New Amendments Introduced to European Union Competition Law Due to the Expiration of Block Exemption Regulations Conference at Łazarski University. Report
On 7 June 2010, a conference under the title New Amendments Introduced to
European Union Competition Law Due to the Expiration of Block Exemption Regulations
took place at the Lazarski University in Warsaw.
The conference was opened by Professor Zbigniew Lasocik, the Dean of the Law
Faculty of the Lazarski University, who started his speech by introducing the University
and emphasizing the Faculty of Law’s aim to ensure high quality legal education.
Fines for Failure to Cooperate within Antitrust Proceedings – the Ultimate We...Michal
The aim of this article is to analyse a powerful competence available to antitrust
authorities in Europe in the form of the imposition of fines for the failure to
cooperate within antitrust proceedings. While fines of that type are imposed in
practice very rarely, the article considers the existing decisional practice of the
Polish antitrust authority as well as the European Commission, and presents the
way in which their approach has evolved throughout the years. The article analyses
also the question of the formal initiation of proceedings concerning procedural
violations and the importance of the use of a uniform and fair approach towards
the scrutinized undertakings, especially as fine graduation is concerned. For that
purpose, the article provides also a comparative analysis of past proceedings
conducted by the European Commission and selected judgments of EU Courts.
Exchange of Information and Evidence between Competition Authorities and Entr...Michal
This article concentrates on the exchange of information and evidence between
competition authorities. The issue is analyzed from the perspective of both antitrust
and merger cases. The level, scope and intensity of cooperation between competition
authorities differs in respect to these two kinds of cases and, to an extent, the applicable legal framework varies as well. Our analysis is based on EU law, national
legislation, and relevant case law, with attention also given to other sources of law
such as bilateral and multilateral agreements, best practices, recommendations etc.
In addition the problem of exchange of information is examined through the prism
of the Polish Competition Act. Regulation 1/2003 and the ECN, created upon
its provisions, provide detailed rules applicable for the exchange of evidence and
information between competition authorities in antitrust cases at the European
level. With respect to mergers, the provisions of Regulation 139/2004 do not have
the same high degree of influence, hence considerable attention is given to soft law
acts, such as recommendations of OECD and ICN, or best practices and informal
agreements adopted by national competition authorities.
More economic approach to exclusivity agreements: how does it work in practic...Michal
No other topic draws as much attention in competition law as the need for an
economic approach1 and yet, it is still a ‘deficit’ approach. Authorities enforcing
competition protection rules are still very attached to the formalistic approach and
this is an affliction not only of the Polish but also of the EU authorities and courts2
Sławomir Dudzik, Współpraca Komisji Europejskiej z organami ochrony konkurenc...Michal
Sławomir Dudzik seminal work, Cooperation between the Commission and national
competition policy agencies in enterprise concentration control, was published and issued
in 2010 by Wolters Kluwer. It consists of a Preface, six chapters, and a separate
Conclusion, totalling 355 pages. Mr. Dudzik’s work is devoted to a very important
element of competition law, which while theoretically complicated is of great practical
significance. Already in the Preface the author relates, in a convincing fashion,
that as a result, inter alia, of the processes of globalisation ‘cooperation between
governmental competition policy agencies in various jurisdictions in the matter of
control over enterprise concentration has assumed a special significance in recent
years’ (p. 16). They have assigned to themselves the difficult task of defining the
‘principles governing the division of competences between the European Commission
and the national competition policy agencies of the member states of the EU with
regard to enterprise concentration control, as well as delineation of the scope of EU
jurisdiction in this area and related matters with regard to non-EU states’ (p. 17).
In the opinion of this reviewer, Mr. Dudzik fully realises the difficult task he set for
himself.
Conditional merger approvals in Polish legislation and decision-making practi...Michal
A meeting of the CARS Open PhD Seminar took place on 16 November 2010.
It was dedicated to the basic problems arising in relation to conditional merger
decisions in Poland. The opening speech delivered by Professor Tadeusz Skoczny
was based on his research study concerning the quantitative and qualitative analysis
of the decision-making practice of the Polish Competition Authority with respect to
conditional merger decisions.
Fines for Failure to Cooperate within Antitrust Proceedings – the Ultimate We...Michal
The aim of this article is to analyse a powerful competence available to antitrust
authorities in Europe in the form of the imposition of fines for the failure to
cooperate within antitrust proceedings. While fines of that type are imposed in
practice very rarely, the article considers the existing decisional practice of the
Polish antitrust authority as well as the European Commission, and presents the
way in which their approach has evolved throughout the years. The article analyses
also the question of the formal initiation of proceedings concerning procedural
violations and the importance of the use of a uniform and fair approach towards
the scrutinized undertakings, especially as fine graduation is concerned. For that
purpose, the article provides also a comparative analysis of past proceedings
conducted by the European Commission and selected judgments of EU Courts.
Exchange of Information and Evidence between Competition Authorities and Entr...Michal
This article concentrates on the exchange of information and evidence between
competition authorities. The issue is analyzed from the perspective of both antitrust
and merger cases. The level, scope and intensity of cooperation between competition
authorities differs in respect to these two kinds of cases and, to an extent, the applicable legal framework varies as well. Our analysis is based on EU law, national
legislation, and relevant case law, with attention also given to other sources of law
such as bilateral and multilateral agreements, best practices, recommendations etc.
In addition the problem of exchange of information is examined through the prism
of the Polish Competition Act. Regulation 1/2003 and the ECN, created upon
its provisions, provide detailed rules applicable for the exchange of evidence and
information between competition authorities in antitrust cases at the European
level. With respect to mergers, the provisions of Regulation 139/2004 do not have
the same high degree of influence, hence considerable attention is given to soft law
acts, such as recommendations of OECD and ICN, or best practices and informal
agreements adopted by national competition authorities.
More economic approach to exclusivity agreements: how does it work in practic...Michal
No other topic draws as much attention in competition law as the need for an
economic approach1 and yet, it is still a ‘deficit’ approach. Authorities enforcing
competition protection rules are still very attached to the formalistic approach and
this is an affliction not only of the Polish but also of the EU authorities and courts2
Sławomir Dudzik, Współpraca Komisji Europejskiej z organami ochrony konkurenc...Michal
Sławomir Dudzik seminal work, Cooperation between the Commission and national
competition policy agencies in enterprise concentration control, was published and issued
in 2010 by Wolters Kluwer. It consists of a Preface, six chapters, and a separate
Conclusion, totalling 355 pages. Mr. Dudzik’s work is devoted to a very important
element of competition law, which while theoretically complicated is of great practical
significance. Already in the Preface the author relates, in a convincing fashion,
that as a result, inter alia, of the processes of globalisation ‘cooperation between
governmental competition policy agencies in various jurisdictions in the matter of
control over enterprise concentration has assumed a special significance in recent
years’ (p. 16). They have assigned to themselves the difficult task of defining the
‘principles governing the division of competences between the European Commission
and the national competition policy agencies of the member states of the EU with
regard to enterprise concentration control, as well as delineation of the scope of EU
jurisdiction in this area and related matters with regard to non-EU states’ (p. 17).
In the opinion of this reviewer, Mr. Dudzik fully realises the difficult task he set for
himself.
Conditional merger approvals in Polish legislation and decision-making practi...Michal
A meeting of the CARS Open PhD Seminar took place on 16 November 2010.
It was dedicated to the basic problems arising in relation to conditional merger
decisions in Poland. The opening speech delivered by Professor Tadeusz Skoczny
was based on his research study concerning the quantitative and qualitative analysis
of the decision-making practice of the Polish Competition Authority with respect to
conditional merger decisions.
