Joint Ventures Under U.S. and E.E.C. Antitrust Laws

1979 ◽  
Vol 48 (1-4) ◽  
pp. 58-81
Author(s):  
Henrik Lind
Keyword(s):  
Joint Ventures ◽  
Joint Venture ◽  
Case Law ◽  
The Other ◽  
Horizontal Integration ◽  
Sherman Act ◽  
Other Hand ◽  
Antitrust Laws ◽  
Per Se ◽  
Neutral Effect

AbstractThe case law supports the proposition that joint ventures are illegal under the Sherman Act only if unresonable restraints of competition are proven to exist. Put differently, joint ventures are of neutral effect under the Sherman Act: Joint subsidiaries do not of themselves infringe the Act, but on the other hand the formation of a joint venture does not save an otherwise unreasonable restraint of competition. An exception to the abovementioned conclusion may be joint ventures between actual competitors, at least as far as horizontal integration is concerned. In this case a per se rule may apply. Finally, the competitive impact of a foreign joint venture may in some cases be such as to validate it under the Sherman Act where its domestic counterparts would have been struck down.

scholarly journals The Fiduciary Duties of Joint Venture Parties – When do They Arise and What Do They Comprise?

2011 ◽  
Vol 42 (1) ◽  
pp. 117 ◽  
Author(s):  
Jane Knowler ◽  
Charles Rickett
Keyword(s):  
Joint Ventures ◽  
Joint Venture ◽  
Case Law ◽  
The Other ◽  
Common Goal ◽  
Fiduciary Duties ◽  
Fiduciary Obligations ◽  
Australian Case

Joint Ventures are often used by parties in commercial enterprises where parties seek to achieve a common goal. One issue which is increasingly contentious is the extent to which, if any, joint venture parties owe each other fiduciary obligations. This paper refutes, as a dangerous heresy, the idea that joint venture relationships are discrete legal relationships that are inherently fiduciary in nature. The majority of self-styled "joint ventures" are, invariably, nothing more in legal terms than contracts. If parties are going to be bound by fiduciary duties, over and above the contractual duties they owe each other, this will only be so by virtue of the particular arrangement they have entered into which, on a thorough examination of the facts, is found to require each party to give unstinting loyalty to the other. Recent Australian case law bears this out.

scholarly journals Rise, Fall, and Recovery of Blockchains in the Maritime Technology Space

2021 ◽  
Vol 9 (3) ◽  
pp. 266
Author(s):  
Ziaul Haque Munim ◽  
Okan Duru ◽  
Enna Hirata
Keyword(s):  
Systematic Approach ◽  
The Other ◽  
Privacy Management ◽  
Maritime Industry ◽  
Privacy And Security ◽  
Maritime Literature ◽  
Blockchain Technology ◽  
Other Hand ◽  
Antitrust Laws ◽  
Maritime Technology

Blockchain technology, since its introduction, has been expected to be implemented in many areas. Cryptocurrency is one unique example that established a functioning application. On the other hand, blockchain technology is not immune to various challenges related to the nature of itself, privacy management, and antitrust laws, among others. This study lays out the nature of blockchain and applications in the maritime industry, while highlighting the bottlenecks. Potential resolutions and anticipated developments are proposed. To do this, we adopt a systematic approach and present an overview of blockchain in maritime literature. In addition, the fundamental problems with blockchain are investigated, beginning from their essentials to the pain points that are claimed to need improvement. For establishing a legitimate and practically meaningful blockchain platform, stakeholders need to achieve pluralism (consensus validation), privacy, and security of the system.

The Policy of the EEC on Concentrative Joint Ventures

1992 ◽  
Vol 5 (1) ◽  
pp. 53-67
Author(s):  
D.S. Nava
Keyword(s):  
Structural Change ◽  
Joint Ventures ◽  
The Other ◽  
Legal Instrument ◽  
Other Hand ◽  
Philip Morris ◽  
Competition Rules

The EEC Treaty contains no specific provisions for the control of concentrations. Only the competition rules. Articles 85 and 86 EEC, could be considered as possible legal instruments for regulating concentrations. The Commission has had to examine whether and to what extent these provisions could be used to this end.The Commission's view has been that Article 85 does not apply to operations resulting in structural change, as is the case of concentrations and concentrative joint ventures. Cooperative operations, such as cooperative joint ventures, on the other hand fall to be assessed under Article 85. The Philip Morris case has made this position uncertain. According to the extensive interpretation of this judgement Article 85 is now applicable to certain concentrations and thus to concentrative joint ventures.There is no such uncertainty regarding the role of Article 86 in controlling concentrative joint ventures, for the Court has established in the Continental Can case that concentrations can be caught by Article 86.With the adoption in 1989 of the Regulation on concentration control the Commission finally has a legal instrument specifically designed to regulate concentrations. However, only concentrations and concentrative joint ventures which comply with certain turnover thresholds (the so-called concentrations or concentrative joint ventures with a Community dimension) can be assessed by the Commission under the Regulation. This means that the provisions of the Regulation can not be applied to concentrative joint ventures beneath the threshold.Because of the difficulty in distinguishing concentrative operations from cooperative ones, the Commission published the Notice regarding the concentrative and cooperative operations under the Regulation on the control of concentrations.

