Antitrust and Trade Regulation Commons^™

Competition In The Polish Rail Transport Sector, Marcin Kraśniewski

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

The article presents vital rules meant to increase competitiveness in the rail transport sector in Poland outlining both market structure and its development tendencies. Among the key parts of this paper are: unbundling, the rule of 3rd party access, as well as the independence of the Chairman of the Rail Transport Authority. The Author specifies which major factors result in the slower development of railways in comparison to other competitive means of transport, especially road transport as well as considers relevant entry barriers. Key words: competition, rail transport sector, passenger, regulation, entry barriers.

Legal Status Of Particular Railway Companies As Entities Of Special Economic And Defence Significance, Wojciech Pawłuszko

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

This article covers the characteristics of the rights and obligations of railway companies in light of the fact that they have the legal status of entities of special economic and defence significance. This legal status is connected to the performance of a number of public, classified obligations which limit the freedom of their economic activity. It also means that, in times of danger to the sovereignty of the country and in times of war, railway companies are actively involved in the national security system and are thus of crucial importance for the efficient and effective defence of the national territory.

External Aviation Policy Of The Eu, Marian Bujnowski

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

The article concerns the External Aviation Policy of the EU. The Author considers the genesis and development of international policy in the air transport sector. Also covered are the role and legal, economic and political implications of judgements rendered on 5 November 2002 by the European Court of Justice, as well as three pillars on which the EU External Aviation Policy is based. The paper describes also EU’s cooperation in the aviation field with key regional and global partners and presents the perspectives and general objectives of the future external aviation policy of the EU.

Files Of Proceedings For The Approval Of Fees For Access To And Use Of Railway Infrastructure – Between The Obligation To Provide Public Information And The Protection Of Business Confidentiality, Tomasz Piotr Chudziński

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

The author describes the nature of the legal documentation related to applications for the approval of tariffs for access to and use of railway infrastructure. It also outlines the dispute between infrastructure managers and the President of the UTK, and the railway undertakings who apply for access to the documents in question. Gaining access to this documentation is necessary in order to calculate the amount of damages incurred in connection with an incorrect implementation of Directive 2001/14/EC.

Consumer Interest Criterion In Competition Cases In Air Transport – On The Need Of A Definition, Jakub Kociubiński

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

This article seeks to contribute to the discussion that surrounds the European Commission’s Aviation Strategy for Europe issued in 2015. The Strategy was heralded as an attempt to create a comprehensive regulatory framework for the air transport sector. The paper focuses on the “consumer interest” criterion, as one of the factors taken into account in antitrust and merger cases. The presented line of inquiry postulates the creation of a cohesive interpretation standard of “consumer welfare” for both antitrust and merger control proceedings and advocates its inclusion into the newly-created aviation strategy.

Access To The Air Transport Market As Part Of International Regulations, Agnieszka Kunert-Diallo

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

The main purpose of this paper is to identify existing obstacles in access to the air transport market, which arise mostly from bilateral air transport agreements. The Author examines restrictions for both scheduled and non-scheduled international air services. On the one hand, these obstacles restrict competition and yet, on the other hand, they allow the conclusion of agreements which may fall under antitrust prohibitions. The analysis conducted by the Author shows the lack of a global compromise on the economic regulation of the air transport market. The Author illustrates effective liberalization on the example of the liberalization of air transport …

Open-Access Operators – A New Phenomenon In Railway Passenger Transport In The European Union, Marcin Król

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

The objective of this paper is to present an increasingly widespread phenomenon in railway passenger transport in the EU – open-access operators. They are defined as railway undertakings which (1) are newcomers to the market, (2) their operations are not subsidized by public authorities (of whatever level) and (3) they compete with their rivals “on the tracks”. The first section of the paper shows the context of the analysis. The second presents the extent of this phenomenon in the European Union. The third section focuses on formulating conclusions for competition resulting from prior experiences in this field.

