The Role of the Judicial System for the Development of Competition (The Antitrust Legislation and Its Implementation)

2011 ◽  
pp. 114-124
Author(s):  
P. Kryuchkova
Keyword(s):  
Judicial System ◽  
Tacit Collusion ◽  
Antitrust Law ◽  
Judicial Process ◽  
Positive Effects ◽  
Standards Of Proof ◽  
Antitrust Legislation ◽  
High Standards ◽  
The One

The article is devoted to the influence of the judicial system on the competition development in Russia. The role of the judicial system in forming acceptable standards of proof in antitrust cases, in decreasing uncertainty in the antitrust law implementation is discussed. The issue of possible increase of the role of antitrust law private enforcement is also discussed. The article argues that the influence of the judicial system on antitrust law implementation and competition is ambiguous. On the one hand, there are some positive effects from decreasing uncertainty in the law implementation, rather high standards of proof in the majority of antitrust cases, really adversary character of the judicial process. On the other hand, the judicial authorities position on some issues, for instance qualification of tacit collusion, has turned for the worse. The serious problem is lowering the standards of proof in some politically committed cases.

scholarly journals Accessibility and attractiveness of primary care services in Algeria: Models of spatial interaction of the NHPF of the Eastern Health Region

2017 ◽  
Vol 1 (2) ◽  
pp. 24-34
Author(s):  
Nasreddine AISSAOUI ◽  
Said BRIKA
Keyword(s):  
Spatial Interaction ◽  
Eastern Health ◽  
Negative Effects ◽  
Positive Effects ◽  
Care Services ◽  
Primary Care Services ◽  
Eastern Algeria ◽  
The One ◽  
Financial Allocation

The restructuring of basic health care structures represented by public institutions nearby care in Algeria, according to Executive Decree 07/140 of 19 May 2007, could have effects both positive and negative: positive effects as we quote the approximation of diversified health services towards the citizen. As for the negative effects they live in ignorance of the real role of this kind of structure, namely the prevention in the broad sense of the term before the one of care. Among the results of our case study on the 7 wilayas of eastern Algeria, we noted: a small financial allocation and a shortage of medical and paramedical human resources, which have frozen the role of these NHPF, and which have favored the caregiver’s recourse to hospital emergencies. On the other hand, we have also noticed the sufficient number of these structures throughout all the communes of the country and their proximity to the living environments, despite the derisory number of services rendered, which were able to meet certain needs of the inhabitants.

The Use of Blood Money in the Establishment of Non-Justice: Necrodomination and Resistance

2019 ◽  
pp. 160-186
Author(s):  
Cem Özatalay ◽  
Gözde Aytemur Nüfusçu ◽  
Gülistan Zeren
Keyword(s):  
Social Hierarchy ◽  
Judicial Process ◽  
The Social ◽  
Blood Money ◽  
Perpetrators And Victims ◽  
The One ◽  
The Right ◽  
Relationship Of ◽  
The Relationship

The use of blood money by powerful people during the judicial process following different kinds of homicides (workplace homicides, state homicides, gun homicides and so on) has become commonplace within the neoliberal context. Based on data obtained from five cases in Turkey, this chapter shows, on the one hand, how the use of blood money serves as an effective tool in the hands of powerful people to consolidate power relations, particularly necropower, as well as the relationship of domination, which rests upon class and identity-based inequalities. The analysis indicates that the blood money offers made by powerful people allows them to minimize potential penalties within penal courts and also to keep their privileged positions in the social hierarchy by purchasing the ‘right to kill’. On the other hand, the resistance of the oppressed and aggrieved people to the subjugation of life to the power of death is analysed with a particular focus on the role of power asymmetries between perpetrators and victims and their unequal positions in the social hierarchy. This conflictual relationship, which we qualify as an expression of necrodomination, offers novel insights into Turkey’s historically shaped system of domination.

Illegality of Tacit Collusion in Russian Antitrust Legislation: Could Economists Be Useful to Generate Legal Rules?

