Antitrust and Trade Regulation Commons^™

Between A Relative And An Objective Advantage. Case T-143/12 Deutsche Post And Its Consequences, Łukasz Grzejdziak

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

In July 2016, the General Court issued a judgment in the Germany v Commission (Deutsche Post) case. In this judgment, the Court carried out a judicial review of the decision of the European Commission declaring as State aid certain measures granted by the German government to Deutsche Post. Some of them were considered by the Commission as existing aid or as aid compatible with the Internal Market. However, measures intended to cover additional costs related to the special status of German postal officers was considered an illegal aid and thus subject to recovery. The General Court annulled the Commission decision …

Premises Of The Appointment Of The Designated Operator, Magdalena Sławińska

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

The Postal Law binding from 1 January 2013 introduced an unknown institution on the postal services market – the appointment of the designated operator. This article is devoted to the question of appointment of the designated operator, which is an important element of the procedure to issue an administrative decision on the designation of a postal operator obliged to provide the universal service. The aim of the article is to outline the way of understanding the terms included in Art. 71(3) of the Postal Law as an indication of the choice of the designated operator in correlation with the provisions …

E-Administration Or The Digitalization Of Public Services In Europe And Poland – New Role Of Postal Operators?, Anna Romejko-Borkowska

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

The development of e-administration (e-government, e-state, e-offi ce) is a natural stage of facilitating communication between the state and its citizens in the Internet age. Regulation (EU) no 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identifi cation and trust services for electronic transactions in the internal market (the so-called eIDAS Regulation) came into force in mid-2016. It facilitates the process of authenticating and signing electronic documents, in that way opening a path for the development of an effi cient system for the circulation of official correspondence in Poland. In many European states, …

Regulatory Instruments On The Postal Market, Mateusz Chołodecki, Bożena Popowska

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

The main goal of the paper is to analyse regulatory instruments of the President of UKE in his capacity as the postal national regulatory authority. The authors distinguish regulatory instruments according to their purpose for ensuring the universal service or competition. The instruments ensuring the universal service involve: service provider designation, impact of the regulatory authority on the universal service provider, and fi nancing of the universal service. In contrast, third party access to the postal infrastructure is considered as a regulation for competition. The paper shows that Polish Postal law focuses mainly on the universal service obligation, rather than …

A Universal Service And A Designated Universal Service Provider – Two (In)Dispensable Pillars Of Postal Law, Piotr Lissoń

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

The article contains an analysis of legal provisions governing two institutions of postal law that are referred to in its title: a universal service and a designated universal service provider. The question asked is whether, in a situation of changing conditions of the postal market, the application and enforcement of legal regulations providing for an obligatory provision of a universal postal service and the designation, for this purpose, of a specified provider is legitimate. The findings presented in the article make it possible to conclude that the institution of a universal service continues to be an essential and constant element …

The Scope Of The [Designated] Operator’S Freedom To Shape The Manner Of Providing The Universal Postal Service, Zofia Snażyk

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

The article looks at research into the scope of the [designated] operator’s freedom to shape the manner of providing the universal postal service. The author indicates first of all the fixed elements of the universal postal service. Presented next is the discretionary power of the EU Member States in shaping the manner of providing these services, as set out by the Postal Directives. The article goes on to present the Polish regulations regarding the parameters of the universal postal service. The author considers the current model of shaping the parameters of the universal postal service as being unadjusted to market …

Derogation From The Obligation To Provide The Universal Service In Postal Law, Grzegorz Pawul

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

EU institutions recognize postal services as being of general economic interest (SGEI – service of general economic interest) that is, services that are particularly important to citizens due to the public interest. EU Directives state that postal services are essential communication instruments for the public, and play a substantial role in ensuring social, economic and territorial cohesion. A universal service constitutes a signifi cant part of postal services, – selected from the perspective of an enumerated catalogue of services as well as the conditions that it must meet.. In cases specified in the Postal Law Act, it is permissible to …

