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Aim. To identify the mechanism of state regulation of private enterprise initiative operating in the “developmental states” of East and Southeast Asia, which ensures consistently high rates of economic growth and an increase in public welfare.Tasks. Based on a comparative analysis, to determine the characteristic features of the model of relations between the state and business in the “developmental states”, to reveal its strengths and weaknesses, the role of the ruling elite in its functioning.Methods. The central concept is the “developmental state”, the elements of which are revealed by Zia Onish, the concepts of “planned-rational state” (C. Johnson), “built-in autonomy” (P. Evans), “neopatrimonial state”, “cohesive capitalist state” and “fragmented multi-class state” (A. Koli). The model of the relationship between the state and business is based on works related to Indonesia, Malaysia and Thailand.Results. It has been established that in “developmental states” the relations between the state and business are built into the political structure of society, in which centralized governance allows states to ensure political stability, reduce transaction costs for private entities, motivate entrepreneurship and create additional opportunities for economic development, and as a result - increasing the welfare of society.Conclusions. The example of the countries of East and Southeast Asia shows that the success of a “developmental state” is possible only when the political settlement enables the ruling elites to have the law enforcement capabilities to conduct an effective, nationally-oriented industrial policy necessary for the further improvement of the country’s technological capabilities. The rapid economic development of “developmental states”, which has led to talk of a “miracle”, raises the question of the possibility of using this experience in other regions of the world, including the EAEU countries.

The practice of having ombudsmen in Russia is relatively recent. The branching of this institution into specialized ombudsmen provided a more timely and specific protection of citizens' rights. Their work is impossible without various constitutional and legal instruments, the meaning of which is revealed in this paper. The Institute of the Commissioner for Entrepreneurs' Rights at the President of the Russian Federation exercises its powers in accordance with current legislation. However, there are situations requiring a more timely response to the problems of the business community. The annual report of Commissioner for Entrepreneurs' Rights at the President of the Russian Federation is a form of report combining the results of the activities of the central office and regional business ombudsmen. It also contains statistics, social survey data, a special report including key business problems, a register of systemic issues of Russian business, as well as administrative pressure index, etc. Using these instruments, a business ombudsman can manage his work in numerous regions of the Russian Federation, provide federal business support, conduct international negotiations, maintain international cooperation, and be engaged in educational and teaching activities. All these prove the relevance of the research. The purpose of the study is to identify and analyze the means used by the Commissioner for the protection of the rights of entrepreneurs. The main part of the study presents three instruments: a special section of the annual report “Key business issues in the context of sanctions and structural transformation”, a Register of systemic issues of Russian business, and administrative pressure index. The methodological basis of the study is the methods of analysis, modeling, observation, comparison and others. Currently, due to a well-coordinated functioning mechanism and a wide number of public and expert assistants, a business ombudsman timely and properly solves various business issues. The paper studies the role the means used by a business ombudsman play for the state and specific public authorities.

Fans of economist Milton Friedman--of whom I'm one--should count themselves lucky that Stanford historian Jennifer Burns has written a detailed biography of him. Based on intensive archival research that only [...]

The child support collection process in the United States has largely failed. According to a 2020 Census Bureau report, only 62 percent of the more than $30 billion in authorized [...]

Boeing has been in the news a lot lately, for all the wrong reasons. The iconic aviation company has been struggling through a series of high-profile quality-control problems, including a [...]

In the US wireless communications market, antitrust regulators blocked so-called four-to-three mergers-mergers of two of the four largest competitors--in 2011 and 2014. But authorities did allow then-No. 3 carrier T-Mobile [...]

Tal Gross and Matthew Notowidigdo have been collaborating since they were in graduate school together at MIT. Today, they are economists specializing in healthcare, Gross at Boston University and Notowidigdo [...]

The article is devoted to the analysis of the domestic and foreign history of the development of public-private partnership. Status of the issue: According to the author, there is a certain limitation in the issue of periodization and analysis of the historical experience of PPP. The denial of continuity in the issue of PPP evolution makes it difficult to assess the significance of this phenomenon and identify prospects for its development. In this regard, the purpose of the study is to analyze the domestic and foreign experience of cooperation between the state and private business structures, its periodization and identification of patterns of PPP development. Materials and methods of research: analysis, historical-comparative and historical-systemic methods, as well as the method of actualization are chosen as methods. With their help, a consistent analysis of the forms of interaction between the state and private economic entities has been carried out, starting from the Ancient World and ending with the present. The results of the study: 1) PPP has a long history, but the basic goals of such cooperation, both for the state and for the "private entity" remained unchanged; 2) the history of PPP development has developed alternating periods of active development and "pauses", periods of development coincide with periods of structural adjustment in the economy; 3) our country has significant experience in the application of a public-private partnership that is not inferior to other countries. This experience can be taken into account when determining ways to further develop PPPs; 4) public-private partnerships cannot be built according to a single template, a variety of mechanisms corresponding to various tasks of public policy is necessary. In this regard, the possibilities of using PPP to solve a number of medium- and long-term tasks of the economic policy of the Russian Federation are substantiated.

