Antitrust and Trade Regulation Commons^™

A Comparative Overview On Esports Against Traditional Sports Focused In The Legal Realm Of Monetary Exploitation, Cheating, And Gambling, Sok Min Yun

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Peculiar Case Of State Network Neutrality Regulation, Thomas B. Nachbar

Cardozo Arts & Entertainment Law Journal

In the wake of the FCC's recent decision to rescind federal network neutrality rules, several states have implemented their own network neutrality regulations, some in the form of procurement conditions on state contracts and others affirmative mandates requiring broadband Internet service providers to observe neutrality in providing service. The federal government and industry trade associations have challenged the state network neutrality laws as both preempted and unconstitutional under the "dormant Commerce Clause" doctrine.

This paper analyzes those state restrictions as a matter of constitutional law. The Court has recently changed dormant Commerce Clause law, liberalizing those limits with regard to …

6th International Phd Students’ Conference On Competition Law, University Of Białystok, 27 April 2017, Magdalena Knapp, Paulina Korycińska-Rządca

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

University of Białystok, 27 April 2017

International Seminar Reform Of Regulation 1/2003: Effectiveness Of The Ncas And Beyond, Competition Law Scholar Forum And Centre For Antitrust And Regulatory Studies, University Of Warsaw, 28 April 2017, Marcin Mleczko

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

Competition Law Scholar Forum and Centre for Antitrust and Regulatory Studies, University of Warsaw, 28 April 2017

Attention Market. The Concept And Challenges In A Merger Assessment, Krzysztof Kanton, Jarosław Łukawski, Szymon Murek

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

The article focuses on the issue of ‘attention’ paid by consumers to internet and mobile apps content, which from the economic perspective is a resource that falls short. The authors analyze attention as a commodity and present the characteristics of the markets on which it is traded. The publication indicates the challenges faced by competition authorities in assessing concentrations between entities active on the attention market – the so-called attention brokers. In the latter part of the article, the authors analyze the methodology used by competition authorities to assess concentrations between the biggest modern attention brokers. Conclusions and postulates regarding …

Favouring One’S Own Products Or Services By Vertically Integrated Online Platforms As A Discriminatory Abuse Of A Dominant Position, Artur Szmigielski

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

The practice of favouring one’s own vertically integrated services by a dominant online platform can be assessed as an independent practice of discrimination (prohibited under Article 102 paragraph 2 point c TFEU). This does not mean, however, that a dominant undertaking has an absolute obligation to treat products or services of its trading partners equally to its own offer. Such practices should be considered abusive if they create unfavourable conditions of competition and have significant anti-competitive effects. What is prohibited by a discriminatory practice does not refer to the fact of favouring one’s own services, but to a situation where …

The Prohibition Of The Use Of Trademarks In Online Advertising And The Prohibition Of Cooperation With Price Comparison Websites As A Restriction Of Competition In The Context Of The Bundesgerichtshof Ruling Of 12 December 2017, Bartosz Targański

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

The case is part of a series of recent cases where EU competition authorities considered the acceptable scope of restricting online retail sales by producers. According to the decision of the Bundeskartellamt of 26 August 2015, and subsequent rulings of German courts, an absolute ban on the use of trademarks in online advertising and the prohibition of cooperation with price comparison websites imposed on distributors by the producer is a per se violation of Article 101(1) TFEU and cannot benefit from a block or an individual exemption. The decision is based on the statement of violation of the principle of …

Why Would Anyone Need My Data? An Analysis Of The Opinion Of The French Competition Authority On The Use Of Data In Online Advertising, Natalia Hartung

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

This article discusses the Opinion of the French Competition Authority on the use of data in online advertising. The first part of the article describes the functioning of the market of online advertising, including programmatic advertising, the importance of data and internet users, as well as the position of key market participants, namely Google and Facebook. The second part discusses the preliminary competition law analysis of the online advertising market. The Authority considered the following relevant markets: services for internet users, social network advertising, Display advertising, Search advertising, intermediation services and data analysis services. The French Competition Authority then described …

Non-Compete Clauses As A Barrier To The Development Of Alternative Taxi Reservation Channels In The Light Of The Decision Of The Autorità Garante Della Concorrenza E Del Mercato Of 27 June 2018 (Case I801b, Taxi – Milano), Grzegorz Materna

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

The article discusses a decision taken by the Italian Competition Authority that concerns vertical relations between taxi corporations and taxi drivers in Milan. According to the Authority’s decision, non-compete clauses for taxi drivers may have a foreclosing effect for entrants that use new technologies, and thereby create an alternative to incumbent radio taxi corporations. However, the Authority’s classification of the non-compete clauses resulted from the economic and market context in which they were used, and above all, from the fact that these non-compete clauses were used by taxi corporations that included almost all taxi drivers operating in Milan. In other …

Report On The Seminar ‘Current Challenges Of The Digital Economy In The Area Of Combating Anticompetitive Agreements’ Warszawa, 12.04.2018, Urszula Czarnomska-Bokowy, Paulina Komorowska

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

No abstract provided.

