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The Evolution Of Antimonopoly Proceedings In Japan: Observations Of Third Party Standing To Sue In The Case Involving Jasrac, Yutaka Ishida

Washington International Law Journal

Japan’s Antimonopoly Proceeding has repeatedly changed throughout the 21st century. Originally enacted as the Preliminary Review Procedure, the administrative process evolved into the Complaint Review Procedure from 2005 to 2013, before becoming the Direct Appeal to District Court Procedure in effect now. The proceedings allow the Japan Fair Trade Commission ("JFTC") to regulate the market and shield it from monopolistic behavior. The Japanese Society for Rights of Authors, Composers, and Publishers ("JASRAC") dominates the music copyright management service provider industry in Japan. The company's fee collection methods led the JFTC to issue it a cease and desist order under the …

From Pay-For-Delay To Product Hopping: The Limited Utility Of Antitrust Law In The Pharmaceutical Industry, Joseph Fielding

Cardozo Law Review

The note examines the intersection of patent law and antitrust policy, particularly in the context of pharmaceutical drug competition. It argues that while antitrust enforcement is an effective solution to address "pay-for-delay" agreements, it is less suitable for resolving "product-hopping" issues. Instead, the article contends that closing regulatory loopholes in the Hatch-Waxman framework would be a more effective approach to curbing anticompetitive product-hopping practices. The analysis focuses on two key cases—Federal Trade Commission v. Actavis, Inc. and Schneiderman v. Actavis LLC—to illustrate the legal and economic implications of these strategies.

Consumer Protection In The Internet – The Case Of Free Services Offered By Internet Platforms, Iga Małobęcka

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

Global internet platforms, such as Google, Facebook, Amazon or Linkedin, increasingly offer consumers free of charge services. Such services, however, are only seemingly free – consumers pay for their use with their own data. The problem with such seemingly free services lies, inter alia, in the lack of reliable and complete information about all elements of the agreement. Hence, consumers are being misled as to the actual remuneration for such services, as well as further use of their data by the internet platforms and other entities. This article analyzes possible ways of a legal classification of such practices of internet …

Durable Medium In Consumer Trade, Jan Marek Szczygieł

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

The article presents selected issues relating to the responsibilities of entrepreneurs to provide consumers with specific information about their durable medium. Not only is the discussion focused on the definition of a durable medium and its characteristics, but it also indicates the types of materials and tools that may be recognised as permanent durable media, and as such be used in the modern consumer transactions.

The Patient As The Consumer Of Healthcare Services – Chosen Legal Aspects, Małgorzata Ganczar, Marcin Szewczak

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

The main aim of this article is to analyse key issues concerning patient rights in their capacity as consumers. The healthcare services market has been subject to dynamic development in recent years. For that reason, it is very important to be open to new forms of risk. The present situation in the healthcare services market is important, because a consumer able to clearly identify the character of the these services, will be able to protect his rights. Summing up, there is no doubt that the relation between consumer and patient are quite complicated, but on the other side, very important …

Contemporary Challenges Of Consumer Law, Ed. Bogusława Gnela, Kinga Michałowska, C.H. Beck, Warsaw 2015, Pp. 317 (Review By Iwona Miedzińska), Iwona Miedzińska

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

No abstract provided.

Rights Of Bus And Coach Transport Passengers As A Condition Of The Development Of Transport In The Eu, Agata Sobusiak

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

The article presents the main features of Regulation No 181/2011 of 16 February 2011 concerning the rights of passengers in bus and coach transport. The author analyzes passenger rights provided by this act in the context of the idea of the development of sustainable transport in the EU. The article presents the characteristics of coach and bus transport and indicates factors which shape its development.

Alberto De Franceschi (Ed.), European Contract Law And The Digital Single Market, Intersentia 2016, Pp. 266 (Review By Agnieszka Jabłonowska), Agnieszka Jabłonowska

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

No abstract provided.

