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Antitrust and Trade Regulation Commons™
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Articles 1 - 30 of 62
Full-Text Articles in Antitrust and Trade Regulation
Prawo Klimatyczne I Jego Nowe Instrumenty Oddziaływania Na Gospodarkę, Tomasz Bojar-Fijałkowski
Prawo Klimatyczne I Jego Nowe Instrumenty Oddziaływania Na Gospodarkę, Tomasz Bojar-Fijałkowski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The European Union has set ambitious environmental climate targets for itself, and thus for its Member States and businesses operating within it. Their implementation requires significant changes in the EU economy. The rapidly developing climate law brings with it new public law instruments to influence entrepreneurs and the economy overall. This article is devoted to an analysis of the evolution of climate law and aims to identify the directions of the development of EU regulation in this area. The objective of the author is to systematise concepts relevant to the legal side of the climate discourse. After characterising the European …
Louboutin Lawfare: Exploring Conceptions Of Sanctions' Utility Through Export Controls On Luxury Goods, Vinita R. Singh
Louboutin Lawfare: Exploring Conceptions Of Sanctions' Utility Through Export Controls On Luxury Goods, Vinita R. Singh
Northwestern University Law Review
There is widespread consensus amongst scholars that sanctions—the deliberate withdrawal of customary trade and financial relations—do not work. Despite this perception, states are deploying sanctions at an increasing rate. This Article explains this paradox by arguing the predominant notion of sanctions’ utility employed by scholars is unduly constrained, narrowly focusing on the ability of such measures to modify the behavior of sanctioned parties while disregarding the alternative benefits this instrument can deliver. To support this argument, this Article uses export controls on luxury goods deployed in connection with the Russo–Ukraine War as a case study. Under prevailing perceptions of sanctions’ …
Strategic Esg Challenge For The Power Industry, Dariusz Michalski, Karol Borkowski, Daniel Borkowski
Strategic Esg Challenge For The Power Industry, Dariusz Michalski, Karol Borkowski, Daniel Borkowski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The purpose of the article is to identify necessary changes in the business strategy of power companies, responding to the challenges of sustainable development. This topic is extremely important for filling the existing gap in research and in the literature in management science. It is also of great relevance for the practical aspects of the operation of power companies in today’s context, where they face increasing pressure to integrate environmental, social and governance (ESG, Environment, Social, Govermance) issues into their business strategy. Hence, the article aims to present the challenges and opportunities associated with integrating sustainability into the strategies of …
The Crypto Revolution: A Comparative Analysis Of Crypto Regulation In The United States And The European Union, Joseph Galasso
The Crypto Revolution: A Comparative Analysis Of Crypto Regulation In The United States And The European Union, Joseph Galasso
Touro Law Review
Cryptocurrency is something that many people have heard of, but few truly understand the totality of it. From its emergence to the present form, cryptocurrency has become an innovative technology which has changed the way in which we use money. As seen time and time again, where there comes new technology comes governmental authorities introducing new laws to regulate these emerging industries. The aim of these laws and regulations is to protect consumers, but it is imperative not to overregulate the industry. The goal of regulation is to allow consumers to enjoy the benefits of the industry; however, one cannot …
The False Choice Between Digital Regulation And Innovation, Anu Bradford
The False Choice Between Digital Regulation And Innovation, Anu Bradford
Northwestern University Law Review
This Article challenges the common view that more stringent regulation of the digital economy inevitably compromises innovation and undermines technological progress. This view, vigorously advocated by the tech industry, has shaped the public discourse in the United States, where the country’s thriving tech economy is often associated with a staunch commitment to free markets. U.S. lawmakers have also traditionally embraced this perspective, which explains their hesitancy to regulate the tech industry to date. The European Union has chosen another path, regulating the digital economy with stringent data privacy, antitrust, content moderation, and other digital regulations designed to shape the evolution …
Public Value And The Compatibility Of State Aid To Public Service Broadcasters – The Hot Potato For The European Commission, Dionysios Pelekis, Małgorzata Kozak
Public Value And The Compatibility Of State Aid To Public Service Broadcasters – The Hot Potato For The European Commission, Dionysios Pelekis, Małgorzata Kozak
Yearbook of Antitrust and Regulatory Studies
This article explores the legal regime governing Public Service Broadcasters (PSBs), and the competences of the EU in regulating and overseeing them, from the perspective of State aid law and their compatibility with the internal market. First, the components of the legal framework are identified and analysed. Additionally, a substantive public value test is proposed and introduced, building on the available literature, decisional practice, and incorporating a legal construction of pluralism, derived from the available case law. Subsequently, the compatibility regime for PSBs is examined. The specific regime applicable to PSBs, and its constituent elements, are analysed, followed by an …
