Antitrust and Trade Regulation Commons^™

Ratio Legis Penambahan Modal Negara Kepada Lembaga Pembiayaan Ekspor Indonesia, Syarif Hidayat

Jurnal Hukum & Pembangunan

Since its establishment under Law Number 2 of 2009 concerning The Indonesian Export Financing Institution (LPEI), the Indonesian Export Financing Institution has gained additional capital participation nine times between 2010 and 2021 by the passage of government regulations. The rules for extra capital in the legislation on its establishment only take the form of regulations in the event that the capital of the Indonesian Export Financing Institution is decreased by a particular amount, but the additional capital that has been carried out thus far is not meant to replace the capital deficiency. As a result, this research was undertaken to …

Table Of Contents

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

Table of contents

Boeing Ruling Is A Cautionary Tale For Trade Secret Litigants, Matthew D'Amore

Cornell Law Faculty Publications

On Aug. 14, a $72 million jury trial win by Zunum Aero Inc. against The Boeing Co. in the U.S. District Court for the Western District of Washington for trade secret misappropriation evaporated with the court's post-trial holding that Zunum had failed to identify its trade secrets sufficiently.

How did we get here after three years of litigation, eight days of trial and countless dollars spent? How can litigants — and courts — avoid this situation in the future?

Clear pretrial identification of trade secrets is key, and litigants can find a road map for this in the Sedona Conference's …

Urgensi Memahami Arbitrase Bagi Pemangku Kepentingan Dunia Bisnis Di Indonesia, Bambang Hariyanto, Saptarini Saptarini

Jurnal Hukum & Pembangunan

Abstract The resolution of business disputes through arbitration forums is increasingly favored by the majority of business actors in Indonesia. One indication of this is the growing number of business actors, both from the private sector and state-owned enterprises, who include arbitration agreements as dispute clauses in their contracts. Arbitration has even attracted the interest of MSMEs (Micro, Small, and Medium Enterprises) as a forum to resolve their business disputes. This phenomenon ultimately highlighted the urgency for stakeholders in the business world to understand arbitration. Using normative juridical methods, this article contained a series of analyses of primary materials, including …

Koszty Pozyskiwania Kapitału W Drodze Emisji Obligacji Na Gruncie Podatku Dochodowego Od Osób Prawnych, Anna Kasperowicz, Robert Piechota

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

Running a business depends largely on having the necessary funds, and one of the ways to obtain them is to issue bonds. Raising capital by issuing bonds usually brings certain benefits to the issuer, but may also cause certain difficulties. They concern primarily the proper interpretation and understanding of regulations related to taxation of bond issues and their trading. The aim of the article is to discuss the issues of costs arising in connection with the issue of bonds, and their proper interpretation in the context of the regulations of the Corporate Income Tax Act. The analysis was carried out …

Szacowanie Rozsądnego Zysku W Ramach Opłat Za Dostęp Do Obiektów Kolejowej Infrastruktury Usługowej Na Przykładzie Stacji Pasażerskich, Leszek Borowiec

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

The objective of the paper is to interpret the definition of ‘reasonable profit’ in railroad law, and to present the author’s proposal for its calculation in the framework of fees for the provision of railroad service infrastructure facilities, as well as making estimates using the example of passenger railroad stations. In terms of research methodology, the paper contains a review of international literature and practices, reports, guidelines and recommendations published by regulatory authorities. It also indicates the implications on the methodology for estimating ‘reasonable profit’ as a component of the cost of access to service infrastructure. The article presents the …

Jak Wykorzystanie Finansów Zdecentralizowanych Może Zwiększyć Dostęp Mikro- I Małych Przedsiębiorstw Do Kapitału Finansowego – Założenia Do Eksperymentu Ekonomicznego, Dariusz Sobolewski

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

The article presents the nature of decentralized finance (DeFi) as a potential alternative to traditional financing models for micro and small enterprises. Focusing on the limitations of the traditional financial system, the main barriers to access financial capital for micro and small enterprises are highlighted. The main purpose of the article is to analyze the feasibility of conducting an economic experiment to investigate whether a decentralized finance approach can become a solution to increase the accessibility of financial capital for micro and small enterprises. The results of such economic experiment could potentially contribute to future discussions and the conduct of …

