Antitrust and Trade Regulation Commons^™

Qualification Of A Property Development Agreement In The Light Of The Prohibition Of Practices Violating Collective Consumer Interests – What Is Decisive: The Practice On The Property Development Market Or The Legally-Prescribed Content Of A Property Development Agreement? Comment To The Judgment Of The Competition And Consumer Protection Court Of 25 January 2016, Xvii Ama 153/14, Małgorzata Sieradzka

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

No abstract provided.

Monika Namysłowska, Black List Of Unfair Commercial Practices And The Limits Of Unfair Competition Law, Wolters Kluwer 2014, 628 P.; Review By Anna Zientara, Anna Zientara

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

No abstract provided.

Dorota Leczykiewicz, Stephen Weatherill (Eds.), The Images Of The Consumer In Eu Law, Hart Publishing 2016, 470 P.; Review By Monika Namysłowska, Monika Namysłowska

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

No abstract provided.

A Provisional Decision On Consumer Matters - A New Instrument For Responding To Practices Threatening The Collective Interests Of Consumers, Małgorzata Sieradzka

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

Strengthening consumer protection was among the objectives of an amendment introduced on 5 August 2015 to the Polish Act on the Protection of Competition and Consumers (Journal of Laws, Dz. U. 2015, item 1634). The legal instrument meant to ensure this is a ‘provisional decision’ issued before the end of proceedings regarding practices violating collective consumer interests. This paper’s objective is to analyse the nature of provisional decisions issued in the course of proceedings regarding practices violating collective consumer interests. Having regard to the prerequisites for the issuance of a provisional decision, it is also considered whether it will become …

The Legal Status And The Role Of Consumer Organizations In Proceedings On The Recognition Of Provisions Found In Model Contracts As Prohibited Clauses, Paulina Korycińska-Rządca

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

This article presents changes in Polish legislation on the participation of consumer organizations in proceedings on the recognition of provisions of model contracts as prohibited clauses. Unlike their past judicial character, the conduct of such proceedings is since 17 April 2016 within the competences of the Polish NCA – the UOKiK President. The Author presents powers granted to consumer organisation in connection to the (now administrative) proceedings, the purpose of which is to exercise abstract control over the provisions of model contracts. The article considers these powers in the time frame before the initiation of such proceedings, within their course …

‘Choice Of Law’ As An Unfair Provision In Consumer Contracts Concluded Online, Monika Jagielska, Aleksandra Kunkiel-Kryńska

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

An increased risk exists now related to the correct determination of the applicable law in consumer contracts (with an international aspect) concluded online. In case of a dispute regarding contracts between a consumer and a foreign entrepreneur, the consumer may face procedural difficulties. It is also possible that the law which has been applied, on the basis of the ‘choice of law’ clause, does not provide the type of protection which the consumer may have in his own place of residence. The Polish Supreme Court Such analysed this issue in a judgment dated 17 September 2014 (I CSK 555/13). The …

Table Of Contents

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

Table of contents

New, Newer, Newest, Monika Namysłowska

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

From the Volume Editor

New Rules For Contracts In The Digital Single Market, Vienna 21-22 January 2016, Agnieszka Jabłonowska

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

Vienna 21-22 January 2016

Consumer Protection On The Market For Services, Katowice 10–11 March 2016, Klaudia Łyszczek

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

Katowice 10–11 March 2016

Entire Issue Vol. 5 No. 3

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

Vol 5(3)

From The Great Depression To The Great Recession: On The Failure Of Regulation In The Mortgage Market, Dov Solomon

Journal of Legislation

People tend to attribute the outbreak of the 2008 financial crisis to deregulation. This article challenges this view and presents a unique perspective of the crisis as in fact rooted in the way the residential mortgage market is regulated. Focusing on non-recourse mortgage legislation, which is a unique feature of the US mortgage market dating back to the period following the Great Depression, the article analyzes the contribution of this legislation to the onset of the Great Recession. The discussion shows how regulation that was enacted in response to a major economic crisis not only failed to prevent a large-scale …

Getting A Handle On Growler Laws, Adam Star

Seattle University Law Review

This Note will begin with a brief general history of growlers in the United States and the benefits they provide to consumers, retailers, and small craft brewers. Part II will provide an overview of national alcohol distribution regulation and how the present growler law exists within this larger framework. To complete the necessary background information, Part III will provide context to the competitive landscape by way of an examination of the craft beer industry’s explosive growth. The substantive portion of the Note will follow in Part IV, beginning with an outline of the various key types of growler restrictions such …

