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When Will The Creation Of A New Company Not Be Classified As A Joint Venture? Practical Considerations Regarding Joint Ventures Under Polish Competition Law, Joanna Lenart, Teresa Kaczyńska

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

The purpose of this article is to analyze the creation of a new joint venture company under Polish competition law. This analysis covers cases and situations which, in the authors’ opinion, should and should not be classified as the creation of a joint venture in the decisional practice of the UOKiK President. The authors provide an overview of potential problems and discrepancies between the definitions of a joint venture under Polish and EU competition law. These differences are of crucial importance in practice. The article discusses in detail the obligation to notify an intended concentration involving the establishment of a …

“Mystery Shopper” As A New Tool For Obtaining Evidence Of Practices Harmful To The Collective Interests Of Consumers, Ewa Mandrosz

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

The article discusses the institution of a “mystery shopper” which will be introduced into the Polish Act on Competition and Consumer Protection on 17 April 2016. This institution will make it possible to conduct activities related to the purchase of goods during an inspection, with the possibility of recording these activities via audio or visual recording equipment, without informing of that fact the undertaking subject to the inspection. In the expectations of the legislature, this institution is designed to be a tool for obtaining evidence of practices harmful to the collective interests of consumers. The paper provides an assessment of …

The Internet As A Place Of Unfair Competition Practices – The Issue Of Legal Protection For A Domain Name, Anna Tworkowska-Baraniuk

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

The Internet is now an indispensable part of both social and economic life around the world. As a relatively new place of entrepreneurial activity, the Internet may also be the place for various types of law infringements. The Internet experiences also an increasing number of new, specific forms of unfair competition practices. The fundamental problem facing those trying to prevent such practices, is the fact that there are no separate regulations on unfair online trading. This article aims to provide examples of practices typical for the Internet environment, which can be qualified as acts of unfair competition, as well as …

The Principle Of Proportionality In Calculating Fines For Competition Law Violations. Analysis Of The Fine Calculation Method In The Eu, Turkey And Poland, Aleksandra Kłoczko

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

This paper analyses the compatibility with the principle of proportionality and the principle of fine individualisation of the fine calculation methodology used under Article 106 of the Polish Competition and Consumer Protection Act. According to established CJEU jurisprudence, when calculating a fine it is possible to refer to either the company’s entire turnover, which indicates the company’s market power, or to the amount gained from sales of products covered by the infringement. It is apparent from CJEU jurisprudence that although Article 23(2) of Regulation No. 1/2003 leaves the Commission discretion as to setting the amount of fines, it nevertheless also …

Private Enforcement In Germany – Review Of Recent Jurisprudence, Mariusz Motyka-Mojkowski

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

Alongside the United Kingdom and the Netherlands, Germany is among the EU Member States where private enforcement is becoming increasingly important in practice. This tendency shows clearly in the growing number of legal proceedings initiated by plaintiffs in either follow-on or stand-alone cases. The goal of this paper is to present the most recent developments in German jurisprudence concerning private enforcement of competition law. Particular emphasis is paid to alternative models of collective enforcement. The paper also covers key changes introduced into the German legal system upon the implementation of Directive 2014/104.

Anti-Competitive Provisions In Commercial Lease Agreements Of Large Surface Shopping Malls. Judgment Of The Court Of Justice Of The European Union Of 26 November 2015 In Case C-345/14 Sia Maxima Latvija V Konkurences Padome, Olga Stefanowicz

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

No abstract provided.

Legal Standard Regarding Vertical Pricing Restraints Consisting Of Resale Fixed (Or Minimal) Price Maintenance Under The Polish Act On Competition And Consumer Protection. Judgment Of The Supreme Court Of 23 November 2011, Iii Sk 21/11, Agata Zawłocka-Turno, Bartosz Turno

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

No abstract provided.

Does Sending A File To A Recycle Bin Constitute A Breach Of The Duty To Cooperate During An Inspection Conducted By The Uokik President? Judgment Of The Court Of Appeals In Warsaw Of 30 January 2015, Vi Aca 446/14, Radosław Niwiński

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

No abstract provided.

Changes, Changes, Changes…, Anna Piszcz

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

From the Volume Editor

Report On The First National Conference Changes In The Polish Postal Sector, Łódź, 9.12.2015, Marcin Kraśniewski

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

Łódź, 9 December 2015

Entire Issue Vol. 5 No. 1

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

Vol 5(1)

1995 Antitrust Guidelines For The Licensing Of Intellectual Property: Harmonizing The Commercial Use Of Legal Monopolies With The Prohibitions Of Antitrust Law, Thomas L. Hayslett Iii

Georgia Journal of Law & Technology

No abstract provided.

Movement For Quality Government V. Prime Minister, Elyakim Rubinstein, Salim Joubran, Noam Sohlberg, Uzi Vogelman, Esther Hayut

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The Petitions disputed the legal validity of the Gas Outline adopted by the Government in the framework of Government Decision 432 in regard to the treatment of the gas reserves (hereinafter: the Gas Outline). The state and the gas companies holding the franchises defended the Gas Outline.

The Supreme Court, sitting as High Court of Justice (in an expanded bench of five justices) ruled …

Intersection Between The Patent System And Antitrust Laws: Patents Speeding, Antitrust Yielding, Innovation Bleeding!, Stijepko Tokic

Akron Intellectual Property Journal

In this article, I explain the interaction between the two laws and describe the ways in which these two extremely important areas of government regulation are and are not in tension. I argue that the conflict between the two laws is overstated, but the proper balance is far from being found. The reason for that is a notion that the current state of the patent system is more of a hindrance than a spur to innovation and competition due to overprotection and broadening of patent rights, lowering of standards to grant patents, chronic inefficiency of the Patent and Trademark Office …

Permissible Product Hopping: Why A Per Se Legal Rule Barring Antitrust Liability Is Necessary To Protect Future Innovation In The Pharmaceutical Industry, Michelle L. Ethier

Akron Intellectual Property Journal

Pharmaceutical product hopping is a relatively new phenomenon in which a brand-name pharmaceutical company tactically reformulates a drug and patents the reformulation in an attempt to avoid competition by a generic competitor. When viewed in the context of the HatchWaxman framework, product hopping can effectively eliminate generic competitors from the market, thereby implicating § 2 of the Sherman Act. In addressing antitrust liability, this Note advocates a per se legal approach to product hopping so long as the hop is supported by a valid patent. Although some have argued that deference to the United States Patent and Trademark Office and …

Evaluating Joint Ventures: Economic Analysis Checklist, Steven C. Salop

Georgetown Law Faculty Publications and Other Works

This short article (for a symposium on joint ventures) provides practitioners and law professor with a 20 question checklist to guide the competitive effects analysis of the formation of a joint venture and the specific restraints and conduct of the venture. The questions mainly focus on ventures among actual or potential competitors, though some of the questions also are relevant for ventures involving complementary product firms. The questions concern potential competitive harms, potential competitive benefits, and the determination of net competitive effects. While this sequencing follows the standard burden-shifting formulation of the rule of reason decision process, the article notes …

Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post

Touro Law Review

No abstract provided.

Preface To The Gateway Thread, Deborah Post

Touro Law Review

No abstract provided.

Cognition And Common Sense In Contract Law, Beverly Horsburgh, Andrew Cappel

Touro Law Review

No abstract provided.

Common Sense, Contracts, And Law And Literature: Why Lawyers Should Read Henry James, Lenora Ledwon

Touro Law Review

No abstract provided.