Antitrust and Trade Regulation Commons^™

Welcoming Remarks, Panel 1: Merger Remedies, James Keyte, David Weiskopf, Mark Israel, Aditi Mehta, Alex Okuliar, Sonia Pfaffenroth

Fordham Competition Law Institute

No abstract provided.

Outcome Report Of Roundtable On International Investment Regime And Access To Justice, Michelle Chan, Kanika Gupta, Jesse Coleman, Kaitlin Y. Cordes, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

On October 18, 2017, the UN Working Group on Business and Human Rights and the CCSI co-hosted a one-day roundtable on the impacts of the international investment regime on access to justice for investment-affected individuals and communities.

Held at Columbia University in New York, the roundtable brought together 32 individuals from civil society organizations, communities affected by investments at the heart of investor-state claims, governments, academia, donor organizations, UN mandate holders, and other stakeholder groups. The roundtable provided an opportunity for participants to: (i) explore and assess the specific impacts of international investment agreements and investor-state dispute settlement on access …

Taking Antitrust Away From The Courts, Ganesh Sitaraman

Vanderbilt Law School Faculty Publications

A small number of firms hold significant market power in a wide variety of sectors of the economy, leading commentators across the political spectrum to call for a reinvigoration of antitrust enforcement. But the antitrust agencies have been surprisingly timid in response to this challenge, and when they have tried to assert themselves, they have often found that hostile courts block their ability to foster competitive markets. In other areas of law, Congress delegates power to agencies, agencies make regulations setting standards, and courts provide deferential review after the fact. Antitrust doesn’t work this way. Courts – made up of …

Table Of Contents

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

Table of contents

From The Volume Editors, Michał Będkowski-Kozioł, Łukasz Gołąb, Jan Walulik

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

Editorial Foreword

Capacity Market In Poland – Purpose Of Implementation Of The Act, Eu And Polish Conditions, Key Assumptions Of The Concept And The Act, Tomasz Dąbrowski

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

No abstract provided.

Capacity Market As A Tool Supporting The Construction Of New Power Plants – Will It Work?, Igor Muszyński

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

This article discusses selected legal issues of the Act on the Capacity Market, which are of importance to the evaluation of their impact on the terms and conditions of fi nancing provided to new power generation capacities. These issues are analyzed in light of the market practice to date in the area of fi nancing of new power generation projects and in the area of mitigating legal risks associated with this type of investments by way of legal concepts used in the documentation of the financing of such projects. The value of the revenue achieved from the capacity market service …

Capacity Mechanisms – Definition, Classification And Future Of A Two-Commodity Market In The European Union, Grzegorz Pizoń

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

The purpose of this article is to attempt to defi ne limitations of the concept of a capacity mechanism, to present a classification of mechanisms existing in different EU Member States, and to consider the future of two-commodity market in the light of current legislative developments. Additionally, the paper aims to verify a thesis on the possibility of providing services involving the availability of disposable capacity on terms unrelated to the provision of state aid.

The Essence And Legal Aspects Of The Functioning Of A Secondary Market For The Capacity Market, Michał Bałdowski, Marcin Kraśniewski

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

The capacity market is a system that supports the construction of new conventional power stations and reduces the negative impact of funding renewable energy sources in the energy sector. It constitutes an important element of the effective functioning of the capacity market mechanism, due to its compliance with the concept of safeguarding energy security by creating a support system for new investments in conventional energy, as adopted by the Polish legislator. The present paper is the fi rst attempt to scientifically analyze the importance of the secondary market for the Polish capacity market. It discusses the causes for the introduction …

Realization Of A Capacity Obligation By Power Companies, Bartłomiej Pawlak, Marcin Ziarkowski

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

According to the intention of the legislator, a capacity obligation, as defi ned in the Act on the Capacity Market of 8 December 2017 (Art. 2 point 23 of the Act), should be the main instrument of the capacity market used to ensure long-term energy security in Poland. The article presents an analysis of the content of the capacity obligation imposed on providers, which, in essence, may be defi ned as the provider’s civil law obligation towards an operator comprising of two components: availability to provide capacity, which consists of maintaining physical units in satisfactory condition during the entire delivery …

The Participation Of Foreign Electricity Generators In The Polish Capacity Market, Paweł Ura