Prowadzenie Rejestru Akcjonariuszy W Formie Rozproszonej I Zdecentralizowanej Bazy Danych – Uwagi Na Tle Art. 328(1) Kodeksu Spółek Handlowych, Paweł Czaplicki

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

The article discusses the issue of the forms of maintaining a register of shareholders, including the use of a dispersed and decentralized database. The article uses the dogmatic-legal research method. The key problem posed in the paper is whether, in the light of the applicable Art. 328(1) of the Commercial Companies Code, maintaining a register of shareholders using a dispersed and decentralized database is at all possible in Poland. In this context, according to the hypothesis put forward by the author, the legal provisions currently in force in this area make it impossible to maintain a register of shareholders in …

Zaufanie Społeczne A Uwarunkowania Psychologiczne Atrakcyjności Oferty Sektora Fintech Wśród Klientów Indywidualnych Banków, Krzysztof Świerszczak

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

Latest research shows that social trust has ceased to be an element of the competitive advantage of banks over enterprises that use innovation in the process of providing financial services. Moreover, consumers trust companies belonging to the FinTech (Financial/Technology) sector to a greater extent than banks. In this context, the determinants of consumer decisions, in particular psychological ones, should be analyzed. These are individualized in the context of each choice made by the consumer, and in the face of the observed comparable level of consumer trust in FinTech entities and banks. They may indicate significant differences in the perception of …

Wstrzymanie Na Podstawie Art. 31za Ustawy Z 2 Marca 2020 R. O Szczególnych Rozwiązaniach Związanych Z Zapobieganiem, Przeciwdziałaniem I Zwalczaniem Covid-19, Innych Chorób Zakaźnych I Wywoływanych Nimi Sytuacji Kryzysowych Biegu Terminów Dokonania Czynności Przez Komisję Nadzoru Finansowego W Ramach Nadzoru Nad Rynkiem Finansowym, Joanna Róg-Dyrda

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

The aim of this article is to analyze the issue of suspending deadlines for actions to be taken by the Polish Financial Supervision Authority in the area of financial supervision based on Article 31za of the Act of 2 March 2020 on Special Solutions Related to the Prevention, Counteracting and Combating COVID-19, Other Infectious Diseases, and Crisis Situations Caused by them (Covid-19 Act). The article focuses on interpretive doubts that have arisen in jurisprudence and the effects of regulations on legal certainty.

Przegląd Orzecznictwa Sądów Polskich W Sprawach Kredytów Hipotecznych Dotyczących Walut Obcych (Wybrane Przykłady), Edyta Rutkowska-Tomaszewska, Marta Fabiszewska

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

This review presents a selection of Polish court cases that have been rendered in recent years (2017–2023) by the Supreme Court and common courts (district and appellate) in cases of loans relating to foreign currencies (denominated or indexed to a foreign currency). These rulings are presented according to the leading problems on which they focus, which are reflected in the titles of the separate subdivisions of this study, i.e.: the status of the consumer borrower; agreements concluded between entrepreneurs; the scope of a lender’s obligation to inform the borrower about foreign currency risk; repayment of a loan directly in a …

Przegląd Decyzji Prezesa Uokik W Sprawach Antykonsumenckich Praktyk Rynkowych Dotyczących Usług Finansowych Wydanych W 2023 Roku, Edyta Rutkowska-Tomaszewska, Artur Zwaliński

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

This paper reviews the decisions of the President of the Polish Competition Authority (UOKiK) issued between 1 January and 31 December 2023. All decisions issued by the UOKiK President in the aforementioned period were analyzed and assessed. They were divided into two main categories resulting from the competences of the UOKiK President to issue decisions in cases of anti-consumer market practices, namely: decisions in cases of an infringement of collective consumer interests, and decisions in cases of an application of prohibited contractual provisions in contract templates, and within them, into groups according to their specific key problems. With regard to …

Ubezpieczenie Odpowiedzialności Cywilnej Za Produkt Niebezpieczny – Analiza Warunków Ubezpieczeniowych, Aleksandra Gnas

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

The article analyzes product liability insurance available on the market. The research focuses on how civil law terms are defined in the general terms and conditions (T&C) of insurance, and on the identification of terminological ambiguities. The scope of insurance coverage is analyzed, making it possible to determine whether it is sufficiently broad. The review of general insurance T&C provided in this article is of a practical nature facilitating the assessment of the quality, terms and availability of liability insurance for dangerous products.

