Marek Martyniszyn

Queen's University Belfast - School of Law

Senior Lecturer (Associate Professor)

Main Site Tower

Belfast, Northern Ireland BT7 1NN

United Kingdom

http://go.qub.ac.uk/Martyniszyn

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SCHOLARLY PAPERS

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11

Scholarly Papers (21)

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1.

A Comparative Look on Foreign State Compulsion as a Defence in Antitrust Litigation

Competition Law Review, Vol. 8, Issue 2, 143-167, 2012, UCD Working Papers in Law, Criminology and Socio-Legal Studies Research Paper No. 01/2012
Number of pages: 25 Posted: 16 Jan 2012 Last Revised: 20 Jul 2012
Marek Martyniszyn
Queen's University Belfast - School of Law
Downloads 589 (46,635)

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Antitrust litigation, antitrust defences, state-related defences, avoidance techniques, foreign state compulsion, state action doctrine, Parker doctrine, state compulsion, Chinese export cartels, competition law

2.

Leniency (Amnesty) Plus: A Building Block or a Trojan Horse?

3(2) Journal of Antitrust Enforcement 391-407 (2015), Queen's University Belfast Law Research Paper No. 10
Number of pages: 18 Posted: 25 Sep 2014 Last Revised: 02 Nov 2015
Marek Martyniszyn
Queen's University Belfast - School of Law
Downloads 552 (50,612)
Citation 1

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leniency, leniency plus, amnesty, immunity plus, bonus plus, antitrust law, self-reporting, competition law, deterrence, cartels, whistleblowers, enforcement, horizontal agreements, penalty plus, omnibus question

3.

Avoidance Techniques: State Related Defences in International Antitrust Cases

UCD Working Papers in Law, Criminology & Socio-Legal Studies Research Paper No. 46/2011, CCP Working Paper No. 11-2
Number of pages: 95 Posted: 14 Mar 2011 Last Revised: 21 Feb 2012
Marek Martyniszyn
Queen's University Belfast - School of Law
Downloads 396 (76,204)

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antitrust, competition law, cartels, export cartels, avoidance techniques, non-justiciability, political question, state immunity, act of state, state action, sovereign compulsion, state compulsion, extraterritorial jurisdiction, extraterritoriality

4.

Inter-Agency Evidence Sharing in Competition Law Enforcement

19(1) International Journal of Evidence and Proof 11 (2015)
Number of pages: 30 Posted: 14 May 2014 Last Revised: 27 Jan 2015
Marek Martyniszyn
Queen's University Belfast - School of Law
Downloads 377 (80,589)

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competition law enforcement, antitrust law enforcement, transnational enforcement, cooperation agreements, inter-agency cooperation, Mutual Legal Assistance Treaties, MLAT, information gateways, extraterritoriality, evidence in competition cases, confidential information

5.

Legislation Blocking Antitrust Investigations and the September 2012 Russian Executive Order

37(1) World Competition 103 (2014)
Number of pages: 13 Posted: 24 Feb 2014
Marek Martyniszyn
Queen's University Belfast - School of Law
Downloads 362 (84,538)

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blocking legislation; blocking statutes; competition law; antitrust; extraterritoriality; extraterritorial jurisdiction; Gazprom; abuse of dominant position; European Commission; geopolitics

6.

Export Cartels: Is it Legal to Target Your Neighbour? Analysis in Light of Recent Case Law

Journal of International Economic Law, Vol. 15, No. 1, pp. 181-222, 2012
Number of pages: 47 Posted: 28 Feb 2012 Last Revised: 24 Mar 2014
Marek Martyniszyn
Queen's University Belfast - School of Law
Downloads 315 (98,837)

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Cartels, Export Cartels, Antitrust, Competition Policy, Competition Law, International Trade, WTO, Webb-Pomerene Act, Extraterritoriality, ANSAC

7.

Foreign State's Entanglement in Anticompetitive Conduct

40(2) World Competition 299 (2017)
Number of pages: 19 Posted: 14 Feb 2018
Marek Martyniszyn
Queen's University Belfast - School of Law
Downloads 267 (118,014)

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Antitrust Law; Antitrust Litigation; Foreign State Compulsion; State Compulsion; Chinese Export Cartels; Competition Law; Blocking Legislation; Blocking Statutes; Blocking Legislation; Competition Law; Antitrust; Extraterritoriality; Extraterritorial Jurisdiction; OPEC; FTAIA

8.

On Extraterritoriality and the Gazprom Case

37(6) European Competition Law Review 291
Number of pages: 8 Posted: 28 Jul 2015
Marek Martyniszyn
Queen's University Belfast - School of Law
Downloads 267 (118,014)

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extraterritorial jurisdiction; extraterritoriality; effects doctrine; Gazprom; implementation test; blocking statute

9.

Japanese Approaches to Extraterritoriality in Competition Law

66(3) International and Comparative Law Quarterly 747 (2017), Queen's University Belfast Law Research Paper No. 2019-10
Number of pages: 17 Posted: 14 Feb 2018 Last Revised: 02 Apr 2019
Marek Martyniszyn
Queen's University Belfast - School of Law
Downloads 253 (124,835)

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Antitrust Law, Competition Law, Extraterritorial Jurisdiction, Extraterritoriality, Effects Doctrine, Anti-Monopoly Act, Japan

10.

How High (and Far) Can You Go? On Setting Fines in Cartel Cases Involving Vertically-Integrated Undertakings and Foreign Sales

37(3) European Competition Law Review 99-107 (2016), Queen's University Belfast Law Research Paper No. 09
Number of pages: 15 Posted: 08 Mar 2016 Last Revised: 16 Sep 2016
Marek Martyniszyn
Queen's University Belfast - School of Law
Downloads 243 (130,095)

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antitrust, competition law, fines, law enforcement, cartels, penalties, intra-group sales, captive sales, extraterritorial, extraterritoriality

11.

