Antitrust and Trade Regulation Commons^™

Passenger Tariffs In Regional Railway Transportation In Poland: Status Quo, Implications For Passengers, Proposals Of Changes, Przemysław Kowalik

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

Regional railway transportation in Poland in the second decade of the 21st century is characterized by a remarkable complexity of tariff solutions. This is primarily caused by the existence of many train operators with their own tariff systems as well as ‘territorially restricted’ tariffs applied by one or more operators. The above status quo may greatly affect the decisions of passengers regarding their railway journeys. The first issue connected with those decisions results from the often complicated rules of cross-operator ticket acceptance (unilateral, bilateral, sale channeldependent, none). Another issue lies in perceived discrimination in access to tariff information and sale …

Satisfaction Of Users Of Railway Stations – Research Perspective, Mirosław Antonowicz, Monika Kicińska-Jezierska, Patrycja Lejk

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

In this article the Authors present the issue of social research as an example of processes which make it possible to measure standards based on both internal and external regulations. Knowledge accumulation following recurrent or complementary research allows an organisation to take an advisory role during legislative processes on various levels. The Authors indicate critical stages of the research methodology forming, and describe examples of satisfaction tracking and mystery shopper research which play a central role for competitiveness on contemporary markets.

Drones – Future Of Aviation And Legislative Challenge. Some Remarks On New Eu Legislation Concerning Unmanned Aircrafts, Mateusz Osiecki

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

The dynamic development of civil aviation in recent years is symbolised by the growing popularity of unmanned aircrafts commonly known as ‘drones’. A sudden increase of interest in these devices, also among European Union citizens, became a trigger for the introduction of safety regulations concerning the design, production, maintenance and operations of drones. After long debates and preparations, the European Parliament and the Council have finally adopted a relevant legal act, namely Regulation 2018/1139 of 4th July 2018 that entered into force on 11th September 2018. This article is an attempt to assess the new legal measures against the needs …

Choice Of Law For Contracts Of Carriage Of Passengers In Rail And Air Transport, Sławomira Lerman

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

This paper analyses the choice of law rules for contracts of carriage of passengers under Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). While the Rome Convention did not contain any special rules for such contracts, the Rome I Regulation adopts a restricted form of party autonomy for the carriage of passengers. The parties are restricted to choosing between the country of the passenger’s habitual residence, the carrier’s habitual residence, the carrier’s place of central administration, the place of departure or the place …

Grounds For Liability Of A Railway Undertaking For Bodily Injury, Disturbance Of Health Or Death Of Passengers, Daniel Dąbrowski

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

The liability of a railway undertaking for bodily injury, disturbance of health or death of a passenger is currently regulated in several legal acts. The EU Regulation 1371/2007 is of fundamental importance here and applies to most domestic rail passenger services as well as the international carriage of passengers if performed between the countries of the European Union. However, it applies only to services operated by carriers licensed in accordance with the provisions of EU law. Its application is questionable when the contract of carriage has been subject to the law of a third country (which is not a member …

Civil Liability (Contractual And Tort) Of Railway Carriers In The Light Of The Experiences Of The Rail Passenger Rights Ombudsman, Marcin Radwański

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

The Rail Passenger Rights Ombudsman is competent to conduct out-of-court resolution of disputes between entrepreneurs operating on the railway market and passengers. The aim of the article is to present the legal aspects of contractual and tort liability regarding the issues that have been resolved by the Rail Passenger Rights Ombudsman.

Conditions Of Competition Between Taxis And Uber, Michał Beim

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

Technological development leads to the blurring of divisions between traditional forms of transport, creating opportunities for the development of new services. The start of Uber services is one of the examples of the use of ICT technologies and the implementation of the principles of the sharing economy. For public opinion, Uber services have been recognized as a direct competitor for taxis. Although the legal conditions favor taxis in urban traffic, the technological solutions have enabled Uber to build a competitive advantage. Legal frameworks, if a given country has not equated Uber with taxis, may be a factor increasing the competitiveness …

The Legal Instruments Stimulating The Development Of Electromobility And The Infrastructure Of Alternative Fuels, Arnold Rabiega

