Antitrust and Trade Regulation Commons^™

Can You Trust Your Trust?: Analyzing The Decision And Implications Of Rachal V. Reitz On Arbitration Provisions In Trust Agreements, Michael Tipton

Akron Law Review

This Note proceeds in three parts. Part Two provides insight on the history and development of trust law as well as the interest in arbitration to settle trust disputes. Part Three explains the factual background, holding, and rationale of the Supreme Court of Texas in Rachal v. Reitz. Part Four analyzes the Court’s decision and its implications. This part also asserts that the Court ruled correctly by giving effect to the intent of the settlor, including the arbitration agreement in the Texas Arbitration Act, and laying the groundwork for arbitration agreements to be enforced against trustees and beneficiaries on the …

Standing In The Way Of The Ftaia: Exceptional Applications Of Illinois Brick, Jennifer Fischell

Michigan Law Review

In 1982, Congress enacted the Foreign Antitrust Trade Improvements Act (FTAIA) to resolve uncertainties about the international reach and effect of U.S. antitrust laws. Unfortunately, the FTAIA has provided more questions than answers. It has been ten years since the Supreme Court most recently interpreted the FTAIA, and crucial questions and circuit splits abound. One of these questions is how to understand the convergence of the direct purchaser rule (frequently referred to as the Illinois Brick doctrine) and the FTAIA. Under the direct purchaser rule, only those who purchase directly from antitrust violators are typically permitted to sue under section …

Into The Amazon: Clarity And Transparency In Ftc Section 5 Merger Doctrine, Christina C. Ma

St. John's Law Review

(Excerpt)

Part I of this Article provides a description of the enforcement procedures available to the DOJ and the FTC and of the existing standards guiding enforcement. Part II discusses how agency settlements and greater court deference to the agencies has changed the landscape of merger enforcement, raising transparency and accountability concerns. These concerns are magnified within the FTC because of its administrative proceeding and section 5 powers, ultimately providing the FTC with greater opportunity to shape merger law. Despite the expansive discretion available to the FTC, section 5 case law is sparse. Part III tracks early attempts to broaden …

Constitutional Law, Import-Export Clause: Non-Discriminatory, Fairly Apportioned Excise Tax Applied To Stevedoring Companies Loading And Unloading Goods In Imports And Export Transit Does Not Constitute An Import Or Duty Within The Prohibition Of The Import-Export Clause, Tony G. Mills

Georgia Journal of International & Comparative Law

No abstract provided.

The New Road To Serfdom: The Curse Of Bigness And The Failure Of Antitrust, Carl Bogus

Law Faculty Scholarship

This Article argues for a paradigm shift in modern antitrust policy. Rather than being concerned exclusively with consumer welfare, antitrust law should also be concerned with consolidated corporate power. Regulators and courts should consider the social and political, as well as the economic, consequences of corporate mergers. The vision that antitrust must be a key tool for limiting consolidated corporate power has a venerable legacy, extending back to the origins of antitrust law in early seventeenth century England, running throughout American history, and influencing the enactment of U.S. antitrust laws. However, the Chicago School's view that antitrust law should be …

Throwing The Flag On Pay-For-Play: The O'Bannon Ruling And The Future Of Paid Student-Athletes, Joseph Davison

Washington Journal of Law, Technology & Arts

A group of former and current football and men’s basketball players, led by ex-UCLA basketball star Edward O’Bannon, brought an antitrust suit against the NCAA in the U.S. District Court for the Northern District of California. Their goal was to obtain an injunction ending the NCAA’s rules preventing players from being paid for the use of their names, images, or likenesses. Relying in large part on a 1984 Supreme Court case, NCAA v. Board of Regents of the University of Oklahoma, the NCAA claimed that there are specific procompetitive justifications for the restrictions, namely, amateurism and competitive balance. The …

The Canadian Trademark Regime: Amendments To The Trade-Marks Act And The Threat To Canada And The United States, Stephane Abitbol

Cardozo Journal of International and Comparative Law

The Canadian Government's proposed trademark reforms, particularly the elimination of the use requirement, risk destabilizing Canada's trademark regime, increasing litigation, and undermining its economic relationship with the United States. These changes deviate from the U.S. system under the Lanham Act, which requires use or intent to use, and could lead to a cluttered trademark register, harm businesses, and reduce market efficiency. While the reforms aim to align with international treaties, the elimination of the use requirement is unnecessary, as the treaties allow for maintaining such a requirement. The reforms threaten to disadvantage both domestic and foreign entities, particularly U.S.-based businesses, …

Balancing Effects Across Markets, Daniel A. Crane

Articles

In Philadelphia National Bank (PNB), the Supreme Court held that it is improper to weigh a merger's procompetitive effects in one market against the merger's anticompetitive effects in another. The merger in question, which ostensibly reduced retail competition in the Philadelphia area, could not be justified on the grounds that it increased competition against New York banks and hence perhaps enhanced competition in business banking in the mid-Atlantic region. I will refer to the Supreme Court's prohibition on balancing effects across markets as a "market-specificity" rule. Under this rule, efficiencies that may counterbalance anticompetitive aspects must be specific to …

Authorisation Of Rpm In The Decision Of The Australian Antitrust Authority (Tooltechnic Case From December 2014), Konrad Kohutek

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

This paper describes the Australian Tooltechnic case, in which the antitrust authority – for the first time in history – has authorized application of resale price maintenance by that undertaking. Besides the presentation of the fact of the case, this article evaluates legal and economic arguments which determined the authorization of such practice and also their relevance for the application of Polish and European prohibition of competition restricting agreements relating to RPM.

