Antitrust and Trade Regulation Commons^™

10 Jahre Ugp-Richtlinie: Erfahrungen Und Perspektiven, Berlin, 7–8 May 2015, Monika Namysłowska, Agnieszka Jabłonowska

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

Berlin, 7–8 May 2015

Entire Issue Vol. 4 No. 8

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

Vol. 4(8)

Limits Of The Powers Of Inspection Of The European Commission In The Light Of The Recent Case Law Of The European Court Of Justice, Marta Michałek-Gervais

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

The article analyzes the selected limits of the powers of inspection of the European Commission in the light of recent case law of the Court of Justice of the European Union, ie. cases Nexans and Deutsche Bahn. The author discusses the obligation to state reasons for decisions ordering inspections, problematic issues related to the abuse of the Commission’s powers of inspection (fishing expeditions or the practice of subsequent review of entirely copied storage media at the Commission’s premises) and the question of the results of exceeding of the limits of the Commission’s powers of inspection. In conclusion the author suggests …

Table Of Contents

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

Table of Contents

Marta Michałek, Right To Defence In Eu Competition Law: The Case Of Inspections, Wydawnictwo Naukowe Wydziału Zarządzania Uw, Warsaw 2015, S. 431, Krystyna Kowalik-Bańczyk

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

No abstract provided.

Selected Aspects Of Legal And Ownership Status Of Polish Transmission System Operator On The Example Of Polskie Sieci Elektroenergetyczne S.A., Mateusz Radziński

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

This article aims to analyze the legal and ownership status of the electricity transmission system operator in Poland, in the context of TSO independence, which is determined by ownership unbundling rules.

Harmonisation Of Private Antitrust Enforcement: A Central And Eastern European Perspective, Supraśl, 2–4 July 2015, Paulina Korycińska-Rządca

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

Supraśl, 2–4 July 2015

Conditions For The Initiation Of Inspections Or Searches In Antitrust Cases Conducted Under The Competition Act And The Requirements Of Article 8 Of The European Charter Of Human Rights, Grzegorz Materna

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

The article presents the conditions for the initiation of inspection or search in antitrust cases conducted under the Act on Competition and Consumer Protection and the requirements of Article 8 of the European Charter of Human Rights. Basing on the latest jurisprudence of the Court of Human Rights, in particular on judgement in case no. 97/11 Delta Pekárny a.s. v. the Czech Republic, the author presents conditions for compliance of inspections and searches aimed at obtaining evidence of possible anti-competitive practices with the right to respect for private life and home. On this basis the conclusions are made on the …

‘Turnover-Related-Premium’, ‘Rebate’ And ‘A Charge Other Than Commercial Margin’. The Principle Expressed In Resolution Of Supreme Court Of Poland Of 18.11.2015 (Iii Czp 73/15) And Its Practical Application, Joanna Affre, Piotr Skołubowicz

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

The article weighs arguments essential for the answer to the juridical question, which the Supreme Court of Poland has been asked, whether rebate is a “charge other than commercial margin” from Article 15 par. 1 p. 4 of the Act on Combating Unfair Competition. Authors agree with the Supreme Court that the rebate is not a charge other than commercial margin, although they express doubts concerning statement that not every turnover-related-premium is a rebate. Furthermore, authors analyse judicature’s assessment of the practice of including various premiums/ bonuses/discounts in contracts and conditions which have to be fulfi lled to assess them …

If You Can’T Beat Them, Join Them Lawfully – Consortium Bidding In The View Of The Polish Competition Act, Małgorzata Salitra

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

The article presents some problematic issues due to the assessment of consortium bidding in the view of the Polish Competition Act. Competition law does not forbid consortium bids. Consortium bids can often be organised in a way that complies with competition law. The paper show that consortium bidding may give rise to competition concerns when one consortium member or a subset of the consortium members could fulfil the requirements of the tender competition or the contract on its own. The next part focus to identify the pro-competitive benefits that result from joint bidding and assess whether those pro-competitive benefits outweigh …

Case Comment To The Judgment Of The European Court Of Human Rights Of 2 October 2014 In Case Delta Pekárny A.S. V. The Czech Republic (Application No. 97/11), Bartosz Turno, Emilia Wardęga

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

No abstract provided.