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

This article provides a synthesis and evaluation of the most important legal tools which stimulate the development of alternatives fuels infrastructure. The Author analyses legal acts which support the development of the alternative fuel based transportation sector, with particular emphasis on the new electromobility and alternative fuels law and the bio-components and liquid bio-fuels law. The analysis revealed regulations which still hold back the promotion of electromobility and alternative fuels. In the Author’s opinion, applied legal solutions eliminate the most potent barriers to the development of this new sector, although they still seem insufficient with regards to the goal set …

Recast Of Regulation (Ec) 1371/2007 On Rail Passengers’ Rights And Obligations – Review Of The Most Important Proposed Amendments, Ignacy Góra, Karol Kłosowski

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

This article covers the proposed changes to the key legal act on the protection of rail passenger rights in the European Union – Regulation (EC) 1371/2007 of the European Parliament and of the Council on rail passengers’ rights and obligations. In 2017, the European Commission initiated a legislative process aimed at adapting the provisions of this Regulation to current economic, social and legal realities. The aim of this article is to summarize the most important changes planned in the area of the responsibility of railway undertakings, the rights of persons with disabilities, the scope of application of the provisions of …

The Ivth Railway Package – New Important Implementing Regulations Of The European Commission, Michał Zięba

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

The article presents selected aspects related to the application of the technical pillar of the fourth railway package. These aspects are precisely stipulated in the two implementing regulations of the European Commission issued on the basis of Directive 2016/798 on railway safety and Directive 2016/797 on the interoperability of the rail system. The article presents the outline of the rules related to the use of the application of the One Stop Shop, the scope of the application of a single safety certificate, language issues of the application and documentation submitted to the NSA or EUAR, as well as deadlines for …

Mirosław Pawełczyk (Ed.), Rynek Kolejowy. Współczesne Prawne I Sektorowe Uwarunkowania Ochrony Konkurencji I Konsumenta (The Railway Sector. Contemporary Legal And Sectorial Conditions Of Competition And Consumers Protection), Wydawnictwo Ius Publicum, Warszawa 2018, Pp. 394, Filip Elżanowski

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

No abstract provided.

Report From The Conference The Consumer On The Market For Rail Passenger Transport Services, Łódź, 9 May 2018, Marcin Kraśniewski, Wojciech Modzelewski, Michał Pytkowski

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

No abstract provided.

Calm Down About Common Ownership, Thom Lambert, Michael E. Sykuta

Faculty Publications

Proponents of additional antitrust intervention to police common ownership simply have not made their case. Their theory as to why current levels of intra-industry diversification would cause consumer harm is implausible and the empirical evidence they say demonstrates such harm is both scant and methodologically suspect. The policy solutions they have proposed for dealing with the purported problem would radically rework an industry that has provided substantial benefits to investors, raising the costs of portfolio diversification and enhancing agency costs at public companies. Courts and antitrust enforcers should reject their calls for additional antitrust intervention to police common ownership.

Hindsight Bias In Antitrust Law, Christopher R. Leslie

Vanderbilt Law Review

The modern field of study into hindsight bias was launched by Baruch Fischhoff. Fischhoff provided his research subjects with a primer on the 1810s conflict between British forces and Nepalese Gurkhas near Northern India. He suggested four possible outcomes: British victory, Gurkha victory, a peace settlement, and a military stalemate with no peace settlement. The subjects were then divided into five groups. One group was given no information about the ultimate outcome of the conflict. Subjects in each of the remaining four groups were told that one of the four outcomes had, in fact, occurred. The subjects were then asked …

The Duality Of Provider And Payer In The Current Healthcare Landscape And Related Antitrust Implications, Julia Kapchinskiy

San Diego Law Review

Health care landscape has changed with the introduction of the ACA and will keep changing due to the proposed repeal. The only constant is the desire of health plans and providers to maximize profits and minimize costs, which is attainable through consolidation. This Comment advocates a revision of the existing antitrust guidelines that would (1) recognize unique nature of health care market, (2) be independent from the current or proposed legislation to the maximum possible extent, and (3) reflect the insurer-provider duality, which heavily influences the quality and accessibility of the healthcare for the consumer.

