Antitrust and Trade Regulation Commons^™

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 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 …

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 Now that the information function of most advertising is obsolete, the FTC should renew its campaign …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, 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, 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, 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 …

Trading Goods For Bad: Is Public Policy Undermined By Investor State Dispute Mechanisms?, Michelle C. Perez

University of Miami Inter-American Law Review

No abstract provided.

How Meyer V. Uber Could Demonstrate That Uber And The Sharing Economy Fit Into Antitrust Law, Nicholas Andrew Passaro

Michigan Business & Entrepreneurial Law Review

Recently, Uber driver (and former Uber CEO) Travis Kalanick has been sued under antitrust laws. The plaintiffs argue that Mr. Kalanick and the other Uber drivers have engaged in a price fixing arrangement that violates §1 of the Sherman Act. The case, Meyer v. Uber (originally Meyer v. Kalanick), is still being litigated. This Comment will analyze each side’s potential arguments and will ultimately conclude that the court should find Uber drivers not guilty of a Sherman Act violation. This determination will be based on: the merits of the various arguments, how such a holding would fit within the …

Keynote Address To The Atlas Conference: “International Business Disputes In An Era Of Receding Globalism”, Lord Peter H. Goldsmith Qc, Pc

Georgia State University Law Review

This is a transcript of the luncheon keynote address by Lord Peter Goldsmith at the Sixth Annual Conference of the Atlanta International Arbitration Society (AtlAS) on October 23, 2017.

Lord Peter Goldsmith QC, PC, is London Co-Managing Partner and Chair of European and Asian Litigation at Debevoise & Plimpton LLP. He joined the firm after serving as the UK’s Attorney General from 2001-2007, prior to which he was in private practice as one of the leading barristers in London.

Lord Goldsmith has a long practice in arbitration and in the interface between arbitration and litigation. He appears as counsel for …

The Antitrust Duty To Charge Low Prices, Ramsi A. Woodcock

Cardozo Law Review

Over the past forty years, antitrust has come to embrace a goal of consumer welfare maximization that cannot be achieved solely through condemnation of collusive or exclusionary conduct. To address cases in which firms achieve the power to raise prices and harm consumers without engaging in collusive or exclusionary conduct, antitrust should impose a general duty on businesses to charge a price no higher than economic cost. Courts would not need to set prices to enforce this duty, because violations would be punishable only by nominal damages, and shame, rather than by an injunction setting a reasonable price. Although the …

The Antitrust Duty To Charge Low Prices, Ramsi Woodcock

Law Faculty Scholarly Articles

Over the past forty years, antitrust has come to embrace a goal of consumer welfare maximization that cannot be achieved solely through condemnation of collusive or exclusionary conduct. To address cases in which firms achieve the power to raise prices and harm consumers without engaging in collusive or exclusionary conduct, antitrust should impose a general duty on businesses to charge a price no higher than economic cost. Courts would not need to set prices to enforce this duty, because violations would be punishable only by nominal damages, and shame, rather than by an injunction setting a reasonable price. Although the …

China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act, Daniel C.K. Chow

Texas A&M Law Review

China’s highly publicized crackdown on corruption may affect the type and number of cases in China that arise under the Foreign Corrupt Practices Act (“FCPA”), but it should not be assumed that the crackdown will necessarily lead to fewer FCPA prosecutions. Although there is some overlap of the goals of China’s corruption crackdown and the goals of the FCPA, China’s crackdown also serves important goals of the ruling Communist Party. The main goal of the current crackdown is to reinforce the Party’s power by targeting enemies and rivals of the current leadership. The crackdown is not aimed at prohibiting bribes …

Investor-State Dispute Settlement: Human Rights And Regulatory Lessons From "Lilly V. Canada", Daniel J. Gervais