HALF-WAY TECHNOLOGIES ARE PROFITABLE

PEDIATRICS ◽  
1995 ◽  
Vol 95 (5) ◽  
pp. 681-681
Keyword(s):  
The Other ◽  
Other Hand ◽  
Per Se ◽  
Commercial Organizations

Decisive interventions, like vaccines, can be quite inexpensive. But commercial organizations make money by selling commodities; they cannot produce and sell "health" per se. The most profitable commodities are those embodying the "half-way" technologies, for those with the means to pay for them-again and again and again. Vaccines, on the other hand, "may never prove as enticing as drugs for pharmaceutical makers. They can be quite expensive to develop, and they produce less income-repeated refills not required ... "

Tipos de Predicação em Aristóteles

2005 ◽  
Vol 13 (26) ◽  
pp. 7-34
Author(s):  
António Pedro Mesquita ◽  
Keyword(s):  
The Other ◽  
Specific Difference ◽  
Complex Entity ◽  
Posterior Analytics ◽  
Present Essay ◽  
Syntactic Position ◽  
Other Hand ◽  
The Subject ◽  
Per Se

Predication is a complex entity in Aristotelian thought. The aim of the present essay is to account for this complexity, making explicit the diverse forms it assumes. To this end, we tum to a crucial chapter of the Posterior Analytics (1 22), where, in the most complete and developed manner within the corpus, Aristotle proceeds to systematize this topic. From the analysis, it will become apparent that predication can assume, generically, five forms: 1) the predication of essence (τὸ αύτᾢ εἶναι κατηγορεἲσθαι), that is of the genus and the specific difference; 2) essential predication (τὸ αύτᾢ εἶναι κατηγορεἲσθαι), that is either of the genus or of the differences (or their genera); 3) the predication of accidents per se 4) and of simple accidents (ώς συμβεβηκότα κατηγορεἲσθαι); and 5) accidental predication (κατἁ συμβεβηκός κατηγορεἲσθαι). However, only types 2-4 are forms of strict predication (άπλὢς). In effect, the “predication” of essence is not a genuine predication, but a formula for identity, constituting, technically, the statement of the essence of the subject (or its definition). On the other hand, accidental “predication” can only be conceived of as such equivocally, since it results from a linguistic accident through which the ontological subject of the attribution suffers a displacement to the syntactic position of the predicate, which is not, by nature, its own. In neither case does the phrase bring about any legitimate predication. The study concludes with a discussion of Aristotle’s thesis according to which no substance can be a predicate, which is implied by its notion of accidental predication, a thesis which has been - and in our opinion wrongly so - challenged in modem times.

Physical Education and Religious Freedom

2019 ◽  
pp. 144-155
Author(s):  
Konstantinos Margaritis
Keyword(s):  
Human Rights ◽  
Physical Education ◽  
Religious Freedom ◽  
Case Law ◽  
Democratic Society ◽  
The Other ◽  
Recent Case ◽  
Freedom Of Religion ◽  
Other Hand ◽  
European Court

Freedom of religion has been constantly characterized as one of the foundations of a democratic society. On the other hand, the significance of physical education in the development of children's overall personality is beyond dispute. Thus, the question that arises is, What happens in a case of a conflict involving the above? The aim of this chapter is to provide an answer on the basis of the case law of the European Court of Human Rights. In particular, the fundamental cases of Dogru vs. France and Kervanci vs. France will be examined, as well as the recent case of Osmanoglu and Kocabas vs. Switzerland. Through the analysis of the cases, useful conclusions will be drawn on the possible impact of religious freedom on physical education.

scholarly journals Statutory Decrystallisation of the Floating Charge: Implications for Business Sustainability

2016 ◽  
Vol 5 (1) ◽  
pp. 237
Author(s):  
Friday Okafor Onamson
Keyword(s):  
Case Law ◽  
The Other ◽  
Fixed Charge ◽  
Business Sustainability ◽  
Going Concern ◽  
Statutory Provision ◽  
General Law ◽  
Other Hand ◽  
The One ◽  
The Relationship

This paper analyzes the provisions of the Nigerian Companies and Allied Matters Act 2004 which, against the grain of general law rules on decrystallisation of floating charge, provides that a crystallised floating charge can decrystallise or refloat where the creditor withdraws from possession after the debtor has commenced payment or if the receiver, with consent of the creditor, is withdrawn. The analysis is relevant because the provision has dire implications for business sustainability since parties engage in debt transaction to sustain the going concern basis of their businesses. Bearing in mind that uncertainty pervades the boundaries between fixed and floating charge, the paper asks what is the priority status of a decrystallised floating charge as against a floating charge created prior to refloatation; and what is the relationship between the decrystallised floating charge and a fixed charge that predated the decrystallisation on the one hand and a fixed charge created post refloatation on the other hand. Using the case law and existing literature the paper showed that the statutory provision for decrystallisation of floating charge not only failed to clarify the general law rules on decrystallisation of floating charge, but it has cast a veil of uncertainty over the rights of parties to a debt transaction secured by floating charge. Since the provision can impact on the health of businesses, it behoves on the parties to be proactive in crafting debts contracts creating an interest secured by floating charge.

