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2016 China Food Law Update, Michael T. Roberts, Ching-Fu Lin

Journal of Food Law & Policy

This update of China food law builds on a unique feature for the Journal of Food Law & Policy that has been provided since the Journal's inception - separate food law updates for both the United States and European Union. "Recognizing the globalness of the modem food system, these updates have served an invaluable role in keeping scholars and practitioners abreast of the world's leading food regulatory systems." China's emergence as a developed, modem food regulatory system with the potential of being a leading food regulatory system makes sense given its position as a world economic powerhouse. China's role in …

Manipulating, Fast And Slow: The Law Of Non-Verbal Market Manipulations, Shmuel I. Becher, Yuval Feldman

Cardozo Law Review

Consumers make purchasing decisions in various markets every day. Contrary to common belief, such decision-making is often not the result of deliberate analysis of information or of rational thinking. Rather, it is frequently based on feelings, sensations and intuition. Purchasing decisions are not made in a vacuum and are regularly influenced by sellers' manipulation and selling tactics.

It is well documented that people receive a substantial part of the information they possess via non-verbal communication. One of the most alarming aspects of this reality is that consumers are mostly unaware of non-verbal cues and the ways they can influence them. …

From The Editor (Maciej Bernatt), Maciej Bernatt

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

From the Editor

Failure To State Of Reasons As A Ground For Annulment Of The European Commission’S Decision In The Light Of Current Cjeu Case-Law On The Control Of Undertakings, Marta De Bazelaire De Ruppierre

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

This article aims to analyse the European Commission’s obligation to state the reasons for decision issued in connection with the control of an undertaking suspected of anti-competitive activities. It indicates requirements that statement of reasons has to meet in order to remain in conformity with Article 296 TFEU and the case-law, as well as depicts the criteria of assessment used by the CJEU to verify the fulfilment of those conditions. It also addresses the issue of legal effects of the judgment annulling the decision and it ponders on the effectiveness of the protection of the rights of undertakings.

Jan Szczodrowski, Kontrola Rynków Oligopolistycznych W Prawie Konkurencji, Lex A Wolters Kluwer Business, Warszawa 2015, Ss. 350, Konrad Kohutek

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

No abstract provided.

Table Of Contents

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

Table of contents

Exemption Of The Selective Distribution From The Prohibition Of Agreements Restricting Competition, Maciej Marek

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

The article studies the application of block exemptions and individual exemption to selective distribution systems. The author examines the conditions of applying Polish and European general block exemption and the possibility of combining selective distribution with common additional restrictions. Also, the article describes the methodology used by the European courts to individually exempt selective distribution systems and examines the relation of the prerequisites of individual exemption and the Metro doctrine.

Methods Of Detecting Bid Rigging, Marta Stryszowska, Joanna Piechucka

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

The present article discusses the use of tools of economic analysis to detect bid rigging by taking a two-step approach. Firstly, the structural approach to identify markets that are more susceptible to bid rigging is presented. Secondly, the behavioral approach consisting of identifying suspicious behavior in tenders is discussed. Within the latter approach, tools for the identification of suspicious bid rigging patterns, price variance analysis and other tests used to study whether bidding behavior is more consistent with collusion rather than competition are analyzed. Finally, the extent to which tools of economic analysis could be used in practice by competition …

Impeding Market Access As A Prerequisite Of Unfair Competition Practice Of Collecting Slotting Allowances That Ought To Be Examined In Every Case, Joanna Affre, Joanna Piechucka, Piotr Skołubowicz, Marta Stryszowska

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

Article concerns ways of examination, when the unfair competition practice set forth in the article 15 sec. 1 p. 4 of Combating Unfair Competition Act takes place. Authors present different views on meaning of “impeding market access” in this provision and support the concept that it should be considered as one of prerequisites of committing this practice. They also explain why this prerequisite should be examined in every case before the court. Further, authors describe how, with the economical approach, this examination can be executed.