Proceeds From Fi Nes Regulated In The Act Of 23 November 2012 Postal Law – Financial And Legal Analysis Of Issues, Wojciech Bożek

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

Proceeds from fines regulated by the Act of 23 November 2012 Postal law constitute revenues of the state budget. The current situation in the public finance sector shows the importance of each source of public revenue in fi nancing public tasks. This prompts an in-depth analysis of fines regulated in the Law of 23 November 2012 Postal Law from a finalized point of view, that is, discussing the financial bases of these public levies, their importance, and their role in the public finance system. The main purpose of the penalties in question is their preventive impact on postal market operators, …

Report From The Academic Conference: Personal Data Protection In The Context Of Legal Changes – Take-Up The Challenges, Białystok, 17 May 2018, Anna Maria Fiedorowicz

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

No abstract provided.

The Justice Of Unequal Pay In The Ufc: An In-Depth Analysis Of The Fighters’ Antitrust Class Action Lawsuit Against The Ufc And The Misplaced Support Of The Proposed Muhammad Ali Expansion Act, Hunter Sundberg

Pace Intellectual Property, Sports & Entertainment Law Forum

In 2016, the Ultimate Fighting Championships (“UFC”) set the record for the largest sale in sports history. The UFC, the primary promotion company of the once fringe sport of mixed martial arts (“MMA”) had matured into a mammoth 4 billion dollar promotion, but not without some growing pains. The league is replete with controversy, mostly dealing with disgruntled athletes over compensation. Athletes of the UFC feel that they are being financially exploited and they may be correct. The athletes are choosing different routes to remedy their pay disparities but they are misguided.

The first course of action chosen by the …

The Lottery Docket, Daniel Epps, William Ortman

Law Faculty Research Publications

No abstract provided.

The Mystery Of Section 253(B), Matthew Gagnier

Marquette Intellectual Property Law Review

In 2014, Elon Musk, the renowned and socially-minded CEO of Tesla Motors, Inc., posted a blog on Tesla’s website that stated the company would be freeing up many of its patents involved in the creation of the company’s electric cars to any interested party. Yet again, Musk astounded the public by choosing the betterment of society over corporate profits—stirring up a more positive image than any other corporate personality. But there are numerous questions that Musk’s positive PR have drowned out: Where can you access the patents?; How did freeing up the patents get past the other executive officers and …

2017 Annual Survey: Recent Developments In Sports Law, Jordan Lysiak, Katherine Hampel

Marquette Sports Law Review

None

The Value Of Amateurism, Cody J. Mcdavis

Marquette Sports Law Review

None

Index: Sports Law In Law Reviews And Journals, Jordan Lysiak

Marquette Sports Law Review

None

Extraterritoriality Of Antitrust Law: Applying The Supreme Court's Analysis In Rjr Nabisco To Foreign Component Cartels, Megan L. Masingill

American University Law Review

No abstract provided.

Smart Machines And Smarter Policy: Foreign Investment Regulation, National Security, And Technology Transfer In The Age Of Artificial Intelligence, 51 J. Marshall L. Rev. 279 (2018), Justin Shields

UIC Law Review

No abstract provided.

Music Videos: The Gray Area In First Amendment Protected Speech And The Resulting Trademark Consequences, Lindsey Gold

Cardozo Law Review de•novo

This Note argues for a federal classification of music videos as noncommercial, artistic speech under the First Amendment. As an artistic expression of a singer, music videos are no longer the promotional mini-movies they once were; they are now utilized widely by artists to express their artistic preferences—including the communication of social, political, and cultural doctrine.

The Merger Incipiency Doctrine And The Importance Of "Redundant" Competitors, Peter C. Carstensen, Robert H. Lande

All Faculty Scholarship

The enforcers and the courts have not implemented the merger incipiency doctrine in the vigorous manner Congress intended. We believe one important reason for this failure is that, until now, the logic underlying this doctrine has never been explained. The purpose of this article is to demonstrate that markets’ need for “protective redundancy” explains the incipiency policy. We are writing this article in the hope that this will cause the enforcers and courts to implement significantly more stringent merger enforcement.