M. stefaniuk, 2007 polish antitrust law developmentsMichal
In 2007, the Polish antitrust law and the particular regulatory regimes
applicable to specific sectors of the Polish economy underwent major
change. In the context of the antitrust legislation, a new Act of 16 February
2007 on Competition and Consumers Protection1 was adopted, to be
subsequently amended twice in the same year. Simultaneously, a number
of key amendments were introduced into sectorial regulation, including:
the Act of 10 April 1997 – the Energy Law2, the Act of 16 July 2004 –
Telecommunication Law3, the Act of 28 March 2003 on Rail Transport4, and
to the Act of 3 July 2002 – Aviation Law5. The purpose of this paper is to
present the major amendments that were introduced into the Polish antitrust
law and regulatory regime in 2007.
Polish Antitrust Legislation and Case Law Review 2010Michal
The article presents key developments in Polish antitrust legislation and case law
of 2010. Regarding legislation, the article focuses on a new group exemption for
agreements on motor vehicle distribution; also provided is a general characterisation
of antitrust jurisprudence, mainly the judgments of the Supreme Court and the
Court of Appeals in Warsaw. The presented rulings are divided according to their
subject matter referring to particular types of restrictive practices, relevant market
definition, relationships between the Competition Act and other national legislation
as well as problems related to the UOKiK President’s decision-making process and
juridical control of antitrust decisions.
This paper reports results from a laboratory experiment exploring the relationship between reputation and entry in procurement. There is widespread concern among regulators that favoring suppliers with good past performance, a standard practice in private procurement, may hinder entry by new (smaller or foreign) firms in public procurement markets. Our results suggest that while some reputational mechanisms indeed reduce the frequency of entry, so that the concern is warranted, appropriately designed reputation mechanisms actually stimulate entry. Since quality increases but not prices, our data also suggest that the introduction of reputation may generate large welfare gains from the buyer.
The slide is on the business law in practice and its aspects. The report has been prepared with 4 distinctive parts. The first part of the report provides law-related ideas for sale of goods. The second task of the report has shown an idea about consumer credit. The third task of the report has discussions on monopolies. Finally, the task has been prepared with the discussion of intellectual property for businesses. Some business cases have been analysed in the report. The report has shown businesses operation within UK and EU legal framework. Above all, the readers can have an idea about different aspects of business law.
Based on my recent work with several co-authors this paper explores the relationship between discretion, reputation, competition and entry in procurement markets. I focus especially on public procurement, which is highly regulated for accountability and trade reasons. In Europe regulation constrains the use of past performance information to select contractors while in the US its use is encouraged. I present some novel evidence on the benefits of allowing buyers to use reputational indicators based on past performance and discuss the complementary roles of discretion and restricted competition in reinforcing relational/reputational forces, both in theory and in a new
empirical study on the effects restricted rather than open auctions. I conclude reporting preliminary results form a laboratory experiment showing that reputational mechanisms can be designed to stimulate rather than hindering new entry.
This contribution aims to present an overview of significant cases decided by,
or pending before, European Community institutions since Poland’s accession
to the European Union (EU). This approach imposes constraints on the level
of detail in the case summaries presented. It is the author’s intention to focus
on a narrower selection of decisions and developments allowing Polish readers
to place the decisions related to Poland in a broader context.
Celem artykułu jest analiza polityki handlowej Unii Europejskiej wobec Chin w kontekście
zmian jakie są związane z wygaśnięciem okresu przejściowego członkostwa Chin w WTO,
które nastąpiło w grudniu 2016 roku. Wygaśnięcie owego okresu przejściowego wymusza na
Unii Europejskiej pewne zamiany zwłaszcza w postępowaniach antydumpingowych. Dla zrealizowania celu pracy przyjęto że przyznanie lub nie statusu gospodarki rynkowej Chinom jest
przede wszystkim decyzją polityczną wymagającą uwzględniani sprzecznych interesów państw
członkowskich UE.
IndexBox Marketing has just published its report: “EU: Optical Fibers, Optical Fiber Bundles and Cables Excluding Optical Fiber Cables, Made up of Individually Sheathed Fibers - Market Report. Analysis And Forecast To 2020”. This report focuses on the EU optical fiber market, providing a comprehensive analysis and the most recent data on its market size and volume, EU trade, price dynamics, domestic production, and turnover in the industry. The market trends section reveals the main issues and uncertainties concerning the industry, while the medium-term outlook uncovers market prospects. The attractivity index (IB Index) summarizes the source of existing opportunities as they appear in this market, as well as an interpretation of the trade figures.
Standards of Entrepreneur Rights in Competition Proceedings – a Matter of Adm...Michal
The question of standards of entrepreneur rights in competition proceedings has
been for many years considered as one the most controversial issues. Its importance
has been increasing considering that the application of antitrust regulations is often
concomitant with a wide-ranging interference with the freedom of economic activity.
This interference manifests itself in cases concerning both restrictive practices and
the control of concentrations. Valuable source of inspiration for a debate on the
need to take into account numerous standards of rights in competition proceedings was the dispute over the nature of competition proceedings and fines (the
controversy around ‘a criminal law nature’ of competition cases). The jurisprudence
of Strasbourg judiciaries explicitly stresses that in the assessment of a case nature
due consideration should rather not be given to formal classifications set forth
in legal provisions but to the real nature of the case. The ECJ did not share the
assumptions adopted by the European Court of Human Rights on the legitimacy of
a wide interpretation of the “criminal charge” notion within the meaning of Article
6(1) ECHR. In the present EU jurisprudence on competition law, there have been
more and more judgments which deal with standards of rights stemming from
the ECHR. In the context of an ever growing severity of penalties, the guarantee
function of law has been gaining in importance, and hence the standards to be
respected in competition proceedings are of a bigger weight.
Major changes were brought by the entry into force, on 1 December 2009, of the
Treaty of Lisbon. The implementation of the concept aiming at an even stronger
reinforcement of the position of fundamental rights was sealed by granting the EU
Charter of Fundamental Rights of 2000 the binding force by including this Charter
into the EU primary law and by defining the basis for the EU accession to the
ECHR (Article 6 TEU). The introduction of new rules of judicial cooperation in
criminal matters may contribute in future to a better dynamic of the criminalization
of the most serious violations of competition law in the EU Member States (Article
83 and following of the TFEU).
Powers of Inspection of the Polish Competition Authority. Question of Proport...Michal
The principle of proportionality applies to competition proceedings especially, when
it comes to the exercise by the competition authority of its powers of inspection.
Their use limits the economic freedom and right to privacy of the scrutinised
undertakings in order to protect free competition. The use of inspection powers
must thus be proportionate and remain the least onerous possible for the inspected
companies. In consequence, legislation must provide procedural guarantees of
proportionality of inspections.
E. rumak, p. sitarek, polish leniency programmeMichal
This paper is devoted to the Polish leniency programme, including the conditions
of obtaining lenient treatment and the applicable procedure. The type, scope
and form of information that must be submitted are commented on as well as
the marker system and summary applications. The intersection of the leniency
scheme with private enforcement of antitrust rules is discussed in detail. Special
attention is devoted to the possible ways in which private antitrust plaintiffs might
access information submitted to the UOKiK by leniency applicants. Thoroughly
analysed are the rules regulating the possibility of obtaining relevant documents
from the UOKiK and from the defendant in the course of civil proceedings as well as the status of the administrative decision in subsequent civil litigation. The paper
covers also the scope of the leniency recipient’s civil liability and touches upon
the possible ways in which it could be limited to enhance the effectiveness of the
leniency scheme. Some suggestions de lege ferenda are also provided concerning
the means of increasing this effectiveness without prejudice to the private parties’
right to compensation.
