Antitrust and Trade Regulation Commons^™

Monetary Penalties In The Broadcasting Act – Critical Analysis, Łukasz Gajek

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

The article is devoted to the analysis of provisions on monetary penalties contained in the Broadcasting Act. Assessed herein were the method of describing the characteristics of administrative delicts, the conditions for the application (imposition and calculation) of penalties, and the regulation of their execution (payment) in the context of the provisions of the Code of Administrative Procedure. One of the main criteria for the assessment of these provisions are the constitutional limits of the freedom to regulate administrative monetary penalties in the interpretation of the Constitutional Tribunal. The article also assessed the manner in which the Polish legislator implemented …

The Compensation Fund On The Telecommunication And On The Postal Market, Mateusz Chołodecki

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

The Universal Service (US) on the telecommunication and postal market is an obligation of EU Member States. The Universal Service Obligation (USO) can often cause fi nancial losses for the Universal Service Provider (USP). Thus, the USP is authorized to obtain fi nancing from the Compensation Fund (CF) only when the USO causes the USP fi nancial losses – such a situation is called the net cost. The main reason for this research is the fact that in recent years the USP on the telecommunication and on the postal market does not report the net cost. The aim of this …

Obligations Of Postal Service Providers And The Instruments Available To The President Of The Offi Ce Of Electronic Communications Regarding The Identifi Cation And Fighting Of Monopolistic Practices In The Postal Service Market In View Of The Resolution Of The European Parliament And Council (Eu) 2018/644, Elżbieta Małecka

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

The goal of the Digital Single Market is to increase the share of e-commerce in the total GDP of the EU. High prices and diffi culties in cross-border package delivery have been acknowledged as one of the greatest obstacles for the development of e-commerce throughout the European Union. Therefore, since 2016, the European Commission has been working on developing a resolution aimed at increasing price transparency and strengthening regulatory supervision over the services of cross-border package delivery in a way enabling the consumers and retailers to use lower delivery prices and favorable options of returning packages. The regulations of the …

Facultative Penal-Administrative Liability In Light Of The Amendment Of The Telecommunication Act Of 10 May 2018, Mariusz Czyżak

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

This article presents the amendments on facultative penal and administrative liability for the infringement of information and reporting obligations, and the failure to comply with obligations to obtain the consent of a subscriber or end user, introduced by the Telecommunication Act of 10 May 2018.

Overview Of Judgments Of The Supreme Court And The Common Courts In Telecommunications Matters From 2017–2019, Tomasz Soika

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

No abstract provided.

Confirmation On The Availability Of Funds (Caf) – Selected Legal Issues, Michał Masłowski

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

The main goal of the article is to conduct an analysis of binding provisions with reference to the confi rmation on the availability of funds (CAF) issue, also taking into account its anti-monopoly source in the adoption of the Second Payment Services Directive (PSD2). Unfortunately, jurisprudence has actually not yet tacked this issue. Hence the article refers to problems associated with the CAF regulation in the PSD2 and in the Polish Act on payment services. It also provides an analysis of this issue in the light of some selected legal problems, which stem from provisions related to the CAF. Moreover, …

Main Polish Publications Concerning The Postal Sector 2017–2018, Mateusz Chołodecki

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

No abstract provided.

Cars Activity Report 2018, Magdalena Kiełkiewicz

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

No abstract provided.

Analyzing Vertical Mergers To Avoid False Negatives: Three Recent Case Studies, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

This article analyzes three recent vertical mergers: a private antitrust case attacking the consummated merger of Jeld-Wen and Craftmaster Manufacturing Inc. (“CMI”) that was cleared by the DOJ in 2012 but subsequently litigated and won by the plaintiff, Steves & Sons in 2018; and two recent vertical merger matters investigated and cleared (with limited remedies) by 3-2 votes by the Federal Trade Commission in early 2019 -- Staples/Essendant and Fresenius/NxStage. There are some factual parallels among these three matters that make it interesting to analyze them together. First, the DOJ’s decision to clear Jeld-Wen/CMI merger appears to be a clear …

The Blue Devil's In The Details: How A Free Market Approach To Compensating College Athletes Would Work, David A. Grenardo

Pepperdine Law Review

Everyone involved in the business of major college athletics, except the athletes, receives compensation based on a free market system. The National Collegiate Athletic Association’s (NCAA) cap on athlete compensation violates antitrust law, and athletes should be allowed to earn their free market value as everyone else does in this country. This Article provides a detailed approach to compensating college athletes under a free market model, which includes a salary cap, the terms of a proposed standard player’s contract, a discussion of who can represent players, and payment simulations for football and basketball teams. A free market approach would not …

Alternative Dispute Resolution: Toward A Clear, Reliable And Effective Dispute Resolution System In Saudi Arabia, Ahmad Bedaiwi

SJD Dissertations

Saudi Arabia has declared its post-oil economic plan: Vision 2030 seeks to make the Kingdom "a global investment powerhouse" and disentangle national economic growth from oil revenues. This dissertation argues that jurisdictions like Saudi Arabia that hope to foster hospitable environments for foreign investment and efficient trade systems must establish effective dispute resolution systems that all business parties can trust. Alternative Dispute Resolution (ADR) mechanisms fit perfectly in this context. ADR has become increasingly prevalent and popular around the world; indeed, arbitration and other means of ADR have become universal methods for resolving disputes in international commerce.

