Antitrust and Trade Regulation Commons^™

Panel 2: All Things Vertical: Divergence Or Convergence?, Douglas H. Ginsburg, Jeffrey C. Bank, Jean-François Bellis, Isabelle De Silva, Nils Wahl

Fordham Competition Law Institute

No abstract provided.

Panel 1: Antitrust And Populism, Eleanor M. Fox, Herbert Hovenkamp, Frédéric Jenny, Mario Monti, Joseph Stiglitz

Fordham Competition Law Institute

No abstract provided.

Introductions; Keynote; Enforcement Of Competition Rules In The European Union: The Globalized Economy In The Digital Age, James Keyte, Makan Delrahim, Johannes Laitenberger

Fordham Competition Law Institute

No abstract provided.

Panel 4: Structural Modeling And Antitrust Current And Future Applications, James Keyte, Arthur Burke, Ariel Pakes, Kenneth B. Schwartz, Ali Yurukoglu

Fordham Competition Law Institute

No abstract provided.

Panel 3: The Amex Decision: What’S Next?, Michael Cragg, David Evans, Barry Nigro, Chul Pak

Fordham Competition Law Institute

No abstract provided.

Luncheon Address, Maureen Ohlhausen

Fordham Competition Law Institute

No abstract provided.

Panel 1: What Can We Learn From Merger Retrospectives?, Mary Coleman, Bruce Kobayashi, Leslie Overton, Lee Van Voorhis, Benjamin Wagner

Fordham Competition Law Institute

No abstract provided.

Welcoming Remarks, Panel 1: Merger Remedies, James Keyte, David Weiskopf, Mark Israel, Aditi Mehta, Alex Okuliar, Sonia Pfaffenroth

Fordham Competition Law Institute

No abstract provided.

Outcome Report Of Roundtable On International Investment Regime And Access To Justice, Michelle Chan, Kanika Gupta, Jesse Coleman, Kaitlin Y. Cordes, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

On October 18, 2017, the UN Working Group on Business and Human Rights and the CCSI co-hosted a one-day roundtable on the impacts of the international investment regime on access to justice for investment-affected individuals and communities.

Held at Columbia University in New York, the roundtable brought together 32 individuals from civil society organizations, communities affected by investments at the heart of investor-state claims, governments, academia, donor organizations, UN mandate holders, and other stakeholder groups. The roundtable provided an opportunity for participants to: (i) explore and assess the specific impacts of international investment agreements and investor-state dispute settlement on access …

Taking Antitrust Away From The Courts, Ganesh Sitaraman

Vanderbilt Law School Faculty Publications

A small number of firms hold significant market power in a wide variety of sectors of the economy, leading commentators across the political spectrum to call for a reinvigoration of antitrust enforcement. But the antitrust agencies have been surprisingly timid in response to this challenge, and when they have tried to assert themselves, they have often found that hostile courts block their ability to foster competitive markets. In other areas of law, Congress delegates power to agencies, agencies make regulations setting standards, and courts provide deferential review after the fact. Antitrust doesn’t work this way. Courts – made up of …

Table Of Contents

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

Table of contents

From The Volume Editors, Michał Będkowski-Kozioł, Łukasz Gołąb, Jan Walulik

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

Editorial Foreword

Capacity Mechanisms – Definition, Classification And Future Of A Two-Commodity Market In The European Union, Grzegorz Pizoń

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

The purpose of this article is to attempt to defi ne limitations of the concept of a capacity mechanism, to present a classification of mechanisms existing in different EU Member States, and to consider the future of two-commodity market in the light of current legislative developments. Additionally, the paper aims to verify a thesis on the possibility of providing services involving the availability of disposable capacity on terms unrelated to the provision of state aid.

Report On The Conference „Bezpieczeństwo, Regulacja I Konkurencja Na Rynku Energetycznym” [„Safety, Regulation And Competition On The Energy Market”], Łódź, 26.04.2018, Mateusz Czuba, Wojciech Modzelewski, Michał Pytkowski

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

No abstract provided.

Capacity Market In Poland – Purpose Of Implementation Of The Act, Eu And Polish Conditions, Key Assumptions Of The Concept And The Act, Tomasz Dąbrowski

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

No abstract provided.

Capacity Market As A Tool Supporting The Construction Of New Power Plants – Will It Work?, Igor Muszyński

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

This article discusses selected legal issues of the Act on the Capacity Market, which are of importance to the evaluation of their impact on the terms and conditions of fi nancing provided to new power generation capacities. These issues are analyzed in light of the market practice to date in the area of fi nancing of new power generation projects and in the area of mitigating legal risks associated with this type of investments by way of legal concepts used in the documentation of the financing of such projects. The value of the revenue achieved from the capacity market service …

The Essence And Legal Aspects Of The Functioning Of A Secondary Market For The Capacity Market, Michał Bałdowski, Marcin Kraśniewski

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

The capacity market is a system that supports the construction of new conventional power stations and reduces the negative impact of funding renewable energy sources in the energy sector. It constitutes an important element of the effective functioning of the capacity market mechanism, due to its compliance with the concept of safeguarding energy security by creating a support system for new investments in conventional energy, as adopted by the Polish legislator. The present paper is the fi rst attempt to scientifically analyze the importance of the secondary market for the Polish capacity market. It discusses the causes for the introduction …

Realization Of A Capacity Obligation By Power Companies, Bartłomiej Pawlak, Marcin Ziarkowski

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

According to the intention of the legislator, a capacity obligation, as defi ned in the Act on the Capacity Market of 8 December 2017 (Art. 2 point 23 of the Act), should be the main instrument of the capacity market used to ensure long-term energy security in Poland. The article presents an analysis of the content of the capacity obligation imposed on providers, which, in essence, may be defi ned as the provider’s civil law obligation towards an operator comprising of two components: availability to provide capacity, which consists of maintaining physical units in satisfactory condition during the entire delivery …

The Participation Of Foreign Electricity Generators In The Polish Capacity Market, Paweł Ura

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

The article provides an analysis of legal provisions relating to the participation of foreign electricity generators in the Polish capacity mechanism. The work discusses both the European context of the requirement to introduce cross-border participation and the legislative process of the Polish Act on the Capacity Market in this regard. The presentation of the regulation of the participation of foreign electricity generators is structurally divided into two parts. First, the paper analyzes the auction system with particular emphasis on preliminary auctions. Presented next is the issue of the specificity of a performance of a capacity obligation by a foreign electricity …

The Protection Of Legitimate Expectations And The Adjustment Of Capacity Mechanisms To The Regulation On The Internal Market For Electricity, Jędrzej Maśnicki

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

The aim of this paper is to analyse arguments for the application of the principle of protection of legitimate expectations to the fi rst power contracts concluded before the entry into force of the forthcoming Regulation on the internal market for electricity. The following arguments may be set out to grant such protection. The protection of legitimate expectations is one of the general principles of EU law, thus it is applicable to the activities of EU institutions or Member States implementing EU law. The decision of the European Commission accepting the Polish capacity mechanism (SA. 46100) is a source of …