Merger remedies: key recent developments in the CMA's practice

2020 ◽  
Vol 19 (4) ◽  
pp. 190-195
Author(s):  
Daniel Vowden ◽  
◽  
Patrick Meaney ◽  
Keyword(s):  
Effective Means ◽  
Key Factors ◽  
Wide Margin ◽  
Margin Of Appreciation ◽  
Recent Developments ◽  
Merger Remedies ◽  
Conventional Practice ◽  
Media Group

The Competition and Markets Authority (CMA), in common with other competition authorities, strongly favours structural remedies (i.e. business or asset disposals) as the most effective means to restore competition eliminated by a merger. Behavioural remedies (i.e., measures that seek to regulate the ongoing behaviour of the merger parties) are not generally favoured by the CMA. In considering the effectiveness of proposed remedies, the recent judgment in Ecolab v. CMA demonstrates that the CMA is afforded a wide margin of appreciation. That same margin of discretion was notably exercised by the CMA in the Bauer Media Group Inquiry where, contrary to conventional practice, it accepted a complex behavioural remedy in preference to structural alternatives. This article explores these two cases in greater detail and identifies some key factors that inform the CMA's conduct in relation to merger remedies.

Recent Developments in EU Merger Remedies

2020 ◽  
Vol 11 (5-6) ◽  
pp. 309-326
Author(s):  
Christopher Cook ◽  
Sven Frisch ◽  
Vladimir Novak
Keyword(s):  
Recent Developments ◽  
Merger Remedies

Salmon fishing in the severn: Judicial deference to regulatory judgments based on scientific assessments

2017 ◽  
Vol 19 (3) ◽  
pp. 201-209
Author(s):  
Patrick Bishop
Keyword(s):  
Environmental Law ◽  
Scientific Evidence ◽  
Decision Makers ◽  
Final Decision ◽  
Wide Margin ◽  
Probative Value ◽  
Regulatory Decision ◽  
Margin Of Appreciation ◽  
Environment Agency ◽  
Court Of Appeal

To claim that environmental law is heavily influenced by science is to make a rather trite assertion. Disputes about the probative value of scientific and technical evidence when used as the basis for a regulatory decision are therefore not uncommon. R. (on the application of Mott) v Environment Agency is an example of this phenomenon. In particular, the key issue was whether the Environment Agency had acted perversely (in judicial review terms) by relying on contested scientific evidence as the justification for imposing catch limitations designed to preserve salmon stocks in the river Wye. In finding for the Agency, the Court of Appeal restated and reaffirmed the established principle that decision makers ought to be afforded a wide margin of appreciation in such cases; a principle which reinforces the view that the courts are not an appropriate forum for the resolution of scientific and technical disputes. In commenting on this decision it is contended that the position of the courts in this regard has the potential to undermine the rationale of evidence-based decision making. However, it is impractical in most instances for a regulator to wait for a scientific consensus to emerge, particularly when acting to protect a threatened species. As a compromise solution, it is suggested that prior consultation at least has the potential to allow affected parties to scrutinise the available science, and offer alternative evidence prior to the final decision.

Functional Neuroimaging of PTSD

2016 ◽  
Author(s):  
Marie-France Marin ◽  
Mohammed R. Milad
Keyword(s):  
Post Traumatic Stress Disorder ◽  
Traumatic Stress ◽  
Stress Disorder ◽  
Functional Neuroimaging ◽  
Post Traumatic Stress ◽  
Key Factors ◽  
Current State ◽  
Recent Developments ◽  
Post Traumatic ◽  
Novel Approaches

The merger of neuroscience and psychiatry during the last two decades has enabled psychiatric neuroscience, as a newly refined discipline, to make great advances in understanding pathophysiology of psychiatric disorders, including post-traumatic stress disorder (PTSD). The advent of neuroimaging tools and the continued exponential growth and sophistication of the methods are key factors underlying advances in the field. In this chapter, informed by neuroimaging tools and basic neuroscience, the authors paint an optimistic canvas to illustrate the current state of knowledge pertaining to the etiology and pathophysiology of PTSD. The chapter describes the state of some recent developments and what is coming on the horizon in terms of novel approaches that may be applied toward the diagnosis and treatment of PTSD.

