Antitrust and Trade Regulation Commons^™

The Future Of International Antitrust And Improving Antitrust Agency Capacity, Daniel D. Sokol

NULR Online

No abstract provided.

Wherefore Art Thou Guidelines? An Empirical Study Of White-Collar Criminal Sentencing And How The Gall Decision Effectively Eliminated The Sentencing Guidelines, S. Patrick Morin

The University of New Hampshire Law Review

[Excerpt] “Until the passage of the U.S. Federal Sentencing Guidelines in 1984, federal judges had relatively wide discretion in sentencing federal offenders up to the statutory maximum. This judicial discretion led to a disparity in the sentences of similarly situated offenders, particularly in white-collar cases. The Guidelines attempted to eliminate this disparity by establishing maximum and minimum sentences for certain offenses based on the characteristics of the crime. An important feature of the Guidelines system was its mandatory nature, which decreased and structured the judiciary‘s discretion within bounds set by Congress.

The mandatory application of the Guidelines resulted in stiff …

Enforceability Of Regulatory Decisions And Protection Of Rights Of Telecommunications Undertakings, Sławomir Dudzik

Yearbook of Antitrust and Regulatory Studies

The article discusses problems of enforceability of regulatory decisions issued by the Polish regulatory authority – the President of the Office of Electronic Communications (UKE) in the context of the protection of the rights of electronic undertakings. The author refers to the standards for implementing decisions and provisional protection developed in the law of the Council of Europe and Community legislation, including Framework Directive 2002/21/EC. He also analyses Polish legal regulations which introduce European solutions, including regulations implementing Community framework for electronic communications, into the national legal order. Special attention is devoted to the competence of Polish administrative courts and …

When Will The Imposition Of The Requirement To Co-Finance The Construction Of Necessary Facilities Constitute An Abuse Of A Dominant Position? Case Comment To The Judgment Of The Supreme Court Of 5 January 2007 – Kolej Gondolowa (Ref. No. Iii Sk 17/06), Konrad Kohutek

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

A Courier Service As A Postal Universal Service – Can A Court Asses The Correctness Of A Legal Qualification Of A Service Of A Courier Company That Was Not Contested By The Company In An Earlier Decision Taken By The Postal Regulator? Case Comment To The Judgment Of The Supreme Court Of 25 April 2007 – Courier Services (Ref. No. Iii Sk 2/07), Agata Jurkowska

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Did At&T Die In Vain? An Empirical Comparison Of At&T And Bell Canada, Eli M. Noam

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

Did the Divestiture of AT&T achieve its purpose? It is helpful to turn to Canada, whose telecommunications industry and regulation were similar but which did not experience a divestiture. Since AT&T was split up in 1982-4, national telecom market concentration in the U.S. has bounced back to a national duopoly structure, with an HHI concentration index of 2,986, higher than for Canada's similar national duopoly with an HHI of 2,463. Local telecom wireline competition is …

Antitrust And Copyright Collectives – An Economic Analysis, Adrianna Zabłocka

Yearbook of Antitrust and Regulatory Studies

The activity of the copyright collecting societies had been scrutinized by many antitrust authorities. The paper presents the decision taken by the President of the Office of Competition and Consumer Protection (UOKiK), which deals with abusing practices of Polish copyright collective society – ZAiKS. The paper concentrates on the economic aspects of the decision from the President of UOKiK.

2007 Ec Competition Law And Sector-Specific Regulatory Case Law Developments With A Nexus To Poland, Krzysztof Kuik

Yearbook of Antitrust and Regulatory Studies

To the best of the author’s knowledge, YARS is the first English language publication, which aims to systematically present the developments in competition law and sector-specific regulatory case law with direct relevance to Poland. This paper, devoted to EC antitrust and regulatory case law, will be divided into separate sections covering competition law sensu stricto (antitrust and merger control), State aid and sector-specific regulation. The reviews presented reflect the development of each case, so both administrative decisions and judgments (where available) are addressed under the same heading. This contribution aims to present an overview of significant cases decided by, or …

2007 Antitrust And Regulatory Developments In Legislation In Poland, Marek Stefaniuk

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

The Legal Status Of An Undertaking – Should Local Governments Be Treated More Favourably In Relation To The Penalties For Breaching Polish Antitrust Law? Case Comment To The Judgment Of The Supreme Court Of 5 January 2007 – City Ostrołęka (Ref. No. Iii Sk 16/06), Maciej Bernatt