Report On The Seminar ‘Monopoly And Its Exploitation In The Digital Economy – What Is The Role Of Competition Law?’, Warszawa, 02.10.2018 R., Szymon Murek

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

No abstract provided.

Cars Scientific Award 2018 (Antitrust). The Big Owl For Professor Rajmund Molski, Tadeusz Skoczny

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

Big Owl for Professor Rajmund Molski.

Will Competition Law Solve The Vendor Lock-In Problem In The B2b Software Sector?, Piotr Semeniuk

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

Competition law is increasingly being used (so far, mainly in the US) in order to prevent the vendor lock-in problem in the B2B software sector. International academia also calls for increased activities of competition authorities in addressing vendor lock-in problems. Some business practices and contractual clauses applied by vendors in their Polish IT contracts could also be classified as an anticompetitive practice (e.g. exclusivities, tying, bundling, loyalty rebates, refusals to grant a license or to grant access to information on interoperability). Competition law in the world of IT contracts can supply buyers or competitors with arguments to challenge some of …

Technological Challenges For Anthropocentric Competition Law: The Case Of Algorithmic Pricing In The E-Commerce Sector, Marcin Mleczko

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

The author presents the problem of algorithmic price fixing in the context of the prohibition of anti-competitive agreements. Firstly, the basic concepts related to this subject are explained. Presented next are various types of algorithmic collusion. The core of the article contains an analysis of different ways of using algorithms based on existing case-law.

Do Androids Dream Of Price Fixing? Pricing Algorithms, Artificial Intelligence, And Competition Law., Michał Konrad Derdak

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

The article outlines the issue of undertakings’ liability for actions taken with the use (or participation) of artificial intelligence, which are in breach of the prohibition to enter into anticompetitive arrangements. Its particular focus is on the currently most important issue in this context, taking into account the experiences so far, namely the issue of using (dynamic) pricing algorithms.

Merger Control In The Big Data Era – On The New Jurisdictional Threshold Based On The Transaction Value Criterion In The Context Of The European Commission’S Decision-Making Practice And The Amendments To Austrian And German Antitrust Laws, Laura Skopowska

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

During a recent consultation of the European Commission on the assessment of the procedural and jurisdictional aspects of EU merger control, the Commission expressed significant doubts regarding its notification system based solely on a turnover criterion, which can create significant enforcement gaps while assessing acquisitions taking place in the digital and pharmaceutical markets. In the Big Data era, when databases are of increasing market importance, current jurisdictional thresholds may not be a sufficient tool to detect anticompetitive acquisitions on the digital market. This scientific article assesses whether the introduction of new criteria is justified. The article also includes an analysis …

Rpm In E-Commerce – La Nouvelle Vague Or Nihil Novi? Review Of The Decisional Practice Of Competition Authorities, Anna Laszczyk

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

The aim of this paper is to analyse selected decisional practice of the European Commission and national competition authorities concerning RPM agreements in the e-commerce sector. This research is motivated by the recent e-commerce sector inquiry conducted by the European Commission. Conclusions from this inquiry suggest that suppliers frequently influence the pricing policy of their retailers to the detriment of competition and final consumers. This paper describes first the characteristics of e-commerce and considers features, which may be potentially relevant from the competition law perspective, differentiating it from brick-and-mortar distribution. It is a defendable view that RPM in e-commerce does …

Violation Of Data Protection Law As An Abuse Of A Dominant Position? The Bundeskartellamt’S Proceedings Against Facebook, Iga Małobęcka-Szwast

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

The article attempts to assess the main assumptions of the proceedings initiated in March 2016 by the Bundeskartellamt, the German competition authority, against Facebook, and thus answer the question whether an infringement of data protection law may constitute an abuse of a dominant position under EU competition law. In the wider perspective, the proceedings conducted by the Bundeskartellamt also raise important questions regarding the relationship between competition law and data protection law, including data protection issues in competition law, as well as the competences of antitrust authorities to assess breaches of data protection law.

Report On The Xiii Antitrust Conference ‘Antitrust Between Eu Law And National Law’, Treviso (Italy), 24–25.05.2018, Grzegorz Materna

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

No abstract provided.

New Technologies, Big Data And The Digital Economy: Current Challenges For Competition Law (From The Volume Editor), Grzegorz Materna

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

From the Volume Editor.