Η ανταγωνιστική λειτουργία της επιχείρησης στο πλαίσιο των κανόνων ανταγωνισμού της ενιαίας αγοράς της Ευρωπαϊκής Ένωσης

Καραγκούνης, Δημήτριος

Firm's competitive performance within the EU single market competition law

Doctoral Thesis

Author

Καραγκούνης, Δημήτριος

Date

2024-06

Abstract

The information that a competing firm intends to introduce a new product has just reached your firm’s offices. Could you proceed with an immediate reduction of the price of your own product? Should you ask the distributor not to receive the competitor's product for marketing? The day-to-day operation of a business is inherent in making serious economic decisions. This research investigates and proves that the modern business is required to take multiple decisions of an economic nature with serious legal implications on a daily basis. A concern deemed as purely economic at the beginning is stimulated by the legal actions of the Administration, the jurisprudence, and possibly by the initiative of the legislator, thus easily entering directly into the neighboring space of the legal assessment of the compatibility of a business decision with the rule of law. The purpose is to escape from general categories of thought and from universal concepts which do not allow anything new, anything critically useful to be said, but to focus on the very space that is defined by economic legitimacy. In this space, there will always be the need for the strict enforcement of the rule of law erga omnes, but also the great discretion that the rule of law itself leaves in regard with the application of this rule by the interested parties. The assessment of whether a conduct is contrary to the law and restricts the functioning of the competition in the market is intrinsically linked both to the circumstances of the specific case and to the general context in which such conduct takes place. A proper functioning of the single market, as millions of European citizens know and experience it, in which fair and effective competition is ensured, is crucial to boosting productivity and growth. With such serious and unavoidable upheavals (financial crisis, war conflicts, pandemic, etc.) the functioning of the single market should not be taken for granted and specific efforts are required to enhance it. Growth and productivity are best supported by competitive and efficient markets that avoid price volatility, as well as by structural reforms that eliminate obstacles in the business environment at a national and EU level. Good governance and respect for the rule of law, in particular independent, high quality and efficient systems for the enforcement of competition and administration of justice rules as well as strong anti-corruption and anti-fraud frameworks, constitute decisive factors for an economy at the service of the people. Main goal of the present thesis is to investigate the ways in which the daily management decisions for the cultivation of competitive operation of a company are legal, according to the rules of competition law. What matters ultimately is that the rules are actually complied with. When it comes to taking practical steps to ensure compliance, companies should keep in mind that their efforts will be assessed on the basis of results, in other words they will be judged by their success in avoiding infringements. Therefore, as another purpose of the present was to ascertain the familiarity with the relevant rules of the people who make the business decisions and consequently their evaluative judgment regarding any disproportionate restrictions placed by these rules on the business operation. In order to draw conclusions, an attempt is made for the first time in the literature to gather and categorize the decisions of the Hellenic Competition Commission and to analyze their possible correlation with the structure of the Greek market and the course of economic indicators in the respective time periods of the issuance of the jurisprudence. No definite correlation is drawn from this research. Subsequently, the questionnaire was used as a research tool for drawing conclusions. Addressing a targeted sample of respondents, with a high level of knowledge in the rules of competition law or economics, this paper draws particularly useful conclusions. Firstly, we mention the trust in the market - as an institution - which allows modern european business to be able to operate competitively under the rules of EU competition law. Secondly, significant discrepancies are reported in the answers between the two sexes, in terms of the requirement for the social interventionism of the state with the aim of fairer development of entrepreneurship. Thirdly, the universal acceptance of the legal behavior of a business is noted, as a condition for strengthening its reputation and in general its existence, although this is not at all reflected in everyday life. The final and most important conclusion is the finding that only parallel education in economics and law ensures decision-making for the legitimate development of a company's competitiveness.

Department

Σχολή Οικονομικών, Επιχειρηματικών και Διεθνών Σπουδών. Τμήμα Οργάνωσης και Διοίκησης Επιχειρήσεων

Number of pages

475

Language

Greek

URI

https://dione.lib.unipi.gr/xmlui/handle/unipi/16608
http://dx.doi.org/10.26267/unipi_dione/4030

Collections

Τμήμα Οργάνωσης και Διοίκησης Επιχειρήσεων

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Except where otherwise noted, this item's license is described as
Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα