Antitrust and Trade Regulation Commons^™

Public Services In Railway Freight Transport, Stefan A. Jarecki

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

So far, practitioners and academics generally believed that in land transport, the concept of public services could only refer to passenger traffic. Recently, this approach has changed. The European Commission has stated that public services can also be provided in railway freight transport. Railway freight transport services can only be qualified as public services when the given Member State establishes that there is a genuine need for such services, a need that is not, or is not sufficiently met by the market. Currently, to provide financing of some railway freight services, Member States have to fulfil the Altmark conditions, or …

Hans-Bernd Schäfer, Claus Ott, Jarosław Bełdowski, Ekonomiczna Analiza Prawa Cywilnego. Tom 1. Zagadnienia Ogólne I Prawo Umów, Wydawnictwo C.H. Beck, Warszawa 2024, Ss. 510, Marcin Kraśniewski

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

Review of the book by Hans-Bernd Schäfer, Claus Ott, Jarosław Bełdowski, Ekonomiczna analiza prawa cywilnego. Tom 1. Zagadnienia ogólne i prawo umów [Economic Analysis of Civil Law. Vol. 1. General issues and contract law], Wydawnictwo C.H. Beck, Warszawa 2024, pp. 510

International Conference Charting Tomorrow: Bridging Knowledge And Action In Sustainable Finance, Warsaw, September 30th 2023, Helena Kordasiewicz

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

Report from the Charting Tomorrow: Bridging Knowledge and Action in Sustainable Finance International Conference

Is A Ban On Non-Competes Supported By Empirical Evidence?, Sarah Oh Lam, Thomas Lenard, Scott Wallsten

Fordham Journal of Corporate & Financial Law

The U.S. Federal Trade Commission (FTC) has proposed a rule to declare virtually all non-compete agreements unfair methods of competition under Section 5 of the FTC Act and therefore, illegal. However, the empirical literature on non-compete agreements cited by the FTC in its Notice for Proposed Rulemaking (“NPRM”) shows mixed results on earnings, job creation, firm formation, entrepreneurship, training, investment, and firm value. Evidence in other current studies also does not support an economy-wide ban. The FTC concludes that the proposed rule would yield net benefits even though by its own admission it lacks the information necessary to conduct a …

The Public’S Companies, Andrew K. Jennings

Fordham Journal of Corporate & Financial Law

This Essay uses a series of survey studies to consider how public understandings of public and private companies map into urgent debates over the role of the corporation in American society. Does a social-media company, for example, owe it to its users to follow the free-speech principles embodied in the First Amendment? May corporate managers pursue environmental, social, and governance (“ESG”) policies that could reduce short-term or long-term profits? How should companies respond to political pushback against their approaches to free expression or ESG?

The studies’ results are consistent with understandings that both public and private companies have greater public …

Divined Comity: Assessing The Vitamin C Antitrust Litigation And Updating The Second Circuit’S Prescriptive Comity Framework, William Weingarten

Fordham Journal of Corporate & Financial Law

In re Vitamin C Antitrust Litigation, recently decided by the Second Circuit, sets a grave precedent for American plaintiffs seeking redress for antitrust injuries wrought by foreign defendants. The case involved a group of Chinese manufacturers and exporters of vitamin C, who conspired to fix prices and restrict output in the export market, injuring American consumers in import commerce. The foreign manufacturers conceded that they had colluded in fixing prices and restricting output, in flagrant violation of U.S. antitrust law. And yet, with the assistance of the Chinese government—intervening as amicus curiae—the defendants were successfully able to argue, on appeal …

Crawling To The Cure: The Monopolization Of The Breast Cancer Drug Market, Kira Le

Minnesota Journal of Law, Science & Technology

No abstract provided.

Pooling And Exchanging Competitively Sensitive Information Among Rivals: Absolutely Illegal Not Just Unreasonable, Peter C. Carstensen, Annkathrin Marschall

University of Cincinnati Law Review

An agreement to exchange competitive sensitive information among rivalrous competitors usually results from an intent to inhibit or restrict the discretion of those firms to engage in competition. Basic economic logic about competition leads to that conclusion. Hence, such an exchange is in itself a naked agreement in restraint of trade without legal justification. Currently, case law requires a more convoluted and irrelevant inquiry into market definition and market power before a court can condemn such agreements. This is the result of ambiguous Supreme Court decisions as well as the recognition that in a few instances there are plausible arguments …

About Selected Current Problems In The Financial Services Market, Edyta Rutkowska-Tomaszewska

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

From the volume editor

Determinants Of Young Customers’ Decisions In The Financial Services Market On The Example Of Bank Accounts, Iwona Dorota Czechowska, Weronika Kuśmierska

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

The group of young customers, as a subject of research, is a cognitively interesting social group. Young customers constitute an important purchasing power. The attractiveness of this segment is due to the banks’ perspective, where young customers will become wealthy adults soon, and use the services of the banking sector. The aim of this study is to present and evaluate bank accounts offered to young customers. The authors seek to answer the research question of what the offer of bank accounts dedicated to young customers looks like, whether it is adapted to the needs of this customer group, and whether …

Disputes Between Payment Service Providers And Users Regarding Payment Transactions In The Light Of The Latest Polish Jurisprudence, Bartosz Wyżykowski

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

A natural consequence of the increasingly widespread use of modern payment methods is the increasing development of related crimes. As a result, the issue of risk and liability distribution for unauthorized payment transactions is becoming more and more significant, both from a legal and social point of view. The article reviews selected final judgments of Polish courts in cases where payment transactions were the subject of dispute.

