Antitrust and Trade Regulation Commons^™

A Party Injured By A Competition Law Delict. Review Article Of A Monograph By Marek K. Kolasiński, Legal Instruments For Injured Or Threatened By A Violation Of Competition Law In The United States Law The European Union Law, Tnoik, Toruń 2016, P. 570, Sławomir Dudzik

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

Review article of the monograph by Mark K. Kolasinski, Legal instruments available to those harmed or threatened by antitrust violations in United States and European Union law, TNOiK, Torun 2016, pp. 570

Character And Control Over Decisions Issued By The Patent Office In A Contradictory Proceeding, Łukasz Zimończyk

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

In this paper, the author presents the characteristics of contradictory proceedings conducted by the Polish Patent Office. The paper covers initial findings, findings issued in the course of the proceedings, as well as essential findings, in particular decisions issued by the Patent Office. Noted is also the issue of judicial-administrative control of the decisions and findings issued in the course of the contradictory proceeding. The analysed issues have so far not been considered by legal literature, even though the importance of this type of proceeding is increasing, also in the context of the growing number of research projects and the …

The Eyes Of The World Are Watching You Now: Colin Kaepernick's Collusion Suit Against The Nfl, Matthew Mcelvenny

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Importance Of ‘Reservations’ Regarding A Notified Concentration In Proceedings Before The President Of Uokik And Their Similarity To The Statement Of Objection, Anna Sadkowska

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

The institution of ‘reservations’ towards a concentration of entrepreneurs exists in the Polish law since 18 January 2015, it was introduced into the 2007 Act on the protection of competition and consumers by the Amending Act of 10 June 2014. There are two different positions of doctrine concerning the relation of Polish ‘reservations’ and the EU ‘Statement of Objection’ (SO) – list of objections presented in proceedings conducted by the European Commission with respect to concentrations with community dimension. Statements of objections are regulated in Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations. The …

The Eu Geo-Blocking Regulation: Much Ado About Little?, Laura Zoboli

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

Geo-blocking can be defined as a digital instrument aimed at segmenting the purchase of applications online, on the basis of the nationality, place of residence or place of establishment of customers. The scope of the article is – first – to frame the geo-blocking phenomenon within the activity of the European Commission – starting from the digital single market strategy and then focusing on the data collected within the sector inquiry into e-commerce. Second, the article will discuss Regulation (EU) 2018/302, which entered into force last 22 March 2018 and applies from 3 December 2018. In particular, the article deals …

The 2017 Amendment To The Administrative Procedure Code And Fines For A Breach Of The Prohibition Of Competition Restricting Conduct, Marcin Kulesza

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

This study is dedicated to fines imposed by the Polish competition authority (President of UOKiK) on the basis of Articles 106 and 106a of the Competition and Consumer Protection Act of 16 February 2007 in the context of general provisions regarding fines introduced by the 2017 amendment to the Administrative Procedure Code. The introduction presents the scope of the amendment of the Code and its relation to the provisions concerning proceedings before the Polish competition authority and to the imposition of fi nes by the President of UOKiK. The second part briefly describes positions of the judiciary and doctrine as …

On The Evolution Of The Conditions For The Provision Of Tourist Services From The Perspective Of Consumer Interest, Piotr Cybula

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

The aim of the article is to illustrate the evolution of the conditions for the provision of tourist services from the point of view of the interests of consumers of these services. The author distinguishes three trends. First is the general liberalization tendency. The second is the reverse process related to fi nancial security in case of insolvency of tour operators and travel brokers, and, since 1 July 2018, also tour operators and traders facilitating linked travel arrangements. The third trend is the modification of the scope of some other regulations (partial liberalisation, partial regulation) for businesses operating as tour …

Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Establishment Of The Antitrust Division Of The U.S. Department Of Justice, Gregory J. Werden

St. John's Law Review

(Excerpt)

To fill in the knowledge gaps, this Article proceeds largely in reverse chronological order. First, it reviews Order No. 2507 and related circumstances, finding clear and convincing evidence that the Order did not create the Antitrust Division. Next, the Article examines the prior tenure of AG Cummings, finding clear and convincing evidence that the Antitrust Division existed before Roosevelt became President and Cummings became AG, and that Cummings lowered the standing of the Antitrust Division within the DOJ prior to issuing Order No. 2507. Finally, the Article scours the prior history of the DOJ and determines that the Antitrust …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

World Trade, Imperial Fantasies And Protectionism: Can You Really Have Your Cake And Eat It Too?, Csongor I. Nagy