M. stefaniuk, 2007 polish antitrust law developmentsMichal
In 2007, the Polish antitrust law and the particular regulatory regimes
applicable to specific sectors of the Polish economy underwent major
change. In the context of the antitrust legislation, a new Act of 16 February
2007 on Competition and Consumers Protection1 was adopted, to be
subsequently amended twice in the same year. Simultaneously, a number
of key amendments were introduced into sectorial regulation, including:
the Act of 10 April 1997 – the Energy Law2, the Act of 16 July 2004 –
Telecommunication Law3, the Act of 28 March 2003 on Rail Transport4, and
to the Act of 3 July 2002 – Aviation Law5. The purpose of this paper is to
present the major amendments that were introduced into the Polish antitrust
law and regulatory regime in 2007.
Polish Antitrust Legislation and Case Law Review 2010Michal
The article presents key developments in Polish antitrust legislation and case law
of 2010. Regarding legislation, the article focuses on a new group exemption for
agreements on motor vehicle distribution; also provided is a general characterisation
of antitrust jurisprudence, mainly the judgments of the Supreme Court and the
Court of Appeals in Warsaw. The presented rulings are divided according to their
subject matter referring to particular types of restrictive practices, relevant market
definition, relationships between the Competition Act and other national legislation
as well as problems related to the UOKiK President’s decision-making process and
juridical control of antitrust decisions.
This paper reports results from a laboratory experiment exploring the relationship between reputation and entry in procurement. There is widespread concern among regulators that favoring suppliers with good past performance, a standard practice in private procurement, may hinder entry by new (smaller or foreign) firms in public procurement markets. Our results suggest that while some reputational mechanisms indeed reduce the frequency of entry, so that the concern is warranted, appropriately designed reputation mechanisms actually stimulate entry. Since quality increases but not prices, our data also suggest that the introduction of reputation may generate large welfare gains from the buyer.
The slide is on the business law in practice and its aspects. The report has been prepared with 4 distinctive parts. The first part of the report provides law-related ideas for sale of goods. The second task of the report has shown an idea about consumer credit. The third task of the report has discussions on monopolies. Finally, the task has been prepared with the discussion of intellectual property for businesses. Some business cases have been analysed in the report. The report has shown businesses operation within UK and EU legal framework. Above all, the readers can have an idea about different aspects of business law.
Based on my recent work with several co-authors this paper explores the relationship between discretion, reputation, competition and entry in procurement markets. I focus especially on public procurement, which is highly regulated for accountability and trade reasons. In Europe regulation constrains the use of past performance information to select contractors while in the US its use is encouraged. I present some novel evidence on the benefits of allowing buyers to use reputational indicators based on past performance and discuss the complementary roles of discretion and restricted competition in reinforcing relational/reputational forces, both in theory and in a new
empirical study on the effects restricted rather than open auctions. I conclude reporting preliminary results form a laboratory experiment showing that reputational mechanisms can be designed to stimulate rather than hindering new entry.
This contribution aims to present an overview of significant cases decided by,
or pending before, European Community institutions since Poland’s accession
to the European Union (EU). This approach imposes constraints on the level
of detail in the case summaries presented. It is the author’s intention to focus
on a narrower selection of decisions and developments allowing Polish readers
to place the decisions related to Poland in a broader context.
Celem artykułu jest analiza polityki handlowej Unii Europejskiej wobec Chin w kontekście
zmian jakie są związane z wygaśnięciem okresu przejściowego członkostwa Chin w WTO,
które nastąpiło w grudniu 2016 roku. Wygaśnięcie owego okresu przejściowego wymusza na
Unii Europejskiej pewne zamiany zwłaszcza w postępowaniach antydumpingowych. Dla zrealizowania celu pracy przyjęto że przyznanie lub nie statusu gospodarki rynkowej Chinom jest
przede wszystkim decyzją polityczną wymagającą uwzględniani sprzecznych interesów państw
członkowskich UE.
IndexBox Marketing has just published its report: “EU: Optical Fibers, Optical Fiber Bundles and Cables Excluding Optical Fiber Cables, Made up of Individually Sheathed Fibers - Market Report. Analysis And Forecast To 2020”. This report focuses on the EU optical fiber market, providing a comprehensive analysis and the most recent data on its market size and volume, EU trade, price dynamics, domestic production, and turnover in the industry. The market trends section reveals the main issues and uncertainties concerning the industry, while the medium-term outlook uncovers market prospects. The attractivity index (IB Index) summarizes the source of existing opportunities as they appear in this market, as well as an interpretation of the trade figures.
Similar to New Amendments Introduced to European Union Competition Law Due to the Expiration of Block Exemption Regulations Conference at Łazarski University. Report
Standards of Entrepreneur Rights in Competition Proceedings – a Matter of Adm...Michal
The question of standards of entrepreneur rights in competition proceedings has
been for many years considered as one the most controversial issues. Its importance
has been increasing considering that the application of antitrust regulations is often
concomitant with a wide-ranging interference with the freedom of economic activity.
This interference manifests itself in cases concerning both restrictive practices and
the control of concentrations. Valuable source of inspiration for a debate on the
need to take into account numerous standards of rights in competition proceedings was the dispute over the nature of competition proceedings and fines (the
controversy around ‘a criminal law nature’ of competition cases). The jurisprudence
of Strasbourg judiciaries explicitly stresses that in the assessment of a case nature
due consideration should rather not be given to formal classifications set forth
in legal provisions but to the real nature of the case. The ECJ did not share the
assumptions adopted by the European Court of Human Rights on the legitimacy of
a wide interpretation of the “criminal charge” notion within the meaning of Article
6(1) ECHR. In the present EU jurisprudence on competition law, there have been
more and more judgments which deal with standards of rights stemming from
the ECHR. In the context of an ever growing severity of penalties, the guarantee
function of law has been gaining in importance, and hence the standards to be
respected in competition proceedings are of a bigger weight.
Major changes were brought by the entry into force, on 1 December 2009, of the
Treaty of Lisbon. The implementation of the concept aiming at an even stronger
reinforcement of the position of fundamental rights was sealed by granting the EU
Charter of Fundamental Rights of 2000 the binding force by including this Charter
into the EU primary law and by defining the basis for the EU accession to the
ECHR (Article 6 TEU). The introduction of new rules of judicial cooperation in
criminal matters may contribute in future to a better dynamic of the criminalization
of the most serious violations of competition law in the EU Member States (Article
83 and following of the TFEU).
Powers of Inspection of the Polish Competition Authority. Question of Proport...Michal
The principle of proportionality applies to competition proceedings especially, when
it comes to the exercise by the competition authority of its powers of inspection.
Their use limits the economic freedom and right to privacy of the scrutinised
undertakings in order to protect free competition. The use of inspection powers
must thus be proportionate and remain the least onerous possible for the inspected
companies. In consequence, legislation must provide procedural guarantees of
proportionality of inspections.
E. rumak, p. sitarek, polish leniency programmeMichal
This paper is devoted to the Polish leniency programme, including the conditions
of obtaining lenient treatment and the applicable procedure. The type, scope
and form of information that must be submitted are commented on as well as
the marker system and summary applications. The intersection of the leniency
scheme with private enforcement of antitrust rules is discussed in detail. Special
attention is devoted to the possible ways in which private antitrust plaintiffs might
access information submitted to the UOKiK by leniency applicants. Thoroughly
analysed are the rules regulating the possibility of obtaining relevant documents
from the UOKiK and from the defendant in the course of civil proceedings as well as the status of the administrative decision in subsequent civil litigation. The paper
covers also the scope of the leniency recipient’s civil liability and touches upon
the possible ways in which it could be limited to enhance the effectiveness of the
leniency scheme. Some suggestions de lege ferenda are also provided concerning
the means of increasing this effectiveness without prejudice to the private parties’
right to compensation.
