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.
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 …
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 …
Produce Exceptionalism: Examining The Leafy Greens Marketing Agreement And Its Ability To Improve Food Safety,
2010
University of Wisconsin, Madison
Produce Exceptionalism: Examining The Leafy Greens Marketing Agreement And Its Ability To Improve Food Safety, Varun Shekhar
Journal of Food Law & Policy
Isolated food safety crises are not uncommon occurrences in the United States. Indeed, the history of public scares indicates a pattern of deficiencies in the safety of the American food supply. In the early 20th century, the public learned of the squalid conditions of meatpacking facilities through muckraking publications such as Upton Sinclair's The Jungle. In the 1980s, a 60 Minutes report documented research finding carcinogenic properties of a widespread pesticide, traces of which were commonly found in apple-based products. In the 1990s, widespread media reports of beef tainted with E. coli led to both product recalls unprecedented in scope …
Competition And Regulation In The Gold Industry: An American Perspective,
2010
William & Mary Law School
Competition And Regulation In The Gold Industry: An American Perspective, Jared A. Wilkerson
W&M Law Student Publications
When taken from a domestic viewpoint, the primary gold market appears to be noncompetitive and marred by concentration. However, when seen at the global scale, it is clear that the primary gold market is competitive and diluted. Further, even if the primary market were noncompetitive and concentrated at the global level, that market probably could not readily affect the price of gold. Regardless of competitiveness, gold mines in the United States and elsewhere are subject to environmental and safety regulations that increase the cost of production; Regulations are stringently enforced in the United States as compared to competitor countries, potentially …
Reconsidering Federalism And The Farm: Toward Including Local, State And Regional Voices In America's Food System,
2010
University of New Hampshire, Concord
Reconsidering Federalism And The Farm: Toward Including Local, State And Regional Voices In America's Food System, Margaret Sova Mccabe
Journal of Food Law & Policy
Why is the relationship between our food system and federalism important to American law and health? It is important simply because federal law controls the American food system. This essay considers how federal law came to structure our food system, and suggests that though food is an essential part of our national economy, the dominating role of the federal government alienates citizens from their food system. It does so by characterizing food as a primarily economic issue, rather than one that has ethical, health, and cultural components. However, state and local governments have much to offer in terms of broadening …
United States Food Law Update: Health Care Reform, Preemption, Labeling Claims And Unpaid Interns: The Latest Battles In Food Law,
2010
University of Illinois, Champaign
United States Food Law Update: Health Care Reform, Preemption, Labeling Claims And Unpaid Interns: The Latest Battles In Food Law, A. Bryan Endres, Nicholas R. Johnson, Michaela N. Tarr
Journal of Food Law & Policy
This edition of the Food Law Update explores four legal issues arising in the first half of 2010 reflective of the diverse nature of the food law specialist. As the national debate surrounding the merits of health care reform dominated the legislative agenda, this article first will discuss the food labeling rules embedded within section 4205 of the Patient Protection and Affordable Care Act of 2010. The authors then analyze the preemptive reach of the Federal Food, Drug, and Cosmetic Act and the Meat Inspection Act with respect to three separate California statutes regarding animal welfare standards, retail labels on …
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.
Reframing Antitrust In Light Of Scientific Revolution: Accounting For Transaction Costs In Rule Of Reason Analysis,
2010
William & Mary Law School
Reframing Antitrust In Light Of Scientific Revolution: Accounting For Transaction Costs In Rule Of Reason Analysis, Alan J. Meese
Faculty Publications
This Article contends that modern rule of reason analysis, informed by workable competition’s partial equilibrium trade-off paradigm, is suitable for evaluating only a subset of agreements that may reduce transaction costs. The Article distinguishes between “technological” and “non-technological” transaction costs. Technological transaction costs entail the bargaining and information costs first emphasized by Ronald Coase, while non-technological transaction costs result from more fundamental departures from perfect competition, departures creating a risk of opportunism that accompanies relationship-specific investments. Modern law does accurately assess restraints that may reduce technological transaction costs—costs that are analogous to the sort of production costs recognized by the …
European Union Food Law Update,
2010
University of Metz, France
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.
