Antitrust And The Corporate Tax, 1909–1928,
2023
University of Michigan Law School
Antitrust And The Corporate Tax, 1909–1928, Reuven S. Avi-Yonah
Book Chapters
In “Antitrust and the Corporate Tax, 1909–1928,” Reuven Avi-Yonah examines a twentieth-century antitrust measure that lay outside the Sherman Act per se—the corporate tax act of 1909. After the enactment of the Clayton Act and the creation of the FTC in 1914, the corporate tax’s antimonopoly reputation faded somewhat. Between 1919 and 1928 most of its antitrust features were eliminated, and they would not be revived during the New Deal. Nevertheless, Avi-Yonah argues that the corporate tax still retains some potential to contribute to limiting the power of monopolies, especially if the progressive corporate tax rate structure adopted in the …
More Than A Decade Of The Slovak Settlement Regime In Antitrust Matters: From European Inspirations To National Inventions,
2023
Comenius University Bratislava
More Than A Decade Of The Slovak Settlement Regime In Antitrust Matters: From European Inspirations To National Inventions, Ondrej Blažo
Yearbook of Antitrust and Regulatory Studies
The settlement procedure in Slovakia stems from three sources of inspiration: top-to-bottom (European Union law), bottom-up (incentive of an undertaking’s lawyer) and horizontal sources (Czechia). After more than ten years of application of this feature of Slovak competition law, there are several cases which were settled. These cases show a certain variety from the point of view of the legal basis, the stage of procedure as well as the character or relevance of the case. This makes it possible to assess their features, practice, effects, and consequences of settlements from the empirical point of view. The present paper analyses the …
Inspections In Private Premises Under Slovak Competition Law: Did The Implementation Of The Ecn+ Directive Miss The Point?,
2023
Comenius University in Bratislava
Inspections In Private Premises Under Slovak Competition Law: Did The Implementation Of The Ecn+ Directive Miss The Point?, Mária T. Patakyová, Mária Patakyová
Yearbook of Antitrust and Regulatory Studies
We face the era when tech giants are getting ever more powerful, when there are subtle ways of collusion via algorithms, and when home offices are the new normal. One would expect competition authorities to have suitable tools to investigate any infringement of competition law even under these difficult conditions. Inspections are arguably the most powerful investigatory tool within the realm of the powers of competition authorities. Although inspections are very often conducted in business premises, there might be a need to search private premises too. Regulation 1/2003 has recognised this need for almost two decades. The ECN+ Directive expects …
Selective Enforcement And Multi-Party Antitrust Infringements: How To Handle "Unilateral Agreements"?,
2023
Polish Office of Competition and Consumer Protection (UOKiK)
Selective Enforcement And Multi-Party Antitrust Infringements: How To Handle "Unilateral Agreements"?, Jan Polański
Yearbook of Antitrust and Regulatory Studies
In cartel cases, there are good policy reasons to investigate all cartel members and to address a decision to each of them. Yet, the case is different when it comes to vertical infringements. Vertical infringements often involve more undertakings, but their continued existence depends on the participation of e.g. wholesalers. In consequence, antitrust authorities might be interested in pursuing a policy of selective enforcement and targeting investigations at single undertakings, even despite the fact that such infringements are multi-party ones. This, however, raises concerns whether such an approach is valid and how it affects the rights of defence. Taking into …
The Role Of The Judiciary In Effective Enforcement Of Competition Law In New Jurisdictions: The Case Of Kosovo,
2023
University of Ljubljana
The Role Of The Judiciary In Effective Enforcement Of Competition Law In New Jurisdictions: The Case Of Kosovo, Avdylkader Mucaj, Isuf Zejna
Yearbook of Antitrust and Regulatory Studies
This paper aims to discuss the role of the judiciary in the effective, or ineffective, enforcement of competition law. It analyses those jurisdictions that can still be considered ‘new’ in the field of competition law, in particular the case of Kosovo, and by using qualitative research methods. The paper addresses the main findings characterizing the weak enforcement of competition law by the judiciary in Kosovo over a period of a decade, that is, from when the courts have started hearing competition cases since 2010. On the other hand, the paper places special attention to the establishment of the Commercial Court …
Overview Of New Soft-Law Materials Designed To Promote Competition Law Compliance In Serbia,
2023
Serbian Competition Authority (Commission for Protection of Competition)
Overview Of New Soft-Law Materials Designed To Promote Competition Law Compliance In Serbia, Maja Dobrić
Yearbook of Antitrust and Regulatory Studies
The last three years have been very dynamic for the competition authority in Serbia. The newly elected Council and President of the Commission for Protection of Competition (Serbian NCA) have brought a much-needed change to competition enforcement in Serbia, shifting the focus of enforcement from solely individual cases, to looking at the bigger picture and promoting competition law compliance as the preferred business model. During this period, the Serbian NCA has published several soft-law instruments, issuing its first Guidelines for Drafting compliance programmes, accompanied by a Template compliance programme and two compliance Checklists, aimed at identifying competition law related risks. …
