Law Commons^™

Network Connection Agreements In The Heating Sector: Competition And Consumer Law Issues, Jarosław Sroczyński, Agnieszka Staszek

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

The article presents the issue of concluding contracts for the connection to the heating network from the perspective of competition and consumer protection law. The obligations of heating enterprises were discussed, primarily the obligation to connect new customers to the heating network. The key issue presented in the article is risk distribution between the heating company and the connected entity, if the original intentions of the investor, in particular the developer, prove to be impracticable. Excessive protection of the heating enterprise against such a circumstance may result in an allegation of abuse of a dominant position; an attempt to transfer …

Application For Certifi Cation Of A Capacity Market Entity For The Main Auction And Additional Auctions, Marcin Kraśniewski

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

The subject matter of this paper is the application for certifi cation of a capacity market entity for the main auction and additional auctions referred to in the Act on the capacity market. First of all, the personal scope of the application is discussed. Presented next is the substantive scope of the application. This part includes an analysis of the legal nature of the Capacity Market Regulations, and their position in the hierarchy of legal acts, as well as a presentation of individual elements of the application for certifi cation (content). Furthermore, particular attention is paid to the issue of …

Exemption From The Utilities Directive – Brief Overview Of Eu Law And Case Law, Ignacio Herrera-Anchustegui, Marcin Kraśniewski

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

This paper presents the existing practice regarding the granting of exemptions from Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC in relation to entities from the energy sector. In that regard, there is a noticeable growth in the number of positive decisions of the Commission. The authors anticipate that over time individual exemptions from the Utilities Directive will lead to the exemption of the entire energy sector or its signifi cant part from the EU’s public …

About The Need Of Transition Of The President Of The Office Of Competition And Consumer Protection Into A Collegiate Competition Authority, Paweł Podrecki, Mateusz Mroczek, Katarzyna Menszig-Wiese

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

Taking into account the approaching 30th anniversary of the establishment of a modern competition protection system in Poland, based on a one-man central administrative body – the President of the Offi ce of Competition and Consumer Protection, the authors of the article want to start anew and join to the debate on institutional form of the Polish competition authority. This article briefl y summarizes the discussions conducted by representatives of jurisprudence on the issue. The authors also identify the most important defi cits of the current institutional model – primarily in the light of human rights protection standards and the …

One, Three And Two, And Independent Will Be You… On The Necessity Of The Wider Analysis Of Independence Of Polish National Competition Authority In The Light Of Ecn+ Directive, Małgorzata Kozak

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

The article is an attempt to analyze the issue of assuring the independence of competition authorities in connection with the adoption of Directive 2019/1. It analyzes: the independence in the context of the authority functions, components and boundaries of the concept itself (accountability and transparency) and how the Directive 2019/1 and attempts to implement it so far in Poland (still at the stage of a draft) carry out the postulates made by academia. The author indicates that shaping the independence of a competition authority cannot be made in isolation from the objectives and functions performed by that authority, and in …

Legal Writing As Office Housework?, Mary Nicol Bowman

Journal of Legal Education

No abstract provided.

Law School News: Dean Michael Yelnosky To Step Down After 2019-20 Academic Year 9-5-2019, Jill Rodrigues, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Impact Of The Mifid Ii Directive On The Risk Of Operation Of Energy Sector Companies In Poland, Paweł Hawranek, Dariusz Michalski, Daniel Borkowski

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

The introduction of the MiFID II Directive required the implementation of this EU act into the Polish legal order, taking into account some of its specifi cs. However, the Directive was not implemented before of transposition date. Lack of implementation caused the occurrence of regulatory risk on the side of energy companies involved in the wholesale market, related to the lack of certainty as to the fi nal shape of the implementation. The time of the vacatio legis of the directive, instead of adapting the structure of enterprises, was used to wait for the introduction of implementing regulations. As a …

In Search Of The Optimal Lawmaker. Some Dilemmas Of Regulation And Deregulation From The Perspective Of Law And Economics, Mariusz J. Golecki

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

This paper presents various concepts of regulation, presented within the broad stream of neo-institutional economics. The purpose of the article is to attempt to answer the question why and how contemporary regulatory theory can and should take into account the characteristics of institutions involved in the process of law-making and applying the law. Such an analysis may constitute a starting point to outline of an integral model of regulation and deregulation, taking into account the complementary nature of legislative, executive and judicial powers.

