Antitrust and Trade Regulation Commons^™

Dieselgate And The Legal Consequences Of The Manipulation Of Air Pollution Emissions, Zofia Mazur

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

The subject of the present article is the analysis of the well-known ‘Dieselgate’ affair, which has involved Volkswagen. The scandal in question concerns the installation of software (‘defeat device’) to manipulate the results of emissions tests that in fact did not corresponded to the values declared in the approval certificates of vehicles produced by Volkswagen. In addition, through advertising campaigns, Volkswagen promoted its car models as particularly environmental friendly, illegally using environmental and green claims. These activities of the German car manufacturer led to many legal actions both in Europe and in the United States. The aim of the article …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Uber Case, Competition Law Implications In Europe And Latin America: Defenders Of The Old Economy Versus Advocates Of The Digital Revolution, Lavinia Meliti

ILSA Journal of International & Comparative Law

No abstract provided.

Frand And Antitrust, Herbert Hovenkamp

Cornell Law Review

No abstract provided.

Caso Uber, Las Implicaciones De La Ley De Competencia En Europa Y América Latina: Defensores De La Vieja Economía Versus Promotores De La Revolución Digital, Lavinia Meliti

ILSA Journal of International & Comparative Law

No abstract provided.

Class Actions And Private Antitrust Litigation, Albert H. Choi, Kathryn E. Sprier

Law & Economics Working Papers

When firms collude and charge supra-competitive prices, consumers can bring antitrust lawsuits against the firms. When the litigation cost is low, firms accept the cost as just another cost of doing business, whereas when the cost is high, the firms lower the price to deter litigation. Class action is modeled as a mechanism that allows plaintiffs and attorneys to obtain economies of scale. We show that class actions, and the firms' incentive to block them, may or may not be socially desirable. Agency problems, settlement, fee-shifting, treble damages, public enforcement, and sustaining collusion through repeat play are also considered.

Toward A Per Se Rule Against Price Gouging, Ramsi Woodcock

Law Faculty Scholarly Articles

Price gouging is the use of high prices to ration access to a good in unexpectedly short supply. Because sellers can always recoup their costs by choosing not to ration with price and instead allowing the good to sell out, price gouging harms consumers: it transfers wealth from consumers to firms unnecessarily. This harm to consumers could violate the antitrust laws in two ways. First, it could serve as the basis for a per se rule against algorithmic price gouging — surge pricing — because the superhuman speeds with which surge pricing algorithms respond to shortages effectively shorten the period …

Behavioral Lessons For Antitrust Enforcement, Avishalom Tor

Faculty Lectures and Presentations

These are lecture slides to accompany a virtual lecture.

Avishalom Tor, professor and director of the Research Program on Law and Market Behavior at Notre Dame Law School, delivered this lecture to lawyers and economists of the Department of Justice’s antitrust division in Washington D.C. and throughout the country in the summer of 2020.

The lecture provides a systematic review of the lessons empirical behavioral findings offer to antitrust law, enforcement, and policy. Professor Tor introduces key findings of behavioral antitrust and explores their implications for doctrine and enforcement across the field, in areas ranging from horizontal restraints, through …

Do We Need Kyc/Aml: The Bank Secrecy Act And Virtual Currency Exchanges, Stan Sater

Arkansas Law Review

"Technology is moving faster than government or law can keep up. It's moving faster than you can keep up: you should be asking the question of what are your rights and who owns your data." - Gus Hunt, 2013 CIA Chief Technology Officer

The Currency and Foreign Transactions Reporting Act, commonly referred to as the Bank Secrecy Act (the BSA), is the U.S. government’s 800-pound gorilla when it comes to regulating virtual currency. It has been expanded, transformed, and updated since its initial passage in 1970 to keep pace with new developments in global terrorism and money laundering, all the …

A New Corporate Tax, Reuven S. Avi-Yonah

Articles

If we can regulate our corporations simply through the medium of taxation, we can destroy every trust in a fortnight. It would be a great deal better for the Finance Committee to turn its attention to the imposition of such a tax upon corporations and the persons who actually need regulation, who are exercising powers that are injurious to the American people, destroying competition and invading our prosperity, than to attempt to levy a revenue tax upon all the little shareholders of all the little corporations throughout the length and breadth of the United States.

