Antitrust and Trade Regulation Commons^™

Consumer, Web Surfer, Passenger, Patient, Monika Namysłowska

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

From the Volume Editor

Entire Issue Vol. 6 No. 3

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

Vol. 6(3)

Entire Issue Vol. 6 No. 4

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

Vol. 6(4)

Cars Activity Report 2016, Nina Łazarczyk

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

CARS Activity Report 2016

Entire Issue Vol. 6 No. 5

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

Vol. 6(5)

Entire Issue Vol. 6 No. 6

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

Vol 6(6)

Market Power And Inequality: The Antitrust Counterrevolution And Its Discontents, Lina M. Khan, Sandeep Vaheesan

Faculty Scholarship

In recent years, economic inequality has become a central topic of public debate in the United States and much of the developed world. The popularity of Thomas Piketty’s nearly 700-page tome, Capital in the Twenty-First Century, is a testament to this newfound focus on economic disparity. As top intellectuals, politicians, and public figures have come to recognize inequality as a major problem that must be addressed, they have offered a range of potential solutions. Frequently mentioned proposals include reforming the tax system, strengthening organized labor, revising international trade and investment agreements, and reducing the size of the financial sector.

One …

Antitrust Via Rulemaking: Competition Catalysts, Tim Wu

Faculty Scholarship

In its March 26, 2016 issue, The Economist magazine announced that "America needs a giant dose of competition." Its study of industry concentration and profits suggested that, after decades of consolidation, competition had decreased across a broad range of the American economy. An April 2016 issue brief by the Council of Economic Advisors reached similar conclusions, stating that "competition appears to be declining" due to "increasing industry concentration, increasing rents accruing to a few firms, and lower levels of firm entry and labor market mobility."

The promotion of competition in the American economy is a task that has traditionally fallen …

Constraining Monitors, Veronica Root

Journal Articles

Monitors oversee remediation efforts at dozens, if not hundreds, of institutions that are guilty of misconduct. The remediation efforts that the monitors of today engage in are, in many instances, quite similar to activities that were once subject to formal court oversight. But as the importance and power of monitors has increased, the court’s oversight of monitors and the agreements that most often result in monitorships has, at best, been severely diminished and, at worst, vanished altogether.

The lack of regulation governing monitors is well documented; yet, the academic literature on monitorships to date has largely taken the state of …

The Investment Protection Chapter Of The Eu-Singapore Free Trade Agreement: A Model For The Post-Brexit Uk Iias, Siraj Shaik Aziz

Research Collection Yong Pung How School Of Law

The impending British exit (Brexit) from the European Union has placed the UK's investment policy at a crossroads. A post-Brexit UK will now have to reorganise its investment relationships with its economic partners through bespoke UK IIAs. This exercise will have to accommodate the shifting Zeitgeist concerning the balance of investors' rights and the right to regulate IIAs that is expected. This paper examines the continued relevance of the recently minted Investment Protection Chapter in the EU-Singapore Free Trade Agreement, acknowledged by Britain's power brokers, as a persuasive model for the UK to emulate for this purpose. This is notwithstanding …

Amazon's Antitrust Paradox, Lina M. Khan

Faculty Scholarship

Amazon is the titan of twenty-first century commerce. In addition to being a retailer, it is now a marketing platform, a delivery and logistics network, a payment service, a credit lender, an auction house, a major book publisher, a producer of television and films, a fashion designer, a hardware manufacturer, and a leading host of cloud server space. Although Amazon has clocked staggering growth, it generates meager profits, choosing to price below-cost and expand widely instead. Through this strategy, the company has positioned itself at the center of e-commerce and now serves as essential infrastructure for a host of other …

Harmful, Harmless, And Beneficial Uncertainty In Law, Scott Baker, Alex Raskolnikov

