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Author

Baskaran Balasingham

Bio: Baskaran Balasingham is an academic researcher. The author has contributed to research in topics: Competition law & Commission. The author has an hindex of 1, co-authored 1 publications receiving 28 citations.

Papers
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Dissertation
01 Jan 2016
TL;DR: In this paper, the authors present an approach to reconcile effectiveness and fairness in competition law enforcement in EU Cartel Enforcement, based on the notion of fairness through effectiveness and effectiveness through fairness.
Abstract: ................................................................................................................................ 2 TABLE OF CONTENTS ................................................................................................................ 3 ACKNOWLEDGMENTS .............................................................................................................. 9 LIST OF ABBREVIATIONS ......................................................................................................... 10 CHAPTER 1: INTRODUCTION ................................................................................................... 12 Background and Context ..................................................................................................... 12 I. Problem and Aim of the Thesis ........................................................................................... 13 II. Key Concepts and their Application in this Thesis ............................................................. 16 III. Effectiveness and Fairness ............................................................................................. 17 A. The notion of effectiveness ..................................................................................... 17 1. Notions of fairness ................................................................................................... 18 2. Reconciling Effectiveness and Fairness in Competition Law Enforcement .................. 18 B. Theories of punishment .......................................................................................... 21 1. a. Deterrence ......................................................................................................... 21 b. Retribution ......................................................................................................... 25 c. A mixed theory of punishment ......................................................................... 27 i. Approximation of the theories .................................................................... 28 ii. Application in cartel enforcement ............................................................... 29 Summary .................................................................................................................. 30 2. Application of the Key Notions throughout the Thesis ................................................. 31 C. Effectiveness ............................................................................................................ 31 1. Fairness .................................................................................................................... 32 2. Effectiveness through fairness ................................................................................ 33 3. Methodology ....................................................................................................................... 35 IV. Contribution and Scope ....................................................................................................... 36 V. Structure .............................................................................................................................. 37 VI. CHAPTER 2: EFFECTIVENESS AND FAIRNESS IN EU CARTEL ENFORCEMENT ............................ 40 Introduction ......................................................................................................................... 40 I. Legitimacy in EU cartel enforcement .................................................................................. 41 II.

28 citations

Journal ArticleDOI
TL;DR: Asymptomatic bacteriuria (ASB) is diagnosed by the presence of a 10*5 colony-forming units (CFU) in the urine without any urinary symptoms as discussed by the authors .
Abstract: Asymptomatic bacteriuria (ASB) is diagnosed by the presence of a 10*5 colony-forming units (CFU) in the urine without any urinary symptoms. It commonly occurs in pregnancy with the incidence ranging from 2-10%. It poses a risk of progressing into pyelonephritis in pregnancy. Adverse fetal outcomes include preterm labor, neonatal sepsis, intrauterine growth restriction (IUGR) and neonatal death. Anatomical and physiological changes during pregnancy make pregnant women more vulnerable to ASB and subsequently symptomatic UTI. E coli is the commonest organism involved in ASB, followed by Klebsilla and Enterobactericiae. Evidence suggests that importance of routine screening for ASB in early pregnancy to avoid adverse fetomaternal outcomes. Reduced adverse outcomes were noted with prompt antibiotic treatment for ASB compared to untreated pregnant women with ASB. Urine culture remains as the gold standard method to diagnose ASB in pregnancy. Using urine culture as a routine screening method in Sri Lanka is limited due to financial restrictions.
Journal ArticleDOI
TL;DR: In this article , the authors analyze the Google Shopping judgment in relation to the concept of superdominance and explore how the concept has evolved in the case-law and what role it has played when establishing an abuse of dominance and analyze whether reliance on super-dominance in case law is consistent with the effects-based approach.
Abstract: ABSTRACT In the Google Shopping judgment, the General Court refers to Google’s super-dominance and with it its stronger obligation not to allow its behaviour to impair effective competition. The concept of super-dominance suggests that certain conduct could breach Article 102 TFEU only when adopted by super-dominant undertakings, but it remains uncertain how exactly it contributes to finding an abuse. The aim of this paper is to analyze the Google Shopping judgment in relation to the concept of super-dominance. We explore how the concept has evolved in the case-law and what role it has played when establishing an abuse of dominance and analyze whether reliance on super-dominance in the case law is consistent with the effects-based approach. Finally, we examine how Google Shopping fits with the evolution of super-dominance in the case law and the effects-based approach and what it means for the regulation of digital gatekeepers going forward.
Journal ArticleDOI
TL;DR: In this paper , the authors assess the application of competition law to the relationship between news media and digital platforms, including the strength of the DPI findings and the appropriateness of the resulting reforms.
Abstract: News media businesses compete with search engines and social media networks for advertising revenue but at the same time depend on the latter to reach and interact with audiences. The Digital Platforms Inquiry (DPI) completed by the Australian Competition and Consumer Commission (ACCC) found that media businesses’ dependency on digital platforms gives companies like Google and Facebook substantial bargaining power over Australian news media businesses. This development over the past decade has caused negative repercussions for the choice and quality of news available to Australians. In response to thegse findings, Australia’s News Media and Digital Platforms Mandatory Bargaining Code 2021 extends the application of competition law into digital news and advertising markets. The reform is intended to address the impact of digital platforms on the commercial viability of Australian news companies. In this article, we assess the application of competition law to the relationship between news media and digital platforms, including the strength of the DPI findings and the appropriateness of the resulting reforms. We argue that after decades of deregulation of the media sector in Australia the News Media Bargaining Code is a hybrid legislation, which introduces news media industry regulations under the guise of competition law. While we see a continued role for competition law in digital platform markets, this article indicates the challenges posed by digital platforms on media pluralism and the limitations of a market-driven approach to news media policy. news media businesses, digital platforms, advertising, regulation, media policy, Australian competition law, market power, media pluralism, Digital Platforms Inquiry, News Media Bargaining Code
Journal ArticleDOI
TL;DR: In this article , the authors advocate a theory of harm called "platform-wide exclusionary innovation" which applies to conduct that plausibly creates short-term consumer benefit but is more likely to foreclose rivals and therefore reduce technological progress in the long run.
Abstract: ABSTRACT Exclusionary innovation poses a bigger threat to competition in digital platform markets than in other innovation markets given the relevance of data-driven network effects as well as the strong incentive and ability of digital platforms to pursue an envelopment strategy. This paper advocates a theory of harm called “platform-wide exclusionary innovation” which applies to conduct that plausibly creates short-term consumer benefit but is more likely to foreclose rivals and therefore reduce technological progress in the long run. This theory of harm can help to explain Google’s conduct that the European Commission condemned in its three decisions against Google between 2017 and 2019. Due to interconnections between Google’s practices in the three cases this article assesses whether they may be considered jointly for the purpose of finding of an infringement of Article 102 TFEU or under the proposed Digital Markets Act.

