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Antitrust and Trade Regulation Commons™

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2010

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Articles 1 - 30 of 147

Full-Text Articles in Antitrust and Trade Regulation

American Antitrust Jurisprudence Applied To European Commission V. Intel, Paul Jones Dec 2010

American Antitrust Jurisprudence Applied To European Commission V. Intel, Paul Jones

Brigham Young University International Law & Management Review

No abstract provided.

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Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet, Lee L. Selwyn, Helen E. Golding Dec 2010

Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet, Lee L. Selwyn, Helen E. Golding

Federal Communications Law Journal

A decade of broadband access deregulation has landed the FCC at a legal deadend. After the D.C. Circuit's Comcast decision, the FCC finds itself unable to enforce its "net neutrality" goals. To reassert its jurisdiction over "net neutrality," the FCC proposes to reclassify broadband Internet access as a Title II "telecommunications service" while continuing to forbear from most other facets of common carrier regulation. The FCC's current dilemma results from an unfortunate combination of unverified predictive judgments associating deregulation with investment; overly optimistic assessments of competition in the consumer broadband market; the abandonment of the "bright line" between transmission and …

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Legislative Developments In Rail Transport In 2009, Katarzyna Zawisza Dec 2010

Legislative Developments In Rail Transport In 2009, Katarzyna Zawisza

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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Shall Selective, Above-Cost Price Cutting In The Newspaper Market Be Qualified As Anticompetitive Exclusion? Case Comment To The Judgement Of The Supreme Court Of 19 August 2009 - Marquard Media Polska (Ref. No. Iii Sk 5/09), Konrad Kohutek Dec 2010

Shall Selective, Above-Cost Price Cutting In The Newspaper Market Be Qualified As Anticompetitive Exclusion? Case Comment To The Judgement Of The Supreme Court Of 19 August 2009 - Marquard Media Polska (Ref. No. Iii Sk 5/09), Konrad Kohutek

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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2009 Legislative And Juridical Developments In Telecommunications, Kamil Kosmala Dec 2010

2009 Legislative And Juridical Developments In Telecommunications, Kamil Kosmala

Yearbook of Antitrust and Regulatory Studies

This article assesses the 2009 amendments to the Polish Telecommunications Law and the most significant executive regulations that have been passed in its context. The amendments are discussed considering their compliance with EU law, taking into account the rulings of the European Court of Justice on the conformity of some of the Polish provisions with the set of directives constituting the European telecommunications regulatory framework of 2002. The analyzed amendments relate to, in particular, the manner in which ex ante regulation should be implemented, the principles of telecoms services provision to end-users and the performance of state security and defense …

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2009 Amendments To The Polish Energy Law, Filip Elżanowski Dec 2010

2009 Amendments To The Polish Energy Law, Filip Elżanowski

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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Deliberative Democracy On The Air: Reinvigorate Localism-Resuscitate Radio's Subversive Past, Akilah N. Folami Dec 2010

Deliberative Democracy On The Air: Reinvigorate Localism-Resuscitate Radio's Subversive Past, Akilah N. Folami

Federal Communications Law Journal

There has been considerable scholarship exploring the need to breathe deliberative life back into the localism standard by requiring broadcasters to include more meaningful local news and public affairs programming, pursuant to the public interest obligations imposed on radio licensees. There has been little scholarly attention, if any, however given to broadening understandings of localism to include music and popular cultural expression for the purpose of furthering deliberative discourse in particular, rather than solely for entertainment purposes. This Article focuses on a particular moment in radio and America's cultural history that was rife with struggles over constructions of identity, and …

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Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency, Angela J. Campbell Dec 2010

Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency, Angela J. Campbell

Federal Communications Law Journal

In 2009, the Supreme Court upheld the FCC's finding in Fox TV Stations v. Federal Communications Commission that the broadcast of "fleeting expletives" violated a federal law prohibiting the broadcast of indecency, but remanded the case for consideration of the broadcast networks' claims that the FCC action violated the First Amendment. On remand, the Second Circuit found that the FCC's prohibition against "fleeting expletives" was unconstitutionally vague. It is widely expected that the Supreme Court will review this decision and that the networks will ask the Court to reconsider its 1978 decision in Pacifica Foundation v. Federal Communications Commission. This …

