8. Horizontal and vertical agreements

Author(s):  
Ariel Ezrachi

‘Horizontal and vertical agreements’ explores the application of US and EU competition laws to horizontal and vertical agreements. Horizontal collaborations and agreements take place between companies at the same level of manufacturing, distribution, or retail. A horizontal cooperation agreement may include restrictions on companies’ freedom to compete on their operation, or may include provisions which facilitate exchange of sensitive information. It is worth considering information exchange agreements. Meanwhile, vertical agreements are agreements between companies operating at different levels of the production or distribution chain. Exclusive distribution agreements and most-favoured-nation clauses (MFN) illustrate the possible anti-competitive effects of vertical agreements.

Author(s):  
Roel During ◽  
Marcel Pleijte ◽  
Rosalie I. van Dam ◽  
Irini E. Salverda

Open data and citizen-led initiatives can be both friends and foes. Where it is available and ‘open', official data not only encourages increased public participation but can also generate the production and scrutiny of new material, potentially of benefit to the original provider and others, official or otherwise. In this way, official open data can be seen to improve democracy or, more accurately, the so-called ‘participative democracy'. On the other hand, the public is not always eager to share their personal information in the most open ways. Private and sometimes sensitive information however is required to initiate projects of societal benefit in difficult times. Many citizens appear content to channel personal information exchange via social media instead of putting it on public web sites. The perceived benefits from sharing and complete openness do not outweigh any disadvantages or fear of regulation. This is caused by various sources of contingency, such as the different appeals on citizens, construed in discourses on the participation society and the representative democracy, calling for social openness in the first and privacy protection in the latter. Moreover, the discourse on open data is an economic argument fighting the rules of privacy instead of the promotion of open data as one of the prerequisites for social action. Civil servants acknowledge that access to open data via all sorts of apps could contribute to the mushrooming of public initiatives, but are reluctant to release person-related sensitive information. The authors will describe and discuss this dilemma in the context of some recent case studies from the Netherlands concerning governmental programmes on open data and citizens' initiatives, to highlight both the governance constraints and uncertainties as well as citizens' concerns on data access and data sharing. It will be shown that openness has a different meaning and understanding in the participation society and representative democracy: i.e. the tension surrounding the sharing of private social information versus transparency. Looking from both sides at openness reveals double contingency: understanding and intentions on this openness invokes mutual enforcing uncertainties. This double contingency hampers citizens' eagerness to participate. The paper will conclude with a practical recommendation for improving data governance.


2019 ◽  
Vol 64 (4) ◽  
pp. 729-755
Author(s):  
Brandon J. Kinne

The academic study of defense cooperation focuses heavily on formal military alliances. Yet, governments rarely sign new alliances, and the global alliance structure has remained relatively static for decades. By contrast, governments are increasingly active in defense cooperation agreements (DCAs). These bilateral framework treaties institutionalize their signatories’ day-to-day defense relations, facilitating such wide-ranging activities as defense policy coordination, joint research and development, weapons production and arms trade, joint military exercises, training and exchange programs, peacekeeping, and information exchange. Nearly 2,000 DCAs have been signed since 1980. Preliminary evidence suggests that DCAs impact numerous security, military, and defense outcomes and that governments increasingly incorporate DCAs as core elements of their security strategies. This article introduces the new DCA Dataset (DCAD). I provide a brief historical background on DCAs and compare them to other commonly studied forms of defense cooperation. I then explain coding standards and describe the data set in detail. Finally, I illustrate applications of DCAD to militarized interstate disputes and arms trade.


