Towards An International Dialogue On The Institutional Side Of Antitrust,
2011
University of Colorado Law School
Towards An International Dialogue On The Institutional Side Of Antitrust, Philip J. Weiser
Publications
The antitrust world is now globalized and interconnected, requiring ever-increasing awareness as to how different agencies operate. The need to promote convergence on substantive doctrines has received, and will continue to receive, considerable attention. What is less appreciated is the need to focus on institutional design and practice, particularly as to the promotion of transparency and procedural fairness in the conduct of antitrust investigations. This Essay makes the case for such a focus, explaining how one of the healthy aspects of a multijurisdictional world is that sister agencies can challenge one another and model means of improving our institutional practices. …
Innovation, Entrepreneurship, And The Information Age,
2011
University of Colorado Law School
Innovation, Entrepreneurship, And The Information Age, Philip J. Weiser
Publications
This Essay makes the case for antitrust enforcement as a critical part of innovation policy and catalyzing entrepreneurship. It begins by explaining how innovation and entrepreneurship are drivers of economic growth and pillars of any effective economic strategy. With respect to antitrust enforcement and competition policy, it highlights the role that antitrust can play in opening up markets and addressing bottleneck monopolies, such as those at issue in the Microsoft and AT&T cases. It also explains that the most nettlesome challenge of such enforcement is devising appropriate and effective remedies, suggesting a few strategies to address that challenge.
International Antitrust Cooperation And The Preference For Nonbinding Regimes,
2011
Columbia Law School
International Antitrust Cooperation And The Preference For Nonbinding Regimes, Anu Bradford
Faculty Scholarship
Today, multinational corporations operate in increasingly international markets, yet antitrust laws regulating their competitive conduct remain national. Thus, corporations are subject to divergent antitrust regimes across the various jurisdictions in which they operate. This increases transaction costs, causes unnecessary delays, and raises the likelihood of conflicting decisions. The risks inherent in multi-jurisdictional regulatory review were prominently illustrated in the proposed GE/Honeywell acquisition, which failed following the European Union’s (“EU”) decision to prohibit the transaction despite its earlier approval in the United States. Inconsistent remedies imposed on Microsoft following parallel investigations by both the U.S. and EU authorities serve as another …
American Antitrust Jurisprudence Applied To European Commission V. Intel,
2010
Brigham Young University Law School
American Antitrust Jurisprudence Applied To European Commission V. Intel, Paul Jones
Brigham Young University International Law & Management Review
No abstract provided.
Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet,
2010
Economics and Technology, Inc.
Revisiting The Regulatory Status Of Broadband Internet Access: A Policy Framework For Net Neutrality And An Open Competitive Internet, Lee L. Selwyn, Helen E. Golding
Federal Communications Law Journal
A decade of broadband access deregulation has landed the FCC at a legal deadend. After the D.C. Circuit's Comcast decision, the FCC finds itself unable to enforce its "net neutrality" goals. To reassert its jurisdiction over "net neutrality," the FCC proposes to reclassify broadband Internet access as a Title II "telecommunications service" while continuing to forbear from most other facets of common carrier regulation. The FCC's current dilemma results from an unfortunate combination of unverified predictive judgments associating deregulation with investment; overly optimistic assessments of competition in the consumer broadband market; the abandonment of the "bright line" between transmission and …
Legislative Developments In Rail Transport In 2009,
2010
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Legislative Developments In Rail Transport In 2009, Katarzyna Zawisza
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Shall Selective, Above-Cost Price Cutting In The Newspaper Market Be Qualified As Anticompetitive Exclusion? Case Comment To The Judgement Of The Supreme Court Of 19 August 2009 - Marquard Media Polska (Ref. No. Iii Sk 5/09),
2010
Andrzej Frycz-Modrzewski Cracow Academy
Shall Selective, Above-Cost Price Cutting In The Newspaper Market Be Qualified As Anticompetitive Exclusion? Case Comment To The Judgement Of The Supreme Court Of 19 August 2009 - Marquard Media Polska (Ref. No. Iii Sk 5/09), Konrad Kohutek
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
2009 Legislative And Juridical Developments In Telecommunications,
2010