In the fifth year of its activities CARS focused on the pursuit of a number of
goals set in its founding documents. It was a particularly busy year for its Publishing
Programme which saw the issue of 6 separate titles: two monographs, an Englishlanguage
textbook, a collective works and two volumes of the ‘Yearbook of Antitrust
and Regulatory Studies’ [a special edition vol. 4(4) and the yearly vol. 4(5)]. 2011 was
also a very active period for the CARS Open PhD Seminar series with four meetings
taking place throughout the year. Several CARS members engaged also in the second
edition of a research project dedicated to regulatory and antitrust aspects of airport
activities (first phase of the project completed in 2010).
A. jurkowska, antitrust private enforcement in polandMichal
This article presents the main difficulties surrounding private enforcement of
antitrust law in Poland, currently the key implementation problem in the field of
antitrust law. Whereas the basic standards concerning the public pillar of antitrust
enforcement have already been established, either in the European Community
(EC) or in its Member States, the private pillar of antitrust enforcement has not
yet been fully developed. The fact that private enforcement of antitrust law is
possible, and in fact equal, to public enforcement is not yet commonly recognized.
In response to the European Commission’s White Paper on Damages actions for
breach of the EC antitrust rules, private enforcement of antirust law is presently under intense discussion in EC Member States. This article should be considered
as one of the contributions to this debate.
It presents the main legal framework of private enforcement of antitrust law in
Poland. In order to do so, it directly refers to the Polish Act on competition and
consumer protection, the Civil Code and the Civil Procedure Code. This article
also discusses Polish case law in this area. It aims to assess whether existing Polish
legal provisions are, in fact, sufficient to ensure effective private enforcement of
Polish as well as EC antitrust law. The article refers to the main proposals of the
European Commission’s White Paper.
It is concluded that private enforcement of antitrust law is indeed possible in
Poland on the basis of currently applicable procedural rules, even if there are no
special instruments designed to facilitate it. However, it cannot be expect that in the
current legal climate, private parties will eagerly and frequently apply for damages
in cases of a breach of Polish antitrust law. Antitrust cases are special in many
aspects and, thus, they require specific solutions in procedural terms. This article
aims to pinpoint those areas, where the Polish law needs to be changed in order to
develop and promote private enforcement of antitrust law in Poland.
Agenda of the regional conference organised by SIGMA on Public procurement review bodies, which took place in Ohrid, the former Yugoslav Republic of Macedonia on 9-10 June 2016.
Can the Right To Be Heard Be Respected without Access to Information about th...Michal
This article analyses Polish competition procedure from the perspective of a) the right
to be heard, and b) the right to receive information about the proceedings. It points out
problems with access to information about competition proceedings which influence the
level of protection of the right to be heard in these proceedings. In order to appraise
this issue, the article embarks upon an examination of the rules governing the right to
be heard in Polish competition enforcement proceedings. It then focuses on the extent
of the competition authority’s obligation to inform undertakings about the actions
addressed to them. The article includes discussion of the rules that circumscribe the
parties’ right of access to evidence in the proceedings. Finally, proposals for changes
in the practice of the competition authority, as well as in the Polish legal framework,
are put forth. The new rules governing competition proceedings before the European
Commission serve as an example for improvements in Polish competition procedures.
The Autonomy of Sector-Specific Regulation – Is It Still Worth Protecting? Fu...Michal
This article sets out to contribute to the on-going discussion regarding the
relationship between competition law and sector-specific regulation, as well as the
parallel application of competition law and regulatory instruments. Thus, this article
attempts to provide a systematic outline of arguments which are conclusive for the
proposition that sector-specific regulation must remain fully autonomous, while
taking a critical stance with respect to the views of both the Supreme Court and
academic lawyers who advocate the supremacy of competition law.
D bove and a yokwana 'the role of competition advocacy in shaping 20 years of...Daniela Bove
12th Annual Conference on competition law, economics and policy (2018)
A paper presented by Daniela Bove and Azania Yokwana on "the role of competition advocacy in shaping 20 years of competition law in South Africa."
The paper shows how competition advocacy played a significant role in cases in the Antiretroviral market, in the construction sector, in markets that employ procurement or bidding processes and in market inquiries. The paper also highlights some of the strategic alliances formed through the competition advocacy initiatives of the Competition Commission of South Africa.
This paper estimates the impact of competition policy on total factor productivity growth for 22 industries in twelve OECD countries over 1995 to 2005. We find a positive and significant effect of competition policy as measured by created indexes. We provide results based on instrumental variables estimators and heterogeneous effects to support the causal nature of the established link. The effect is particularly strong for specific aspects of competition policy related to its institutional setup and antitrust activities. It is also strengthened by good legal systems, suggesting complementarities between competition policy and the efficiency of law enforcement institutions.
We give an overview of the European Commission's Internal Market Strategy and look what it might mean for business.
Similar to New Amendments Introduced to European Union Competition Law Due to the Expiration of Block Exemption Regulations Conference at Łazarski University. Report (20)
To regulate or not to regulate – economic approachMichal
The aim of this paper is to present an Indefeasible Right of Use (IRU) as a possible
remedy for telecom infrastructure EU projects that (in Poland) have been lagged
behind the time. Thanks for IRU, Beneficiaries of these EU projects will be able
to save both: time and money and will finish projects successfully. The author
discusses two possible methods of implementing IRU: via regulatory obligation and
via incumbent’s goodwill. The author proposes a game theory model with payoffs
depending on regulator’s and incumbent’s strategies. Using a game theory tree,
the author shows that if only the incumbent is willing to offer his own network,
IRU may be signed and most delays in EU projects disappear. The success is not
so obvious while implementing IRU as an obligation – in this case EU projects
will probably fail.
The European Commission published a White Paper on 2 April 2008 on damages
actions for breach of EU antitrust rules. The content of the White Paper is since
then being prepared to be converted into EU legislation on private antitrust
enforcement. This paper presents the developments in private antitrust enforcement
in Poland after 2 April 2008. It commences with an outline of EU actions in
this field which act as an introduction to the more detailed analysis of recent
jurisprudential and legislative developments in Poland. The latter part of the paper
covers, in particular, the 2009 Act on the Pursuit of Claims in Group Proceedings
and the 2011 Act Amending the Civil Procedure Code and Some Other Acts which
abolishes all specific elements of commercial proceedings, including the statutory ‘non-admission of evidence’ principle. These two legal acts are assessed in order
to establish whether their introduction is likely to help facilitate private antitrust
enforcement in Poland and to consider to what an extent are these developments
responding to the challenges outlined by the European Commission.
Sieci szerokopasmowe w polityce telekomunikacyjnej a book reviewMichal
A new book from Professor Stanisław Piątek, an established authority on
telecommunications law, brings the reader closer to the inner workings of broadband
technology in its legal environment. The title reflects the focus of telecoms policy
on access whereby the only access that matters is to the broadband network in its
many variations. The subject matter itself makes the book worth reading, particularly
in the absence of other major Polish works on this topic. Even if some authors
regarded broadband technologies as obsolete years ago1, in reality it still represents
a lion’s share of the telecoms business. Professor Piątek himself is well aware of the
historical and transitory nature of the subject matter when he defines broadband not
by association with any particular technology but as the ability of whatever technology
available at any given moment to provide a certain minimum transmission speed.
Thus the central notion is open to absorb technologies nonexistent as of yet. This in
turn may pose serious regulatory issues as to what future industries will be subject to
regulation, particularly since the distinction between content and carrier regulation
is becoming increasingly blurred.