Restrictions Of Competition In Vertical Agreements – Is There A Place To Study The Effects? Comments In The Light Of The Recent Case-Law Of The Polish Courts And The Cjeu, Katarzyna Górna, Małgorzata Kozak, Anna Wawruch

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

The subject of this article is to examine the current judicial practice of Polish common courts and the ECJ on the agreements that restrict competition by object or by effect. The article discusses the decisions and judgements, the content of which confirms that in the absence of that agreement to be restrictive of competition by object, it is necessary to carry out an extensive analysis of the economic and legal environment of the agreement for the assessment of its possible anti-competitive effects. The analysis leads to the conclusion that in the recent case law there is still a noticeable tendency …

Possibility To Hold A Company Liable For The Anticompetitive Behaviour Of An Independent Service Provider. Case Comment To The Judgment Of The Court Of Justice Of The European Union Of 21 July 2016 In Case C-542/14 Vm Remonts Sia, Ausma Grupa Sia V. Konkurences Padome (And Konkurences Padome V. Pārtikas Kompānija Sia), Marta Michałek-Gervais

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

The case comment relates to the judgment the Court of Justice of the European Union of 21 July 2016 in the case VM Remonts (C-542/14), delivered in response to a preliminary reference made by the Latvian Supreme Court. The question at stake referred to possibility to hold a company liable (in the light of Article 101 of the Treaty on the Functioning of the European Union) for the anticompetitive behaviour of a third-party service provider. The Court of Justice did not follow the Opinion of the Advocate General Wathelet who suggested introducing rebuttable presumption of the company's liability in this …

Control Of Concentration Proceedings And Access To Public Information. Case Comment To The Judgment Of Regional Administrative Court In Warsaw Of 16 December 2015, Sab/Wa 796/15, Aleksandra Kędzior

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

No abstract provided.

Inspections In The Proceedings Before Uokik, Judgements Of The Sokik Of 20 March 2015 , Xvii Ama 136/11 And 8 August 2014, Xvii Ama 145/11, Dariusz Aziewicz

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

No abstract provided.

Anna M. Nolan, Eu Merger Law. Effectiveness Of The System Of Referrals Of The Cases Involving Control Of Concentrations [In Polish: Unijne Prawo Konkurencji. Efektywność Systemu Odesłań Spraw Dotyczących Koncentracji Przedsiębiorstw] C.H. Beck, Warszawa 2015, Dariusz Aziewicz

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

No abstract provided.

Seminar The Most Important Changes In Consumer Protection Law In The Light Of The Act Of 5 August 2015 Amending The Competition And Consumer Protection Act [In Polish: Najważniejsze Zmiany W Sferze Ochrony Konsumentów W Świetle Ustawy Z Dnia 5 Sierpnia 2015 R. O Zmianie Ustawy O Ochronie Konkurencji I Konsumentów Oraz Niektórych Innych Ustaw], Instytut Nauk Prawnych Pan, Warsaw, 14 April 2016 R., Jarosław Łukawski

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

Warsaw, 14 April 2016 r.

The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow

Georgia Journal of International & Comparative Law

Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be …

The Nba's Deal With The Devil: The Antitrust Implications Of The 1999 Nba-Nbpa Collective Bargaining Agreement Note, Dan Messeloff

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis

Indiana Journal of Constitutional Design

Is Ecuador’s adoption of Article 422 in the 2008 Constitution properly viewed as a “re-statification”1 of Investor State Dispute Settlement (ISDS)? And, since its implementation, has the constitutional article been effective in institutionally insulating Ecuador from the jurisdictional reach of international ISDS? This paper answers both questions in the negative—but qualifies such an outlook by balancing the drawbacks of Article 422 against its successes. Article 422’s provisions, strident in its attempt to create an alternative development vision, did not achieve all that the Constitution’s drafters had hoped. Nevertheless, in its limited effect of detaching Ecuador from certain ISDS fora, it …

More Than Just A Toothache? N.C. Dental Leaves Medical Boards Vulnerable: A Look At Telemedicine Companies And Antitrust Challenges To State Prescription Drug Rules, Alexander R. Kalyniuk

William & Mary Business Law Review

Encouraged by technological advancements and favorable provisions within the Affordable Care Act, telemedicine companies that offer online doctor visits are thriving in the health care industry. Online doctor visits are a relatively new and cost-efficient method to provide medical care over long distances that do not require patients to step outside their homes. However, many state medical board scope-of-practice rules prohibit physicians from prescribing medications without an in-person physical examination of the patient, which impedes telemedicine companies from offering their online services in those states. To circumvent this barrier, telemedicine companies may have a prima facie case under § 1 …

Product Hopping: A New Framework, Michael A. Carrier, Steve D. Shadowen

Notre Dame Law Review

One of the most misunderstood and anticompetitive business behaviors in today’s economy is “product hopping,” which occurs when a brand-name pharmaceutical company switches from one version of a drug to another. These switches, benign in appearance but not necessarily in effect, can significantly decrease consumer welfare, impairing competition from generic drugs to an extent that greatly exceeds any gains from the “improved” branded product.

