Antitrust and Trade Regulation Commons^™

Paulina Korycińska-Rządca, Protection Of Secrets Of The Party To Antitrust Proceedings Concerning Competition-Restricting Practices, C.H. Beck, Warsaw 2020, Anna Piszcz

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

No abstract provided.

Support Of Automation And Robotization Processes With Public Aid Regulations, Conclusions De Lege Ferenda, Janusz Michałek, Mirosław Pachucki

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

In this article, the authors analyze the legal aspects of the possibility of using existing fiscal solutions for technology transfer to companies from the SME sector, also proposing the adoption of specific legislative solutions in this regard. In the authors’ opinion, changes taking place in the global economy, remodeling of supply chains in connection with COVID-19, or the war in Ukraine, force the process of investment relocation closer to the relevant markets. Imperfections in the level of automation among Polish entrepreneurs, resulting from the lack of awareness in this area, or from the lack of capital set aside for the …

Protection Of An Insolvent Undertaking – Comments Against The Background Of Simplified Restructuring Proceedings, Joanna Affre, Mateusz Restel

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

In 2020, as a result of the crisis caused by the COVID-19 pandemic, many legal and economic tools were implemented in Poland to stop undertakings from going bankrupt. One of such solutions was the Simplifi ed Restructuring Procedure. A few months later, it was replaced by Proceedings for the Approval of the Arrangement. Both of these procedures are extrajudicial, and their main purpose was to protect debtors and assist their restructuring. Indirectly, the procedure was also keeping the business activities of an insolvent undertaking going, with all the consequences that are associated with it, and above all, the protection of …

Protection Of An Insolvent Undertaking – Comments Against The Background Of Simplifi Ed Restructuring Proceedings, Daria Kostecka-Jurczyk, Katarzyna Marak

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

In 2020, as a result of the crisis caused by the COVID-19 pandemic, many legal and economic tools were implemented in Poland to stop undertakings from going bankrupt. One of such solutions was the Simplifi ed Restructuring Procedure. A few months later, it was replaced by Proceedings for the Approval of the Arrangement. Both of these procedures are extrajudicial, and their main purpose was to protect debtors and assist their restructuring. Indirectly, the procedure was also keeping the business activities of an insolvent undertaking going, with all the consequences that are associated with it, and above all, the protection of …

Irrelevant Markets, Jan Polański

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

There is a widespread view in Polish antitrust literature that it is necessary to define the relevant market in every antitrust case. The above is in contradiction with, for example, the approach adopted in EU law. However, it is pointed out that such an obligation results in Polish law, in particular, from the actual wording of the Act on Competition and Consumer Protection. This article aims to defend the opposite thesis: defining relevant markets is not always necessary, and emphasis on defi ning them every time is even harmful and leads to the defi nition of “irrelevant” markets.

Hearing Officers In Competition Proceedings Conducted By The European Commission For The Implementation Of Article 101 And 102 Tfeu, Justyna Kownacka

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

The article analyzes the role played by the Hearing Officer in competition proceedings conducted by the European Commission to implement Article 101 and 102 TFEU. Currently, the Hearing Officer is a guarantor of the effective exercise of procedural rights in the course of all competition proceedings before the EC, while contributing to the objectivity, transparency and efficiency of the proceedings. The article also discusses the proposals to change the scope of the powers of the Hearing Officer, as reported in doctrine and literature, and refers to the possibility and legitimacy of introducing such institution into Polish competition law.

Compensation Liability For Antitrust Damages Caused By Related Companies – Development Of The Concept Of A Single Economic Unit Case Comment To The Cjeu Judgment Of 6 October 2021 In Case C-882/19 Sumal Sl V Mercedes Benz Trucks España Sl, Marta Mackiewicz

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

The subject of this case comment is the analysis and assessment of the judgment of the Court of Justice of the European Union (CJEU) issued on 6 October 2021 in case C-882/19, brought by Sumal SL v Mercedes Benz Trucks España SL. The Sumal judgment concerns an important issue in the area of competition law, both public and private (private enforcement) – determining the group of entities responsible for infringements of competition law operating within one economic body. Earlier CJEU case law in this regard focused primarily on determining the liability of the parent company within a group of companies. …

Seminar On The Rule Of Law And The Internal Market Of The Eu/Eea, Jacek Mainardi

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

No abstract provided.

The Economics Of Repair: Fixing Planned Obsolescence By Activating The Right To Repair In India, Dunia Zongwe, Mahantesh Gs, Mamatha R

International Journal on Consumer Law and Practice

This paper examines the lack of a Right to Repair (R2R) legislation in India, particularly in the technology sector, and proposes key principles for an optimal Right to Repair Act based on competition economics and consumer choice. In the current scenario, electronic devices are often designed with planned obsolescence, leading to limited lifespans and encouraging a cycle of consumption and disposal, which negatively impacts the economy, society, and the environment. The global R2R campaign aims to balance societal rights and corporate interests by empowering consumers with the right to repair their devices.

Our research is the first to develop core …

Consumer Harms Arising From The Competition Dynamic Of E-Commerce Platforms In Malaysia, Tze Chin Ong Dr, Mei Fei Lee Ms., Norhoneydayati Abdul Manap, Zalina Abdul Halim Dr., Sridevi Thambapillay

International Journal on Consumer Law and Practice

The structure of the digital market of e-commerce platforms is dynamic, with a combination of characteristics such as strong network effects, concentrated multi-sided platforms, extreme economies of scale and scope, low marginal costs, and high data returns. These strong network externalities within the multisided e-commerce market make the competitive environment in e-commerce significantly different from the conventional monogamous market as they create gatekeeper positions favouring a few incumbent e-commerce platforms. In these circumstances, gatekeeper incumbent e-commerce platforms often set commercial conditions that have the effect of undermining other players and potential rivals within the ecosystem. In this regard, there has …

Why Antitrust? Perspectives On Antitrust Career Paths, Cardozo Antitrust Society, New York State Bar Association

2023–2024 Flyers

No abstract provided.

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 …

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, Alexandr Svetlicinii, Jasminka Pecotić Kaufman

Yearbook of Antitrust and Regulatory Studies

Editorial

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 …

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 …

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, 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, 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, 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 …