The At&T/Time Warner Merger: How Judge Leon Garbled Professor Nash, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

The US District Court in the AT&T/Time Warner vertical merger case has issued its opinion permitting the merger. At of this writing in August 2018, the Department of Justice (DOJ) has appealed to the DC Circuit and filed its brief, as have several Amici. I was disappointed that the DOJ was unable to prove its case to the satisfaction of Judge Leon, the trial judge. Notwithstanding the court’s confidence that the merger is procompetitive, I remain concerned that it will have anti- competitive effects, both on its own and following the subsequent vertical mergers in the TV industry, which this …

Antitrust's Unconventional Politics, Daniel A. Crane

Articles

Antitrust law stands at its most fluid and negotiable moment in a generation. The bipartisan consensus that antitrust should solely focus on economic efficiency and consumer welfare has quite suddenly come under attack from prominent voices calling for a dramatically enhanced role for antitrust law in mediating a variety of social, economic, and political friction points, including employment, wealth inequality, data privacy and security, and democratic values. To the bewilderment of many observers, the ascendant pressures for antitrust reforms are flowing from both wings of the political spectrum, throwing into confusion a conventional understanding that pro-antitrust sentiment tacked left and …

An Antitrust Approach To Corporate Free Exercise Claims, Ronald J. Colombo

St. John's Law Review

(Excerpt)

This Article suggests that antitrust law’s concept of market power could similarly be employed in balancing the free exercise rights of a corporation or any for-profit business venture against the rights of individuals. When a business enterprise seeks a religious liberty exemption from a rights-granting law, a major factor in assessing its claim should be the degree to which it wields market power in the relevant market. If the business is a monopolist, and, a fortiori, wielding tremendous market power, its claim for a free exercise exemption should probably fail. If, conversely, the business is but a minor marketplace …

Review Of The Decisions Of The President Of The Offi Ce Of Competition And Consumer Protection Regarding Infringements Of Collective Consumer Interests On The Financial Services Market In 2017, Aleksandra Drożdż

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

This review presents the latest decisions of the President of the Office of Competition and Consumer Protection regarding infringements of collective consumer interests on the financial services market. It describes the often-used practices of financial institutions, which have been recognized by the President of the Office of Competition and Consumer Protection as violating these interests.

Mens Rea As The Requirement Of Unfairness Of A Commercial Practice. Comment To The Judgment Of The Warsaw Court Of Appeals Of 8 March 2018, Vii Aga 1356/18, Wojciech Janik

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

In this article the author analyzes the judgment of the Warsaw Court of Appeals delivered on 8 March 2018 (VII AGa 1356/18) focusing on the principle of guilt, as the legal requirement of unfairness of a commercial practice. The court’s decision may be of great signifi cance as far as the enforcement of Directive 2005/29/EC is concerned, as it restates the traditional approach to unfair commercial practices, which regarded them as strict liability offences. The author is trying to establish whether imposing on consumers an obligation to provide evidence of a wrong intention, on the part of the professional, guarantees …

Consumer Protection Against Unfair Commercial Practices In The Light Of The Request For A Preliminary Ruling From The Supreme Court (Poland) – Case C-628/17 Orange Polska S.A., Katarzyna Lis-Zarrias

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

In September of 2017, the Polish Supreme Court requested a preliminary ruling from the CJEU on the interpretation of Article 8, in conjunction with Articles 9 and 2(j), of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (case number: C – 628/17 Orange Polska S.A.). In the context of the questions referred to the CJEU, this article aims to draw attention to the importance of the circumstances of a given case, which have impact on the decision of a national court deciding on the character …

Report On The Conference ‘Intellectual Property Law – Competition – New Technologies’, Warszawa, 24.04.2018, Adrianna Michałowicz, Agata Sobusiak

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

No abstract provided.

Report On The Symposium ‘25 Years Of The Act On Combating Unfair Competition’, Łódź, 16.03.2018, Agata Sobusiak, Alicja Tarkowska

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

No abstract provided.

