Browsing by Author "Molski, Rajmund"

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    Antykonkurencyjne innowacje – oksymoron czy realne wyzwanie prawa antymonopolowego?
    (Wydawnictwo Naukowe UAM, 2017) Molski, Rajmund
    One of the overriding principles of modern economic policy is promotion of innovation. It also turns out, however, that innovations may work against competition, thus becoming a major challenge for antitrust law. The importance and the degree of diffi culty surrounding this challenge as well as some controversies related to it can be evidenced by the antitrust enforcement policy referring to innovations. This policy has thus far been highly enigmatic and labile. It seems that no consensus can be reached on the relation between competition and innovations as much as it cannot be achieved on the validity of including the latter in the antitrust enforcement regime, particularly when it comes to applying the prohibition of the abuse of a dominant position. While it is true that innovations compound the risk of antitrust errors, especially those consisting in de-legalisation of innovations which are not anticompetitive, it would nevertheless be wrong to underestimate, and even more so to ignore, the risk of errors amounting to an unjustifi ed tolerance of anticompetitive innovations and an overstated belief in the self-regulatory ability of the market. In any case, considering the priority objective of the economic policy which should be to support and promote innovations, as well as taking into account that the goal of antitrust law is not only to settle real confl icts arising between innovations and the protection of competition, but also to provide for an innovation-friendly environment, the antitrust intervention into innovations should be sensible, farsighted and predictable. Otherwise, antitrust law may become a burden for the actual and potential innovators – like the mythical sword above the head of Damocles.
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    EKSTERYTORIALNE STOSOWANIE PRAWA OCHRONY KONKURENCJI
    (Wydział Prawa i Administracji UAM, 2002) Molski, Rajmund
    The practice of extraterritorial law enforcement in the era of globalisation is becoming more and more frequent and is invariably accompanied by controversy. This practice is often perceived as a threat to the national interest or even a violation of a given country’s sovereignty. Initially, any form of national law enforcement abroad was treated as an act of inadmissible violation of the other nation’s independence. Nowadays, the idea o f extraterritorialism is relatively broadly accepted or at least tolerated, although any acts of aggressive abuse o f this legal construct is inevitably met with fierce opposition and concern. The article covers the methods of extraterritorial application of competition law in America, the European Union, and Poland.
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    KARTELE EKSPORTOWE W ŚWIETLE PRAWA OCHRONY KONKURENCJI
    (Wydział Prawa i Administracji UAM, 2003) Molski, Rajmund
    The term export cartels denotes agreements between companies operating in the same industry which aim at restricting (or even eliminating) mutual competition in export of the goods (or services) offered on one or more foreign markets. Such dealings are coordinated between independent companies and replace their unconstrained decisions on export of goods or services to foreign markets with an arrangements on prices, production volume or other business parameters. Not all cooperation agreements between exporters can be deemed to involve export cartel definition. Furthermore, not all export cartels are detrimental per se or even from the standpoint of importing country. Increased productivity and competition-friendly impact on the export in the source country may also prove beneficial for the consumers of the importing country. This is notably true of the cartels of innovative character that aim at research and development cooperation (R&D cartels). However some forms of cartelizing, both domestic and exporting, bring about particularly negative consequences for the operation of markets (the so-called „hardcore cartels”). The paper examines different forms of the various cartels, presents their typology and analyzes their activities worldwide, providing examples of their operations on the world market. It also explains the rationale behind their establishment and consequences of their operation from the standpoint of competition regulations.