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2008 And 2009 Eu Competition Law And Sector-Specific Regulatory Case Law Developments With A Nexus To Poland, Dagmara Kośka, Krzysztof Kuik Dec 2010

2008 And 2009 Eu Competition Law And Sector-Specific Regulatory Case Law Developments With A Nexus To Poland, Dagmara Kośka, Krzysztof Kuik

Yearbook of Antitrust and Regulatory Studies

The 2008 issue of YARS contained an overview of EU law developments in the period of time from 2004 to 2007. This overview covers the years 2008-2009. It confirms that State aid cases remained numerous (6 in total) and that the Commission’s enforcement activities in the area of State aid control continued at a similar pace as before. With respect to other areas of competition law and policy, the overall picture shows a relatively high level of scrutiny in mergers (5) and antitrust cases or inquiries (2). Moreover, EU Courts adopted several decisions in Polish cases, notably in the regulatory …

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Possible Objective Justification Of A Network Monopoly’S Refusal To Conclude An Agreement On An Interconnected Market. Case Comment To The Judgement Of The Supreme Court Of 14 January 2009 – Rychwał Commune (Ref. No. Iii Sk 24/08), Joanna Jeżewska Dec 2010

Possible Objective Justification Of A Network Monopoly’S Refusal To Conclude An Agreement On An Interconnected Market. Case Comment To The Judgement Of The Supreme Court Of 14 January 2009 – Rychwał Commune (Ref. No. Iii Sk 24/08), Joanna Jeżewska

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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Wide Scope Of Administrative Discretion Justified By Features Of Telecommunications Market. Case Comment To The Judgment Of The Polish Supreme Court Of 2 April 2009 – Telekomunikacja Polska Sa V The President Of The Electronic Communications Office (Ref. No. Iii Sk 28/08), Małgorzata Kozak Dec 2010

Wide Scope Of Administrative Discretion Justified By Features Of Telecommunications Market. Case Comment To The Judgment Of The Polish Supreme Court Of 2 April 2009 – Telekomunikacja Polska Sa V The President Of The Electronic Communications Office (Ref. No. Iii Sk 28/08), Małgorzata Kozak

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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Does An Undertaking’S Reputation Affect Its Market Power On The Relevant Market? Case Comment To The Judgment Of The Supreme Court Of 2 April 2009 – Ppks (Ref. No. Iii Sk 30/08), Rafał Stankiewicz Dec 2010

Does An Undertaking’S Reputation Affect Its Market Power On The Relevant Market? Case Comment To The Judgment Of The Supreme Court Of 2 April 2009 – Ppks (Ref. No. Iii Sk 30/08), Rafał Stankiewicz

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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The Control Of Polish Courts Over The Infringements Of Procedural Rules By The National Competition Authority Case Comment To The Judgement Of The Supreme Court Of 19 August 2009 - Marquard Media Polska (Ref. No. Iii Sk 5/09), Maciej Bernatt Dec 2010

The Control Of Polish Courts Over The Infringements Of Procedural Rules By The National Competition Authority Case Comment To The Judgement Of The Supreme Court Of 19 August 2009 - Marquard Media Polska (Ref. No. Iii Sk 5/09), Maciej Bernatt

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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The Publication Of The European Commission’S Guidelines In An Official Language Of A New Member State As A Condition For Their Application Case Comment To The Order Of The Polish Supreme Court Of 3 September 2009 (Ref. No. Iii Sk 16/09 ) To Refer A Preliminary Question To The Court Of Justice Of The European Union (C-410/99 Polska Telefonia Cyfrowa Sp. Z O.O. V President Of The Electronic Communications Office), Krystyna Kowalik-Bańczyk Dec 2010