Positive subsidiarity and its implications for the margin of appreciation doctrine

2019 ◽  
Vol 37 (3) ◽  
pp. 210-227 ◽  
Author(s):  
Eva Brems
Keyword(s):  
Human Rights ◽  
Political Debate ◽  
First Line ◽  
Wide Margin ◽  
Positive Dimension ◽  
European Court ◽  
Margin Of Appreciation

The article presents an argument in favour of a richer theory of subsidiarity in the European Court of Human Rights context. In particular, the proposal is to include what is called a ‘positive’ dimension in subsidiarity thinking. That is to say, the article argues that the scholarly and political debate on ECHR subsidiarity has focused mostly on ECHR restraint, associated with a wide margin of appreciation for the States Parties. There is however a complementary dimension in the subsidiarity layout, which concerns the responsibility of national authorities to offer first-line protection of Convention rights. The article examines the role the European Court of Human Rights can play in facilitating that first-line responsibility. The article explores what this means for the margin of appreciation of national authorities.

Recent Developments in EU Merger Remedies

2017 ◽  
Vol 8 (5) ◽  
pp. 341-360 ◽  
Author(s):  
Christopher Cook ◽  
Vladimir Novak ◽  
Sven Frisch
Keyword(s):  
Recent Developments ◽  
Merger Remedies

G.L. v. Italy

2000 ◽  
Vol 11 (7-8) ◽  
pp. 441-447
Keyword(s):  
Property Rights ◽  
Fundamental Rights ◽  
General Interest ◽  
Judicial Decision ◽  
Wide Margin ◽  
Judicial Decisions ◽  
Margin Of Appreciation ◽  
The Right ◽  
Relationship Of ◽  
Fair Balance

An interference with property under the second paragraph of Article 1 of Protocol No. 1 must strike a “fair balance” between the demands of the general interest and the requirements of the protection of the individual's fundamental rights. There must be a reasonable relationship of proportionality between the means employed and the aim pursued. In determining whether this requirement is met, the State enjoys a wide margin of appreciation with regard both to choosing the means of enforcement and to ascertaining whether the consequences of enforcement are justified in the general interest for the purpose of achieving the object of the law in question. The Italian system of staggering of the enforcement of court orders of evictions is not in itself open to criticism, having regard in particular to the margin of appreciation permitted. However, such a system carries with it the risk of imposing on landlords an excessive burden in terms of their ability to dispose of their property and must accordingly provide certain procedural safeguards so as to ensure that the operation of the system and its impact on a landlord's property rights are neither arbitrary nor unforeseeable. In this case, the landlord had to wait six years and could not apply to a judge for either enforcement or compensation for the delay. Moreover, the right to a court also protects the implementation of final, binding judicial decisions, which cannot remain inoperative to the detriment of one party. Accordingly, the execution of a judicial decision cannot be unduly delayed. While States may, in exceptional circumstances and by availing themselves of their margin of appreciation to control the use of property, intervene in proceedings for the enforcement of a judicial decision, the consequence of such intervention should not be that execution is prevented, invalidated or unduly delayed or, still less, that the substance of the decision is undermined.