2019 ◽  
Vol 64 ◽  
pp. 253-314 ◽  
Author(s):  
Bernardo Cuenca Grau ◽  
Egor V. Kostylev

The widespread adoption of the Linked Data paradigm has been driven by the increasing demand for information exchange between organisations, as well as by regulations in domains such as health care and governance that require certain data to be published. In this setting, sensitive information is at high risk of disclosure since published data can be often seamlessly linkedwith arbitrary external data sources.In this paper we lay the logical foundations of anonymisation in the context of Linked Data. We consider anonymisations of RDF graphs (and, more generally, relational datasets with labelled nulls) and define notions of policy-compliant and linkage-safe anonymisations. Policy compliance ensures that an anonymised dataset does not reveal any sensitive information as specified by a policy query. Linkage safety ensures that an anonymised dataset remains compliant even if it is linked to (possibly unknown) external datasets available on the Web, thus providing provable protection guarantees against data linkage attacks. We establish the computational complexity of the underpinning decision problems both under the open-world semantics inherent to RDF and under the assumption that an attacker has complete, closed-world knowledge over some parts of the original data.


Due to rapid development of internet and web applications, the prominence and the importance of the information exchange using the internet is growing. Communication through internet faces data safety as an important issue. Data has to be safe when communicating as slightly loss or danger to transmitted data can be responsible for excessive harm to the society. For network safety encryption plays a vibrant part. Many times it is little bit confusing to choose best encryption, as there are many cryptography methods for securing the data during transmission. For many applications Blowfish is currently assumed to be insecure. So it turns out to be essential to enhance this procedure through addition of different levels of safety so that it can be used in several reliable communication channels. Blowfish algorithm is modified in a way that it is platform independent; however the present encryption schemes are restricted to platform dependent proposal. This proposed modified blowfish algorithm supports text, images and media files.


2019 ◽  
Vol 7 (2) ◽  
pp. 170-179
Author(s):  
Ahmed El-Ghrory ◽  
Md. Nor Hayati Bin Tahir ◽  
Norain Binti Ismail

Purpose of the study: The objective of this research is to develop a framework for managing the claim document. The contractual and management issues will be considered in this framework to enhance the Claims Management System (CMS). The framework includes the mechanism of claim submission based on the clauses and procedures of Fédération Internationale Des Ingénieurs Conseils (FIDIC, 2017). Methodology: Qualitative methodology has been selected for this paper as the topic requires a collection of sensitive information from an experienced professional. The proposed Claims Management (CM) framework is developed on the basis of a study conducted to rank the feature required for CMS. This study has been conducted among 43 experts in CM field working on contractor firm’s category A. Then, the framework was verified by seven experts who participated in the first study. Main Findings: Eleven features were required for CMS that can enhance contractor claim submission. These factors have different levels of importance. The top three factors are Tracking Claim Status (99.5%), Supporting all types of documents (96.3%), and having a Centralized Database (93.0%). Based on these features, the proposed framework was developed to improve contractor claim submission. Applications of this study: Applying the proposed framework reduces human efforts in getting documents related to claims by its systematic recording, transparency, reminder feature, contractual guide, user friendliness, and other features of the system. Moreover, it provides the contractual support pursuant to FIDIC 2017 clauses. Novelty/Originality of this study: The framework will improve contractor claim submission and the contractor will be satisfied by claim resolution and engineer determination. Side by side, the framework will save about 50% of time consumed (d is missing) by the claims analysts that is usually spent in collecting, screening, and identifying information related to claim event in the project’s documentation.


Forests ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 167
Author(s):  
Stella Britwum Acquah ◽  
Peter L. Marshall

