Antitrust and Trade Regulation Commons^™

Jurisdictional Competition On Standard-Essential Patents, Wentong Zheng

UF Law Faculty Publications

his Article offers a systematic examination of jurisdictional competition on standard-essential patents (“SEPs”). SEPs are patents essential to technology standards developed by standard-setting organizations (“SSOs”). To reduce potential patent holdup, SSOs generally require SEP holders to commit to licensing SEPs on “fair, reasonable, and nondiscriminatory” (“FRAND”) terms. During the last decade, jurisdictions around the world have been engaged in fierce competition to set the ground rules on FRAND and other requirements for SEP licensing. This Article traces the legal landscape of this jurisdictional competition and examines how three major jurisdictions, the United States, Europe, and China, have developed divergent stances …

A Wrong In Search Of A Duty: Public Nuisance, Social Media And The Youth Mental Health Crisis, Charles Bachmann

Cardozo Journal of Equal Rights & Social Justice

The note argues that social media companies should be held accountable for their role in the youth mental health crisis through the legal framework of public nuisance law. Drawing parallels to successful cases against tobacco and opioid companies, the author contends that social media platforms, by prioritizing profits over user well-being, contribute to widespread harm such as anxiety, depression, and suicide among youth. While acknowledging concerns about judicial overreach and the challenges of proving causation, the note advocates for judicial intervention as a necessary corrective in the absence of effective legislative action.

Justification For The Introduction Of The Eu Short-Term Rentals (Str) Regulation In The Context Of The Housing Market In The Eu, Paweł Budny

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

Given the priority status of ensuring universal access to decent and affordable housing at the EU level, the EU legislator has highlighted the need for harmonization in the collection of data on short-term rentals of residential units through sharing economy platforms. The dynamic growth of platform tourism, observed across the EU in recent years, justifies the need for the introduction of EU Regulation 2024/1028 on Short-Term Rentals (STR), which imposes on collaborative economy platforms that operate on the short-term property rental market, the obligation to provide relevant authorities with data on landlords and units associated with the services provided. The …

Selected Aspects Of The Organization Of Tourism And Recreation In Natural Areas With Different Status Of Legal Protection, Marcin Pasek, Dominik Borek

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

An important place in the strategy of promoting health of modern societies, especially in the post-pandemic world, is played by orienting recommendations on how to spend free time towards tourism and recreation in the natural environment. The utilitarian nature of this type of activity is associated with the need to respect legal provisions, relating to the use of statutory forms of nature conservation, as well as non-statutory protection areas. The aim of the study is to characterize the tourist-recreational use in both of the abovementioned types of ecological habitats, and to indicate the similarities and differences in the conditions of …

Report On The Series Of Seminars On The Mutual Infl Uence Of Competition Law And Labour Law In The Era Of ‘Platformization’, July 2022 – September 2023, Warsaw/Rzeszów – Porto, Agata Jurkowska-Gomułka, Sylwia K. Mazur

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

Seminar report

The 2023 Merger Guidelines: An Assessment, Herbert Hovenkamp, Tim Wu, James Keyte

Faculty Scholarship

The 2023 Merger Guidelines1 are ten months old, but they still need some unpacking. To help our readers think through the issues that the Guidelines raise, Antitrust magazine asked two experienced legal scholars — Professors Tim Wu and Herbert Hovenkamp — to discuss the Guidelines with Antitrust editorial board member James Keyte. This discussion took place on May 28, 2024. The transcript has been edited for length and readability.

Challenges Of Competition And Consumer Protection Law And Regulation, Dominik Borek, Dominik Wolski

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

Editorial Foreword

Vol. 13(2) - Entire Issue

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

Entore issue 13(2)

Privacy Risks And Regulatory Challenges In Smart Grids And Renewable Energy Systems, Mikołaj Rajca

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

Smart grid technologies are central to the global shift towards a more efficient and sustainable energy infrastructure, integrating advanced digital systems with traditional power networks. While these technologies offer significant benefits, including enhanced energy management and the seamless integration of renewable energy sources, they also introduce complex privacy challenges. The extensive data collection and real-time communication capabilities inherent in smart grids raise concerns over consumer privacy, data breaches, and cybersecurity threats. This paper critically examines these privacy risks within the context of evolving regulatory frameworks such as the GDPR, NIS2 Directive, and the forthcoming EU AI Act. The discussion emphasizes …

Termination Of Contracts Concluded By Entrepreneurs With Consumers For An Indefinite Period Of Time In The Light Of The Standpoint Of The President Of The Offi Ce Of Competition And Consumer Protection (Uokik) In The Amazon Case, Michał Kalinowski

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

This article discusses the issue of permissibility of the termination of contracts concluded by entrepreneurs with consumers for an indefi nite period of time. The article presents the previous line of decisions of the President of the Offi ce of Competition and Consumer Protection (UOKiK) and the case-law of Polish courts concerning the so-called ‘valid reasons’ as a basis of such termination, both from the perspective of termination clauses and modifi cation clauses. This past practice is juxtaposed with the most recent position of the UOKiK President in the Amazon case, and the changes in the terms of service introduced …

Attempts To Define The Concept Of ‘Dark Patterns’ In The Doctrine And Activities Of Authorities Of Eu Member States, Damian Kazimierski

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

The aim of the paper is to trace the different ways of defining the concept of ‘dark patterns’ in the doctrine and decisional practice of authorities operating within the territory of the European Union, with particular attention placed on the Polish perspective. The publication addresses the main elements of this notion, and indicates the premises that lack consensus in the academic community and in the decisional practices of the authorities. These include, first of all, the requirement of intentionality of the use of social engineering in order to induce the user of a website or application to take the expected …

