Table Of Contents,
2019
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Binding Effects Of Soft Law. Some Remarks From The Eu Competition Law Perspective,
2019
Uniwersytet w Orleanie: Wydział Prawa, Ekonomii i Zarządzania
The Binding Effects Of Soft Law. Some Remarks From The Eu Competition Law Perspective, Agnieszka Chudyba
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The use of EU soft law raises many doubts. On the one hand, the question is whether the legality of soft law acts may be challenged before the European courts. On the other hand, one may wonder to what extent the EU and national institutions should be bound by soft law instruments. The author focuses on this second issue. Firstly, she examines the so-called selfbinding effect of EU soft law as well as its enforcement by the EU courts. Secondly, the author examines whether this binding effect of soft law may be observed at the national level. Competition law is …
Broad Rewarding By The Ec And Occp Of Undertakings’ Cooperation Within The Proceedings Concerning Competition Law Infringements,
2019
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Broad Rewarding By The Ec And Occp Of Undertakings’ Cooperation Within The Proceedings Concerning Competition Law Infringements, Agata Zawłocka-Turno
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The Article presents recent decisional practice of EC showing the tendency to broad rewarding of undertakings’ cooperation with the authorities outside existing procedures of leniency, settlements and commitment decisions. It also presents OCCP’s approach in this respect. Furthermore it assess, whether the broad use of negotiated approach to the enforcement of competition law does not raise risks for the effectiveness of its enforcement.
Cartel And Its Participant Within The Meaning Of The Act On The Actions For Damages For Infringements Of Competition Law,
2019
Uniwersytet Jagielloński w Krakowie: Wydział Prawa i Administracji, Katedra Prawa Cywilnego
Cartel And Its Participant Within The Meaning Of The Act On The Actions For Damages For Infringements Of Competition Law, Maciej Majewski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
This article concentrates on the problem of interpretation of the term ‘cartel’ used in the Act of 21 April 2017 on the actions for damages for infringements of competition law which implements to the Polish legal system the directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. To begin with, the analysis covers the rationality behind introducing the term ‘cartel’ to the Polish legal language. Next, presented are certain …
Impact Of The Mifid Ii Directive On The Risk Of Operation Of Energy Sector Companies In Poland,
2019
Akademia Techniczno-Humanistyczna w Bielsku Białej
Impact Of The Mifid Ii Directive On The Risk Of Operation Of Energy Sector Companies In Poland, Paweł Hawranek, Dariusz Michalski, Daniel Borkowski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The introduction of the MiFID II Directive required the implementation of this EU act into the Polish legal order, taking into account some of its specifi cs. However, the Directive was not implemented before of transposition date. Lack of implementation caused the occurrence of regulatory risk on the side of energy companies involved in the wholesale market, related to the lack of certainty as to the fi nal shape of the implementation. The time of the vacatio legis of the directive, instead of adapting the structure of enterprises, was used to wait for the introduction of implementing regulations. As a …
Imposing Taxes On Wind Farms,
2019
Uniwersytet Łódzki: Wydział Prawa i Administracji
Imposing Taxes On Wind Farms, Mateusz Czuba, Michał Wielec
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The main goal of the paper is to show all of the tax duties connected with the production of energy from wind in Poland. Producing electricity from wind is one of the most popular ways to produce energy from renewable sources of energy in Poland. Tax law linked to this kind of energy manufacturing is elaborate and still changing. The article is an attempt to describe all tax duties which are imposed on wind farm owners. The paper concentrates mainly on three of the most often appearing taxes: the excise tax, the property tax, and electricity taxation from micro-installation.
Legal Status Of Electric Scooters And Their Users – Proposed Solutions And Models Abroad,
2019
Uniwersytet Łódzki: Wydział Prawa i Administracji
Legal Status Of Electric Scooters And Their Users – Proposed Solutions And Models Abroad, Maciej Groblewski, Michał Pater
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The growing popularity of electric scooters and other personal means of transport, as well as their progressive and massive impact, means that the law must regulate the condition of electric scooters, their users, rules of use and safety problems. This issue has not yet been regulated in Polish law. Social and technological requirements as well as the increasing scale of investment in electromobility have contributed to legislative action. In pursuit of the expectations of modern business trading and social behavior, the Ministry of Infrastructure has developed a draft act of 30 July 2019 amending the act on road traffi c …
In Search Of The Optimal Lawmaker. Some Dilemmas Of Regulation And Deregulation From The Perspective Of Law And Economics,
2019
Katedra Teorii i Filozofi i Prawa na Wydziale Prawa i Administracji Uniwersytetu Łódzkiego
In Search Of The Optimal Lawmaker. Some Dilemmas Of Regulation And Deregulation From The Perspective Of Law And Economics, Mariusz J. Golecki
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
This paper presents various concepts of regulation, presented within the broad stream of neo-institutional economics. The purpose of the article is to attempt to answer the question why and how contemporary regulatory theory can and should take into account the characteristics of institutions involved in the process of law-making and applying the law. Such an analysis may constitute a starting point to outline of an integral model of regulation and deregulation, taking into account the complementary nature of legislative, executive and judicial powers.
