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The antitrust treatment of loyalty discounts and rebates in the EU competition law: in search of an economic approach and a theory of consumer harm
No full textIn the paper, the fundamental question is under what conditions loyalty discounts and rebates adopted by a dominant firm cause anti-competitive effects. Fidelity schemes, although extremely frequent in the market, if applied by a dominant firm, are likely to be judged as illegal per se, as demonstrated by the EU case-law delivered so far and the severe scrutiny reserved by the national competition authorities. As a result, the paper first provides an analytical overview of loyalty structures, focusing in particular on retroactive rebates, and elaborates on important economic implications, such as the lock-in and the suction effect. The work then discusses the novelties introduced by the Guidance Paper on the Application of Art. 102 of the TFEU, which calls for an effects-based analysis of exclusionary abuses. Therefore, after an in-depth evaluation of the as-efficient competitor test, the new approach of the European Commission towards loyalty discounts and rebates is discussed in details with reference to a controversial antitrust case recently examined at EU level (Tomra). The paper finally proposes a systematic economic framework for analysing the effects, and therefore the legality, of fidelity schemes, in the light of a consistent theory of consumer harm.In the paper, the fundamental question is under what conditions loyalty discounts and rebates adopted by a dominant firm cause anti-competitive effects. Fidelity schemes, although extremely frequent in the market, if applied by a dominant firm, are likely to be judged as illegal per se, as demonstrated by the EU case-law delivered so far and the severe scrutiny reserved by the national competition authorities. As a result, the paper first provides an analytical overview of loyalty structures, focusing in particular on retroactive rebates, and elaborates on important economic implications, such as the lock-in and the suction effect. The work then discusses the novelties introduced by the Guidance Paper on the Application of Art. 102 of the TFEU, which calls for an effects-based analysis of exclusionary abuses. Therefore, after an in-depth evaluation of the as-efficient competitor test, the new approach of the European Commission towards loyalty discounts and rebates is discussed in details with reference to a controversial antitrust case recently examined at EU level (Tomra). The paper finally proposes a systematic economic framework for analysing the effects, and therefore the legality, of fidelity schemes, in the light of a consistent theory of consumer harm.Refereed Working Papers / of international relevanc
I diritti gli obblighi e le responsabilità degli arbitri derivanti dal contratto di arbitrato
No full textIl contratto di arbitrato: ricostruzione della fattispecie e posizioni della dottrina. Struttura del contratto di arbitrato: il rapporto parti-arbitri. Altre ipotesi di responsabilità degli arbitri. L’arbitrato amministrato: profili contrattuali e di responsabilità.Il contratto di arbitrato: ricostruzione della fattispecie e posizioni della dottrina. Struttura del contratto di arbitrato: il rapporto parti-arbitri. Altre ipotesi di responsabilità degli arbitri. L’arbitrato amministrato: profili contrattuali e di responsabilità.LUISS PhD Thesi
Forme di resistenza all'arbitrato: l'arbitrato per le public companies fra adesione e consenso
No full textL'arbitrato societario fra resistenze ed aperture nell'ordinamento italiano. L’arbitrato societario per le società quotate negli ordinamenti stranieri. L'arbitrato per le public companies nell’ordinamento statunitense. L'esclusione delle società facenti ricorso al mercato del capitale di rischio nell'ordinamento italiano. Adesione alla società, rilievo reale dell'atto costitutivo e consenso alla clausola compromissoria.L'arbitrato societario fra resistenze ed aperture nell'ordinamento italiano. L’arbitrato societario per le società quotate negli ordinamenti stranieri. L'arbitrato per le public companies nell’ordinamento statunitense. L'esclusione delle società facenti ricorso al mercato del capitale di rischio nell'ordinamento italiano. Adesione alla società, rilievo reale dell'atto costitutivo e consenso alla clausola compromissoria.LUISS PhD Thesi
Il contenzioso sui provvedimenti sanzionatori della Consob
No full textLa potestà sanzionatoria della Consob. L'architettura del procedimento sanzionatorio della Consob. Gli arresti della giurisprudenza nel contenzioso concernente i giudizi di opposizione a sanzione. L'incidenza dei profili comparatistici nella definizione del sistema sanzionatorio domestico ottimale. Le novità introdotte dal Codice del processo amministrativo sul regime di impugnabilità degli atti della Consob. La devoluzione al G.A. del sindacato giurisdizionale sui provvedimenti sanzionatori. Profili processuali. Diritto comunitario e ruolo del giudice nell'applicazione della disciplina sanzionatoria.La potestà sanzionatoria della Consob. L'architettura del procedimento sanzionatorio della Consob. Gli arresti della giurisprudenza nel contenzioso concernente i giudizi di opposizione a sanzione. L'incidenza dei profili comparatistici nella definizione del sistema sanzionatorio domestico ottimale. Le novità introdotte dal Codice del processo amministrativo sul regime di impugnabilità degli atti della Consob. La devoluzione al G.A. del sindacato giurisdizionale sui provvedimenti sanzionatori. Profili processuali. Diritto comunitario e ruolo del giudice nell'applicazione della disciplina sanzionatoria.LUISS PhD Thesi
I sistemi europei di gestione degli imballaggi: profili organizzativi e concorrenziali di tre modelli a confronto
No full textStarting from the Nineties with the European Directive 94/62/CE, better known as “Packaging Directive”, and on the basis of the principle of “extended producer responsibility”, almost all over Europe it’s possible to see the creation of systems of packaging waste management that have been set up among private companies for managing different tipes of waste and fulfilling the undertaking’s environmental liabilities.