2011 ◽  
pp. 87-102 ◽  
Author(s):  
S. Avdasheva
Keyword(s):  
Tacit Collusion ◽  
Type I ◽  
Type I Errors ◽  
Legal Rules ◽  
Monopoly Price ◽  
Concerted Practice ◽  
Standards Of Proof ◽  
Antitrust Legislation ◽  
Definition Of ◽  
Abuse Of Dominance

The article is devoted to antitrust policy towards tacit collusion as a form of coordination that restricts competition. Competing approaches to define tacit collusion, i.e. concerted practice and excessive monopoly price as an abuse of dominance, are compared. The evidence that allows to reject the hypothesis on concerted practice as a form of tacit collusion is discussed and compared with the criteria used by Russian antitrust authorities to consider practice as concerted. The standards of proof adopted leave the possibility for type I errors when actions of sellers which had no intention to restrict competition and/or coordinate the prices are qualified as illegal. Moreover, there is a possibility to qualify as illegal the actions that do not comply with the definition of concerted practice in the law "On protection of competition".

scholarly journals Payment for legal services in the USA civil procedure: Contingent fee, American rule and their impact on the judicial caseload

2021 ◽  
Vol 12 (3) ◽  
pp. 693-711
Author(s):  
Dmitrii V. Kniazev ◽  
◽  
Keyword(s):  
Judicial System ◽  
Legal Services ◽  
The Us ◽  
Contingent Fee ◽  
Settlement Agreement ◽  
The Usa ◽  
The Moment ◽  
The One ◽  
The Right

The article deals with the influential mechanism of the contingent fee and the American rule on the number of filings to the US judicial system, and, consequently, on the judicial caseload as a whole. The author concludes that at the moment there is no uniform idea about the role of contingent fee arrangements and the American rule in the growth of the number of filings to courts. There are two opposing views on this issue: those who stand on the side of the plaintiffs’ attorneys (and therefore for the contingent fee and for the American rule), on the one hand, and those who act on behalf of the defendants (which means against these institutions). With certainty, it can only be argued that the contingent fee and the American rule complement each other. The contingent fee justifies its existence by expanding the accessibility of justice. Under the fee, those who are unable to pay for the services of a lawyer get the opportunity to go to court. And this availability is largely based on the plaintiff ’s belief that even in the event of a loss, he will not have to pay the defendant’s costs. Together, these rules, according to their supporters, make it possible to ensure the implementation of one of the unshakable values — the right of every American to get their “day in court”. At the same time, many facts indicate that the “bundle” of the contingent fee and the American rule has led to an increase in the number of clearly unreasonable, frivolous, nuisance lawsuits that are filed not with the aim of obtaining a positive court decision, but only to persuade the defendant to accept a settlement agreement on the payment of compensation to the plaintiff.

scholarly journals Analysis of the role of collectivism in light of the recent literature on the big triangle: Institutions, culture, and economic development

2021 ◽  
Vol 7 (3) ◽  
pp. 185-199
Author(s):  
Necati Berk
Keyword(s):  
Economic Growth ◽  
Political Institutions ◽  
Economic Behavior ◽  
Extensive Literature ◽  
Positive Effects ◽  
Cultural Variables ◽  
Hand Part ◽  
Wealth Of Nations ◽  
The One

Why do similar economic and political institutions function differently in various cultures? Do cultural traits, differences in individualism versus collectivism, have a causal impact on economic behavior and development? This article presents a recent survey of the literature on the relationship between culture, institutions, and economic growth. On the one hand, part of the literature indicates that there is a one-way causality from culture to institutions and economic performance. On the other hand, there is an extensive literature that has established causality from institutions to economic growth and culture. However, a growing body of empirical research demonstrates that culture and institutions interact in two ways and complement each other affecting long-term growth. Research documents cultural variables affecting a great deal of economic activity and institutions across the world. Recent dominant discourse on the role of the individualism-collectivism cleavage in the determination of the wealth of nations has attempted to examine the positive effects of individualism rather than collectivism. This paper shows that the advantages of collectivism have been rarely researched within economic literature. Taking into account collectivism can shed light on various puzzles in economics, such as solving collective action problems.

The Abbess and Mrs. Brown: Lady Mary Knatchbull and Royalist Politics in Flanders in the late 1650s

1999 ◽  
Vol 24 (3) ◽  
pp. 288-308 ◽  
Author(s):  
Caroline M.K. Bowden
Keyword(s):  
Early Modern ◽  
Early Modern Period ◽  
Standards Of Practice ◽  
Modern Period ◽  
Difficult Time ◽  
Life Challenges ◽  
High Standards ◽  
Charles Ii ◽  
The One