Case Comment To The Judgement In Case C-583/13 P Deutsche Bahn Ag And Others V. Commission, Katarzyna Manteuffel

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

No abstract provided.

Case Comment To The Judgement In Cases C-399/10 P And C-401/10 P Bouygues I Bouygues Télécom V. Commission, Aleksandra Kłoczko

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

No abstract provided.

Analysis Of Issues Related To Regulation On Relations Between Suppliers Of Food And Agricultural Products And Multiple Retailers, Based On Solutions Proposed In Bill On Unfair Commercial Practices Submitted By The Polish Peoples’S Party, Joanna Affre

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

Article contains review of the solutions included in bill on combating the unfair commercial practices of the entrepreneurs conducting trade of agricultural and food products, against the suppliers of those products, submitted during the previous cadence of Polish Parliament by the group of deputies of Polish People’s Party. Authors assess the bill critically, as drawn up inappropriately, not suiting the current law system and establishing the state control over the process of contracting on food market sector. The Article describes the “unfair commercial practices”, in particular the new way of regulation on the issue of the slotting fees. Authors analyse …

When The Violation Of Competition Is Legally Discovered? The Limits Of Inspections, Maciej Bernatt

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

From the Volume Editor

Antitrust Arbitration And Merger Approval, Mark A. Lemley, Christopher R. Leslie

Northwestern University Law Review

In a string of recent opinions, the Supreme Court has made it harder for consumers to avoid arbitration clauses, even when businesses strategically insert provisions in them that effectively prevent consumers from being able to bring any claim in any forum.

Arbitration differs from litigation in ways that harm the interests of consumer antitrust plaintiffs. For example, arbitration limits discovery and has no meaningful appeals process. Furthermore, defendants use the terms in arbitration clauses to prevent class actions and to undercut the pro-plaintiff features of antitrust law, including mandatory treble damages, meaningful injunctive relief, recovery of attorneys’ fees, and a …

Global Value Chains And Resource Corridors: The Nexus Is Regional Integration, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

To be more involved in the global value chains, sub-Saharan African countries should intensify their regional integration efforts. A first step in this direction can be implementing cross-border resource-based development corridors.

Audiovisual Archives Of Public Television - From A ‘Safe’ To Creativity, Robert Kroplewski

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

The article considers a variety of legal issues concerning effective means of sharing audiovisual programmes which constitute archival goods held (in a proverbial ‘safe’) by the Polish public broadcaster TVP. The paper also addresses the issue of the so-called ‘copyrights revival’ concerning old programmes in the context of its extension to the Internet. The article discusses the use of the ‘Creative Commons’ license type, as a way of taking into account the needs of recipients to access audiovisual culture, as well as ensuring the conditions of the ‘Open Development Code’. Media convergence justifies also the thesis on the disappearance of …

The New Road To Serfdom: The Curse Of Bigness And The Failure Of Antitrust, Carl T. Bogus

University of Michigan Journal of Law Reform

This Article argues for a paradigm shift in modern antitrust policy. Rather than being concerned exclusively with consumer welfare, antitrust law should also be concerned with consolidated corporate power. Regulators and courts should consider the social and political, as well as the economic, consequences of corporate mergers. The vision that antitrust must be a key tool for limiting consolidated corporate power has a venerable legacy, extending back to the origins of antitrust law in early seventeenth century England, running throughout American history, and influencing the enactment of U.S. antitrust laws. However, the Chicago School’s view that antitrust law should be …

Recognizing The Limits Of Antitrust: The Roberts Court Versus The Enforcement Agencies, Thom Lambert, Alden F. Abbott

Faculty Publications

In his seminal 1984 article, The Limits of Antitrust, Judge Frank Easterbrook proposed that courts and enforcers adopt a simple set of screening rules for application in antitrust cases, in order to minimize error and decision costs and thereby maximize antitrust's social value. Over time, federal courts in general, and the U.S. Supreme Court in particular, under Chief Justice Roberts have in substantial part adopted Easterbrook's "limits of antitrust" approach, thereby helping to reduce costly antitrust uncertainty. Recently, however, antitrust enforcers in the Obama Administration (unlike their predecessors in the Reagan, Bush, and Clinton Administrations) have been less attuned to …