Narzędzia Służące Do Weryfikacji Zdolności Kredytowej W Prawie Amerykańskim – Skuteczny Element Ochrony Kredytobiorców-Konsumentów Czy Zbędne Procedury?, Wanesa Choptiany-Mańka

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

This article aims to provide a concise analysis of U.S. law at the federal level regarding lenders’ obligation to verify consumers’ creditworthiness as part of their pre-contractual obligations. It focuses primarily on the instruments that lenders have at their disposal in order to conduct the examination in as much of an effective and standardized manner as possible, while protecting both their own interests, and the interests of consumers against amassing excessive debt. The article will attempt to answer the question whether the tools available to American lenders fulfill their function, and whether the Polish legislator can draw inspiration from US …

Bankowość Elektroniczna W Polsce W Opinii Klientów Indywidualnych W Świetle Wyników Badania Własnego, Weronika Mazurek

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

Considering the dynamic technological progress, electronic banking is now both a modern and convenient means for clients to communicate with their bank remotely. Importantly, e-banking is gaining increasing prominence as a commonly accepted and key tool for financial management in modern society. The purpose of this article is to present the results of a survey conducted among individual clients in possession of a bank account. The survey focuses on understanding the ways in which e-banking shapes clients’ habits and influences their preferences. The survey has set out two research hypotheses. First, that there is a growing trend of traditional banking …

Defining Relevant Markets In Digital Ecosystems, Daniel A. Crane

Articles

Traditional market definition focuses on the substitutability of two products or geographies. In digital ecosystems, competition often occurs in important ways that elide definition in conventional substitutability terms. This Article considers three kinds of economic rivalry that do not fit the conventional market definition mold: (1) Single-side competition: In two sided markets, firms may compete on just one side of the market. For example, Google and Facebook compete for the same advertisers, but their users on the other side of the market do not necessarily think of the offerings (social media and universal search) as substitutes; (2) Ecosystem competition: Technology …

An Antitrust Analysis Of The Ncaa Transfer Policy, Michael Carrier, Marc Edelman

Texas A&M Law Review

The National Collegiate Athletic Association (“NCAA”) is no stranger to antitrust law. As a trade association composed of nearly all U.S. colleges offering competitive sports, its rules are regularly challenged under antitrust law. In the past 40 years, the NCAA has faced challenges to rules limiting televised game broadcasts, curtailing assistant coaches’ pay, and restraining players’ compensation, among other issues. Restraints on college athlete transfers also could subject the Association to reasonable legal scrutiny.

Restrictions on the ability to transfer can harm athletes by preventing their immediate eligibility even though transferring could allow them to be closer to family, enroll …

The Behaviour Of Dominant Firms And The Principle Of Equal Opportunities: Lessons From The Sen Antitrust Saga Case Comment To The Servizio Elettrico Nazionale Judgment Of The Court Of Justice Of 12 May 2022, Case C-377/20, Laura Zoboli

Yearbook of Antitrust and Regulatory Studies

This commentary concerns the Servizio Elettrico Nazionale (SEN) case that stems from the conduct of an incumbent operator – Enel S.p.A. – called upon to confront the liberalization process of the Italian electricity market. In particular, the former legal monopolist allegedly worked to consolidate its dominant position in the electricity production market, by denying its rivals access to a resource that would have been non-replicable and of strategic importance to compete in the liberalized electricity distribution market. This ruling is of fundamental importance as the Court of Justice discusses therein the objectives of antitrust law and the notion of exclusionary …

Ioannis Lianos, Alexey Ivanov, Dennis Davis (Ed.), Global Food Value Chains And Competition Law, Cambridge University Press 2022, 642 P., Magdalena Knapp

Yearbook of Antitrust and Regulatory Studies

Book review of "Global Food Value Chains and Competition Law" by Ioannis Lianos, Alexey Ivanov & Dennis Davis (eds.).

