Asia : Uzbekistan's Structural Reform Challenges

Broadman, Harry G.
Fonte: World Bank, Washington, DC Publicador: World Bank, Washington, DC
Tipo: Publications & Research; Publications & Research :: Policy Research Working Paper
EN_US
Relevância na Pesquisa
36.6%
In Uzbekistan state enterprises are being changed into shareholding companies, and private enterprises account for 45 percent of all registered firms. But business decisions to set prices, output, and investment are often not market-based, nor wholly within the purview of businesses, especially those in commercial manufacturing and services. Lines of authority for corporate governance - from state enterprises to private enterprises - are ill-defined, so there is little discipline on corporate performance and little separation between government and business. Nascent frameworks have been created for competition policy (for firms in the commercial sector) and regulatory policy (governing utilities in the infrastructure monopoly sector). Bur implementation and enforcement have been hampered by old-style instruments (such as price controls0 rooted in central planning, by lack of a strong independent regulatory rule-making authority, by the limited understanding, of the basic concepts of competition and regulatory reform, and by weak institutional capabilities for analyzing market structure and business performance. Based on fieldwork in Uzbekistan, the author recommends: 1) Deepening senior policy officials' understanding of, and appreciation of the benefits from...

What Do We Know about Competition Agencies in Emerging and Transition Countries? Evidence on Workload, Personnel, Priority Sectors, and Training Needs

Serebrisky, Tomas
Fonte: World Bank, Washington, D.C. Publicador: World Bank, Washington, D.C.
Tipo: Publications & Research :: Policy Research Working Paper; Publications & Research
ENGLISH; EN_US
Relevância na Pesquisa
36.58%
During 2003, the World Bank Institute sent a needs assessment questionnaire to 48 competition agencies in transition and emerging countries in Africa, Asia, Europe, and Latin America. Responses were classified according to the World Bank's analytical regional grouping and the evidence allows a cross-regional comparison of competition agencies' workload, personnel, priority sectors, and training needs. The view of competition authorities as a homogenous group across countries and regions can be discarded. The analysis of the needs assessment questionnaire shows that there are significant heterogeneities among competition agencies' mandates, exempted sectors, professional personnel endowment, and capacity needs. An important lesson for the design of training courses is that competition agencies do not need introductory courses. There is a significant demand for training on substance, on how to solve day-to-day technically challenging cases. Responses confirm the growing importance of competition policy issues in infrastructure services (such as market foreclosure and access to essential facilities) and the need to foster coordination between sector regulators and competition agencies.

The Troika's influence on Irish competition policy

Eaton, Sinead
Fonte: Competition Policy International Publicador: Competition Policy International
Tipo: info:eu-repo/semantics/article; all_ul_research; ul_published_reviewed
ENG
Relevância na Pesquisa
46.33%
peer-reviewed; When extending the bailout facility availed of by Ireland , the IMF, ECB and Commission of the EU (“the troika”) insisted that a number of measures be taken in respect of the Irish economy. While many of these related to reducing the costs of the public sector and the reduction of the country’s social welfare costs, some related directly to Irish competition law.; ACCEPTED; peer reviewed

Déterminants des choix alimentaires d'athlètes adolescents en période de compétition

Landry, Alexandra
Fonte: Université de Montréal Publicador: Université de Montréal
Tipo: Thèse ou Mémoire numérique / Electronic Thesis or Dissertation
FR
Relevância na Pesquisa
36.59%
Cette étude s’insère dans une étude s’intitulant « Choix alimentaires d’adolescents canadiens et attitudes de leurs entraîneurs impliqués dans des activités sportives organisées ». Les objectifs étaient d’étudier chez des adolescents impliqués dans une compétition sportive provinciale où l’offre alimentaire est contrôlée 1) leur maîtrise des recommandations nutritionnelles 2) les facteurs individuels, comportementaux, socio-environnementaux influençant leurs choix alimentaires. Deux observateurs ont visité les différents sites alimentaires et de compétition pendant les Jeux du Québec de 2011 à Valleyfield. Les plateaux des athlètes ont été photographiés à table au moment des repas avec une caméra numérique et les commentaires oraux colligés par écrit. Au total, 173 photographies ont été analysées et comparées aux recommandations reconnues en nutrition sportive. Dans notre étude, les préférences alimentaires, l’offre alimentaire et la présence des coéquipiers sont les facteurs qui influencent le plus les choix alimentaires en compétition. Par contre, le sexe de l’athlète n’a pas influencé les choix alimentaires des athlètes observés. En pré-compétition, 85,4% des plateaux présentent une valeur énergétique supérieure aux recommandations et 66...

Impact of taxes on competition: the legal status quo in the European Union

Portugal, Francisco Alexandre Barbosa Andrade de
Fonte: Universidade do Minho Publicador: Universidade do Minho
Tipo: Dissertação de Mestrado
Publicado em //2015 ENG
Relevância na Pesquisa
36.61%
Dissertação de mestrado em Direito dos Negócios, Europeu e Transnacional; This thesis shows that taxes are frequently a foe but also an ally of competition. Traditionally, both the legal doctrine and economic theory see taxes as an obstacle to competition. The imposition of a tax affects the supply and demand and therefore interferes with the normal balance of the market. Custom duties and tax aids are basic examples of how taxes can restrict competition. In the European context, the lack of tax coordination in the internal market is another factor that contributes to distort competition considering that it obliges European firms to compete under different rules and involves high compliance costs. These and other situations where taxes affect competition will be analysed in this study. Despite of the obstacles that taxes often represent to competition, the author believes that taxes must also be regarded as an ally to the extent that they can foster competition as well as be used to correct serious market failures, some of the most important purposes of competition policy. That is the case e.g., of taxes that foster competition in monopolistic markets, patent boxes and even environmental taxes. Through these and other examples the author will try to sustain that the negative and the positive effects that taxes have on competition are two sides of the same coin. As taxes are more often a foe than an ally...

Focal point pricing: A challenge to the successful implementation of Section 10A (introduced by the Competition Amendment Act)

Holland,Mike; Rossouw,Jannie; Staples,Jessica
Fonte: South African Journal of Economic and Management Sciences Publicador: South African Journal of Economic and Management Sciences
Tipo: Artigo de Revista Científica Formato: text/html
Publicado em 01/01/2015 EN
Relevância na Pesquisa
36.59%
The Competition Amendment Act introduced section 10A, which provides the Competition Commission with the powers to investigate complex monopoly conduct in a market and allows the Competition Tribunal, under certain conditions, to prohibit such behaviour. Although more than five years have elapsed since the Competition Amendment Act was promulgated, this provision has yet to come into force. However, when it eventually does so, it will mark a significant change in South African competition law, as it seeks to regulate firms' consciously parallel conduct. This is coordinated conduct that occurs without communication or agreement, but results in the prevention or substantial lessening of competition. Examples of horizontal tacit coordination practices include price leadership and facilitating practices, such as information exchanges and price signaling. The successful implementation of the amendment poses problems for the competition authorities in assessing the competitive effects of complex monopoly conduct and in providing effective remedies. Oligopoly markets result in mutual interdependent decision-making by firms, which can lead to market outcomes similar to explicit collusion. However, a further and little noticed issue is that firms in oligopolistic markets have opportunities to use focal points to determine coordinated strategies. This paper explores the nature and role of focal point pricing...