Antitrust and Trade Regulation Commons^™

Bond Tokenization – Comments On The Background Of Art. 8 Sec. 2 Of The Act Of January 15th, 2015 On Bonds, Paweł Czaplicki

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

The article discusses the issue of the ‘tokenization’ of bonds in Poland. Presented are also de lege ferenda postulates concerning the implementation of this process in the domestic legal conditions. The article uses the dogmatic and legal research method. The main research problem presented in the article is whether the tokenization of bonds in Poland is possible. In accordance with the hypothesis put forward by the author, the legal regulations in force in this area currently prevent the tokenization of bonds in Poland.

Review Of Judicial Case Law On Practices Violating The Collective Interests Of Consumers Concerning The Financial Market In The First Half Of 2022, Łukasz Wroński

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

This review discusses selected court rulings concerning the financial market (made in the first half of 2022) after the President of UOKiK (the Office of Competition and Consumer Protection) issued decisions in cases of practices that violate the collective interests of consumers. The study presents the most significant motives of the rulings of the District Court in Warsaw – SOKiK (the Court of Competition and Consumer Protection), the Court of Appeals in Warsaw and the Polish Supreme Court.

Review Of Anti-Consumer Market Practices Concerning Financial Services In Light Of The Decisions Of The President Of Uokik Issued In 2022, Edyta Rutkowska-Tomaszewska, Artur Zwaliński

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

This paper reviews the decisions of the President of UOKiK (President of the Office of Competition and Consumer Protection) issued during the period from January 1st to December 31st, 2022. All decisions issued by the President of UOKiK during the indicated period were analyzed and evaluated. They were divided into two main categories based on the UOKiK President’s jurisdiction to issue decisions on anti-consumer market practices; first: decisions on violations of collective consumer interests, and, second, decisions on the use of prohibited contractual provisions in model contract templates. They were then further divided, within the two above categories, into groups …

Krzysztof Waliszewski (Ed.), Personal Finance, Polish Academy Of Sciences Publishing House, Warsaw 2022, Pp. 426, Iwona D. Czechowska

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

A review of a book edited by Krzysztof Waliszewski.

The Housekeeping Of The Court Of Justice: The Ne Bis In Idem Principle And The Territorial Scope Of Nca Decisions Case Comment To The Nordzucker Judgment Of The Court Of Justice Of 22 March 2022, Case C-151/20, Kamil Dobosz

Yearbook of Antitrust and Regulatory Studies

The case commentary examines the recent ruling of the Court of Justice in the Nordzucker case. This judgment is important not only for the new approach to the ne bis in idem principle in competition law (which was first established in the Bpost case, issued the same day), but also for the clarification of the concept of “idem” with respect to the territorial effects of the infringement on the territories of two member states. The judgment thus provides guidance for the extraterritorial application of EU competition law.

Maciej Bernatt, Populism And Antitrust: The Illiberal Influence Of Populist Government On The Competition Law System, Cambridge University Press, 2022, 253 P., Baskaran Balasingham

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

4th Brazilian Institute For Competition And Innovation (Ibci) International Conference On Competition And Innovation 9–11 November 2021, Eduardo Molan Gaban, Vinicius Klein

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Giuseppe Tesauro Memorial Conference, Eulogy Of A ‘Giurista-Gentiluomo’ Naples, 1–2 July 2022, Walter Bruno

Yearbook of Antitrust and Regulatory Studies

No abstract provided.

Cookies, Pop-Ups And Commercials: How Tech Companies' Privacy Promises Are Preserving Their Data Dominance, Cailley Lapara

Capstones

As antitrust sentiment focused on Big Tech from regulators and consumers grows, companies like Google and Apple and more have announced plans to move away from the behavioral ad business model that brought the companies to the size they are today. This trend is marketed to customers as a way to address their growing concerns over privacy and data collection. It also comes as the companies face sweeping antitrust litigation and legislation that would break up the firms. But the companies' claims of moving towards privacy are sketchy at best, and appear to serve as a way for the companies …

The Constitutional Moment That Wasn't: 1912-1914 And The Meaning Of The Sherman Act, Alan J. Meese

Popular Media

No abstract provided.

Scamazon?: Antitrust Concerns In An Incorporated E-Commerce Marketplace, Aidan Macsweeney

Honors Projects in Accounting

The purpose of this Honors Thesis is to develop an understanding of how Amazon Inc. operates and competes in its own e-commerce marketplace. The paper seeks to answer the research question: Is the relationship between Amazon seller type and list price consistent with regulator antitrust concerns? The goal is to analyze Amazon listings in 27 product categories and how their price/sales effects vary by seller type: Amazon, Fulfilled by Amazon (FBA), and Fulfilled by Merchant (FBM). Special attention will be given to identifying price trends by category, the impact of the "Buy Box", and competing offers on the same listings. …

The Paradox Of Plenty: Why Guyana’S Local Content Law Needs A Reality Check, Vivian M. Williams