Determining whether the …

Toward A Realistic Comparative Assessment Of Private Antitrust Enforcement, Daniel A. Crane

Book Chapters

Over the course of her extraordinary career, Eleanor Fox has contributed in many vital ways to our understanding of the importance of institutional analysis in antitrust and competition law. Most importantly, Eleanor has become the leading repository of knowledge about what is happening around the globe in the field of competition law and its enforcement institutions. At a time when much of the field of antitrust was moving in the direction of theoretical generalization, formal modeling, game theory, and the like, Eleanor tirelessly worked the globe to discover the actual practice of competition law in the world. She left no …

Advertising As Monopolization In The Information Age, Ramsi Woodcock

Law Faculty Scholarly Articles

Economists have long recognized that advertising has two main functions: to inform and to persuade. In the information age, the information function is obsolete, because consumers can get all the product information they want from a quick Google search. That makes virtually all advertising today purely persuasive in function. The courts have long recognized that purely persuasive advertising is anticompetitive, because it induces consumers to buy products that they do not really prefer, harming consumers and placing sellers of consumers’ preferred products at a competitive disadvantage. Antitrust enforcers must respond to the obsolescence of the information function of advertising by …

Coty, Amazon, And The Future Of Vertical Restraints: Evolving Distribution Norms On Both Atlantic Shores, Chris Sagers

Law Faculty Articles and Essays

No abstract provided.

A Knowledge Theory Of Tacit Agreement, Wentong Zheng

UF Law Faculty Publications

A persistent puzzle in antitrust law is whether and when an unlawful agreement could arise from conduct or verbalized communications that fall short of an explicit agreement. While courts have found such tacit agreements to exist in idiosyncratic scenarios, they have failed to articulate a clear and consistent logic for such findings. This Article attempts to fill this gap by proposing a unified theory of tacit agreement. It defines a tacit agreement as an agreement formed by non-explicit communications that enable the alleged coconspirators to have constructive knowledge of one another's conspiratory intent. This approach to tacit agreement is more …

Procompetitive Justifications In Antitrust Law, John M. Newman

Indiana Law Journal

The Rule of Reason, which has come to dominate modern antitrust law, allows defendants the opportunity to justify their conduct by demonstrating procompetitive effects. Seizing the opportunity, defendants have begun offering increasingly numerous and creative explanations for their behavior.

But which of these myriad justifications are valid? To leading jurists and scholars, this has remained an “open question,” even an “absolute mystery.” Examination of the relevant case law reveals multiple competing approaches and seemingly irreconcilable opinions. The ongoing lack of clarity in this area is inexcusable: procompetitive-justification analysis is vital to a properly functioning antitrust enterprise.

This Article provides answers …

Disagreeing Over Agreements: A Cross-Sectional Analysis Of No-Poaching Agreements In The Franchise Sector, Catherine E. Schaefer

Fordham Law Review

In October 2016, the Department of Justice Antitrust Division announced its intent to proceed criminally against parties to no-poaching agreements, or agreements between or among employers not to hire each other’s workers. Consequently, a wave of class action antitrust lawsuits has raised questions about the legality of no-poaching or no-hire provisions that certain franchised food businesses use. Fast-food restaurant chains, including McDonald’s, Carl’s Jr., and Pizza Hut, have recently found themselves embroiled in such litigation. This Note examines prior antitrust litigation involving no-poaching agreements between companies and discusses the differences and similarities between these cases and the cases involving franchised …

Does Crime Pay? Cartel Penalties And Profits, John M. Connor, Robert H. Lande

All Faculty Scholarship

This article seeks to answer a fundamental antitrust question: does crime pay? Do the current overall levels of U.S. cartel sanctions adequately discourage firms from engaging in illegal collusion? Seven years ago our research showed that the unfortunate answer was clearly that, yes, criminal collusion usually is profitable! The expected costs (in terms of criminal fines and prison time, civil damages, etc.) was significantly less than expected gains to the price fixers. Sadly, the most recent data re-affirm this conclusion.

The great majority of companies participating in illegal cartels make a profit even after they pay all the penalties. The …

Financial Regulation In The (Receding) Shadow Of Antitrust, Samuel N. Weinstein

Articles

Mounting evidence that a number of key industries in the U.S. economy have become less competitive in recent years is prompting a renewed national conversation about an enhanced role for antitrust enforcement. But there are limits on the anticompetitive conduct antitrust enforcers and private plaintiffs can reach, especially in regulated markets. This is due in part to the doctrine of implied antitrust immunity: when a court perceives a conflict between the antitrust laws (e.g., the Sherman Act) and a regulatory regime (e.g., the securities laws), it may find immunity for conduct that otherwise would violate the antitrust laws. Two Supreme …

Congestion Pricing Is Class Warfare. Here's A Better Idea., Ramsi Woodcock

Law Faculty Popular Media

Plans are afoot to charge drivers to enter Manhattan. But we need a fairer way to reduce traffic.