Media audiovizualne. konflikt regulacyjny w dobie cyfryzacji a book reviewMichal
The book under review here is entitled Audiovisual Media: regulatory conflict in
the digitalisation era by Katarzyna Chalubinska- Jentkiewicz. As the title suggests,
I expected it to be a monograph on new regulatory problems in the increasingly
digital audiovisual field. The sector itself is well known to cause competence conflicts
between the as many as three different regulatory bodies overseeing it in Poland: the
national telecoms regulator (the UKE President), the audiovisual media supervisory
body (the KRRiT) and the competition authority (the UOKiK President). The impact
of the European Commission can also not be overlooked. The book does indeed
deal in great detail with what is seen as the ‘regulatory conflict’ in the audiovisual
field but the approach applied therein is that of the theory of administration and
administrative/constitutional law rather than that of market regulation. As a result,
the analysis focuses primarily on the perceived ‘conflict’ between Poland’s interests
and regulatory competences and the impact exercised by the European Union as
a whole, rather than on any existing or potential internal conflicts. Key to the entire
analysis is the contraposition of the notion of ‘public interest of a nation’ (State) and
the ‘general interest of the EU’ whereby the special characteristics of ‘national’ public
interest are associated with the notion of ‘public morality’ and also, ‘public mission’.
Legislative developments in the aviation sector in 2011 in polandMichal
The Polish Aviation Law Act of 3 July 2002 was amended six times in
2011. The only major change introduced in this period resulted from the
Amendment Act to the Aviation Law Act of 30 June 2011, most of which
entered into force 30 days after its publication1. In fact, changes introduced
thereby were so widespread and crucial to the entire aviation sector that it
can easily be referred to as a completely new law. Considerable effort went
into the preparation of this Act – its first draft was presented as early as 2009
followed by long consultations and the ultimate introduction of a number of
further changes.
Legislative developments in rail transport in 2011 in polandMichal
Most amendments of the Polish rail transport law in 2011 concerned the
organisation of rail transport including: improvements in timetable changing
procedures; mechanisms to ensure the observance and early publication of
timetables; interoperability of the rail system and; certification of train drivers.
Introduced were also some changes meant to restructure the incumbent state
rail operator (in Polish: Polskie Koleje Państwowe; hereafter PKP).
Legislative and jurisprudential developments in the telecommunications sector...Michal
The Telecommunications Law Act1 (in Polish: Prawo Telekomunikacyjne,
hereafter: PT) was subject to a number of amendments in 2011 introduced by
the Amendment Act of 14 April 2011 and the Amendment Act of 16 September
2011 as well as by the separate Act of 30 June 2011 on the implementation of
digital terrestrial television.
In response to the reservations expressed by the European Commission
regarding the compatibility of the way in which regulatory obligations
concerning the setting of wholesale prices are imposed in Poland, the
Amendment Act of 14 April 2011 changed Articles 39 and 40 PT2. The direct
reason for this amendment was set out in a reasoned opinion prepared by the
Commission in October 2010 under Article 258 TFEU3. It was stated therein
that Polish rules regarding the establishment of wholesale prices may give
rise to legal uncertainty and may be discriminatory towards certain telecoms
operators.
Legislative and jurisprudential developments in the postal sector in 2011 in ...Michal
Postal services in Poland are governed by the Postal Law Act of 2003 (in
Polish: Prawo Pocztowe)1 which maintains the monopoly of the public operator
Poczta Polska with respect of letters weighing up to 50 grams. However, Poland
will have to fully liberalize its postal services market by 31 December 2012.
For this reason, the Government adopted on 5 October 2010 Assumptions
for the Draft Postal Law Act as proposed by the Minister of Infrastructure2.
However, the Draft was not placed on the Government’s legislative agenda
for 2011. Thus, the majority of legislative work will have to be completed in
2012, a fact that jeopardizes the implementation of Directive 2008/6/EC. The
latter indicates 31 December 2012 as the deadline beyond which Member
States must not maintain a privileged position of operators providing universal
postal services
Legislative and jurisprudential developments in the energy sector in 2011 in ...Michal
The year 2011 brought about fundamental changes to the legal framework
affecting energy markets in Poland. The most important of these changes
concerned rules on obligatory public trading of electric energy (so-called,
exchange obligation) and the implementation of Nuclear Facilities Projects
and Obligatory Natural Gas Reserve System Projects.
Key legislative and jurisprudential developments of Polish Antitrust Law in 2011Michal
The article presents key developments in Polish antitrust legislation and jurisprudence
of 2011. Its legislative part focuses on the renewal of Polish Group Exemption
Regulations for vertical agreements, specialization and R&D agreements as well as
cooperation agreements in the insurance sector. Noted is also the sole amendment
of the Competition Act introduced in 2011 which concerns the financial liability of
the Polish competition authority. The article covers also the new Guidelines of the
UOKiK President on the criteria and procedures of merger notifications. Presented
in its jurisprudential part is a number of 2011 rulings, mainly those rendered by
the Supreme Court and the Court of Appeals, divided according to their subject
matter with respect to particular types of restrictive practices and other problems
related to the decision-making process of the UOKiK President.
Is the parallel competence set out in regulation 12003 totally clear. case co...Michal
With a motion dated 28th of April 2005 submitted to the President of the Office of
Competition and Consumer Protection (in Polish: Prezes Urzędu Ochrony Konkurencji
i Konsumentów; hereafter, UOKiK President), Tele2 Polska Sp. z o.o. (currently:
Netia S.A., hereafter, Applicant) requested the initiation of antitrust proceedings
against Telekomunikacja Polska S.A. (hereafter, TP). The Polish incumbent, TP, was
alleged to have engaged in practices restricting competition covered by Article 8(1)
and 8(2)(5) of the Act on Competition and Consumer Protection of 15th December
2000 (hereafter, Competition Act 2000) and in Article 82 of the Treaty establishing
European Community (hereafter, TEC), presently, Article 102 of the Treaty on the
functioning of the European Union (hereafter, TFEU).
How to facilitate damage claims private enforcement in croatiaMichal
Ever since the Croatian Competition Agency started functioning in 1997, public
enforcement of competition law has been the norm. Civil actions for breaches of
competition law have been the exception in Croatia. The existing legislation in the
area of competition law makes no effort to incentivise private enforcement. There
are no specific rules in the Competition Act 2009 dedicated to civil actions, except a
single provision that assigns jurisdiction over damages claims to commercial courts.
General tort law is applicable in order to prove damages. A number of issues arise
here mostly due to the complexity of competition cases. These issues were described
in the European Commission’s White Paper on Damages Actions for Breach of
EC Antitrust Rules (2008). The level of uncertainty as regards the outcome of the
claim is high. It seems that special rules need to be adopted in Croatia in order
to improve the position of the injured side. The paper deals with a number of
procedural and substantive law issues relevant to the facilitation of civil proceedings
for antitrust damages. A domestic law perspective is applied taking into account
recent developments in EU competition law and policy.
European audiovisual sector – where business meets society’s needs a book r...Michal
The Centre for Antitrust and Regulatory Studies (CARS), responsible for this
yearbook, also prepares the publication of textbooks and monographs. An Englishlanguage
textbook European Audiovisual Sector: Where business meets society’s needs
written by Dr. Ewelina D. Sage is one of the latest publication in this series
Differentiation between entrepreneurs and its legal consequences. case commentMichal
The discussed judgment was rendered in relation to the dispute between the
President of the Polish Competition Authority (hereafter, UOKiK President) on the
one hand and the Polish Football Association and the broadcaster Canal+ on the
other hand. These two undertakings were party to an agreement on exercising media
rights to football games of the two highest classes of the Polish league. The core of
the dispute consisted of the possibility of deeming the pre-emption right reserved
for Canal+ as a contractual provision restricting competition. The Courts involved
were also forced to answer the question whether performing tasks of a public service
character justified a decrease in the fine imposed by the competition authority
Development of the judicial review of the decisions in slovakiaMichal
The article provides an analysis of the most important judgments rendered by
Slovak courts at the end of 2010, in the course of 2011 and at the beginning of 2012.
The article focuses solely on judicial review of decisions issued by the National
Competition Authority of the Slovak Republic.
