Antitrust and Trade Regulation Commons^™

Inspections In The Proceedings Before Uokik, Judgements Of The Sokik Of 20 March 2015 , Xvii Ama 136/11 And 8 August 2014, Xvii Ama 145/11, Dariusz Aziewicz

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

No abstract provided.

Jan Szczodrowski, Kontrola Rynków Oligopolistycznych W Prawie Konkurencji, Lex A Wolters Kluwer Business, Warszawa 2015, Ss. 350, Konrad Kohutek

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

No abstract provided.

Anna M. Nolan, Eu Merger Law. Effectiveness Of The System Of Referrals Of The Cases Involving Control Of Concentrations [In Polish: Unijne Prawo Konkurencji. Efektywność Systemu Odesłań Spraw Dotyczących Koncentracji Przedsiębiorstw] C.H. Beck, Warszawa 2015, Dariusz Aziewicz

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

No abstract provided.

Seminar The Most Important Changes In Consumer Protection Law In The Light Of The Act Of 5 August 2015 Amending The Competition And Consumer Protection Act [In Polish: Najważniejsze Zmiany W Sferze Ochrony Konsumentów W Świetle Ustawy Z Dnia 5 Sierpnia 2015 R. O Zmianie Ustawy O Ochronie Konkurencji I Konsumentów Oraz Niektórych Innych Ustaw], Instytut Nauk Prawnych Pan, Warsaw, 14 April 2016 R., Jarosław Łukawski

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

Warsaw, 14 April 2016 r.

The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow

Georgia Journal of International & Comparative Law

Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be …

The Nba's Deal With The Devil: The Antitrust Implications Of The 1999 Nba-Nbpa Collective Bargaining Agreement Note, Dan Messeloff

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Rethinking Article 422: A Retrospective On Ecuador's 2008 Constitutional Isds Recalibration, Alexander B. Avtgis

Indiana Journal of Constitutional Design

Is Ecuador’s adoption of Article 422 in the 2008 Constitution properly viewed as a “re-statification”1 of Investor State Dispute Settlement (ISDS)? And, since its implementation, has the constitutional article been effective in institutionally insulating Ecuador from the jurisdictional reach of international ISDS? This paper answers both questions in the negative—but qualifies such an outlook by balancing the drawbacks of Article 422 against its successes. Article 422’s provisions, strident in its attempt to create an alternative development vision, did not achieve all that the Constitution’s drafters had hoped. Nevertheless, in its limited effect of detaching Ecuador from certain ISDS fora, it …

More Than Just A Toothache? N.C. Dental Leaves Medical Boards Vulnerable: A Look At Telemedicine Companies And Antitrust Challenges To State Prescription Drug Rules, Alexander R. Kalyniuk

William & Mary Business Law Review

Encouraged by technological advancements and favorable provisions within the Affordable Care Act, telemedicine companies that offer online doctor visits are thriving in the health care industry. Online doctor visits are a relatively new and cost-efficient method to provide medical care over long distances that do not require patients to step outside their homes. However, many state medical board scope-of-practice rules prohibit physicians from prescribing medications without an in-person physical examination of the patient, which impedes telemedicine companies from offering their online services in those states. To circumvent this barrier, telemedicine companies may have a prima facie case under § 1 …

Product Hopping: A New Framework, Michael A. Carrier, Steve D. Shadowen

Notre Dame Law Review

One of the most misunderstood and anticompetitive business behaviors in today’s economy is “product hopping,” which occurs when a brand-name pharmaceutical company switches from one version of a drug to another. These switches, benign in appearance but not necessarily in effect, can significantly decrease consumer welfare, impairing competition from generic drugs to an extent that greatly exceeds any gains from the “improved” branded product.

The antitrust analysis of product hopping is nuanced. It implicates the intersection of antitrust law, patent law, the Hatch-Waxman Act, and state drug product selection laws. In fact, the behavior is even more complex because it …

The Role Of Design Choice In Intellectual Property And Antitrust Law, Stacey Dogan

Faculty Scholarship

When is it appropriate for courts to second-guess decisions of private actors in shaping their business models, designing their networks, and configuring the (otherwise non-infringing) products that they offer to their customers? This theme appears periodically but persistently in intellectual property and antitrust, especially in disputes involving networks and technology. In both contexts, courts routinely invoke what I call a “non-interference principle” — the presumption that market forces ordinarily bring the best outcomes for consumers, and that courts and regulators should not meddle in the process. This non-interference principle means, for example, that intermediaries need not design their networks to …

Legal Nature Of Consultation Between The European Commission And The President Of The Office Of Electronic Communications In Regulation Of The Telecommunication Market, Mateusz Chołodecki

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

The aim of the paper is to review the legal nature of the consultation procedure between European Commission (EC) and the President of the Office of Electronic Communications (UKE). In the procedure, EC analyses a draft of the regulatory measures notified by UKE and has right to issue a recommendation. Moreover, the author discusses a problem of the judicial control of the decision issued by UKE as a result of the consultation with EC. According to the author, only the national courts (SOKiK) are legitimate to control the decision.

