Agribusiness And Antitrust: The Bayer-Monsanto Merger, Its Legality, And Its Effect On The United States And European Union,
2018
Cleveland-Marshall College of Law
Agribusiness And Antitrust: The Bayer-Monsanto Merger, Its Legality, And Its Effect On The United States And European Union, Aleah Douglas
Global Business Law Review
This note examines the current and historical antitrust laws of the United States and the European Union as they relate to the currently pending merger between Bayer and Monsanto. It focuses alternatively on the legality of the merger under modern antitrust laws and the impact such a deal could have on the agribusiness industry in both Europe and the United States. Ultimately, the note argues that the Bayer-Monsanto merger is illegal and should be blocked by the proper authorities in the United States and the European Union.
Antitrust And The Design Of Production,
2018
University of Pennsylvania
Antitrust And The Design Of Production, Herbert Hovenkamp
Cornell Law Review
No abstract provided.
Non-Parties: The Negative Externalities Of Regional Trade Agreements In A Private Law Perspective,
2018
Boston University School of Law
Non-Parties: The Negative Externalities Of Regional Trade Agreements In A Private Law Perspective, Daniela Caruso
Faculty Scholarship
In private law theory and in international trade law alike, a new strand of scholarship has emerged in recent years. This strand is characterized by a focus on market actors who are excluded from deals struck by other parties and suffer economic hardship as a result. Scholars have also focused on doctrines and legal concepts apt to identify this type of hardship and to provide non-parties with justiciable claims and remedies. Private-law and trade-law scholars involved in this mode of research are often moved by justice concerns and by the realization that rules based solely on the enforcement of bilateral …
Report From The Seminar: Personal Data Protection In The Light Of The Gdpr, Białystok, 18 May 2018,
2018
Katedra Prawa Własności Intelektualnej Uniwersytetu w Białymstoku
Report From The Seminar: Personal Data Protection In The Light Of The Gdpr, Białystok, 18 May 2018, Katarzyna Biegańska, Magdalena Rutkowska-Sowa
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
No abstract provided.
Effective Consumer Protection And Effective Judicial Protection For Entrepreneurs, Case Comment To The Judgment Of The Court Of Justice Of The European Union (Fifth Chamber) Of 21 December 2016 In Case C-119/15 Biuro Podróży ‘Partner’ Sp. Z O.O. Sp.K. W Dąbrowie Górniczej V. Prezes Urzędu Ochrony Konkurencji I Konsumentów, Bartosz Wyżykowski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Subject of the commentary is the judgment of the Court of Justice of the European Union (Fifth Chamber) of 21 December 2016 in Case C-119/15, Biuro podróży ‘Partner’ Sp. z o.o, Sp. komandytowa w Dąbrowie Górniczej v Prezes Urzędu Ochrony Konkurencji i Konsumentów. In essence, the court expressed therein its opinion on whether European law (Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, the Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers’ interests and the Charter of Fundamental Rights of the European …
Undertaking A Business Activity In The Area Of Tourist Services Within The Economic Freedom Framework,
2018
Katedra Prawa i Administracji Górnośląskiej, Akademia Górnośląska im. Wojciecha Korfantego w Katowicach
Undertaking A Business Activity In The Area Of Tourist Services Within The Economic Freedom Framework, Daniel Wojtczak
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The subject of this research paper is the analysis of economic activities in the area of tourist services in the context of the economic freedom. The paper mainly focuses on the legal aspect of a business activity as part of the provision of tourist services and regulatory restrictions applied in this economic sector. It should be pointed out that the author’s point of view is part of a heated discussion about expanding the scope of the freedom of economic activity by limiting its state regulation. It is advocated that restrictions of the economic freedom should be as infrequent and least …
Entrepreneur In The Package Travel And Linked Travel Arrangements Act – The Concept Of A Material Approach Of The Analyzed Provisions,
2018
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Entrepreneur In The Package Travel And Linked Travel Arrangements Act – The Concept Of A Material Approach Of The Analyzed Provisions, Dominik Borek
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article addresses the legislator’s concept of a material approach regarding the legal defi nition of an entrepreneur in the Polish Act on package travel and linked travel arrangements of 24 November 2017. The Author presents the evolution of the material character of the analyzed provisions in EU legislation, giving special attention to the ECJ ruling in the Motosykletistiki Omospondia Ellados NPID of 1 June 2008. The Author also shows the evolution of the legal defi nition of an entrepreneur during legislative works on the Polish Act on package travel and linked travel arrangements.
