Anticompetitive Merger Review,
2022
Benjamin N. Cardozo School of Law
Anticompetitive Merger Review, Samuel N. Weinstein
Georgia Law Review
U.S. antitrust law empowers enforcers to review pending mergers that might undermine competition. But there is growing evidence that the merger-review regime is failing to perform its core procompetitive function. Industry concentration and the power of dominant firms are increasing across key sectors of the economy. In response, progressive advocates of more aggressive antitrust interventions have critiqued the substantive merger-review standard, arguing that it is too friendly to merging firms. This Article traces the problem to a different source: the merger-review process itself. The growing length of reviews, the competitive restrictions merger agreements place on acquisition targets during review, and …
Trade's Mini-Deals,
2022
University of Miami School of Law
Trade's Mini-Deals, Kathleen Claussen
Articles
The modern consensus is that U.S. trade law is made through statute and through large congressional-executive agreements, both of which maintain Congress' constitutional primacy over the regulation of foreign commerce. Contrary to this understanding, however, short, targeted agreements negotiated by the U.S. executive with foreign trading partners - recently referred to as "mini-deals" - have become a fixture of the trade law landscape over the last three decades in staggering number. More than 1,200 such agreements govern the movement of goods and services in and out of the United States from and to 130 countries. Such deals are not only …
A Reflection On African Trade And Investment Wars In Context,
2022
Dalhousie University Schulich School of Law
A Reflection On African Trade And Investment Wars In Context, Olabisi D. Akinkugbe, Gertrude Amarh
Articles, Book Chapters, & Popular Press
African trade and investment wars and their implication for the development of international economic law (IEL) in Africa are under-appreciated[1]. Except for a handful of literature in the last two decades, most of the scholarly work on economic integration in Africa has not focused on intra-African trade and investment wars. Yet, some of these trade wars have endured for many years. By trade wars, we mean the fracture of economic (trade and investment) relations between cooperating African States. We do not understand trade wars in the strict sense that trade economist or classic trade law do. These approaches understand trade …
Addressing Big Tech’S Market Power: A Comparative Institutional Approach,
2022
University of Missouri Law School
Addressing Big Tech’S Market Power: A Comparative Institutional Approach, Thomas A. Lambert
SMU Law Review
This Article provides a comparative institutional analysis of the three leading approaches to addressing the market power of large digital platforms: (1) traditional antitrust law, the approach thus far taken in the United States; (2) ex ante conduct rules, the approach embraced by the European Union’s Digital Markets Act and several bills under consideration in the U.S. Congress; and (3) ongoing agency oversight, the approach embraced by the United Kingdom with its newly established “Digital Markets Unit.” After identifying the general advantages and disadvantages of each approach, the Article examines how they are likely to play out in the context …
The Output-Welfare Fallacy: A Modern Antitrust Paradox,
2022
University of Miami School of Law
The Output-Welfare Fallacy: A Modern Antitrust Paradox, John M. Newman
Articles
A fallacy lies at the core of modern antitrust. The same scholars who successfully advanced a singular consumer-welfare goal simultaneously argued that output effects should be the exclusive criterion for analysis. This output-welfare framework entered mainstream discourse, was endorsed by enforcers and judges, and played a pivotal role in the Supreme Court's recent Ohio v. American Express opinion. Yet despite its centrality, outputism has largely escaped notice.