This work aims at analyzing European systems of packaging waste management, in particular the Italian, the French and the German ones. This analysis is also accompanied by a legal survey on the nature, private or public, of the main subjects of each system and on the possible relationships between economic activities and environmental protection. In fact, although these systems obtained good managing results, they also created competitive difficulties within many product markets.Starting from the Nineties with the European Directive 94/62/CE, better known as “Packaging Directive”, and on the basis of the principle of “extended producer responsibility”, almost all over Europe it’s possible to see the creation of systems of packaging waste management that have been set up among private companies for managing different tipes of waste and fulfilling the undertaking’s environmental liabilities.
This work aims at analyzing European systems of packaging waste management, in particular the Italian, the French and the German ones. This analysis is also accompanied by a legal survey on the nature, private or public, of the main subjects of each system and on the possible relationships between economic activities and environmental protection. In fact, although these systems obtained good managing results, they also created competitive difficulties within many product markets.LUISS PhD Thesi
Understanding the adoption process of ICT in practice: small enterprises and the ICT "Lego-era". An exploratory study
No full textThe aim of this exploratory work is develop a deeper understanding of the adoption process of information and communication technology (ICT) in small enterprises. SMEs are the majority of businesses in Europe and ICTs are often
seen as potential enablers for their long-term organizational sustainability. However, statistics report small enterprises as being traditionally slow in keeping pace with technological advancements. Are they only lagging behind? The lack of research on this theme suggests the following question concerning SMEs: How does the adoption process of ICT take place in practice? The RQ is sharpened through an incremental research design in that the SMEs,
ICT and Organization literature are examined and combined with confrontation with experts. This study, informed by interpretive research assumptions adopts an exploratory and qualitative research design with the aim of obtaining thick
descriptions on the phenomenon under study. Two case studies are developed in the Italian context: a pilot case on the adoption of a non-core ICT (e-Invoicing) in a small manufacturing firm and an in-depth one on the adoption of a core ICT (website) in a small publishing firm. These are then analysed through the lens of a double theoretical framework: Rogers’ Diffusion of Innovations Theory (as
overarching theory) and Leonardi’s Theory of Imbrication (for in-depth insights into the dynamics of organizing). The analysis focuses specifically on the process of adoption in time and sheds light on the concepts of re-invention,
previous practice and technology clusters. In doing so it provides an account of the organizational implications of organizing in the era of “lego-like” ICTs. Although limited by its exploratory nature, this study contributes to the literature in the field of Information Systems by directly addressing with the theoretical dimension of technology. It also contributes to the literature on SMEs and ICT
adoption in that it engages with the specificities of SMEs rather than with critical adoption factors only.The aim of this exploratory work is develop a deeper understanding of the adoption process of information and communication technology (ICT) in small enterprises. SMEs are the majority of businesses in Europe and ICTs are often
seen as potential enablers for their long-term organizational sustainability. However, statistics report small enterprises as being traditionally slow in keeping pace with technological advancements. Are they only lagging behind? The lack of research on this theme suggests the following question concerning SMEs: How does the adoption process of ICT take place in practice? The RQ is sharpened through an incremental research design in that the SMEs,
ICT and Organization literature are examined and combined with confrontation with experts. This study, informed by interpretive research assumptions adopts an exploratory and qualitative research design with the aim of obtaining thick
descriptions on the phenomenon under study. Two case studies are developed in the Italian context: a pilot case on the adoption of a non-core ICT (e-Invoicing) in a small manufacturing firm and an in-depth one on the adoption of a core ICT (website) in a small publishing firm. These are then analysed through the lens of a double theoretical framework: Rogers’ Diffusion of Innovations Theory (as
overarching theory) and Leonardi’s Theory of Imbrication (for in-depth insights into the dynamics of organizing). The analysis focuses specifically on the process of adoption in time and sheds light on the concepts of re-invention,
previous practice and technology clusters. In doing so it provides an account of the organizational implications of organizing in the era of “lego-like” ICTs. Although limited by its exploratory nature, this study contributes to the literature in the field of Information Systems by directly addressing with the theoretical dimension of technology. It also contributes to the literature on SMEs and ICT