Why More Antitrust Immunity For The Media Is A Bad Idea,
2010
Northwestern Pritzker School of Law
Why More Antitrust Immunity For The Media Is A Bad Idea, Maurice E. Stucke, Allen P. Grunes
NULR Online
The U.S. newspaper industry specifically and traditional media industries generally are in transition. In response to declining audiences and advertising revenue, many traditional media firms have laid off journalists and cut back on news. With their financial difficulties, some traditional media firms have called for greater leniency under the federal antitrust laws. Newspaper owners and journalists have called for greater antitrust immunity for joint advertising, joint fees for readership and accessing content online, and joint reporting. Others have called on the Federal Communications Commission (“FCC”) to loosen further its Cross-Ownership Rules. Some politicians have suggested that the federal antitrust agencies …
Toward A Unified Theory Of Exclusionary Vertical Restraints,
2010
University of Michigan Law School
Toward A Unified Theory Of Exclusionary Vertical Restraints, Daniel A. Crane, Graciela Miralles
Law & Economics Working Papers
The law of exclusionary vertical restraints—contractual or other business relationships between vertically related firms—is deeply confused and inconsistent in both the United States and the European Union. A variety of vertical practices including predatory pricing, tying, exclusive dealing, price discrimination, and bundling are treated very differently based on formalistic distinctions that bear no relationship to the practices’ exclusionary potential. We propose a comprehensive, unified test for all exclusionary vertical restraints that centers on two factors, foreclosure and substantiality. We then assign economic content to these factors. A restraint forecloses if it denies equally efficient rivals a reasonable opportunity to make …
After The Fall: Financial Crisis And The International Order,
2010
Texas A&M University School of Law
After The Fall: Financial Crisis And The International Order, Robert B. Ahdieh
Faculty Scholarship
Recent years have challenged the international order to a degree not seen since World War II — and perhaps the Great Depression. As the U.S. housing crisis metastasized into a financial and economic crisis of grave proportions, and spread to nearly every corner of the globe, the strength of our international institutions — the International Monetary Fund, the World Trade Organization, the Group of Twenty, the Basel Committee on Banking Supervision, and others — was tested as never before. Likewise tested, were the limits of our national commitment to those institutions, to our international obligations, and to global engagement more …
Accessing Truth: Marketplaces Of Ideas In The Information Age,
2010
Loyola Law School, Los Angeles
Accessing Truth: Marketplaces Of Ideas In The Information Age, Nima Darouian
Cardozo Public Law, Policy & Ethics Journal
The article argues that the Internet comprises numerous distinct virtual marketplaces, each with unique regulatory frameworks and dynamics, which are essential for the dissemination of information and public welfare. Current legal doctrines, such as those in the Uniform Commercial Code (UCC), the Uniform Computer Information Transactions Act (UCITA), and the Principles of the Law of Software Contracts (PLSC), are insufficient to protect the public interest in these virtual marketplaces. The article proposes that courts adopt the Reichman-Franklin standard, which requires mass-market contracts and non-negotiable access agreements to be fair, reasonable, and aligned with the public interest in education, science, research, …
Antitrust Error,
2010
U.S. Court of Appeals
Antitrust Error, Alan Devlin, Michael Jacobs
William & Mary Law Review
Fueled by economics, antitrust has evolved into a highly sophisticated body of law. Its malleable doctrine enables courts to tailor optimal standards to a wide variety of economic phenomena. Indeed, economic theory has been so revolutionary that modern U.S. competition law bears little resemblance to that which prevailed fifty years ago. Yet, for all the contributions of economics, its explanatory powers are subject to important limitations. Profound questions remain at the borders of contemporary antitrust enforcement, but answers remain elusive. It is because of the epistemological limitations of economic analysis that antitrust remains unusually vulnerable to error. The fear of …
The Intel And Microsoft Settlements,
2010
University of Baltimore School of Law
The Intel And Microsoft Settlements, Robert H. Lande
All Faculty Scholarship
This article briefly compares and contrasts the recent U.S. Federal Trade Commission's antitrust settlement with Intel, and the antitrust cases brought against Microsoft. The article praises the FTC's settlement with Intel, and predicts that history will judge it very favorably compared to the settlement by the U.S. Department of Justice of its antitrust case against Microsoft.
Predatory Bundling And The Exclusionary
Standard,
2010
Washington and Lee University School of Law
Predatory Bundling And The Exclusionary Standard, J. Shahar Dillbary
Washington and Lee Law Review
Recent decisions-all relying on a stylized example first provided by the Ortho court-hold that a multi-product seller that uses a bundled discount in a way that excludes an equally or more efficient competitor engages in predatory bundling. According to these decisions, a bundle can be considered 'predatory" even when the price of the bundle exceeds its cost. This Article shows that the Ortho court's stylized example and its monopoly leveraging theory are erroneous. This Article further demonstrates that even when a bundle's price excludes more efficient competitors and even when a component in the bundle is priced below cost, and …