The Court Of Justice Kicks Around The Dichotomy Between Data Protection And Competition Law Case Comment Of The Preliminary Ruling In Case C-252/21 Meta Platforms V. Bundeskartellamt, Alba Ribera Martínez

Yearbook of Antitrust and Regulatory Studies

Data protection and competition law have been at a crossroads in terms of their integration. Antitrust authorities as well as data protection supervisory authorities have grappled with the question of whether both fields of law should be combined into the same analysis. The German competition authority, the Bundeskartellamt, was the first to fuse them in its landmark case against Facebook’s data processing terms and conditions. The exploitative theory of harm put forward by the German NCA is the first of its kind to integrate data protection considerations into the antitrust analysis, namely by drawing a line between an infringement with …

False Start On Nil: Public And Private Law Should Treat College Athletes Like Any Other Student, Jodi Balsam

Faculty Scholarship

No abstract provided.

Antitrust Law—A New Era In College Athletics: Is Arkansas The Best State To Play In?, Ashtyn Pike

University of Arkansas at Little Rock Law Review

No abstract provided.

"No One Likes Us, We Don't Care": The Legality Of Ticket Bans On Opposing Fans, Rebecca Black

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Box Office Knockout: The Future Of Theaters In An Industry Racing To Outpace Them, Jakob Stokes

The Journal of Business, Entrepreneurship & the Law

This article examines the historical and contemporary impacts of antitrust measures in the film industry, focusing on the significant Paramount Decrees which initially aimed to dismantle the monopolistic practices of the "Big Five" and "Little Three" studios. It discusses the evolution of these decrees and their relevance in today's landscape dominated by a new set of major players. The article further explores the current debate surrounding the shortening of the cinematic window of exclusivity, delving into the implications of various premium video on demand services, such as Disney Premier Access, and the arguments both for and against shortened windows. It …

Baseball's Antitrust Exemption Still Looms Large For Minor Leaguers Despite Their Recent Unionization & Collective Bargaining Agreement, Rodney William Cannon

Brooklyn Journal of Corporate, Financial & Commercial Law

Over a hundred years ago, the Supreme Court of the United States granted Major League Baseball (MLB) an antitrust exemption, allowing the organization to engage in anticompetitive practices that antitrust laws are designed to prevent. Today, MLB remains the only sports league with an antitrust exemption, despite legal challenges and inquiries, especially regarding its impact on the recently unionized Minor League Baseball players in 2022. Issues related to the exemption arise from the history of poor conditions for Minor League Baseball players in relation to their wages, living conditions, and transportation, among others. Despite recent improvements resulting from unionization and …

Navigating The Nexus: Competition Law, Data Privacy, And Regulatory Challenges In The Digital Economy, Aalaa Tarek El Gohary

Theses and Dissertations

Competition law and data privacy meet at a crucial point in the growing digital economy, making it essential to delve into their intricate relationship. This thesis investigates how competition law and data protection law interact within the digital market. It examines how data protection regulations influence market dynamics and competition, and how competition law affects data processing and individual rights during the digital transformation. By thoroughly exploring key themes, such as historical context, current challenges, and regulatory responses, this research aims to shed light on the changing regulatory landscape and its impact on future frameworks in the digital era. The …

Dol Fiduciary Rule 3.0 Strikeout, Base Knock, Or Home Run?, Antolin Reiber

DePaul Business & Commercial Law Journal

No abstract provided.

Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton

DePaul Business & Commercial Law Journal

No abstract provided.

Survey Evidence In Trademark Actions, Ioana Vasiu And Lucian Vasiu

DePaul Business & Commercial Law Journal

No abstract provided.

Corporate Governance And Compelled Speech: Do State-Imposed Board Diversity Mandates Violate Free Speech?, Salar Ghahramani

DePaul Business & Commercial Law Journal

No abstract provided.