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

The Legal Status Of Foreign Undertakings – Could Undertakings With A Registered Seat Abroad Be Regarded As Undertakings Entitled To File A Request For The Institution Of Antimonopoly Proceedings Under Polish Antitrust Law? Case Comments To The Judgment Of The Supreme Court Of 10 May 2007 – Netherlands Antilles (Ref. No. Iii Sk 24/06), Rajmund Molski

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

The Enduring Lessons Of The Breakup Of At&T: A Twenty-Five Year Retrospective, Christopher S. Yoo

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

The Bell System Divestiture: Background, Implementation, And Outcome, Joseph H. Weber

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

By 1982, the Bell System had operated an integrated telecommunications network connecting almost everyone in the United States for almost 100 years. That system had been designed and operated as a monopoly, but by the 1960s, new technologies were being developed which led to pressure to allow competitive entry. After many incremental changes, the Bell System divestiture--complete separation of long-distance service and manufacturing fiom local service provision-was finally adopted as a way of implementing this …

An Oligopoly Analysis Of At&T'S Performance In The Wireline Long- Distance Markets After Divestiture, Paul W. Macavoy

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

The antitrust law books promise competition from breaking up the monopoly firm in a Sherman Act case remedy. Not in this case; the question is what "kind" of oligopoly.

Will Access Regulation Work?, Gerald R. Faulhaber

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

The FCC is transitioning from a rate regulation regime to an access regime. A rate regulation regime gives all customers full access to network facilities (common carrier) at regulated rates-generally, rate base rate of return regulation. An access regime is one in which all competitors are given full access to incumbents' networks, with little or no retail rate regulation, thereby allowing competition (over incumbents' networks) to discipline the market. Is this a good idea? Is …

The Decline And Fall Of At&T: A Personal Recollection, Richard A. Posner

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

In his luncheon talk at the conference, presented here in slightly revised form, Judge Posner discusses his personal involvement with the events that led up the Justice Department's major antitrust suit against AT&T that culminated in the breakup of the telephone monopoly. The stages of his involvement included participation in the work of President Johnson's Task Force on Communications Policy, consulting for AT&T in the lawsuit itself, and his negative advice to the chairman of …

The At&T Consent Decree: In Praise Of Interconnection Only, Richard A. Epstein

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

This article examines the consequences of the Bell consent decree of 1982. In the short run, the decree sought to end the AT&T's Corporate domination of the telecommunications network. But it did so in an overambitious way that chose to break up the basic system into constituent parts even though the preferred remedy was a more modest initiative that would have opened the network up to interconnection by rival carriers. In charting the wrong path, …

Toward A Unified Theory Of Access To Local Telephone Networks, Daniel F. Spulber, Christopher S. Yoo

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

Over the past several decades, regulatory authorities have imposed an increasingly broad array of access requirements on local telephone providers. In so doing, policymakers typically applied previous approaches to access regulation without fully considering whether the regulatory justifications used in favor of those previous access requirements remained valid. They also allowed each access regime to be governed by a different pricing methodology and set access prices in a way that treated each network component as …

Reexamining The Legacy Of Dual Regulation: Reforming Dual Merger Review By The Doj And The Fcc, Philip J. Weiser

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

A central challenge for competition policy merger review is to structure the analysis of merger remedies so that the antitrust agencies play an effective and central role, with regulatory agencies complementing-as opposed to overlapping or contradicting--their judgments. At present, the U.S. system sometimes veers towards a worst-case scenario where federal antitrust authorities-the FTC and DOJ-impose regulatory remedies that overlap with regulatory policy and regulatory agencies perform duplicative merger reviews and impose remedies unrelated to the …

Essential Facilities And Trinko: Should Antitrust And Regulation Be Combined?, Timothy J. Brennan

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

The Supreme Court's 2004 decision in Trinko represented a radical change from prior doctrine ensuring that antitrust laws applied in regulated industries. The change resulted from a failure to appreciate that regulation and antitrust can be complements. Regulation can boost the value of antitrust by creating incentives to refuse to deal in order to reap monopoly profit otherwise proscribed by regulation. Ironically, the essential facilities doctrine rejected by the Trinko court and the Trinko decision …

Are Regulators Forward-Looking? The Market Price Of Copper Versus The Regulated Price Of Mandatory Access To Unbundled Local Loops In Telecommunications Networks, Jerry A. Hausman, J. Gregory Sidak, Timothy J. Tardiff

Federal Communications Law Journal

"The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective."' Conference held at the University of Pennsylvania Law School on April 18-19, 2008.