Internet Of Things. Medical Treatment Delivered By Computers: Fiction Or Reality?, Ewa M. Kwiatkowska

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

The article discusses the Internet of Things (IoT) applications in medicine. The advantages of using electronic medical records are described. The possibilities of mobile applications and peripheral devices related to health and physical activity utilization are presented. The opportunities and threats that may arise from computerization of health care are discussed.

Zero-Rating In Internet Access Services And Specialised Services, Andrzej Nałęcz

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

Zero-rating is the practice of offering unlimited access to certain internet content to data plan subscribers in mobile communication networks. It is pertinent to the concept of network neutrality. The article explains the various types of zero-rating and presents their positive and negative consequences. The positives relate most of all to a beneficial influence on the competition between providers of internet access services. The negatives consist in a detrimental influence on the development of innovative internet content. Zero-rating is considered a threat to network neutrality even in developing countries, even though it is there that social development might benefit the …

New Legal Rules Of Providing Internet Access Services, Stanisław Piątek

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

Article presents the consequences of EU regulation 2015/2120 concerning open internet access for providers of access services and end-users. The scope and legal character of new rules are discussed. Elaborated are guarantees for end-users and restrictions imposed on service providers concerning traffic management measures. The article explains effects of new rules concerning content of contracts and enforcement of service provider’s responsibility for non-performance of quality requirements of service contracts. The BEREC guidelines regarding the monitoring and enforcing the regulation were presented.

Maturity Of Regulatory Regime In A Process Of Deregulation Of A Sector. Telecommunication Sector Example, Maria Dąbrowa, Renata Śliwa

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

There is an endeavor undertaken in the paper to outline the relations between deregulation phenomenon and the level of regulatory infrastructure maturity. The content of the article introduces the description of regulatory infrastructure, the methods if its presentation as well as the analytical approach to the relations between deregulation and regulatory infrastructure in telecommunications sector. The empirical analysis was directed to verify the hypothesis on the possible, positive impacts of the maturity of regulatory infrastructure on the scale of deregulation in telecommunications. The notions of the scale of deregulation and the condition of sectoral regulator were defined. The methodology of …

Journalistic Confidentiality In The Codes Of Journalistic Ethics, Ewa Galewska

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

Journalistic confidentiality and revealing information constituting thereof should be examined not only as a legal problem but also issue of highly important meaning in the light of journalists’ professional ethics. Journalists select values they intend to protect. When selecting such values journalists should apply provisions of law that are of key importance here. Provisions of law however should be complemented by norms of professional ethics aiming at supporting journalists making such difficult selection.

Postal Secrecy And Its Protection, Mariusz Czyżak

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

The notion of the postal secrecy and instruments of its legal protection are discussed in the article. The obligations of postal operators to protect the postal secrecy and the penal consequences of administrative and criminal law on account of the postal secrecy contravention are presented. In the article it was also indicated that the protection of the postal secrecy does not lose its importance considering an increase of the volume of courier services related to the development of electronic commerce.

Main Changes In The Law On Supporting The Development Of Telecommunications Networks And Services, Wojciech Dziomdziora

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

The article presents the main changes to the law on supporting the development of broadband services and networks. Changes in the subject and object scope of the Act were described. Article presents the definition of the technical infrastructure – as a new concept in the law Discussed is the principle of access to technical infrastructure and issues of information obligations imposed on operators, and telecommunications company’s right to inspect the technical infrastructure. Separate paragraph is devoted to the protection of infrastructure because of safety, health, defense and public order. Briefly presented are provisions on the point of information for telecommunications. …

Connections To Non-Geographic Numbers. Comment To The Judgment Of The Court Of Justice Of The European Union Of 14 April 2016, C – 397/14, Łukasz Pirożek

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

Contents: I. Introduction II. The subject of the case III. The reasons of the judgment of the Court of Justice of the EU IV. Summary

Konrad Stolarski, Prohibition Of The Abuse Of Dominant Position On The Telecommunication Markets In The Law Of The European Union, Cars, Wydawnictwo Naukowe Wydziału Zarządzania Uniwersytetu Warszawskiego, Warsaw 2015, Waldemar Hoff

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

No abstract provided.