Uokik President As The Authority Competent In Cases Of Practices Consisting Of An Unfair Use Of Superior Bargaining Power – Critical Remarks,
2017
Doktor habilitowany nauk prawnych; profesor Wyższej Szkoły Informatyki i Zarządzania w Rzeszowie; of-counsel w kancelarii Modzelewska&Paśnik w Warszawie
Uokik President As The Authority Competent In Cases Of Practices Consisting Of An Unfair Use Of Superior Bargaining Power – Critical Remarks, Agata Jurkowska-Gomułka
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article provides an analysis of the provisions of the Act on Counteracting Unfair Use of Superior Bargaining Power from an institutional perspective. A set of arguments is presented supporting the view of the incorrectness of the provision whereby the UOKiK President is responsible for the implementation of this Act. The rules of the Act on Competition and Consumer Protection provide a point of reference for the analysis contained in this article. The author stipulates that competences with respect to counteracting the unfair use of superior bargaining power should be transferred from the UOKiK President to a specialized administrative body …
Relation Between The General Clause And The Example Catalogue Of Unfair Practices In The Act On Combating The Unfair Use Of Superior Bargaining Power In The Trade In Agricultural And Food Sector,
2017
Adwokat; współpracownik kancelarii Baker & McKenzie Krzyżowski i Wspólnicy sp. k.; przygotowuje doktorat pod kierunkiem dr hab. Anny Zawidzkiej-Łojek
Relation Between The General Clause And The Example Catalogue Of Unfair Practices In The Act On Combating The Unfair Use Of Superior Bargaining Power In The Trade In Agricultural And Food Sector, Katarzyna Manteuffel, Mikołaj Piaskowski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article presents an analysis of the relation between the general clause provided in Article 7(2) of the Act on Combating the Unfair Use of Superior Bargaining Power in the Trade in Agricultural and Food Sector and the example catalogue of unfair practices listed in Article 7(3) of this Act. The authors consider also the function of the general clause included in this Act as well the scope of particular example practices expressly described therein.
Joint And Several Liability Of The Perpetrators Of Competition Law Violations In The Draft Act On Claims For Damages Caused By A Competition Law Infringement Of 7 February 2017 – Subjective Aspect,
2017
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Joint And Several Liability Of The Perpetrators Of Competition Law Violations In The Draft Act On Claims For Damages Caused By A Competition Law Infringement Of 7 February 2017 – Subjective Aspect, Aleksandra Milewska
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The purpose of this article is to analyze issues related to the design of joint and several liability of cartel members provided for in the act on claims for damages caused by a competition law infringement of 7 February 2017. The latter implements into the Polish legal system 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. The author presents considerations relating to exceptions provided in this law with …
Does Fifa’S Ban On Third-Party Ownership Infringe Eu Competition Rules?,
2017
Doktorant w Katedrze Prawa Gospodarczego Publicznego na Wydziale Prawa Uniwersytetu w Białymstoku
Does Fifa’S Ban On Third-Party Ownership Infringe Eu Competition Rules?, Radosław Niwiński
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article refers to the mechanism of third-party ownership (TPO) in football. The author confronts the transfer market sectors with the necessity of external funding by investment funds. The author emphasizes the meaning of Brussel’s court decision in case Doyen Sport & Seraing United vs FIFA, UEFA and Belgium Football Association, which refers to the conformity of FIFA’s ban on TPO with Article 101 and 102 TFEU. The author compares this decision with CJEU jurisprudence related to the sport sector.
The Franchise Paradox. Decision Of The Uokik President No Dkk-191/2016 In The Case Of Concentration Of Eurocash/Eko Holding,
2017
Adwokat, Kancelaria „Modzelewska i Paśnik” sp.k.
The Franchise Paradox. Decision Of The Uokik President No Dkk-191/2016 In The Case Of Concentration Of Eurocash/Eko Holding, Szymon Gołębiowski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
No abstract provided.
