An Assessment of the Penalties System for Infringements of EU Competition Law: Can Personal Sanctions be the Missing Piece of the Puzzle? IES WORKING PAPER 6/2013

Competition law seeks to protect competition on the market as a means of enhancing consumer welfare and of ensuring an efficient allocation of resources. In order to be successful, therefore, competition authorities should be adequately equipped and have at their disposal all necessary enforcement tools. However, at the EU level the current enforcement system of competition rules allows only for the imposition of administrative fines by the European Commission to liable undertakings. The main objectives, in turn, of an enforcement policy based on financial penalties are two fold: to impose sanctions on infringing undertakings which reflect the seriousness of the violation, and to ensure that the risk of penalties will deter both the infringing undertakings (often referred to as 'specific deterrence') and other undertakings that may be considering anti-competitive activities from engaging in them (often referred to as 'general deterrence'). In all circumstances, it is important to ensure that pecuniary sanctions imposed on infringing undertakings are proportionate and not excessive. Although pecuniary sanctions against infringing undertakings are a crucial part of the arsenal needed to deter competition law violations, they may not be sufficient. One alternative option in that regard is the strategic use of sanctions against the individuals involved in, or responsible for, the infringements. Sanctions against individuals are documented to focus the minds of directors and employees to comply with competition rules as they themselves, in addition to the undertakings in which they are employed, are at risk of infringements. Individual criminal penalties, including custodial sanctions, have been in fact adopted by almost half of the EU Member States. This is a powerful tool but is also limited in scope and hard to implement in practice mostly due to the high standards of proof required and the political consensus that needs first to be built. Administrative sanctions for individuals, on the other hand, promise to deliver up to a certain extent the same beneficial results as criminal sanctions whilst at the same time their adoption is not likely to meet strong opposition and their implementation in practice can be both efficient and effective. Directors’ disqualification, in particular, provides a strong individual incentive for each member, or prospective member, of the Board as well as other senior executives, to take compliance with competition law seriously. It is a flexible and promising tool that if added to the arsenal of the European Commission could bring balance to the current sanctioning system and that, in turn, would in all likelihood make the enforcement of EU competition rules more effective. Therefore, it is submitted that a competition law regime in order to be effective should be able to deliver policy objectives through a variety of tools, not simply by imposing significant pecuniary sanctions to infringing undertakings. It is also clear that individual sanctions, mostly of an administrative nature, are likely to play an increasingly important role as they focus the minds of those in business who might otherwise be inclined to regard infringing the law as a matter of corporate risk rather than of personal risk. At the EU level, in particular, the adoption of directors’ disqualification promises to deliver more effective compliance and greater overall economic impact.

Oligarchs after the Maidan: the old system in a 'new' Ukraine. OSW Commentary No. 162, 2015-02-16

From the Introduction. There have been major changes in the balance of forces among the key Ukrainian oligarchs, representatives of big business with strong political influence, since the victory of the Maidan revolution. However, these changes have not undermined the oligarchic system per se. Over the past decade or so, the oligarchs have been key players in Ukrainian politics and economy, and they have retained this position until the present. One of the effects of the change of the government in Kyiv and the war in the Donbas was the elimination of the influence of ‘the family’ – the people from Viktor Yanukovych’s inner circle who formed the most expansive oligarchic group in Ukraine at the time of his presidency. The influence of Rinat Akhmetov, the country’s wealthiest man, has also weakened significantly; Akhmetov was one of the most influential people in Ukraine for more than ten years, partly owing to his close bonds with Yanukovych. Dmytro Firtash’s group has also lost a great deal of its influence since Firtash was arrested in Austria in March 2014.

Strategic Voting in Proportional Systems: The Case of Finland. IHS Political Science Series No. 138, September 2014

Voters try to avoid wasting their votes even in PR systems. In this paper we make a case that this type of strategic voting can be observed and predicted even in PR systems. Contrary to the literature we do not see weak institutional incentive structures as indicative of a hopeless endeavor for studying strategic voting. The crucial question for strategic voting is how institutional incentives constrain an individual’s decision-making process. Based on expected utility maximization we put forward a micro-logic of an individual’s expectation formation process driven by institutional and dispositional incentives. All well-known institutional incentives to vote strategically that get channelled through the district magnitude are moderated by dispositional factors in order to become relevant for voting decisions. Employing data from Finland – because of its electoral system a particularly hard testing ground - we find considerable evidence for observable implications of our theory.

The Future of Model Germany: Challenges to the Corporatist System of Business Labor Relations. CES Germany & Europe Working Papers, No. 07.4, 12 December 1996

Germany's economic and social system faces immense economic, social, and political demands. These may be encapsulated in challenges like "new management concepts and labor policies," "deregulation of the infrastructure sector," "globalization," and "reunification." The paper analyzes these challenges and changes to the corporatist system of industrial relations--a cornerstone in .Model Germany's specific economic success and social consensus until now.