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

The article provides an analysis of legal provisions relating to the participation of foreign electricity generators in the Polish capacity mechanism. The work discusses both the European context of the requirement to introduce cross-border participation and the legislative process of the Polish Act on the Capacity Market in this regard. The presentation of the regulation of the participation of foreign electricity generators is structurally divided into two parts. First, the paper analyzes the auction system with particular emphasis on preliminary auctions. Presented next is the issue of the specificity of a performance of a capacity obligation by a foreign electricity …

The Protection Of Legitimate Expectations And The Adjustment Of Capacity Mechanisms To The Regulation On The Internal Market For Electricity, Jędrzej Maśnicki

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

The aim of this paper is to analyse arguments for the application of the principle of protection of legitimate expectations to the fi rst power contracts concluded before the entry into force of the forthcoming Regulation on the internal market for electricity. The following arguments may be set out to grant such protection. The protection of legitimate expectations is one of the general principles of EU law, thus it is applicable to the activities of EU institutions or Member States implementing EU law. The decision of the European Commission accepting the Polish capacity mechanism (SA. 46100) is a source of …

License As An Instrument Of Accomplishing Energy Policy In The Light Of The Supreme Court Judgment Of 21 April 2016, Iii Sk 28/15, Jakub Faszcza

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

In this case comment, the author, in the light of the Supreme Court judgement signature III SK 28/15, aims to present a license as an instrument for the accomplishment of State energy policy. Presented first is the answer to the following question – what impact does the state energy policy have on the President of ERO. Second, the author briefly reviews the most important conclusions of the judgment of the Supreme Court (III SK 28/15). This review is connected with the analysis of selected conditions of relevant gas market licenses, required by Polish energy law. Ultimately, the author attempts to …

Mirosław Pawełczyk (Ed.), Współczesne Problemy Bezpieczeństwa Energetycznego – Sektor Gazowy I Energetyczny [Contemporary Problems Of Energy Security – The Gas And Energy Sector],Wydawnictwo Ius Publicum, Warszawa 2018, Ss. 560, Michał Domagała

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

No abstract provided.

Report On The Conference „Bezpieczeństwo, Regulacja I Konkurencja Na Rynku Energetycznym” [„Safety, Regulation And Competition On The Energy Market”], Łódź, 26.04.2018, Mateusz Czuba, Wojciech Modzelewski, Michał Pytkowski

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

No abstract provided.

How To Break The Monopoly In Port Industrial, Minjiang Gao

World Maritime University Dissertations

No abstract provided.

The Regulation Model Of The International Shipping Alliance : A Comparative Study Of He European Union, The United States And China, Yue Yin

World Maritime University Dissertations

No abstract provided.

Advertising Is Obsolete -- Here's Why It's Time To End It, Ramsi Woodcock

Law Faculty Popular Media

Since it first became clear that Russian agents spent thousands of dollars a month on political advertising on social media in the runup to the 2016 presidential election, Americans have been asking how the powerful advertising infrastructure run by Google and Facebook could have been thrown open to foreign agents.

But fewer have stopped to ask whether there is a good reason for this infrastructure to exist at all. Why, exactly, is it a good thing for Facebook and Google to be selling advertising to anyone, let alone Russian agents?

The obvious answer seems to be so that legitimate advertisers, …

Update On Antitrust And Pay-For-Delay: Evaluating “No Authorized Generic” And “Exclusive License” Provisions In Hatch-Waxman Settlements, Saami Zain

San Diego Law Review

In Federal Trade Commission v. Actavis, the United States Supreme Court held that a patent litigation settlement where a branded drug company pays a generic drug company to end the litigation and delay launching its generic may violate the antitrust laws. Although the decision ended years of controversy over whether such settlements were subject to antitrust scrutiny, many issues remain unresolved concerning the lawfulness of these settlements. In particular, courts have struggled in assessing the legality of patent settlements between branded and generic drug manufacturers involving non-cash compensation or benefits. This article discusses one type of non-cash compensation that is …

Looking For Venue In The Patently Right Places: A Parallel Study Of The Venue Act And Venue In Anda Litigation, Mengke Xing

San Diego Law Review

Like any other type of litigation, venue is often an important strategic decision for patent infringement litigants. Under the traditional nation-wide venue rule, a patent owner was able to sue a corporate defendant almost in every district in the country, giving rise to abusive forum shopping and the popularity of the Eastern District of Texas. Last year, the Supreme Court in TC Heartland dramatically changed the legal framework of venue in patent litigation, while leaving some issues unaddressed. After a discussion of the evolvement of venue laws and the significance of TC Heartland, this Comment focuses on the Venue Equity …