Report On The Conference ‘New Prohibited Practices Of Retail Chains? The Act On Counteracting The Unfair Use Of Bargaining Power In The Trade In Agricultural And Food Products’. Warsaw, 30.11.2016,
2017
University of Information Technology and Management
Report On The Conference ‘New Prohibited Practices Of Retail Chains? The Act On Counteracting The Unfair Use Of Bargaining Power In The Trade In Agricultural And Food Products’. Warsaw, 30.11.2016, Agata Jurkowska-Gomułka
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Warsaw, 30.11.2016
Collecting Evidence And Hearing Cases In The Polish Draft Act On Claims For Damages Arising From Competition Law Infringements,
2017
Doktor nauk prawnych; adwokat (Warszawa)
Collecting Evidence And Hearing Cases In The Polish Draft Act On Claims For Damages Arising From Competition Law Infringements, Patrycja Szot
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
This article presents a brief overview of the draft act on claims for damages arising from competition law infringements implementing into the Polish legal system the Damages Directive 2014/104/EU. It focuses on procedural provisions that facilitate actions for damages caused by infringements of competition law. The article covers the issue of evidence collection, necessary to prove the infringement and the resulting harm, as well as the hearing of such cases. The article accounts also for institutions such as presumption of fault and harm as well as the passing-on of overcharges, estimation of harm and access to evidence by way of …
The Protection Of Small And Medium-Sized Enterprises From Exploitation By Big Market Players (Relation B2b),
2017
Doktor habilitowany nauk prawnych; adiunkt w Zakładzie Prawa Mediów Wydziału Dziennikarstwa, Informacji i Bibliologii Uniwersytetu Warszawskiego
The Protection Of Small And Medium-Sized Enterprises From Exploitation By Big Market Players (Relation B2b), Michał Zaremba
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article presents arguments in favor of strengthening the protection mechanisms for small and medium-sized enterprises against economic exploitation by large companies. Apart from discussing the economic conditions and features of this phenomenon, presented are also national provisions that currently protect domestic entrepreneurs against exploitation. Moreover, a catalogue of prohibited practices, which should be implemented into the legal system either by means of appropriate judicial practice or by introducing some changes into legislation, has been created and is proposed in the article.
Combating Unfair Use Of Superior Bargaining Power In The Food Retail Sector In Germany,
2017
Radca prawny
Combating Unfair Use Of Superior Bargaining Power In The Food Retail Sector In Germany, Wojciech Łyszczarz
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The adoption of the new Law on Combating Unfair Use of Superior Bargaining Power in the Trade in Agricultural and Food Products constitutes a good opportunity to compare legal provisions applicable in different states of the European Union in this regard. German solutions are particularly interesting. This is a result of, amongst others, assumptions and solutions introduced in Germany, which are analogous to those on which the Polish provisions are based. This paper summarizes the history of German regulation, theories of harm related to its introduction, its practical application and a recent pilot decision of the German competition authority seeking …
Limitation Of Claims For Damages Arising From Competition Law Infringements – Polish Attempt To Implement The Damages Directive With Respect To Limitation Periods,
2017
Asystentka w Katedrze Prawa Gospodarczego Publicznego na Wydziale Prawa Uniwersytetu w Białymstoku
Limitation Of Claims For Damages Arising From Competition Law Infringements – Polish Attempt To Implement The Damages Directive With Respect To Limitation Periods, Anna Tworkowska-Baraniuk
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The Polish legislator faces the introduction of the Act on claims for damages arising from competition law infringements. The above Act comprehensively regulates the issue of private enforcement. The implementation of the new legislation is necessary due to the laps (as of 27 December 2016) of the deadline for the implementation into national legislation of the Member States of the European Union of 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 …
Is A Legal Definition Of A Cartel Necessary? Discussion Based On The Proposal Of The Definition Of A ‘Cartel’ Included In The Draft Act On Claims For Damages Arising From Competition Law Infringements,
2017
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Is A Legal Definition Of A Cartel Necessary? Discussion Based On The Proposal Of The Definition Of A ‘Cartel’ Included In The Draft Act On Claims For Damages Arising From Competition Law Infringements, Kamil Kłopocki
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The Polish draft of the act on claims for damages arising from competition law infringements implements 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. Therein, a definition of a ‘cartel’ has been, for the first time, included in the Polish legal system. Not unlike its predecessors, the Polish legislature defined in the Act of 16 February 2007 on competition and consumer protection the term ‘agreement’ which infringes competition. …
Liability Under Competition And Criminal Law Of A Natural Person In Connection To Entering Into Collusive Tendering By An Entrepreneur,
2017
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Liability Under Competition And Criminal Law Of A Natural Person In Connection To Entering Into Collusive Tendering By An Entrepreneur, Paulina Korycińska-Rządca