The Publication Of The European Commission’S Guidelines In An Official Language Of A New Member State As A Condition For Their Application Case Comment To The Order Of The Polish Supreme Court Of 3 September 2009 (Ref. No. Iii Sk 16/09 ) To Refer A Preliminary Question To The Court Of Justice Of The European Union (C-410/99 Polska Telefonia Cyfrowa Sp. Z O.O. V President Of The Electronic Communications Office), Krystyna Kowalik-Bańczyk

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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Cheaters Shouldn't Prosper And Consumers Shouldn't Suffer: The Need For Government Enforcement Against Economic Adulteration Of 100% Pomegranate Juice And Other Imported Food Products, Michael T. Roberts Dec 2010

Cheaters Shouldn't Prosper And Consumers Shouldn't Suffer: The Need For Government Enforcement Against Economic Adulteration Of 100% Pomegranate Juice And Other Imported Food Products, Michael T. Roberts

Journal of Food Law & Policy

In the modern global food system - marked by the trade flow of a variety of food products and ingredients from multiple locations in the world - economically motivated adulteration has emerged as a growing menace that threatens the health and wellbeing of consumers, the economic livelihoods of honest purveyors of food in the global marketplace, and the integrity and viability of national food regulatory systems. Economic adulteration is a form of cheating that includes the padding, diluting, and substituting of food product. Although this cheating is rooted in past food systems, the new paradigm for economic adulteration - a …

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European Union Food Law Update, Emilie H. Leibovitch Dec 2010

European Union Food Law Update, Emilie H. Leibovitch

Journal of Food Law & Policy

This EU Food Law Update will focus on the recent developments in the areas of genetically modified organisms, novel foods, feed safety, transmissible spongiform encephalopathy, salmonella and food borne diseases, food additives, organic farming, food contact materials, and labeling.

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A Bittersweet Deal For Consumers: The Unnatural Application Of Preemption To High Fructose Corn Syrup Labeling Claims, Josh Ashley Dec 2010

A Bittersweet Deal For Consumers: The Unnatural Application Of Preemption To High Fructose Corn Syrup Labeling Claims, Josh Ashley

Journal of Food Law & Policy

The recent rise of consumer consciousness regarding the health qualities of foods and beverages has become something akin to common knowledge. Reflecting this rise, studies reveal that labels regarding the health qualities of a food are more likely to increase sales. And among the health labels consumers prefer, labels describing the product as natural top the list. One website reports that according to a recent study, 31.3-percent of respondents thought that "100% natural" was the best description to read on a label, compared with only 14.2-percent who thought that "100% organic" was the best description. "All natural ingredients" was the …

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United States Food Law Update: Health Care Reform, Preemption, Labeling Claims And Unpaid Interns: The Latest Battles In Food Law, A. Bryan Endres, Nicholas R. Johnson, Michaela N. Tarr Dec 2010

United States Food Law Update: Health Care Reform, Preemption, Labeling Claims And Unpaid Interns: The Latest Battles In Food Law, A. Bryan Endres, Nicholas R. Johnson, Michaela N. Tarr

Journal of Food Law & Policy

This edition of the Food Law Update explores four legal issues arising in the first half of 2010 reflective of the diverse nature of the food law specialist. As the national debate surrounding the merits of health care reform dominated the legislative agenda, this article first will discuss the food labeling rules embedded within section 4205 of the Patient Protection and Affordable Care Act of 2010. The authors then analyze the preemptive reach of the Federal Food, Drug, and Cosmetic Act and the Meat Inspection Act with respect to three separate California statutes regarding animal welfare standards, retail labels on …

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Produce Exceptionalism: Examining The Leafy Greens Marketing Agreement And Its Ability To Improve Food Safety, Varun Shekhar Dec 2010

Produce Exceptionalism: Examining The Leafy Greens Marketing Agreement And Its Ability To Improve Food Safety, Varun Shekhar

