Part III Tests of Abuse, 7 The As Efficient Competitor Test

Author(s):  
Nazzini Renato

This chapter looks at the as efficient competitor test. Under the as efficient competitor test, conduct is prima facie abusive if it is capable of excluding a competitor that is at least as efficient as the dominant undertaking. This test has received strong judicial endorsement in predatory pricing and margin squeeze but not in other pricing abuses, particularly rebates. The as efficient competitor test can be applied dynamically. This means that a practice can be exclusionary when it forecloses competitors that could become as efficient as the dominant undertaking within a reasonable period of time but are prevented from doing so by the allegedly abusive conduct. When this test applies, however, the only approach which is consistent with the purpose of Article 102 is to require proof of actual effects. The as efficient competitor test also applies to determine whether discrimination that is neither exclusionary nor exploitative is abusive under Article 102(c).

2017 ◽  
pp. 148-158 ◽  
Author(s):  
A. Bulatov

The paper deals with the past, current and future situation in Russian capital outflow and inflow. The specific features of the past situation (2001-2013) were as follows: big scale of Russian participation in international capital movement; turnover of national capital between Russia and offshores; stable surplus of capital outflow over inflow; inadequacy of industrial structure of capital inflow to Russian needs. The current situation is characterized by such new features as radical cut in volumes of capital outflow and inflow, some decrease in its level of offshorization. In the mid-term the probability of continuation of current trends is high. In the long-term the mode of Russian participation in international capital movement will prima facie depend on prospects of realization of systematic reforms in the Russian economy.


Author(s):  
Jens Claßen ◽  
James Delgrande

With the advent of artificial agents in everyday life, it is important that these agents are guided by social norms and moral guidelines. Notions of obligation, permission, and the like have traditionally been studied in the field of Deontic Logic, where deontic assertions generally refer to what an agent should or should not do; that is they refer to actions. In Artificial Intelligence, the Situation Calculus is (arguably) the best known and most studied formalism for reasoning about action and change. In this paper, we integrate these two areas by incorporating deontic notions into Situation Calculus theories. We do this by considering deontic assertions as constraints, expressed as a set of conditionals, which apply to complex actions expressed as GOLOG programs. These constraints induce a ranking of "ideality" over possible future situations. This ranking in turn is used to guide an agent in its planning deliberation, towards a course of action that adheres best to the deontic constraints. We present a formalization that includes a wide class of (dyadic) deontic assertions, lets us distinguish prima facie from all-things-considered obligations, and particularly addresses contrary-to-duty scenarios. We furthermore present results on compiling the deontic constraints directly into the Situation Calculus action theory, so as to obtain an agent that respects the given norms, but works solely based on the standard reasoning and planning techniques.


1970 ◽  
Vol 15 (1) ◽  
Author(s):  
A. M. Endres

This article discusses distinctive features of the New Zealand debate on the economics of wages and wages policy from 1931 up to the restoration of compulsory arbitration in 1936. Local economic orthodoxy proffered advice which, consistent with Keynes (1936), turned on the need for a general real wage reduction effected mostly through currency devaluation, rather than through further money wage cuts. Dissenters were critical of currency devaluation; they stressed excessively generous unemployment relief, real wage 'overhang' and structural real wage distorttons. Tentative estimates of both aggregate real product wage and labour productivity changes demonstrate, prima facie, that at least one strand in the dissenting argument was defensible.


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