Research Highlights: We investigated the competitive interactions among three tree species (interior Douglas-fir (Pseudotsuga menziesii var. glauca (Beissn.) Franco), interior spruce (Picea glauca [Moench] Voss × Picea engelmannii Engelm.), and lodgepole pine (Pinus contorta Dougl. Ex Loud. var. latifolia Englem.)) in multi-aged stands in central British Columbia, Canada. Background and Objectives: Understanding competitive interactions among tree species in mixed-species stands is fundamental to supporting silvicultural decision-making in such stands. Using the periodic annual basal area increment for single trees as our dependent variable, we investigated whether neighboring trees competed with subject trees independently of species identity. We also examined the differences in single-tree basal area growth among the three conifer species over time under different levels of competition. Materials and Methods: We developed several spatially explicit, single-tree basal area growth models for interior Douglas-fir, interior spruce, and lodgepole pine using data from 16 plots in two blocks of a long-term study (five measurements over a 21-year period) on the response to pre-commercial thinning. We compared these equations to assess whether intraspecific or interspecific competition predominated. We also examined the differences in basal area growth among the three conifer species over time under different levels of competition. Results: We found asymmetrical relationships between the conifer trees and their neighbors for all species, indicating that the main driver limiting growth in these stands is aboveground competition for light. There was evidence of higher intraspecific competition for small (<10.0 cm DBH) interior Douglas-fir in one block. However, there was no general pattern among larger subject trees with respect to the identity of neighborhood competitive effects and the equivalence of neighbors. We observed a higher level of basal area growth over time for interior Douglas-fir than for lodgepole pine and interior spruce, irrespective of the competition intensity and, not surprisingly, the growth rate declined with increasing competition levels for the three species. Conclusions: Our results provide an understanding of how interior Douglas-fir stands will develop over time and information on species interactions that could help forest managers explore different silvicultural options and their effects on individual tree growth in these complex stands.


Author(s):  
Md Tarique Jamal Ansari ◽  
Dhirendra Pandey

Big data has the potential to transform healthcare systems for the prevention and treatment of HIV/AIDS by providing analytic tools that are capable of handling huge and different types of data at very fast speeds. Big data's transformative potential is also introverted by privacy and security requirements for HIV/AIDS patients' sensitive data that restrict health information exchange. Electronic health records provide the opportunity for HIV/AIDS patients to receive improved coordinated care from healthcare providers and easier access to their health information. This chapter discusses the various legal frameworks governing health information, dispels misconceptions about privacy regulations, and highlights how these legal frameworks provide privacy, confidentiality, and security to this sensitive information, and shows how EHRs can maximize the utility of big data to improve HIV/AIDS prevention and treatment.


Author(s):  
Mohini Singh

Ensuring security for e-business information exchange is essential as it entails exchange of sensitive information. E-business transactions entail transfer of funds with buyers, sellers and business partners. Vulnerabilities and security incidents in the digital environment require an understanding of technology issues and security challenges for privacy and trust in an online environment. Technological developments over the past few years have made significant contributions to securing the Internet for e-business. This chapter is a discussion of managing security in an e-business organization. It illustrates the differences in security policies for traditional businesses and online businesses, introduces basic security concepts, provides an understanding of security incidents in e-business and briefly explains some basic security tools. More importantly the chapter highlights e-business security management by highlighting the need for organization-based security policies, procedures and practices. Trust and privacy issues in e-business have been addressed by highlighting the need for effective management of security in e-business.


Author(s):  
Richard Whish ◽  
David Bailey

This chapter discusses horizontal cooperation agreements between competitors. There may be circumstances in which competitors cooperate with one another in a way that delivers economic benefits, not just for themselves but for consumer welfare as well. After a discussion of joint ventures, the chapter discusses the application of Article 101 to horizontal cooperation agreements. It refers, in particular, to the European Commission’s Guidelines on Horizontal Cooperation Agreements and discusses, in turn, information exchange, research and development agreements, production agreements, purchasing agreements, commercialisation agreements, standardisation agreements and other cases of permissible horizontal cooperation. It concludes with a brief look at the treatment of horizontal cooperation agreements under UK competition law.


2013 ◽  
Vol 816-817 ◽  
pp. 749-752
Author(s):  
Ke Wang Li ◽  
Qiang Li ◽  
Xing Hua Niu ◽  
Zhen Tao Zhang

This paper introduces an industrial pump CAPP system which is based on feature modeling development and object-oriented technology. Establishing product expression of the characteristics at different levels; discussing the implementation of an object-oriented mechanism, expression of characteristics and design method; achieving the information exchange of system between the characteristics object models and database.


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