Journal of Food Law & Policy

Isolated food safety crises are not uncommon occurrences in the United States. Indeed, the history of public scares indicates a pattern of deficiencies in the safety of the American food supply. In the early 20th century, the public learned of the squalid conditions of meatpacking facilities through muckraking publications such as Upton Sinclair's The Jungle. In the 1980s, a 60 Minutes report documented research finding carcinogenic properties of a widespread pesticide, traces of which were commonly found in apple-based products. In the 1990s, widespread media reports of beef tainted with E. coli led to both product recalls unprecedented in scope …

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Legislative Developments In The Aviation Sector In 2009, Filip Czernicki Dec 2010

Legislative Developments In The Aviation Sector In 2009, Filip Czernicki

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

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Reframing Antitrust In Light Of Scientific Revolution: Accounting For Transaction Costs In Rule Of Reason Analysis, Alan J. Meese Dec 2010

Reframing Antitrust In Light Of Scientific Revolution: Accounting For Transaction Costs In Rule Of Reason Analysis, Alan J. Meese

Faculty Publications

This Article contends that modern rule of reason analysis, informed by workable competition’s partial equilibrium trade-off paradigm, is suitable for evaluating only a subset of agreements that may reduce transaction costs. The Article distinguishes between “technological” and “non-technological” transaction costs. Technological transaction costs entail the bargaining and information costs first emphasized by Ronald Coase, while non-technological transaction costs result from more fundamental departures from perfect competition, departures creating a risk of opportunism that accompanies relationship-specific investments. Modern law does accurately assess restraints that may reduce technological transaction costs—costs that are analogous to the sort of production costs recognized by the …

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Reconsidering Federalism And The Farm: Toward Including Local, State And Regional Voices In America's Food System, Margaret Sova Mccabe Dec 2010

Reconsidering Federalism And The Farm: Toward Including Local, State And Regional Voices In America's Food System, Margaret Sova Mccabe

Journal of Food Law & Policy

Why is the relationship between our food system and federalism important to American law and health? It is important simply because federal law controls the American food system. This essay considers how federal law came to structure our food system, and suggests that though food is an essential part of our national economy, the dominating role of the federal government alienates citizens from their food system. It does so by characterizing food as a primarily economic issue, rather than one that has ethical, health, and cultural components. However, state and local governments have much to offer in terms of broadening …

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Framing Franchise Antitrust Litigation: The Legacy Of Kodak And Queen City Pizza, Randy D. Gordon Dec 2010

Framing Franchise Antitrust Litigation: The Legacy Of Kodak And Queen City Pizza, Randy D. Gordon

Faculty Scholarship

A decade ago, many antitrust commentators were predicting a “revival” of franchise antitrust claims flowing in the wake of Eastman Kodak Co. v. Image Technical Services, Inc. The thinking was that Kodak’s recognition of a claim for monopolization of an “aftermarket” for parts and services separate from each other and from a primary product might be extended to cover franchise relationships in which the franchisee is required to purchase fungible products from its franchisor, even though those products could be purchased elsewhere on more favorable terms. Fairly quickly, though, the Third Circuit decided Queen City Pizza, Inc. v. Domino’s Pizza, …

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Competition And Regulation In The Gold Industry: An American Perspective, Jared A. Wilkerson Dec 2010

Competition And Regulation In The Gold Industry: An American Perspective, Jared A. Wilkerson

W&M Law Student Publications

When taken from a domestic viewpoint, the primary gold market appears to be noncompetitive and marred by concentration. However, when seen at the global scale, it is clear that the primary gold market is competitive and diluted. Further, even if the primary market were noncompetitive and concentrated at the global level, that market probably could not readily affect the price of gold. Regardless of competitiveness, gold mines in the United States and elsewhere are subject to environmental and safety regulations that increase the cost of production; Regulations are stringently enforced in the United States as compared to competitor countries, potentially …

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Why More Antitrust Immunity For The Media Is A Bad Idea, Maurice E. Stucke, Allen P. Grunes Nov 2010

Why More Antitrust Immunity For The Media Is A Bad Idea, Maurice E. Stucke, Allen P. Grunes

