Antitrust and Trade Regulation Commons^™

In Memoriam Of Professor Irena Wiszniewska-Białecka, Anna Fornalczyk, Stanisław Gronowski, Tadeusz Skoczny, Stanisław Sołtysiński

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

On May 23, 2018, Prof. Dr. Irena Wiszniewska-Białecka passed away - at the age of 71.

Cars Honorary Award 2018. Big Owl For Dr. Stanisław Gronowski, Tadeusz Skoczny

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

Big Owl for Dr. Stanisław Gronowski.

“I’Ll Know It When I See It”: Defending The Consumer Financial Protection Bureau’S Approach Of Interpreting The Scope Of Unfair, Deceptive, Or Abusive Acts Or Practices (“Udapp”) Through Enforcement Actions, Stephen J. Canzona

Journal of Legislation

No abstract provided.

Worker Collective Action In The Time Of Fissuring: Independent Contractor Labor Boycotts, The Thirteenth Amendment, And Antitrust Law, Richard Blum

Nevada Law Journal

No abstract provided.

How Google Perceives Customer Privacy, Cyber, E-Commerce, Political And Regulatory Compliance Risks, Lawrence J. Trautman

William & Mary Business Law Review

By now, almost every business has an Internet presence. What are the major risks perceived by those engaged in the universe of Internet businesses? What potential risks, if they become reality, may cause substantial increases in operating costs or threaten the very survival of the enterprise?

This Article discusses the relevant annual report disclosures from Alphabet, Inc. (parent of Google), along with other Google documents, as a potentially powerful teaching device. Most of the descriptive language to follow is excerpted directly from Alphabet’s (Google) regulatory filings. My additions about these entities include weaving their disclosure materials into a logical presentation …

Anticompetitive Manipulation Of Rems: A New Exception To Antitrust Refusal-To-Deal Doctrine, Tyler A. Garrett

William & Mary Law Review

No abstract provided.

Welcome And Introductory Remarks, Jonathan Baker

Presentations

Video link: https://vimeo.com/352303633 Audio link: https://www.ftc.gov/news-events/audio-video/audio/economics-big-data-privacy-competition-introduction The Federal Trade Commission held the sixth session in its Hearings initiative, with two and a half days of sessions on November 6 – 8, 2018, at American University Washington College of Law, in Washington, D.C. The hearings examined the role that data play in competition and innovation and will also consider the antitrust analysis of mergers and firm conduct where data is a key asset or product. The Commission invited public comment on these issues, including the questions listed below. Comments were due January 7, 2019. If any entity has provided funding for …

Trade And Development In An Era Of Multipolarity And Reterritorialization, Chantal Thomas

Cornell Law Faculty Publications

This essay will consider two phenomena emergent within international trade law and policy: multipolarity (the emergence of new global powers alongside existing hegemons) and reterritorialization (the rise, sometimes in quite virulent form, of economic nationalism as a basis for asserting State controls over, and barriers to, cross-border trade). These new dynamics present serious challenges and dangers. This essay will consider whether they might also create opportunities for reshaping the international economic order to be more supportive of the longstanding concerns of developing States. In doing so, the essay will elucidate key aspects of both the global political economy and the …

Revising The Vertical Merger Guidelines (Ftc Hearings), Steven C. Salop

Georgetown Law Faculty Publications and Other Works

This slide deck was the author’s presentation at the FTC Hearings on Vertical Mergers (November 1, 2018). The deck sets out a summary of the author’s economic analysis and proposed revisions to the U.S. Vertical Merger Guidelines.

Time-Barring Of Passenger Claims Under The Contract Of Carriage Of Passengers By Rail, Dorota Ambrożuk

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

The contract of carriage of passengers by rail is governed by EU law, as well as national and international law, which shall apply to both national and international transport operations. This raises a question, inter alia, about the correct application of the rules on time-barring passenger claims against carriers. In principle, this is not regulated by EU law. However, EU law largely incorporates the CIV Convention, which regulates the limitation periods for claims. Part of passenger claims is directly covered by the CIV Convention; there is no doubt that the provisions of the convention should apply to them. On the …

Civil Liability (Contractual And Tort) Of Railway Carriers In The Light Of The Experiences Of The Rail Passenger Rights Ombudsman, Marcin Radwański

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

The Rail Passenger Rights Ombudsman is competent to conduct out-of-court resolution of disputes between entrepreneurs operating on the railway market and passengers. The aim of the article is to present the legal aspects of contractual and tort liability regarding the issues that have been resolved by the Rail Passenger Rights Ombudsman.