Discovery and Evidence in Transnational Antitrust Cases: Current Framework and the Way Forward

Number of pages: 47 Posted: 07 Sep 2012
Marek Martyniszyn
Queen's University Belfast - School of Law
Downloads 188 (165,934)

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Transnational litigation, international judicial assistance, antitrust, access to evidence, discovery, extraterritorial, letters rogatory, letters of request, Hague Evidence Convention, inter-agency cooperation, confidential information, MLATs, Multilateral Legal Assistance Treaties, IAEAA

12.

Foreign States’ Amicus Curiae Participation in U.S. Antitrust Cases

61(4) Antitrust Bulletin 611 (2016), Queen's University Belfast Law Research Paper No. 2871499
Number of pages: 41 Posted: 18 Nov 2016 Last Revised: 23 Nov 2017
Marek Martyniszyn
Queen's University Belfast - School of Law
Downloads 166 (185,272)

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antitrust, competition law, amicus curiae, deference, extraterritorial jurisdiction, foreign commerce

13.

Implementing a Competition Law System—Three Decades of Polish Experience

Forthcoming, The Journal of Antitrust Enforcement
Number of pages: 61 Posted: 30 May 2019 Last Revised: 17 Jul 2019
Marek Martyniszyn and Maciej Bernatt
Queen's University Belfast - School of Law and University of Warsaw, Faculty of Management
Downloads 149 (202,935)

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competition law, antitrust, competition law institutions, legal institutions, institutional design, enforcement, competition advocacy, courts, economic development, developing country, Poland

14.

The EU-Russia Relationship and the EU Energy Union: From Dependence and Vulnerability Towards Competition and a Free Flow

Forthcoming in DELIVERING ENERGY LAW AND POLICY IN THE EU AND THE US: A READER (Raphael J. Heffron & Gavin Little, eds., Edinburgh University Press), Queen's University Belfast Law Research Paper No. 11
Number of pages: 5 Posted: 25 May 2015 Last Revised: 27 Aug 2015
Marek Martyniszyn
Queen's University Belfast - School of Law
Downloads 127 (230,603)

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EU Energy Union; geopolitics; Gazprom; competiton law; co-dependence; Energy Policy; third energy package; supply diversification; security of supply

15.

Due Process in EU Competition Proceedings

Daniel D Sokol and Andrew T Guzman (eds), Antitrust Procedural Fairness (Oxford University Press, 2019).
Number of pages: 19 Posted: 27 Jul 2019
Marek Martyniszyn
Queen's University Belfast - School of Law
Downloads 117 (245,117)

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antitrust, competition law, European Union, EU, due process, transparency, procedural fairness, legal representation, access to file, professional privilege, hearing officer, commitments, Judicial Review

16.

The Polish Competition Authority Submits a Draft Amendment to the Polish Competition Act: Revolution or Fine-Tuning?

e-Competitions, N°50563, February 2013
Number of pages: 6 Posted: 31 Jan 2013
Marek Martyniszyn and Maciej Bernatt
Queen's University Belfast - School of Law and University of Warsaw, Faculty of Management
Downloads 110 (256,192)

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Competition Law, Competition Policy

17.

Mapping the (New) Limits of Antitrust

33 Northwestern Journal of International Law and Business 1A (2013), Loyola University Chicago School of Law Research Paper No. 2013-009
Number of pages: 6 Posted: 20 Feb 2013
Marek Martyniszyn
Queen's University Belfast - School of Law
Downloads 108 (259,388)

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competition law, antitrust

18.

Editorial - Both Sides Now

Competition Law Review, Vol. 8, Issue 3, 217-221, 2012
Number of pages: 6 Posted: 01 Apr 2013 Last Revised: 11 May 2013
Stephen Calkins and Marek Martyniszyn
Wayne State University Law School and Queen's University Belfast - School of Law
Downloads 104 (266,348)

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competition law, antitrust law, law and economics, comparative law

19.

The Irish High Court Issues its First Order on a Commitment Agreement between the NCA and an Undertaking (FitFlop)

e-Competitions, N°51262, April 2013
Number of pages: 5 Posted: 28 Mar 2013
Marek Martyniszyn and Anna Louise Hinds
Queen's University Belfast - School of Law and National University of Ireland, Galway (NUIG) - School of Law
Downloads 79 (317,188)

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Irish Competition Law, commitment agreements, settlements

20.

On Convergence with Hiccups. Recent Amendments to Poland's Competition Law

36(1) European Competition Law Review 8, Queen's University Belfast Law Research Paper No. 04
Number of pages: 11 Posted: 28 Jan 2015 Last Revised: 24 Apr 2015
Marek Martyniszyn and Maciej Bernatt
Queen's University Belfast - School of Law and University of Warsaw, Faculty of Management
Downloads 77 (321,911)
Citation 1

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Competition law, Poland, Procedures, Settlement, Sanctions, Fines, Leniency, Leniency plus, Criminal sanctions, Reform, Inspection Powers

21.

The Polish Competition Authority Publishes its Annual Report for 2012

National Competition Laws Bulletin, 'e-Competitions', No.53114, July 2013-I
Number of pages: 7 Posted: 01 Aug 2013
Marek Martyniszyn and Maciej Bernatt
Queen's University Belfast - School of Law and University of Warsaw, Faculty of Management
Downloads 72 (334,471)

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Competition Law, Competition Policy, Antitrust Enforcement, Leniency, Competition Advocacy