Die Spürbarkeit bezweckter und bewirkter Wettbewerbsbeschränkungen

2021 ◽  
Author(s):  
Asja Zorn
Keyword(s):  
Competition Law ◽  
Complex Interaction ◽  
Legal Interpretation ◽  
Systematic Analysis ◽  
Different Types

This work deals with the complex interaction of the key elements of the prohibition on restrictive agreements in European and German competition law. It does not stop at a meta-legal interpretation based on outcome or interests, but develops the foundations of restrictions by object and effect and its appreciability by means of historical and systematic analysis, starting from the teleology of the rules. The consequences for the assessment of different types of agreements are also discussed in detail. It thus provides the user with a sound framework for the application of Art. 101 (1) TFEU and § 1 GWB.

Competition Policy and Price Fixing

2013 ◽  
Author(s):  
Louis Kaplow
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
Direct Approach ◽  
Social Harm ◽  
Systematic Analysis ◽  
Oligopoly Theory ◽  
Different Types ◽  
Error Costs ◽  
Benefits And Costs ◽  
Desirable Behavior

Throughout the world, the rule against price fixing is competition law's most important and least controversial prohibition. Yet there is far less consensus than meets the eye on what constitutes price fixing, and prevalent understandings conflict with the teachings of oligopoly theory that supposedly underlie modern competition policy. This book offers a fresh, in-depth exploration of competition law's horizontal agreement requirement, presents a systematic analysis of how best to address the problem of coordinated oligopolistic price elevation, and compares the resulting direct approach to the orthodox prohibition. The book elaborates the relevant benefits and costs of potential solutions, investigates how coordinated price elevation is best detected in light of the error costs associated with different types of proof, and examines appropriate sanctions. Existing literature devotes remarkably little attention to these key subjects and instead concerns itself with limiting penalties to certain sorts of interfirm communications. Challenging conventional wisdom, the book shows how this circumscribed view is less well grounded in the statutes, principles, and precedents of competition law than is a more direct, functional proscription. More important, by comparison to the communications-based prohibition, the book explains how the direct approach targets situations that involve both greater social harm and less risk of chilling desirable behavior—and is also easier to apply.

The Role of Evaluative Tools in the Creation of the Memorial Media Portrait of Jacques Chirac (1932—2019)

2020 ◽  
pp. 97-110
Author(s):  
E. N. Mikhailova ◽  
V. A. Telegina
Keyword(s):  
Print Media ◽  
Political Elite ◽  
Systematic Analysis ◽  
Research Material ◽  
Political Orientations ◽  
Different Types ◽  
The Media ◽  
The Creation ◽  
Entire Text

The article is devoted to the study of evaluative tools used in modern French media in order to form the media image of a representative of the political elite. The techniques used in the creation of a memorial media portrait of Jacques Chirac (1932—2019), President of France from 1995 to 2007 are considered. The research material was the most prestigious French print media of various political orientations, published in late September — early October 2019 in connection with the death of the ex-President of the French Republic. The relevance of the research topic is dictated by the close attention of modern linguistics to axiological phenomena, differently presented in different types of discursive practices. The novelty of the study is due to the appeal to the analysis of the complex of evaluation tools used in the French print media when characterizing the former leader of the state during the nation’s farewell period. The estimated potential of the title of the article and its influence on the formation of the estimated vector of the entire text of the publication are shown. A systematic analysis of the assessment expression means, reflected in the memorial media portrait of the politician, is given. The factors that influenced the peculiarities of their use in this type of media portrait are revealed.

DIRECTIONS OF IMPROVEMENT OF RISK MANAGEMENT SYSTEM IN THE FIELD OF LOGISTICS ACTIVITIES

2017 ◽  
Author(s):  
Elena Lytvynenko ◽  
◽  
Taisiya Kozlova ◽  
Keyword(s):  
Risk Management ◽  
Practical Experience ◽  
Logistics System ◽  
Systematic Analysis ◽  
Qualitative And Quantitative ◽  
Different Types ◽  
Rational Management ◽  
Enterprise Logistics ◽  
Risk Acceptability ◽  
Logistics Activity

