Antitrust and Trade Regulation Commons^™

Table Of Contents

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

Table of contents

Nba-Age Restrictions: Should The Nba Follow In The Footsteps Of Major League Baseball?, Bryan Kelly

Pace Intellectual Property, Sports & Entertainment Law Forum

This paper will discuss the outlook of current NBA prospects and the development of age restrictions. It will also shed light on several key cases and Collective Bargaining Agreements including: Wood v. National Basketball Association, and Denver Rockets v. All Pro Management, Inc. and the NBA CBA. After that, an analysis of Sherman Antitrust Law and current case law concerning age restrictions in sports, and analyze the possibility for age-restrictions to be argued through the court system. Finally, this paper will look into the NBPA’s duty of representation towards NBA prospects and how the NBPA can take ideas from a …

The Evolution Of Antimonopoly Proceedings In Japan: Observations Of Third Party Standing To Sue In The Case Involving Jasrac, Yutaka Ishida

Washington International Law Journal

Japan’s Antimonopoly Proceeding has repeatedly changed throughout the 21st century. Originally enacted as the Preliminary Review Procedure, the administrative process evolved into the Complaint Review Procedure from 2005 to 2013, before becoming the Direct Appeal to District Court Procedure in effect now. The proceedings allow the Japan Fair Trade Commission ("JFTC") to regulate the market and shield it from monopolistic behavior. The Japanese Society for Rights of Authors, Composers, and Publishers ("JASRAC") dominates the music copyright management service provider industry in Japan. The company's fee collection methods led the JFTC to issue it a cease and desist order under the …

From Pay-For-Delay To Product Hopping: The Limited Utility Of Antitrust Law In The Pharmaceutical Industry, Joseph Fielding

Cardozo Law Review

The note examines the intersection of patent law and antitrust policy, particularly in the context of pharmaceutical drug competition. It argues that while antitrust enforcement is an effective solution to address "pay-for-delay" agreements, it is less suitable for resolving "product-hopping" issues. Instead, the article contends that closing regulatory loopholes in the Hatch-Waxman framework would be a more effective approach to curbing anticompetitive product-hopping practices. The analysis focuses on two key cases—Federal Trade Commission v. Actavis, Inc. and Schneiderman v. Actavis LLC—to illustrate the legal and economic implications of these strategies.

Standard Contract Terms In Consumer Contracts Concluded Online From The Perspective Of Eu Law And The Case Law Of Cjeu, Agnieszka Kubiak-Cyrul

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

Almost all online consumer contracts are concluded using standard contract terms and model adhesion contracts. Conclusion of contracts using standard contract terms requires, however, respect for existing regulations aimed at protecting the weaker participants of electronic commerce, that is, consumers. The aim of this study is to present the problem of using a standardized template in consumer e-commerce in the context of the existing legal obligation place on the trader to provide the consumer with proper information. If required information was not provided before concluding a contract, the trader is obliged to confirm its content on a durable medium. This …

On The Choice Of The Way Of Seeking Compensation By Air Passengers Pursuant To Regulation No 261/2004, Dorota Ambrożuk

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

The aim of this article is to present issues concerning the choice of how air passengers are able to seek compensation referred to in Article 7 of Regulation No 261/2004, in the light of Article 12 and 16 of the said Regulation. The resolution of the Polish Supreme Court of 7 February 2014 is discussed. The author points out to problems arising from the position taken by the Supreme Court, which allows passengers to seek compensation before common courts as well as before the President of the Civil Aviation Authority. These problems are mainly due to the division of competences …

Punishment Policy In Selected Decisions Of The President Of Uokik In The Telecommunication Services Market, Katarzyna Morawska

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

This article presents three decisions issued by the President of the Office of Competition and Consumer Protection (UOKiK) in December 2016 concerning the telecommunication services market. All of the proceedings described in this paper affect collective consumer interests and consumer rights.

Alberto De Franceschi (Ed.), European Contract Law And The Digital Single Market, Intersentia 2016, Pp. 266 (Review By Agnieszka Jabłonowska), Agnieszka Jabłonowska

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

No abstract provided.

Durable Medium In Consumer Trade, Jan Marek Szczygieł

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

The article presents selected issues relating to the responsibilities of entrepreneurs to provide consumers with specific information about their durable medium. Not only is the discussion focused on the definition of a durable medium and its characteristics, but it also indicates the types of materials and tools that may be recognised as permanent durable media, and as such be used in the modern consumer transactions.