‘Service’ On Infrastructural Markets Of Fuel And Energy In The Light Of The Freedom Of Establishment And The Freedom To Provide Services, Zdzisław Muras

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

The aim of this paper is to provide an insight into doubts arising in the practice of applying the law related to the scope of the concept of ‘service’ in energy infrastructure markets with regard to European and national regulations. The concept of services in the context of the general economic interest was also considered. The author, having conducted a broad query on the subject literature and case law, attempted to develop the most explicit approach to the outlined study subject. Proper classifi cation of a given activity as a service or business activity is not only of a theoretical …

Obligations Of Electricity And Gas Distribution System Operators With Respect To The Development Of Public Road Transport Recharging Infrastructure, Jarosław Greser

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

The article regards the issue of the construction of an infrastructure indispensable for increasing the number of vehicles using alternative fuels. Pursuant to the lawmaker’s decision, the key role in the fulfi llment of this duty will be played by electricity and gas distribution system operators, who will be responsible for the construction of the number of points indicated in the bill. Simultaneously, the localization of these points will be decided by other entities, such as municipalities, the General Director for National Roads and Motorways or harbor administrators. The obligations of DSO with respect to the preparation of plans and …

The New Support Instruments Of Electricity Generation Based On A Fixed Purchase Price-Selected Issues, Marcin Trupkiewicz

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

The legal analysis conducted in this article of Polish provisions under the Renewable Energy Sources Act makes it possible to indicate that the legislator predicted the new instruments of support the RES. These instruments are addressed only to entrepreneurs who produce electricity from certain types of RES (agricultural biogas, landfi ll biogas, biogas from sewage treatment plants, other biogas and hydropower). The essence of these instruments is to base them on the use of a fi xed purchase price, which creates two independent and separate mechanisms enabling the transfer of public aid for the production of electricity from RES. The …

The Control Of Certain Investment Act As A Mechanism Ensuring Energy Safety, Michał Bałdowski

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

In 2015 the Polish Parliament enacted the Control of Certain Investment Act (the Act), which introduces a special legal regime regulating the acquisition of shares, enterprise or organized parts of an enterprise, of businesses entered on the list of protected companies. The main goal of this regulation is to introduce administrative law mechanisms which protect companies of a strategic importance to national safety against hostile takeovers conducted by foreign entities. In the current legislative status, half of the protected companies pursuant to the Act are companies operating in the energy sector or closely related sectors. Therefore, the supervision over the …

Gdpr And The Process Of Changing The Electricity Seller And Irregularities Associated With It, Paweł K. Domagała

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

The subject of the study presents the procedure of changing the electricity seller in Poland. Since 2007, permanent increases in the number of changes of electricity sellers have been observed. The abovementioned is both an opportunity and a threat for consumers. Therefore, this study will describe the practices of electricity sellers, which breach collective interests of consumers. The second part of the study presents solutions contained in the General Data Protection Regulation (GDPR) in the context of the conclusion and performance of the contract for the sale of electricity. The way in which EU regulation can contribute to the increase …

Decision To Suspend The Use Of A Large Combustion Plant – Weighing Of Public And Private Interest, Wiktoria Pogorzała, Michał Pytkowski

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

The purpose of the article is to analyze to what extent and whose interest should the environmental protection inspection body be guided by when deciding to suspend the use of a large combustion plant installation. Only proceedings based on Article 367 EPL, due to the fact that the optional nature of this proceeding, combined with the possibility of setting an additional deadline to remove violations only at the request of a party, raises doubts of the authors of this article regarding the weighing of public and private interests. In the analyzed proceedings, the public interest manifested in the obligation to …

Imposing Taxes On Wind Farms, Mateusz Czuba, Michał Wielec

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

The main goal of the paper is to show all of the tax duties connected with the production of energy from wind in Poland. Producing electricity from wind is one of the most popular ways to produce energy from renewable sources of energy in Poland. Tax law linked to this kind of energy manufacturing is elaborate and still changing. The article is an attempt to describe all tax duties which are imposed on wind farm owners. The paper concentrates mainly on three of the most often appearing taxes: the excise tax, the property tax, and electricity taxation from micro-installation.