The 2008 Global Crisis had profound impacts on economies worldwide, prompting significant scrutiny of various institutional frameworks, including court systems. During this period, legal systems faced unprecedented challenges in addressing the ensuing turmoil. Courts were busy with cases related to foreclosures, bankruptcies, and financial misconduct. Due to the exposed weaknesses in regulatory oversight, reforms were made to improve accountability, transparency, and efficiency within judicial systems. Transition economies in Eastern Europe and Central Asia bore a significant brunt of the crisis and its subsequent reform endeavors. In this study, we evaluate the perspectives of Eastern European and Central Asian retailers on their court systems during and after the 2008 global crisis. We assess how many of them dealt with the legal system during and after the crisis, how quickly the cases moved through the court system, how fair and impartial the court was, and how successfully the court could enforce its rulings. To evaluate the impact of the global crisis on retailers’ views on the court system, we compare the crisis period to the post-crisis period. The World Bank’s BEEPSII and BEEPSIV surveys performed in Eastern Europe and Central Asia are used as our crisis and post-crisis samples. To compare the crisis period responses to the post-crisis ones, we use nonparametric tests (i.e. the Mann-Whitney-Wilcoxon and the Chi-square tests). Our results show that, after the crisis, fewer retailers went to court, when compared to the crisis period. This finding can be seen as positive. We also find that, after the crisis, retailers were more optimistic about judicial impartiality and case processing speed in their respective countries, compared to the crisis period. On the other hand, our results show that retailers’ assessments of the court’s ability to implement its rulings in these countries did not seem to change after the crisis. These findings have important policy implications. Policymakers can use these findings to take precautions before a global crisis hits. They will know that a global economic/financial crisis affects the volume of cases, courts’ fairness, and processing speed. Therefore, they can hire more employees to deal with the upcoming problems with the volume and the processing speed, and they can increase the scrutiny of the system to protect the system’s fairness.

India, a member of the BRICS and the SCO, can play an important role in deepening Eurasian integration. However, in order to make possible the use of its integration potential, it is necessary to fully understand the specifics of this country, the nature of its existing political and economic system, which, in particular, is determined by the established model of relations between the state and business.Aim. To identify the features of the system of relations between the state and business, which has developed in India during the period of economic reforms and determines the potential and specifics of its political and economic development.Tasks. To trace the main stages of the evolution of relations between the state and business in the Republic of India, to assess government policy in relation to the main types of business and various business structures, to identify the degree of influence of private business on the policy and dynamics of economic development of the country.Methods. Systematic and comparative analysis, scientific generalization, expert assessments. Results. The article provides a scientific generalization of the evolution of models and methods of interaction between the state and business of the Republic of India, an assessment of their effectiveness from the point of view of socio-economic development of the country.Conclusions. The formation of the system of relations between the state and business in modern India was determined by the needs of the economic and social development of the country, the essence and forms of which were determined by the dominance of the relevant political forces and ideologies. At the initial stage, the use of repressive and coercive regulatory methods led to the establishment of a patron — client relationship between the state and business in all industrial sectors, focused on obtaining rent. However, subsequently, the growing inefficiency of the Indian economy and the growth of corruption forced the country’s ruling elites to reconsider their political and economic views and switch to a policy of economic liberalization, as a result of which India began to acquire the characteristic features of a “development state”. Currently, in a regulated market economy, the state, on the one hand, seeks to ensure greater freedom of the market, private entrepreneurship, promote greater openness and internationalization of the economy, on the other hand, weaken and limit large capital to protect small and medium-sized enterprises. At the same time, the relations between the state and business continue to be largely clientelistic, which, according to many experts, hinders further economic liberalization and increasing the global competitiveness of the Indian economy.