To vastly oversimplify, the current enforcement approach assumes that if N significant competitors are necessary for competition, N-1 competitors could …

A Solution In Search Of A Problem At The Biologics Frontier, Erika Lietzan

Faculty Publications

This short paper comments on Professor Carrier's new article, Biologics: The New Antitrust Frontier. His article makes a profound initial contribution to a new area of scholarship, based on a large body of prior work considering antitrust issues relating to small molecule drugs. But Professor Carrier’s article, like my own forthcoming piece on innovation and competition in the biologics marketplace, is inherently speculative. We are making our best judgments about the nature of a still emerging marketplace and likely conduct in that marketplace, based on our understandings of a new regulatory framework that is itself still emerging, the broader legal …

Biologics As The New Antitrust Frontier: Reflections, Riposte, And Recommendations, 2018 U. Ill. L. Rev. Online 209 (2018), Daryl Lim

UIC Law Open Access Faculty Scholarship

No abstract provided.

Sec Regulation Of Foreign-Domiciled Investment Advisers: A Study Of The Policy Vision Inspiring The Unibanco Letter, John H. Walsh

American University Business Law Review

No abstract provided.

The “Protection Of The Competitive Process” Standard, Tim Wu

Faculty Scholarship

The antitrust law should return to a standard more realistic and suited to the legal system – the “protection of the competitive process.” It posits a basic question for law enforcement and judges. Given complained-of conduct, is that conduct actually part of the competitive process, or is it a sufficient deviation as to be unlawful? In this view, antitrust law aims to create a body of common-law rules that punish and therefore deter such disruptions – hence “protecting the competitive process.”

The Erie/Sears/Compco Squeeze: Erie’S Effects On Unfair Competition And Trade Secret Law, Sharon Sandeen

Faculty Scholarship

On the occasion of the 80th anniversary of the Supreme Court's famous decision in Erie Railroad v. Tompkins, this article explores the consequences of that decision on the development of unfair competition law in the United States. It details efforts by lawyers and legislators to grapple with those consequences and provides an overview of the evolution of unfair competition law in the U.S. since Erie, with a particular focus on trade secret law.

#Lolnothingmatters, Chris Sagers

Law Faculty Articles and Essays

Institutions matter in antitrust, at least as much as ideas. Most antitrust arguments, and especially the contretemps currently enjoying some attention in the popular press, imagine that antitrust problems are short- or medium-term matters, and that they can be corrected with local doctrinal steps. I suggest there is a deeper problem, a phenomenon more deeply inherent in the nature of competition itself. The problem will cyclically recur, so long as institutional brakes are unavailable to keep it at bay. Specifically, it seems that competitive markets are difficult to preserve without some prospective, no-fault rule to control concentration for its own …

Is Mls Inherently Anticompetitive? The Strange Single-Entity Structure Of Major League Soccer In Order To Legitimize American Professional Soccer, Daniel S. Macmillan

Marquette Sports Law Review

None

Index: Sports Law In Law Reviews And Journals, Jordan Lysiak

Marquette Sports Law Review

None

Upon Further Review: Reconsidering Clarett And Player Access To The Nfl, Matthew Strauser

Marquette Sports Law Review

None

Reflections On Matsushita And Equilibrating Tendencies: Lessons For Competition Authorities, Stephen Calkins

Law Faculty Research Publications

No abstract provided.

Why Do Bad Antitrust Decisions Sometimes Make Good Law? The Alcoa And Brown Shoe Examples, C. Paul Rogers Iii

SMU Law Review

Do bad antitrust decisions, as based on their facts, sometimes make good law? That is, do wrongly decided antitrust cases, when considered on their merits, sometimes have a lasting impact on the law even though the decision by most accounts should simply be overruled? If so, why do cases in such disrepute on their merits have such staying power, particularly when so much early antitrust precedent is simply ignored today? The Author examines two cases, United States v. Aluminum Co. of America (Alcoa) and Brown Shoe Co. v. United States, as examples of this phenomenon.