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Articles 121 - 150 of 244
Full-Text Articles in Antitrust and Trade Regulation
Safety Of Ground Handling Workers, Katarzyna Łuczak, Piotr Łuczak
Safety Of Ground Handling Workers, Katarzyna Łuczak, Piotr Łuczak
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The aim of this article is to outline safety considerations relevant to ground handling workers. Attention is drawn to legal rules on safety in civil aviation as well as health and safety of work. Presented in particular are areas which are especially exposed to dangers arising during work in ground handling services.
Terrorist Attack On The Brussels Airport In The Light Of European And International Law, Mateusz Osiecki
Terrorist Attack On The Brussels Airport In The Light Of European And International Law, Mateusz Osiecki
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The terrorist attack on Brussels of 22 March 2016 is an event that shall for long remain in humanity’s memory as a brutal assault striking not only at the Belgian community, but also Europe and the world as a whole. The purpose of this article is to analyse the attack at Zaventem International Airport from the juridical perspective. In the introduction, the facts relating to the attack are briefly presented, followed by a detailed overview of the term ‘terrorism’ on the basis of several legal acts, including the Penal Code of Belgium. The principal part of the text is devoted …
Method Of Determining The Catchment Area Of An Airport And Prohibition Of Public Financing Of Unused Airport Infrastructure Under Eu Law. Commission Decision Sa.43023 Of 28 July 2016 Concerning State Aid Granted To Lamezia Terme Airport By Italy, Jadwiga Urban-Kozłowska
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
No abstract provided.
The Foreign Trade Antitrust Improvements Act: Do We Really Want To Return To American Banana?, Joseph P. Bauer
The Foreign Trade Antitrust Improvements Act: Do We Really Want To Return To American Banana?, Joseph P. Bauer
Maine Law Review
It keeps getting worse and worse. Over the past three and a half decades, the Supreme Court has made countless changes to substantive antitrust doctrine, making successful assertion of an antitrust claim more and more difficult. We have known for at least a century—at least since the Standard Oil decision—that the language in section 1 of the Sherman Act, providing that “every contract, combination . . . , or conspiracy, in restraint of trade . . . , is declared to be illegal” is not to be read literally. “Every” does not mean “every.” It means only “some”—generally, only those …
Is "Product Hopping" Anti-Competitive Or Fair Game?: A Look At The Second And Third Circuit Divisions In Actavis Plc And Mylan Pharmaceuticals, Alexis S. White
Is "Product Hopping" Anti-Competitive Or Fair Game?: A Look At The Second And Third Circuit Divisions In Actavis Plc And Mylan Pharmaceuticals, Alexis S. White
North Carolina Central University Science & Intellectual Property Law Review
No abstract provided.
Equity Crowdfunding - The Jobs Act (Almost) To The Rescue, Zachary Ballas
Equity Crowdfunding - The Jobs Act (Almost) To The Rescue, Zachary Ballas
Cardozo Journal of International and Comparative Law
The note examines the JOBS Act's reforms to private securities offerings, particularly its provisions for equity crowdfunding, and evaluates their potential to modernize securities law while balancing investor protection and capital formation. It highlights the Act's amendments to Regulations A and D, the introduction of Regulation Crowdfunding under Title III, and compares the U.S. regulatory approach with the UK's Financial Conduct Authority (FCA) framework. While the Act aims to reduce wealth disparity and promote economic growth, its effectiveness in achieving these goals and safeguarding investors remains uncertain.
Troubled Waters Between U.S. And European Antitrust, D. Daniel Sokol
Troubled Waters Between U.S. And European Antitrust, D. Daniel Sokol
Michigan Law Review
Review of The Atlantic Divide in Antitrust: An Examination of US and EU Competition Policy by Daniel J. Gifford and Robert T. Kudrle.