Between Scylla And Charybdis. Whatever A Member State Does, It May Expose Itself To Attacks From Both Sides. Lux Express Estonia As Case C-614/20, Lux Express Estonia As, Judgment Of The Court Of Justice (First Chamber) Of 8 September 2022, Eu:C:2022:641,
2023
Uniwersytet Kardynała Stefana Wyszyńskiego w Warszawie
Between Scylla And Charybdis. Whatever A Member State Does, It May Expose Itself To Attacks From Both Sides. Lux Express Estonia As Case C-614/20, Lux Express Estonia As, Judgment Of The Court Of Justice (First Chamber) Of 8 September 2022, Eu:C:2022:641, Marek Rzotkiewicz
Yearbook of Antitrust and Regulatory Studies
Member States do not need to use state resources when they accomplish their mission. They may employ resources of private undertakings by imposing on them obligations to provide services of general interest (SGI). The latter choice provides Member States with many benefits. But Member States need to be sure that the scheme they created complies with the rules on State aid law. Some Member States make sure that private undertakings carrying out SGI do not obtain the full remuneration for their services. However, the Court’s judgment in Lux Express Estonia has the potential to change this mechanism, especially as the …
8th Competition Law And Policy Conference In Memory Of Prof. Vedran Šoljan “Goals Of Competition Law And The Changing World”, Dubrovnik, Croatia, 25–27 May 2023,
2023
University of Zagreb
8th Competition Law And Policy Conference In Memory Of Prof. Vedran Šoljan “Goals Of Competition Law And The Changing World”, Dubrovnik, Croatia, 25–27 May 2023, Jasminka Pecotic Kaufman
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Webinar “Judicial Review Of Competition Cases: The Cee And See Countries Perspectives” 14 June 2023,
2023
Brunel University
Webinar “Judicial Review Of Competition Cases: The Cee And See Countries Perspectives” 14 June 2023, Jurgita Malinauskaite
Yearbook of Antitrust and Regulatory Studies
No abstract provided.
Table Of Contents,
2023
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Focus On Competition Law Enforcement In E-Commerce Sector In Serbia,
2023
Prica&Partners Attorneys at Law
Focus On Competition Law Enforcement In E-Commerce Sector In Serbia, Darija Ognjenović, Ana Krstić Vasiljević
Yearbook of Antitrust and Regulatory Studies
Competition authorities in countries in development in Europe have a long way to go until they meet the EU standards. Although the local legislation in non-EU members is harmonized with EU legislation for the most part, the enforcement part is the one where obstacles are traditionally more challenging, and Serbia is no exception to this rule. Serbia has had its share of problems when trying to enforce rules on protection of competition, and some of those battles are still being fought, however, the national competition authority now also needs to face rapid changes that come with emerging markets, especially e-commerce. …
Editorial Foreword,
2023
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Editorial Foreword, Alexandr Svetlicinii, Jasminka Pecotić Kaufman
Yearbook of Antitrust and Regulatory Studies
Editorial
Market Access Obligations And Foreign Investments In Renewable Energy: An Analysis Of International Trade And Investment Law Instruments,
2023
University of Qom
Market Access Obligations And Foreign Investments In Renewable Energy: An Analysis Of International Trade And Investment Law Instruments, Mohammad Akefi Ghaziani, Mostafa Fazaeli, Moosa Akefi Ghaziani, Huma Amin
Indonesian Journal of International Law
Today's development of renewable energy technologies is perceived as an essential ingredient of the world’s response to emerging challenges of energy security, global warming, and climate change. However, the global deployment of renewables needs huge financial and technological contributions that many States cannot afford. Therefore the promotion of foreign investments in this sector is at the stake. However, the global flow of investment and technology in this sector is not free from the regulations of international trade and investment law instruments. Among the prominent provisions common to these instruments are Market Access obligations. WTO agreements and IIAs provide for different …
What Is Antitrust?,
2023
Yeshiva University, Cardozo School of Law
Comment Letter On Sec’S Proposed Rule On Conflicts Of Interest Associated With The Use Of Predictive Data Analytics By Broker-Dealers And Investment Advisers, File Number S7-12-23,
2023
University of Missouri - Kansas City, School of Law
Comment Letter On Sec’S Proposed Rule On Conflicts Of Interest Associated With The Use Of Predictive Data Analytics By Broker-Dealers And Investment Advisers, File Number S7-12-23, Sergio Alberto Gramitto Ricci, Christina M. Sautter
Faculty Works
This comment letter responds to the Securities and Exchange Commission’s proposed rule Release Nos. 34-97990; IA-6353; File Number S7-12-23 - Conflicts of Interest Associated with the Use of Predictive Data Analytics by Broker-Dealers and Investment Advisers. Our comments draw on our scholarship relating to laypersons’ participation in securities markets and the corporate sector as well as on the role of technology in corporate governance.