Countering ‘Dark Patterns’ On The Example Of The Activities Of The President Of The Offi Ce Of Competition And Consumer Protection (Uokik) In Poland, Damian Kazimierski

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

Online shopping is becoming an everyday occurrence for an increasing number of people, and many activities are moving online. With the spread of running day-to-day errands online, the knowledge of consumer behaviour on websites and mobile apps is also advancing. However, the experiences of cognitive psychologists and sociologists are becoming an incentive for website owners and graphic designers to use social engineering to get users to act in accordance with the will of the entrepreneur. The use of ‘dark patterns’ raises the need to counteract their effects on consumers. Several tools are available to supervisory authorities to counteract the use …

‘Intentionality’ As A Feature Of The Subjective Side Of The Tort Of Allowing A Violation Of The Prohibition Of Agreements Restricting Competition, Marta Dobosz, Jarosław Szewczyk

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

In the event of finding that an entrepreneur has violated the prohibition specifi ed in Article 6(1) items 1–6 of the Polish Act on Competition and Consumer Protection or in Article 101(1) letter a–e of the TFEU, liability may also be borne by a manager who, in the performance of their function and within the duration of the established infringement, intentionally allowed such an infringement to occur through their action or omission (see Art. 6a of the Act of Competition and Consumer Protection). The purpose of assigning this liability is to demonstrate the individual features of the action in question. …

Ratio Legis Penambahan Modal Negara Kepada Lembaga Pembiayaan Ekspor Indonesia, Syarif Hidayat

Jurnal Hukum & Pembangunan

Since its establishment under Law Number 2 of 2009 concerning The Indonesian Export Financing Institution (LPEI), the Indonesian Export Financing Institution has gained additional capital participation nine times between 2010 and 2021 by the passage of government regulations. The rules for extra capital in the legislation on its establishment only take the form of regulations in the event that the capital of the Indonesian Export Financing Institution is decreased by a particular amount, but the additional capital that has been carried out thus far is not meant to replace the capital deficiency. As a result, this research was undertaken to …

Pengungkapan Model Mediasi Kepada Pihak Bersengketa Oleh Mediator Sebagai Pelaksanaan Prinsip Informed Consent (Kajian Mediasi Sektor Perbankan), Tri Harnowo, Fahmi Shahab

Jurnal Hukum & Pembangunan

The mediation techniques commonly used by mediators are facilitative, evaluative, or hybrid models. The choice of mediation model generally depends on the complexity of the dispute, the nature of the relationship, and the expectations for further cooperation. This research examines the application and disclosure of mediation models in the banking sector. The methodology used is normative, analyzing regulations related to the application and disclosure of mediation models in the banking sector. Data collection was obtained from primary legal materials in the form of legislation, secondary legal materials such as professional codes of ethics, books, articles, and scientific journals, and tertiary …

Table Of Contents

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

Table of contents

Boeing Ruling Is A Cautionary Tale For Trade Secret Litigants, Matthew D'Amore

Cornell Law Faculty Publications

On Aug. 14, a $72 million jury trial win by Zunum Aero Inc. against The Boeing Co. in the U.S. District Court for the Western District of Washington for trade secret misappropriation evaporated with the court's post-trial holding that Zunum had failed to identify its trade secrets sufficiently.

How did we get here after three years of litigation, eight days of trial and countless dollars spent? How can litigants — and courts — avoid this situation in the future?

Clear pretrial identification of trade secrets is key, and litigants can find a road map for this in the Sedona Conference's …

Urgensi Memahami Arbitrase Bagi Pemangku Kepentingan Dunia Bisnis Di Indonesia, Bambang Hariyanto, Saptarini Saptarini

Jurnal Hukum & Pembangunan

Abstract The resolution of business disputes through arbitration forums is increasingly favored by the majority of business actors in Indonesia. One indication of this is the growing number of business actors, both from the private sector and state-owned enterprises, who include arbitration agreements as dispute clauses in their contracts. Arbitration has even attracted the interest of MSMEs (Micro, Small, and Medium Enterprises) as a forum to resolve their business disputes. This phenomenon ultimately highlighted the urgency for stakeholders in the business world to understand arbitration. Using normative juridical methods, this article contained a series of analyses of primary materials, including …

Koszty Pozyskiwania Kapitału W Drodze Emisji Obligacji Na Gruncie Podatku Dochodowego Od Osób Prawnych, Anna Kasperowicz, Robert Piechota

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

Running a business depends largely on having the necessary funds, and one of the ways to obtain them is to issue bonds. Raising capital by issuing bonds usually brings certain benefits to the issuer, but may also cause certain difficulties. They concern primarily the proper interpretation and understanding of regulations related to taxation of bond issues and their trading. The aim of the article is to discuss the issues of costs arising in connection with the issue of bonds, and their proper interpretation in the context of the regulations of the Corporate Income Tax Act. The analysis was carried out …

Szacowanie Rozsądnego Zysku W Ramach Opłat Za Dostęp Do Obiektów Kolejowej Infrastruktury Usługowej Na Przykładzie Stacji Pasażerskich, Leszek Borowiec

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

The objective of the paper is to interpret the definition of ‘reasonable profit’ in railroad law, and to present the author’s proposal for its calculation in the framework of fees for the provision of railroad service infrastructure facilities, as well as making estimates using the example of passenger railroad stations. In terms of research methodology, the paper contains a review of international literature and practices, reports, guidelines and recommendations published by regulatory authorities. It also indicates the implications on the methodology for estimating ‘reasonable profit’ as a component of the cost of access to service infrastructure. The article presents the …