Indiana Journal of Global Legal Studies

Populism is telling voters what they want to hear, knowing that it is neither true, nor feasible. Lately, trade and economic integration has seen the spread of untrue and unfeasible tenets, which have proved to be highly popular and have received a warm welcome. Fueled by imperial fantasies and nostalgia for the long-gone era of protectionism, the tectonic movements of world trade have generated a good deal of populist resistance based on the self-delusion that the Gordian knot of world trade needs not to be disentangled but can be simply cut. Unfortunately, however popular and appealing these allegations are, they …

New Regulation Of Reserve Sales Of Electricity, Paweł Konrad Domagała

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

The energy sector in Poland has undergone many revolutionary changes in recent years. One of the most important is the liberalization of the electricity market. The possibility to change the electricity supplier exists since 1 July 2007, abolishing the pre-existing regionalization that had resulted in the assignment of end users to top-down electricity sellers. The possibility to change the electricity seller to entities with a weaker market position was inseparably connected with the risk of them ceasing to provide services to end-users. Until 2016, this was only a vague vision expressed by market pessimists. However, this problem has now become …

A Few Remarks About Limitation Periods Of Fines In The Energy Law Act, Michalina Szpyrka

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

The purpose of this article is to present the institution of limitation periods of fines derived from the Energy Law Act. The institution of limitation periods is important in the context of legal certainty, because an individual must have knowledge to what an extent, including time, public administration authorities have the power to regulate its legal position. The issue of limitation periods of fines based on the Energy Law Act was not clearly settled by the doctrine or judicature. It was thus necessary to analyze and outline the development of this institution in the period of the applicability of the …

Report On The Second Conference Of Young Scientists Of Administrative Law “Poviat And Voivodship Self-Government – Assessment Of Functioning And Challenges For The Future”, Karolina Chról

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

No abstract provided.

Comments On The Concept Of “Energy From Renewable Sources” In European Union Law, Magdalena Porzeżyńska

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

The objective of Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 (as well as its replacement Directive 2018/2001 of 11 December 2018) on the promotion of the use of energy from renewable sources, is to increase the use of renewable energy sources. The starting point for any further considerations in terms of issues regulated by those legal acts should be systematizing the terminology related to the concept of energy from renewable sources. It should be noted that these issues remain largely unexplored in greater death by literature. Therefore, the subject of this article is …

Railway Service Facilities And Services Provided To Rail Carriers In The Activity Of Energy Companies, Marek Stolorz

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

The aim of this article is to present the situation of entities operating on the energy market that are owners, managers or operators of railway service facilities, a concept that emerged as a result of amendments to the Railway Transport Act in connection with the implementation of EU directives. Many of these facilities are related to energy, and as a result, these entities have also been affected by the need to comply with applicable regulations. They impose certain obligations, the most important of which is providing access to those facilities. The article presents these issues and indicates the divergences between …

Regulatory Challenges In The Use Of Renewable Gases, Dagmara Dragan, Wojciech Modzelewski

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

Renewable gases gradually appear on the European energy market as possible alternatives to natural gas. Renewable gases include biogas, biomethane and hydrogen as well as synthetic gas. The extensive use of renewable gases in the future and their important role, not only in covering the energy demands in the European Union but also in terms of their impact on the climate and possible contribution to achieving the Paris Agreement objectives, are very clearly emphasized. The production, supply or distribution of renewable gas with a gas network are areas that must be regulated at least to a minimum extent. European legislators …

Genesis And Legal Status Of The Guarantee Document Of The Origin Of Energy From Renewable Sources, As A Document Confirming The Environmental Footprint, In The Light Of National Regulations. Comments De Lege Ferenda, Maciej Kapalski

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

The main reason for the development and support of energy production from renewable sources is the energy and climate policy of the European Union focused on increasing the efficiency of the use of available resources. This is particularly important in the context of the “3 × 20%” package, which provides for a reduction of greenhouse gas emissions, increase of energy efficiency and renewable energy growth at 20% in 2020, and in Poland to a level of at least 15%. The aim of this article is to analyze and evaluate legal regulations concerning the institution guaranteeing the origin of energy from …

Renewable Energy Sources In The Context Of Social Solidarity – An Introduction To Related Issues, Radosław Mędrzycki

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

The representatives of administrative law science exhibit an increasing interest in matters of renewable energy sources. Among more detailed issues, the axiology concerning renewable energy sources is being investigated to a far greater depth. Axiology issues are the main focus of this paper. The author tries to establish whether it is viable to correlate the development and use of renewable energy sources with the principle of solidarity understood as an intergenerational relation. The conducted research leads to the conclusion that such relation is possible on axiological and legal grounds.