Following the judgment of the Court of Justice and especially the Opinion of the Advocate General in the CDC Hydrogen Peroxide case, arbitration agreements on disputes concerning damages for infringements of the competition rules of the TFEU have been interpreted as being contrary to the principle of effectiveness of EU law by making the non-application of the competition rules more likely. Moreover, standard arbitration agreements, which are concluded ex ante (before the dispute arises) and delimit their objective scope in generic terms (referring, in one formulation or another, to any dispute arising out of or related to a specific contract), only cover disputes over contractual damages, but not those relating to damages in tort caused by a party’s participation in a cartel. Therefore, national judges should not decline jurisdiction over the standard arbitration agreements proposed by the main international arbitral institutions, making it impossible for arbitration to become a viable means of resolving disputes arising from cartel damages. However, although the principle of effectiveness limits the procedural autonomy of the Member States as regards the remedies for exercising the right to claim compensation for such damages, it does not prevent the holder from voluntarily waiving the right to exercise it before a court and submitting the dispute to arbitration. Moreover, in the absence of harmonization by EU law of the rules on commercial arbitration, any question relating to the existence, validity or scope of the arbitration agreement is governed by the law of each Member State. Therefore, a standard arbitration clause may also cover disputes relating to non-contractual liability incurred by a contracting party as a result of its participation in an unlawful cartel if this was the will of the parties when concluding the contract, as interpreted by national courts or arbitrators in accordance with the law applicable to the dispute.

Concentrations with EU relevance, depending on their features, may fall under multiple legal regimes. EU/national merger control systems, antitrust rules, the Digital Markets Act, and the Foreign Subsidies Regulation impose (more or less) comprehensive jurisdictional, procedural and substantive requirements on such transactions. The manner in which these legal realms interact is remarkable from several standpoints: concentrations are tested ex-ante or ex-post, for various sorts of effects, using distinct methodologies and substantive tests. The merging parties may also expect that their transactions switch jurisdictions or are assessed in parallel, or subsequently, by different enforcers. The procedural roadmaps and requirements they are confronted with during the assessment processes cover broad ranges and oftentimes require skilful navigation. This contribution discusses the interplay between the merger control, antitrust, DMA and FSR regimes, attempting to assert whether addressing concentrations with EU relevance is based on coherently interacting frameworks. In doing this, the contribution weighs in on whether the EUMR continues to take centre-stage when it comes to the assessment of such concentrations – a role one could reasonably expect a mature piece of EU secondary law is apt to play.

Part of the Green Deal policy of the EU is the restoration of nature. This policy is not new as Directive 92/43 on the conservation of natural habitats and of wild flora and fauna has already resulted in the designation of special areas of nature conservation. Recently, the draft regulation on nature restoration was adopted after a heated debate in both the European Parliament and the Council. It is clear from the outset that the need to protect natural sites is high on the agenda of the EU. The Member States are responsible for implementing the EU rules on the management of natural sites. It goes without saying that this implementation will trigger huge investments by these States. This raises issues of EU State aid law: if entities engaged in economic activities receive funding with a view to the management of natural sites, it has to be examined whether this is in line with Articles 107-109 TFEU. In this paper it will be explored whether the concept of Services of General Economic Interest (SGEI) is capable of accommodating nature management concerns in the application of the EU State aid rules. This concept has been used for striking a balance between the necessity to ensure undistorted competition in the EU internal market and various public interest policies. It will be argued that on the basis of arguments derived from ecological solidarity and ecological heritage, the management of natural sites may be designated as a SGEI mission. However, in this regard, it is of great interest to acknowledge that this management consists of three categories of activities: 1) the acquisition of natural sites (in order to make the management of natural sites possible), 2) nature conservation (aimed at the preservation and protection of natural sites), and 3) exploitation of natural sites (such as the selling of wood and touristic activities). The current approach developed in the decisional practice of the Commission and the case law of the Union Courts do not pay due consideration to the special characteristics of these activities and, as a result, it suffers from conceptual problems. This prevents EU Member States from financing projects geared towards the sustainable exploitation of natural sites. In this contribution, an alternative approach will be developed in order to do justice to the wide variety of nature management activities. Such an approach could contribute to the attainment of the Green Deal goals.

Corporate sustainability due diligence (CSDD) is needed in order to achieve a transition towards a green economy and deliver the UN Sustainable Development Goals. Therefore, the Commission proposed the Corporate Sustainability Due Diligence Directive (CSDDD) in 2019. In March 2024, the Council and the European Parliament finally reached an agreement on the CSDDD. This Directive obliges companies, if need be, to “collaborate” within the supply chain in order to reach the goals of the act, as long as such collaboration is in compliance with “Union law, including competition law”. This begs the question how much room these companies will have under EU competition law to collaborate with other companies in the value chain. In this article, a discussion will take place on the different aspects at stake. Companies should collaborate with subsidiaries and business partners. These companies will, from a competition law perspective, sometimes be seen as part of one undertaking. In instances where we have different undertakings, Article 101 will play a role. This article will then further delve into the question of how much room undertakings will have in light of the cartel prohibition to create agreements with the aim of achieving the CSDDD goals. Therefore, the article will also discuss whether such agreements do infringe the cartel prohibition.