The Legal Instruments Stimulating The Development Of Electromobility And The Infrastructure Of Alternative Fuels, Arnold Rabiega

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

This article provides a synthesis and evaluation of the most important legal tools which stimulate the development of alternatives fuels infrastructure. The Author analyses legal acts which support the development of the alternative fuel based transportation sector, with particular emphasis on the new electromobility and alternative fuels law and the bio-components and liquid bio-fuels law. The analysis revealed regulations which still hold back the promotion of electromobility and alternative fuels. In the Author’s opinion, applied legal solutions eliminate the most potent barriers to the development of this new sector, although they still seem insufficient with regards to the goal set …

The Ivth Railway Package – New Important Implementing Regulations Of The European Commission, Michał Zięba

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

The article presents selected aspects related to the application of the technical pillar of the fourth railway package. These aspects are precisely stipulated in the two implementing regulations of the European Commission issued on the basis of Directive 2016/798 on railway safety and Directive 2016/797 on the interoperability of the rail system. The article presents the outline of the rules related to the use of the application of the One Stop Shop, the scope of the application of a single safety certificate, language issues of the application and documentation submitted to the NSA or EUAR, as well as deadlines for …

The Commission Implementing Regulation (Eu) 2017/2177 Of 22 November 2017 On Access To Service Facilities And Rail-Related Services – Step In Making The Rail Transport Sector More Competitive?, Anna Kutyłowska

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

The importance of providing railway undertakings with access to service facilities was indicated during the work on Directive 2012/34/EU of the European Parliament and of the Council of 21 November 2012 establishing a Single European Railway Area (recast) (Journal of Laws EU L 343, 14.12.2012, p. 32, as amended). At that time, it was emphasized that in many cases the lack of access to service facilities on non-discriminatory terms for new participants leads to high barriers to market entry. The adoption of Commission Implementing Regulation (EU) 2017/2177 of 22 November 2017 on access to service facilities and rail-related services (Journal …

Report From The Conference The Consumer On The Market For Rail Passenger Transport Services, Łódź, 9 May 2018, Marcin Kraśniewski, Wojciech Modzelewski, Michał Pytkowski

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

No abstract provided.

Mirosław Pawełczyk (Ed.), Rynek Kolejowy. Współczesne Prawne I Sektorowe Uwarunkowania Ochrony Konkurencji I Konsumenta (The Railway Sector. Contemporary Legal And Sectorial Conditions Of Competition And Consumers Protection), Wydawnictwo Ius Publicum, Warszawa 2018, Pp. 394, Filip Elżanowski

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

No abstract provided.

Agreements Between Airports And Carriers In The Light Of Eu Competition Law, Jakub Kociubiński

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

Agreements between airports and carriers, similarly to all vertical agreements, can cause harm to the market, primarily when the balance between the undertakings concerned is disturbed and dependence emerges. In air transport, such relationships have been considered largely through the lens of State aid law, since the subsidization of airports makes its activities imputable to the State. Recourse to competition law – namely Articles 101 and 102 TFEU – should be perceived as an alternative, required in the light of the gradual withdrawal of State funding for airport operations. This paper provides an overview of the anticompetitive mechanism highlighted above, …

Choice Of Law For Contracts Of Carriage Of Passengers In Rail And Air Transport, Sławomira Lerman

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

This paper analyses the choice of law rules for contracts of carriage of passengers under Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). While the Rome Convention did not contain any special rules for such contracts, the Rome I Regulation adopts a restricted form of party autonomy for the carriage of passengers. The parties are restricted to choosing between the country of the passenger’s habitual residence, the carrier’s habitual residence, the carrier’s place of central administration, the place of departure or the place …

Grounds For Liability Of A Railway Undertaking For Bodily Injury, Disturbance Of Health Or Death Of Passengers, Daniel Dąbrowski

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

The liability of a railway undertaking for bodily injury, disturbance of health or death of a passenger is currently regulated in several legal acts. The EU Regulation 1371/2007 is of fundamental importance here and applies to most domestic rail passenger services as well as the international carriage of passengers if performed between the countries of the European Union. However, it applies only to services operated by carriers licensed in accordance with the provisions of EU law. Its application is questionable when the contract of carriage has been subject to the law of a third country (which is not a member …

Passenger Tariffs In Regional Railway Transportation In Poland: Status Quo, Implications For Passengers, Proposals Of Changes, Przemysław Kowalik

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

Regional railway transportation in Poland in the second decade of the 21st century is characterized by a remarkable complexity of tariff solutions. This is primarily caused by the existence of many train operators with their own tariff systems as well as ‘territorially restricted’ tariffs applied by one or more operators. The above status quo may greatly affect the decisions of passengers regarding their railway journeys. The first issue connected with those decisions results from the often complicated rules of cross-operator ticket acceptance (unilateral, bilateral, sale channeldependent, none). Another issue lies in perceived discrimination in access to tariff information and sale …