Antitrust and Trade Regulation Commons^™

Anti-Competitive Provisions In Commercial Lease Agreements Of Large Surface Shopping Malls. Judgment Of The Court Of Justice Of The European Union Of 26 November 2015 In Case C-345/14 Sia Maxima Latvija V Konkurences Padome, Olga Stefanowicz

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

No abstract provided.

Legal Standard Regarding Vertical Pricing Restraints Consisting Of Resale Fixed (Or Minimal) Price Maintenance Under The Polish Act On Competition And Consumer Protection. Judgment Of The Supreme Court Of 23 November 2011, Iii Sk 21/11, Agata Zawłocka-Turno, Bartosz Turno

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

No abstract provided.

Rpm Agreements In The Context Of The Book Market, Jarosław Fidala

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

This article considers two controversial and highly significant issues – the assessment of RPM vertical pricing agreements within competition law, and the attempts of the Polish legislator to introduce a law on the so-called fixed price of books. Both issues imply answering the question whether the RPM mechanism interferes or fosters the competitiveness of the book market. The starting point for answering this question is to distinguish between “pro” and “anti” competitive RPM agreements from the perspective of the objective of competition law, the latter being connected to the welfare concept. In the context of the book market, the RPM …

Possibility Of Changing Penalty Payments Imposed On Undertakings. Judgment Of The Court Of Appeals In Warsaw Of 18 July 2014, Vi Aca 1515/13, Justyna Pilśnik

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

No abstract provided.

Table Of Contents

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

Table of contents

Non-Competition Law Based Review Of Mergers On Audiovisual, Real Estate And Pharmaceutical Markets, Piotr Semeniuk

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

The author lists and analyzes those provisions of the Polish Law on Radio and Television, the Law on Acquiring Real Estate by Foreigners and the Pharmaceutical Law, which grant competences to review mergers to, respectively: the President of the National Broadcasting Council, minister responsible for internal affairs and regional (voivodships’) pharmaceutical inspectors. In particular, the author focuses on the fact that the criteria for the review of such mergers’ legality, as well as the objectives of merger control performed by these specialized administrative bodies, differ from those considered during competition law based merger control performed by the President of the …

Transposition Of The Eu Capital Requirements Directive And The Eu Capital Requirements Regulation Into Polish Law, Kiinga Bryl

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

This paper considers the Polish Act for Macro-Prudential Oversight of the Financial System and Crisis Management in the Financial System of 5 August 2015. The above act transposes into the Polish legal system Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on Access to the Activity of Credit Institutions and the Prudential Supervision of Credit Institutions and Investment Firms, amending Directive 2002/87/EC as well as repealing Directives 2006/48/EC and 2006/49/EC (CRDIV). The new Polish Act implements also to the necessary extent Regulation (EU) No 575/2013 of the European Parliament and of the Council of …

“Mystery Shopper” As A New Tool For Obtaining Evidence Of Practices Harmful To The Collective Interests Of Consumers, Ewa Mandrosz

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

The article discusses the institution of a “mystery shopper” which will be introduced into the Polish Act on Competition and Consumer Protection on 17 April 2016. This institution will make it possible to conduct activities related to the purchase of goods during an inspection, with the possibility of recording these activities via audio or visual recording equipment, without informing of that fact the undertaking subject to the inspection. In the expectations of the legislature, this institution is designed to be a tool for obtaining evidence of practices harmful to the collective interests of consumers. The paper provides an assessment of …

Self-Regulation Of Advertising In Poland – Opportunities And Threats To Competition And Consumer Protection, Marcin Kolasiński

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

This paper addresses the problems of self-regulation of advertising activities in Poland. Experiences show that the pursuit of the objectives of consumer protection do not go hand in hand with ensuring the protection of the rights of entrepreneurs outside the self-regulation system. The paper presents therefore an analysis of the essence of self-regulation and those of its requirements that are necessary to recognize it as being in compliance with generally applicable legal provisions. The paper also presents arguments supporting the assessment of self-regulation activities in the light of both competition and consumer protection rules, as well as those on combating …

The Principle Of Proportionality In Calculating Fines For Competition Law Violations. Analysis Of The Fine Calculation Method In The Eu, Turkey And Poland, Aleksandra Kłoczko

