scholarly journals The effective public enforcement of the prohibition of anti-competitive agreements: which factors influence the high percentage of annulments of Dutch cartel fines?

2019 ◽  
Author(s):  
Annalies Outhuijse
Keyword(s):  
Influencing Factors ◽  
Competition Law ◽  
Theoretical Framework ◽  
Public Enforcement ◽  
Member States ◽  
Academic Literature ◽  
Specific Factors ◽  
The Subject ◽  
Case Characteristics

Abstract The Dutch enforcement of the European and Dutch cartel prohibition is characterized by high rates of litigation and successful litigation. Several studies have devoted attention to these phenomena, all unraveling parts of the puzzle as to how the occurrence of these percentages can be explained. The subject of this article, an analysis of the factors which influence the rate of successful litigation, is however missing in this body of literature. To begin with, a theoretical framework of possible influencing factors is designed on the basis of relevant academic literature. In order to evaluate whether the factors identified in the literature can explain the Dutch practice, an assessment is carried out using several means, including a further analysis of the Dutch cartel practice, interviews with involved stakeholders, and comparisons with other Member States and Dutch market supervisors. The article concludes that specific factors that are woven into the Dutch practice (including specific court, party, and case characteristics), in combination with the nature of competition law, influence the Dutch annulment rate.

Part VIII Cooperation in Antirust Enforcement, 21 Cooperation Between the Courts of the EU Member States and the Court of Justice: The Preliminary Reference Procedure

2020 ◽  
Author(s):  
Farley Martin
Keyword(s):  
National Court ◽  
Competition Law ◽  
Advisory Opinion ◽  
Preliminary Ruling ◽  
Member States ◽  
Reference Procedure ◽  
Eu Member States ◽  
Court Of Justice ◽  
The Subject ◽  
Special Rules

This chapter addresses the cooperation between Member States’ courts and the Court of Justice in the context of the preliminary reference procedure. There are two points to be noted concerning the nature of the preliminary reference procedure and its relationship to competition law. First, the principal aim of the preliminary ruling and advisory opinion mechanisms is to provide a means of cooperation between the Court of Justice and the Member States. As such, the principal dialogue is between the referring national court or tribunal and the Court of Justice. In the preliminary reference procedure, the Commission holds the same status as any other interested party that is entitled to take part in the proceedings. Second, the procedural rules governing the preliminary ruling procedure remains essentially the same regardless of the subject matter concerned. No special rules apply with respect to cases concerning competition law.

scholarly journals Odpowiedzialność przebijająca w ramach private enforcement

2020 ◽  
Vol 9 (3) ◽  
pp. 21-32
Author(s):  
Mateusz Dąbroś
Keyword(s):  
Competition Law ◽  
Individual Member ◽  
Private Enforcement ◽  
Private Law ◽  
Legal Regulations ◽  
Member States ◽  
Economic Unit ◽  
The Subject ◽  
Piercing The Corporate Veil ◽  
Civil Courts

In the context of private enforcement of competition law, the issue of piercing the corporate veil, that is, the possibility of holding a non-direct infringer liable becomes particularly important. Pursuant to the thesis of the CJEU ‘Skanska’ judgment, civil courts adjudicating in cases of damages for infringements of competition law should understand the concept of ‘undertaking’ in accordance with Article 101 TFEU and its established interpretation by the Court, which may mean also adopting, under private law, the doctrine of economic succession (economic continuity) and the concept of a single economic unit. Individual member states, such as Spain and Portugal, have already adopted relevant legal regulations regarding the issue in question. In other countries, this matter has become the subject of judicial considerations. In Poland, neither of these two situations occurs. One should opt for the broad adoption of the concept of piercing the corporate veil in the context of liability for damages arising from an infringement of competition law – with both EU and national dimension.

Part II The Member State Reports on Transposition of the Directive, 15 Portugal

2018 ◽  
Author(s):  
Ferro Miguel Sousa
Keyword(s):  
Member State ◽  
Competition Law ◽  
Parent Company ◽  
Private Enforcement ◽  
Public Enforcement ◽  
Member States ◽  
Joint Liability ◽  
General Overview ◽  
Binding Force ◽  
Opt Out

This chapter analyzes the transposition of the Antitrust Damages Directive in Portugal. It first provides a general overview of the transposition procedure, focusing on the unified Bill that was adopted by the Plenary of the Parliament on 20 April 2018 and configured as the Transposition Act. It then describes the scope of private enforcement of competition law in Portugal before considering specific issues that arose from the transposition of the Directive, such as those relating to rights to pre-trial discovery, partial centralization of private enforcement at the specialized Court, access to evidence, time-barring deadlines, protecting failed settlement talks, the binding force of public enforcement decisions, concepts of undertaking and parent company liability, the presumed proportion of responsibility for joint liability, the quantification of damages, the Portuguese opt-out regime (actio popularis), and the effect on trade between Member States.