adoption in that it engages with the specificities of SMEs rather than with critical adoption factors only.LUISS PhD Thesi
The Role of Civil Society in a Fragmented and a Weak Arab State: Developing or Fragmenting the State? Analyzing the Mujtama Ahli, Mujtama Taefi and Mujtama Madani in Lebanon
No full textDiscussing Civil Society in the Middle East. Civil Society Liberal Democracy and the Lebanese State. Weak States; Failed States and the Case of Lebanon. Mujtama Ahli, Mujtama Taefi and the State in Lebanon. Development of the Mujtama Madani and the State of Lebanon.Discussing Civil Society in the Middle East. Civil Society Liberal Democracy and the Lebanese State. Weak States; Failed States and the Case of Lebanon. Mujtama Ahli, Mujtama Taefi and the State in Lebanon. Development of the Mujtama Madani and the State of Lebanon.LUISS PhD Thesi
Local Voting Rights for Migrants: a Tool for Democracy and a Support for Integration
No full textSaying that migration is in steady increase and that this produces new global challenges is not news anymore. Nor is the fact that migrants are undoubtedly needed for demographic and economic reasons, for our pensions and labour market shortages. It would be also predictable that well managed migration brings benefits to both the States of origin and of destination, as well as the migrant. The key element in every analysis on migration is another: migration is unavoidable and in a near future it will become a natural aspect of every society. The winning approach in ‘managing’ migration should therefore be directed to the creation of those conditions that encourage the natural development of a plural society, rather than focus on containment aspects.
It is also true that in public debate the emphasis on integration has recently increased, yet a sort of bipolarism is traceable between the concept from a sociological point of view and the integration policies promoted by the States. Thus, integration courses and programmes – that nowadays cover sometimes also pre-departure courses or become requirements for the legal entry – hide elements of closure rather than a support to inclusion. Looking at migrants as an integral part of the society would instead assume more durable policies.
One of the policies that clearly promote this approach, as well as an active involvement of migrants, is the right to vote. Although the progressive enlargement of the electoral suffrage has become a political imperative in democratic history (Raskin, 1992), the opportunity to include the ‘new mass’ of immigrants into the political arena has not found a unanimous application. The heated debate on this topic is based on different attitudes toward political inclusion, which in any case remains one of the strongholds of the State’s sovereignty. On the one side, voting rights are by many constitutions restricted to citizens only and are considered the last step of a successful integration. On the other side, voting rights are increasingly requested in the name of democratic principles of participation and legitimacy and as a tool for integration. Two conflicting views, fundamentally two research questions: are voting rights requested or in contrast with democratic principles? Are they part or the end of the integration process? A third key element to enter in the entangled discussion is the level of political inclusion for migrants, whether at national or local one. How far can their political inclusion be promoted? The study is divided into three parts, using an approach that starts from a theoretical perspective (Part I) and leads to analytical considerations (Part II) and finally to empirical evidences (Part III).
Oddly enough, only few have focused on this controversial topic, especially in the European context. This research has the ambition of providing a comprehensive analysis of local voting right policies, while supporting the thesis that political inclusion
3
at a local level is normatively suitable for democracy and practically valuable as a way to promote integration. I argue that the exclusion of non-citizens from the local ballot is not beneficial for democracy, and a missing opportunity to create a favourable setting for integration. Given the multidimensionality and complexity of the topic at stake - which involves concepts such as citizenship, integration, democracy, and political participation - I attempt not to confine the research to a single lens of analysis. I therefore sought to generate a dialogue between the normative level related to the theories of citizenship and the sociology of migration, coupled with empirical analysis and statistical evidences.Saying that migration is in steady increase and that this produces new global challenges is not news anymore. Nor is the fact that migrants are undoubtedly needed for demographic and economic reasons, for our pensions and labour market shortages. It would be also predictable that well managed migration brings benefits to both the States of origin and of destination, as well as the migrant. The key element in every analysis on migration is another: migration is unavoidable and in a near future it will become a natural aspect of every society. The winning approach in ‘managing’ migration should therefore be directed to the creation of those conditions that encourage the natural development of a plural society, rather than focus on containment aspects.
