Antitrust and Trade Regulation Commons^™

Notes To The Draft Regulation On The European Single Market For Electronic Communications, Wojciech Dziomdziora

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

The European Commission’s proposed draft Regulation on the single market for electronic communications introduces far-reaching changes to the EU regulatory framework for telecommunication. The article outlines the most important of these changes such as: single EU authorisation, coordination of the use of radio spectrum, European virtual access products, proposed strengthening of the rights of end-users as well as roaming. Presented in addition are the preliminary views of two leading committees of the European Parliament - ITRE and IMCO.

Report On The International Conference “Antitrust Private Enforcement: Lessons For Poland”, Warsaw, 30 May 2023, Szymon Gołębiowski, Marcin Alberski

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

Sprawozdanie z międzynarodowej konferencji pn. „Antitrust Private Enforcement: Lessons for Poland”, Warszawa, 30 maja 2023 roku

Judicial Control Of The Decisions Of The Polish Nca (The President Of Uokik) In Merger Control Cases - Selected Aspects Based On Latest Case Law (Agora/Eurozet And Orlen/Polska Press), Anna Celejewska-Rajchert, Filip Drgas

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

In this article, the authors discuss selected aspects of judicial review of decisions issued by the Polish NCA (President of UOKiK), which have become the subject of judicial review, in most recent cases involving appeals against merger control decisions of the President of UOKiK, that is, decision No. DKK-1/2021 in the Agora/Eurozet case and decision No. DKK-34/2021 in the PKN Orlen/Polska Press case. The article focuses on procedural aspects, such as the possibility of changing a merger decision of the President of UOKiK by the court, certain aspects of evidentiary proceedings, such as the burden of proof and the evidence …

Penal-Administrative Liability Of The Person That Manages An Essential Service Operator For Breaching Their Duty Of Due Diligence, Mariusz Czyżak

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

This article discusses the liability of the manager of an essential service operator for violating their due diligence obligations while performing the duties of that operator. These duties include implementing a security management system in the information system used to provide the essential service, appointing a responsible person to maintain contacts with the entities of the national cybersecurity system, and ensuring security audits of the information system used to provide the essential service. An individual who manages or co-manages such entity, especially a member of its governing body (such as the board of directors), may be considered the “manager” of …

The Significance Of The Independence Of The Polish Telecommunications Regulatory Authority (The President Of Uke) For The Implementation Of Eu Fundamental Rights On The Example Of Proceedings For The Imposition Of Fines On The Basis Of Polish Telecommunications Law, Michalina Szpyrka

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

Independence is one of the basic requirements for judiciary bodies, which decide authoritatively about the rights and obligations of legal entities. However, these functions are more and more often taken over by public administration entities that issue decisions granting powers, and even impose severe fines. In connection with this trend in the doctrine and jurisprudence, a discussion has arisen on the need for public administration bodies to be independent. This need is also recognized by EU institutions, which introduce a requirement of ensuring the independence of competition protection (NCAs) and regulatory authorities (NRAs). In connection with the EU review of …

Acceptable Forms Of State Aid To Airlines During The Covid-19 Pandemic (Part I), Jadwiga Urban-Kozłowska

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

The goal of this paper is to analyze the application of two types of State aid, namely exceptional aid (Article 107(2)(b) TFEU) and anti-crisis aid (Article 107(3)(b) TFEU), which played a key role in the process of supporting air carriers during the COVID-19 pandemic. This will allow us to compare these types of aid, and to answer the question of their significance and usefulness in the context of supporting air carriers, and more broadly other undertakings, during exceptional occurrences such as COVID-19. The criteria for each of these exemptions will be discussed separately, and theoretical considerations will be accompanied by …

The Parts That Don’T Glitter: A Comparative Analysis Between Switzerland And The United States On The Regulations Of The Importation Of Gold And Its Effect On Human Rights In Gold Mining Countries, Amanda Gomez

University of Miami International and Comparative Law Review

This Note considers and compares rules and regulations Switzerland and the United States have placed on the trade and importation of gold. It explores the history of the gold trade which has led to its modern use and the negative implications that gold refining in Switzerland has on countries where gold may be illegally mined. Although some rules are in place in these gold mining countries, regulations upon the acceptance of gold may have an even greater impact on the gold supply chain and the human rights issues it affects. The United States and Swiss governments currently have some restrictions …

Energy Transition Enhanced By The European Green Deal – How National Competition Authorities Should Tackle This Challenge In Central And Eastern Europe?, Marcin Kamiński

Yearbook of Antitrust and Regulatory Studies

The European Green Deal (EGD) provides very ambitious policy goals, particularly related to energy transition and decarbonisation. Competition law also plays a role in the accomplishment of the objectives set in the European Green Deal. While many National Competition Authorities (NCAs) have already issued relevant acts and taken significant actions regarding practices related to the EGD, the NCAs from Central and Eastern Europe (CCE) have not yet instituted any initial actions towards this policy. This article proposes relevant institutional actions which may be used by NCAs in the CEE region given the current situation in their national energy markets, energy …