/="/">When exposed to systematic evaluation, the previously assumed link between output and welfare breaks down. A wide variety of conduct can push output and welfare in opposite directions. Moreover, purely outputist analysis …
Opening Remarks,
2022
Benjamin N. Cardozo School of Law
Opening Remarks, Christopher J. Buccafusco, Matthew Vernace
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Autumn Is Coming: A Novel Liability Theory That May Kill Pharmaceutical Evergreening,
2022
Tel Aviv University, Faculty of Law
Autumn Is Coming: A Novel Liability Theory That May Kill Pharmaceutical Evergreening, Uri Y. Hacohen
Cardozo Arts & Entertainment Law Journal
Pharmaceutical evergreening-attempts by brand-name manufacturers to leverage patent rights to artificially extend legal protection for drugs-is among the most pressing and unresolved public policy challenges of our time. On July 14, 2021, in Sanofi et al. vs. Unipharm Ltd., the Israeli Supreme Court adopted a novel and internationally unprecedented legal policy to combat the evergreening pandemic. By using its equitable powers, the Israeli court empowered a generic manufacturer, Unipharm, to claim on behalf of the public interest the wrongly obtained monopoly profits that a brand-name manufacturer, Sanofi, obtained by improperly leveraging its improvement patent to impair generic market entry. This …
Strengths And Weaknesses Of Notice And Consent Requirements Under The Gdpr, The Ccpa/Cpra, And The Fcc Broadband Privacy Order,
2022
University of California, Irvine
Strengths And Weaknesses Of Notice And Consent Requirements Under The Gdpr, The Ccpa/Cpra, And The Fcc Broadband Privacy Order, Scott Jordan
Cardozo Arts & Entertainment Law Journal
We compare the notice and consent requirements of the three recent privacy regulations that are most likely to serve as the starting points for the creation of a comprehensive consumer privacy bill in the United States: the European General Data Protection Regulation, the Calfornia Consumer Privacy Act/California Privacy Rights Act, and the Federal Communications Commission's Broadband Privacy Order. We compare the scope of personal information under each regulation, including the test for identifiability and exclusions for de-identified information, and identify problems with their treatment of de-identified information and of pseudonymous information. We compare notice requirements, including the level of required …
The Bipartisan Consensus On Big Tech,
2022
Notre Dame Law School
The Bipartisan Consensus On Big Tech, Roger P. Alford
Journal Articles
This Article contends that there is an emergent bipartisan consensus that Big Tech has grown too powerful and that action must be taken to address its abuse of power. That action takes the form of a variety of legislative proposals to enhance government enforcement powers, reform the merger laws, and address self-preferencing, data portability, and interoperability. Litigation efforts focus on Facebook and Google’s abuse of monopoly power, particularly with respect to Facebook’s elimination of competition through acquisitions and Google’s abuse of monopoly power in search and display advertising. While we are in the midst of one of the most divisive …
Regulating Data Exclusivity Of Ride-Hailing Service In Indonesian Competition Law,
2021
The University of Melbourne, Australia
Regulating Data Exclusivity Of Ride-Hailing Service In Indonesian Competition Law, Annisa Rahma Diasti
Indonesia Law Review
The digital ride-hailing service platforms have advanced significantly due to technological development. It resulted in lower consumer costs and better-quality service. Thus, consumers opted for such platforms more than the conventional transportation, resulting in their exponential growth over the years such as Gojek and Grab in Indonesia. Their strong market position was achieved quickly, facilitated by innovation advantages such as indirect network effects and algorithm-based analysis of users’ past data. Ultimately, data has become a barrier for potential competitors to entering the market. Simultaneously, the incumbents or the dominant market holders likely to use a technology-based strategy by keeping access …
Overhaul Of The Sdt Provisions In The Wto: Separating The Eligible From The Ineligible,
2021
North South University
Overhaul Of The Sdt Provisions In The Wto: Separating The Eligible From The Ineligible, Md. Rizwanul Islam
Pace International Law Review
The special and differential treatment (“SDT”) provisions have been a recurring feature in the agreements of the World Trade Organization (“WTO”) treaties. However, most analysts would probably agree that the many SDT provisions have been more aspirational than operational. Hence, there is little surprise that even a selective review of the WTO jurisprudence would demonstrate that the SDT provisions have, in most cases, not done enough for their intended beneficiaries. This paper will analyze the limitations of the SDT provisions with reference to the relevant WTO jurisprudence. It will seek to explore two potential avenues of endeavoring to make the …
The Phenomenon Of Misselling On The Polish Bond Market – What Did The Getback S.A. Case Teach Us?,
2021
Wydział Prawa, Uniwersytet w Białymstoku
The Phenomenon Of Misselling On The Polish Bond Market – What Did The Getback S.A. Case Teach Us?, Paweł Czaplicki
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article presents the phenomenon of misselling on the Polish bond market on the example of bonds issued by GetBack S.A. Presented are also de lege ferenda postulates aimed at increasing the level of protection of bondholders against misselling. The article uses the dogmatic and legal research method as well as the analysis of existing data. The key research problem presented in the article is how to clarify the legal regulations regarding consumer protection in the bond market, so that bondholders do not become victims of misselling. In accordance with the hypothesis put forward by the author, the legal provisions …
Specific Solutions Introduced In The ‘Anti-Crisis Package’ On Non-Interest Costs Of Consumer Loans,
2021
Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego
Specific Solutions Introduced In The ‘Anti-Crisis Package’ On Non-Interest Costs Of Consumer Loans, Magdalena Paleczna