Slovak courts dealt with several key issues concerning public enforcement
of competition law such as: the application of the so-called ‘general clause’;
competences of the Slovak competition authority in regulated sectors; and the
application of the economic continuity test. Some of the conclusions resulting from
these judgments may be considered disputable. It may be argued, in particular, that
they may jeopardize the effective enforcement of competition law in the Slovak Republic. At the same time, the discussed jurisprudence has managed to clarify
a number of key issues which had been subject to debate for a number of years. The
article presents a review of these judgments, summarizes their key conclusions and
considers their possible impact on the system of public enforcement of competition
law in the Slovak Republic. The article is divided into a number of parts, each of
which covers an individual case, the titles of which refers to the main topic that was
under discussion in the presented judgment.
Commission guidelines on assessment of significant market power. case commentMichal
The ruling of the Court of Justice (hereafter, CJ) in the PTC case concerns the
interpretation of Article 58 of the Treaty of Accession1 establishing an obligation
to publish EU legal acts in the languages of Member States which accessed the EU
on 1 May 2004. A controversy emerged in this context whether the said obligation
also applied to European Commission Guidelines on relevant market analysis and
the assessment of significant market power in the field of electronic communication
(hereafter, 2002 Guidelines)2. In general, guidelines issued by the Commission are
regarded as acts of soft law, also called innominate acts or sui generis acts.
What do limitation periods for sanctions in antitrustMichal
Limitation periods represent a legal safeguard for a person who has once
broken the law in order not to be put at risk of sanctions and other legal liabilities
for an indefinite amount of time. By contrast, public interest can sometimes require
that a person who has committed a serious breach of law cannot benefit from
limitation periods and that it is necessary to declare that the law had indeed been
infringed and that legal liability shall be expected irrespective of the passage of
time.
Universal service obligation and loyalty effectsMichal
In network industries, a Universal Service Obligation (USO) is often seen as a burden
on an incumbent, which requires compensation for the net cost of such service
provision. This paper estimates the effects of consumer loyalty as an intangible
benefit of USO in the postal sector. In doing so, the agent-based modelling (ABM)
approach is applied, which makes it possible to model the behaviour of boundedly
rational consumers and is thus particularly appropriate for taking into account
intangibles considerations. The analysis shows that loyalty is crucial to whether
the USO uniform pricing constraint results in loss-making or profitability. Under
certain conditions and in the presence of a loyalty parameter, uniform pricing gives
a USO provider an advantage, when the size of the rural area is sufficiently big
and a disadvantage, if its size is too small. This finding is counterintuitive as USO
providers in countries with sparsely populated areas are typically expected to incur
a significant net cost of USO.
2010 and 2011 eu competition law and case law developments with a nexus to po...Michal
This third overview of EU competition and sector-specific regulatory jurisprudential
and case law developments with a nexus to Poland covers the years 2010 and 2011.
This period of time is worth noting for several reasons. First, EU courts delivered
a significant number of judgments in ‘Polish’ cases including an increased number of
preliminary rulings. Second, 2010-2011 developments were dominated by judgments
and decisions concerning telecoms. Finally, the Commission adopted only a handful
of Polish State aid decisions following a formal investigation procedure under
Article 108(2) TFEU.
EU Courts’ Jurisdiction over and Review of Decisions Imposing Fines in EU Com...Michal
The aim of this article is to analyse the extent of judicial review exercised by the EU
courts over the European Commission’s decision imposing fines in EU competition law. When considering appeals against fines in competition law, the position of
the EU courts are limited to a review of imposed fines in respect of the European
Commission’s Guidelines instead of an exercise of a more comprehensive appellate
review. The review should not only be a control of legality but it has to be an unlimited
merits control. An appeal control should be directed to review fully the facts and to
control proportionality of the imposed fines. The article analyses also the question
of the protection of fundamental rights in the scope of the review over decisions
imposing fines. For that purpose, the article provides also a comparative analysis of
the selected judgments of the EU courts and the European Court of Human Rights.
Falcon stands out as a top-tier P2P Invoice Discounting platform in India, bridging esteemed blue-chip companies and eager investors. Our goal is to transform the investment landscape in India by establishing a comprehensive destination for borrowers and investors with diverse profiles and needs, all while minimizing risk. What sets Falcon apart is the elimination of intermediaries such as commercial banks and depository institutions, allowing investors to enjoy higher yields.
Implicitly or explicitly all competing businesses employ a strategy to select a mix
of marketing resources. Formulating such competitive strategies fundamentally
involves recognizing relationships between elements of the marketing mix (e.g.,
price and product quality), as well as assessing competitive and market conditions
(i.e., industry structure in the language of economics).
VAT Registration Outlined In UAE: Benefits and Requirementsuae taxgpt
Vat Registration is a legal obligation for businesses meeting the threshold requirement, helping companies avoid fines and ramifications. Contact now!
https://viralsocialtrends.com/vat-registration-outlined-in-uae/
Enterprise Excellence is Inclusive Excellence.pdfKaiNexus
Enterprise excellence and inclusive excellence are closely linked, and real-world challenges have shown that both are essential to the success of any organization. To achieve enterprise excellence, organizations must focus on improving their operations and processes while creating an inclusive environment that engages everyone. In this interactive session, the facilitator will highlight commonly established business practices and how they limit our ability to engage everyone every day. More importantly, though, participants will likely gain increased awareness of what we can do differently to maximize enterprise excellence through deliberate inclusion.
What is Enterprise Excellence?
Enterprise Excellence is a holistic approach that's aimed at achieving world-class performance across all aspects of the organization.
What might I learn?
A way to engage all in creating Inclusive Excellence. Lessons from the US military and their parallels to the story of Harry Potter. How belt systems and CI teams can destroy inclusive practices. How leadership language invites people to the party. There are three things leaders can do to engage everyone every day: maximizing psychological safety to create environments where folks learn, contribute, and challenge the status quo.
Who might benefit? Anyone and everyone leading folks from the shop floor to top floor.
Dr. William Harvey is a seasoned Operations Leader with extensive experience in chemical processing, manufacturing, and operations management. At Michelman, he currently oversees multiple sites, leading teams in strategic planning and coaching/practicing continuous improvement. William is set to start his eighth year of teaching at the University of Cincinnati where he teaches marketing, finance, and management. William holds various certifications in change management, quality, leadership, operational excellence, team building, and DiSC, among others.
[Note: This is a partial preview. To download this presentation, visit:
https://www.oeconsulting.com.sg/training-presentations]
Sustainability has become an increasingly critical topic as the world recognizes the need to protect our planet and its resources for future generations. Sustainability means meeting our current needs without compromising the ability of future generations to meet theirs. It involves long-term planning and consideration of the consequences of our actions. The goal is to create strategies that ensure the long-term viability of People, Planet, and Profit.
Leading companies such as Nike, Toyota, and Siemens are prioritizing sustainable innovation in their business models, setting an example for others to follow. In this Sustainability training presentation, you will learn key concepts, principles, and practices of sustainability applicable across industries. This training aims to create awareness and educate employees, senior executives, consultants, and other key stakeholders, including investors, policymakers, and supply chain partners, on the importance and implementation of sustainability.
LEARNING OBJECTIVES
1. Develop a comprehensive understanding of the fundamental principles and concepts that form the foundation of sustainability within corporate environments.
2. Explore the sustainability implementation model, focusing on effective measures and reporting strategies to track and communicate sustainability efforts.
3. Identify and define best practices and critical success factors essential for achieving sustainability goals within organizations.
CONTENTS
1. Introduction and Key Concepts of Sustainability
2. Principles and Practices of Sustainability
3. Measures and Reporting in Sustainability
4. Sustainability Implementation & Best Practices
To download the complete presentation, visit: https://www.oeconsulting.com.sg/training-presentations
Affordable Stationery Printing Services in Jaipur | Navpack n PrintNavpack & Print
Looking for professional printing services in Jaipur? Navpack n Print offers high-quality and affordable stationery printing for all your business needs. Stand out with custom stationery designs and fast turnaround times. Contact us today for a quote!
