Antitrust and Trade Regulation Commons^™

Bid Rigging – A Practical Review Of Risks. Judgment Of The Court Of Competition And Consumers Protection Of 8 November 2018, Ref. Xvii Ama 26/16, Antonina Falandysz-Zięcik

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

No abstract provided.

Moment Of Initiation Of Antitrust Proceeding – The Moment Of Issuing Or The Moment Of Delivering A Statement On Initiating The Proceeding? Judgment Of The Court Of Competition And Consumers Protection Of 6 June 2018, Ref. Xvii Ama 48/15, Anna Żochowska-Sychowicz

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

No abstract provided.

From The Judgment In The Pierre Fabre Case To The Decision In The Guess Case. An Attempt To Defi Ne The Status Quo Regarding Restraints Related To Online Distribution While Waiting For The Results Of The Review Of Vertical Block Exemptions, Marta Dominika Banaś, Mikołaj Piaskowski

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

Alongside the popularity growth of selective distribution systems, the evaluation of the admissibility and risks related to restrictions, especially in the Internet, imposed by suppliers onto distributors becomes more of a current issue. This paper analyses the approach to this problem expressed by competition authorities and courts starting from the Pierre Fabre case and to the most recent Guess case. It also aims to show the key issues that should be considered within the consultation process conducted by the Commission related to Regulation 330/2010 and the related Guidelines.

Online Sale Restrictions In Franchising Agreements, Fabian Elżanowski

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

The rules applicable to franchising agreements under EU competition law are the main focus of this article. This publication elaborates on the economic nature of franchise distribution systems and the regulatory framework in place. The application of the ancillary restraints doctrine to franchising agreements is reviewed. The article outlines recommended changes to EU competition policy with respect to restrictions on online sale in franchise distribution systems.

Pre-Contractual Disclosure Obligation In A Franchise Agreement. Comparative Legal Analysis Based On Polish Legislation And Selected Jurisdictions, Magdalena Kowalczuk-Szymańska

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

The article focuses on the presentation of the issue of pre-contractual disclosure obligation in franchisor – franchisee relations and distribution systems based on a franchise agreement. The author presents not only the approach to this subject matter under Polish law, but also the regulations in force in other jurisdictions, both in Europe and worldwide. The analysis of different national legislation, sometimes also at the domestic level (United States of America), makes it possible to assess which of the models seems to be the most suitable for the principle of fair play in business, balancing the interests of both parties of …

Termination Of A Distribution Agreement, Olga Sztejnert-Roszak

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

The subject of the article is to analyze the issue of the possibility and mode of termination of a distribution agreement concluded under Polish law, which is an unnamed contract in the meaning of Polish civil law. Distribution agreements, often concluded in an informal manner, do not provide for reasons for their termination, either by notice or immediately. However, their termination is possible, although it is disputable in Polish literature, for example, whether a distribution contract concluded for an defi nite term can be terminated upon notice before the expiry of the period for which it was concluded, and whether …

Joint Selling Groups As A Potential Counterweight Of Purchasing Power Of Joint Purchasing Groups, Eliza Iwaniszyn

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

Joint selling agreements (alliances) remain one of the least popular topics in antirust literature. As a rule, they are acceptable under current regulations, however their practical application is subject to numerous restrictions and concerns. This article is an attempt to take up on a rather diffi cult legal subject matter which, in the era of progressive consolidation of entrepreneurs, may have considerable practical signifi cance. The article includes, fi rst of all, a quick look at the regulation of purchasing and sales groups from the United States, EU and Polish perspective. Secondly, it presents the areas of the largest antitrust …

Vii Convegno Antitrust Di Trento, Trident (Italy), 11–13 April 2019, Grzegorz Materna

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

No abstract provided.

Seminar ‘Aiding And Abetting As A Special Form Of Participation In Antitrust Agreements – In Light Of Eu And Polish Law’, Inp Pan, Warsaw, 3 April 2019, Artur Szmigielski

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

No abstract provided.

Temptation To Tamper: The Ineffectiveness Of The Nba's Anti-Tampering Policy And Why The League May Be Forced To Take Drastic Measures To Fix It, Colin Rizzo

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Dark Side Of Reputation, Emily Kadens

Cardozo Law Review

This Article seeks to contribute to the literature challenging the role of reputation in disciplining commerce. The historical disputes discussed here, which arose in the supposedly privately-ordered zone of the premodern merchant, add nuance to our understanding of how commerce works in the real world. Part I briefly reviews some of the problems the economic and network theory literature has identified with reputation. Part II turns to the history and demonstrates how trust could be cheaply manufactured due in part to potential partners' failure to look beyond superficial indicia of reputation. Part III then considers why reputation might have been …

Scrutinizing Anticompetitive State Regulations Through Constitutional And Antitrust Lenses, Daniel A. Crane

Articles

State and local regulations that anticompetitively favor certain producers to the detriment of consumers are a pervasive problem in our economy. Their existence is explicable by a variety of structural features—including asymmetry between consumer and producer interests, cost externalization, and institutional and political factors entrenching incumbent technologies. Formulating legal tools to combat such economic parochialism is challenging in the post-Lochner world, where any move toward heightened judicial review of economic regulation poses the perceived threat of a return to economic substantive due process. This Article considers and compares two potential tools for reviewing such regulations—a constitutional principle against anticompetitive parochialism …