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Due to the COVID-19 pandemic in Poland, and the need to introduce numerous restrictions in the public and private spheres, the liquidity of Polish consumers was disrupted and many lost their source of income. There was therefore a justified fear, in particular on the part of the Polish Government and the Polish Competition Authority, that consumers would turn to consumer credit providers, in particular lending institutions, to maintain their liquidity. New – temporary – limits for non-interest credit costs were established in March 2020. The limits were set up separately for loans with a repayment period of up to 30 …
The Importance Of Soft Law Issued By The European Banking Authority For Establishing The Normative Consumer Protection Standard On The Financial Market,
2021
Zakład Prawa Finansowego, Wydział Prawa i Administracji UAM w Poznaniu
The Importance Of Soft Law Issued By The European Banking Authority For Establishing The Normative Consumer Protection Standard On The Financial Market, Magdalena Fedorowicz
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
In financial market legal acts, the normative accent lately underlines supervision issues, with particular emphasis of consumer protection issues, which is common for EU and domestic lawmakers. It is important to adopt a regulatory philosophy that properly supports the protection of the legal interests of consumers on the financial market. The main aim of this paper is to analyze the consumer protection standard, the normative consumer protection pattern on the financial market, reconstructed and specified from and by EBA soft law acts, within the legal space of the European System of Financial Supervision, having regard to EU and domestic binding …
Pre-Contractual Information Obligations Of The Lender Towards The Borrower In The Act On Reverse Mortgage,
2021
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Pre-Contractual Information Obligations Of The Lender Towards The Borrower In The Act On Reverse Mortgage, Michał R. Walczak
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article raises the issue of the information obligation that precedes the conclusion of a reverse mortgage contract. This service is addressed, by definition, to the elderly who are looking for a way to increase their income from the funds obtained from a pension. The study analyzes statutory regulations concerning pre-contractual information obligations of the lender towards the potential borrowers, which are basically limited to the passing of the information form. The analysis leads to the conclusion that the statutory information obligation is not adjusted to the specifics of the borrowers.
The Amendment To The Provisions On Consumer Bankruptcy In The Time Of The Crisis Caused By Covid-19,
2021
Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego
The Amendment To The Provisions On Consumer Bankruptcy In The Time Of The Crisis Caused By Covid-19, Wanesa Choptiany
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The article focuses on the analysis of the amended Polish provisions on the procedure for declaring consumer bankruptcy and the beginning of their operation, which coincided with the pandemic crisis and significant economic constraints. Numerous restrictions and announced blockades led to the deterioration of the economic situation of many companies, entrepreneurs and natural persons, therefore the new regulations were immediately put through a special test. The article consists of two parts: dogmatic and empirical. The former presents the new as well as the planned bankruptcy regulations. On the other hand, in the empirical part, statistics and reports on the functioning …
Contractual And Statutory Solutions Concerning ‘Credit Holidays’ During The Covid-19 Pandemic. Law – Practice – And The Actual Protection Of The Consumer As A Borrower,
2021
Wydział Prawa, Administracji i Ekonomii, Uniwersytet Wrocławski
Contractual And Statutory Solutions Concerning ‘Credit Holidays’ During The Covid-19 Pandemic. Law – Practice – And The Actual Protection Of The Consumer As A Borrower, Edyta Rutkowska-Tomaszewska, Artur Zwaliński
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The authors of this paper start with the presentation of the situation of Poles on the threshold of the COVID-19 pandemic and during its course, as they are affected by its economic consequences. Next, they consider the institution of the so-called ‘credit holidays’, both commercial ones (proposed by creditors) and those proposed by consumers, with the aim to present the conditions of taking advantage of these instruments. The authors also assess them from the perspective of the practice of the Polish Competition Authority (the President Office of Competition and Consumer Protection) and the Financial Ombudsman, through the prism of consumer …
Pre-Contractual Information Obligations In The New Draft Consumer Credit Directive In The Light Of Existing Eu Regulations,
2021
WPAiE Uniwersytet Wrocławski
Pre-Contractual Information Obligations In The New Draft Consumer Credit Directive In The Light Of Existing Eu Regulations, Piotr Gałązka
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
The European Commission, responding to calls for amendments, presented in June 2021 the Draft of a new Consumer Credit Directive. One of the issues that was announced as part of the amendment process was the issue of pre-contractual consumer information provided by the creditor. The article analyses the content of the Draft with respect of pre-contractual consumer information, comparing the proposed provisions with existing ones, assessing them in terms of validity and effectiveness in achieving the objectives of the new Draft Directive and the earlier announcements of the European Commission as a drafter.
Grażyna Szustak, Witold Gradoń And Łukasz Szewczyk, Protection Of A Non-Professional Financial Market Participant, Eu Katowice Publishing House 2021,
2021
Instytut Finansów, Wydział Ekonomiczno-Socjologiczny, Uniwersytet Łódzki
Grażyna Szustak, Witold Gradoń And Łukasz Szewczyk, Protection Of A Non-Professional Financial Market Participant, Eu Katowice Publishing House 2021, Iwona D. Czechowska
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Book by Grażyna Szustak, Witold Gradoń & Łukasz Szewczyk.
Table Of Contents,
2021
Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw
Table Of Contents
internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)
Table of contents
