Antitrust and Trade Regulation Commons^™

Energy Drink Regulations: Why The Time For More Fda Authority Is Not Ripe And How States Can Protect Children Without Unjustly Infringing On Adult Autonomy, Larry D. Treat

Journal of Food Law & Policy

In December of 2011, Anais Fournier ("Anais"), a fourteen-year-old from Maryland, was at the mall with her friends when she drank a twenty-four ounce Monster energy drink. Within twenty-four hours, Anais consumed a second twenty-four ounce energy drink. Together, the two Monster energy drinks Anais consumed contained around 480 milligrams ("mg") of caffeine. A few hours after the second drink, Anais went into cardiac arrest and later died from cardiac arrhythmia. An autopsy found that caffeine toxicity caused Anais's arrhythmia and impeded her heart's ability to pump blood. As it turns out, Anais suffered from a preexisting heart condition called …

2016 China Food Law Update, Michael T. Roberts, Ching-Fu Lin

Journal of Food Law & Policy

This update of China food law builds on a unique feature for the Journal of Food Law & Policy that has been provided since the Journal's inception - separate food law updates for both the United States and European Union. "Recognizing the globalness of the modem food system, these updates have served an invaluable role in keeping scholars and practitioners abreast of the world's leading food regulatory systems." China's emergence as a developed, modem food regulatory system with the potential of being a leading food regulatory system makes sense given its position as a world economic powerhouse. China's role in …

Other Markets, Other Costs: Modernizing Antitrust, Jeffrey L. Harrison

UF Law Faculty Publications

Today’s antitrust law is characterized by stagnation and indeterminacy. The failure is so thorough that it is not clear that U.S. competition law actually leads to any outcomes that are defendable except at the most superficial level. Moreover, when enforcement does result in a desirable outcome, it not clear that it is the best outcome. The principal reason for this state of affairs is that antitrust scholars and courts cling to misguided goals and theories that have not evolved despite an avalanche of information now available that can modernize the discipline.

This Article has two main sections that necessarily overlap. …

Manipulating, Fast And Slow: The Law Of Non-Verbal Market Manipulations, Shmuel I. Becher, Yuval Feldman

Cardozo Law Review

Consumers make purchasing decisions in various markets every day. Contrary to common belief, such decision-making is often not the result of deliberate analysis of information or of rational thinking. Rather, it is frequently based on feelings, sensations and intuition. Purchasing decisions are not made in a vacuum and are regularly influenced by sellers' manipulation and selling tactics.

It is well documented that people receive a substantial part of the information they possess via non-verbal communication. One of the most alarming aspects of this reality is that consumers are mostly unaware of non-verbal cues and the ways they can influence them. …

From The Editor (Maciej Bernatt), Maciej Bernatt

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

From the Editor

Control Of Concentration Proceedings And Access To Public Information. Case Comment To The Judgment Of Regional Administrative Court In Warsaw Of 16 December 2015, Sab/Wa 796/15, Aleksandra Kędzior

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

No abstract provided.

Anna M. Nolan, Eu Merger Law. Effectiveness Of The System Of Referrals Of The Cases Involving Control Of Concentrations [In Polish: Unijne Prawo Konkurencji. Efektywność Systemu Odesłań Spraw Dotyczących Koncentracji Przedsiębiorstw] C.H. Beck, Warszawa 2015, Dariusz Aziewicz

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

No abstract provided.

Restrictions Of Competition In Vertical Agreements – Is There A Place To Study The Effects? Comments In The Light Of The Recent Case-Law Of The Polish Courts And The Cjeu, Katarzyna Górna, Małgorzata Kozak, Anna Wawruch

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

The subject of this article is to examine the current judicial practice of Polish common courts and the ECJ on the agreements that restrict competition by object or by effect. The article discusses the decisions and judgements, the content of which confirms that in the absence of that agreement to be restrictive of competition by object, it is necessary to carry out an extensive analysis of the economic and legal environment of the agreement for the assessment of its possible anti-competitive effects. The analysis leads to the conclusion that in the recent case law there is still a noticeable tendency …

Possibility To Hold A Company Liable For The Anticompetitive Behaviour Of An Independent Service Provider. Case Comment To The Judgment Of The Court Of Justice Of The European Union Of 21 July 2016 In Case C-542/14 Vm Remonts Sia, Ausma Grupa Sia V. Konkurences Padome (And Konkurences Padome V. Pārtikas Kompānija Sia), Marta Michałek-Gervais

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

The case comment relates to the judgment the Court of Justice of the European Union of 21 July 2016 in the case VM Remonts (C-542/14), delivered in response to a preliminary reference made by the Latvian Supreme Court. The question at stake referred to possibility to hold a company liable (in the light of Article 101 of the Treaty on the Functioning of the European Union) for the anticompetitive behaviour of a third-party service provider. The Court of Justice did not follow the Opinion of the Advocate General Wathelet who suggested introducing rebuttable presumption of the company's liability in this …

Inspections In The Proceedings Before Uokik, Judgements Of The Sokik Of 20 March 2015 , Xvii Ama 136/11 And 8 August 2014, Xvii Ama 145/11, Dariusz Aziewicz

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

No abstract provided.