Physiological and ecological studies on the oestrogenic isoflavones in subterranean clover (T. subterraneum L.) III. Effects of light

1967 ◽  
Vol 18 (1) ◽  
pp. 23 ◽  
Author(s):  
RC Rossiter ◽  
AB Beck
Keyword(s):  
Light Intensity ◽  
Subterranean Clover ◽  
Substantial Effect ◽  
The Other ◽  
Light Environment ◽  
Natural Light ◽  
Ecological Studies ◽  
Other Hand ◽  
Isoflavone Content ◽  
Per Se

Isoflavone levels in subterranean clover leaves were higher in 13 hr days of natural daylight than in 6 hr days, but length of photoperiod per se had no substantial effect on these levels. In the field, reduction of light intensity (by shading) to 40% daylight caused no decline in isoflavone levels compared with full daylight; even at 24% daylight the reduction in levels was ill defined. On the other hand, in young seedlings there was a marked fall in isoflavone content, especially in the unifoliate leaf, as light intensity fell from 950 to 320 f.c. However, appreciable isoflavone formation was found in dark-grown clover seedlings. Possible light reactions connected with the promotion of isoflavone synthesis are discussed. Changes in isoflavone levels resulting from variation in the natural light environment are unlikely to be sufficient to affect "clover disease".

scholarly journals Le Sezioni Unite della Cassazione sul crocifisso a scuola: alla ricerca di un difficile equilibrio tra pulsioni laiciste e giurisprudenza europea

2021 ◽  
Author(s):  
Paolo Cavana
Keyword(s):  
Case Law ◽  
The Other ◽  
Reasonable Accommodation ◽  
State School ◽  
Freedom Of Conscience ◽  
Religious Symbols ◽  
Other Hand

SOMMARIO - 1. Il crocifisso in classe davanti alle Sezioni Unite - 2. Laicità dello Stato e autonomia scolastica - 3. Conflitto tra diritti e reasonable accommodation - 4. La regola della reasonable accommodation nella giurisprudenza straniera e italiana - 5. Il crocifisso come simbolo “essenzialmente passivo” nella giurisprudenza europea - 6. Reasonable accommodation in assenza di una lesione di diritti: rilievi critici - 7. Bilanciamento dei diritti e legislazione scolastica - 8. Il rapporto asimmetrico tra docente e alunni nella scuola: un dato del tutto omesso - 9. La rimozione del crocifisso da parte del docente: un atto lecito? Osservazioni conclusive. The Supreme Court’s United Sections on the Crucifix controversy in schools: searching for a difficult balance between laicism and European case-law ABSTRACT: This paper examines critically, in the light of the Italian and European case-law, the contents and the juridical arguments of a recent decision issued by the United Sections of the Italian Court of Cassation concerning the Crucifix controversy arisen in a State school. The judges established, on one hand, that the crucifix may be hung in a classroom upon demand of the students as it does not infringe the dissenting teacher’s freedom of conscience or of teaching, according to Lautsi ECHR decision (2011); on the other hand, the clash of values involved would need a reasonable accommodation which could require other religious symbols alongside the crucifix or its removal during the lessons of the dissenting teacher. Such a decision, according to the author, appears to be somewhat contradictory and ambiguous, and it does not resolve the case in a well-balanced way.

The Bastards (Why Socrates Quotes Theognis)

2018 ◽  
pp. 273-277
Author(s):  
Matus Porubjak
Keyword(s):  
The Other ◽  
View Point ◽  
Other Hand ◽  
Per Se ◽  
The One

The paper deals with the so-called “Theognidean dilemma” in Plato’s Meno. The author tries to answer the question, if aretê is a matter of teaching or a natural human endowment from the view point of the Theognidea collection. First, he tries to identify both the ‘eugenic’ and the ‘didactic’ tendencies of the Theognidea and compare them. Then, he turns to the role of Kyrnos’ character in the collection. The author concludes that neither Kyrnos nor Theognis are historical personalities per se; primarily they are models, like the characters of Socratic dialogues. On the one hand, we have the moderate Theognis, the poet, master and erômenos with a sense of measure and justice, and on the other hand the erratic Kyrnos, the handsome and gifted erastês with a tendency to intemperance and hubris. Like Kyrnos, Meno in Plato’s dialogue is able to improve his skills and became moderate, but eventually, he fails in life. By choosing Theognis, Plato seems to reflect this similarity. From the viewpoint of the Theognidea, there is no contradiction in the verses quoted by Socrates in Meno. The position seems to be clear and “eugenic” in principle. Low-borns will never become good, but good high-borns often fail. The riddle of high-born failure is present in the works of many authors of the 5th and 4th centuries. All they are asking is how those who are destined to rule and be ex-cellent by birth and education can fail so much, as well as how society can be saved from ‘bastardization’. This issue links the Theognidea with Meno, and the quoted verses beautifully fit the topic of the dialogue.

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