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
2009 Legislative And Juridical Developments In Telecommunications, Kamil Kosmala
Yearbook of Antitrust and Regulatory Studies
This article assesses the 2009 amendments to the Polish Telecommunications Law and the most significant executive regulations that have been passed in its context. The amendments are discussed considering their compliance with EU law, taking into account the rulings of the European Court of Justice on the conformity of some of the Polish provisions with the set of directives constituting the European telecommunications regulatory framework of 2002. The analyzed amendments relate to, in particular, the manner in which ex ante regulation should be implemented, the principles of telecoms services provision to end-users and the performance of state security and defense …
2009 Amendments To The Polish Energy Law,
2010
Faculty of Law and Administration of Warsaw Universit
2009 Amendments To The Polish Energy Law, Filip Elżanowski
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Deliberative Democracy On The Air: Reinvigorate Localism-Resuscitate Radio's Subversive Past,
2010
Hofstra University School of Law
Deliberative Democracy On The Air: Reinvigorate Localism-Resuscitate Radio's Subversive Past, Akilah N. Folami
Federal Communications Law Journal
There has been considerable scholarship exploring the need to breathe deliberative life back into the localism standard by requiring broadcasters to include more meaningful local news and public affairs programming, pursuant to the public interest obligations imposed on radio licensees. There has been little scholarly attention, if any, however given to broadening understandings of localism to include music and popular cultural expression for the purpose of furthering deliberative discourse in particular, rather than solely for entertainment purposes. This Article focuses on a particular moment in radio and America's cultural history that was rife with struggles over constructions of identity, and …
Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency,
2010
Georgetown Law
Pacifica Reconsidered: Implications For The Current Controversy Over Broadcast Indecency, Angela J. Campbell
Federal Communications Law Journal
In 2009, the Supreme Court upheld the FCC's finding in Fox TV Stations v. Federal Communications Commission that the broadcast of "fleeting expletives" violated a federal law prohibiting the broadcast of indecency, but remanded the case for consideration of the broadcast networks' claims that the FCC action violated the First Amendment. On remand, the Second Circuit found that the FCC's prohibition against "fleeting expletives" was unconstitutionally vague. It is widely expected that the Supreme Court will review this decision and that the networks will ask the Court to reconsider its 1978 decision in Pacifica Foundation v. Federal Communications Commission. This …
2008 And 2009 Eu Competition Law And Sector-Specific Regulatory Case Law Developments With A Nexus To Poland,
2010
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
2008 And 2009 Eu Competition Law And Sector-Specific Regulatory Case Law Developments With A Nexus To Poland, Dagmara Kośka, Krzysztof Kuik
Yearbook of Antitrust and Regulatory Studies
The 2008 issue of YARS contained an overview of EU law developments in the period of time from 2004 to 2007. This overview covers the years 2008-2009. It confirms that State aid cases remained numerous (6 in total) and that the Commission’s enforcement activities in the area of State aid control continued at a similar pace as before. With respect to other areas of competition law and policy, the overall picture shows a relatively high level of scrutiny in mergers (5) and antitrust cases or inquiries (2). Moreover, EU Courts adopted several decisions in Polish cases, notably in the regulatory …
Possible Objective Justification Of A Network Monopoly’S Refusal To Conclude An Agreement On An Interconnected Market. Case Comment To The Judgement Of The Supreme Court Of 14 January 2009 – Rychwał Commune (Ref. No. Iii Sk 24/08),
2010
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Possible Objective Justification Of A Network Monopoly’S Refusal To Conclude An Agreement On An Interconnected Market. Case Comment To The Judgement Of The Supreme Court Of 14 January 2009 – Rychwał Commune (Ref. No. Iii Sk 24/08), Joanna Jeżewska
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Wide Scope Of Administrative Discretion Justified By Features Of Telecommunications Market. Case Comment To The Judgment Of The Polish Supreme Court Of 2 April 2009 – Telekomunikacja Polska Sa V The President Of The Electronic Communications Office (Ref. No. Iii Sk 28/08),
2010