Vanderbilt Law School Faculty Publications

The triangular interface between trade, intellectual property (IP) and human rights has yet to be fully formed, both doctrinally and normatively. Adding investor-state dispute settlement (ISDS) to the mix increases the complexity of the equations to solve. Two resultant issues are explored in this Article. First, the Article considers ways in which broader public policy objectives—in particular the protection of human rights—can and should be factored into determinations of whether a state’s action is compatible with its trade obligations and commitments in the state-to-state dispute settlement context. Second, the Article examines whether doctrinal tools used in state-to-state, trade-dispute settlement to …

Legal Issues Surroundings Airline Alliances And Code-Share Arrangements: Insights For The Indonesian And Airline Industry, Ridha Aditya Nugraha

Indonesia Law Review

Following the liberalization of the aviation industry, airlines have been searching for the right business model for their expansion. Today the business concept of the airline alliance is deemed as the correct answer, as many big airlines have joined to secure their business. Code-share arrangements could be seen as the perfect implementation of an airline alliance. Alliances are more flexible than cross-border mergers and takeovers due to national restrictions, making it legally viable and thus a preference. However, code-share arrangements have further legal implications that have led into classification of carriers and ended up a liability issue. There are several …

On The Obligation To Cooperate Within The Course Of A Control During Proceedings Before Competition Authorities – Once Again, Bartłomiej Miedzianowski

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

The article analyzes the requirement and importance of cooperation concerning the relationship between the controlling competition authority and the controlled economic entity. In the light of EU and Polish jurisprudence, it presents the essence and role of proper cooperation within the course of control activities undertaken by the representatives of competition authorities. Also presented is the issue of possible financial penalties in the event of an improper or insufficient fulfillment of the co-operation obligation. The paper outlines then the manner of a control, so that the financial controller does not impose financial penalties upon the enterprise being controlled. Key words: …

Infringement Of The Standstill Obligation (Gun Jumping) In The Decisional Practice Of The European Commission And In Eu Jurisprudence, Aleksandra Mariak

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

The aim of this paper is to present the issue of gun jumping in the decisional practice of the EC and in EU case law. Outlined at the outset is the general framework of competition law obligations imposed on merging parties prior to obtaining a merger clearance. Presented next is the decisional practice of the EC and the judgments of EU courts regarding gun jumping. On that basis, the paper provides conclusions as to the scope of the standstill obligation and the current approach of the EC to fining gun jumping. The article also discusses possible solutions meant to increase …

Staggered Or Creeping Concentrations Under The Eu Merger Control System, Adrian Bielecki

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

The paper provides an analysis of rules on staggered or creeping concentrations (i.e. group of transactions treated as a single transaction for the purposes of the assessment of an obligation to notify such operation to the European Commission) under the EU merger control system as well as the enforcement of these rules. The paper includes, inter alia, an analysis of rules on subsequent transactions as well as suggestions how to improve the rules on staggered concentrations.

Goals Of Preventive Concentration Control, Łukasz Kryśkiewicz

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

The article presents selected aspects of preventive concentration control of enterprises. The goals and the different nature of this review (different from those usually applied to entrepreneurs) are particularly interesting and important from the standpoint of competition protection. Therefore, considered in this article are issues related to the competitiveness of enterprises and selected aspects of their concentrations. Analyzed are also the goals of competition law. The last part of the paper contains comments concerning the essence, objectives and effects of preventive concentration control.

Preventive Supervision Of Concentrations Of Entrepreneurs And Selected Economic Operations Related To Investment Funds, Dariusz Aziewicz

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

The article concerns concentration control on the investment funds market under Polish competition law. The author focuses on the basis of notifications of intended concentrations, indicating what forms of concentrations should be considered in case of particular business operations that include investments funds.

Non-Compete Clause As An Ancillary Restraint Created By Undertakings In The Framework Of Concentrations Of Enterprises, Tomasz Krzyżewski

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

The article regards ancillary restraints created by undertakings in the framework of their concentrations. Analyzed in particular is the matter of the most commonly used ancillary restraint – a non-compete clause. The purpose of this article is to analyze non-compete closes and to present proposed changes regarding their regulation and review on the grounds of Polish competition law.