Of all commercial renewable generation technologies, offshore wind is the costliest, far more so than solar photovoltaics and onshore wind. The newest incarnation of offshore wind-floating turbines that can be [...]

In the United States, an administrative agency called the Copyright Royalty Board (CRB) sets rates for various compulsory licenses. Under those licenses, qualified parties can pay a government-set fee and [...]

Terry Rainwaters owns 136 acres of rural land in northwest Tennessee. He lives on the property with his son, rents a second house on the property to long-term tenants, and [...]

Three months before the end of his presidency, Donald Trump quietly issued Executive Order 13957, allowing the conversion of some federal civil service jobs to excepted service under a new [...]

Economics in America: An Immigrant Economist Explores the Land of Inequality By Angus Deaton 271 pp.; Princeton University Press, 2023 Economist Angus Deaton was born and educated in Britain and [...]

Consumer and industrial equipment have become increasingly sophisticated over the past decade. As machines evolve alongside the technological revolution, they become increasingly dependent on complex computing software and uniquely manufactured [...]

Debit card interchange fees are paid by merchants to issuing banks for processing debit card transactions. The fees have been a subject of controversy and regulation in the United States [...]

Protecting the environment is one of the most current topics of debate around the world. From the impact people have through all their actions, to how the planet can be protected, discussions about the environment are of great interest to everyone. If you have a business and you want to have as little impact on nature as possible, you need to be very well informed both about how you act and about the existing legislation in the Republic of Moldova. An environmentally friendly business is one that uses resources efficiently, trying to minimize the impact of environmental risks. Adapting companies to have more sustainable businesses starts with awareness of the issues and understanding the importance of these changes.

By any measure, US federal regulation is big business. Year after year, hundreds of thousands of employees at 70-plus regulatory agencies churn out thousands of new rules. Since 1970, the [...]

Matt Zwolinski and Miranda Perry Fleischer's Universal Basic Income lives up to its subtitle, What Everyone Needs to Know--or nearly. In 66 short chapters, the book provides a trove of [...]

Agriculture in the developed world has historically benefited from government support in the form of subsidies, price controls, trade protection, and other policies. These result from a political process that [...]

As I prepared to read these two books, I had different expectations. I thought Branko Milanovic's Capitalism, Alone would contain some interesting defenses of capitalism, while The Myth of American [...]

In Power and Progress, Massachusetts Institute of Technology economists Daron Acemoglu and Simon Johnson argue that for technology to be beneficial to society and create no unemployment, inequality, or poverty, [...]

Three years ago, I looked into purchasing a modestly priced condo as an investment property in my hometown of Winston-Salem, NC. I found what seemed like the perfect choice: a [...]

Supreme Court Justice Louis Brandeis spoke so often of the societal harms of corporate growth and industrial concentration that Osmond K. Frankael titled his edited collection of Brandeis's papers The [...]

Princeton sociology professor Matthew Desmond has spent his academic career studying American poverty and public policy. In his latest book, Poverty, by America, he explicitly states his purpose as answering [...]

Electric Vehicles (EVs) are great on paper. But in practice, Ford Motor Company CEO Jim Farley had a 'reality check' when he took his company's F-150 Lightning EV Truck on [...]

Traditional defined benefit pension plans sponsored by state and local governments are dramatically underfunded, requiring large infusions of public funds in future years if they are to deliver promised benefits. [...]

Well-designed regulations seek to correct for market failures. But they can only protect society if they are followed. For decades, an assumption has prevailed throughout regulatory circles that most businesses [...]

Quality measurement in healthcare policy struggles with two particularly chronic pre-existing conditions in U.S. politics: aversion to the appearance of 'discriminatory' decision making and resistance to accountability for overtly restricting [...]

The paper tracks challenges to litigating (direct and indirect) imports of military equipment to Russia and Russia’s subsequent international humanitarian law of armed conflicts (IHL) violations committed in indiscriminate attacks in Ukraine. It asks whether arms export control is capable of preventing or mitigating the results of indiscriminate attacks in Ukraine. It is assumed that IHL compliance can be complemented by preventing military equipment from being delivered to recipients when there is a risk of serious IHL violations being committed with that equipment. By comparing arms transfers from Iran with other controversial arms exports, the paper examines if increased protection for IHL ensued by arms export control laws can remedy deficiencies in arms transfer decisions that do not account for IHL. If an answer is negative, corporate due diligence will perform a complementary role in respecting IHL when state authorisation for arms transfer fails to account for IHL.