We express concerns that the SEC’s proposed regulation undermines individuals’ ability to access capital markets in an efficient and cost-effective manner. In the era of excessive concentration of equities ownership and power, often with negative societal …
Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Why U.S. States Need Their Own Cannabis Industry Banks,
2023
Drake University Law School
Why U.S. States Need Their Own Cannabis Industry Banks, Christoph Henkel, Randall K. Johnson
Faculty Works
The legal cannabis trade is the fastest growing industry in the United States. In 2019, about 48.2 million Americans used the drug at least once. As such, it is easy to see why the legal cannabis trade may generate annual revenues exceeding $30 billion in Fiscal Year 2022 alone.
One inconvenient truth, however, is that the parties to any cannabis trade may face a range of difficulties due to conflicts between federal and state laws. These difficulties include the fact that many financial institutions are reluctant to handle cannabis proceeds. One reason is that a lack of alignment in terms …
Amazon's Pricing Paradox,
2023
Boston University School of Law
Amazon's Pricing Paradox, Rory Van Loo, Nikita Aggarwal
Articles
Antitrust scholars have widely debated the paradox of Amazon seemingly wielding monopoly power while charging low prices to consumers. A single company's behavior thereby helped spark a vibrant intellectual conversation as scholars debated why Amazon's prices were so low, whether enforcers should intervene, and, eventually, how the field of antitrust should be reformed. One of the main sources of agreement in these and other scholarly conversations has long been that Amazon charges low prices. This Article challenges that assumption by demonstrating that Amazon customers may pay significantly higher prices than is commonly understood due to strategies that do not necessarily …
Amazon's Pricing Paradox,
2023
Boston University School of Law
Amazon's Pricing Paradox, Rory Van Loo, Nikita Aggarwal
Faculty Scholarship
Antitrust scholars have widely debated the apparent paradox of Amazon seemingly wielding monopoly power while offering low prices to consumers. A single company’s behavior thereby helped spark an intellectual renaissance as scholars debated why Amazon’s prices were so low, whether antitrust enforcers should intervene, and, eventually, how the field should be reformed for the era of large online platforms. One of the few things that all parties have agreed upon amidst those contentious conversations is that Amazon offers low prices. This Article challenges that assumption by demonstrating that Amazon charges higher prices than commonly understood. More importantly, unraveling the disconnect …
Negara Dan Monopoli Alamiah Serta Perkembangan Di Indonesia,
2023
Fakultas Hukum Universitas Indonesia
Negara Dan Monopoli Alamiah Serta Perkembangan Di Indonesia, Teddy Anggoro
Jurnal Hukum & Pembangunan
Natural monopoly is a controversial theory to be developed or implemented in today's world. It is important to note that every time an economic crisis hits the world, at that time natural monopoly loses its popularity, because it is the party to blame for the economic crisis that occurs, especially if the natural monopoly is held by State-Owned Enterprises (BUMN). Indonesia is one of the countries that through the BUMN Law prohibits natural monopoly on certain industries to be applied. This becomes important to study considering that natural monopoly itself is a way to achieve efficiency, such as the goal …