Consumer Protection In The Internet – The Case Of Free Services Offered By Internet Platforms, Iga Małobęcka

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

Global internet platforms, such as Google, Facebook, Amazon or Linkedin, increasingly offer consumers free of charge services. Such services, however, are only seemingly free – consumers pay for their use with their own data. The problem with such seemingly free services lies, inter alia, in the lack of reliable and complete information about all elements of the agreement. Hence, consumers are being misled as to the actual remuneration for such services, as well as further use of their data by the internet platforms and other entities. This article analyzes possible ways of a legal classification of such practices of internet …

The Rights Of Passengers To Withdraw From The Carriage Contract And To One-Sidedly Modify Such Contract, Daniel Dąbrowski

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

The article discusses the right of passengers, granted to them by the Transport Law Act and the Maritime Code, to withdraw from the carriage contract without giving a reason, as well as their right provided only in the Transport Law Act, to one-sidedly modify the carriage contract. The author presents the essence and the scope of these rights, pointing out that they are applicable also in relation to those carriage contracts, which are subject to EU rules concerning the protection of passenger rights as well as the CIV convention. The author formulates also certain de lege ferenda proposals in relation …

Rights Of Bus And Coach Transport Passengers As A Condition Of The Development Of Transport In The Eu, Agata Sobusiak

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

The article presents the main features of Regulation No 181/2011 of 16 February 2011 concerning the rights of passengers in bus and coach transport. The author analyzes passenger rights provided by this act in the context of the idea of the development of sustainable transport in the EU. The article presents the characteristics of coach and bus transport and indicates factors which shape its development.

The Patient As The Consumer Of Healthcare Services – Chosen Legal Aspects, Małgorzata Ganczar, Marcin Szewczak

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

The main aim of this article is to analyse key issues concerning patient rights in their capacity as consumers. The healthcare services market has been subject to dynamic development in recent years. For that reason, it is very important to be open to new forms of risk. The present situation in the healthcare services market is important, because a consumer able to clearly identify the character of the these services, will be able to protect his rights. Summing up, there is no doubt that the relation between consumer and patient are quite complicated, but on the other side, very important …

Rights Of The Prosumer In The Electricity Market, Monika Przybylska

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

This article refers to the legal status of a prosumer as a participant of the electricity market or, more precisely, to an entity to which the legislator has granted the right to produce electricity from renewable energy sources in micro-installations. The considerations presented in this article are twofold, and thus coherent with the economic and legal concept of a prosumer in the market economy, including the electricity market. The analysis concerns, on the one hand, the prosecutor’s legal situation in the field of electricity generation activities as well as, on the other hand, the conditions of the use of self …

Consumer Class Action Against The Transport Carriers – Us And Eu Cases, Hanna Misiak

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

Class actions derive from the Anglo-Saxon legal tradition and yet they have recently appeared in the legal systems of the countries of continental Europe. In the United States, a class action is a reliable and sufficient instrument of redress used by consumers that act as passengers against transport carriers. The effectiveness of class actions in Poland and in other EU countries depends on the jurisdiction and the collaboration of the Member States.

Contemporary Challenges Of Consumer Law, Ed. Bogusława Gnela, Kinga Michałowska, C.H. Beck, Warsaw 2015, Pp. 317 (Review By Iwona Miedzińska), Iwona Miedzińska

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

No abstract provided.

Antitrust And Intellectual Property: A Brief Introduction, Keith N. Hylton

Faculty Scholarship

Intellectual property law and antitrust have been described as conflicting bodies of law, and the reason is easy to see. Antitrust law aims to protect consumers from the consequences of monopolization. Intellectual property law seeks to enhance incentives to innovate by granting monopolies in ideas or expressions of ideas. The purpose of this chapter is to explore the purported conflict between antitrust and intellectual property. The chapter is largely descriptive, and focuses on current or developing litigation rather than historical controversies. Many of the modern examples of conflict can be attributed to problems of classification.

When Antitrust Becomes Pro-Trust: The Digital Deformation Of U.S. Competition Policy, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

Justice Scalia And Sherman Act Textualism, Alan J. Meese

Faculty Publications

No abstract provided.

The Bargaining Robot, Ramsi Woodcock

Law Faculty Scholarly Articles

The primary threat of the rise of the machines is not to competition itself, but to the bargaining power of consumers, given any level of competition in the market. By enabling firms to interact with each consumer on an individual basis, technology will permit firms to tailor price to the highest level each individual consumer is willing to pay and to use tailored marketing to break each consumer’s will to hold out for a better deal, reducing consumer welfare for any given level of competition. By giving consumers more outside options, the promotion of competition can limit the effects of …

Justice Scalia And Class Actions, Brian T. Fitzpatrick

Vanderbilt Law School Faculty Publications

I have been asked to write an essay on Justice Scalia's class action jurisprudence and although I suspect many readers will find this surprising because the Justice is so often linked to constitutional law, I actually think that his class action jurisprudence may be where his opinions leave some of the biggest marks. To be as blunt about it as the Justice himself would have been: for better or for worse, I am not sure any other Justice of the Supreme Court in American history has done more to hinder the class action lawsuit than Justice Scalia did.