International Air Transport Law: Unification Problems, Marek Żylicz

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

The article indicates that the historic advancement of international relations in aviation has led to the development of a complex structure of international economic regulations. This regime, which encompasses multilateral as well as thousands of bilateral agreements, does not guarantee global uniformity in the laws on commercial air transport. The hereto harmonization of international air law has generally embraced problems of air safety, but has so far been very limited when it comes to economic issues and competition. Numerous factors drive air policies in different States. Therefore, just as in other spheres of international relations, the major difficulty with the …

Institutional Autonomy Of Eu Regulatory Agencies: The Case Of The European Aviation Safety Agency, Natalia Kohtamäki

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

The paper analyzes problems connected with the processes of “agencification” identified in the European administrative space. The growing number of European regulators, especially decentralized agencies, is analyzed through the prism of their evolving institutional autonomy. From more than thirty such bodies existing in the EU, the Author chose to focus on the example of the European Aviation Safety Agency, which has a wide catalogue of decision-making and quasi-regulatory powers.

Ensuring The Interoperability Of The Rail System In The Eu - Selected Issues, Iwona Miedzińska

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

The article concerns EU law in the rail transport field meant to ensure the interoperability of rail systems by national safety authorities. The first part of this paper discusses relevant EU legislation. The second part is devoted to the interoperability of the rail system within the EU, including the implementation of the Directive on the Interoperability and Technical Specifications for Interoperability (hereafter, TSI), taking into account the practice of their application. Examined next are the duties and powers of national safety authorities arising from EU law. In particular, the Author characterizes the authorization procedure for the placing in service of …

Interpretative Guidelines On Regulation (Ec) No 1371/2007 On Rail Passengers’ Rights And Obligations – Clarification Or Increasing Doubts?, Karol Kłosowski

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

This article analyses the European Commission’s Statement entitled Interpretative Guidelines on Regulation (EC) No 1371/2007 on rail passengers’ rights and obligations. The Statement discusses issues concerning all areas covered by Regulation 1371/2007 i.e. technical issues (such as the scope of the application of the provisions of the Regulation or the possibility for Member States to get a temporary exemption from its applicability), protection of the interests of passengers (such as the contract of carriage, the right to information, the right to compensation), including also the needs of disabled persons and persons with reduced mobility, and finally the guidelines for the …

Jan Walulik, Progressive Commercialization Of Airline’S Governance Culture, Europrawo, Warsaw 2015, Małgorzata Polkowska

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

No abstract provided.

Table Of Contents

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

Table of contents

From The Editorial Board, Łukasz Gołąb, Jan Walulik

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

From the Editorial Board

Entire Issue Vol. 5 No. 2

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

Vol 5(2)

The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Philippe Schreiber

Georgia Journal of International & Comparative Law

No abstract provided.

The Proper Reach Of Territorial Jurisdiction: A Case Study Of Divergent Attitudes, Robert Y. Jennings

Georgia Journal of International & Comparative Law

No abstract provided.

Network Effects In Technology Markets: Applying The Lessons Of Intel And Microsoft To Future Clashes Between Antitrust And Intellectual Property, John T. Soma, Kevin B. Davis

Georgia Journal of Law & Technology

No abstract provided.

A Critique Of Saudi M&A Laws, Mulhim Hamad Almulhim

SJD Dissertations

This dissertation aims to elucidate Saudi Arabia’s mergers and acquisitions (M&A) laws. The dissertation studies and analyzes current Saudi M&A laws with reference to comparative models from different countries and provides recommendations to improve the transparency and efficiency of Saudi Arabia’s M&A laws. Such improvements may help companies attempting to conduct M&A activity in Saudi Arabia address certain barriers and difficulties, which may in turn help to stimulate the Saudi Arabian economy.

Saudi Arabia is considered one of the world’s foremost emerging markets. Since Saudi Arabia joined the World Trade Organization, its stock market has been growing quickly, including rapid …

Antitrust: Helping Drive The Innovation Economy, Renata B. Hesse

Journal of Technology Law & Policy

The year 2015 was a busy year for the Antitrust Division (Division) of the U.S. Department of Justice (Department)—we opened a number of investigations, logged a lot of trial time, and recorded several victories of note, all of which I will quickly highlight in a moment.

But while these actions give you a snapshot of what we do on a day-to-day basis, they don’t fully capture our role in helping drive innovation. What I want to discuss first is how all of that work that we do maintaining competitive markets intersects with an economy that is constantly changing. Today, there …