Legal Status Of Electric Scooters And Their Users – Proposed Solutions And Models Abroad, Maciej Groblewski, Michał Pater

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

The growing popularity of electric scooters and other personal means of transport, as well as their progressive and massive impact, means that the law must regulate the condition of electric scooters, their users, rules of use and safety problems. This issue has not yet been regulated in Polish law. Social and technological requirements as well as the increasing scale of investment in electromobility have contributed to legislative action. In pursuit of the expectations of modern business trading and social behavior, the Ministry of Infrastructure has developed a draft act of 30 July 2019 amending the act on road traffi c …

Security And Regulation Of The Energy Market – The International Academic Conference, Łódź, 23–34.05.2019, Maciej Groblewski, Michał Pater, Wiktoria Pogorzała, Michał Pytkowski, Michał Wielec

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

The International Academic Conference, Łódź, 23–34.05.2019

Cartel And Its Participant Within The Meaning Of The Act On The Actions For Damages For Infringements Of Competition Law, Maciej Majewski

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

This article concentrates on the problem of interpretation of the term ‘cartel’ used in the Act of 21 April 2017 on the actions for damages for infringements of competition law which implements to the Polish legal system the directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. To begin with, the analysis covers the rationality behind introducing the term ‘cartel’ to the Polish legal language. Next, presented are certain …

The Introduction Of The Compliance Programme As A Mitigating Circumstance In The Light Of The Guidelines Of The Italian Competition Authority (Autorita’ Garante Della Concorrenza E Del Mercato), Grzegorz Materna

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

The article’s aim is to present the approach of the Italian competition authority (Autorita ‘Garante della Concorrenza e del Mercato) to the competition compliance programs introduced by undertakings. In this regards the Authority’s recent case law and its new “Guidelines on antitrust compliance “ are presented. They provide that under certain conditions undertakings that infringed antitrust rules can apply for reduction of the fi nancial penalty imposed by the Italian competition authority. Thus, Autorita ‘Garante della Concorrenza e del Mercato recognizes that rewarding undertakings’ law enforcement efforts, even if the infringement has occurred, encourages them to engage resources in preventing …

On The Effectiveness Of Antitrust Enforcement In Relation To Vertical Infringements. A Comment On The 15 February 2019 Judgement Of The Polish Supreme Court, Case I Nsk 10/18 (Anyro), Jan Polański

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

The article constitutes a comment on a judgement delivered by the Polish Supreme Court. In the judgement the Supreme Court took a negative stance in relation to a Court of Appeals ruling which had set aside an infringement decision issued by the Polish Competition Authority concerning price collusion in the market for watches. In the judgement, the Supreme Court presented its position in relation to three important issues: the determination of the parties to anticompetitive agreements and the addressees of infringement decisions, the defi nition of relevant market, and establishing ‘by object’ infringements. In relation to each of the aforementioned …

Report On The International Conference ‘Judicial Deference In Competition Law’, University Of Warsaw, 11 October 2018, Laura Zoboli, Magdalena Gniadzik

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

Judicial Deference in Competition law’, University of Warsaw, 11 October 2018

Janus, Union Member Speech, And The Public Employee Speech Doctrine, M. Linton Wright

Pace Law Review

In Janus v. American Federation of State, County, and Municipal Employees (“AFSCME”), the Supreme Court held that public sector unions can no longer collect fees from nonmembers to fund the costs of representing them in collective bargaining and grievance proceedings. The Court determined that virtually all union speech is political speech and that collection of these fees is impermissible compelled speech under the First Amendment. However, not everything in Janus harms public union interests. The Janus Court’s discussion of Garcetti v. Cabellos and Connick v. Myers actually helps protect union member speech in the context of First Amendment retaliation cases. …