Standard Contract Terms In Consumer Contracts Concluded Online From The Perspective Of Eu Law And The Case Law Of Cjeu, Agnieszka Kubiak-Cyrul

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

Almost all online consumer contracts are concluded using standard contract terms and model adhesion contracts. Conclusion of contracts using standard contract terms requires, however, respect for existing regulations aimed at protecting the weaker participants of electronic commerce, that is, consumers. The aim of this study is to present the problem of using a standardized template in consumer e-commerce in the context of the existing legal obligation place on the trader to provide the consumer with proper information. If required information was not provided before concluding a contract, the trader is obliged to confirm its content on a durable medium. This …

On The Choice Of The Way Of Seeking Compensation By Air Passengers Pursuant To Regulation No 261/2004, Dorota Ambrożuk

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

The aim of this article is to present issues concerning the choice of how air passengers are able to seek compensation referred to in Article 7 of Regulation No 261/2004, in the light of Article 12 and 16 of the said Regulation. The resolution of the Polish Supreme Court of 7 February 2014 is discussed. The author points out to problems arising from the position taken by the Supreme Court, which allows passengers to seek compensation before common courts as well as before the President of the Civil Aviation Authority. These problems are mainly due to the division of competences …

The Rights Of Passengers To Withdraw From The Carriage Contract And To One-Sidedly Modify Such Contract, Daniel Dąbrowski

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

The article discusses the right of passengers, granted to them by the Transport Law Act and the Maritime Code, to withdraw from the carriage contract without giving a reason, as well as their right provided only in the Transport Law Act, to one-sidedly modify the carriage contract. The author presents the essence and the scope of these rights, pointing out that they are applicable also in relation to those carriage contracts, which are subject to EU rules concerning the protection of passenger rights as well as the CIV convention. The author formulates also certain de lege ferenda proposals in relation …

Rights Of The Prosumer In The Electricity Market, Monika Przybylska

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

This article refers to the legal status of a prosumer as a participant of the electricity market or, more precisely, to an entity to which the legislator has granted the right to produce electricity from renewable energy sources in micro-installations. The considerations presented in this article are twofold, and thus coherent with the economic and legal concept of a prosumer in the market economy, including the electricity market. The analysis concerns, on the one hand, the prosecutor’s legal situation in the field of electricity generation activities as well as, on the other hand, the conditions of the use of self …

Consumer Class Action Against The Transport Carriers – Us And Eu Cases, Hanna Misiak

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

Class actions derive from the Anglo-Saxon legal tradition and yet they have recently appeared in the legal systems of the countries of continental Europe. In the United States, a class action is a reliable and sufficient instrument of redress used by consumers that act as passengers against transport carriers. The effectiveness of class actions in Poland and in other EU countries depends on the jurisdiction and the collaboration of the Member States.

Punishment Policy In Selected Decisions Of The President Of Uokik In The Telecommunication Services Market, Katarzyna Morawska

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

This article presents three decisions issued by the President of the Office of Competition and Consumer Protection (UOKiK) in December 2016 concerning the telecommunication services market. All of the proceedings described in this paper affect collective consumer interests and consumer rights.

Antitrust And Intellectual Property: A Brief Introduction, Keith N. Hylton

Faculty Scholarship

Intellectual property law and antitrust have been described as conflicting bodies of law, and the reason is easy to see. Antitrust law aims to protect consumers from the consequences of monopolization. Intellectual property law seeks to enhance incentives to innovate by granting monopolies in ideas or expressions of ideas. The purpose of this chapter is to explore the purported conflict between antitrust and intellectual property. The chapter is largely descriptive, and focuses on current or developing litigation rather than historical controversies. Many of the modern examples of conflict can be attributed to problems of classification.

When Antitrust Becomes Pro-Trust: The Digital Deformation Of U.S. Competition Policy, Frank A. Pasquale

Faculty Scholarship

No abstract provided.

Justice Scalia And Sherman Act Textualism, Alan J. Meese

Faculty Publications

No abstract provided.

The Bargaining Robot, Ramsi Woodcock

Law Faculty Scholarly Articles

The primary threat of the rise of the machines is not to competition itself, but to the bargaining power of consumers, given any level of competition in the market. By enabling firms to interact with each consumer on an individual basis, technology will permit firms to tailor price to the highest level each individual consumer is willing to pay and to use tailored marketing to break each consumer’s will to hold out for a better deal, reducing consumer welfare for any given level of competition. By giving consumers more outside options, the promotion of competition can limit the effects of …

Justice Scalia And Class Actions, Brian T. Fitzpatrick

Vanderbilt Law School Faculty Publications

I have been asked to write an essay on Justice Scalia's class action jurisprudence and although I suspect many readers will find this surprising because the Justice is so often linked to constitutional law, I actually think that his class action jurisprudence may be where his opinions leave some of the biggest marks. To be as blunt about it as the Justice himself would have been: for better or for worse, I am not sure any other Justice of the Supreme Court in American history has done more to hinder the class action lawsuit than Justice Scalia did.

The Justice …

A Case Of Overcorrection: How The Ftc’S Regulation Of “Unfair Acts And Practices” Is Unfair To Small Businesses, Jennifer L. West

William & Mary Law Review

No abstract provided.