After Forty Years Of Antitrust Revision And Apple Inc. V. Pepper, What Now Illinois Brick?, Jeffrey L. Harrison

William & Mary Business Law Review

Nineteen seventy-seven was a paradigm-shifting year in antitrust law. Decisions by the Supreme Court greatly limited the type of parties who could successfully bring antitrust actions and what types of activities would violate the antitrust laws. First, in January of that year, the Court, in Brunswick v. Pueblo Bowl-O-Mat, ruled that to mount a case the plaintiff had to have suffered an antitrust injury. In other words, even if the antitrust laws were violated, the party raising the issue had to have suffered the type of harm the laws were designed to avoid. Then in a fourteen day span …

Acquiring A New Customer By An Energy Seller, Paweł K. Domagała

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

Since the application of the General Data Protection Regulation, awareness of the obligations relating to the collection and use of personal data has increased significantly. This study will present the process of obtaining a new customer by an electricity seller in Poland, as well as how Polish laws and the GDPR affect the implementation of this process and what restrictions must be faced by electricity sellers. This process will be presented in three stages: obtaining the data of the potential customer, forwarding the offer to conclude a contract for the sale of electricity, and concluding such a contract. The most …

Development Of The Principle Of Energy Solidarity In The Jurisprudence Of The Court Of Justice, Jakub Faszcza

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

The author aims to present, based on the available jurisprudence, the development of the principle of energy solidarity expressed in Article 194 TFEU. This principle was introduced into EU Primary Law with the entry into force of the Treaty of Lisbon over a decade ago. During this period, EU courts rarely referred to this principle. Therefore, the case-law relating to it should be regarded as not comprehensive. Given the above, the author in this article analyzes two judgments based on which the principle of energy solidarity was raised. First, the CJEU judgment of 20 December 2017 in the case of …

Eryk Kosiński, Regulation Of The Energy Sector In The European Union And Ukraine. The Objectives And Legal Measures Of The Energy Sector-Specific Regulation, Wydawnictwo Naukowe Uam, Poznan 2019, Pp. 878, Mirosław Pawełczyk

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

No abstract provided.

Magdalena Porzeżyńska, State Aid For The Production Of Energy From Renewable Sources In European Union Law, C.H. Beck, Warsaw 2020, Pp. 276, Marzena Czarnecka

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

No abstract provided.

Dilemmas Of The Heat Sector – A Few Words About Competition And Monopoly In The District Heating Sector, Marcin Kraśniewski

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

The dilemmas of the system heat sector boil down to the scope of the interference of the President of the Office of Competition and Consumer Protection (UOKiK President) and the President of the Energy Regulatory Office (URE President) in the functioning of heating companies. The article proposes a thesis which states that despite the liberalization measures in the district heating sector, the sector remains a natural monopoly. This results in the primacy of the URE President as the regulator of this sector and, at the same time, in the limited scope of influence of the UOKiK President as an antitrust …

Opportunities And Directions In The Transformation Of District Heating In Poland, Marcin Ziarkowski

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

The Polish heating sector is currently in the initial phase of a switch to ecological and energy efficient heating. The challenges facing the Polish district heating sector are considerable, given its unprecedented size in the EU. The purpose of this article is to identify the most important problems of network heating in Poland, and to indicate opportunities and possible development directions for this sector.

Simplified Method Of Approving Cogeneration Tariffs – Entitlement Or Obligation?, Zdzisław Muras

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

The aim of this study is to present the doubts that arise during the application of the law regarding the scope of the usage of the so-called simplified method of approving heat tariffs for cogeneration units in practice. This contribution covers both the provisions of the Energy Law Act and the regulation on the detailed rules of shaping and calculating tariffs and settlements for heat supply. The author, after reviewing a broad scope of literature and jurisprudence, made an attempt to develop a clear common approach to the outlined issue. Providing an unambiguous answer to the question stated in the …

New Support Scheme For Energy Produced From High-Performance Cogeneration – Selected Legal Aspects, Michał Bałdowski, Michał Maruszak

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

At the end of 2018, the Sejm (Poland’s Lower House of Parliament) adopted legislation aimed at the comprehensive regulation of cogeneration, that is, the simultaneous generation of electricity and heat. This legislative solution was dictated by the necessity to popularize a method of energy generation that is highly efficient and results in a relatively low level of environmental harm. In the opinion of the authors, the new legislation should be evaluated positively given that, since the system is competition-based, energy targets can be met at the lowest possible cost to the state budget. At the same time, small and already …

The Impact Of The Coronavirus Pandemic On Legal Regulations In The Energy Sector, Karolina Wcisło-Karczewska, Jan Sakławski

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

This text aims to introduce the reader to the newly implemented legal solutions for the energy sector that have appeared in connection with the introduction of the so-called anti-crisis shields. The study is primarily descriptive due to the fact that these regulations are yet to have any relevant jurisprudence. Finally, general comments are included on the current EU legislation on programmes to help the energy sector recover from the crisis.