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Wide Scope Of Administrative Discretion Justified By Features Of Telecommunications Market. Case Comment To The Judgment Of The Polish Supreme Court Of 2 April 2009 – Telekomunikacja Polska Sa V The President Of The Electronic Communications Office (Ref. No. Iii Sk 28/08), Małgorzata Kozak
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Does An Undertaking’S Reputation Affect Its Market Power On The Relevant Market? Case Comment To The Judgment Of The Supreme Court Of 2 April 2009 – Ppks (Ref. No. Iii Sk 30/08),
2010
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Does An Undertaking’S Reputation Affect Its Market Power On The Relevant Market? Case Comment To The Judgment Of The Supreme Court Of 2 April 2009 – Ppks (Ref. No. Iii Sk 30/08), Rafał Stankiewicz
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
The Control Of Polish Courts Over The Infringements Of Procedural Rules By The National Competition Authority Case Comment To The Judgement Of The Supreme Court Of 19 August 2009 - Marquard Media Polska (Ref. No. Iii Sk 5/09),
2010
Jean Monnet Chair on European Economic Law, Faculty of Management, University of Warsaw
The Control Of Polish Courts Over The Infringements Of Procedural Rules By The National Competition Authority Case Comment To The Judgement Of The Supreme Court Of 19 August 2009 - Marquard Media Polska (Ref. No. Iii Sk 5/09), Maciej Bernatt
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
The Publication Of The European Commission’S Guidelines In An Official Language Of A New Member State As A Condition For Their Application Case Comment To The Order Of The Polish Supreme Court Of 3 September 2009 (Ref. No. Iii Sk 16/09 ) To Refer A Preliminary Question To The Court Of Justice Of The European Union (C-410/99 Polska Telefonia Cyfrowa Sp. Z O.O. V President Of The Electronic Communications Office),
2010
Competition Law Chair, Institute of Legal Studies, Polish Academy of Science;Faculty of Management and Economy, Technical University of Gdańsk
The Publication Of The European Commission’S Guidelines In An Official Language Of A New Member State As A Condition For Their Application Case Comment To The Order Of The Polish Supreme Court Of 3 September 2009 (Ref. No. Iii Sk 16/09 ) To Refer A Preliminary Question To The Court Of Justice Of The European Union (C-410/99 Polska Telefonia Cyfrowa Sp. Z O.O. V President Of The Electronic Communications Office), Krystyna Kowalik-Bańczyk
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Cheaters Shouldn't Prosper And Consumers Shouldn't Suffer: The Need For Government Enforcement Against Economic Adulteration Of 100% Pomegranate Juice And Other Imported Food Products,
2010
University of California, Los Angeles
Cheaters Shouldn't Prosper And Consumers Shouldn't Suffer: The Need For Government Enforcement Against Economic Adulteration Of 100% Pomegranate Juice And Other Imported Food Products, Michael T. Roberts
Journal of Food Law & Policy
In the modern global food system - marked by the trade flow of a variety of food products and ingredients from multiple locations in the world - economically motivated adulteration has emerged as a growing menace that threatens the health and wellbeing of consumers, the economic livelihoods of honest purveyors of food in the global marketplace, and the integrity and viability of national food regulatory systems. Economic adulteration is a form of cheating that includes the padding, diluting, and substituting of food product. Although this cheating is rooted in past food systems, the new paradigm for economic adulteration - a …
European Union Food Law Update,
2010
University of Arkansas, Fayetteville
European Union Food Law Update, Emilie H. Leibovitch
Journal of Food Law & Policy
This EU Food Law Update will focus on the recent developments in the areas of genetically modified organisms, novel foods, feed safety, transmissible spongiform encephalopathy, salmonella and food borne diseases, food additives, organic farming, food contact materials, and labeling.
A Bittersweet Deal For Consumers: The Unnatural Application Of Preemption To High Fructose Corn Syrup Labeling Claims,
2010
University of Arkansas, Fayetteville
A Bittersweet Deal For Consumers: The Unnatural Application Of Preemption To High Fructose Corn Syrup Labeling Claims, Josh Ashley
Journal of Food Law & Policy
The recent rise of consumer consciousness regarding the health qualities of foods and beverages has become something akin to common knowledge. Reflecting this rise, studies reveal that labels regarding the health qualities of a food are more likely to increase sales. And among the health labels consumers prefer, labels describing the product as natural top the list. One website reports that according to a recent study, 31.3-percent of respondents thought that "100% natural" was the best description to read on a label, compared with only 14.2-percent who thought that "100% organic" was the best description. "All natural ingredients" was the …