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

This paper analyses the compatibility with the principle of proportionality and the principle of fine individualisation of the fine calculation methodology used under Article 106 of the Polish Competition and Consumer Protection Act. According to established CJEU jurisprudence, when calculating a fine it is possible to refer to either the company’s entire turnover, which indicates the company’s market power, or to the amount gained from sales of products covered by the infringement. It is apparent from CJEU jurisprudence that although Article 23(2) of Regulation No. 1/2003 leaves the Commission discretion as to setting the amount of fines, it nevertheless also …

Private Enforcement In Germany – Review Of Recent Jurisprudence, Mariusz Motyka-Mojkowski

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

Alongside the United Kingdom and the Netherlands, Germany is among the EU Member States where private enforcement is becoming increasingly important in practice. This tendency shows clearly in the growing number of legal proceedings initiated by plaintiffs in either follow-on or stand-alone cases. The goal of this paper is to present the most recent developments in German jurisprudence concerning private enforcement of competition law. Particular emphasis is paid to alternative models of collective enforcement. The paper also covers key changes introduced into the German legal system upon the implementation of Directive 2014/104.

Does Sending A File To A Recycle Bin Constitute A Breach Of The Duty To Cooperate During An Inspection Conducted By The Uokik President? Judgment Of The Court Of Appeals In Warsaw Of 30 January 2015, Vi Aca 446/14, Radosław Niwiński

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

No abstract provided.

Rajmund Molski, Prawne I Ekonomiczne Aspekty Polityki Promowania Narodowych Czempionów [Legal And Economic Aspects Of The Policy Of Promoting National Champions], Wydawnictwo Naukowe Wydziału Zarządzania Uw, Warszawa 2015, S. 329, Sławomir Dudzik

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

No abstract provided.

Changes, Changes, Changes…, Anna Piszcz

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

From the Volume Editor

Report On The First National Conference Changes In The Polish Postal Sector, Łódź, 9.12.2015, Marcin Kraśniewski

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

Łódź, 9 December 2015

Entire Issue Vol. 5 No. 1

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

Vol 5(1)

1995 Antitrust Guidelines For The Licensing Of Intellectual Property: Harmonizing The Commercial Use Of Legal Monopolies With The Prohibitions Of Antitrust Law, Thomas L. Hayslett Iii

Journal of Intellectual Property Law

No abstract provided.

Movement For Quality Government V. Prime Minister, Elyakim Rubinstein, Salim Joubran, Noam Sohlberg, Uzi Vogelman, Esther Hayut

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The Petitions disputed the legal validity of the Gas Outline adopted by the Government in the framework of Government Decision 432 in regard to the treatment of the gas reserves (hereinafter: the Gas Outline). The state and the gas companies holding the franchises defended the Gas Outline.

The Supreme Court, sitting as High Court of Justice (in an expanded bench of five justices) ruled …

Intersection Between The Patent System And Antitrust Laws: Patents Speeding, Antitrust Yielding, Innovation Bleeding!, Stijepko Tokic

Akron Intellectual Property Journal

In this article, I explain the interaction between the two laws and describe the ways in which these two extremely important areas of government regulation are and are not in tension. I argue that the conflict between the two laws is overstated, but the proper balance is far from being found. The reason for that is a notion that the current state of the patent system is more of a hindrance than a spur to innovation and competition due to overprotection and broadening of patent rights, lowering of standards to grant patents, chronic inefficiency of the Patent and Trademark Office …

Permissible Product Hopping: Why A Per Se Legal Rule Barring Antitrust Liability Is Necessary To Protect Future Innovation In The Pharmaceutical Industry, Michelle L. Ethier

Akron Intellectual Property Journal

Pharmaceutical product hopping is a relatively new phenomenon in which a brand-name pharmaceutical company tactically reformulates a drug and patents the reformulation in an attempt to avoid competition by a generic competitor. When viewed in the context of the HatchWaxman framework, product hopping can effectively eliminate generic competitors from the market, thereby implicating § 2 of the Sherman Act. In addressing antitrust liability, this Note advocates a per se legal approach to product hopping so long as the hop is supported by a valid patent. Although some have argued that deference to the United States Patent and Trademark Office and …