It is also true that in public debate the emphasis on integration has recently increased, yet a sort of bipolarism is traceable between the concept from a sociological point of view and the integration policies promoted by the States. Thus, integration courses and programmes – that nowadays cover sometimes also pre-departure courses or become requirements for the legal entry – hide elements of closure rather than a support to inclusion. Looking at migrants as an integral part of the society would instead assume more durable policies.
One of the policies that clearly promote this approach, as well as an active involvement of migrants, is the right to vote. Although the progressive enlargement of the electoral suffrage has become a political imperative in democratic history (Raskin, 1992), the opportunity to include the ‘new mass’ of immigrants into the political arena has not found a unanimous application. The heated debate on this topic is based on different attitudes toward political inclusion, which in any case remains one of the strongholds of the State’s sovereignty. On the one side, voting rights are by many constitutions restricted to citizens only and are considered the last step of a successful integration. On the other side, voting rights are increasingly requested in the name of democratic principles of participation and legitimacy and as a tool for integration. Two conflicting views, fundamentally two research questions: are voting rights requested or in contrast with democratic principles? Are they part or the end of the integration process? A third key element to enter in the entangled discussion is the level of political inclusion for migrants, whether at national or local one. How far can their political inclusion be promoted? The study is divided into three parts, using an approach that starts from a theoretical perspective (Part I) and leads to analytical considerations (Part II) and finally to empirical evidences (Part III).
Oddly enough, only few have focused on this controversial topic, especially in the European context. This research has the ambition of providing a comprehensive analysis of local voting right policies, while supporting the thesis that political inclusion
3
at a local level is normatively suitable for democracy and practically valuable as a way to promote integration. I argue that the exclusion of non-citizens from the local ballot is not beneficial for democracy, and a missing opportunity to create a favourable setting for integration. Given the multidimensionality and complexity of the topic at stake - which involves concepts such as citizenship, integration, democracy, and political participation - I attempt not to confine the research to a single lens of analysis. I therefore sought to generate a dialogue between the normative level related to the theories of citizenship and the sociology of migration, coupled with empirical analysis and statistical evidences.LUISS PhD Thesi
A Design Theory for IT supporting Online Communities
No full textDifferently from other studies that tend to take into consideration actual behaviors of online community users, this paper addresses the design problem of IT platforms for supporting these communities. At the basis of this design theory here introduced there is the so called kernel theory. The comparison between offline and online communities allowed to outline main factors of this theory that were used in order to derive prescriptions for the meta-requirements, the product features (meta-design), the design process (design method) and the definition of testable design product and process hypotheses. An intelligent multimedia platform providing innovative social e-services for European elderly persons and their social entourage constituted the case study in which the IT design theory was applied.Differently from other studies that tend to take into consideration actual behaviors of online community users, this paper addresses the design problem of IT platforms for supporting these communities. At the basis of this design theory here introduced there is the so called kernel theory. The comparison between offline and online communities allowed to outline main factors of this theory that were used in order to derive prescriptions for the meta-requirements, the product features (meta-design), the design process (design method) and the definition of testable design product and process hypotheses. An intelligent multimedia platform providing innovative social e-services for European elderly persons and their social entourage constituted the case study in which the IT design theory was applied.Uninvited Submission
Institutional Work & Individual Competence: The role of interactions in creating maintaining and disrupting institutions.
No full textThis work is a research proposal on microfoundations of neo-institutional theory. This proposal suggests to analyze, through the lens of neo-institutional theory, the role of individual competences in creating, maintaining, and disrupting institutions. Individuals exercise influence on the type of processes and operations that the organization carries on [1]. When these influences enable organizational innovation through the introduction of new practices, the underpinning mechanisms assume importance as premises for organizational design. In this study we propose to analyze a case of successful design and implementation of a service platform in the Italian public sector, supporting the interaction among Public Administrations (PA), Small and Medium Enterprises (SME) and citizens. This platform has been successfully adopted through software re-use projects in more than 140 local PAs in the Toscana Region, resulting in an interesting case-study to understand the influence of individual competence and their interactions in fostering innovation.This work is a research proposal on microfoundations of neo-institutional theory. This proposal suggests to analyze, through the lens of neo-institutional theory, the role of individual competences in creating, maintaining, and disrupting institutions. Individuals exercise influence on the type of processes and operations that the organization carries on [1]. When these influences enable organizational innovation through the introduction of new practices, the underpinning mechanisms assume importance as premises for organizational design. In this study we propose to analyze a case of successful design and implementation of a service platform in the Italian public sector, supporting the interaction among Public Administrations (PA), Small and Medium Enterprises (SME) and citizens. This platform has been successfully adopted through software re-use projects in more than 140 local PAs in the Toscana Region, resulting in an interesting case-study to understand the influence of individual competence and their interactions in fostering innovation.Uninvited Submission