Publications and Research

The effectiveness of coercive local content requirements to the development of resource rich developing countries is an area attracting increasing global attention. Local content requirements are especially popular in the extractive sector though empirical studies show that they do not fulfill their intended purpose. Now recognized as the world's fastest growing economy after becoming an oil producing country, Guyana has passed a local content law. The real concern is not merely whether local content requirements fail to fulfill their objectives but whether they create market distortions that lead to the resource curse. This issue was addressed by Baruch's Adjunct Assistant …

The Death Of Amateurism In The Ncaa: How The Ncaa Can Survive The New Economic Reality Of College Sports, Claire Haws

Michigan Business & Entrepreneurial Law Review

In October 2019, the National Collegiate Athletic Association (NCAA) announced it would be making a major change to its rules: student-athletes would soon be permitted to receive compensation for the use of their name, image and likeness (NIL). The announcement came in response to an increasing volume of state legislation allowing for student-athlete NIL compensation. On July 1, 2021, student-athletes finally had the opportunity to receive NIL benefits as the NCAA’s interim NIL policy went into effect. This change represents a nail in the coffin for traditional notions of amateurism.

For decades, the NCAA defended its rules from antitrust challenges …

The Helicopter State: Misuse Of Parens Patriae Unconstitutionally Precludes Individual And Class Claims, Gabrielle J. Hanna

Washington Law Review

The doctrine of parens patriae allows state attorneys general to represent state citizens in aggregate litigation suits that are, in many ways, similar to class actions and mass-tort actions. Its origins, however, reflect a more modest scope. Parens patriae began as a doctrine allowing the British king to protect those without the ability to protect themselves, including wards and mentally disabled individuals. The rapid expansion of parens patriae standing in the United States may be partly to blame for the relative absence of limiting requirements or even well-developed case law governing parens patriae suits. On the one hand, class actions …

The Intersection Of Data Science, Tech And Law, Cardozo Law And Data Science Society, Cardozo Business Law Society, Cardozo Antitrust Society, Cardozo Intellectual Property Law Society (Ipls)

2022–2023 Flyers

No abstract provided.

Against Secondary Meaning, Jeanne C. Fromer

Notre Dame Law Review

Trademark law premises protection and scope of marks on secondary meaning, which is established when a mark develops sufficient association to consumers with a business as a source of goods or services in addition to the mark’s linguistic primary meaning. In recent years, scholars have proposed that secondary meaning plays an even more central role in trademark law than it already does. Yet enshrining secondary meaning in the law undermines the ultimate goals of trademark law: promoting fair competition and protecting consumers. The dangers of enshrining secondary meaning include the problematic doctrine that has built up to assess it or …

The Future Of College Sports After Alston: Reforming The Ncaa Via Conditional Antitrust Immunity, Nathaniel Grow

William & Mary Law Review

In June 2021, a unanimous U.S. Supreme Court issued its eagerly anticipated decision in National Collegiate Athletic Association v. Alston, ruling for the first time that NCAA rules governing student-athlete eligibility are subject to full scrutiny under federal antitrust law. Although the immediate impact of the Alston decision was rather modest—merely requiring the NCAA to allow its schools to compete by offering prospective players education-related benefits such as laptop computers and stipends for future graduate-level study—the Court hinted that it was prepared to extend the logic of this ruling much further, calling into question the legality of the NCAA’s …

Rebuilding Platform Antitrust: Moving On From Ohio V. American Express, Steven C. Salop, Daniel Francis, Lauren Sillman, Michaela Spero

Georgetown Law Faculty Publications and Other Works

Now that the immediate fallout from the Supreme Court’s blockbuster Amex decision has cooled, this Article aims to give a first draft of its place in antitrust history and to offer a roadmap for the next stage of the evolution of platform antitrust analysis. We focus on several issues that have not been fully analyzed in the literature. First, we argue that, rather than mangling the law of market definition, the Court should have explicitly permitted multi-market balancing of effects across the separate markets in which the platform was active. Second, we propose standards to implement such balancing in cases …

Refashioning Old Tools For Modern Society, Christine P. Bartholomew

Book Reviews

Reviewing Peter Ormerod, Privacy Qui Tams, 98 Notre Dame L. Rev. __ (forthcoming 2023), available at SSRN.

Providing Farmers With The Legal Tools Needed To Keep The Equipment Running: An Update On The Agricultural Right To Repair Movement, Greg Nies, Bruce Elder

Mountain Plains Business Conference

This presentation examines and summarizes the right to repair movement from the perspective of its origins, development, legal basis and – most significantly – its unique manifestation within an agriculture perspective. The agricultural equipment sector is more concentrated and less competitive than many other industries, while the typical farmer remains fiercely independent and self-reliant. This unique situation has led to conflict, forming the basis of the current agricultural right to repair dispute. Accordingly, the current state of the agricultural right to repair movement is examined and explained based on the recent policy, legislation, and litigation efforts employed at federal and …