Constraining Monitors, Veronica Root
Constraining Monitors, Veronica Root
Fordham Law Review
Part I of this Article explains the failure of recent attempts by courts and legislators to constrain monitor behavior. Part II then argues that one reason for the lack of monitorship regulation lies in the reluctance of bar associations to oversee quasi-legal behavior. It then explains why reputation appears to be the primary factor reigning in monitor behavior today. Part III discusses implications of this Article’s findings. Specifically, it discusses concerns regarding the disclosure of information, the boundaries of the relationship between a monitor and other parties, and the ways a monitor’s identity might be utilized as a sanctioning mechanism. …
Constraining Monitors, Veronica Root
Constraining Monitors, Veronica Root
Fordham Law Review
Part I of this Article explains the failure of recent attempts by courts and legislators to constrain monitor behavior. Part II then argues that one reason for the lack of monitorship regulation lies in the reluctance of bar associations to oversee quasi-legal behavior. It then explains why reputation appears to be the primary factor reigning in monitor behavior today. Part III discusses implications of this Article’s findings. Specifically, it discusses concerns regarding the disclosure of information, the boundaries of the relationship between a monitor and other parties, and the ways a monitor’s identity might be utilized as a sanctioning mechanism. …
What's The [Irreparable] Harm?: Incentivizing Creativity Through Preliminary Injunctions In Copyright Law, Arielle Matza
What's The [Irreparable] Harm?: Incentivizing Creativity Through Preliminary Injunctions In Copyright Law, Arielle Matza
Cardozo Law Review
No abstract provided.
Gorsuch Versus Scalia: How Will Antitrust Change?, Keith N. Hylton
Gorsuch Versus Scalia: How Will Antitrust Change?, Keith N. Hylton
Faculty Scholarship
Before writing this review of Judge Neil Gorsuch's antitrust opinions I took a quick look at what others have written on the topic. It was not hard to find several reviews of Gorsuch's antitrust opinions. Why should I write a review of his opinions, I wondered, if others have already done so? Why not simply refer the reader to one or more of the published reviews?
Report On The Conference ‘New Prohibited Practices Of Retail Chains? The Act On Counteracting The Unfair Use Of Bargaining Power In The Trade In Agricultural And Food Products’. Warsaw, 30.11.2016, Agata Jurkowska-Gomułka
Report On The Conference ‘New Prohibited Practices Of Retail Chains? The Act On Counteracting The Unfair Use Of Bargaining Power In The Trade In Agricultural And Food Products’. Warsaw, 30.11.2016, Agata Jurkowska-Gomułka
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Warsaw, 30.11.2016
Collecting Evidence And Hearing Cases In The Polish Draft Act On Claims For Damages Arising From Competition Law Infringements, Patrycja Szot
Collecting Evidence And Hearing Cases In The Polish Draft Act On Claims For Damages Arising From Competition Law Infringements, Patrycja Szot
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
This article presents a brief overview of the draft act on claims for damages arising from competition law infringements implementing into the Polish legal system the Damages Directive 2014/104/EU. It focuses on procedural provisions that facilitate actions for damages caused by infringements of competition law. The article covers the issue of evidence collection, necessary to prove the infringement and the resulting harm, as well as the hearing of such cases. The article accounts also for institutions such as presumption of fault and harm as well as the passing-on of overcharges, estimation of harm and access to evidence by way of …
Combating Unfair Use Of Superior Bargaining Power In The Food Retail Sector In Germany, Wojciech Łyszczarz
Combating Unfair Use Of Superior Bargaining Power In The Food Retail Sector In Germany, Wojciech Łyszczarz
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The adoption of the new Law on Combating Unfair Use of Superior Bargaining Power in the Trade in Agricultural and Food Products constitutes a good opportunity to compare legal provisions applicable in different states of the European Union in this regard. German solutions are particularly interesting. This is a result of, amongst others, assumptions and solutions introduced in Germany, which are analogous to those on which the Polish provisions are based. This paper summarizes the history of German regulation, theories of harm related to its introduction, its practical application and a recent pilot decision of the German competition authority seeking …
Limitation Of Claims For Damages Arising From Competition Law Infringements – Polish Attempt To Implement The Damages Directive With Respect To Limitation Periods, Anna Tworkowska-Baraniuk
Limitation Of Claims For Damages Arising From Competition Law Infringements – Polish Attempt To Implement The Damages Directive With Respect To Limitation Periods, Anna Tworkowska-Baraniuk
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The Polish legislator faces the introduction of the Act on claims for damages arising from competition law infringements. The above Act comprehensively regulates the issue of private enforcement. The implementation of the new legislation is necessary due to the laps (as of 27 December 2016) of the deadline for the implementation into national legislation of the Member States of the European Union of 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 …
Does Fifa’S Ban On Third-Party Ownership Infringe Eu Competition Rules?, Radosław Niwiński
Does Fifa’S Ban On Third-Party Ownership Infringe Eu Competition Rules?, Radosław Niwiński
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article refers to the mechanism of third-party ownership (TPO) in football. The author confronts the transfer market sectors with the necessity of external funding by investment funds. The author emphasizes the meaning of Brussel’s court decision in case Doyen Sport & Seraing United vs FIFA, UEFA and Belgium Football Association, which refers to the conformity of FIFA’s ban on TPO with Article 101 and 102 TFEU. The author compares this decision with CJEU jurisprudence related to the sport sector.