Square Peg In A Round Hole? Sustainability As An Aim Of Antitrust Law, Michał Konrad Derdak

Yearbook of Antitrust and Regulatory Studies

The ongoing debate on sustainability in antitrust only briefly refers to the established legal methodologies of interpretation. In particular, there seems to be hardly any reflection on the teleological interpretation of competition law in the context of making sustainable development the aim thereof. This is problematic, because a methodologically sound construction of the aims of law is instrumental not only for the interpretation of its provisions, but also for ensuring the rule of law and safeguarding the rights of individuals. This article is an attempt to trigger a discussion in this area by analysing whether promoting sustainability is, or can …

The Judicial Review Of The Standard Of Proof In Cartel Cases: Raising The Bar For The Croatian Competition Authority Case Comment To The Judgment Of The Constitutional Court Of The Republic Of Croatia No. U-Iii-2791/2016 Of 1 February 2018 (Sokol Marić D.O.O.), Alexandr Svetlicinii

Yearbook of Antitrust and Regulatory Studies

The Security agencies case represents another example of the procedural diversity among Member States in applying national competition rules that mirror Articles 101 and 102 TFEU. In its infringement decision the Croatian NCA specified that the presence at the meeting with competitors and participation in the discussion concerning minimum prices was sufficient to impute to the parties participation in an anti-competitive agreement prohibited under the national equivalent of Article 101 TFEU. As the Croatian NCA investigated an agreement ‘by object’, it considered itself relieved of the burden to demonstrate the anti-competitive effects. The Constitutional Court has taken a different approach …

Disclosure Of Documents In Private Antitrust Enforcement Litigation, Aleš Galič

Yearbook of Antitrust and Regulatory Studies

Procedural tools aimed at access to information in general, and disclosure of documents in particular, are crucial for the effectiveness of private antitrust enforcement litigation and for facilitating more genuine equality of arms. Currently, profound differences exist among EU Member States’ civil procedure laws concerning disclosure of evidence held by the opponent. The transposition of the litigation disclosure mechanism contained in the Damages Directive will undermine the existing principles of Slovenian civil procedure. However, this is due to the fact that Slovenian law is outdated with regard to evidence disclosure. Not only that, it is also partially based on an …

Gatekeeper Competition Policy, Herbert Hovenkamp

Michigan Technology Law Review

Antitrust policy in the United States has always had special rules for dominant firms. As Justice Scalia once observed:

Where a defendant maintains substantial market power, his activities are examined through a special lens: Behavior that might otherwise not be of concern to the antitrust laws—or that might even be viewed as procompetitive—can take on exclusionary connotations when practiced by a monopolist.

Antitrust Compliance For The Modern Age, Heyman Center On Corporate Governance, Manish Kumar, Samuel N. Weinstein, Jillian Charles, Deirde Mcevoy-Cappock, Sean Farrell, Jeffrey Martino

2024–2025 Flyers

Please join us for essential insights into the latest developments in compliance guidelines, best practices for corporate compliance programs, and effective litigation in the context of compliance issues.

The Federal Judiciary's Double Standard: How The Fsia Deters Plaintiffs In Their Search For Justice, Chance Easterling

MC Law Review

No abstract provided.

Taxation's Limits, Luís C. Calderón Gómez

Northwestern University Law Review

Countless pages have been devoted to the question of why everyone should pay tax, yet its opposite has gone largely unnoticed: why should some people and organizations not pay tax? Our tax system exempts from ordinary income taxation a wide and diverse array of people and organizations engaged in significant economic activity—from parents providing childcare services for their family to consular activities and charities operating animal shelters—seemingly without a convincing explanation. Perhaps because of the dizzying diversity of tax-exempt activities, scholars and policymakers have avoided comprehensively or coherently justifying our exemption regimes.

This Article develops a novel normative theory that …

Contents

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Editorial Foreword, Laura Zoboli, Maciej Bernatt

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Coca-Cola Beverages Africa (Pty) Ltd V. Competition Commission And Another [2024] Zacc 3, Dunia P. Zongwe, Adolf N. Gariseb

SAIPAR Case Review

This article examines the South African Constitutional Court's decision on the public interest considerations in merger control, specifically concerning employment effects. The case involved Coca-Cola's retrenchments post-merger and the Competition Commission's notice of apparent breach. The Court's ruling clarifies the review standards for regulatory enforcement of merger conditions and the causal link required between a merger and subsequent employment decisions. The commentary highlights the paradox in South Africa's competition law, emphasising employment protection, though well-intentioned, may constrain economic flexibility. It argues that this employment-centric approach can lead to inefficiencies, diminish consumer welfare, and obscure market competitiveness as a public interest.

