Antitrust and Trade Regulation Commons^™

The Legal Status Of Personalized Media, Jędrzej Skrzypczak

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

A dynamic development of media-related digital technologies has been observed throughout recent decades. These phenomena are conducive to significant social, economic, political and legal transformations. The development of digital media has led to the creation of many new categories of transfers and modifications of traditional communication patterns. One of the most interesting examples of these phenomena is personalized media. This could be media on-demand, but also media available via streaming, tailored to the needs of a specific recipient. The legal status of personalized media is surrounded by many doubts. This paper focuses on analyzing the legal rules defining the formal …

Table Of Contents

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

Table of Contents

Entire Issue Vol. 4 No. 7

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

Vol. 4(7)

Regulating Audiovisual On-Demand Services. New Solutions For The ‘New Media’?, Katarzyna Klafkowska-Waśniowska

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

The article covers the Polish implementation of the Audiovisual Media Services Directive (AVMSD) concerning on-demand audiovisual media services. Three main issues are discussed: the definition and delineation of on-demand audiovisual services as well as rules on the protection of minors and on the promotion of European works. The concept of ‘on-demand audiovisual media service’ provokes many questions as to the scope of its regulation, particularly when it comes to the separation of the audiovisual media sector from electronic press. The author discusses the ‘comparability’ criterion, as a part of the definition of a ‘programme’, and the lack of the express …

Katarzyna Chałubińska-Jentkiewicz, Audiovisual Media Services. Regulation In The Conditions Of Digital Conversion. Ss. 356. Warsaw 2013, Michał Możdżeń-Marcinkowski

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

Warsaw 2013, pp 356

Legal Status Of Connected Tv On The Basis Of The Broadcasting Act Of 29th December 1992, Tomasz Zdzikot

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

Growing convergence of media leads to far-reaching changes in the manner of reception of content offered through various communication channels. Convergence also connects service providers which used to operate completely separately and under different legal regimes. This issue is a source of many doubts from the point of view of the regulatory framework, incompatible with highly advanced and innovative services. The development of hybrid systems, combining television and the Internet, makes it necessary to attempt to assign market facts to binding law – key among them, within media services, is the Broadcasting Act of 29th December 1992.

The Polish List Of Major Events And The Context Of Its Creation, Albert Woźniak

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

Article 20b(3) of the Polish Broadcasting Act gives the Polish National Broadcasting Council – KRRiT – the authority to issue a biding act (in Polish: Rozporządzenie, that is, a regulation) creating a list of major events, having regard to the degree of social interest in the given event and its significance to social, economic and political life. The article presents the context of creating the Polish list and the criteria which were taken into consideration while the KRRiT was adopting it.

Self-Promotion Of Audiovisual Media Providers, Elżbieta Czarny-Drożdżejko

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

The article describes rules on the issue of self-promotion in the European Convention on Transfrontier Television, in the Audiovisual Media Services Directive and in the Polish Broadcasting Act. Self-promotion is a complex matter as it can take different forms such as advertisements of products of the media service providers, trailers and sometimes even prevue. The legislator is not entirely consistent in the terminology used and does not differentiate this phenomenon. Self-promotion is a form of commercial communication intended to encourage the promotion of goods or services of the sender. Self-promotion is thus subject to all provisions governing the form and …

Transmission Rights To Major Events In The Light Of Eu Law, Małgorzata Pęk

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

The article presents the model of exercising transmission rights to ‘major events’ adopted in EU law in the light of the interpretative activities of the Court of Justice, guidelines of the European Commission and best practices of EEA countries. The article aims to stress the need to revise the EU legal framework, namely the Audiovisual Media Service Directive, and to adopt a more coherent, precise and transparent regulatory approach.