The antitrust analysis of product hopping is nuanced. It implicates the intersection of antitrust law, patent law, the Hatch-Waxman Act, and state drug product selection laws. In fact, the behavior is even more complex because it …

The Role Of Design Choice In Intellectual Property And Antitrust Law, Stacey Dogan

Faculty Scholarship

When is it appropriate for courts to second-guess decisions of private actors in shaping their business models, designing their networks, and configuring the (otherwise non-infringing) products that they offer to their customers? This theme appears periodically but persistently in intellectual property and antitrust, especially in disputes involving networks and technology. In both contexts, courts routinely invoke what I call a “non-interference principle” — the presumption that market forces ordinarily bring the best outcomes for consumers, and that courts and regulators should not meddle in the process. This non-interference principle means, for example, that intermediaries need not design their networks to …

Maturity Of Regulatory Regime In A Process Of Deregulation Of A Sector. Telecommunication Sector Example, Maria Dąbrowa, Renata Śliwa

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

There is an endeavor undertaken in the paper to outline the relations between deregulation phenomenon and the level of regulatory infrastructure maturity. The content of the article introduces the description of regulatory infrastructure, the methods if its presentation as well as the analytical approach to the relations between deregulation and regulatory infrastructure in telecommunications sector. The empirical analysis was directed to verify the hypothesis on the possible, positive impacts of the maturity of regulatory infrastructure on the scale of deregulation in telecommunications. The notions of the scale of deregulation and the condition of sectoral regulator were defined. The methodology of …

Connections To Non-Geographic Numbers. Comment To The Judgment Of The Court Of Justice Of The European Union Of 14 April 2016, C – 397/14, Łukasz Pirożek

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

Contents: I. Introduction II. The subject of the case III. The reasons of the judgment of the Court of Justice of the EU IV. Summary

Internet Of Things. Medical Treatment Delivered By Computers: Fiction Or Reality?, Ewa M. Kwiatkowska

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

The article discusses the Internet of Things (IoT) applications in medicine. The advantages of using electronic medical records are described. The possibilities of mobile applications and peripheral devices related to health and physical activity utilization are presented. The opportunities and threats that may arise from computerization of health care are discussed.

Zero-Rating In Internet Access Services And Specialised Services, Andrzej Nałęcz

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

Zero-rating is the practice of offering unlimited access to certain internet content to data plan subscribers in mobile communication networks. It is pertinent to the concept of network neutrality. The article explains the various types of zero-rating and presents their positive and negative consequences. The positives relate most of all to a beneficial influence on the competition between providers of internet access services. The negatives consist in a detrimental influence on the development of innovative internet content. Zero-rating is considered a threat to network neutrality even in developing countries, even though it is there that social development might benefit the …

New Legal Rules Of Providing Internet Access Services, Stanisław Piątek

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

Article presents the consequences of EU regulation 2015/2120 concerning open internet access for providers of access services and end-users. The scope and legal character of new rules are discussed. Elaborated are guarantees for end-users and restrictions imposed on service providers concerning traffic management measures. The article explains effects of new rules concerning content of contracts and enforcement of service provider’s responsibility for non-performance of quality requirements of service contracts. The BEREC guidelines regarding the monitoring and enforcing the regulation were presented.

Ewa Galewska, The Obligation To Conclude Interconnection Agreements, Oficyna Wolters Kluwer Business, Warszawa 2015 (Reviewed By Kamil Mieszkowski), Kamil Mieszkowski

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

No abstract provided.

From The Editor, Stanisław Piątek

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

Editorial

Legal Nature Of Consultation Between The European Commission And The President Of The Office Of Electronic Communications In Regulation Of The Telecommunication Market, Mateusz Chołodecki

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

The aim of the paper is to review the legal nature of the consultation procedure between European Commission (EC) and the President of the Office of Electronic Communications (UKE). In the procedure, EC analyses a draft of the regulatory measures notified by UKE and has right to issue a recommendation. Moreover, the author discusses a problem of the judicial control of the decision issued by UKE as a result of the consultation with EC. According to the author, only the national courts (SOKiK) are legitimate to control the decision.

Journalistic Confidentiality In The Codes Of Journalistic Ethics, Ewa Galewska

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

Journalistic confidentiality and revealing information constituting thereof should be examined not only as a legal problem but also issue of highly important meaning in the light of journalists’ professional ethics. Journalists select values they intend to protect. When selecting such values journalists should apply provisions of law that are of key importance here. Provisions of law however should be complemented by norms of professional ethics aiming at supporting journalists making such difficult selection.