Putting the SPARK into Virtual Training.pptxCynthia Clay
This 60-minute webinar, sponsored by Adobe, was delivered for the Training Mag Network. It explored the five elements of SPARK: Storytelling, Purpose, Action, Relationships, and Kudos. Knowing how to tell a well-structured story is key to building long-term memory. Stating a clear purpose that doesn't take away from the discovery learning process is critical. Ensuring that people move from theory to practical application is imperative. Creating strong social learning is the key to commitment and engagement. Validating and affirming participants' comments is the way to create a positive learning environment.
RMD24 | Debunking the non-endemic revenue myth Marvin Vacquier Droop | First ...BBPMedia1
Marvin neemt je in deze presentatie mee in de voordelen van non-endemic advertising op retail media netwerken. Hij brengt ook de uitdagingen in beeld die de markt op dit moment heeft op het gebied van retail media voor niet-leveranciers.
Retail media wordt gezien als het nieuwe advertising-medium en ook mediabureaus richten massaal retail media-afdelingen op. Merken die niet in de betreffende winkel liggen staan ook nog niet in de rij om op de retail media netwerken te adverteren. Marvin belicht de uitdagingen die er zijn om echt aansluiting te vinden op die markt van non-endemic advertising.
Recruiting in the Digital Age: A Social Media MasterclassLuanWise
In this masterclass, presented at the Global HR Summit on 5th June 2024, Luan Wise explored the essential features of social media platforms that support talent acquisition, including LinkedIn, Facebook, Instagram, X (formerly Twitter) and TikTok.
The world of search engine optimization (SEO) is buzzing with discussions after Google confirmed that around 2,500 leaked internal documents related to its Search feature are indeed authentic. The revelation has sparked significant concerns within the SEO community. The leaked documents were initially reported by SEO experts Rand Fishkin and Mike King, igniting widespread analysis and discourse. For More Info:- https://news.arihantwebtech.com/search-disrupted-googles-leaked-documents-rock-the-seo-world/
Search Disrupted Google’s Leaked Documents Rock the SEO World.pdf
New Amendments Introduced to European Union Competition Law Due to the Expiration of Block Exemption Regulations Conference at Łazarski University. Report
1. CAEARBOOK F Peer-reviewedEscientificCeconomic
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STUDIES Centre for Antitrust and Regulatory Studies,
Creative Commons Attribution-No University of Warsaw, Faculty of Management
www.yars.wz.uw.edu.pl Derivative Works 3.0 Poland License. www.cars.wz.uw.edu.pl
New Amendments Introduced to European Union Competition Law
Due to the Expiration of Block Exemption Regulations
Conference at Łazarski University. Report.
On 7 June 2010, a conference under the title New Amendments Introduced to
European Union Competition Law Due to the Expiration of Block Exemption Regulations
took place at the Lazarski University in Warsaw.
The conference was opened by Professor Zbigniew Lasocik, the Dean of the Law
Faculty of the Lazarski University, who started his speech by introducing the University
and emphasizing the Faculty of Law’s aim to ensure high quality legal education.
During the conference, four panels addressed the following issues: 1) EU
competition law – reform and why? 2) Pricing strategies and self-compliance
procedures; 3) The economic approach to distribution law of the European Union –
myth or necessity? 4) The future of EU competition law in relation to the distribution
sector. The conference was attended by academics, private legal practitioners and
judges from Polish competition courts.
First session
The first panel presented the background of the reform introduced by Regulation
330/2010 and the actual state of play concerning different aspects of vertical
agreements. The session was chaired by Mr. Carlos Rapallo from Garrigues who
welcomed the speakers: Prof. Valentine Korah from the University College London,
Mr. Andrei Gurin from the European Commission and Ms. Małgorzata Kozak from
Lazarski University.
The preliminary remarks made by Ms. Kozak concerned the general overview of
Article 101(1) and (3) of Treaty on the Functioning of the European Union (TFEU).
The speaker emphasized the difficulties in the application of Article 101 TFUE to
vertical agreements including the questions surrounding the standard of proof in
‘vertical cases’. She outlined also the general legal basis of the EU block exemptions
system.
Prof. Valentine Korah gave a presentation on the retrospective analysis of vertical
agreements in the EU. She emphasized the necessity to introduce an economic
assessment, including efficiencies, into the approach of the European Commission’s
to vertical agreements and the resulting key policy change. She explained that the
assessments of the 1960s centered on a strict legal ex post analysis without taking into
VOL. 2011, 4(5)
2. 310 CONFERENCE REPORT
account issues such as incentives and investment costs. Early cases focused therefore
on exclusive distribution, single branding and export bans. The first block exemption
regulations were introduced in the 1980s and contained formalistic definitions.
The use of individual exemptions led at the same time to an overburdening of the
Commission’s sparse resources. The economic approach was introduced in the 1990s
when Klaus Dieter Ehlermann became director General of DG IV (now DG Comp).
This major policy shift was reflected in the new vertical block exemption issued in 1999
and the accompanying Commission Guidelines. This regulation became the model for
subsequent block exemptions. Prof. V. Korah concluded that the regulation of 1999
has worked well, and expressed the hope that the current revision would not change
much. Still, she considered that the justifications of the recent reform are less helpful
than those prepared in 2000.
As the next speaker, Mr. Andrei Gurin emphasized positive past experiences
associated with the vertical block exemption from the perspective of someone who
has worked on the preparation of Regulation 330/2010 and the accompanying
Guidelines. The objective of the reform was to update the effects-based approach
and not to revolutionize the system. Mr. Gurin analyzed the key change in the new
act – the introduction of a new condition concerning its applicability. Accordingly,
Regulation 330/2010 is applicable to vertical agreements where the threshold market
share of the buyers does not exceed of 30% with respect to the market where they
purchase the contract products from their suppliers. The speaker explained that this
new requirement is necessary in order to counterbalance the impact exercised on
vertical relations by powerful buyers. The new market-share threshold for buyers is
thus particularly beneficial to small and medium sized enterprises. Mr. Gurin stressed
also that Regulation 330/2010 does not fundamentally change the list of hardcore resale
restrictions. He referred to the US Legeen case that abolished the per se approach to
Resale Price Maintenance (hereafter, RPM) and emphasized that it is indeed possible
to show efficiencies even in a case of a hardcore restriction (by object). Mr. Gurin
proceeded to present the issue of Internet sales and noted that the new act was
meant to refine the notion of active and passive sales in the on-line environment. He
emphasized in this context that distributors should be free to have a website and engage
in Internet sales. During the closing discussion, Dr. Marta Sendrowicz commented on
the Polish Competition Authority’s policy to treat RPM as illegal per se.
Second session
The second panel was moderated by Mr. Jarosław Sroczyński from Markiewicz&
Sroczyński and concerned pricing strategies and self-compliance procedures.
Dr. Marta Sendrowicz from the University of Warsaw, Dr. Katarzyna Karasiewicz of
Sołtysiński, Kawecki, Szlęzak and Ms. Dorothy Hansberry-Bieguńska of Wardyński &
Partners discussed how a company’s distribution strategy must be prepared in order
to achieve compliance with competition law requirements especially with respect to
pricing policies.
YEARBOOK OF ANTITRUST AND REGULATORY STUDIES
3. New Amendments Introduced to European Union Competition Law Due… 311
Dr. Marta Sendrowicz spoke of competition compliance and pricing strategies.
She discussed the various factors relevant to competition compliance programmes.