Cited by
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01 Jan 2010
TL;DR: In this article, the authors examined the patterns and effects of departmental oversight across 28 ministries in Estonia, Hungary, Poland and Slovenia in relation to transposition planning, legal review and monitoring of deadlines.
Abstract: The extent to which member states transpose EU directives in a timely fashion is often argued to be strongly associated with the general effectiveness of national bureaucracies. But what kind of institutional solutions ensure better performance? This paper examines the patterns and effects of departmental oversight across 28 ministries in Estonia, Hungary, Poland and Slovenia. In mapping the strength of oversight, it relies on around 90 structured interviews regarding the rules-in-use on transposition planning, legal review and monitoring of deadlines. The analysis of the impact of departmental oversight is based on an original dataset of over 300 directives with transposition deadlines between January 2005 and December 2008.

858 citations

01 Jan 2003
TL;DR: In this paper, aksioloska teorija o pravu, socioloske teorije o prabu, dogmatska and dogmatista teoríe opravu are used to define a pravni propisnik prava.
Abstract: Opca teorija prava i države, 0pci dio ; posebni dio - teorija prava: aksioloska teorija o pravu, socioloska teorija o pravu, dogmatska teorija o pravu(pravni odnos, odlucivanje u pravu, formalni izvori prava, pravno pravilo, pravni propisnik, sustav prava ; obvezatnost pravnih pravila, objasnjenje pravnih pravila, primjena pravnih pravila) ; teorija države /sadržaji-bit vlasti ; oblici (organizacija) vlasti/.

136 citations

Journal ArticleDOI
TL;DR: In this paper, Bork shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses, and how this can be seen as a microcosm which reflects the larger movements of our society.
Abstract: Shows how antitrust suits adversely affect the consumer by encouraging a costly form of protection for inefficient and uncompetitive small businesses. Bork sees antitrust law as a microcosm which reflects the larger movements of our society, such as the tension between liberty and equality.

29 citations

01 Jan 2019
TL;DR: In this article, the authors examined the current design of the system of case resolution mechanisms used by the European Commission (the Commission) where an infringement of Articles 101 and 102 TFEU is suspected.
Abstract: This thesis examines the current design of the system of case resolution mechanisms used by the European Commission (the Commission) where an infringement of Articles 101 and 102 TFEU is suspected ...

22 citations

Posted Content
TL;DR: In this paper, the authors examine the importance of director disqualification to effective cartel enforcement and present the justification for such orders and the main shortcomings of such orders. But they do not discuss their application in the context of the European Commission.
Abstract: This paper examines the importance of director disqualification to effective cartel enforcement. It reviews Competition Disqualification Orders in the UK, sets out the justification for such orders and considers their main shortcomings. The paper then asks whether they would be a recommended practice for the European Commission.

15 citations