Insurable Interest Of Parties To A Leasing Contract Towards A Subject Of The Contract, Stefania Yerka

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

The article has as its focus the issue of the existence of an ‘insurable’ interest with regard to the subject of a lease contract. In generally accepted market practice, it is common to use an insurance contract on someone else’s account structure, for the purpose of insuring the subject of a lease contract. Given the specific character and complexity of mutual rights and obligations of parties to a lease contract, doubts arise as to whether the aforementioned structure is appropriate in every case. In order to critically examine the problem, the analysis covers, in the first place, the legal nature …

Kneecapping Scalping: Ending The Predatory Scourge Plaguing E-Commerce Using Unfair Practice Frameworks, Zachary Michael Elvove

Brooklyn Law Review

Concert goers and sports fans are no longer the only people forced to pay absurdly marked up prices. From baby formula to video game consoles, scalping dominates the sale of goods online. Yet existing frameworks for antiscalping—specifically their relentless focus on tickets, bots, and hidden fees—fundamentally fail to address the parasitic profiteering that underpins scalping in the modern economy. We cannot understand the scope of harms posed by pernicious online resale if we focus purely on the minutiae of ticket markets and technological exploitation—the sheer number of industries affected by scalping and size of the market failure it causes demand …

Fraud On Airbnb: How To Regulate An Emerging And Problematic Industry, Samuel Mcneal

Journal of the National Association of Administrative Law Judiciary

In Section I, this article explains the issues within Airbnb and why they need addressing. Section II explains the current state of Airbnb regulation and identifies the loopholes within that regulation that harm consumers. Section III shows why Section 230 of the Communications Decency Act protects Airbnb from some regulations, but why it also allows harm to persist against Airbnb. Section IV will posit that the Federal Trade Commission should oversee a broad, context-based regulation of Airbnb to protect consumers through a risk management reporting mechanism similar to the financial reporting to the Securities and Exchange Commission required under the …

Aclp - Comments To The Fcc Re Net Neutrality - December 2023, New York Law School

Reports and Resources

No abstract provided.

Hit The Reset Button: Video Games, Platforms, And Changing Antitrust Vertical Merger Policy, Cahill Maffei

Student Scholarship

For decades, antitrust law has treated vertical mergers as almost per se legal. Courts and scholars embraced the economic theories of the Chicago School, which predict that vertical mergers almost always lead to efficiencies that benefit consumers through lower prices. As a result, vertical mergers are almost never challenged and those that are usually fail. More recently, politicians, regulators, and pundits have become increasingly concerned with the growing concentration of wealth and power among America’s large technology corporations. Part of their dominance can be explained by the rapid rise of platform business models, which through network effects can entrench dominant …

How Trade Liberalization And Labor Development Could Coincide In The Philippines, Aeneas Dr Hernandez, Brendan Emmanuel A. Miranda, Martin William P. Regulano, Andrae Jamal Tecson, Martin William P. Regulano, Ma. Ella Oplas, Tereso S. Tullao Jr, Winfred M. Villamil

Angelo King Institute for Economic and Business Studies (AKI)

As the world adapts to the rapid pace of globalization in the 21st century, countries ease trade restrictions by gradually removing tariffs and non-tariff barriers to incentivize the free flow of goods across nations. This prevalence of trade liberalization policies propelled policymakers and economists to investigate the relationship between trade reforms and economic outcomes including wage inequality around the world. They found that trade liberalization, on average, has had a positive impact on economic growth, but prior studies that examine the effects of trade liberalization on wage inequality in developing countries have found mixed results. Recently, Murakami (2021) examined the …

Permissible Forms Of State Aid For Airlines In The Era Of The Covid-19 Pandemic (Part Ii), Jadwiga Urban-Kozłowska

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

The aim of this study is to critically analyze the use of two types of state aid – emergency aid (Article 107(2)(b) TFEU) and anti-crisis aid (Article 107(3)(b) TFEU), which played a key role in supporting air carriers during the COVID-19 pandemic. This will make it possible to compare both types of aid, and to answer the question of their importance and usefulness in the context of supporting air carriers, and more broadly, entrepreneurs overall, during extraordinary events such as COVID-19. The premises for each of these exemptions will be discussed separately, and theoretical considerations will be accompanied by examples …

Case Comment In Support Of The Judgment Of The Warsaw-Praga District Court Of 24 May 2022, Fi Le Reference Number: Iv Ca 752/21 On The Boundary Between The Management Of A Hotel Service And A Tourist Package, Dominik Borek

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

This article cites the facts described in the judgment of the Warsaw-Praga District Court of 24 May 2022, ref. no. fi le: IV Ca 752/21. The ruling is of great importance for the hotel market and tourism organizers in Poland, as it concerns the definition of a hotel service, as opposed to a package-tourist event. The judgment sparked numerous comments in the tourism industry and the press. Even though it concerns a legal status no longer applicable in the field of organizing tourist events, it has practical signifi cance for the functioning of the market. It should be kept in …

Critical Commentary On The Judgment Of The Provincial Administrative Court (Wsa) In Warsaw Of 27 October 2022, Ref. No. Fi Le: Vl Sa/Wa 2058/22 On The Boundary In Managing Consumer Relations With Tour Operators During The Covid-19 Pandemic, Dominik Borek

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

This article cites the facts described in the judgment of the Provincial Administrative Court (WSA) in Warsaw of 27 October 2022, ref. no. file: Vl SA/Wa 2058/22. The scrutinized judgment is of great importance for the market of tour operators and insurance companies in Poland, as it concerns setting the limits of liability for actions of entrepreneurs in extraordinary and unavoidable circumstances. In the judgment in question, two values are considered, namely consumer protection, and resolving doubts in favor of entrepreneurs. These two key axioms should be balanced and assessed appropriately in the light of this controversial ruling.