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article discusses mutual relations between the scope of administrative and criminal liability of a natural person for intentionally engaging an entrepreneur in collusive tendering. Presented first are legal provisions on administrative and criminal liability of a natural person with relation to engaging an entrepreneur in collusive tendering. Subsequently, the existing differences between the subject and the object of those provisions are described, indicating the arrears where the concurrence of the basis of a natural person’s liability in connection to collusive tendering may occur, and the arrears where there is no legal basis to impose a penalty on such a …
Analysis Of Essential Issues Related To The Act On Counteracting The Unfair Use Of Superior Bargaining Power In The Trade In Agricultural And Food Products – What Changes In Polish Law?,
2017
Doktorantka w Katedrze Prawa Gospodarczego Publicznego Uniwersytetu Szczecińskiego; pracownik Departamentu Ochrony Konkurencji w UOKiK
Analysis Of Essential Issues Related To The Act On Counteracting The Unfair Use Of Superior Bargaining Power In The Trade In Agricultural And Food Products – What Changes In Polish Law?, Małgorzata Salitra
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article presents selected provisions contained in the Act of 15 December 2016 on counteracting the unfair use of superior bargaining power in the trade in agricultural and food products, which has been prepared by the Ministry of Agriculture and Rural Development. The Act provides for an administrative fine for the unfair use of superior bargaining power. A proceeding of this nature shall be initiated by the President of UOKiK ex officio, rather than by request of any party to such proceeding. However, any entrepreneur with a reasonable suspicion of being the subject to a practices involving the unfair use …
Tort Liability Of The Eu For The Infringement By The Court Of The Right To The Resolution Of A Case Within A Reasonable Time. Judgment Of The Court Of The Eu Of 10 January 2017 In Case T-577/14 Gascogne Sack Deutschland And Gascogne V Eu,
2017
Doktor nauk prawnych; prawnik w kancelarii Clifford Chance
Tort Liability Of The Eu For The Infringement By The Court Of The Right To The Resolution Of A Case Within A Reasonable Time. Judgment Of The Court Of The Eu Of 10 January 2017 In Case T-577/14 Gascogne Sack Deutschland And Gascogne V Eu, Marta Michałek-Gervais
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
No abstract provided.
On Commitments Of An Undertaking. Judgment Of The Court Of The Eu Of 15 September 2016 In Case T-76/14 Morningstar, Inc. V The Commission,
2017
Studentka V roku prawa na Wydziale Prawa Uniwersytetu w Białymstoku
On Commitments Of An Undertaking. Judgment Of The Court Of The Eu Of 15 September 2016 In Case T-76/14 Morningstar, Inc. V The Commission, Elwira Konopko
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
No abstract provided.
Rafał Stankiewicz, Rationalization Model Of Access To Medical Products C.H. Beck, Warsaw 2014, P. 537,
2017
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Rafał Stankiewicz, Rationalization Model Of Access To Medical Products C.H. Beck, Warsaw 2014, P. 537, Andrzej Powałowski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Book review
Report On The Fifth Polish-Portuguese Phd Students Conference On Competition Law. Białystok, 14.10.2016,
2017
Department of Public Economic Law at the University of Białystok
Report On The Fifth Polish-Portuguese Phd Students Conference On Competition Law. Białystok, 14.10.2016, Magdalena Knapp, Radosław Niwiński
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Białystok, 14.10.2016
Market Power In The U.S. Economy Today,
2017
American University Washington College of Law
Market Power In The U.S. Economy Today, Jonathan Baker
Presentations
Market concentration measures the extent to which market shares are concentrated between a small number of firms. It is often taken as a proxy for the intensity of competition. Indeed, in recent years changes in concentration have increasingly been used to argue that the intensity of competition is falling, that the growth of large firms with high market shares is driving up profits, damaging innovation and productivity, and increasing inequality. Some have argued that the competition rules need to be rewritten and a crackdown by overly antitrust agencies is required. The simplicity of this framing has found supporters across the …
The Never-Ending Quest For Clarity Amidst Uncertainty: Hospital M&A And Antitrust Scrutiny,
2017
University of San Diego
The Never-Ending Quest For Clarity Amidst Uncertainty: Hospital M&A And Antitrust Scrutiny, Ross E. Bautista
San Diego Law Review
Although critics say hospitals justify mergers in the same way as they did during the M&A boom of the 1990s, these critics frequently link the current wave of mergers with the purpose of becoming more integrated and efficient to achieve the level of cost savings and improved quality that the United States and patients currently require. However, the results from hospital consolidation remain uncertain because of the limited and mixed evidence about its impact on quality of care and price. Part I of this Article discusses the recent surge in hospital M&A activity. Part II brings some clarity by discussing …
The Politics Of Professionalism: Reappraising Occupational Licensure And Competition Policy,
2017
University of Maryland Francis King Carey School of Law
The Politics Of Professionalism: Reappraising Occupational Licensure And Competition Policy, Sandeep Vaheesan, Frank A. Pasquale
Faculty Scholarship
No abstract provided.
