Antitrust and Trade Regulation Commons^™

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 …

The Tpp’S Investment Chapter: Entrenching, Rather Than Reforming, A Flawed System, Lise Johnson, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

During the negotiations of the Trans-Pacific Partnership (TPP) agreement, many stakeholders raised strong concerns about the Investment Chapter of the TPP, and in particular, the investor-state dispute settlement mechanism (ISDS). The US Trade Representative (USTR) and other representatives of the negotiating partners assured the stakeholders that the TPP’s investment chapter would respond to the legitimate concerns about expansive investor protections and ISDS. The actual text, however, when made public, showed the opposite: a further evisceration of the role of domestic policy, institutions, and constituents. In their current form, the TPP’s substantive investment protections and ISDS pose significant potential costs to …

A Laboratory Of Regulation: The Untapped Potential Of The Hhs Advisory Opinion Power, Christopher J. Climo

Vanderbilt Law Review

Of late, the federal government's approach to regulation of hospitals and other healthcare providers asks them to do more with less. Both the government and private insurers have increasingly assigned hospitals and other providers with financial responsibility for the quality of the care they provide to federal beneficiaries.' At the same time, experts predict that reimbursement rates by both the government and private insurers will fall as a result of the Affordable Care Act's recent efforts to increase access to healthcare. Facing a widening gap between expectations of quality and availability of financial resources, healthcare providers will need to pursue …

Table Of Contents

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

Table of contents

Legal Issues Surrounding The Provision Of Services In A Saas Model By Telecommunications Entrepreneurs, Łukasz Pirożek

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

This article considers the legal qualifi cation of the provision of services in a SaaS model pursuant to Polish law. It analyzes the issue of software licensing according to the Polish Copyright Act and considers the qualification of services in a SaaS model as telecommunications services within the meaning of the Polish Telecommunications Act.

Legal Conditions Of Using Cookies, Stanisław Piątek

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

The subject matter of this article centers on the use of cookies by providers of telecommunications services, information society services, and advertising services. The goal of the analysis is to identify the permissible forms of performing the information obligation and acquiring subscribers’ consent for the use of cookies. The paper also considers the scope of the exclusion of these duties in light of the opinions of Article 29 of the Data Protection Working Party, regulatory bodies of EU countries other than Poland, and Polish practice. The issues of cookies are analyzed in the light of Polish Telecommunications Law provisions and …

Sector Specific Regulations And Competition Law In The Tele-Communications Sector, Daria Kostecka-Jurczyk

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

The article concerns the dual normative structure characteristic for infrastructural sectors. The analysis is limited to the Telecommunication sector. The paper focuses on the problem of the role of competition law in the context of regulatory obligations, radio spectrum management and network sharing agreements. The aim of the article is to show the complexity of the normative structure of the Telecommunications sector, including sector specific regulations and competition rules, rather than exhaustively analyse the chosen regulatory aspects.

Can Telecommunications Use The Experiences Of Railways When Discussing Functional Separation?, Marcin Król

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

The article aims to show these areas of experiences with structural separation in Railways which might prove useful for Telecommunications. The context of the analysis is presented in the first part of the paper. Part II discusses the possibility to transfer experiences with structural separation among infrastructure industries. Key conclusions for the Telecommunications sector regarding structural separation applied in Railways are identifi ed in the third part of the paper.

Network Neutrality, Andrzej Nałęcz

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

Network neutrality means that all electronic communications passing through a network are treated equally, independent of their content, application, service, device, or sender and receiver addresses. Network neutrality serves to promote the development of innovative online content and applications. It also plays an important role for the freedom of expression and the freedom to communicate. The basic requirements for network neutrality include: competition on the Internet access services market and its transparency, as well as ease of changing the provider of Internet access services. Current threats to network neutrality include: network management in public communications networks, vertical integration of network …

The Form Of The Agreement On Telecommunications Access And The Consequences Of That Form Not Being Observed, Ewa Galewska

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

Telecommunications access agreements are commonly applied on the telecoms market. Since such agreements contain conditions of telecommunications access and on related cooperation, they are of high importance to telecommunications activity. The Polish Telecommunications Act provides the obligation to conclude such agreements in a written form. Whether the appropriate form is observed, and the consequences of not observing the duty to conclude such agreements in a written form, should be assessed in the light of the provisions of the Polish Civil Code.

Selected Issues Of Criminal-Administrative Liability In Polish Postal Law, Mariusz Czyżak

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

On the basis of the Polish Postal Law of 2012, the legislator has comprehensively specified relevant issues of criminal and administrative liability. A financial penalty can be imposed, inter alia, on natural persons if that person obstructs the conduct of inspections under the Act, if he/she fails to act and if he/she improperly implements a number of information and reporting obligations to the President of UKE. Guiding principles for the sanction term were modifi ed by eliminating the need to take into account the degree of fault when setting the level of the penalty and by introducing the statute of …

Submission Of An Application Via An Electronic Inbox. Critical Comment To The Judgment Of The Woiwodship Administrative Court In Wrocław Of 24 February 2015, Sab/Wr 17/15, Paweł Chmieliński

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

The official certificate of submission does not constitute proof of sending a letter to a public entity via ePUAP.

Consolidation Procedure And The Effect Of A Decision On Trade Between Member States. Judgment Of The Court Of Justice Of The European Union Of 16 April 2015, C-3/14, Tadeusz Piątek

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

No abstract provided.

Maciej Rogalski, Odpowiedzialność Karna A Odpowiedzialność Administracyjna W Prawie Telekomunikacyjnym, Pocztowym I Konkurencji (Criminal And Administrative Responsibility In Telecommunications, Postal And Competition Law), Warszawa 2015, Ss. 132, Marcin Rafalski

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

No abstract provided.

Maciej Rogalski, Świadczenie Usług Telekomunikacyjnych (Provision Of Telecommunications Services), Warszawa 2014, Ss. 145, Mateusz Kabut

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

No abstract provided.

15 Years Of A Regulatory Authority In Telecommunications, Stanisław Piątek

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

From the Volume Editor