Pooling And Exchanging Competitively Sensitive Information Among Rivals: Absolutely Illegal Not Just Unreasonable, Peter C. Carstensen, Annkathrin Marschall
Pooling And Exchanging Competitively Sensitive Information Among Rivals: Absolutely Illegal Not Just Unreasonable, Peter C. Carstensen, Annkathrin Marschall
University of Cincinnati Law Review
An agreement to exchange competitive sensitive information among rivalrous competitors usually results from an intent to inhibit or restrict the discretion of those firms to engage in competition. Basic economic logic about competition leads to that conclusion. Hence, such an exchange is in itself a naked agreement in restraint of trade without legal justification. Currently, case law requires a more convoluted and irrelevant inquiry into market definition and market power before a court can condemn such agreements. This is the result of ambiguous Supreme Court decisions as well as the recognition that in a few instances there are plausible arguments …
Horizontal Price Exchanges, Joseph E. Harrington Jr., Christopher R. Leslie
Horizontal Price Exchanges, Joseph E. Harrington Jr., Christopher R. Leslie
Cardozo Law Review
The private exchange of prices by competitors has long been a source of anticompetitive concern. Based on claims of possible procompetitive effects, the Supreme Court decided that antitrust challenges to these exchanges should be evaluated under the rule of reason. In reviewing the jurisprudence applying the rule of reason approach to horizontal price exchanges, we find it suspect as it is long on claims of procompetitive benefits but short on economic theory and evidence substantiating those claims. To fill this gap, this Article injects economic reasoning into the judicial discussion. While our analysis identifies several reasons for these exchanges to …
Green Bonds As Debt Securities To Finance Investments In The Age Of Energy Transition, Aleksandra Pęksyk
Green Bonds As Debt Securities To Finance Investments In The Age Of Energy Transition, Aleksandra Pęksyk
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The purpose of this article is to discuss the origins and legal status of Green Bonds, as well as to identify barriers and prospects for the development of this type of securities in Poland. The analysis is based on Polish and EU legal regulations as well as EU legislative plans regarding the standard of European Green Bonds, and also with regard to the existing policies in the field of the ongoing energy transition.
Pre-Contractual Information Obligations In The New Draft Consumer Credit Directive In The Light Of Existing Eu Regulations, Piotr Gałązka
Pre-Contractual Information Obligations In The New Draft Consumer Credit Directive In The Light Of Existing Eu Regulations, Piotr Gałązka
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The European Commission, responding to calls for amendments, presented in June 2021 the Draft of a new Consumer Credit Directive. One of the issues that was announced as part of the amendment process was the issue of pre-contractual consumer information provided by the creditor. The article analyses the content of the Draft with respect of pre-contractual consumer information, comparing the proposed provisions with existing ones, assessing them in terms of validity and effectiveness in achieving the objectives of the new Draft Directive and the earlier announcements of the European Commission as a drafter.
Regulating Antitrust Through Trade Agreements, Anu Bradford, Adam S. Chilton
Regulating Antitrust Through Trade Agreements, Anu Bradford, Adam S. Chilton
Faculty Scholarship
Antitrust law is one of the most commonly deployed instruments of economic regulation around the world. To date, over 130 countries have adopted a domestic antitrust law. These countries comprise developed and developing nations alike, and combined produce over 95 percent of the world’s GDP. Most of the countries that have adopted an antitrust law have done so since 1990. This period of significant proliferation of antitrust laws also coincides with a notable expansion of international trade agreements, including the creation of the World Trade Organization (WTO) in 1995 and the negotiation of numerous bilateral and multilateral trade agreements. These …
Ride-Hailing Drivers As Autonomous Independent Contractors: Let Them Bargain!, Ronald C. Brown
Ride-Hailing Drivers As Autonomous Independent Contractors: Let Them Bargain!, Ronald C. Brown
Washington International Law Journal
“Autonomous” workers include most gig-platform drivers, like those working globally for Uber and Lyft, who are usually classified as independent contractors and are ineligible for labor protections and benefits. The “new economy” and its business model, with its fissurization and increased use of contingent and outsourced workers hired as independent contractors, provide employers flexibility and lower costs by shifting labor costs to the workers. Many of these workers operate more as employees rather than genuine independent contractors or self-employed entrepreneurs, causing lost employee labor benefits and costing the government billions of lost tax dollars. Legal attempts continue to classify these …
Gulf Airline Subsidization: Should The European Union And The United States Collaborate To Combat This Alleged Threat?, Savannah H. Moon
Gulf Airline Subsidization: Should The European Union And The United States Collaborate To Combat This Alleged Threat?, Savannah H. Moon
Georgia Journal of International & Comparative Law
No abstract provided.
