Die Ministererlaubnis für den Zusammenschluss von Unternehmen - ein Konflikt mit der Wettbewerbsordnung

2002 ◽  
Vol 51 (2) ◽  
Author(s):  
Steffen J. Roth ◽  
Michael Voigtländer

AbstractOn 5. July 2002 State Secretary Dr. Alfred Tacke gave ministerial approval for the merger of E.ON and Ruhrgas. Previously both the German Cartel Office and the Monopoly Commission had voted against the fusion on the basis of feared restricted competition. According to paragraph 42 § of the GWB Law, the German Economics Ministry may revise the decision of the German Cartel Office, when in the individual case the restricted competition is balanced out by the overall economic advantages of the merger, or the fusion is justified by an overwhelming general interest.In this article it will be examined, whether there is really a conflict between competition policy and general interest. In the first stage the demands of a ministerial approval are defined from a proper political perspective. In the second stage it is examined whether in the actual process the presented common welfare grounds were tenable. It turns out as a result that the ministerial approval represents a violation of the independence of competition control.

2017 ◽  
Vol 22 (1) ◽  
pp. 11-16
Author(s):  
Joel Weddington ◽  
Charles N. Brooks ◽  
Mark Melhorn ◽  
Christopher R. Brigham

Abstract In most cases of shoulder injury at work, causation analysis is not clear-cut and requires detailed, thoughtful, and time-consuming causation analysis; traditionally, physicians have approached this in a cursory manner, often presenting their findings as an opinion. An established method of causation analysis using six steps is outlined in the American College of Occupational and Environmental Medicine Guidelines and in the AMA Guides to the Evaluation of Disease and Injury Causation, Second Edition, as follows: 1) collect evidence of disease; 2) collect epidemiological data; 3) collect evidence of exposure; 4) collect other relevant factors; 5) evaluate the validity of the evidence; and 6) write a report with evaluation and conclusions. Evaluators also should recognize that thresholds for causation vary by state and are based on specific statutes or case law. Three cases illustrate evidence-based causation analysis using the six steps and illustrate how examiners can form well-founded opinions about whether a given condition is work related, nonoccupational, or some combination of these. An evaluator's causal conclusions should be rational, should be consistent with the facts of the individual case and medical literature, and should cite pertinent references. The opinion should be stated “to a reasonable degree of medical probability,” on a “more-probable-than-not” basis, or using a suitable phrase that meets the legal threshold in the applicable jurisdiction.


2011 ◽  
Vol 12 (5) ◽  
pp. 1261-1278 ◽  
Author(s):  
Milan Kuhli ◽  
Klaus Günther

Without presenting a full definition, it can be said that the notion of judicial lawmaking implies the idea that courts create normative expectations beyond the individual case. That is, our question is whether courts' normative declarations have an effect which is abstract and general. Our purpose here is to ask about judicial lawmaking in this sense with respect to international criminal courts and tribunals. In particular, we will focus on the International Criminal Tribunal for the Former Yugoslavia (ICTY). No other international criminal court or tribunal has issued so many judgments as the ICTY, so it seems a particularly useful focus for examining the creation of normative expectations.


