Progressivity and flexibility in developing an effective competition regime: using experiences of Poland, Ukraine and South Africa for developing countries. Forschungsbericht innerhalb des EU-Projektes: Competition Policy Foundations for Trade Reform, Regulatory Reform, and Sustainable Development, 2005
Franz Kronthaler, Johannes Stephan
Einzelveröffentlichungen,
No. 5,
2005
Abstract
The paper discusses the role of the concept of special and differential treatment in the framework of regional trade agreements for the development of a competition regime. After a discussion of the main characteristics and possible shortfalls of those concepts, three case countries are assessed in terms of their experience with progressivity, flexibility, and technical and financial assistance: Poland was led to align its competition laws to match the model of the EU. The Ukraine opted voluntarily for the European model, this despite its intense integration mainly with Russia. South Africa, a developing country that emerged from a highly segregated social fabric and an economy dominated by large conglomerates with concentrated ownership. All three countries enacted (or comprehensively reformed) their competition laws in an attempt to face the challenges of economic integration and catch up development on the one hand and particular social problems on the other. Hence, their experience may be pivotal for a variety of different developing countries who are in negotiations to include competition issues in regional trade agreements. The results suggest that the design of such competition issues have to reflect country-particularities to achieve an efficient competition regime.
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Database on competition law enactment in developing countries, the budget and staff of the relevant competition agency, and other structural (economic and otherwise) characteristics. Forschungsbericht innerhalb des EU-Projektes: Competition Policy Foundations for Trade Reform, Regulatory Reform, and Sustainable Development, 2005
Johannes Stephan, Franz Kronthaler
Einzelveröffentlichungen,
No. 4,
2005
Abstract
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Progressivity and Flexibility in Developing an Effective Competition Regime: Using Experiences of Poland, Ukraine, and South Africa for developing countries
Franz Kronthaler, Johannes Stephan
IWH Discussion Papers,
No. 6,
2006
Abstract
The paper discusses the role of the concept of special and differential treatment in the framework of regional trade agreements for the development of a competition regime. After a discussion of the main characteristics and possible shortfalls of those concepts, three case countries are assessed in terms of their experience with progressivity, flexibility, and technical and financial assistance: Poland was led to align its competition laws to match the model of the EU. The Ukraine opted voluntarily for the European model, this despite its intense integration mainly with Russia. South Africa, a developing country that emerged from a highly segregated social fabric and an economy dominated by large conglomerates with concentrated ownership. All three countries enacted (or comprehensively reformed) their competition laws in an attempt to face the challenges of economic integration and catch up development on the one hand and particular social problems on the other. Hence, their experience may be pivotal for a variety of different developing countries who are in negotiations to include competition issues in regional trade agreements. The results suggest that the design of such competition issues have to reflect country-particularities to achieve an efficient competition regime.
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Analysis of statements made in favour of and against the adoption of competition law in developing and transition economies
Franz Kronthaler, Johannes Stephan, Frank Emmert
IWH-Sonderhefte,
No. 1,
2005
Abstract
The paper is concerned with documenting and assessing statements made by policy-makers, opinion formers, and other stakeholders in favour and against the adoption of competition laws with particular reference to transition and developing countries which have not yet enacted these kind of laws. For example, claims that competition enforcement might reduce the inflow of foreign direct investment, or that other policies are successfully used as substitutes for competition law, are assessed. In a first step, the method of generalized analysis structures the list of statements around core issues of common features to make them accessible to further interpretation and assessment.
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Factors accounting for the enactment of a competition law – an empirical analysis
Franz Kronthaler, Johannes Stephan
Einzelveröffentlichungen,
No. 6,
2005
Abstract
The paper is concerned with the factors that account for decisions to enact a national competition law. In a first step, the paper updates and enlarges the existing data bases of countries that have enacted a competition law. The paper then identifies and discusses possible factors that influence the decision to enact a competition law. In a third step, the method of panel-data logit analysis is employed to test a set of hypothesis pertaining to the factors across the time dimension and across countries. The results of this analysis are interpreted in terms of significance and in terms of the sign of their influence on the probability of a country to enact. Given generality of the analysis, the results can shed light on the probability of individual countries, and in particular developing countries, to actually take the step of enactment.