The Eu Geo-Blocking Regulation: Much Ado About Little?, Laura Zoboli
The Eu Geo-Blocking Regulation: Much Ado About Little?, Laura Zoboli
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Geo-blocking can be defined as a digital instrument aimed at segmenting the purchase of applications online, on the basis of the nationality, place of residence or place of establishment of customers. The scope of the article is – first – to frame the geo-blocking phenomenon within the activity of the European Commission – starting from the digital single market strategy and then focusing on the data collected within the sector inquiry into e-commerce. Second, the article will discuss Regulation (EU) 2018/302, which entered into force last 22 March 2018 and applies from 3 December 2018. In particular, the article deals …
Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The Global Dominance Of European Competition Law Over American Antitrust Law, Anu Bradford, Adam S. Chilton, Katerina Linos, Alex Weaver
The Global Dominance Of European Competition Law Over American Antitrust Law, Anu Bradford, Adam S. Chilton, Katerina Linos, Alex Weaver
Faculty Scholarship
The world’s biggest consumer markets – the European Union and the United States – have adopted different approaches to regulating competition. This has not only put the EU and US at odds in high-profile investigations of anticompetitive conduct, but also made them race to spread their regulatory models. Using a novel dataset of competition statutes, we investigate this race to influence the world’s regulatory landscape and find that the EU’s competition laws have been more widely emulated than the US’s competition laws. We then argue that both “push” and “pull” factors explain the appeal of the EU’s competition regime: the …
Recast Of Regulation (Ec) 1371/2007 On Rail Passengers’ Rights And Obligations – Review Of The Most Important Proposed Amendments, Ignacy Góra, Karol Kłosowski
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 …
Drones – Future Of Aviation And Legislative Challenge. Some Remarks On New Eu Legislation Concerning Unmanned Aircrafts, Mateusz Osiecki
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 …
Dual Quality Standards For Branded Products In The Eu – In Search Of Solutions, Anna Mokrysz-Olszyńska
Dual Quality Standards For Branded Products In The Eu – In Search Of Solutions, Anna Mokrysz-Olszyńska
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The issue of ‘dual quality food’ was publicized in 2015 by the Czech Republic and subsequently taken up by the Visegrad Group and the EU forum. It exemplifies the wider problem of the undesirable phenomena present on the EU market of dual standards of branded products. The European Commission has published a set of guidelines on the application of current EU food law and consumer protection law against unfair market practices (Notice of 26 September 2017) to help national authorities determine whether a company violates EU law by selling dual quality products in different Member States. The aim of this …
Models Of Competition Regulation And Interantional Law Forms Of Implementing Competiiton Policy, Kseniia Smyrnova
Models Of Competition Regulation And Interantional Law Forms Of Implementing Competiiton Policy, Kseniia Smyrnova
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The basics of Keynesian Economics and ordoliberalism have been implemented in national legislations. On the basis of a comparative analysis, it is possible to differentiate two models of competition law regulation – the American and the European model. The difference between these two models results from divergent understandings of the content and goals of competition law regulations. While American legislation aims to protect the economy as a whole, European enforcement practice shows that its main goals are to protect social rights in the context of the Internal Market. The article shows the tendency to converge of national legal conditions of …
Beyond Trade Deals: Charting A Post-Brexit Course For Uk Investment Treaties, Lise Johnson, Lorenzo Cotula
Beyond Trade Deals: Charting A Post-Brexit Course For Uk Investment Treaties, Lise Johnson, Lorenzo Cotula
Columbia Center on Sustainable Investment Staff Publications
The Brexit referendum has raised questions about the future terms of the United Kingdom’s engagement with the world economy. While a debate over the UK’s future approach to trade deals has already begun, a similar discussion has yet to develop on the treaties that govern foreign investment. As this briefing note by Lorenzo Cotula of the International Institute for Environment and Development, and Lise Johnson of CCSI highlights, the stakes are high: ill-designed treaties could leave the UK excessively exposed to legal claims by foreign companies and could fail to address relevant economic, social and environmental challenges. While meaningful negotiations …
Economic Law, Inequality, And Hidden Hierarchies On The Eu Internal Market, Damjan Kukovec
Economic Law, Inequality, And Hidden Hierarchies On The Eu Internal Market, Damjan Kukovec
Michigan Journal of International Law