When the oscillating electric spark is examined in a rapidly rotating mirror, the successive oscillations render themselves evident in the image as a series of lumnious curved streamers which emanate from the poles and extend towards the centre of the spark gap. These streamers were first observed by Feddersen in 1862, but the work of Schuster and Hemsalech in 1900 may be said to have opened up a new era in the subject. These workers threw the image of the spark on the slit of a spectroscope, and photographed the resulting spectrum on a film which was maintained in rapid rotation in a direction at right angles to that of the incident light. In their photographs they found that the air lines extended straight across from pole to pole, but that the metal lines were represented by curved bands drawn out in the centre of the spark gap. There is a close relation between these bands and the streamers seen in the unanalysed inductive spark. Schuster and Hemsalech carried out their experiments with the smallest possible inductance in series with the spark, and thus made the period of the oscillations so small that the drawing out on the film was insufficient to separate the individual oscillations from each other. Thus their curved lines represent a composite structure, consisting of all the streamers due to the successive oscillations superposed on each other. It follows from their results that the light of the streamers in the spark is entirely produced by the glowing of the metallic vapour of the electrodes, and that, while the luminosity of the air is practically instantaneous in its occurrence, that due to the metal vapour occurs in the centre of the spark gap an appreciable time later than near the poles. The actual process which goes on in the spark and gives rise to this delay in the arrival of the metallic vapour at the centre of the gap is not yet thoroughly understood. Schuster and Hemsalech make the natural supposition that it is due to the fact that the metal of the electrode is vaporised and rendered incandescent by the heat of the spark, and that the vapour takes an appreciable time to diffuse from the electrodes to the centre of the gap. The exception which has been taken to this view has arisen in part from the difficulty of observing the Doppler effect on the metallic lines which should be a concomitant of the diffusion of the vapour from the poles, and in part from the extraordinary results which the authors themselves obtained in some metals for the velocity of the diffusion corresponding to the different lines. In the case of bismuth and, in a less degree, of cadmium the different metallic lines could be divided into groups of different curvatures which indicated different velocities of diffusion towards the centre of the gap. As regards the former matter, there does not seem to be involved any real difficulty to the explanation, as Dr. Schuster has himself recently shown. The curious effect of the different curvatures of the lines of the same element has, however, always remained more or less of a difficulty in the way of a complete acceptance of their view. Schuster and Hemsalech themselves refer to the possibility in the case of bismuth that the metal may be a compound, and that the two kinds of molecules give rise to the differently curved lines. Other explanations have been made by different writers, but it cannot be said that any explanation adequately supported by experiment has been forthcoming. In view of this incompleteness in our knowledge of the constitution of the streamers it seemed to me that further observations with a rotating mirror would possibly be of value, and the investigations recorded below succeed, I think, in throwing a clearer light on the nature of the streamers, and on certain other phenomena which are characteristic of the spark.


1990 ◽  
Vol 29 (4) ◽  
pp. 435-436 ◽  
Author(s):  
J. R. Crawford ◽  
K. M. Allan ◽  
R. H. B. Cochrane ◽  
D. M. Parker

2018 ◽  
Vol 47 (3) ◽  
pp. 303-317
Author(s):  
H.M. Bowers ◽  
A.L. Wroe

Background: Previous research suggests benefits of targeting beliefs about the unacceptability of emotions in treatment for irritable bowel syndrome (IBS). Aims: The current study developed and tested an intervention focusing on beliefs and behaviours around emotional expression. Method: Four participants with IBS attended five group sessions using cognitive behavioural techniques focusing on beliefs about the unacceptability of expressing emotions. Bi-weekly questionnaires were completed and a group interview was conducted. This study used an AB design with four participants. Results: Averages indicate that participants showed decreases in beliefs about unacceptability of emotions and emotional suppression during the intervention, although this was not reflected in any of the individual trends in Beliefs about Emotions Scale scores and was significant in only one individual case for Courtauld Emotional Control Scale scores. Affective distress and quality of life improved during follow-up, with only one participant not improving with regard to distress. Qualitative data suggest that participants felt that the intervention was beneficial, referencing the value in sharing their emotions. Conclusions: This study suggests the potential for beliefs about emotions and emotional suppression to be addressed in cognitive behavioural interventions in IBS. That beliefs and behaviours improved before outcomes suggests they may be important processes to investigate in treatment for IBS.


2021 ◽  
Author(s):  
◽  
Sean J. Mallett

<p>One of the fundamental principles of the criminal law is consistency: like offenders must be treated alike. However, research has shown that when it comes to sentencing in New Zealand there is in fact substantial regional disparity in the penalty imposed on similarly situated offenders. The situation is unacceptable, and undermines the integrity of the criminal justice system. This paper will explore three different mechanisms for guiding judicial discretion in the pursuit of sentencing consistency. It will undertake an analysis of mandatory sentences and the ‘instinctive synthesis’ approach, both of which will be shown to be unsatisfactory. Instead, the paper will argue that the establishment of a Sentencing Council with a mandate to draft presumptively binding guidelines is the most appropriate way forward for New Zealand. This option finds the correct equilibrium between giving a judge sufficient discretion to tailor a sentence that is appropriate in the circumstances of the individual case, yet limiting discretion enough to achieve consistency between cases.</p>