Handwriting Analysis and Personality Assessment

2000 ◽  
Vol 5 (1) ◽  
pp. 44-51 ◽  
Author(s):  
Peter Greasley
Keyword(s):  
Personality Traits ◽  
Personality Assessment ◽  
Personnel Selection ◽  
Empirical Studies ◽  
Handwriting Analysis ◽  
Recruitment Process ◽  
Academic Literature ◽  
Personnel Recruitment ◽  
The Subject ◽  
Better Than

It has been estimated that graphology is used by over 80% of European companies as part of their personnel recruitment process. And yet, after over three decades of research into the validity of graphology as a means of assessing personality, we are left with a legacy of equivocal results. For every experiment that has provided evidence to show that graphologists are able to identify personality traits from features of handwriting, there are just as many to show that, under rigorously controlled conditions, graphologists perform no better than chance expectations. In light of this confusion, this paper takes a different approach to the subject by focusing on the rationale and modus operandi of graphology. When we take a closer look at the academic literature, we note that there is no discussion of the actual rules by which graphologists make their assessments of personality from handwriting samples. Examination of these rules reveals a practice founded upon analogy, symbolism, and metaphor in the absence of empirical studies that have established the associations between particular features of handwriting and personality traits proposed by graphologists. These rules guide both popular graphology and that practiced by professional graphologists in personnel selection.

Un estudio de caso en el análisis de la espiritualidad en el trabajo

Oikos ◽  
2016 ◽  
Vol 19 (39) ◽  
pp. 29
Author(s):  
Zahira Moreno Freites ◽  
María García Jiménez ◽  
Judith Hernández
Keyword(s):  
Qualitative Analysis ◽  
Work Environment ◽  
Theoretical Framework ◽  
Personal Life ◽  
Theoretical Construct ◽  
Spiritual Beliefs ◽  
High Interest ◽  
Beliefs And Values ◽  
The Subject ◽  
Estudio De Caso

RESUMENEsta investigación examina la espiritualidad y su consideración en el ambiente laboral, específicamente en los trabajadores de la Dirección de Educación Estadal del Municipio Palavecino, Estado Lara, Venezuela. El estudio de tipo descriptivo y cualitativo permitió analizar materiales teóricos relacionados con la espiritualidad en el trabajo, tomando el concepto de espiritualidad de Mitroff y Denton (1999) como marco teórico para esta investigación, además de los aportes de Pérez (2007) y Robles (2011) que exploran el tema y permitieron la elaboración de un constructo teórico para esta investigación. Los resultados evidencian que existe un alto interés por el tema de la espiritualidad tanto en la vida personal como en el trabajo y puede tratarse abiertamente en el ámbito laboral, a pesar de las limitaciones sobre el tema, su principal beneficio es que favorece el equilibrio en todos los aspectos de la vida.Palabras clave: espiritualidad, ambiente laboral, creencias y valores espirituales.An study of case on the analysis of spirituality at the workABSTRACT This research examines spirituality and its consideration in the workplace, specifically on workers of the Directorate of Education of the Municipality Palavecino State Authority, State Lara, Venezuela. The study of descriptive and qualitative analysis allowed theoretical materials related to spirituality at work, taking the concept of spirituality Mitroff and Denton (1999 ) as the theoretical framework for this research, along with the contributions of Perez (2007) and Robles ( 2011) that explore the issue and allowed the development of a theoretical construct for this research. Los results show that there is a high interest in the topic of spirituality both in personal life and at work and can openly addressed in the workplace, despite the limitations on the subject, its main benefit s that it favors the balance in all aspects of life .Keywords: spirituality, work environment, spiritual beliefs and values. Um estudo de caso na análise da espiritualidade no trabalho RESUMO Esta pesquisa analisa a espiritualidade e sua consideração no local de trabalho, especificamente nos trabalhadores do Departamento de Educação Estadual do Município Palavecino, Estado de Lara, Venezuela. O estudo de análise descritiva e qualitativa permitiu investigar materiais teóricos relacionados à espiritualidade no trabalho, tomando o conceito de espiritualidade de Mitroff e Denton (1999) como marco teórico para esta pesquisa, juntamente com as contribuições de Pérez (2007) e Robles ( 2011) que exploram o tema e permitiram o desenvolvimento de uma construção teórica para esta pesquisa. Os resultados mostram que existe um alto interesse pela temática da espiritualidade tanto na vida pessoal como no trabalho e pode-se tratar abertamente no espaço de trabalho, apesar das limitações sobre o assunto, seu principal benefício é que favorece o equilíbrio em todos os aspectos da vida.Palavras-chave: espiritualidade, ambiente de trabalho, crenças e valores espirituais.