Anti-Competitive Or Pro-Competitive Objective Of Consortium Bidding In Public Procurement – Analysis And Opinion, Małgorzata Sieradzka

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

This paper reviews issues arising when assessing the objectives of consortium participation in procedures for the award of public contracts. For economic operators, a bidding consortium is a legally acceptable form of participation in public procurement procedures. The essence of consortium bidding is a joint bid for a contract submitted and agreed upon by the members of the consortium. However, agreeing on how to bid by multiple economic operators entering a given public contract procedure is deemed restrictive to competition. It is thus crucial to determine the circumstances under which the submission of a joint bid is to be deemed …

Between The Effectiveness Of Administration And Legal Certainty Of Traders – Comments To The Law Of 5 August 2015 Amending The Polish Act On Competition And Consumer Protection And Other Laws, Cezary Banasiński, Monika Bychowska

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

This paper evaluates recent changes made to the Act on Competition and Consumer Protection of 2007. The new amendment concerns, in particular, the scope and method of protecting weaker market participants (consumer) before their contracts concluded with business, and containing abusive clauses, actually become binding. The amendment has reoriented the current system in matters concerning abusive clauses as well as introduced a new practice infringing consumer interests in financial markets. The new rules give the UOKiK President a high level of discretion regarding his decisions; it remains to be seen in practice, whether the use of the new solutions will …

Table Of Contents

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

Table of contents

In Defense Of Sports Antitrust Law: A Response To Law Review Articles Calling For The Administrative Regulation Of Commercial Sports, Marc Edelman

Washington and Lee Law Review Online

In recent years, two law review articles have proposed that the United States regulate commercial sports through a direct federal commission, rather than through traditional antitrust remedies. Nevertheless, the practical realities of commercial sports’ power to influence government policy offset the many theoretical advantages to creating a specialized regulatory body to oversee commercial sports. The commercial sports industry already possesses an extraordinarily strong lobbying arm that has successfully lobbied for special legislation, such as the Sports Broadcasting Act of 1961 and the Professional and Amateur Sports Protection Act of 1992. If commercial sports ever were to become administratively regulated, sports …

Arbitration And Competition Law – In Response To Dr Tomasz Bagdziński, Szymon Syp

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

The present article is a response to a polemical article written by Tomasz Bagdziński entitled: Arbitration and competition law – a voice in the debate in relation to an article entitled Arbitration and competition law – a selected theoretical and practical issues. In this paper, the Author focuses on two issues: the redress mechanism in cases of claims resulting from competition law infringement and settling competition law disputes by arbitration courts. In the response, the Author points to a number of legal issues still to be resolved, which are part of the discussion about the inter-relationship between competition law and …

Consumers And Competition Law: Still Developing And Often Discussed, Konrad Kohutek

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

From the Volume Editor

Report On The 1st Polish Congress Of Competition Law, Dariusz Aziewicz, Agnieszka Jabłonowska, Teresa Kaczyńska, Aleksandra Kłoczko, Katarzyna Skowrońska, Ilona Szwedziak-Bork, Bartosz Targański

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

Warsaw, 13–15 April 2015

Consequences Of Independent Public Healthcare Providers Not Being Granted The Status Of An “Economic Entity” In Light Of National And Eu Competition Rules. Case Comment To The Judgment Of The Supreme Court Of 22 July 2014, Sk 192/13, Radosław Szczepka

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

No abstract provided.

Elements Of A Dynamic Analysis Of The Impact Assessment Of A Merger On The Relevant Market, Wojciech Piwowarczyk

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

The article covers issues related to dynamic impact assessment (for an individual relevant market) of mergers and, derived from that impact assessment, the permissibility of a merger. It presents criteria that should be taken into consideration by competition authorities during the relevant markets’ prospective analysis, which is characterized by particular volatility (or potential volatility). This volatility in the prospective analysis goes beyond speculations and focuses on anticipated effects of the merger in the sphere of economic trends. The article presents varies reasoning that has in practice been used in merger control cases, but has not been directly articulated. This reasoning …

Is Antitrust Risk Management Possible And Can It Generate Benefits?, Maciej Fornalczyk

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

Conducting an economic activity means the permanent clash of diverse economic risks, understood as the appearance of the undesirable event of a negative impact on economic efficiency expected by the entrepreneur. Some questions have to be addressed at this point: (1) is it possible to manage the risk in order to minimize the consequences of undesirable events; (2) how the decrees should be understood and; (3) what instruments should be used? An attempt is made in this paper to answer these questions, or to indicate the need to clarify or to define their substantial scopes. Managing antitrust risk is of …

Legal Qualification Of Spamming As An Act Of Unfair Competition Under The Law On Electronic Services And The Law On Unfair Competition, Monika Szczotkowska

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

The development of new technologies creates numerous conveniences for humans – they can make work easier, cheaper and eliminate errors. Thanks to new technologies, humans can optimize their actions, so that they are able to faster achieve their purpose. New technologies have also influenced the development of entrepreneurship, and in turn, they affect the shaping of competition. Today, almost every trader uses technological means of communication; almost every single one of them uses them for marketing activities. The fact that only minimal investment is needed for the transmission of information by technological means (electronic mail in particular), caused the emergence …