The Protection Of Privacy In On-Demand Audiovisual Media Services, Katarzyna Chałubińska-Jentkiewicz

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

The Internet allows the provision of on-demand audiovisual media services to an extent which was not possible in the past due to technological limitations. Such varied services are subject to different legal regimes. The basis for these differences can be found in taking responsibility for the content of such services. The medium used to transmit the content cannot be the sole decisive criterion for assessing whether liability associated with the provision of a given type of service is within media law, or if it is excluded from it. The article considers regulatory differences with respect to on-demand services with regard …

The Chicago School Trap In Trademark: The Co-Evolution Of Corporate, Antitrust, And Trademark Law, Deven R. Desai

Cardozo Law Review

The central claim of this Article is that, as a descriptive matter, trademark legislation and court interpretation is a close normative match with the Chicago School approach of scholars such as Robert Bork and Richard Posner. The organizing intellectual structure of modern trademark law, as developed in the law, has been freedom of action for the owner of the mark, not minimizing search costs as repeatedly stated in academic writing. This Article thus reveals that modern trademark law is a subset of the Chicago School's approach to the firm, deference to management, and competition. That view is not interested in …

The Legitimacy Of Fees For The Reservation Of Frequencies For A Multiplex Operator In The Period Before A Licence To Broadcast Is Actually Granted, Artur Salbert, Anna Żochowska-Sychowicz

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

The commencement of the dissemination of TV programmes in a multiplex is conditional upon: fi rst, obtaining a reservation of frequencies by a multiplex operator and second, obtaining licenses to broadcast by the broadcasters. The purpose of this article is to analyze the possibility of supporting an interpretation whereby the fees for the reservation of frequencies should only be paid by the multiplex operator starting from the time when the frequencies could actually be used by that multiplex operator to distribute programmes. The Article aims also to assess, in the event of disproving the above interpretation, the conformity of the …

Taking A Stand On Standing: The Third Circuit Widens The Circuit Split By Narrowing Private Antitrust Standing Under The "Consumer-Or-Competitor" Test, Elizabeth Giordano

Villanova Law Review (1956 - )

No abstract provided.

Vertical Integration In Health Care The Regulatory Landscape, David C. Szostak

DePaul Journal of Health Care Law

No abstract provided.

The Legal Status Of Personalized Media, Jędrzej Skrzypczak

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

A dynamic development of media-related digital technologies has been observed throughout recent decades. These phenomena are conducive to significant social, economic, political and legal transformations. The development of digital media has led to the creation of many new categories of transfers and modifications of traditional communication patterns. One of the most interesting examples of these phenomena is personalized media. This could be media on-demand, but also media available via streaming, tailored to the needs of a specific recipient. The legal status of personalized media is surrounded by many doubts. This paper focuses on analyzing the legal rules defining the formal …

Table Of Contents

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

Table of Contents

Entire Issue Vol. 4 No. 7

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

Vol. 4(7)

Regulating Audiovisual On-Demand Services. New Solutions For The ‘New Media’?, Katarzyna Klafkowska-Waśniowska

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

The article covers the Polish implementation of the Audiovisual Media Services Directive (AVMSD) concerning on-demand audiovisual media services. Three main issues are discussed: the definition and delineation of on-demand audiovisual services as well as rules on the protection of minors and on the promotion of European works. The concept of ‘on-demand audiovisual media service’ provokes many questions as to the scope of its regulation, particularly when it comes to the separation of the audiovisual media sector from electronic press. The author discusses the ‘comparability’ criterion, as a part of the definition of a ‘programme’, and the lack of the express …

Katarzyna Chałubińska-Jentkiewicz, Audiovisual Media Services. Regulation In The Conditions Of Digital Conversion. Ss. 356. Warsaw 2013, Michał Możdżeń-Marcinkowski

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

Warsaw 2013, pp 356