Queer Phenomenology In Law: A Critical Theory Of Orientation, Nick J. Sciullo

Pace Law Review

This Article argues for the application of phenomenology to legal understanding, specifically as a way to think about and through queer people’s interactions with law as well as queer theory in law. There are both pragmatic and theoretical justifications for this project. The pragmatic justifications include the need to better address the legal issues and experiences of queer people, recent political and legal decisions and debates that affect queer people specifically, the need to better provide epistemological resources for queer lawyers, law scholars, law students, and their allies, and the need to better understand how law affects minoritarian populations regardless …

Mediation And Millennials: A Generational Shift In Dispute System Preferences, Shawna Benston, Brian Farkas

Pace Law Review

Millennials have been the subject of intense media scrutiny for more than a decade. Studies have examined their social, financial, technological, and work habits. However, few studies have examined this generation’s attitudes or proclivities towards civil litigation. Such an examination presents two problems: First, the absence of data on litigants’ age makes an empirical study virtually impossible. Second, generalizations about an entire generation are inherently problematic, glossing over countless cultural, economic, familial, and demographic differences. Nevertheless, this Article argues that millennials’ experiences and educations have primed them, at the margins, to avoid litigation more than prior generations. Instead, this generation …

Presidential War Powers And Humanitarian Intervention, Michael J. Sherman

Pace Law Review

Does the fact that Article I, Section 8 of the United States Constitution reserves to Congress the authority to “declare war” mean that the president needs congressional approval before using military force? As this Article discusses, there are a range of answers to this question. The Article examines this debate in the context of humanitarian intervention, i.e. military actions taken, not for purposes of conquest, but instead to stop largescale, serious violations of human rights. If the president wishes to use the military for these purposes, should he have more authority under the Constitution to do so? Less? The same? …

We All Need Somebody To Lean On: Using The Law To Nurture Our Children, Beginning With Third-Party Visitation, John A. Pappalardo, Cassidy Allison, Samantha A. Mumola

Pace Law Review

Perhaps one of the single most important aspects of a healthy childhood is emotional support from healthy caregivers. As it stands, New York’s visitation law prohibits third-party caregivers from stepping in and providing children with this important psychological and emotional need by automatically denying them standing to seek visitation in court. In New York, third-party standing for visitation is denied solely on a procedural basis, irrespective of the child’s personal familial situation, namely whether their parents are completely

unavailable. Specifically, when a child’s parents become unavailable due to death, incarceration or otherwise, and such child becomes a ward of the …

The Cost Of The Culturati: Studying The Neighborhood Stability Impact Of Cultural District Designations, Prakash Mishra

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

The decision to declare a district for a specific cause is a critical policy decision; making an area an official office park or designated cultural site means it will attract specific types of residents and businesses and require specific amenities. This paper reviews the impact of designating a cultural district as a place-based policy, specifically by developing a measure of neighborhood stability and applying a stress test of neighborhood stability in cultural districts during the Great Recession. The model underpining the neighborhood stability measure is an optimal stopping time model which frames neighborhood rents as a Brownian motion with drift. …

The ‘Security Pacific Letter’: Estimating The Causal Effect Of Securitization On Banks’ Systemic Exposure, Paul-Angelo Dell'isola

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

This paper aims to test the hypothesis of the ‘Safe Asset narrative’

which states that banks became manufacturers of pseudo safe assets to meet

a global shortage of safe assets in the pre-crisis period. In this narrative,

securitization is the mechanism which enables banks to become underwriters

of safe assets. This paper takes this hypothesis to the data and attempts to

estimate the causal effect of securitization on banks’ systemic exposure. In

particular, this paper exploits a regulatory change that occurred in 1987 when

the OCC expanded the scope of assets US national banks could securitize. By

using state-chartered banks …

Volume I | Issue Ii | 2019.Pdf, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.