Exemption Of The Selective Distribution From The Prohibition Of Agreements Restricting Competition, Maciej Marek

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

The article studies the application of block exemptions and individual exemption to selective distribution systems. The author examines the conditions of applying Polish and European general block exemption and the possibility of combining selective distribution with common additional restrictions. Also, the article describes the methodology used by the European courts to individually exempt selective distribution systems and examines the relation of the prerequisites of individual exemption and the Metro doctrine.

Failure To State Of Reasons As A Ground For Annulment Of The European Commission’S Decision In The Light Of Current Cjeu Case-Law On The Control Of Undertakings, Marta De Bazelaire De Ruppierre

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

This article aims to analyse the European Commission’s obligation to state the reasons for decision issued in connection with the control of an undertaking suspected of anti-competitive activities. It indicates requirements that statement of reasons has to meet in order to remain in conformity with Article 296 TFEU and the case-law, as well as depicts the criteria of assessment used by the CJEU to verify the fulfilment of those conditions. It also addresses the issue of legal effects of the judgment annulling the decision and it ponders on the effectiveness of the protection of the rights of undertakings.

Methods Of Detecting Bid Rigging, Marta Stryszowska, Joanna Piechucka

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

The present article discusses the use of tools of economic analysis to detect bid rigging by taking a two-step approach. Firstly, the structural approach to identify markets that are more susceptible to bid rigging is presented. Secondly, the behavioral approach consisting of identifying suspicious behavior in tenders is discussed. Within the latter approach, tools for the identification of suspicious bid rigging patterns, price variance analysis and other tests used to study whether bidding behavior is more consistent with collusion rather than competition are analyzed. Finally, the extent to which tools of economic analysis could be used in practice by competition …

Impeding Market Access As A Prerequisite Of Unfair Competition Practice Of Collecting Slotting Allowances That Ought To Be Examined In Every Case, Joanna Affre, Joanna Piechucka, Piotr Skołubowicz, Marta Stryszowska

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

Article concerns ways of examination, when the unfair competition practice set forth in the article 15 sec. 1 p. 4 of Combating Unfair Competition Act takes place. Authors present different views on meaning of “impeding market access” in this provision and support the concept that it should be considered as one of prerequisites of committing this practice. They also explain why this prerequisite should be examined in every case before the court. Further, authors describe how, with the economical approach, this examination can be executed.

Jan Szczodrowski, Kontrola Rynków Oligopolistycznych W Prawie Konkurencji, Lex A Wolters Kluwer Business, Warszawa 2015, Ss. 350, Konrad Kohutek

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

No abstract provided.

Seminar The Most Important Changes In Consumer Protection Law In The Light Of The Act Of 5 August 2015 Amending The Competition And Consumer Protection Act [In Polish: Najważniejsze Zmiany W Sferze Ochrony Konsumentów W Świetle Ustawy Z Dnia 5 Sierpnia 2015 R. O Zmianie Ustawy O Ochronie Konkurencji I Konsumentów Oraz Niektórych Innych Ustaw], Instytut Nauk Prawnych Pan, Warsaw, 14 April 2016 R., Jarosław Łukawski

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

Warsaw, 14 April 2016 r.

Table Of Contents

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

Table of contents

The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow

Georgia Journal of International & Comparative Law

Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be …

The Nba's Deal With The Devil: The Antitrust Implications Of The 1999 Nba-Nbpa Collective Bargaining Agreement Note, Dan Messeloff

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis

Indiana Journal of Constitutional Design

Is Ecuador’s adoption of Article 422 in the 2008 Constitution properly viewed as a “re-statification”1 of Investor State Dispute Settlement (ISDS)? And, since its implementation, has the constitutional article been effective in institutionally insulating Ecuador from the jurisdictional reach of international ISDS? This paper answers both questions in the negative—but qualifies such an outlook by balancing the drawbacks of Article 422 against its successes. Article 422’s provisions, strident in its attempt to create an alternative development vision, did not achieve all that the Constitution’s drafters had hoped. Nevertheless, in its limited effect of detaching Ecuador from certain ISDS fora, it …