The first issue she addressed was what competition law compliance actually is. She
referred to efficiencies and fairness defining the latter as taking the right choice in
objectively justifiable terms. She emphasized the role of lawyers in teaching their
clients to carry out their business fairly – to take justified business decisions based
on appropriate considerations. She stressed that there is no contradiction between
fairness and efficiencies. The second issue commented on by Dr. Sendrowicz was the
transparency in the policy pursued by competition law enforcement agencies. She
welcomed in this context the work of the European Commission in preparing new
enforcement guidelines. She referred also to the policy of the Polish Competition
Authority which still treats RPM as illegal per se without taking into consideration its
possible efficiencies.
Dr. Katarzyna Karasiewicz talked about in-house procedures and how to create
them. She emphasized the importance of transparency in the activities of competition
authorities. She continued on to discuss the role of internal competition compliance
audits and the methods of identifying the risks of potential non-compliance. She noted
the necessity to monitor the effectiveness of all compliance procedures including not
only those within the company but also those affecting its communication with its
contractors and competitors. Dr. Karasiewicz stressed that compliance procedures
must be in line with antitrust rules but also allow the company to do business
comfortably. Compliance programmes should use tools such as workshops and
seminars for their employees and managers which must be dedicated to particular
tasks performed within the company. Proper communication during dawn raids must
also be ensured. According to the speaker, good compliance programmers should not
be limited to antitrust lawyers but should cover all areas of legal expertise whereby
good implementation is the key to success here. Dr. Karasiewucz concluded that it is
ultimately better to prevent than to cure.
Ms. Dorothy Hansberry-Bieguńska talked about the recognition and avoidance of
competition restricting conduct within a company. She emphasized the importance
of pricing strategies pointing to the risks that high profit expectations could act as
an incentive for possible competition law violations. She noted that it is the role of
managers to monitor the situation in their companies. She analyzed also in what way
should mangers oversee the internal workings of their business in order to prevent any
illegal price information sharing,. Ms. Hansberry-Bieguńska pointed out finally that it
is possible in Poland to apply for leniency in vertical agreements also.
Third session
The third panel was moderated by Dr. Agata Jurkowska from the University of
Warsaw and concerned the economic approach to distribution law of the European
Union. Dr. Jurkowska-Gomułka emphasized in particular the necessity to use the
economic approach in the application of competition law.
VOL. 2011, 4(5)
4. 312 CONFERENCE REPORT
Mr. Maciej Fornalczyk from Comper Fornalczyk & Partners commented on the
meaning of the economic approach to competition law. He stressed that the new
vertical block exemption maintains the policy line introduced by its predecessor. He
concluded that the act does not leave any room for an economic analysis since the
30% threshold limits the scope of its application. The speaker pointed out that the
definition of the relevant market is the very first step of defining the existence of
market power. With reference to geographical markets, Mr. Fornalczyk identified the
price (including sales, transportation and implementation price) as a key factor for
the definition of a relevant market. He finished his presentation with the question
whether it is possible to apply the same analysis in vertical cases as in the assessment
of dominance. He ultimately concluded that Regulation 330/2010 does not leave much
space for an economic analysis, save the market definition stage, except for ‘the good-
old 101(3) TFUE analysis’, which is left’ outside the Regulation 330/2010.
Ms. Małgorzata Modzelewska de Raad from Wierzbowski Eversheds focused in
her speech on RPM pointing out that price competition is one of the most important
forms of competition. She posed the question whether it is really fair to outright ban
RPM and presented the history of the RPM prohibition. She continued on to name a
number of the positive aspects of RPM as well as some distribution systems where it
is justified. She also noted that despite the EU presumption of the illegality of RPM,
the latter is nevertheless subject to an efficiency analysis (albeit in a limited scope).
By contrast, RPM is subject to a presumption of illegality in Poland without efficiency
analysis. Ms. Modzelewska de Raad welcomed the increasing use of the economic
approach to RPM where an effects-based analysis is performed and consumer benefits
and technical/ distribution development assessed.
Mr. Jarosław Sroczynski of Markiewicz & Sroczynski proceeded to analyze
network distribution and the economic approach. He concentrated on the example
of a distribution system posing the question: ‘at which „melting” point will every
subsequent exclusive distribution agreement adversely affect competition?’ On the
basis of a practical example, he showed that an analysis without an economic approach
leads to an enigma. Mr Sroczyński referred to the Société Technique Minière (L.T.M.)
v. Maschinenbau Ulm GmbH case as providing key guidelines for the assessment of
anti-competitive effects in a vertical case.
Restrictions in Internet distribution were discussed by Dr. Bartosz Targański of
the Warsaw School of Economics and Salans. He commenced his presentation by
emphasizing how much does e-commerce benefit consumers. He pointed out also
however that consumer benefits can be costly for suppliers since additional competitive
pressure comes from distributors who do not participate in the costs of the upkeep
of a distribution network and promotional activities in a given area. He also noted
the discrepancy between the growth of domestic and cross border e-commerce and
analyzed the main obstacles to the latter as well as the new Commission Guidelines
of 2010. Dr. Targański posed the question whether the distinction between active and
passive sales make at all sense in the on-line environment. He then presented the
requirements that can be imposed on Internet distributors.
YEARBOOK OF ANTITRUST AND REGULATORY STUDIES
5. New Amendments Introduced to European Union Competition Law Due… 313
Fourth session
The future of EU competition law in relation to the distribution sector was
discussed in the panel moderated by Mr. Morvan Le Berre of Wardyński & Partners.
The panel included Mr. Andrei Gurin from the European Commission, Dr. Piotr
Milczarek of Clifford Chance and Mr. Maciej Gaca of Garrigues.
Mr. Maciej Gaca presented selected issues associated with the recent reform
from the perspective of a private legal practitioner. He posed the question whether
competition lawyers working on particular transactions should not be accompanied
by economists. He addressed three issues: on-line retailing, buyer power and RPM.
Mr. Gaca analyzed passive sales in on-line retailing from a practitioner’s point of
view. With respect to buyer power, he posed the question how to protect medium and
small suppliers. He emphasized also the need to consider the input of competition
economics in the application of competition law.
Mr. Andrei Gurin commented on Mr. Gaca’s remarks on Internet distribution. He
recalled the two major exceptions to the rule that resale restrictions are anti-competitive
by object, that is, exclusive and selective distribution. He addressed the proposition
that every Internet sale is in fact an active sale. In his opinion, websites for each
individual country must be specially prepared, advertised etc. and so the Commission
had to adapt the concept of active and passive sales to modern developments. Mr.
Gurin noted also that the issue of compliance costs was overestimated during the
public consultation procedure preceding the new vertical block exemption. He
considered that the majority of vertical agreements do not contain any competition
restraints therefore they do not engage any compliance costs.
Dr. Piotr Milczarek of Clifford Chance talked about the consultation procedure that
preceded the adoption of Regulation 330/2010 referring in particular to the observations
submitted specifically by law firms – 25 opinions in total. He emphasized that practitioners
emphasized therein the public interest and how important the clarity of the law is. He
noted that law firms commented most commonly on buyers’ market share threshold (22
opinions) and how it can be applied in practice. 9 opinions discussed online sales. He
emphasized the difference between the US and the EU. Mr. Milczarek talked also about
selective distribution and the modification of distribution. He emphasized the importance
of this change in the case of the pharmaceutical industry. He referred to the opinions
that concerned agency agreements and the third kind of risk included in the Guidelines.
He noted also that some of the opinions expressed in the consultation procedure dealt
with category management which could in some cases restrict competition. He concluded
that the reform constituted an evolution rather than a revolution.
The conference was closed by Judge Jerzy Stępień of the Lazarski University.
He thanked all participants for the interesting discussion. He also emphasized the
importance of the topic.
Dr. Małgorzata Kozak
Lazarski University, Warsaw
VOL. 2011, 4(5)