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The article discusses the effectiveness and the intensity of judicial review in the Polish competition law system. First, it studies whether the judicial review offered by the 1st instance Court of Competition and Consumer Protection in Warsaw (SOKiK) is effective in practice. Next, the article...
Persistent link: https://www.econbiz.de/10012965836
This article explores the interface between classic government structures -- the courts -- and key governance tools -- soft law. It presents the quantitative and qualitative results of research that asks the questions of whether and how soft law is reflected in the European competition and state...
Persistent link: https://www.econbiz.de/10014172791
The paper provides a comment to the Polish Supreme Court judgement. The issue that is analysed concerns full judicial control over the procedural infringements during administrative competition proceedings
Persistent link: https://www.econbiz.de/10014180655
The study focuses on the admissibility and assessment of economic expertise in EC competition law litigation. I start by exploring the broader issues raised by the integration of economic expertise in litigation: in particular the risk of moral hazard and adverse selection because of the...
Persistent link: https://www.econbiz.de/10014204308
The Supreme Court under Chief Justice John Roberts has rendered only one decision, Illinois Tool Works Inc. v. Independent Ink, Inc., 547 U.S. 28 (2006) that explicitly addresses the relationship between antitrust and intellectual property rights. But there have been at least five more decisions...
Persistent link: https://www.econbiz.de/10014219660
Most mergers filed at the enforcement agencies are conglomerate in nature with only minor horizontal overlaps. An enforcement agency may challenge the merger, if any overlap is believed to be adversely affected by the transaction. While the merging firm is entitled to a hearing in federal court,...
Persistent link: https://www.econbiz.de/10014222986
Increasingly more focus is placed on the human rights aspects of competition enforcement in the past years also in Hungary. By now, the Hungarian courts clarified the human rights aspects of Hungarian competition law from various perspectives. The goal of this study is to give practical insight...
Persistent link: https://www.econbiz.de/10014128736
On 16 February 2010 the Competition Authority of Bosnia and Herzegovina (KV) initiated an investigation into the potential margin squeeze and discriminatory practices applied by the incumbent telecom operator BH Telecom. The investigation was prompted by the complaint submitted by an independent...
Persistent link: https://www.econbiz.de/10014128910
This article examines the Supreme Court's 1977 decision in Illinois Brick Co. v. Illinois, 431 U.S. 720 (1977) through the now public papers of Justices Blackmun, Brennan, Marshall and Powell. These papers illuminate all phases of consideration of the case, from the treatment of the petition for...
Persistent link: https://www.econbiz.de/10014060369