Faculty Scholarship

This article examines the impact of four types of law-related uncertainty on the utility of risk-neutral agents. We find that greater legal or factual uncertainty makes agents worse off if enforcement is targeted (meaning that greater deviations from what the law demands lead to a greater probability of enforcement), or if sanctions are graduated (meaning that greater deviations from what the law demands result in higher sanctions). In contrast, agents are indifferent to changes in detection uncertainty induced by variation in enforcement resources or to changes in sanction uncertainty arising from legally irrelevant factors. Finally, risk-neutral agents benefit from greater …

Telemedicine Against The Background Of Polish Legal Rules - Opportunity Or Threat?, Monika Chojecka, Adam Nowak

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

Modern technology found in the diagnostic and treatment process of patients can be the future of medicine. This so-called “telemedicine” is also an important legislative issue. The article analyzes legal rules which are the cornerstone of this field in the Polish legal system. Special attention is placed on recent works devoted to the creation by the legislator of a new approach to the legal framework for telemedicine. The paper also contains an assessment of the effectiveness of the func-tioning of these legal solutions.

Prohibition Of Pharmacy Advertising – The Origins And The Evaluation Of The Regulation, Joanna Wiszniewska

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

The main purpose of this paper is to present the origin of the introduction of the prohibition of pharmacy advertising into the Polish legal system. The first part discusses the reasons why the partial prohibition of pharmacy advertising, related to reimbursed drugs, was implemented in 2007. The paper then focuses on the absolute prohibition of the advertising of pharmacies and their operations introduced in 2012, which constitutes the strictest regulation of such kind in Europe. This will give the opportunity to critically examine both the law and its implementation. In conclusion, the current initiatives to abolish the regulation will be …

Seller’S Liability For A Hazardous Product Brought By Him Into Poland From Another Eu Member State – Doubts Arising From Cases Relating To Medical Devices, Ewa Rutkowska, Barbara Trabszys

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

The article presents the problem of the incompatibility of the manner of the implementation of the term ‘importer’ into Polish law with respect to the issue of liability for a hazardous product with the provisions of Directive 374/85, and the problems which arise as a result with regard to liability of sellers bringing a product into Poland from another EU Member State. The article provides a proposal for the interpretation of the term ‘importer’ under Article 4495 § 2 of the Civil Code, until the necessary legislative change is made that would ensure the compliance of the Polish law with …

Consequences Of The New Reimbursement Act For Patients And The Public Payer, Józef Haczyński, Zofia Skrzypczak

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

The Act on the Reimbursement of Medicines, Foodstuffs Intended for Particular Nutritional Uses and Medical Devices came into force on 1 January 2012. Its purpose was to transform the Polish medicine reimbursement so that the available public funds corresponded as closely as possible to the current social needs in the supply of refunded products. The consequence of the new reimbursement act – experienced painfully by patients - was a decrease in the share of reimbursement (and thus increase in patients’ contribution) in the value of the purchased medicine on prescription (Rx).

System Of Fixed Prices For The Sale Of Prescription-Only Medicinal Products For Human Use By Phar-Macies As A Measure Having Equivalent Effect To A Quantitative Restriction On Imports. Case Comment To The Judgment Of The Court Of Justice Of The European Union Of 19 October 2016 In Case C 148/15: Deutsche Parkinson Vereinigung Ev V. Zentrale Zur Bekämpfung Unlauteren Wettbewerbs Ev, Tomasz Kaźmierczak

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

No abstract provided.

Rafał Stankiewicz, Krajowe Systemy Ochrony Zdrowia A Unia Europejska. Przykład Polski [National Healthcare Systems Vs. The European Union. The Polish Example] Wyd. Wolters Kluwer, Warszawa 2016, Ss. 455 (Mirosław Pawełczyk)., Mirosław Pawełczyk

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

No abstract provided.

Competition And Regulation In Dinamically Growing Sector Of Life Sciences, Marcin Kolasiński, Tadeusz Skoczny

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

From Volume Editors

Report On The National Conference “Biological Medicinal Products. Legal Aspects”. Warsaw, 2 December 2016, Natalia Łojko

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

Warsaw, 2 December 2016