The Justice …

A Case Of Overcorrection: How The Ftc’S Regulation Of “Unfair Acts And Practices” Is Unfair To Small Businesses, Jennifer L. West

William & Mary Law Review

No abstract provided.

Interpretative Guidelines Concerning Events Giving Rights To Passengers Under Regulation (Ec) No 261/2004 Of The European Parliament And Of The Council Establishing Common Rules On Compensation And Assistance To Passengers In The Event Of Denied Boarding And Of Cancellation Or Long Delay Of Flights, Dagmara Kuźniar-Kwiatek

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

The article presents the Interpretive Guidelines of the European Commission on Regulation (EC) no 261/2004 concerning events which grant rights to air passengers on the basis of this Act. The subject-matter of the analysis focuses therefore on: denied boarding, cancellation, delays and placing a passenger in a higher or lower travel class. Such problems concern vital interests of individuals that use the services provided by air carriers, as reflected in the jurisprudence of the Court of Justice. The Guidelines relate to established jurisprudential practice and present coherent interpretation of Regulation no 261/2004. The aim of the article is to outline …

Integration Of Unmanned Aerial Veficles With The Eu Civil Aviation System, Marian Bujnowski

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

The article concerns the integration of the unmanned aircraft system with EU civil aviation. The paper presents the basic concepts and terminology used by international organizations (such as ICAO, EASA) and in Poland. Described are elements of an unmanned air system and the possibilities of its use. The paper shows also the process of shaping the legal framework of the EU system relating to the functioning of unmanned aerial vehicles and the conditions and prospects of its implementation. The article discusses also the operation of unmanned aircraft in Poland.

The Role Of The President Of Uokik In Protecting Air Passenger Rights, Marta Burnecka-Szczepańska

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

The article aims to present the role of the Polish competition authority – the President of UOKiK – in protecting the rights of air passengers under Polish law. The paper discusses Polish law that enables the President of UOKiK to take action against air carriers and presents a practical approach to the issue by providing information on current activities described in reports on the inspection of airlines.

Małgorzata Polkowska, Space Law In The New Era Of Space Activity. Chosen Problems, Oficyna Allerhanda: Krakow-Warsaw, 2015, Jan Walulik

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

No abstract provided.

Air Traffic Management And Air Navigation Services In European Union Law – Selected Issues, Telesfor Marek Markiewicz

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

In aviation law of the EU, the issue of air traffic management (ATM) and air navigation services (ANS) are included in regulations relating to the Single European Sky (SES) and those concerning the operation of the European Aviation Safety Agency (EASA). This article presents a review of selected operating regulations and economic aspects of the activities of the ATM/ANS service providers in the airspace of EU Member States and countries participating in the SES programme.

Doubts Regarding The Legal Status Of The Domestic Passenger Air Carriage Contract, Konrad Garnowski

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

The aim of the article is to present regulations regarding domestic passenger air carriage contracts. The paper contains an analysis of the applicable provisions, drawing attention to their diverse origins and reciprocal interactions between domestic regulations, international conventions and European Union regulations. The article also contains an overview of the practical consequences of these regulations, manifested in the granting to passengers of particular rights. The paper focuses also on doubts surrounding domestic regulations applicable to the contract of domestic passenger air carriage. Presented further on is the issue of the exemption of air transport from the application of Polish Transport …

To The Destination Throughout The Airport – Who Actually Participates In The Execution Of Passenger Air Carriage, Sylwia Kaczyńska

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

The purpose of this article is to analyze the scope of duties and responsibilities of various entities involved in the execution of passenger air carriage contracts in the context of what may the consumer expect, and from whom, starting from when passengers arrive at the airport till the moment when they leave their final destination airport. The basic legal relation concerning the carriage of passengers and their baggage is formed between the passenger and their carrier. However, effective implementation of the contract requires involvement of other entities too, in particular airport operators and a ground handling agents, albeit they are …

Subsidizing The Construction And Modernization Of Airports As An Aid To Airlines – Feasibility Analysis Of Control In International Law, Jakub Kociubiński

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

The issue of subsidies control in the global air transport market is a controversial one. In order to regulate this sphere, both political consensus of the States involved as well as an effective enforcement mechanism is required. One may even say that the very nature of public international law precludes the introduction of sufficiently effective measures that would prevent competition distortion as a result of subsidization. Public financing of airport infrastructure, which could be considered as granting undue advantage to airlines operating from that hub, serves as a prime example of the above challenges. This paper provides a feasibility analysis …