The Non Destructive Testing Methods Applied to Detect Cracks in the Hot Section of a Turbojet

2011 ◽  
Vol 61 ◽  
pp. 79-83 ◽  
Author(s):  
Salim Bennoud ◽  
Zergoug Mourad
Keyword(s):  
Guided Waves ◽  
Effective Means ◽  
Industrial Applications ◽  
Non Destructive Testing ◽  
Destructive Testing ◽  
New Techniques ◽  
Scientific Approach ◽  
Recent Developments ◽  
Non Destructive ◽  
Standard Techniques

All aircraft whatever they are; are regularly audited. These controls are mainly visual and external; other controls such as "major inspection" or "general revisions” are more extensive and require the dismantling of certain parts of the aircraft. Some parts of the aircraft remain inaccessible and are therefore more difficult to inspect (compressor, combustion chamber, and turbine). The means of detection must ensure controls either during initial construction, or at the time of exploitation of all the parts. The Non destructive testing (NDT) gathers the most widespread methods for detecting defects of a part or review the integrity of a structure. The aim of this work is to present the different (NDT) techniques and to explore their limits, taking into account the difficulties presented at the level of the hot part of a turbojet, in order to propose one or more effective means, non subjective and less expensive for the detection and the control of cracks in the hot section of a turbojet. To achieve our goal, we followed the following steps: - Acquire technical, scientific and practical basis of magnetic fields, electrical and electromagnetic, related to industrial applications primarily to electromagnetic NDT techniques. - Apply a scientific approach integrating fundamental knowledge of synthetic and pragmatic manner so as to control the implementation of NDT techniques to establish a synthesis in order to comparing between the use of different methods. - To review recent developments concerning the standard techniques and their foreseeable development: eddy current, ultrasonic guided waves ..., and the possibility of the implication of new techniques.

scholarly journals Four Factors that will shape the Future of Work

2020 ◽  
Vol 5 (1) ◽  
Author(s):  
Michal Beno
Keyword(s):  
Technological Progress ◽  
Environmental Changes ◽  
Key Factors ◽  
Future Of Work ◽  
Technological Advances ◽  
The Future ◽  
Recent Developments ◽  
Diverse World ◽  
Major Factors ◽  
Complex Activities

The future of work is shaped by technological progress, globalisation and glocalisation, and societal and institutional change. As a result of recent developments, a diverse world of work with significant differences in working conditions by industry and occupation will develop, with a focus on creative, interactive and more complex activities with essential skills. At the same time, demands on companies with regard to innovation and flexibility are growing. To understand the future of work, we believe it is essential to explore four major factors that will impact on the future of work: 1) Technological progress, IT platforms, the sharing and knowledge economy; 2) Demographic, social and environmental changes; 3) Globalisation and glocalisation; and 4) Labour flexibility. Our aim is to gain a better understanding of the dynamics of the future of work by examining these four key factors that influence today’s labour market, because this market is agile, since people can work anywhere at any time. In summary, seeing automation as synonymous with job losses is not correct. We contend that it is a mistake to believe that globalisation and technological advances lead to a reduction in the demand for human employees. However, it is possible that the opposing viewpoints of those who agree and those who disagree with this opinion are causing a polarisation of the workforce. Changes in our society, such as the constantly evolving demography, as well as environmental issues and ICT, have an influence on the way we work, and when, how and where we work.

scholarly journals Recent developments in Wärtsilä gas engines

2010 ◽  
Vol 141 (2) ◽  
pp. 3-11
Author(s):  
Marek SUTKOWSKI
Keyword(s):  
Power Generation ◽  
Development Process ◽  
Modern Technology ◽  
Product Development Process ◽  
Injection System ◽  
Dual Fuel ◽  
Key Factors ◽  
Gas Engine ◽  
Recent Developments ◽  
History Of

A power generation industry is evolving very fast nowadays. A lot of modern technologies have become available recently for a product development process. Also new types of fuels have appeared on the market. All these factors have caused significant changes in a power generation approach. New products enabling more environment-friendly technologies have been introduced by many key-players on the market. This paper describes briefly needs and directions of gas engines development in modern power generation industry. It also presents shortly history of Wärtsilä gas engines together with present gas engine portfolio covering products like: spark ignited gas engine, conventional dual-fuel one and a dual-fuel engine equipped with high-pressure direct gas injection system. The paper focuses on the most important aspects of the recent Wärtsilä gas engines development process explaining also achieved benefits. It covers main features and new fuels introduced during development of specific engine which are key factors for customers willing to use the most modern technology in this field.

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