Law Commons^™

100 Days Of Act On Contractual Advantage, Piotr Adamczewski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article discusses 100 days of the Act of 15th December 2016 on the unfair use of contractual advantage in the trade in agricultural and food products. The author describes the cases that the President of the Office of Competition and Consumer Protection (referred as the President of the UOKIK) is currently dealing with along with other instruments used as a tool in combating unfair practices. Next issue tackled is the cooperation of the President of the UOKiK with other relevant bodies in the context of handled cases and possible legislation process. Afterwards the author analyses the popularization of the …

Does Government Contracting Have A Remedies Problem? A Response To Eric M. Singer, Competitive Public Contracts, Steven W. Feldman

Nevada Law Journal Forum

In his provocative article, Competitive Public Contracts, Eric M. Singer claims that deficient contractor performance is inherent in government contracting. Singer asserts that, “fundamentally,” public purchasing has a “contract-remedies problem”—the absence of both any “credible threat” and any “effective contract remedy to deter or correct [contractor] misbehavior.” Unlike private buyers, who have plausible threats to motivate contractors to perform properly, governments are said to “often” labor under intrinsic and extrinsic limitations that undermine remedial alternatives. Consequently, Singer argues that governments (especially state and local agencies) have no “effective contract remedy” to induce improved contractor performance. Among these “ineffective” remedies, according …

Singapore: A Small Country With Liberal Competition Law, Konrad Kohutek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This paper presents selected regulations of competition law in Singapore, paying particular attention to legal solutions which are different from those that are applicable in EU or Polish competition law. The issue of the concentration control in Singapore law has been omitted.

Tit For Tat: How Will Other Countries React To The Tax Cuts And Jobs Act?, Reuven S. Avi-Yonah, Gianluca Mazzoni

Law & Economics Working Papers

The Tax Cuts and Jobs Act of 2017 (TRA17) represents the most comprehensive reform of US international tax rules since 1962. An important question in evaluating TRA17 is how US trading partners will respond to its provisions. In general, US trading partners may take steps to negate the competitive advantage gained by the US from the lower rate of corporate tax, expensing and the “patent box”. They may also take advantage of the participation exemption and the cross-crediting feature of GILTI to increase taxes on US multinationals. Finally, they are likely to copy the BEAT and apply it to US …

Climate Change Is Very Real - And So Is The Risk Of Litigation, Cynthia Williams

Editorials and Commentaries

According to a recent analysis, close to 900 climate-change cases have been filed in “24 countries and in the European Union, with 654 cases filed in the U.S. and over 230 cases filed in all other countries combined,” as of March 2017.

So far, many of these cases have been filed against government entities, either for their failures to regulate consistent with their rhetoric in international negotiations, or for failing to protect their citizens’ health and future prospects according to long-standing, common law public trust doctrines.

Are The Stock Markets “Rigged”? An Empirical Analysis Of Regulatory Change, Stephen F. Diamond, Jennifer W. Kuan

Faculty Publications

Volatile events in the stock market such as the 2010 Flash Crash have sparked concern that financial markets are “rigged” in favor of trading firms that use high frequency trading (“HFT”) systems. We analyze a regulatory change implemented by the SEC in 2007 by examining its effect on a key market metric, the bid-ask spread, an investor cost, and find that the regulatory shift, indeed, disadvantages investors. We link the implementation of this change to a shift in the volume of trades from a low-cost venue to a high-cost venue. We argue that this outcome is predicted by the incentives …

The Risk Of An Anti-Consumer Cfpb, Christopher L. Peterson

Utah Law Faculty Scholarship

The risks of an anti-consumer CFPB go beyond just those cases currently under investigation. America has a massive financial sector that is constantly evolving and reinventing itself. This striving for innovation and efficiency is, of course, one of the American financial system’s great advantages. Nevertheless, the Sun-Tzu-worshipping, MBA-wielding financiers that use boilerplate consumer credit contracts as weapons in their endless market-share battles are paying attention to what the agency is doing—and more importantly, to what it is not doing. A chilled CFPB law enforcement program will embolden the consumer finance industry to roll out more misleading advertising, more deceptive sales …

The Statutory Conditions Establishing The Contractual Advantage In The Practice Of Unfair Use Of Contractual Advantage In Food And Agriculture Industry, Agnieszka Staszek, Mateusz Mroczek

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The new Act on the unfair use of contractual advantage entered into force on 12 July 2017. This new law introduces into Polish legal system a completely new institution prohibiting the unfair use of contractual advantage in relations between the purchaser and the supplier. The article describes the statutory conditions of the existence of a contractual advantage within the meaning of the Act - which are the absence of sufficient (“wystarczających”) and real (“faktycznych”) opportunities to sell (purchase) agricultural or food products to other purchasers (from other suppliers), as well as significant economic disparity between contractors. The authors of the …

Unfair Use Of Superior Bargaining Power By Retail Chains Against Food Suppliers – Examples Of Potentially Forbidden Practices, Antoni Bolecki

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The aim of the article is: a) presenting a list of practices which may be deemed as unfair use of superior bargaining power by retail chains against food suppliers; b) explaining how of such practices work and why they can be found as illegal.