The Shochu Conundrum: Economics And Gatt Article Iii, Alex Davis

Undergraduate Economic Review

This paper will discuss the National Treatment (NT) obligation contained in Article III of the General Agreement on Tariffs and Trade (GATT) 1994 as applied in precedential tax discrimination cases. Case law has not taken a firm stance on the economic versus legal interpretation of the likeness/directly competitive or substitutable (DCS) criterion or the principle of “so as to afford protection” (SATAP) captured in Article III.2. After examining the case law on discriminatory taxation, I conclude that the NT obligation in trade agreements is imperfect. Nonetheless, NT is a critical component of these agreements, and the international trade order would …

The Arc And Architecture Of Private Enforcement Regimes In The United States And Europe: A View Across The Atlantic, Jason Rathod, Sandeep Veheesan

The University of New Hampshire Law Review

The United States and Europe have traditionally taken very different approaches to the regulation of harmful conduct. Previously, European nations relied almost entirely on the public enforcement of laws, whereas the United States relied on a mix of public and private actors. In the United States, private rights of action have played a central role deterring illegal conduct—and, in fact, provided greater deterrence than public enforcers in some areas of law. They have also allowed injured parties to obtain compensation. Despite their very different histories, the private enforcement systems in the United States and Europe are showing signs of convergence …

A Quest For Consistency: The Meaning Of 'Direct' In The Foreign Trade Antitrust Improvements Act, Richard Lobas

Global Business Law Review

This note argues that the United States courts need to apply a more consistent interpretation of the meaning of "direct" within the context of the Foreign Trade Antitrust Improvements Act (FTAIA). The FTAIA serves to apply U.S. antitrust law, specifically the Sherman Act, to trade or commerce with foreign nations. One scenario in which this law may be applied is when trade or commerce with a foreign nation has a "direct, substantial, and reasonably foreseeable" effect on domestic commerce. However, courts purport to apply different standards to determine whether an effect is direct, leading to confusion and inconsistency. Contributing to …

"All I Do Is Win": The No-Lose Strategy Of Cafo Regulation Under The Caa, Karl J. Worsham

Journal of Food Law & Policy

Corporate farms, often known as concentrated animal feeding operations ("CAFO'), provide inexpensive animal products but do so by externalizing the cost of their operation in the form of environmental harms and risks to human health. This article explores one possible approach to mitigating CAFO-caused harms. It argues that CAFO regulation under any one of three Clean Air Act ("CAA ") programs will result in net benefits, not just for air quality, but also for other CAFO-caused harms and thus, that CAA regulation of CAFOs is a no-lose strategy. The article then goes further to conclude that, while regulation under any …

What's Driving Acquisitions? An In-Depth Analysis Of Ceo Drivers Determining Modern Form Acquisition Strategy, Jennifer E. Wuebker

University of Richmond Law Review

Part I provides an overview of the acquisition landscape, including

a brief history of the prevalence and success of acquisitions

as well as an analysis of acquisitions today. Part II outlines

the acquisition process and highlights the importance and dynamics

of decision making, both in principle and in practice. Part

III explores two theories of acquisitive strategy driving CEO decision

making: value enhancement and private interest. Part IV

analyzes the implications of CEO personality and psychological

drivers on acquisition strategy and decision making. This article

argues that CEO traits are central decision drivers, but that no

particular set of traits …

Flight Delay And The Right To Compensation Under Regulation (Ec) No 261/2004 Of The European Parliament And Of The Council Of 11 February 2004 Establishing Common Rules On Compensation And Assistance To Passengers In The Event Of Denier Boarding And Of Cancellation Or Long Delay Of Flights, And Repealing Regulation (Eec) No 295/91 - Review Of The Rulings Of The Court Of Justice Of The European Union, Dagmara Kuźniar-Kwiartek

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

No abstract provided.

Marketing Services Agreements Concluded With An Airline In Light Of Eu State Aid Rules. Commentary To Commission Decision (Eu) 2015/1227 On State Aid Sa.22614 (C 53/07) Implemented By France In Favour Of The Chamber Of Commerce And Industry Of Pau-Béarn, Ryanair, Airport Marketing Services And Transavia, Piotr Bogdanowicz

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

No abstract provided.