Creating Stability: National Preferences and the Origins of European Monetary System. CES Germany & Europe Working Papers, No. 00.9, December 2000

This essay compares the preferences of France, Italy, and Britain on the creation of the European Monetary System in 1978-1979, especially the Exchange Rate Mechanism, which stabilised nominal exchange rates. My claim is that the different conclusions reached by the governments (France and Italy in, Britain out) cannot be explained by economic circumstances or by interests, and I elaborate an intervening institutional variable which helps explain preferences. Deducing from spatial theory that where decisionmakers `sit' on the left-right spectrum matters to their position on the EMS, I argue that domestic constitutional power-. sharing mechanisms privilege certain actors over others in a predictable and consistent way. Where centrists were in power, the government's decision was to join. Where left or right extremists were privileged, the government's decision was negative. The article measures the centrism of the governments in place at the time, and also reviews the positions taken by the national political parties in and out of government. It is intended to contribute to the growing comparativist literature on the European Union, and to the burgeoning literature on EU-member-state relations.

Can the eurozone’s economic governance combine political accountability, legitimacy and effectiveness? EPC Discussion Paper, 1 September 2015

After years of economic crisis, resulting in significant changes to economic governance at EU level, especially for the eurozone, the time has come to consider the longer term political and economic implications of this new situation for the economic integration process. Not only to determine how well the system is likely to function but also what more needs to be done to ensure long-term stability and to provide the EU institutions with sufficient political legitimacy to carry out this new role. This article does not consider abolishing the euro, based on the conviction that introducing the euro created a path dependency that makes trying to unpick the seams of the process extremely costly. While, economically, the exit of one eurozone member state might conceivably be manageable (but costly, especially for that country), the long term political costs might end up unravelling the whole European integration process, with the potential for a bankrupt and politically unstable state outside the euro but still within the EU. However, the status quo situation is still unstable, politically and economically, and needs further policy reforms.

The Israeli lobby for Research and Innovation in the European Union. An example of efficient cooperation in the European Neighbourhood? Bruges Political Research Papers 49/2015.

Israel figures among the world-leaders in R&D expenditure and has a high-performing scientific community. Since the 1990s it has been associated with the Scientific Policy of the European Union via the European Research Framework Programmes (FP). The cooperation between Israel and the EU in this domain has gradually increased and benefits the scientific communities on both sides. In 2014 the association of Israel to the latest and biggest European FP ever adopted (Horizon 2020) was renewed for the fourth time. Based on all the scientific evidence provided, the elaboration of a European Research Policy can be identified as a highly regulated domain, offering relevant ‘channels of influence’. These channels offer Israel the opportunity to act within the Research Policy system. Being a member of several formal EU bodies in charge of implementing EU Research Policy, Israel is able to introduce its positions effectively. This is accompanied by an outstanding level of activity by Israel in linking concrete EU Research Policy measures to the Israeli Scientific Community at the national level. To carry out this task, Israel relies on an effective organization, which remodels the provided EU structures: European ‘National Contact Points’ (NCPs) are concentrated within the ‘Europe Israel R&D Directorate’ (ISERD). ISERD connects efficiently all the relevant actors, forums and phases of EU-Israeli Research Policy. ISERD can be recognized as being at the heart of Israel's research cooperation with the EU, and its structure may be a source of in

A constitution for Erdoğan. Consequences of the political conflict in Turkey. OSW COMMENTARY No. 213, 2016-06-01

Since mid-2015 Turkey has been affected by a deep internal crisis, caused by rising political polarisation, increased levels of terrorist threat (posed by the Kurds and Islamic radicals) and the revived conflict with the Kurdistan Workers’ Party (PKK). As a consequence of this crisis, over 350,000 residents of south-eastern Turkey have been forced to leave their homes. At the same time, due to the migration crisis and despite mutual distrust in relations between Turkey and the EU, cooperation between Ankara and Brussels has been intensifying. Turkey’s ongoing destabilisation does not challenge the status of the ruling Justice and Development Party (AKP), which is de facto controlled by President Recep Tayyip Erdoğan; paradoxically, it strengthens the party. The internal crisis which the authorities have been deliberately fuelling is an element of a plan to rubber-stamp political change by introducing a presidential system of government. This is happening amid a thorough reconstruction of the socio-political order which has been underway for over a decade. In the upcoming months it is expected to result in the constitution being changed and, as a consequence, the institutionalisation of Erdoğan’s autocratic rule.

Business under supervision – pathologies serving the system of power in Russia. OSW COMMENTARY NUMBER 212 | 31.05.2016

The relations between Russia’s authorities and business circles are subordinated not so much to rational economic calculations as to the interests of political elites. The key interest in this case is maintaining the current model of government. The formal and informal supervision of business by law enforcement agencies is an important element of Russia’s economic reality. Despite the rhetoric of high-ranking officials, intended to suggest that the state is taking care of businesspeople’s interests, it is evident that there is no will to devise a systemic solution to the most urgent problems, including the state institutions’ disrespect for the rights of ownership.