Entia Non Sunt Multiplicanda Praeter Necessitate – On The Necessity Of The Enactment Of The Act On Counteracting Unfair Use Of Superior Bargaining Power In The Trade In Agricultural And Food Products, Ilona Szwedziak-Bork

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The aim of this paper is to underline some essential doubts indicated by some authors and related to the Act on counteracting unfair use of superior bargaining power in the trade in agricultural and food products. Despite ambitious goals concerning protection of public interest and weaker parts in trade relations in agricultural and food sector the Act is considered as a source of interpretative problems, especially for entities to which it is addressed.

Effects Connected With A Finding Of Unfairness Of A Contract Term By A Court In An Incidental Proceeding, Bartosz Wyżykowski

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article analyses regulations, as well as judical and scientific opinions in regard to the problematic aspects on how the fact that a consumer contract contains one or more unfair terms effects such a conract. The research mainly concentrates on the effects of a judgement of a competent court in the indvidual case of a consumer. Also, very important is the current judicature of the Court of Justice of the European Union and its impact on the interpretation of polish regulations in the subject matter. Morover, subject of consideration are practical difficulties as well as questions regarding the restitutory effects …

Unannounced Inspections Made By The President Of The Office Of Competition And Consumer Protection – New Standard For The Gathering Of Electronic Evidence. Commentary On The Order Of The Polish Court Of Competition And Consumer Protection Of 7 March 2017, Xvii Amz 15/17, Piotr Skurzyński, Maciej Gac

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The commentary discusses the order of the Polish Court of Competition and Consumer Protection regarding the powers of the Polish Competition Authority (the President of the Office of Competition and Consumer Protection) to search IT systems and hardware (e-mails and hard disks) during dawn raids. This order prohibits the current practice of the President of the Office of Competition and Consumer Protection, according to which electronic data is copied without prior selection and taken from the premises of the inspected undertaking for further analysis at the authority's premises. The order clearly states that the President of the Office of Competition …

Entire Issue Vol. 6 No. 8

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Vol 6(8)

Contractual Advantage In Trade And Its Unfair Use In German And French Regulations – Tips For The Polish Case-Law And The Legislator?, Michał Roszak, Bartosz Turno

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article presents German and French legal solutions and laws regarding unfair use of contractual advantage. It discusses the way the definitions of market power and its abuse are understood under these jurisdictions. Also, Polish legal solutions are analysed in detail, i.e. critical interpretation of the contractual advantage definition. At the end, the Authors reflect on which German and French solutions could be transferred into the Polish law.

, When The Fine Is Proportional? Case Report Of Polish Supreme Court Judgement Of 13 June 2017, Iii Sk 43/16, Marcin Mleczko

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

Decyzją z dnia 18 września 2006 r., nr DOK-107/06 Prezes Urzędu Ochrony Konkurencji i Konsumentów (dalej: Prezes UOKiK) na podstawie art. 9 ustawy z dnia 15 grudnia 2000 r. o ochronie konkurencji i konsumentów (t.j. Dz.U. 2005 Nr 244, poz. 2080 ze zm.; dalej: uokik) stwierdził stosowanie przez Polifarb Cieszyn – Wrocław S.A. z siedzibą we Wrocławiu (dalej: PCW), Praktiker Polska Sp. z o.o. z siedzibą w Warszawie (dalej: Praktiker), OBI Centrala Systemowa Sp. z o.o. z siedzibą w Warszawie (dalej: OBI), Castorama Polska Sp. z o.o. z siedzibą w Warszawie (dalej: Castorama), Leroy Merlin Polska Sp. z o.o. z …

Ne Bis In Idem Principle In Competition Law – Case Report Of Polish Supreme Court’S Reference For Preliminary Ruling Of 26 September 2017 (Iii Sk 39/16), Maciej Bernatt

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The Polish Supreme Court made a reference for preliminary ruling in a case involving double fine for the same anticompetitive conduct (first fine for violation of Polish competition law and second fine for violation of Article 102 TFEU). The Court asks whether the identity of interest protected can be considered as a separate condition in the context of ne bis in idem analysis. In addition, it also asks for clarification whether the national competition law where applied in parallel with Article 101-102 TFEU can be said to protect different legal interest. The reference is of importance for a uniform understanding …

Legal Succession In Competition Law Proceedings - Commentary To The Judgment Of The Supreme Court Of 6 April 2017, Iii Sk 15/16, Elżbieta Krajewska

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The commentary summarises the judgment of the Supreme Court, who took the position that the acquiring company is a legal successor of the target company in the competition proceedings, where the decision imposing a fine was addressed to the target company but delivered already to the acquiring company. Due to lack of the specific rules in the Polish Competition Act governing legal succession, the Supreme Court strongly recommended the introduction of such rules.