The Franchise Paradox. Decision Of The Uokik President No Dkk-191/2016 In The Case Of Concentration Of Eurocash/Eko Holding, Szymon Gołębiowski
The Franchise Paradox. Decision Of The Uokik President No Dkk-191/2016 In The Case Of Concentration Of Eurocash/Eko Holding, Szymon Gołębiowski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
No abstract provided.
Analysis Of Essential Issues Related To The Act On Counteracting The Unfair Use Of Superior Bargaining Power In The Trade In Agricultural And Food Products – What Changes In Polish Law?, Małgorzata Salitra
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article presents selected provisions contained in the Act of 15 December 2016 on counteracting the unfair use of superior bargaining power in the trade in agricultural and food products, which has been prepared by the Ministry of Agriculture and Rural Development. The Act provides for an administrative fine for the unfair use of superior bargaining power. A proceeding of this nature shall be initiated by the President of UOKiK ex officio, rather than by request of any party to such proceeding. However, any entrepreneur with a reasonable suspicion of being the subject to a practices involving the unfair use …
On Commitments Of An Undertaking. Judgment Of The Court Of The Eu Of 15 September 2016 In Case T-76/14 Morningstar, Inc. V The Commission, Elwira Konopko
On Commitments Of An Undertaking. Judgment Of The Court Of The Eu Of 15 September 2016 In Case T-76/14 Morningstar, Inc. V The Commission, Elwira Konopko
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
No abstract provided.
Report On The Fifth Polish-Portuguese Phd Students Conference On Competition Law. Białystok, 14.10.2016, Magdalena Knapp, Radosław Niwiński
Report On The Fifth Polish-Portuguese Phd Students Conference On Competition Law. Białystok, 14.10.2016, Magdalena Knapp, Radosław Niwiński
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Białystok, 14.10.2016
Uokik President As The Authority Competent In Cases Of Practices Consisting Of An Unfair Use Of Superior Bargaining Power – Critical Remarks, Agata Jurkowska-Gomułka
Uokik President As The Authority Competent In Cases Of Practices Consisting Of An Unfair Use Of Superior Bargaining Power – Critical Remarks, Agata Jurkowska-Gomułka
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article provides an analysis of the provisions of the Act on Counteracting Unfair Use of Superior Bargaining Power from an institutional perspective. A set of arguments is presented supporting the view of the incorrectness of the provision whereby the UOKiK President is responsible for the implementation of this Act. The rules of the Act on Competition and Consumer Protection provide a point of reference for the analysis contained in this article. The author stipulates that competences with respect to counteracting the unfair use of superior bargaining power should be transferred from the UOKiK President to a specialized administrative body …
The Protection Of Small And Medium-Sized Enterprises From Exploitation By Big Market Players (Relation B2b), Michał Zaremba
The Protection Of Small And Medium-Sized Enterprises From Exploitation By Big Market Players (Relation B2b), Michał Zaremba
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article presents arguments in favor of strengthening the protection mechanisms for small and medium-sized enterprises against economic exploitation by large companies. Apart from discussing the economic conditions and features of this phenomenon, presented are also national provisions that currently protect domestic entrepreneurs against exploitation. Moreover, a catalogue of prohibited practices, which should be implemented into the legal system either by means of appropriate judicial practice or by introducing some changes into legislation, has been created and is proposed in the article.
