scholarly journals VERTICAL RESTRAINTS: TAMING THE COMPETITION DISORDER

2008 ◽  
Author(s):  
Harshita Bhatnagar ◽  
Vinay Mishra
Keyword(s):  
Adverse Effect ◽  
Developmental Disorders ◽  
Negative Impact ◽  
Competition Law ◽  
Vertical Restraints ◽  
Production Chain ◽  
Legislative History ◽  
Rule Of Reason ◽  
Restrictive Trade ◽  
History Of

India’s Competition Act, 2002, deals with anti-competitive agreements in section 3, dividing them into horizontal and vertical agreements. Horizontal agreements are those between enterprises at the same stage of the production chain, such as between two rivals; these are dealt with under a presumptive rule that appreciable adverse effect on competition is presumed. Vertical agreements are those between enterprises at different stages of the production chain, such as between manufacturer and distributor. These are dealt with on a rule of reason basis, ie appreciable adverse effect on competition needs to be proved by the Competition Commission of India, which essentially means that the positive as well as negative impact of such agreement on competition will have to be taken into account before coming to any conclusion. These concepts will be discussed at length in the later sections of this article. The focus of this article is on vertical agreements and the resultant market distortions. The following segments of the paper will deal with the legislative history of the infant competition law in India, and will analyse the impressions of the vertical restraints in the Indian competition fabric with reference to the Competition Act, 2002 (yet to be enforced), Monopolies and Restrictive Trade Practices Act, 1969 (MRTP), and the Indian and international case laws. The article also touches on the issues of enforcement and the treating of the consequential developmental disorders in the economy.

Modernization of Antimonopoly Policy in Russia (Economic Analysis of Proposed Changes in the Competition Law)

2005 ◽  
pp. 100-116
Author(s):  
S. Avdasheva ◽  
A. Shastitko
Keyword(s):  
Economic Analysis ◽  
Financial Markets ◽  
Financial Services ◽  
Competition Law ◽  
Commodity Markets ◽  
State Aid ◽  
Executive Power ◽  
Rule Of Reason ◽  
Per Se

The article is devoted to the analysis of the draft law "On Protection of Competition", which must substitute the laws "On Competition and Limitation of Monopolistic Activity on Commodity Markets" and "On Protection of Competition on the Financial Services Market". The innovations enhancing the quality of Russian competition law and new norms providing at least ambiguous effects on antimonopoly regulation are considered. The first group of positive measures includes unification of competition norms for commodity and financial markets, changes of criteria and the scale of control of economic concentrations, specification of conditions, where norms are applied "per se" and according to the "rule of reason", introduction of rules that can prevent the restriction of competition by the executive power. The interpretation of the "collective dominance" concept and certain rules devoted to antimonopoly control of state aid are in the second group of questionable steps.

Examining the entry of Walmart into South Africa: A stakeholder management perspective

2019 ◽  
Vol 38 (2) ◽  
pp. 78-89
Author(s):  
Tembinkosi Bonakele ◽  
Dave Beaty ◽  
Fathima Rasool ◽  
Drikus Kriek
Keyword(s):  
South Africa ◽  
Trade Unions ◽  
Negative Impact ◽  
Stakeholder Management ◽  
Sources Of Information ◽  
Key Stakeholders ◽  
Management Perspective ◽  
Labour Standards ◽  
History Of ◽  
Primary Focus

The recent entry of the US multinational Walmart into South Africa has proved to be a source of controversy. Key stakeholders in South Africa objected to the merger and attempted to block it unless certain conditions were met. The aim of this study was to examine the controversy and the conditions surrounding the merger. The research employed a qualitative archival analysis to examine publicly available sources of information with regard to the merger. The findings revealed key stakeholders’ concerns that Walmart’s entry would lead to an increase in imports which would displace local producers, increase unemployment, marginalise trade unions and lower labour standards unless certain conditions were met. The results also revealed problems relating to the firm’s primary focus on “business” while neglecting “public interest” issues, naively relying on their “local retailer” to manage key stakeholders, and assuming that their perceived controversial reputation regarding treatment of trade unions and their views about unemployment as well as the controversies surrounding their history of entry into other global markets would not have the major negative impact it did on stakeholders in South Africa.

Uncovering the Rationale for Requiring Infertility in Surrogacy Arrangements

2003 ◽  
Vol 29 (2-3) ◽  
pp. 337-362
Author(s):  
Robin Fretwell Wilson
Keyword(s):  
Legislative History ◽  
Rational Requirement ◽  
History Of ◽  
Apparent Reason

Anyone who reads numerous statutes is frequently left scratching his or her head: is this provision a deliberate, rational requirement or filler thrown in for no apparent reason? One puzzling requirement peppering state surrogacy statutes is the limitation of surrogate parenting arrangements to couples in which the intended mother is infertile, unable to bear a child or unable to carry the child without unreasonable risk to the mother or child. The legislative history of these statutes offers no explanation for this emphasis on maternal infertility.The only attempted justification for such a requirement comes from commentators who argue that it bars women who want to avoid the nuisance of being pregnant and giving birth from using a surrogate.

scholarly journals Assessment of the Sexual Violence Situation in a Regional Hospital in Guatemala: The Need for a Multidisciplinary Clinic

2017 ◽  
Vol 4 (suppl_1) ◽  
pp. S105-S105
Author(s):  
Blanca Soto ◽  
Miriam Canet ◽  
Diego Erdmenger
Keyword(s):  
Sexual Violence ◽  
Physical Violence ◽  
Negative Impact ◽  
Epidemiological Data ◽  
Depth Analysis ◽  
Significant Negative Impact ◽  
Comprehensive Health ◽  
History Of ◽  
Hepatitis B Testing

Abstract Background Sexual violence is a global health problem, in terms of age and sex, showing a significant negative impact on health. Incidence in Guatemala is among the highest of the region reaching an average of 23 cases reported daily nationally per statistics from the Ministry of Health in 2015. Methods Retrospective analysis of the database of all sexual violence cases reported from a secondary -level national hospital in Guatemala from January 2005 to September 2015 (period A) and in-depth analysis on demographic and epidemiological data along with information of the follow-up of cases between January 2012 and September 2015 (period B) was performed. Results Period A: 500 cases; female (96%; 481/500). Assault occurred between 16–20 years (34%; 163/481) 11–15 years (22.25%; 107/481), and 21–30 years (22.04%; 106/481). From all reported male cases, 73.68% (14/19) occurred under 15 years. Period B: 154/217 (70.96%) cases included; female (95.45%; 147/154), mean age: 17.87 years. Assault occurred in public spaces (57.14%; 88/154) and victim’s home (29.87%; 46/154). Almost 13% of victims reported history of previous assault, 5.84% by the same aggressor. More than one aggressor participated in 36.37% of assaults. Physical violence was associated in 57.79% of cases. Most victims (92.76%; 141/152) consulted within 72 hours of the assault. HIV, VDRL, and Hepatitis B testing performed in 100, 52, and 33.77%, respectively, were negative. Follow-up visits at 3, 6, and 12 months after the aggression were attended by 20.78% (30/154), 1.95% (3/154), and 1.95% (3/154) of victims, respectively. Psychology support was completed only in 18.18% (28/154). Emergency contraception was provided when indicated; pregnancy as result of the aggression was reported in nine cases (5.84%). Conclusion The study shows that young women were the most vulnerable group for sexual violence. There is a lack of multidisciplinary approach and follow-up. Interventions on infectious diseases screening have to be optimized to reduce the risk of ETS transmission. This evidence supports the need for a specialized clinic to ensure access to comprehensive health services for victims. Disclosures All authors: No reported disclosures.

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