16. Vertical agreements

2021 ◽  
pp. 648-714
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Distribution Function ◽  
Vertical Integration ◽  
Competition Policy ◽  
Motor Vehicle ◽  
Modern Economy ◽  
Different Types ◽  
The Individual ◽  
The Uk ◽  
Block Exemption

This chapter examines the application of Article 101 TFEU and the Chapter I prohibition in the UK Competition Act 1998 to distribution agreements. The chapter begins with a discussion of distribution chains in the modern economy, looking at the various ways in which producers market their goods or services to consumers; these have been enormously enhanced by the emergence of the digital economy. This is followed by sections on how the law applies to producers carrying on their own distribution function (‘vertical integration’), commercial agency and vertical sub-contracting relationships. It discusses the competition policy considerations raised by distribution agreements, and explains the application of Article 101 to various different types of distribution agreements. This is followed by a section on the provisions of Regulation 330/2010, the block exemption for distribution agreements, and the individual application of Article 101(3) to distribution agreements. The chapter then contains sections on Regulation 461/2010 on motor vehicle distribution. Finally, it deals with the application of the Chapter I prohibition in the UK Competition Act 1998 to distribution agreements.

16. Vertical agreements

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Policy ◽  
Motor Vehicle ◽  
Case Law ◽  
Vertical Restraints ◽  
Online Commerce ◽  
Distribution Chain ◽  
The Uk ◽  
Block Exemption ◽  
The Eu

This chapter examines the application of Article 101 TFEU and the Chapter I prohibition in the UK Competition Act 1998 to vertical agreements. The chapter begins by briefly describing the distribution chain, followed by sections on how the law applies to vertical integration and agency agreements. It discusses the competition policy considerations raised by vertical agreements, including the challenges presented by the emergence of online commerce. It explains the application of Article 101 to various vertical agreements while considering the case law of the EU Courts and the position of the Commission in its Guidelines on Vertical Restraints. The chapter goes on to discuss the provisions of Regulation 330/2010, the block exemption for vertical agreements; and the application of Article 101(3) to vertical agreements. The chapter then contains sections on Regulation 461/2010 on motor vehicle distribution and on sub-contracting agreements. Finally, it looks at the position in UK law.

scholarly journals The Regulatory Welfare State in Pension Markets: Mitigating High Charges for Low-Income Savers in the United Kingdom and Israel

2016 ◽  
Vol 46 (2) ◽  
pp. 313-330 ◽  
Author(s):  
AVISHAI BENISH ◽  
HANAN HABER ◽  
ROTEM ELIAHOU
Keyword(s):  
Welfare State ◽  
Low Income ◽  
Social Protection ◽  
Low Cost ◽  
Analytical Framework ◽  
The United Kingdom ◽  
Different Types ◽  
The Individual ◽  
The Uk ◽  
High Level

AbstractHow does the rising ‘regulatory welfare state’ address social policy concerns in pension markets? This study examines this question by comparing the regulatory responses to high charges paid by low-income workers in pension markets in the UK and Israel. In the UK, with the recognition that the market would not cater to low-income workers, the regulatory response was the creation of a publicly operated low-cost pension fund (NEST), a ‘public option’ within the market. This allowed low-income workers access to a low level of charges, previously reserved for high-income and organised workers. In Israel, regulation sought to empower consumers, while providing minimal social protection by capping pension charges at a relatively high level, thereby leaving most of the responsibility for reducing the charges with the individual saver. By comparing these two cases, the article develops an analytical framework for the study of the regulatory welfare state, making two contributions. First, it highlights different types of regulatory citizenship: minimal regulatory social protection as opposed to a more egalitarian approach. Second, it identifies an overlooked regulatory welfare state strategy: creating ‘public option’ arrangements, whereby a state-run (but not funded) service operates within the market.

scholarly journals On the Accuracy of Group Credences

2019 ◽  
pp. 137-160 ◽  
Author(s):  
Richard Pettigrew
Keyword(s):  
Scientific Community ◽  
Weighted Average ◽  
The European Union ◽  
Sea Levels ◽  
Judgement Aggregation ◽  
Linear Pooling ◽  
The Individual ◽  
The Uk ◽  
Aggregation Principle

We often ask for the opinion of a group of individuals. How strongly does the scientific community believe that the rate at which sea levels are rising has increased over the last 200 years? How likely does the UK Treasury think it is that there will be a recession if the country leaves the European Union? What are these group credences that such questions request? And how do they relate to the individual credences assigned by the members of the particular group in question? According to the credal judgement aggregation principle, linear pooling, the credence function of a group should be a weighted average or linear pool of the credence functions of the individuals in the group. In this chapter, I give an argument for linear pooling based on considerations of accuracy. And I respond to two standard objections to the aggregation principle.