Relation Between The General Clause And The Example Catalogue Of Unfair Practices In The Act On Combating The Unfair Use Of Superior Bargaining Power In The Trade In Agricultural And Food Sector, Katarzyna Manteuffel, Mikołaj Piaskowski
Relation Between The General Clause And The Example Catalogue Of Unfair Practices In The Act On Combating The Unfair Use Of Superior Bargaining Power In The Trade In Agricultural And Food Sector, Katarzyna Manteuffel, Mikołaj Piaskowski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article presents an analysis of the relation between the general clause provided in Article 7(2) of the Act on Combating the Unfair Use of Superior Bargaining Power in the Trade in Agricultural and Food Sector and the example catalogue of unfair practices listed in Article 7(3) of this Act. The authors consider also the function of the general clause included in this Act as well the scope of particular example practices expressly described therein.
Is A Legal Definition Of A Cartel Necessary? Discussion Based On The Proposal Of The Definition Of A ‘Cartel’ Included In The Draft Act On Claims For Damages Arising From Competition Law Infringements, Kamil Kłopocki
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The Polish draft of the act on claims for damages arising from competition law infringements implements 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. Therein, a definition of a ‘cartel’ has been, for the first time, included in the Polish legal system. Not unlike its predecessors, the Polish legislature defined in the Act of 16 February 2007 on competition and consumer protection the term ‘agreement’ which infringes competition. …
Joint And Several Liability Of The Perpetrators Of Competition Law Violations In The Draft Act On Claims For Damages Caused By A Competition Law Infringement Of 7 February 2017 – Subjective Aspect, Aleksandra Milewska
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The purpose of this article is to analyze issues related to the design of joint and several liability of cartel members provided for in the act on claims for damages caused by a competition law infringement of 7 February 2017. The latter implements into the Polish legal system 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. The author presents considerations relating to exceptions provided in this law with …
Liability Under Competition And Criminal Law Of A Natural Person In Connection To Entering Into Collusive Tendering By An Entrepreneur, Paulina Korycińska-Rządca
Liability Under Competition And Criminal Law Of A Natural Person In Connection To Entering Into Collusive Tendering By An Entrepreneur, Paulina Korycińska-Rządca
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article discusses mutual relations between the scope of administrative and criminal liability of a natural person for intentionally engaging an entrepreneur in collusive tendering. Presented first are legal provisions on administrative and criminal liability of a natural person with relation to engaging an entrepreneur in collusive tendering. Subsequently, the existing differences between the subject and the object of those provisions are described, indicating the arrears where the concurrence of the basis of a natural person’s liability in connection to collusive tendering may occur, and the arrears where there is no legal basis to impose a penalty on such a …
Tort Liability Of The Eu For The Infringement By The Court Of The Right To The Resolution Of A Case Within A Reasonable Time. Judgment Of The Court Of The Eu Of 10 January 2017 In Case T-577/14 Gascogne Sack Deutschland And Gascogne V Eu, Marta Michałek-Gervais
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
No abstract provided.
Rafał Stankiewicz, Rationalization Model Of Access To Medical Products C.H. Beck, Warsaw 2014, P. 537, Andrzej Powałowski
Rafał Stankiewicz, Rationalization Model Of Access To Medical Products C.H. Beck, Warsaw 2014, P. 537, Andrzej Powałowski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Book review
Market Power In The U.S. Economy Today, Jonathan Baker
Market Power In The U.S. Economy Today, Jonathan Baker
Presentations
Market concentration measures the extent to which market shares are concentrated between a small number of firms. It is often taken as a proxy for the intensity of competition. Indeed, in recent years changes in concentration have increasingly been used to argue that the intensity of competition is falling, that the growth of large firms with high market shares is driving up profits, damaging innovation and productivity, and increasing inequality. Some have argued that the competition rules need to be rewritten and a crackdown by overly antitrust agencies is required. The simplicity of this framing has found supporters across the …
The Never-Ending Quest For Clarity Amidst Uncertainty: Hospital M&A And Antitrust Scrutiny, Ross E. Bautista
The Never-Ending Quest For Clarity Amidst Uncertainty: Hospital M&A And Antitrust Scrutiny, Ross E. Bautista
San Diego Law Review
Although critics say hospitals justify mergers in the same way as they did during the M&A boom of the 1990s, these critics frequently link the current wave of mergers with the purpose of becoming more integrated and efficient to achieve the level of cost savings and improved quality that the United States and patients currently require. However, the results from hospital consolidation remain uncertain because of the limited and mixed evidence about its impact on quality of care and price. Part I of this Article discusses the recent surge in hospital M&A activity. Part II brings some clarity by discussing …