Distribution Of Television Programs As A Telecommunications Service, Stanisław Piątek

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

The Article concerns the consequences of declaring the service of ‘providing television services to subscribers’ to be a ‘telecommunications service’, which resulted from judicial developments as well as from a statement of the Telecommunications Regulator. The change was meant to provide subscribers of television services with legal protection corresponding to that available to subscribers of telecommunications services, breaking free from the established, literal interpretation of EU and national law. However, apart from the expected changes concerning the relationships between service providers and subscribers, the paper shows also the unexpected results of the new interpretation which, in turn, do not have …

Video Materials On Newspaper’S Website And The Application Of The Audiovisual Media Services Directive. Comment To The Judgment Of The Court Of Justice Of The European Union (Second Chamber) Of 21 October 2015, Case C 374/14, New Media Online Gmbh, Andrzej Nałęcz

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

No abstract provided.

New Media Services In A Changing Regulatory Framework, Stanisław Piątek

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

From the Volume Editor.

Strategy For The Polish Media Market For The Years 2015–2020, Wojciech Dziomdziora

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

Organisational report

Report On The 5th Meeting Of The Directorate General For Information Technology And Communications On Self- And Co-Regulation, Lidia Żebrowska

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

Brussels, 12 June 2015

Ring-Fencing The Power Envelope Of History's Second Most Important Invention Of All Time, Steven Ferrey

William & Mary Environmental Law and Policy Review

No abstract provided.

Ncaa And The Rule Of Reason: Analyzing Improved Education Quality As A Procompetitive Justification, Cameron D. Ginder

William & Mary Law Review

No abstract provided.

Exclusionary Conduct In Antitrust, Elyse Dorsey, Jonathan M. Jacobson

St. John's Law Review

(Excerpt)

American society has a long history of encouraging competition and a long history of abhorring monopoly. Often those two goals are complementary, but not always. What happens if a company competes so aggressively that it wipes out its competitors and gets a monopoly? Is that good or bad? The easy answer is that normal competition is fine, but unfair or predatory competition is not. But that easy answer is not particularly helpful. It is often very hard to distinguish the good from the bad. Low prices are good, right? But what if they are below cost so that rivals …

Revising The U.S. Vertical Merger Guidelines: Policy Issues And An Interim Guide For Practitioners, Steven C. Salop, Daniel P. Culley

Georgetown Law Faculty Publications and Other Works

Mergers and acquisitions are a major component of antitrust law and practice. The U.S. antitrust agencies spend a majority of their time on merger enforcement. The focus of most merger review at the agencies involves horizontal mergers, that is, mergers among firms that compete at the same level of production or distribution.

Vertical mergers combine firms at different levels of production or distribution. In the simplest case, a vertical merger joins together a firm that produces an input (and competes in an input market) with a firm that uses that input to produce output (and competes in an output market). …

State Action On Appeal: Parker Immunity And The Collateral Order Doctrine In Antitrust Litigation, Jason Kornmehl

Seattle University Law Review

The collateral order doctrine is perhaps the most significant exception to the general rule that only final judgments are appealable. The doctrine is particularly important in antitrust litigation when a defendant asserts state action immunity, often referred to as Parker immunity. However, the circuit courts have struggled with the question of whether a denial of Parker immunity is immediately appealable as a collateral order. This unsettled procedural issue is further complicated by the fact that the substantive law on Parker immunity differs depending on the entity asserting state action. This Article argues that a governmental entity that is deemed part …

Rising To China's Challenge In The Pacific Rim: Reforming The Foreign Corrupt Practices Act To Further The Trans-Pacific Partnership, Michael B. Runnels

Seattle University Law Review

It is a commonly held myth that the rise of U.S. global economic hegemony rests upon a free trade philosophy. On the contrary, protectionist trade policies were central to galvanizing American industrialization. This misconception lies at the heart of why the trade liberalization policies enforced under the U.S.-led Bretton Woods institutions, the World Bank and the International Monetary Fund (IMF), brought ruinous results to many poor countries. The subsequent decline in credibility of these institutions challenges their continued relevance and opens a space for powerful nations to fashion alternative rules of trade. China is a member of the IMF but …