Around the world, since 1996, regulators have mandated that incumbent local exchange carriers (ILECs) offer competitors access to their network at regulated prices that reflect forward-looking cost. Regulated prices for unbundled network elements are based on total element long-run incremental cost (TELRIC), which in turn is calculated using engineering models that estimate the costs of a hypothetical carrier employing the most efficient telecommunications technology currently available and the lowest cost network configuration, given the existing …

Parallel Trade In Prescription Medicines In The European Union: The Age Of Reason?, Ian S. Forrester, Anthony Dawes

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Controlled Chaos With Consumer Welfare As The Winner – A Study Of The Goals Of Polish Antitrust Law, Dawid Miąsik

Yearbook of Antitrust and Regulatory Studies

This article presents the main issues relating to the goals of modern Polish competition law. It examines the relationship between the subject-matter of competition law, its function and its goals. It identifies various goals of competition law as well as their acceptance in the legal doctrine and jurisprudence. The study shows that the goals of Polish competition law have always been limited to enhancing efficiency and consumer welfare, with this latter term being understood in a post-Chicago-school fashions, rather than accordingly to its Chicago-school origin. This article shows how an 18-years competition law system, rather accidentally than deliberately, took the …

Antitrust Private Enforcement – Case Of Poland, Agata Jurkowska

Yearbook of Antitrust and Regulatory Studies

This article presents the main difficulties surrounding private enforcement of antitrust law in Poland, currently the key implementation problem in the field of antitrust law. Whereas the basic standards concerning the public pillar of antitrust enforcement have already been established, either in the European Community (EC) or in its Member States, the private pillar of antitrust enforcement has not yet been fully developed. The fact that private enforcement of antitrust law is possible, and in fact equal, to public enforcement is not yet commonly recognized. In response to the European Commission’s White Paper on Damages actions for breach of the …

Investment And Regulation In Telecommunications, Stanisław Piątek

Yearbook of Antitrust and Regulatory Studies

This article presents the difficulties associated with the implementation of the regulatory goal of promoting investment and innovation within the area of sector specific regulation in telecoms. The encouragement of efficient investment is one of the major goals reflected in the EC and domestic legal rules on telecoms access as well as price- and rate of return regulation. The law and the interplay of the interests of incumbents and alternative operators create a fertile soil for the emergence of various regulatory concepts of stimulating investment and facility-based competition. Considered here are the concepts most frequently referred to in this context …

Does A Selection Of Contractors In A Public Tender Constitute An Infringement Of A Prohibition Of Competition Restricting Agreements? Case Comment To The Judgment Of The Supreme Court Of 25 April 2007 – Stalexport – Transroute (Ref. No. Iii Sk 3/07), Rafał Poździk

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

The Economic Approach In Polish Courts: Permitted Agency Agreements Or Prohibited Price Fixing? Case Comment To The Judgment Of The Appeal Court In Warsaw Of 13 February 2007 – Roche And Hand-Prod (Ref. No. Vi Aca 819/06), Marcin Kolasiński

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

What Does An Obligation To Purchase “Green Energy” Mean? Case Comment To The Judgment Of The Supreme Court Of 5 July 2007 – Green Energy (Ref. No. Iii Sk 13/07), Filip Elżanowski

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

What Is The Link Between Article 6 Section 3a Of The Energy Law Act And Article 490 Of The Civil Code Regarding The Right Of A Grid Operator To Suspend The Supply Of Electricity? Case Comment To The Judgment Of The Supreme Court Judgment Of 5 June 2007 – Gze (Ref No. Iii Sk 11/07), Michał Będkowski-Kozioł

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Should A Fee For Mobile Phone Number Portability Be Determined Solely By Subscriber Preferences? Comments To The Judgments Of The Court Of Competition And Consumers Protection Of 8 January 2007 (Ref. No. Xvii Amt 29/06) And 6 March 2007 (Ref. No. Xvii Amt 33/06) – Portability Fee, Marlena Wach

Yearbook of Antitrust and Regulatory Studies

No abstract provided.