Competition Policy and Price Fixing

2013 ◽  
Author(s):  
Louis Kaplow
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
Direct Approach ◽  
Social Harm ◽  
Systematic Analysis ◽  
Oligopoly Theory ◽  
Different Types ◽  
Error Costs ◽  
Benefits And Costs ◽  
Desirable Behavior

Throughout the world, the rule against price fixing is competition law's most important and least controversial prohibition. Yet there is far less consensus than meets the eye on what constitutes price fixing, and prevalent understandings conflict with the teachings of oligopoly theory that supposedly underlie modern competition policy. This book offers a fresh, in-depth exploration of competition law's horizontal agreement requirement, presents a systematic analysis of how best to address the problem of coordinated oligopolistic price elevation, and compares the resulting direct approach to the orthodox prohibition. The book elaborates the relevant benefits and costs of potential solutions, investigates how coordinated price elevation is best detected in light of the error costs associated with different types of proof, and examines appropriate sanctions. Existing literature devotes remarkably little attention to these key subjects and instead concerns itself with limiting penalties to certain sorts of interfirm communications. Challenging conventional wisdom, the book shows how this circumscribed view is less well grounded in the statutes, principles, and precedents of competition law than is a more direct, functional proscription. More important, by comparison to the communications-based prohibition, the book explains how the direct approach targets situations that involve both greater social harm and less risk of chilling desirable behavior—and is also easier to apply.

Sisterhood and After

2019 ◽  
Author(s):  
Margaretta Jolly
Keyword(s):  
Oral History ◽  
Women's Liberation ◽  
Equal Rights ◽  
Collective Memories ◽  
Women’S Liberation ◽  
Two Generations ◽  
Personal Accounts ◽  
The Individual ◽  
The Uk ◽  
Cultural Taste

This ground-breaking history of the UK Women’s Liberation Movement explores the individual and collective memories of women at its heart. Spanning at least two generations and four nations, and moving through the tumultuous decades from the 1970s to the present, the narrative is powered by feminist oral history, notably the British Library’s Sisterhood and After: The Women’s Liberation Oral History Project. The book mines these precious archives to bring fresh insight into the lives of activists and the campaigns and ideas they mobilised. It navigates still-contested questions of class, race, violence, and upbringing—as well as the intimacies, sexualities and passions that helped fire women’s liberation—and shows why many feminists still regard notions of ‘equality’ or even ‘equal rights’ as insufficient. It casts new light on iconic campaigns and actions in what is sometimes simplified as feminism’s ‘second wave’, and enlivens a narrative too easily framed by ideological abstraction with candid, insightful, sometimes painful personal accounts of national and less well-known women activists. They describe lives shaped not only by structures of race, class, gender, sexuality and physical ability, but by education, age, love and cultural taste. At the same time, they offer extraordinary insights into feminist lifestyles and domestic pleasures, and the crossovers and conflicts between feminists. The work draws on oral history’s strength as creative method, as seen with its conclusion, where readers are urged to enter the archives of feminist memory and use what they find there to shape their own political futures.

Barriers to Entry and Implications for Competition Policy

2018 ◽  
Author(s):  
Simon Roberts
Keyword(s):  
South African ◽  
Vertical Integration ◽  
Competition Policy ◽  
Economies Of Scale ◽  
Productive Capacity ◽  
Barriers To Entry ◽  
Access To Finance ◽  
African Context ◽  
Regulatory Barriers ◽  
Consumer Switching

Competition requires rivals. While this rivalry may come from imports, the development of local capabilities and productive capacity for rivalry, including by black industrialists in the South African context, means understanding the barriers to entry that local producers must overcome. Barriers to entry are also critical for the correct balance between the risks of over- and under-enforcement and are one reason why it has been recommended that countries should adopt different standards for competition evaluation. This chapter draws on studies of barriers to entry in different markets in South Africa to consider the nature and extent of these barriers and the implications for competition policy. It highlights issues related to regulatory barriers, consumer switching costs and branding, routes to market, and vertical integration, as well as economies of scale and access to finance.