Improvement Of Supply Security By Regional Energy Systems,
2019
Politechnika Łódzka: Instytut Elektroenergetyki
Improvement Of Supply Security By Regional Energy Systems, Rafał Dzikowski, Władysław Mielczarski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The power supply systems used to operate as centralized systems where large power stations supplied electric energy via high voltage transmission networks and middle voltage distribution grids to fi nal energy users. Emerging of new technologies, in particular, renewable energy plants, and the activation of energy customers, who are able not only to shape their power profi les but also to produce electricity, have radically changed the modus operandi of power supply systems, allowing for the improvement of power supply security. The paper is focused on presenting existing power systems pointing out the new rules of power system operation that …
Network Connection Agreements In The Heating Sector: Competition And Consumer Law Issues,
2019
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Network Connection Agreements In The Heating Sector: Competition And Consumer Law Issues, Jarosław Sroczyński, Agnieszka Staszek
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article presents the issue of concluding contracts for the connection to the heating network from the perspective of competition and consumer protection law. The obligations of heating enterprises were discussed, primarily the obligation to connect new customers to the heating network. The key issue presented in the article is risk distribution between the heating company and the connected entity, if the original intentions of the investor, in particular the developer, prove to be impracticable. Excessive protection of the heating enterprise against such a circumstance may result in an allegation of abuse of a dominant position; an attempt to transfer …
Application For Certifi Cation Of A Capacity Market Entity For The Main Auction And Additional Auctions,
2019
Zakład Prawa Gospodarczego Publicznego na Wydziale Prawa i Administracji Uniwersytetu Łódzkiego
Application For Certifi Cation Of A Capacity Market Entity For The Main Auction And Additional Auctions, Marcin Kraśniewski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The subject matter of this paper is the application for certifi cation of a capacity market entity for the main auction and additional auctions referred to in the Act on the capacity market. First of all, the personal scope of the application is discussed. Presented next is the substantive scope of the application. This part includes an analysis of the legal nature of the Capacity Market Regulations, and their position in the hierarchy of legal acts, as well as a presentation of individual elements of the application for certifi cation (content). Furthermore, particular attention is paid to the issue of …
Obligations Of Electricity And Gas Distribution System Operators With Respect To The Development Of Public Road Transport Recharging Infrastructure,
2019
Uniwersytet im. Adama Mickiewicza w Poznaniu
Obligations Of Electricity And Gas Distribution System Operators With Respect To The Development Of Public Road Transport Recharging Infrastructure, Jarosław Greser
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article regards the issue of the construction of an infrastructure indispensable for increasing the number of vehicles using alternative fuels. Pursuant to the lawmaker’s decision, the key role in the fulfi llment of this duty will be played by electricity and gas distribution system operators, who will be responsible for the construction of the number of points indicated in the bill. Simultaneously, the localization of these points will be decided by other entities, such as municipalities, the General Director for National Roads and Motorways or harbor administrators. The obligations of DSO with respect to the preparation of plans and …
The New Support Instruments Of Electricity Generation Based On A Fixed Purchase Price-Selected Issues,
2019
Uniwersytet im. Adama Mickiewicza w Poznaniu: Katedra Publicznego Prawa Gospodarczego
The New Support Instruments Of Electricity Generation Based On A Fixed Purchase Price-Selected Issues, Marcin Trupkiewicz
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The legal analysis conducted in this article of Polish provisions under the Renewable Energy Sources Act makes it possible to indicate that the legislator predicted the new instruments of support the RES. These instruments are addressed only to entrepreneurs who produce electricity from certain types of RES (agricultural biogas, landfi ll biogas, biogas from sewage treatment plants, other biogas and hydropower). The essence of these instruments is to base them on the use of a fi xed purchase price, which creates two independent and separate mechanisms enabling the transfer of public aid for the production of electricity from RES. The …
The Control Of Certain Investment Act As A Mechanism Ensuring Energy Safety,
2019
Uniwersytet Warszawski: Wydział Prawa i Administracji, Katedra Prawa i Postępowania Administracyjnego
The Control Of Certain Investment Act As A Mechanism Ensuring Energy Safety, Michał Bałdowski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
In 2015 the Polish Parliament enacted the Control of Certain Investment Act (the Act), which introduces a special legal regime regulating the acquisition of shares, enterprise or organized parts of an enterprise, of businesses entered on the list of protected companies. The main goal of this regulation is to introduce administrative law mechanisms which protect companies of a strategic importance to national safety against hostile takeovers conducted by foreign entities. In the current legislative status, half of the protected companies pursuant to the Act are companies operating in the energy sector or closely related sectors. Therefore, the supervision over the …
