Antitrust and Trade Regulation Commons^™

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 …

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 …

Procedural Aspects Of Singapore’S Merger Control System, Wojciech Podlasin

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

This paper is devoted to procedural aspects of Singapore’s merger control system, which is materially different from the regimes applicable in Poland and the EU. The Author presents issues related to: (i) major legal acts; (ii) relevant merger control authorities; (iii) the applicable prohibition of mergers that substantially lessen competition; (iv) the conduct of proceedings before merger control authorities as well as; (v) potential fines and; (vi) appeals.

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.

An Economic Justification For The Conclusion Of A Consortium Agreement Excludes Its Anticompetitive Character. Case Comment To The Judgment Of The Court Of Competition And Consumer Protection Of 10 March, Małgorzata Sieradzka

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

Table of contents

I. Introduction

II. Findings of the judgment

III. Legal evaluation of the judgment

1. Tender consortium
2. Evaluation of the purpose of participation of the consortium in the public procurement procedure

IV. Conclusions

Report On The Inauguration Of The Polish Edition Of Icc Antitrust Compliance Toolkit, Organized By Icc Poland, Maciej Gac

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

Warsaw, 9 June 2015

Entire Issue Vol. 4 No. 5

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

Vol. 4(5)

Newsroom: Fcc's Sohn On Consumer Protection, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Leniency, Whistle-Blowing And The Individual: Should We Create Another Race To The Competition Agency?, Maurice E. Stucke

Book Chapters

No abstract provided.

Is It Time To Give Up On Antitrust Law For Pro Sports?, Geoffrey Rapp

Washington and Lee Law Review Online

Professor Nathaniel Grow has produced a creative, thoroughly researched piece arguing that antitrust has failed in the context of professional sports and calling for the creation of a national-level federal regulatory agency to address anticompetitive conduct by the major leagues. I respond to his diagnosis of antitrust’s failings and to his prescription.

Note: A Series Of (Inseparable) Tubes? “New Media” Streaming And The Impact Of In Re. Pandora Media, Related Decisions, And Performance Licensing In The Internet Era, Ross Coker

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Symposium: Regulatory Capture And Technological Entrepreneurship: Protecting Consumer Interests?, Robert Anderson, John G. Shearer, Christopher Koopman, Makan Delrahim, Erik Syverson, Babbette Boliek

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Antitrust Law And The Minor League Reserve System, Ryan Mabry

Kaleidoscope

Minor League Baseball is a half-billion dollar a year industry in the United States. It has grown to its current state under an umbrella of protection from U.S. antitrust statutes. Beginning with the Federal Baseball decision in 1922, the Supreme Court has consistently ruled that professional baseball is exempt from both the Sherman and Clayton Acts— the seminal federal government statutes regarding antitrust. This status is unique; no other professional sport enjoys such immunity. If the exemption were lost, the effects on this staple of American culture would likely be extremely disruptive. Throughout this project, I analyzed the effects that …

The Ftc Has A Dog In The Patent Monopoly Fight: Will Antitrust’S Bite Kill Generic Challenges?, Jennifer D. Cieluch

Duke Law & Technology Review

Antitrust laws have been notoriously lenient in the patent realm, the underlying reason being that patents’ grant of exclusion create monopolies that defy antitrust laws in order to incentivize innovation. Thus, antitrust violations have rarely been found in the patent cases. But after the Supreme Court’s holding in FTC v. Actavis, brand name pharmaceutical companies may need to be more cautious when settling Hatch-Waxman litigation with potential patent infringers. Both brand-name drug manufacturers and generic drug manufacturers have incentives to settle cases by having the brand-name pay the generic in exchange for delaying their entry into the market. While courts …

Exclusionary Conduct Of Dominant Firms, R&D Competition, And Innovation, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

This paper evaluates the innovation consequences of antitrust enforcement against the exclusionary conduct of dominant firms through a Nash equilibrium model of research and development (R&D) competition to create new products. In the two-firm model, whether one firm regards the other firm’s R&D investment as a strategic complement or strategic substitute turns on an increasing differences condition: whether the first firm’s incremental benefit of increased R&D investment is greater if its rival’s R&D effort succeeds or if its rival’s R&D effort fails. Antitrust prohibitions on pre-innovation exclusion and post-innovation exclusion are found to be effective in different strategic settings: preventing …

Territorial And Customer Restrictions In Franchise Agreements Under The Antitrust Laws, Donald M. Jenkins

Akron Law Review

The growth of franchising as a marketing vehicle in the past decade has been apparent to the American consumer. Several factors have contributed to this growth. This kind of distribution system can be achieved with less capital outlay and in a shorter time span than most other distribution systems require. Some products and services gain greater consumer acceptance if they stand alone in the market place than when they are co-mingled with other products. Wholesalers in certain product lines, such as food and drugs, have found it necessary to form voluntary chains based upon franchise agreements to meet the competition …