This Article has several aims. First, the aim is to show the continuing importance and relevance of antitrust and international trade lawyers in countering the concentration of power in the hands of the few or in some geographic areas of the world, if some of the assumptions of antitrust and trade are adjusted. Second, the goal is to articulate a particular analysis from the perspective of the (European) periphery. As the recent Euro crises and the near exit of Greece from the Union show, the European prospect of development for all has not arrived. This Article will articulate the privilege …
The Principle Of Proportionality In Calculating Fines For Competition Law Violations. Analysis Of The Fine Calculation Method In The Eu, Turkey And Poland, Aleksandra Kłoczko
The Principle Of Proportionality In Calculating Fines For Competition Law Violations. Analysis Of The Fine Calculation Method In The Eu, Turkey And Poland, Aleksandra Kłoczko
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
This paper analyses the compatibility with the principle of proportionality and the principle of fine individualisation of the fine calculation methodology used under Article 106 of the Polish Competition and Consumer Protection Act. According to established CJEU jurisprudence, when calculating a fine it is possible to refer to either the company’s entire turnover, which indicates the company’s market power, or to the amount gained from sales of products covered by the infringement. It is apparent from CJEU jurisprudence that although Article 23(2) of Regulation No. 1/2003 leaves the Commission discretion as to setting the amount of fines, it nevertheless also …
Sui Generis'?: An Antitrust Analysis Of Buyer Power In The United States And European Union, Richard Scheelings, Joshua D. Wright
Sui Generis'?: An Antitrust Analysis Of Buyer Power In The United States And European Union, Richard Scheelings, Joshua D. Wright
Akron Law Review
The argument of this paper is simple: from an economic policy point of view, there is nothing special about market power on the buyer side of markets. In particular, we reject the contention that retail sector buying power requires different treatment from antitrust authorities compared to other sectors in the economy. Likewise, we find arguments contending that ‘buyer power’ requires that new or different laws be enacted or judicially developed ultimately unpersuasive. This paper is divided into three parts. Part I summarizes the relevant economics of buyer power, and more generally, monopsony. Part II compares the relevant antitrust treatment, in …
Corporate Governance In Search Of The Shareholder-Manager Balance Of Power, Razeen Sappideen
Corporate Governance In Search Of The Shareholder-Manager Balance Of Power, Razeen Sappideen
Richmond Journal of Global Law & Business
No abstract provided.
Capturing The Transplant: U.S. Antitrust Law In The European Union, Silvia Beltrametti
Capturing The Transplant: U.S. Antitrust Law In The European Union, Silvia Beltrametti
Vanderbilt Journal of Transnational Law
The scholarly literature on the movement of legal norms focuses almost exclusively on transfers from one jurisdiction to another. It largely ignores transfers into new regulatory regimes. Drawing on a case study of the transplantation of U.S. antitrust law into the nascent entity that was to become the European Community, and analyzing its evolution from a public choice perspective, this Article suggests that transfers into new regulatory regimes are more likely to be effective when the lack of established institutions creates opportunities for stakeholders. The endorsement of a new law will enable stakeholders to influence its application and to capture …
Trouble Abroad: Microsoft's Antitrust Problems Under The Law Of The European Union, Justin O'Dell
Trouble Abroad: Microsoft's Antitrust Problems Under The Law Of The European Union, Justin O'Dell
Georgia Journal of International & Comparative Law
No abstract provided.
Exhaustion Of Trademark Rights Beyond The European Union In Light Of Silhouette International Schmied V. Hartlauer Handelsgesellschaft: Toward Stronger Protection Of Trademark Rights And Eliminating The Gray Market, Lisa Harlander
Georgia Journal of International & Comparative Law
No abstract provided.
United States Food Law Update: Shrouded By Election-Year Politics, State Initiatives And Private Lawsuits Fill In The Gaps Created By Congressional And Agency Ossification, A. Bryan Endres, Lisa R. Schlessinger, Rachel Armstrong
United States Food Law Update: Shrouded By Election-Year Politics, State Initiatives And Private Lawsuits Fill In The Gaps Created By Congressional And Agency Ossification, A. Bryan Endres, Lisa R. Schlessinger, Rachel Armstrong
Journal of Food Law & Policy
Observers of food law in the 2012 presidential election year witnessed a dramatic slowing of federal initiatives-perhaps arising from a desire by both Congress and the administration to avoid upsetting critical constituent groups during a year seemingly dominated by campaigns and endless talking points. For example, Congress failed to take action on a unique compromise between what some had considered mortal enemies-the Humane Society of the United States and United Egg Producers-that would implement a federal animal welfare standard for laying hens in return for abandoning ballot measures in various states. Similarly, the FDA waited until the early days of …
A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye
A Decade Of Registered And Unregistered Design Rights Decisions In The Uk: What Conclusions Can We Draw For The Future Of Both Types Of Rights?, Estelle Derclaye
IP Theory
No abstract provided.