Digital Content Under European And Polish Law, Elwira Macierzyńska-Franaszczyk

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

This paper deals with the issue of defi ning digital content in existing as well as planned European and national legislation. The term ‘digital content’ was defi ned for the fi rst time in EU law in Article 2 point 11 of Directive 2011/83/EU as ‘data which are produced and supplied in digital form’ – this defi nition corresponded to the postulate of technological neutrality. Similarly, a broad approach to digital content has been adopted under the Common European Sales Law (CESL). The scope of ‘digital content’ is adjusted in some legal defi nitions to the needs of a given …

Has The Us Economy Become More Concentrated And Less Competitive: A Review Of The Data, Jonathan Baker, Steven Berry, Fiona Scott Morton, Joshua Wright, Gregory Werden

Legislative Testimony & Comments

FTC Chairman Joe Simons presented opening remarks, followed by a day of discussion by a distinguished set of panelists who discussed the following topics (some of which will be discussed on the rescheduled date):

• the current landscape of competition and consumer protection law and policy;
• whether the U.S. economy has become more concentrated and less competitive;
• the regulation of consumer data;
• antitrust law and the consumer welfare standard; and
• the analysis of vertical mergers.

Personal Bankruptcy In Polish Insolvency Law And The Practice Of Forum Shopping From The Perspective Of German-Polish Economic Relations, Artur Tim

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

The Author drafts Polish and German regulations on personal bankruptcy, the issue of trans-boundary insolvency law in the European Union (including the defi nition of the Centre of Main Interests, that is COMI, and the elements of its defi nition in case of trans-boundary personal bankruptcy proceedings), having regard to Polish-German relations and the legislation of both jurisdictions. The paper presents also the practice of forum shopping and the methods, which were established in EU insolvency law, to counteract this phenomenon. The Author proposes the thesis that not only can certain institutions of Polish personal bankruptcy law be attractive to …

The Principles Of Debt Restructuring Based On The Provisions Of The Law On Mortgage Loans And On The Supervision Of Mortgage Brokers And Agents, Bartosz Wyżykowski

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

The purpose of this article is to discuss the provisions of the new Law on Mortgage Loans and on the Supervision of Mortgage Brokers and Agents, regulating the principles of debt restructuring. Under strictly defi ned circumstances, the creditor is obliged to inform a consumer about the possibility of submitting a request for the restructuring of his debt. If such a request is submitted, and if the fi nancial situation of the given consumer justifi es it, the parties should make efforts in order to restructure the debt of the consumer; otherwise, the creditor is obliged to explain in detail …

Future Of The Consumer Ombudsmen. Remarks For The 20th Anniversary Of The Institution, Maciej Czapliński, Aleksandra Kapnik

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

The approaching 20th anniversary of the creation of a consumer ombudsman is an opportunity to summarize the legal bases and factual conditions for the functioning of ombudsmen in Poland and to ask about the future of this institution. Apart from a few cases, their competences are often unused in practice, primarily because of the lack of independence of the ombudsmen within the administrative structure of a district as well as inadequate funding of their activities. Individual elements of the consumer protection system, such as consumer ombudsmen, non-governmental organizations and ADR entities, do not cooperate with each other, do not exchange …

Individual Protection Of Consumers In The Act On Counteracting Unfair Market Practices And The ‘New Deal For Consumers’, Katarzyna Południak-Gierz

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

Although Directive 2005/29/EC does not provide tools for individual consumer protection, the Polish legislator decided to introduce some, as part of the implementation process, in Article 12 of the Act on Counteracting Unfair Market Practices. Currently, as part of the ‘New Deal for Consumers’ initiative, the EU legislator is also considering a revision of the Unfair Market Practices Directive by imposing on national legislators an obligation to provide consumers with instruments of individual civil law protection, including at least the right to unilaterally terminate the contract and the right to claim damages. The study focuses on the main doubts as …

Public Compensation And Other Measures To Remove The Continuing Effects Of An Infringement Of Collective Consumer Interests, Małgorzata Sieradzka

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

The analysis of decisions issued in cases of practices violating collective consumer interests makes it possible to conclude that the President of the Offi ce of Competition and Consumer Protection (UOKIK) is increasingly ‘using’ means which are not typical repressive instruments within the meaning of public competition law. Public compensation allows the competition authority to order or oblige the offending entrepreneur to take specifi c (marked) actions towards consumers. These may take the form of a material or intangible benefi t. Public compensation is intended to remove the continuing effects of an infringement of collective consumer interests. This measure must …