NULR Online

The U.S. newspaper industry specifically and traditional media industries generally are in transition. In response to declining audiences and advertising revenue, many traditional media firms have laid off journalists and cut back on news. With their financial difficulties, some traditional media firms have called for greater leniency under the federal antitrust laws. Newspaper owners and journalists have called for greater antitrust immunity for joint advertising, joint fees for readership and accessing content online, and joint reporting. Others have called on the Federal Communications Commission (“FCC”) to loosen further its Cross-Ownership Rules. Some politicians have suggested that the federal antitrust agencies …

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Toward A Unified Theory Of Exclusionary Vertical Restraints, Daniel A. Crane, Graciela Miralles Oct 2010

Toward A Unified Theory Of Exclusionary Vertical Restraints, Daniel A. Crane, Graciela Miralles

Law & Economics Working Papers

The law of exclusionary vertical restraints—contractual or other business relationships between vertically related firms—is deeply confused and inconsistent in both the United States and the European Union. A variety of vertical practices including predatory pricing, tying, exclusive dealing, price discrimination, and bundling are treated very differently based on formalistic distinctions that bear no relationship to the practices’ exclusionary potential. We propose a comprehensive, unified test for all exclusionary vertical restraints that centers on two factors, foreclosure and substantiality. We then assign economic content to these factors. A restraint forecloses if it denies equally efficient rivals a reasonable opportunity to make …

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Accessing Truth: Marketplaces Of Ideas In The Information Age, Nima Darouian Oct 2010

Accessing Truth: Marketplaces Of Ideas In The Information Age, Nima Darouian

Cardozo Public Law, Policy & Ethics Journal

The article argues that the Internet comprises numerous distinct virtual marketplaces, each with unique regulatory frameworks and dynamics, which are essential for the dissemination of information and public welfare. Current legal doctrines, such as those in the Uniform Commercial Code (UCC), the Uniform Computer Information Transactions Act (UCITA), and the Principles of the Law of Software Contracts (PLSC), are insufficient to protect the public interest in these virtual marketplaces. The article proposes that courts adopt the Reichman-Franklin standard, which requires mass-market contracts and non-negotiable access agreements to be fair, reasonable, and aligned with the public interest in education, science, research, …

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Antitrust Error, Alan Devlin, Michael Jacobs Oct 2010

Antitrust Error, Alan Devlin, Michael Jacobs

William & Mary Law Review

Fueled by economics, antitrust has evolved into a highly sophisticated body of law. Its malleable doctrine enables courts to tailor optimal standards to a wide variety of economic phenomena. Indeed, economic theory has been so revolutionary that modern U.S. competition law bears little resemblance to that which prevailed fifty years ago. Yet, for all the contributions of economics, its explanatory powers are subject to important limitations. Profound questions remain at the borders of contemporary antitrust enforcement, but answers remain elusive. It is because of the epistemological limitations of economic analysis that antitrust remains unusually vulnerable to error. The fear of …

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After The Fall: Financial Crisis And The International Order, Robert B. Ahdieh Oct 2010

After The Fall: Financial Crisis And The International Order, Robert B. Ahdieh

Faculty Scholarship

Recent years have challenged the international order to a degree not seen since World War II — and perhaps the Great Depression. As the U.S. housing crisis metastasized into a financial and economic crisis of grave proportions, and spread to nearly every corner of the globe, the strength of our international institutions — the International Monetary Fund, the World Trade Organization, the Group of Twenty, the Basel Committee on Banking Supervision, and others — was tested as never before. Likewise tested, were the limits of our national commitment to those institutions, to our international obligations, and to global engagement more …

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The Intel And Microsoft Settlements, Robert H. Lande Sep 2010

The Intel And Microsoft Settlements, Robert H. Lande

All Faculty Scholarship

This article briefly compares and contrasts the recent U.S. Federal Trade Commission's antitrust settlement with Intel, and the antitrust cases brought against Microsoft. The article praises the FTC's settlement with Intel, and predicts that history will judge it very favorably compared to the settlement by the U.S. Department of Justice of its antitrust case against Microsoft.

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