Ccsi Submits Written Views To Us Department Of State Regarding Uncitral’S Working Group Iii, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In connection with the US Department of State’s Annual Advisory Committee on Private International law meeting in May 2019, CCSI submitted written views regarding UNCITRAL’s Working Group III on ISDS reform. CCSI’s comments highlighted specific areas of CCSI’s research as it relates to the US Government and its work within the Working Group. Specifically, US investment treaty negotiating objectives specify that covered foreign investors in the United States should not be accorded greater substantive rights than domestic investors. CCSI highlights the ways in which greater procedural rights afforded under investment treaties to foreign investors in practice result in greater substantive …

A Brand-Name Drug Company May Violate Section Two Of The Sherman Act By Mislabeling A Submitted Patent In The Orange Book: An Implication From In Re Actos End-Payor Antitrust Litigation, 848 F.3d 89 (2d Cir. 2017), Ping-Hsun Chen

Brooklyn Journal of Corporate, Financial & Commercial Law

The Hatch-Waxman Act encourages generic drug companies to submit an abbreviated new drug application (“ANDA”) for a generic version of a drug approved by the U.S. Food and Drug Administration (“FDA”). Nevertheless, a mechanism exists for a brand-name drug company to adjudicate a patent infringement dispute before the FDA approves an ANDA. The mechanism includes the regulatory scheme of patent information submission implemented by the FDA. 21 U.S.C. § 355(b)(1) requires that patent information be correct. False patent information destroys the objectives of the Hatch-Waxman Act. In re Actos End-Payor Antitrust Litigation, 848 F.3d 89 (2d Cir. 2017), may demonstrate …

Air Banned And Barred: Why New York City's Affordable Housing Crisis Has No Room For Short-Term Rentals, Wilson Chow

Brooklyn Journal of Corporate, Financial & Commercial Law

In August 2018, New York City passed a law that required short-term rental websites to disclose information about their users who host in the city. Airbnb, the largest short-term rental company, filed suit with hopes of having short-term rentals legalized. The law stems from the city’s efforts to amelioerate its affordable housing crisis. With over 8.5 million residents living in a tight housing market, New York City should not allow home owners or rental tenants to commercialize their property into de facto hotels that will likely provide accommodations to tourists. This Note will examine the recent law’s impact on New …

Implementing The Extraterritoriality Principle To Strengthen Competition Law Enforcement In Indonesia In The Aec Era: A Comparative Study, Muhammad Rifky Wicaksono, Kusuma Raditya, Laurensia Andrini, Muhammad Hawin

Indonesia Law Review

The regional economic integration that ensues from the ASEAN Economy Community will provide its members not only with boundless opportunities for economic growth, but also with unprecedented challenges. The demands of a more interconnected regional economy would require the Indonesian government, as guardians of the competitive process in the Indonesian market, to protect it from anticompetitive conduct caused from both within and outside of its borders. However, there is a major gap since Indonesia’s current competition law does not provide KPPU with the jurisdiction to investigate, prosecute or punish violations committed by business actors located outside of Indonesia’s territory. Thus, …

Defining Unreasonable Radius Clauses For American Music Festivals, Trevor Lane

Seattle University Law Review

Since 1969, the music festival remains a staple of American musical culture, and in order to meet consumer demands, today’s music festival promoters rely on radius clauses ancillary to the performance agreements that they use with artists. These radius clauses limit artists’ ability to perform at other music festivals and concerts within a specified temporal and geographic radius of the contracted music festival. Beginning in 2010, legal challenges have alleged that broadly defined radius clauses used by music festival promoters violate Section 1 of the Sherman Antitrust Act. This Note contends that radius clauses which limit artists from performing beyond …

Compensation Is All-American: Former College Football Star Chris Spielman’S Case Against His Alma Mater And How It Could Affect The Ncaa’S Amateurism Rules, Jason Mcintyre

Pace Law Review

The lawsuit, Spielman v. IMG College, arose when Ohio State University (“OSU”) entered into a marketing deal through their marketing agency, IMG College (“IMG”), with corporations Honda Motor Co. (“Honda”) and Nike USA Inc. (“Nike”), to hang banners depicting images of former college athletes at school sporting events. Charles “Chris” Spielman, the named Plaintiff and former NCAA football player at OSU, brought this lawsuit because he claims that OSU and IMG unreasonably and illegally restrained trade by denying him the right to profit from his name, image, and likeness.

This case plays a role in the ongoing conversation of whether …

Memorandum For The Secretary Of State, The Secretary Of The Treasury, The Secretary Of Homeland Security, The Postmaster General, The Chairman Of The Postal Regulatory Commission, Magdalena Kiełkiewicz

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

Originally written by Donald J. Trump.

Overview Of Judgments Of Administrative Courts In Telecommunications Matter From 2017–2019, Tomasz Soika

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

No abstract provided.