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Analysis of statements made in favour of and against the adoption of competition law in developing and transition economies
Johannes Stephan, Franz Kronthaler, Frank Emmert
Einzelveröffentlichungen,
No. 9,
2005
Abstract
The paper is concerned with documenting and assessing statements made by policymakers, opinion formers, and other stakeholders in favour and against the adoption of competition laws with particular reference to transition and developing countries which have not yet enacted these kind of laws. For example, claims that competition enforcement might reduce the inflow of foreign direct investment, or that other policies are successfully used as substitutes for competition law, are assessed. In a first step, the method of generalized analysis structures the list of statements around core issues of common features to make them accessible to further interpretation and assessment. The paper shows that some claims are in fact country or region specific, and specific to the development level of the respective countries. In a second step, the core issues are assessed according to economic and legal criteria. Since the analysis focuses on transition and developing countries, the criteria for economic assessment are predominantly economic growth and development issues, but also include the economic coherency of a set of claims submitted by stakeholders in a given country. The criteria for legal assessment include whether claims are problematic in light of WTO-principles, or are even born out of a political objective which is incompatible with the spirit, if not the letter of WTO-rules.
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The influence of Vertical Integration and Property Rights on Network Access Charges in the German Electricity Markets
Christian Growitsch, Thomas Wein
Externe Publikationen,
No. 6,
2004
Abstract
German Electricity markets were deregulated in the late nineties of the last century. In contrast to other European countries, the German government enacted negotiated third party access instead of installing a regulation authority. Network access charges for new competitors are based on contractual arrangements between energy producers and industrial consumers, which specify the calculation schemes for access charges. Local and regional suppliers are nevertheless able to set (monopolistic) charges at their own discretion, restricted only by the possibility of interference competition authorities. While some of those suppliers have been acquired by one of the four Transmission System Operators and become vertically integrated, the majority is still independent public utility companies. In this paper we analyse if there is evidence for different charging behaviour depending on the supplier’s economic independence or its level of vertical integration. Controlling for other coefficients as the so called structural features and related cost differences as well as the influence of competition law suits, multivariate estimations show significantly lower access charges than vertically separated suppliers, whereas incorporated network operators charge significantly higher charges compared to independent suppliers for at least one typical case.
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“Law on loyalty to collectively agreed standards“ - no means for adjusting competitive conditions in construction industry
Andrea Besenthal
Wirtschaft im Wandel,
No. 2,
2004
Abstract
Durch die Zunahme der Konkurrenz aus dem Ausland, die ihre Leistungen aufgrund geringerer Lohnstandards zu günstigeren Preisen anbieten kann, verstärkt sich der Wettbewerbsdruck in ganz Deutschland. In den westdeutschen Ländern stellen zudem die ostdeutschen Unternehmen, die nach dem niedrigeren Osttarif bezahlen, eine direkte Konkurrenz dar. Die Tariftreuegesetze sollen Wettbewerbsverzerrungen, die in der Bauwirtschaft durch den Einsatz von Niedriglohnkräften entstehen, entgegen wirken. Eine Studie des IWH ergab, dass die Einführung von Tariftreuegesetzen weder aus beschäftigungspolitischer noch aus ökonomischer Sicht erforderlich erscheint.
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Insolvency law in Central and Eastern Europe: An economic evaluation
Thomas Linne
Wirtschaft im Wandel,
No. 2,
1999
Abstract
Wichtige Strukturreformen auf Unternehmensebene in den mittel- und osteurpäischen Transformationsländern können durch eine konsequente Anwendung des Insolvenzrechts vorangetrieben werden. Eine wichtige Voraussetzung hierfür ist die Ausgestaltung der Insolvenzgesetze. Sie sollten Anreize für Gläubiger schaffen, Insolvenzverfahren dann zu initiieren, wenn Unternehmen überschuldet oder zahlungsunfähig sind, um so die Unternehmenskontrolle zu verbessern. Bisher wurden die Insolvenzgesetze aber nur zögerlich in Anspruch genommen. Es bestehen noch Befürchtungen, dass umfangreiche Unternehmenskonkurse unweigerlich zu Massenarbeitslosigkeit führen.
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