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Dynamic Pricing Algorithms, Consumer Harm, And Regulatory Response, Alexander MacKay, Samuel Weinstein 2022 Harvard Business School

Dynamic Pricing Algorithms, Consumer Harm, And Regulatory Response, Alexander Mackay, Samuel Weinstein

Articles

Pricing algorithms are rapidly transforming markets, from ride-sharing, to air travel, to online retail. Regulators and scholars have watched this development with a wary eye. Their focus so far has been on the potential for pricing algorithms to facilitate explicit and tacit collusion. This Article argues that the policy challenges pricing algorithms pose are far broader than collusive conduct. It demonstrates that algorithmic pricing can lead to higher prices for consumers in competitive markets and even in the absence of collusion. This consumer harm can be initiated by a single firm employing a superior pricing algorithm. Higher prices arise from …


Trade's Mini-Deals, Kathleen Claussen 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 …


Anticompetitive Merger Review, Samuel N. Weinstein 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 …


Regulating Data Exclusivity Of Ride-Hailing Service In Indonesian Competition Law, Annisa Rahma Diasti 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, Md. Rizwanul Islam 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 …


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


Pre-Contractual Information Obligations In The New Draft Consumer Credit Directive In The Light Of Existing Eu Regulations, Piotr Gałązka 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.


Pre-Contractual Information Obligations Of The Lender Towards The Borrower In The Act On Reverse Mortgage, Michał R. Walczak 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.


A Few Words On Current Problems And Challenges Of Consumer Protection In The Financial Services Market, Edyta Rutkowska-Tomaszewska 2021 Wydział Prawa, Administracji i Ekonomii Uniwersytetu Wrocławskiego

A Few Words On Current Problems And Challenges Of Consumer Protection In The Financial Services Market, Edyta Rutkowska-Tomaszewska

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

From the volume editor.


The Importance Of Soft Law Issued By The European Banking Authority For Establishing The Normative Consumer Protection Standard On The Financial Market, Magdalena Fedorowicz 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 …


The Phenomenon Of Misselling On The Polish Bond Market – What Did The Getback S.A. Case Teach Us?, Paweł Czaplicki 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 …


Liability For The Execution Of A Payment Transaction With The Use Of An Incorrect Unique Identifier Under The Payment Services Act, Bartosz Wyżykowski 2021 Radca prawny; zastępca dyrektora Wydziału Klienta Rynku Bankowo-Kapitałowego w Biurze Rzecznika Finansowego. Artykuł prezentuje poglądy autora i nie powinien być traktowany jako stanowisko innych podmiotów, organów lub instytucji

Liability For The Execution Of A Payment Transaction With The Use Of An Incorrect Unique Identifier Under The Payment Services Act, Bartosz Wyżykowski

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

The article concerns certain aspects of pursuing claims by the payer in order to retrieve the amount of a payment transaction executed with the use of an incorrect unique identifier. For this purpose, an analysis is carried out of the provisions of the Payment Services Act, which was amended in 2018 as a result of the implementation of the Second Payment Services Directive into the Polish legal system. Reviewed in the paper are also judgments of courts issued in cases where a transaction was executed with the use of an incorrect unique identifier.


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 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 …


Specific Solutions Introduced In The ‘Anti-Crisis Package’ On Non-Interest Costs Of Consumer Loans, Magdalena Paleczna 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 Amendment To The Provisions On Consumer Bankruptcy In The Time Of The Crisis Caused By Covid-19, Wanesa Choptiany 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 …


Grażyna Szustak, Witold Gradoń And Łukasz Szewczyk, Protection Of A Non-Professional Financial Market Participant, Eu Katowice Publishing House 2021, Iwona D. Czechowska 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.


Entire Issue Vol. 10 No. 7, 2021 Wydział Zarządzania Uniwersytetu Warszawskiego/Faculty of Management University of Warsaw

Entire Issue Vol. 10 No. 7

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

Vol. 10(7)


Curbing The Anticompetitive Impact Of Commercial Land Use Regulation: An Administrative Approach, W.C. Bunting 2021 Villanova University Charles Widger School of Law

Curbing The Anticompetitive Impact Of Commercial Land Use Regulation: An Administrative Approach, W.C. Bunting

Villanova Law Review (1956 - )

No abstract provided.


College Athletics And Disseminating Sports Betting Data, Ryan Rodenberg 2021 Florida State University

College Athletics And Disseminating Sports Betting Data, Ryan Rodenberg

Journal of Applied Sport Management

The focus of this article is the interplay between college athletics and sports betting data dissemination, a near-future friction poised for litigation given concurrent issues involving name-image-likeness (NIL) rights and concentration of college sports via mega-conferences.


France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management, Christopher J. Bardenhagen, Philip H. Howard, Marie-Odile Noziéres-Petit 2021 Michican State University

France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management, Christopher J. Bardenhagen, Philip H. Howard, Marie-Odile Noziéres-Petit

Journal of Food Law & Policy

Quality-based food production, often with a regional dimension, can provide farmers with new, value added markets. It can also provide consumers with access to place based high-quality products, and may benefit local economies through increased commerce. French Organismes de Défense et de Gestion (ODGs) illustrate a mode of quality-based agri-food business organization. ODGs focus on the development of production standards, as well as management of the intellectual property related to those standards. This mode, which is commonly used in Europe, has not often been used in the United States, despite its potential for regional food system development. The ODG mode …


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