The letters of Mary Knatchbull, abbess of the English Benedictine Convent in Ghent between 1650 and her death in 1696, are of considerable interest. They reveal a woman operating with significant influence in two discrete spheres: the enclosed cloister and the royalist court in exile. This article will consider briefly the religious career of Mary Knatchbull and her importance to the Benedictines of Ghent, before examining in detail her part in the restoration of Charles II. It examines the unexpressed dichotomy of seemingly irreconcilable rôles performed by a member of an enclosed Order who on the one hand, in fulfilling her vows, was submissive and obedient, and yet on the other, was able to communicate with senior royalist advisers confidently and involve herself in the strategic planning of the campaign for the return of Charles II to England. As abbess, Mary Knatchbull led her community effectively at a difficult time. Under her leadership the convent survived an expensive building programme, established a successful new house and maintained high standards of practice in the religious life of the convent. From conventual records, it is clear that she was considered one of the outstanding abbesses of the seventeenth century in the English Benedictine community. Her correspondence with the royalists ministers in exile shows her opinions were taken seriously. She was regarded as a competent organiser and she had extensive links covering Flanders, France and England that kept her in touch with developments of interest to the king. Hitherto her life has been little known and published writing has been largely devoted to her rôle as an abbess. Mary Knatchbull’s life challenges categorisation and shows the importance of flexibility of approach to understanding the rôle of women in the early modern period.

scholarly journals Brand’s CSR Influence on Consumers’ Prosocial Behavior in Unrelated Domains

2018 ◽  
Vol 17 (1) ◽  
pp. 139-149
Author(s):  
Angela Negrão ◽  
Danielle Mantovani ◽  
Lucas Magalhães De Andrade
Keyword(s):  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Prosocial Behavior ◽  
Social Distance ◽  
Social Outcomes ◽  
Positive Effects ◽  
Social Cause ◽  
The One ◽  
Corporate Social

This study proposes that Corporate Social Responsibility (CSR) activity may positively influence consumers prosocial behavior. However, this effect is moderated by the consumer-brand social distance. In two experiments, we show that consumers close to the brand become more prosocial in situations unrelated to the cause supported by the company when they are exposed to the brands prosocial communication, compared to those who are distant from the brand. This paper contributes to furthering CSR theory by showing the positive effects of brand CSR initiatives on secondary social outcomes, such as consumers volunteering and donating money to a social cause not closely related to the one promoted by the company. Besides, this paper also contributes theoretically by showing the moderation role played by consumer-brand social distance. Important implications for the role of CSR are useful for companies and society in general, since the paper demonstrates that brands prosocial behavior can influence consumers prosocial behavior beyond the brand context only.

scholarly journals A Review of the Role of Micronutrients and Bioactive Compounds on Immune System Supporting to Fight against the COVID-19 Disease

Foods ◽  
2021 ◽  
Vol 10 (5) ◽  
pp. 1088
Author(s):  
Montaña Cámara ◽  
María Cortes Sánchez-Mata ◽  
Virginia Fernández-Ruiz ◽  
Rosa María Cámara ◽  
Elena Cebadera ◽  
...  
Keyword(s):  
Immune System ◽  
Scientific Evidence ◽  
Well Being ◽  
Vital Role ◽  
Health Claims ◽  
Positive Effects ◽  
Improved Outcomes ◽  
The One ◽  
Potential Use

Micronutrients are critical for an adequate function of the immune system and play a vital role in promoting health and nutritional well-being. The present work is aimed at reviewing (1) the role of micronutrients in helping the immune system to fight against the COVID-19 disease through the diet with food or food supplements and (2) the potential use of food health claims regarding immune function according to the European Food Safety Authority (EFSA) requirements. Till date, there are some health claims authorized by the European Commission that refer to the role of certain essential nutrients (vitamins B6, B9, B12, A, D, C, and Cu, Fe, Se) to contribute to the proper functioning of the immune system. Vitamins D, C, Zn, and Se, have been thoroughly studied as a strategy to improve the immune system to fight against COVID-19 disease. From all the micronutrients, Vitamin D is the one with more scientific evidence suggesting positive effects against COVID-19 disease as it is linked to a reduction of infection rates, as well as an improved outcomes in patients. To validate scientific evidence, different clinical trials are ongoing currently, with promising preliminary results although inconclusive yet.

You Are the One I Want to Communicate With!

2013 ◽  
Vol 44 (1) ◽  
pp. 16-25 ◽  
Author(s):  
Sabrina Pierucci ◽  
Olivier Klein ◽  
Andrea Carnaghi
Keyword(s):  
Memory Bias ◽  
Shared Reality ◽  
Communication Partner ◽  
Shared Reality Theory ◽  
The One ◽  
Study Participants

This article investigates the role of relational motives in the saying-is-believing effect ( Higgins & Rholes, 1978 ). Building on shared reality theory, we expected this effect to be most likely when communicators were motivated to “get along” with the audience. In the current study, participants were asked to describe an ambiguous target to an audience who either liked or disliked the target. The audience had been previously evaluated as a desirable vs. undesirable communication partner. Only participants who communicated with a desirable audience tuned their messages to suit their audience’s attitude toward the target. In line with predictions, they also displayed an audience-congruent memory bias in later recall.

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