Trustless Trust And Antitrust: A Synthesis, Matt Blaszczyk

Touro Law Review

Authors have written of antitrust law’s demise in the face of blockchain, which, seemingly, achieves the pro-competitive ends of the law through technology and private ordering. Permissionless blockchains in particular are said to offer a vision of radical disinter mediation and a break with the platform economy troubling the regulators today. At the same time, blockchain supposedly presents challenges to antitrust doctrine, from the most basic of concepts to the viability of enforcement and remedies. Finally, blockchain community governance is said to allow for private ordering of antitrust, i.e., enforcement of rules attempting to protect competition, which are at the …

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 …

Entire Issue Vol. 15 No. 25

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Entire Issue Vol. 17 No. 29

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Between The Data Act And The Gdpr: Attributing Responsibility For Data Sharing, Antoni Napieralski

Yearbook of Antitrust and Regulatory Studies

The normative links between the GDPR and the Data Act increase the complexity of attributing responsibility for data sharing under the Data Act. Due to overlaps in the material scope of the GDPR and the Data Act, exercising access rights stipulated by the DA leads to consequences in attributing controllership under the GDPR. Users who are not data subjects, together with third parties receiving the requested data, are likely to become joint controllers. Judicial interpretation of the concept of joint controllership effectively lowered the threshold of becoming a joint controller. In pursuit of the effective protection of the data subject, …

Business-To-Business Data Sharing Within The Eu Digital Market International Conference Warsaw, 14–15 September 2023, Monika Woźniak-Cichuta

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Data Sharing For The Common Good – Remarks On The Data Altruism Framework Established Under The Data Governance Act, Adrianna Michałowicz

Yearbook of Antitrust and Regulatory Studies

The article examines the data altruism framework established under the European Union’s Data Governance Act (DGA) and its potential to foster trust in voluntary data sharing. The DGA, effective from September 2023, introduces legal measures to facilitate the altruistic sharing of personal and non-personal data for objectives of general interest, such as healthcare, scientific research, and disaster response. The study aims to evaluate the regulatory framework’s effectiveness in building trust, focusing on three key aspects: the potential recipients of altruistically shared data, the possibility of commercial use of such data, and the transparency of data processing activities. The findings suggest …

Searching For Coordination Between The Eu Copyright Enforcement System And Content Portability: An Underestimated Challenge?, Camilla Signoretta

Yearbook of Antitrust and Regulatory Studies

Portability is a multifaceted concept, standing in between data law, digital consumer law and platform regulation. Considering their different rationale, portability rules can be found in the General Data Protection Regulation (GDPR), the Digital Content Directive (DCD), the Portability Regulation (PR), and the Digital Markets Act (DMA). Throughout the years, portability evolved from a prerogative of data subjects into a content regulatory tool. Therefore, its interplay with intellectual property law became progressively more complicated. Importantly, some portability provisions have been enacted in the form of obligations to be implemented by digital platforms. In this light, the intersection between digital platform …

The Quest For The Fifth Freedom: Access To Data And Information In Conflict With The Protection Of Intellectual Property, Katarzyna Klafkowska-Waśniowska

Yearbook of Antitrust and Regulatory Studies

This article explores the concept of the freedom of information, linked to the goals of the European Research Area, and its relations with the evolving concept of free movement and free flow of data. Both concepts relate to the fundamental principles of the single market: free movement, non-discrimination and market access. In the context of the internal market, public authorities need to ensure market access for private economic operators in the area of goods, services, the labour market and investment. Free flow of data and information is based on the autonomous understanding of “access” – not access to the market, …

The Risks Of Health Data Commodification In The Eu Digital Market, Chiara Gallese

Yearbook of Antitrust and Regulatory Studies

This article explores the health data commodification phenomenon in the European Union’s digital market. The emergence of a health marketplace, and the increasing utilisation of health data by both public and private entities, have raised significant concerns about citizens’ rights. This study examines the risks of health data commodification, the EU’s efforts to facilitate data sharing and reuse through the Digital Strategy Corpus of law (DSC) as well as its potential implications on the rights of data subjects. The article investigates the ongoing scholarly debate surrounding the commodification of personal data, and its ethical and legal dimensions. The interdisciplinary approach …

The Creation Of Data Pools As Information Exchanges: Antitrust Concerns, Eugenio O. Peralta

Yearbook of Antitrust and Regulatory Studies

In the digital market, data is a critical resource, but its handling reveals a twosided situation. First, dominant platforms, known as gatekeepers, control major data sources. They may extract data unfairly from dependent partners, or abuse their market position by demanding excessive data for free services, and may also acquire companies solely for their data. The Digital Markets Act counters this by imposing data handling restrictions and portability duties. Conversely, nongatekeeper companies need data access to compete and innovate. The European Data Act addresses this, by granting data portability rights and promoting data sharing spaces, yet a more extensive data …

Digital Data-Driven Mergers: Is A Data-Sharing Remedy A Panacea?, Monika Woźniak-Cichuta

Yearbook of Antitrust and Regulatory Studies

The article contributes to the current debate on the interplay between the data economy and competition law. First, on the basis of theories of harm related to datadriven merger, it is stated that such transactions require a particular assessment in merger control proceedings, rather than having them cleared unconditionally during phase 1. Such examination should take into consideration data-induced market power, not necessarily related to traditionally defined relevant markets. Therefore, it is postulated to take an ecosystem perspective on harm stemming from digital data-driven mergers. Second, the practice of the European Commission is outlined with regard to data-access remedies. It …