On The Assessment Of The Admissibility Of Invoking By A Tour Operator Of Specifi C Provisions Limiting The Scope Or The Conditions Under Which Compensation Is Paid By The Travel Service Provider (I.E. The Need To Amend Article 50(5) Of The Polish Act On Package Travel And Linked Travel Arrangements),
2018
Zakład Prawa, Wydział Turystyki i Rekreacji Akademii Wychowania Fizycznego w Krakowie
On The Assessment Of The Admissibility Of Invoking By A Tour Operator Of Specifi C Provisions Limiting The Scope Or The Conditions Under Which Compensation Is Paid By The Travel Service Provider (I.E. The Need To Amend Article 50(5) Of The Polish Act On Package Travel And Linked Travel Arrangements), Piotr Cybula
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The purpose of this paper is to assess the conformity of Article 50(5) of the Polish Act on package travel and linked travel arrangements with Directive 2015/2302 on package travel and linked travel arrangements. According to this provision, ‘Where specifi c provisions limit the extent to which, or the conditions under which, compensation is paid by a travel service provider which is part of a package, the tour organizer shall be subject to the same restrictions’. In the opinion of the author of this paper, current rules on the reviewed problem, as set out in Article 50(5) of the Act …
Traveler Protection Based On The Polish Act On Package Travel And Linked Travel Arrangements And Related To The Act On Tourist Services – Comparative Analysis,
2018
Katedra Prawa Gospodarczego Prywatnego, Wydział Prawa i Administracji Uniwersytetu Jagiellońskiego
Traveler Protection Based On The Polish Act On Package Travel And Linked Travel Arrangements And Related To The Act On Tourist Services – Comparative Analysis, Kamila Maciąg
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article presents an analysis and legal regulations regarding the protection of consumers using tourist services based on Directive 2015/2302/EU of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC. Directive 2015/2302/EU will, as of 1 July 2018, be implemented into the Polish legal order. The presented issues concern also contractual liability of the tourist entity as far as the failure to perform or improper performance of the contract by …
New Regulations On Local Council Resolutions In The Fi Eld Of Upbringing In Sobriety And Counteracting Alcoholism - Selected Aspects,
2018
Katedra Prawa Administracyjnego i Nauki o Administracji, Wydział Prawa i Administracji Uniwersytetu im. Adama Mickiewicza w Poznaniu
New Regulations On Local Council Resolutions In The Fi Eld Of Upbringing In Sobriety And Counteracting Alcoholism - Selected Aspects, Adrian Misiejko
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The amendment to the Polish Act on the Upbringing in Sobriety and Counteracting Alcoholism of 26 October 1982 modifi ed the competences previously granted to local councils (in Polish: gminy) in regard to the regulation of alcoholic drinks. In particular, local councils became competent to issue new types of resolutions while, at the same time, involving their auxiliary units in the resolution process. The subject of this article is to present the results of the analysis of these changes together with a discussion of selected issues that raise interpretational doubts.
Right To Data Portability – Selected Issues In Connection With Exercising A New Right Granted By The Gdpr,
2018
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Right To Data Portability – Selected Issues In Connection With Exercising A New Right Granted By The Gdpr, Joanna Kaźmierczak
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The implementation of a new right derived from European regulation on personal data protection has given unknown possibilities to natural persons, imposing at the same time a number of obligations on data controllers. The aim of this article is to discuss the structure of the right to data portability from the data controllers’ point of view. The study focuses on selected elements that compose the right to data portability, which according to the author are likely to prove the most challenging for the data controllers. This publication includes also newest recommendations in terms of exercising the abovementioned right resulting from …
Online Tour Booking Software As A Mechanism Of Coordinated Anti-Competitive Activities, Case Comment To The Judgment Of The Court Of Justice Of The European Union Of 21 January 2016 In Case C-74/14 Eturas Uab V. Lithuanian Competition Authority,
2018
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Online Tour Booking Software As A Mechanism Of Coordinated Anti-Competitive Activities, Case Comment To The Judgment Of The Court Of Justice Of The European Union Of 21 January 2016 In Case C-74/14 Eturas Uab V. Lithuanian Competition Authority, Aleksandra Dziurkowska
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The reviewed court judgment addresses the issue of algorithmic pricing, which is of major importance especially in the current digital age. In the investigated case, the liability for infringing competition law was also assigned to a third party (software provider) active on a different market than the travel agencies (original competitors). However, this issue is not further investigated by CJEU. In its judgment, the court emphasizes also the grounds for applying the principle of the presumption of innocence to anti-trust proceedings.
Piotr Piskozub, Odpowiedzialność Przedsiębiorcy Turystycznego Za Niewykonanie Lub Nienależyte Wykonanie Umowy O Świadczenie Usług Turystycznych [Liability Of Tour-Operator For Non-Fulfi Lment Of A Tourism Service Agreement], Wydawnictwo Umcs, Lublin 2017, Ss. 271,
2018
Katedra Prawa i Administracji, Górnośląska Wyższa Szkoła Handlowa w Katowicach
Piotr Piskozub, Odpowiedzialność Przedsiębiorcy Turystycznego Za Niewykonanie Lub Nienależyte Wykonanie Umowy O Świadczenie Usług Turystycznych [Liability Of Tour-Operator For Non-Fulfi Lment Of A Tourism Service Agreement], Wydawnictwo Umcs, Lublin 2017, Ss. 271, Dominik Wolski
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
No abstract provided.