Tackling Unfair Trading Practices In The Business-To-Business Food Supply Chain – Legal Solutions In Ireland, Grzegorz Koguciuk

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article presents the Irish regulation applied to business relationships in the food supply industry aimed at tackling unfair trading practices applicable in business relationship. The historic background of adopting such rules clarifies that numerous activities have been undertaken in Ireland to achieve efficient solutions and modus operandi to regulate this matter. Subsequently, the characteristics of the adopted regulation are presented – also in comparison to the relevant Polish act – the Act on counteracting unfair abuse of contractual advantage in trading of agricultural and food products. Further, the contracting rules set by the new act for that sector are …

Archon Corp., Vs. Eighth Judicial Dist. Court, 133 Nev. Adv. Op. 101 (December 21, 2017), Landon Littlefield

Nevada Supreme Court Summaries

The Nevada Supreme Court denied Archon Corporation’s petition for a writ of mandamus or prohibition challenging the denial of a motion to dismiss based on tolling of the statute of limitations. The court declined relief for the following three reasons; the statute-based argument that petitioners made to this court was not considered by the lower court, the court’s clarification of the law would alter the district court’s disposition because the district court made its decision on alternative grounds, and finally, because the district court denied the motion to dismiss without prejudice.

December 20, 2017: America In Retreat, Bruce Ledewitz

Hallowed Secularism

Blog post, “America in Retreat“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

New Uokik Mission – Combating Unfair Use Of Superior Contractual Power, Maciej Bernatt

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

From the Editor

A New Business Incentives Database, Timothy J. Bartik

Presentations

No abstract provided.

The Impact Of Copyright Exceptions For Researchers On Scholarly Output, Michael Palmedo

Joint PIJIP/TLS Research Paper Series

High prices restrict access to academic journals and books that scholars rely upon to author new research. One possible solution is the expansion of copyright exceptions allowing unauthorized access to copyrighted works for researchers. I test the link between copyright exceptions for health and science researchers and their publishing output at the country-subject level. I find that scientists residing in countries that implement more robust research exceptions publish more papers and books in subsequent years. This relationship between copyright exceptions and publishing is stronger in lower-income countries, and stronger where there is stricter copyright protection of existing works.

Stay Woke, Langston A. Williams

LSU New Orleans Theses and Dissertations

Throughout the pages of my thesis, I comprehensively analyze the processes, intentions, and production of my thesis film Stay Woke. My examination will exhaustively probe every stage of the film from development to preproduction to production to postproduction and beyond. Individual aspects of this process including writing, casting, locations, production design, cinematography, directing, budgeting, scheduling, and postproduction workflows will be detailed. As I make elaborations in each section, I will explain my learning experiences from each day’s new tasks, challenges, and lessons. All of these things will be framed with regards to the overall goal and themes of the …

Neutrality And Outer Space, Wolff Heintschel Von Heinegg

International Law Studies

This article discusses the law of neutrality as it pertains to belligerent operations in and through outer space as well as belligerent outer space operations involving the territory and national airspace of neutral States. As far as the latter is concerned, the traditional law of neutrality is fully applicable. Accordingly, international law prohibits belligerents from launching space objects from neutral territory or through neutral national airspace. While neutral States may not provide belligerents with outer space assets or the use of communications infrastructure located in their territories, they are not obliged to prevent their nationals from providing any of the …

The Pro Bono Collaborative Project Spotlight 12-20-2017, Roger Williams University School Of Law

Pro Bono Collaborative Staff Publications

No abstract provided.

Protecting Civilians With Disabilities In Conflicts, Janet E. Lord, Gerard Quinn, Shantha Rau Barriga, Catalina Devandas

All Faculty Scholarship

No abstract provided.

A New Business Incentives Database, Timothy J. Bartik

Presentations

No abstract provided.

Teaching Organizational Leaders: Application Of Title Vii Of The Civil Rights Act Of 1964 To Hiring Practices And Harassment Prevention In New Orleans, Angela Glaviano

LSU New Orleans Theses and Dissertations

No abstract provided.

Cover Art By Sheila Pippin

Seattle Journal for Social Justice

No abstract provided.