The Subject Matter of Intellectual Property

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Final Stage ◽  
Theoretical Framework ◽  
Trade Mark ◽  
Second Stage ◽  
Essential Properties ◽  
The Subject ◽  
Three Stages ◽  
The Relationship

This book offers a study of the subject matter protected by each of the main intellectual property (IP) regimes. With a focus on European and UK law particularly, it considers the meaning of the terms used to denote the objects to which IP rights attach, such as ‘invention’, ‘authorial work’, ‘trade mark’, and ‘design’, with reference to the practice of legal officials and the nature of those objects specifically. To that end it proceeds in three stages. At the first stage, in Chapter 2, the nature, aims, and values of IP rights and systems are considered. As historically and currently conceived, IP rights are limited (and generally transferable) exclusionary rights that attach to certain intellectual creations, broadly conceived, and that serve a range of instrumentalist and deontological ends. At the second stage, in Chapter 3, a theoretical framework for thinking about IP subject matter is proposed with the assistance of certain devices from philosophy. That framework supports a paradigmatic conception of the objects protected by IP rights as artifact types distinguished by their properties and categorized accordingly. From this framework, four questions are derived concerning: the nature of the (categories of) subject matter denoted by the terms ‘invention’, ‘authorial work’, ‘trade mark’, ‘design’ etc, including their essential properties; the means by which each subject matter is individuated within the relevant IP regime; the relationship between each subject matter and its concrete instances; and the manner in which the existence of a subject matter and its concrete instances is known. That leaves the book’s final stage, in Chapters 3 to 7. Here legal officials’ use of the terms above, and understanding of the objects that they denote, are studied, and the results presented as answers to the four questions identified previously.

Health Care Services and EU Competition Law

2020 ◽  
Author(s):  
Okeoghene Odudu
Keyword(s):  
Market Power ◽  
Healthcare Service ◽  
Health Care Services ◽  
Service Providers ◽  
Competition Law ◽  
Healthcare Services ◽  
System Matrix ◽  
Member States ◽  
Eu Member States ◽  
Care Services

This chapter investigates how, within a number of European Union (EU) Member States, competition law has been used to address problems of market power in the healthcare services sector. It summarizes the relevant EU and national competition laws and considers the experience of applying those laws to providers of healthcare services. The chapter is chiefly concerned with healthcare services in England, although examples are drawn for other EU Member States. Examination of the English experience provides a view of the use of competition law to address market power problems in most elements of the health system matrix. The chapter then considers three challenges that emerge from that experience of using competition law to address problems of market power in healthcare service markets. The first challenges the applicability of competition law to healthcare service providers operating in each or every element of the healthcare system matrix. The second, accepting applicability, questions the appropriateness of the substantive rules to healthcare services. The third, a battle of authority and autonomy, considers whether decisions made by healthcare service providers should be subject to external review and the type of review that competition law offers.

Two Truths and a Lie: In re John Z. and Other Stories at the Juncture of Teen Sex and the Law

2013 ◽  
Vol 38 (02) ◽  
pp. 364-402 ◽  
Author(s):  
Michelle Oberman
Keyword(s):  
Contemporary Literature ◽  
Adolescent Sexuality ◽  
Two Truths ◽  
Academic Literature ◽  
Meaningful Relationship ◽  
Depth Study ◽  
The Subject ◽  
The Law ◽  
Sexual Encounters ◽  
Criminal Justice Response

Laws governing adolescent sexuality are incoherent and chaotically enforced, and legal scholarship on the subject neither addresses nor remedies adolescents’ vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about adolescent sexuality from both the academic literature and the adults who control the criminal justice response to such interactions. This article presents an in-depth study of In re John Z., a 2003 rape prosecution involving two seventeen-year-olds. Using this case, I explore the implications of the prosecution by interviewing a variety of experts and analyzing the contemporary literature on sexual norms among youth. I also relate a series of interviews conducted with the major players in the prosecution. Examining this case from a variety of perspectives permits a deeper understanding of how the law regulates adolescent sexual encounters and why it fails.

scholarly journals Served on a Plate: Engraved Sources of San Diego de Alcalá’s ‘Miraculous Meal’ for the Franciscans of Santiago, Chile (ca. 1710)

Arts ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 30
Author(s):  
Catherine Burdick
Keyword(s):  
Professional Practice ◽  
San Diego ◽  
Academic Literature ◽  
The Status ◽  
The Subject

There exists a consensus in academic literature regarding the centrality of engraved prototypes for the production of colonial paintings in the Spanish Americas. In Peru, these artistic models were written into legal contracts between painters and clients. An examination of the notarial contracts produced in Cusco from 1650 to 1700 suggests that prototypes in a variety of formats were not only central to artistic professional practice, but that adherence to their images may have provided one motive for entering into such agreements. This study leans upon the centrality of Flemish print sources to confirm the attribution of a partial canvas at the Pinacoteca Universidad de Concepción, Chile as an episode of the series on the life of Diego de Alcalá (c. 1710) in Santiago, Chile. Commissioned from Cusco by the Franciscans of Santiago, the status of the hagiographic cycle as the most extensive ever produced on the subject of this missionary saint dictates that a multiplicity of sources was necessary for its creation. By identifying two engravings that served as its models, this study recovers the subject of this painting as a miracle that sustained Diego during an arduous journey.

Sign in / Sign up

Export Citation Format

Share Document