Antitrust and Trade Regulation Commons^™

Similarities And Differences Of Post And Telecommunications Markets (From The Volume Editor), Mateusz Chołodecki

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

From the Volume Editor.

Regulation And Security Of The Energy Market (From The Volume Editors), Marzena Czarnecka, Marcin Kraśniewski

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

From the Volume Editors.

Entire Issue Vol. 8 No. 5

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

Vol. 8(5)

Institutional Framework Of Competition Law System (From The Volume Editors), Maciej Bernatt, Magdalena Gniadzik

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

From the volume editors.

Cars Honorary Award For Professor Andrzej Wróbel, Tadeusz Skoczny

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

CARS Honorary Award

Entire Issue Vol. 8 No. 7

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

Vol. 8(7)

About Consumer Protection On The Market A Few Words (From The Volume Editors), Edyta Rutkowska-Tomaszewska

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

From the volume editors

The New Social Contracts In International Supply Chains, David Snyder

Scholarly Articles in Law Reviews & Journals

This Article considers, from legal, practical, moral, and policy perspectives, Model Contract Clauses (MCCs) to protect the human rights of workers in international supply chains. The product of the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts, the MCCs are an effort to provide companies with carefully researched and well-drafted clauses to incorporate human rights policies into supply contracts (purchase orders, master vendor agreements, and the like). The Article discusses the impetus, goals, and strategies of the MCCs and explains the paradigm of the corporate, operational, and political landscape for which they are …

Five Principles For Vertical Merger Enforcement Policy, Jonathan Baker, Steven Salop, Fiona M. Scott Morton, Nancy Rose

Scholarly Articles in Law Reviews & Journals

There seems to be consensus that the Department of Justice’s 1984 Vertical Merger Guidelines do not reflect either modern theoretical and empirical economic analysis or current agency enforcement policy. Yet widely divergent views of preferred enforcement policies have been expressed among agency enforcers and commentators. Based on our review of the relevant economic literature and our experience analyzing vertical mergers, we recommend that the enforcement agencies adopt five principles: (i) The agencies should consider and investigate the full range of potential anticompetitive harms when evaluating vertical mergers; (ii) The agencies should decline to presume that vertical mergers benefit competition on …

Foreword (From The Volume Editor), Mariusz Szyrski

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

from the Volume Editor

Report On The Second Congress Of Local Energetics, Mariusz Szyrski

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

Congress of January 21, 2019.

Entire Issue Vol. 8 No. 1

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

Vol. 8(1)

Entire Issue Vol. 8 No. 2

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

Vol. 8(2)

M. Chołodecki, A. Piszcz, T. Skoczny (Red.), Prawo Pocztowe. Komentarz [Comentary To The Postal Law] Wydawnictwo C.H. Beck, Warszawa 2018, Ss. 1057, Stanisław Piątek

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

Book editors: M. Chołodecki, A. Piszcz & T. Skoczny

Will We Face Changes Of Approaches To Vertical Restraints (From The Volume Editor)

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

From the Volume Editor.

Entire Issue Vol. 8 No. 4

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

Vol. 8(4)

Entire Issue Vol. 8 No. 6

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

Vol. 8(6)

About The Law On Bonds And Its Amendments (From The Volume Editors), Angelina Stokłosa, Szymon Syp

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

From the volume editors.

Passenger Platforms As A Part Of The Railway Infrastructure. Cjeu Judgment Of 10 July 2019 In Case C-210/18 Westbahn Management Gmbh V Öbb-Infrastruktur Ag, Iwona Miedzińska

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

The purpose of this article is to discuss the judgment of the CJEU of 10 July 2019 in case C-210/18 WESTbahn Management GmbH. In this judgment, the Court stated that the passenger platforms referred to in Annex I to Directive 2012/34/EU of the European Parliament and of the Council establishing a single European railway area (recast) are part of the railway infrastructure, and therefore their use is included in the minimum access package. The classification of a platform infrastructure as part of the railway infrastructure or service infrastructure facility is important in the context of the principles of charging rail …

Digital Platforms And Antitrust Law, Keith N. Hylton

Faculty Scholarship

This Article is about "big data" and antitrust law. Big data, for my purposes, refers to digital platforms that enable the discovery and sharing of information by consumers, and the harvesting and analysis of consumer data by the platform. The obvious example of such a platform is Google. The big platforms owe their market dominance not to anticompetitive conduct, but to economies of scale. This Article discusses three types of anticompetitive conduct associated with digital platforms: kill zone expropriation, acquisition of nascent rivals, and denial of access to data. There is nothing so unusual about digital platforms that would require …