Report From The Third Nationwide Students Research Groups’ Seminar, Katowice, 15 March 2018,
2018
Katedra Prawa i Administracji, Górnośląska Wyższa Szkoła Handlowa w Katowicach
Report From The Third Nationwide Students Research Groups’ Seminar, Katowice, 15 March 2018, Katarzyna Płonka-Bielenin
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
No abstract provided.
The Reform Of Polish Data Protection Law And The Issue Of The Independence Of The Supervisory Authority In The Context Of Regulation 2016/679 And Directive 2002/58 – A Critical View,
2018
Instytut Nauk Prawno-Administracyjnych, Uniwersytet Warszawski
The Reform Of Polish Data Protection Law And The Issue Of The Independence Of The Supervisory Authority In The Context Of Regulation 2016/679 And Directive 2002/58 – A Critical View, Marcin Rojszczak
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article discusses the genesis of the principle of independence, the way it is defi ned, as well as the consequences for the legal status of the supervisory authority body. The concept of ‘complete independence’, introduced by the provisions of Directive 95/46, is presented along with its fundamental importance for understanding the legal position of data protection authorities appointed in EU Member States. Differences between ‘complete independence’ and the independence of supervisory authorities in the area of electronic communications are indicated. Polish experiences related to the implementation of relevant EU laws are discussed, using the example of the GIODO and …
Report From The Fifth International Academic Consumer Conference: The Infl Uence Of The Law And Ethic On The Practical Implementation Of Consumer Law (Law In Tourism Issues), Kraków, 1–2 March, 2018,
2018
Katedra Prawa Cywilnego i Gospodarczego, Uniwersytet Ekonomiczny w Krakowie
Report From The Fifth International Academic Consumer Conference: The Infl Uence Of The Law And Ethic On The Practical Implementation Of Consumer Law (Law In Tourism Issues), Kraków, 1–2 March, 2018, Piotr Kukuryk
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
No abstract provided.
The Obsolescence Of Advertising In The Information Age,
2018
University of Kentucky College of Law
The Obsolescence Of Advertising In The Information Age, Ramsi Woodcock
Law Faculty Scholarly Articles
The vast amount of product information available to consumers through online search renders most advertising obsolete as a tool for conveying product information. Advertising remains useful to firms only as a tool for persuading consumers to purchase advertised products. In the mid-twentieth century, courts applying the antitrust laws held that such persuasive advertising is anticompetitive and harmful to consumers, but the Federal Trade Commission (FTC) was unable to pursue an antitrust campaign against persuasive advertising for fear of depriving consumers of advertising’s information value. Now that the information function of most advertising is obsolete, the FTC should renew its campaign …
Confidentiality In Patent Dispute Resolution: Antitrust Implications,
2018
University of Washington School of Law
Confidentiality In Patent Dispute Resolution: Antitrust Implications, Mark R. Patterson
Washington Law Review
Information is crucial to the functioning of the patent system, as it is for other markets. Nevertheless, patent licensing terms are often subject to confidentiality agreements. On the one hand, this is not surprising: sellers and buyers do not normally publicize the details of their transactions. On the other hand, explicit confidentiality agreements are not common in other markets, and they may be particularly problematic for patents. Several United States Supreme Court cases have condemned agreements that suppress market information, and those cases could be applied to confidentiality agreements in the patent context. Of course, confidentiality may sometimes be pro-competitive, …
Talent Can't Be Allocated: A Labor Economics Justification For No-Poaching Agreement Criminality In Antitrust Regulation,
2018
Brooklyn Law School
Talent Can't Be Allocated: A Labor Economics Justification For No-Poaching Agreement Criminality In Antitrust Regulation, Rochella T. Davis
Brooklyn Journal of Corporate, Financial & Commercial Law
As of late, labor markets have been a focus point in antitrust enforcement. In 2016 the Department of Justice (DOJ) announced an unprecedented policy to pursue no-poaching agreements criminally. More recently, in January 2018, the DOJ’s Attorney General indicated that the agency is following through on the policy. This Article argues that the DOJ’s new policy is logical and prudent because the economic effects that no-poaching agreements have on labor markets mirror the anticompetitive effects of customer allocation agreements. It also shows that the policy is well-supported by labor economics and antitrust policies. In efforts to comply with the DOJ’s …
The Policy Challenge Of Artificial Intelligence,
2018
Boston University School of Law
The Policy Challenge Of Artificial Intelligence, James Bessen
Faculty Scholarship
New "artificial intelligence" (AI) technology promises to bring dramatic social and economic changes, demanding major policy changes. In intellectual property and antitrust law, AI will exacerbate a damaging trend: across all major sectors of the economy, proprietary information technology is increasing the market dominance of large firms. This trend might not seem like bad news, but it is evidence of a slowdown in the spread of technical knowledge throughout the economy. The result is rising industry concentration, slower productivity growth and growing wage inequality. The key challenge to IP and antitrust policy will be counter this trend yet maintain innovation …