1977 ◽  
Vol 9 (4) ◽  
pp. 461-475 ◽  
Author(s):  
T R Smith

An important problem of general interest concerns the aggregate response of a system to increasing density (or decreasing effective distance between units). An analysis is made for a system in which the individual responses to changing density are smooth. The analysis is presented in terms of the ‘overbanked’ situation of the USA in the 1920s. Models are derived from micro-economic principles concerning the interaction of two banks in competition for deposits as road transportation decreases in relative cost. The conclusion drawn from analysis of the models is that aggregate deposits may increase in a smooth or in a discontinuous (jump) fashion, the jump depending on the nature of an individual banker's response function and occurring despite smooth individual responses. In the case where the system is always in equilibrium, the jump may be a catastrophe in the sense described by Thorn. The analysis indicates that improvements in road transportation may have significantly reduced the stability of the banking system to a point of catastrophic collapse (as well as, for example, overzealous chartering by the authorities). The analysis should have application to many other situations in which decreasing effective distance is an important fact.


1988 ◽  
Vol 33 (5) ◽  
pp. 409-411 ◽  
Author(s):  
Janette Mcmillan ◽  
Joseph Noone ◽  
Tom Tombaugh

Acquired Immune Deficiency Syndrome (AIDS) has made a wide impact not limited to those persons who have or are likely to contact it. A case history of a man with a near-delusional belief he had AIDS is presented to exemplify the individual issues that concern about AIDS may raise. Thorough exploration of the dynamic interplay of biological, psychological and social factors is recommended in each case before reassurance may be effective. Psychiatric consultation should assist in developing optimal intervention in each individual case.


2018 ◽  
Vol 42 (6) ◽  
pp. 547-560 ◽  
Author(s):  
Fa Wang ◽  
Mario Garcia-Sanz

The power generation of a wind farm depends on the efficiency of the individual wind turbines of the farm. In large wind farms, wind turbines usually affect each other aerodynamically at some specific wind directions. Previous studies suggest that a way to maximize the power generation of these wind farms is to reduce the generation of the first rows wind turbines to allow the next rows to generate more power (coordinated case). Yet, other studies indicate that the maximum generation of the wind farm is reached when every wind turbine works at its individual maximum power coefficient CPmax (individual case). This article studies this paradigm and proposes a practical method to evaluate when the wind farm needs to be controlled according to the individual or the coordinated case. The discussion is based on basic principles, numerical computations, and wind tunnel experiments.


2021 ◽  
Author(s):  
Jeffrey Basara ◽  
Stuart Edris ◽  
Jordan Christian ◽  
Bradley Illston ◽  
Eric Hunt ◽  
...  

&lt;p&gt;Flash droughts occur rapidly (~1 month timescale) and have produced significant ecological, agricultural, and socioeconomical impacts. Recent advances in our understanding of flash droughts have resulted in methods to identify and quantify flash drought events and overall occurrence. However, while it is generally understood that flash drought consists of two critical components including (1) anomalous, rapid intensification and (2) the subsequent occurrence of drought, little work has been done to quantify the spatial and temporal occurrence of the individual components, their frequency of covariability, and null events. Thus, this study utilized the standardized evaporative stress ratio (SESR) method of flash drought identification applied to the North American Regional Reanalysis NARR) to quantify individual components of flash drought from 1979 &amp;#8211; 2019. Individual case studies were examined and the the drought component was assessed using the United States Drought Monitor for 2010 &amp;#8211; 2019.&amp;#160; &amp;#160;Additionally, the flash component was assessed using results of previous flash drought studies. Further, the correlation coefficient and composite mean difference was calculated between the flash component and flash droughts identified to determine what regions, if any, experienced rapid intensification but did not fall into flash drought. The results yielded that SESR was able to represent the spatial coverage of drought well for regions east of the Rocky Mountains, with mixed success regarding the intensity of the drought events. The flash component tended to agree well with other flash drought studies though some differences existed especially for areas west of the Rocky Mountains which experience rapid intensification at high frequencies but did not achieve drought designations due to hyper-aridity.&lt;/p&gt;


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