Exemption From The Utilities Directive – Brief Overview Of Eu Law And Case Law,
2019
Uniwersytet w Bergen: Wydział Prawa
Exemption From The Utilities Directive – Brief Overview Of Eu Law And Case Law, Ignacio Herrera-Anchustegui, Marcin Kraśniewski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
This paper presents the existing practice regarding the granting of exemptions from Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC in relation to entities from the energy sector. In that regard, there is a noticeable growth in the number of positive decisions of the Commission. The authors anticipate that over time individual exemptions from the Utilities Directive will lead to the exemption of the entire energy sector or its signifi cant part from the EU’s public …
Decision To Suspend The Use Of A Large Combustion Plant – Weighing Of Public And Private Interest,
2019
Uniwersytet Łódzki: Wydział Prawa i Administracji
Decision To Suspend The Use Of A Large Combustion Plant – Weighing Of Public And Private Interest, Wiktoria Pogorzała, Michał Pytkowski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The purpose of the article is to analyze to what extent and whose interest should the environmental protection inspection body be guided by when deciding to suspend the use of a large combustion plant installation. Only proceedings based on Article 367 EPL, due to the fact that the optional nature of this proceeding, combined with the possibility of setting an additional deadline to remove violations only at the request of a party, raises doubts of the authors of this article regarding the weighing of public and private interests. In the analyzed proceedings, the public interest manifested in the obligation to …
Security And Regulation Of The Energy Market – The International Academic Conference, Łódź, 23–34.05.2019,
2019
Uniwersytet Łódzki: Koło Prawa Energetycznego i Innych Sektorów Infrastrukturalnych
Security And Regulation Of The Energy Market – The International Academic Conference, Łódź, 23–34.05.2019, Maciej Groblewski, Michał Pater, Wiktoria Pogorzała, Michał Pytkowski, Michał Wielec
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The International Academic Conference, Łódź, 23–34.05.2019
About The Need Of Transition Of The President Of The Office Of Competition And Consumer Protection Into A Collegiate Competition Authority,
2019
Instytut Nauk Prawnych Polskiej Akademii Nauk
About The Need Of Transition Of The President Of The Office Of Competition And Consumer Protection Into A Collegiate Competition Authority, Paweł Podrecki, Mateusz Mroczek, Katarzyna Menszig-Wiese
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Taking into account the approaching 30th anniversary of the establishment of a modern competition protection system in Poland, based on a one-man central administrative body – the President of the Offi ce of Competition and Consumer Protection, the authors of the article want to start anew and join to the debate on institutional form of the Polish competition authority. This article briefl y summarizes the discussions conducted by representatives of jurisprudence on the issue. The authors also identify the most important defi cits of the current institutional model – primarily in the light of human rights protection standards and the …
One, Three And Two, And Independent Will Be You… On The Necessity Of The Wider Analysis Of Independence Of Polish National Competition Authority In The Light Of Ecn+ Directive,
2019
School of Law, Uniwersytet w Utrechcie
One, Three And Two, And Independent Will Be You… On The Necessity Of The Wider Analysis Of Independence Of Polish National Competition Authority In The Light Of Ecn+ Directive, Małgorzata Kozak
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article is an attempt to analyze the issue of assuring the independence of competition authorities in connection with the adoption of Directive 2019/1. It analyzes: the independence in the context of the authority functions, components and boundaries of the concept itself (accountability and transparency) and how the Directive 2019/1 and attempts to implement it so far in Poland (still at the stage of a draft) carry out the postulates made by academia. The author indicates that shaping the independence of a competition authority cannot be made in isolation from the objectives and functions performed by that authority, and in …
The Introduction Of The Compliance Programme As A Mitigating Circumstance In The Light Of The Guidelines Of The Italian Competition Authority (Autorita’ Garante Della Concorrenza E Del Mercato),
2019
Instytut Nauk Prawnych Polskiej Akademii Nauk
The Introduction Of The Compliance Programme As A Mitigating Circumstance In The Light Of The Guidelines Of The Italian Competition Authority (Autorita’ Garante Della Concorrenza E Del Mercato), Grzegorz Materna
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article’s aim is to present the approach of the Italian competition authority (Autorita ‘Garante della Concorrenza e del Mercato) to the competition compliance programs introduced by undertakings. In this regards the Authority’s recent case law and its new “Guidelines on antitrust compliance “ are presented. They provide that under certain conditions undertakings that infringed antitrust rules can apply for reduction of the fi nancial penalty imposed by the Italian competition authority. Thus, Autorita ‘Garante della Concorrenza e del Mercato recognizes that rewarding undertakings’ law enforcement efforts, even if the infringement has occurred, encourages them to engage resources in preventing …