Privacy's Law Of Design, Ari Ezra Waldman

Articles & Chapters

Privacy by design is about making privacy part of the conception and development of new data collection tools. But how should we interpret “privacy by design” as a legal mandate? As it transitions from an academic buzzword into binding law, privacy by design will, for the first time, impose real responsibilities on real people to do specific things at specific times. And yet, there remains significant disagreement about what privacy by design actually means in practice: we have yet to define its who, what, when, why, and how. Different approaches to privacy by design have tried to answer those questions …

The Separation Of Platforms And Commerce, Lina M. Khan

Faculty Scholarship

A handful of digital platforms mediate a growing share of online commerce and communications. By structuring access to markets, these firms function as gatekeepers for billions of dollars in economic activity. One feature dominant digital platforms share is that they have inte­grated across business lines such that they both operate a platform and market their own goods and services on it. This structure places domi­nant platforms in direct competition with some of the businesses that de­pend on them, creating a conflict of interest that platforms can exploit to further entrench their dominance, thwart competition, and stifle innovation.

This Article argues …

Competition Enforcement, Trade And Global Governance: A Few Comments, Petros C. Mavroidis, Damien J. Neven

Faculty Scholarship

The debate on international antitrust has come from two perspectives. On the one hand, the trade community has emphasised the interface between trade policy and competition (policy and) enforcement. This interface, which was recognised from the outset of multilateral efforts to liberalise trade in what would become the GATT and eventually the WTO, focuses on the prospect that trade liberalisation through border instruments should not be undone by restrictive business practices (RBPs), placing a particular responsibility in this respect on competition enforcement. On the other hand, the antitrust community has emphasised the risk of inefficient enforcement when several jurisdictions can …

Comment On Daniel A. Crane: A Premature Postmortem On The Chicago School Of Antitrust, Lina M. Khan

Faculty Scholarship

A central question raised by the recent surge of neo-Brandeisian scholarship and advocacy is whether the nascent movement will deliver any form of lasting change to antitrust. In his essay for this issue of Business History Review, Daniel Crane is doubtful. He argues that critiques of the Chicago School are often simplistic and misunderstand its legacy, which includes institutionalizing economic theory in antitrust analysis in ways that even its post-Chicago critics absorbed and built on. The “consumer welfare” standard, Crane notes, still draws wide support across the ideological spectrum and may be capacious enough to accommodate a variety of approaches …

Blind Spot: The Attention Economy And The Law, Tim Wu

Faculty Scholarship

Human attention, valuable and limited in supply, is a resource. It has become commonplace, especially in the media and technology industries, to speak of an "attention economy" and of competition in "attention markets.” There is even an attentional currency, the "basic attention token," which purports to serve as a medium of exchange for user attention. Firms like Facebook and Google, which have emerged as two of the most important firms in the global economy, depend nearly exclusively on attention markets as a business model.

Yet despite the well-recognized commercial importance of attention markets, antitrust and consumer protection authorities have struggled …

The Ncaa On Notice: How Utilizing Principles Of Federalism Could Relieve Antitrust Pressure, Grant Newton

Vanderbilt Journal of Entertainment & Technology Law

The National Collegiate Athletic Association (NCAA) was founded to protect athletes from injury and to provide an avenue for the pursuit of sport alongside the pursuit of education. The NCAA maintains that accomplishing each of those goals requires the preservation of amateurism through a cap on the amount of funds universities may disburse to athletes. Historically, value judgments saved the NCAA from antitrust challenges because courts found that the NCAA's rules furthered the organization's purpose. As antitrust law has developed over the past fifty years, however, courts have become increasingly determined to avoid value judgments in antitrust challenges. Thus, it …

Infracompetitive Privacy, Greg Day, Abbey R. Stemler

Scholarly Works

One of the chief anticompetitive effects of modern business lies in antitrust’s blind spot. Platform-based companies (“platforms”) have innovated a business model whereby they offer consumers “free" and low-priced services in exchange for their personal information. With this data, platforms can design products, target consumers, and sell such information to third parties. The problem is that platforms can inflict greater costs on users and markets in the form of lost privacy than efficiencies generated from their low prices. Consumers, as examples, spend billions of dollars annually to remedy privacy breaches and, alarmingly, participate unwittingly in experiments designed to manipulate their …

Worldwide Frand Licensing Standard, Garry A. Gabison

American University Business Law Review

No abstract provided.

Books And Olive Oil: Why Antitrust Must Deal With Consolidated Corporate Power, Carl Bogus

Law Faculty Scholarship

No abstract provided.

In Re Lipitor Antitrust Litigation: The Third Circuit's Prescription For Judicial Reviewability Of Reverse Payment Settlements, John Miraglia

Villanova Law Review (1956 - )

No abstract provided.