Punk as Folk: Continuities and Tensions in the UK and Beyond

2020 ◽  
Author(s):  
Pete Dale
Keyword(s):  
Folk Music ◽  
Music Making ◽  
Collective Creativity ◽  
Living Tradition ◽  
Wide Range ◽  
The Us ◽  
The Common ◽  
The Individual ◽  
The Uk

Numerous claims have been made by a wide range of commentators that punk is somehow “a folk music” of some kind. Doubtless there are several continuities. Indeed, both tend to encourage amateur music-making, both often have affiliations with the Left, and both emerge at least partly from a collective/anti-competitive approach to music-making. However, there are also significant tensions between punk and folk as ideas/ideals and as applied in practice. Most obviously, punk makes claims to a “year zero” creativity (despite inevitably offering re-presentation of at least some existing elements in every instance), whereas folk music is supposed to carry forward a tradition (which, thankfully, is more recognized in recent decades as a subject-to-change “living tradition” than was the case in folk’s more purist periods). Politically, meanwhile, postwar folk has tended more toward a socialist and/or Marxist orientation, both in the US and UK, whereas punk has at least rhetorically claimed to be in favor of “anarchy” (in the UK, in particular). Collective creativity and competitive tendencies also differ between the two (perceived) genre areas. Although the folk scene’s “floor singer” tradition offers a dispersal of expressive opportunity comparable in some ways to the “anyone can do it” idea that gets associated with punk, the creative expectation of the individual within the group differs between the two. Punk has some similarities to folk, then, but there are tensions, too, and these are well worth examining if one is serious about testing out the common claim, in both folk and punk, that “anyone can do it.”

scholarly journals Selected In Situ Hybridization Methods: Principles and Application

Molecules ◽  
2021 ◽  
Vol 26 (13) ◽  
pp. 3874
Author(s):  
Dominika Veselinyová ◽  
Jana Mašlanková ◽  
Katarina Kalinová ◽  
Helena Mičková ◽  
Mária Mareková ◽  
...  
Keyword(s):  
In Situ Hybridization ◽  
Imaging Techniques ◽  
Cell Communication ◽  
Probe Design ◽  
Rapid Progress ◽  
In Situ Techniques ◽  
Different Types ◽  
Laboratory Procedures ◽  
The Individual

We are experiencing rapid progress in all types of imaging techniques used in the detection of various numbers and types of mutation. In situ hybridization (ISH) is the primary technique for the discovery of mutation agents, which are presented in a variety of cells. The ability of DNA to complementary bind is one of the main principles in every method used in ISH. From the first use of in situ techniques, scientists paid attention to the improvement of the probe design and detection, to enhance the fluorescent signal intensity and inhibition of cross-hybrid presence. This article discusses the individual types and modifications, and is focused on explaining the principles and limitations of ISH division on different types of probes. The article describes a design of probes for individual types of in situ hybridization (ISH), as well as the gradual combination of several laboratory procedures to achieve the highest possible sensitivity and to prevent undesirable events accompanying hybridization. The article also informs about applications of the methodology, in practice and in research, to detect cell to cell communication and principles of gene silencing, process of oncogenesis, and many other unknown processes taking place in organisms at the DNA/RNA level.

scholarly journals ‘Rising demand and decreasing resources’: Theorising the ‘cost of austerity’ as a barrier to social worker discretion

2021 ◽  
pp. 1-18
Author(s):  
CIARÁN MURPHY
Keyword(s):  
Social Worker ◽  
Child Protection ◽  
Child Protection Services ◽  
Radical Reform ◽  
Critical Realist ◽  
Documentary Analysis ◽  
Effective System ◽  
The Individual ◽  
The Uk ◽  
The Cost

Abstract The Munro Review of Child Protection asserted that the English child protection system had become overly ‘defensive’, ‘bureaucratised’ and ‘standardised’, meaning that social workers were not employing their discretion in the interests of the individual child. This paper reports on the results of an ethnographic case study of one of England’s statutory child protection teams. The research sought to explore the extent of social worker discretion relative to Munro’s call for ‘radical reform’ and a move towards a more ‘child-centred’ system. Employing an iterative mixed methods design – encompassing documentary analysis, observation, focus group, questionnaire, interview and ‘Critical Realist Grounded Theory’ – the study positioned the UK Government’s prolonged policy of ‘austerity’ as a barrier to social worker discretion. This was because the policy was seen to be contributing to an increased demand for child protection services; and a related sense amongst practitioners that they were afforded insufficient time with the child to garner the requisite knowledge, necessary for discretionary behaviour. Ultimately, despite evidence of progress relative to assertions that social worker discretion had been eroded, the paper concludes that there may still be ‘more to do’ if we are to achieve the ‘child-centred’ and ‘effective’ system that Munro advocated.

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