State's Economic Regulation Role

Extract

[...] In an international competition and European integration context, the state's room for maneuver is limited, requiring coordination between national and European policies. Regulation of economic activities by law 1. THE ROLE OF LAW AND AAI IN ECONOMIC REGULATION objective: regulate economic activity - correcting market dysfunctions - optimize existing functions means: regulation - rules of public order imperative: apply compulsorily (e.g. [...]

[...] innovations appear in clusters and gradually replace old activities, creating a permanent cycle of destruction and creation. in conclusion: to survive and grow, companies must analyze their environment (PESTEL), identify opportunities and threats, and innovate strategically to maintain their competitiveness. [...]

[...] the SMIC) - suppletive rule: apply if the parties do not provide otherwise (e.g. delivery periods of 30 days) privileged actors: the AAI (Independent Administrative Authorities) independent public institutions of the State : - the competition authority: sanctions anti-competitive practices and controls concentrations, - the CNIL: ensures compliance with rules on personal data, - the AMF: regulates financial markets 2. THE COMPETITION LAW OBJECTIVE: MAINTAIN EFFECTIVE AND FAIR COMPETITION loyalty of competition acts of unfair competition prohibited : désorganisation : prevent a competitor from functioning (poaching, website saturation) client poaching : dishonest methods to attract the competitor's clients denigration : public criticism prejudicial to the competitor parasitism : to benefit from the efforts of others without bearing the costs the abusively low prices : prohibition of selling at too low prices to eliminate competition or deceive the consumer FIGHTING AGAINST UNFAIR COMPETITIVE PRACTICES the control of concentrations : - Mergers / acquisitions subject to authorization by the Competition Authority - thresholds : 150 of global CA + 50 in France for at least two parties abuse of dominant position : - dominant position = licite - son abuse = sanctionable ( fine up to 10% of global turnover ) agreements : - horizontal : between competitors - vertical : with suppliers / distributor - sanction : fine up to 10% of global turnover 3. [...]

[...] support to the offer (enterprises): - tax credits (CICE) - subsidies, loans (BPI France) - flexibilisation of labour law support for demand (consumers) : - revaluation of the SMIC - cut in interest rates - first and family benefits 3. THE FAILURES OF COMPETITIVE MARKETS internal constraints : - limited budget : need for budgetary balance - deficit and public debt to be mastered - efficiency of taxation : risk of discouraging investment and consumption - need to reassure financial markets to borrow at low rates external constraints : - globalization : - tax competition between countries (example: reduction of corporate tax rate) - social competition (risks of relocation to countries with lower costs) - the European Union : - respect of treaties: public deficit [...]

[...] of fine - civil action : damages and interests THE BRAND definition : distinctive sign of a company and / or its products Conditions : - non generic, free (available), in accordance with the law and good morals, non-deceptive forms protectable : - names, numbers, logos, sound signatures (with graphical representation) protection : - 10 years indefinitely renewable (INPI) - 10 years in Europe (OHMI) - 20 years worldwide (WIPO) sanctions in case of counterfeiting : - criminal action in counterfeiting: up to 3 years in prison and 300,000 ? fines - civil action in unfair competition: damages and interest The Influence of the Environment on the Company 1. [...]