The changeable and unpredictable development of the enterprises’ external environment is one of the appearance causes of various types of business activities' risks, including logistics. The purpose of this article is to develop recommendations on improving the risk management of enterprises’ logistics activities in the context of instability. Achieving this goal requires consideration of the main stages of this process regarding the logistics activities' risks, providing advices on improving the process of risk management of logistics orientation. The article explores the process of analyzing the logistics activities' risks of the enterprise. Proceeding from the theoretical provisions of management and summarizing the practical experience of research in the field of systematic analysis of the enterprises' logistics activities risks, there are traced the organization's peculiarities of such analysis, and the main directions of its further improvement are proposed. All actions in the article, which are related to the analysis of the risk of enterprise logistics activity, are proposed to carry out in a certain sequence in the article. This sequence is given in the form of a structural scheme of systematic analysis of the risks of the enterprise logistics activities. Based on the objectivity of the existence of logistics activities' risks and the need to ensure the rational management of them, the algorithm of the risk management in the enterprise logistics system covers the stages of risks' identification, their qualitative and quantitative assessment, diagnostics, assessment of risk acceptability and application of neutralization measures to unacceptable logistical risks. It is concluded that the logistics activities risks combine different types of risks of all components and elements both in the process of changing material, financial and information flows, as well as in the process of managing the risks arising in the logistics system

Concentrations in the Aviation Sector: How to maintain the level playing field for airlines and airports?

2021 ◽  
Vol 24 (3) ◽  
pp. 485-511
Author(s):  
Valentine Lemonnier
Keyword(s):  
Competition Law ◽  
Air Transport ◽  
Transport Sector ◽  
Level Playing Field ◽  
Playing Field ◽  
Market Participants ◽  
Free Competition ◽  
Eu Competition Law ◽  
Different Types ◽  
The Eu

Before the Covid-19 pandemic hit, the scheduled passenger air transport sector was already subject to several horizontal concentrations. The mix of free competition and strict regularization in the air transport sector in the EU raises the question whether the current framework will still be able to provide a level playing field to the market participants, notably airlines and airports. The study focusses on how EU competition law has influenced horizontal concentrations (i.e. mergers and horizontal co-operations) in the scheduled passenger air transport sector. The results of the discussion are the basis for a reflection of the effects of different types of horizontal concentrations on the negotiation power of airlines vis-à-vis airports. A third focus of the study is the identification of regulatory weaknesses with regard to airport financing under the Airport Charges Directive (Directive 2009/12/EC), how those weaknesses benefit airlines and how they might interfere with efforts made under the application of competition law.

scholarly journals Inteligencia y derechos humanos en la sociedad digital | Intelligence and Human Rights in Digital Society

2019 ◽  
pp. 168
Author(s):  
Jesús Ignacio Martínez García
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Emotional Intelligence ◽  
Human Dignity ◽  
Complex Interaction ◽  
Point Of View ◽  
Cognitive Dimension ◽  
Intelligent Machines ◽  
Derechos Humanos ◽  
Different Types

Resumen: Se efectúa una aproximación a los derechos humanos desde la perspectiva de la inteligencia en sus distintas facetas, especialmente desde la inteligencia artificial pero también desde la inteligencia institucional y la emocional. Aparecen como derechos inteligentes, que desarrollan la inteligencia de los individuos y hacen a las sociedades más inteligentes. Se presenta su dimensión cognitiva y su capacidada para cuestionar programas. Son instancias críticas que preservan la dignidad de los seres humanos en su compleja interacción con las máquinas inteligentes y estimulan un pensamiento no mecánico. Absrtact: This article aims to give an approach to the human rights from the point of view of intelligence in their different types, especially from artificial intelligence, but also from institutional and emotional intelligence. They appear as smart rights that develop the intelligence of the individuals and make societies more intelligent. Their cognitive dimension is shown, as well as their capacity to question programs. They are critical instances that preserve the human dignity in their complex interaction with intelligent machines and stimulate a not-mechanical thinking.

scholarly journals Quantitative Cooperation Analysis among Cross-chain Smart Contracts

2021 ◽  
Author(s):  
Hong Su
Keyword(s):  
Interaction Network ◽  
Complex Interaction ◽  
Edge Weight ◽  
Smart Contracts ◽  
Different Types ◽  
The Cross

<div>In cross-chain scenarios, there are different blockchains, which need to cooperate. Cooperation among different blockchains is done by smart contracts that work together to complete cross-chain tasks. When numerous cooperative smart contracts are involved, smart contracts form a complex interaction network, which makes it difficult to evaluate the cooperation. It needs a common model to quantitatively analyze the cross-chain cooperation of associated smart contracts. In this paper, we model the cooperation among smart contracts as conditions and their corresponding actions, the condition-trigger model. Then we propose the method to calculate the cooperation probabilities by the graph weight. As the edge weight lacks the information of interaction probabilities, we introduce the dimension of the edge weight to calculate the probabilities. Finally, we verify the proposed condition-trigger model and its different types. It demonstrates that our proposed methods can effectively analyze the cross-chain cooperation among smart contracts.</div>

Object and intention under Article 101 TFEU: Lessons from Australia, New Zealand and analytical jurisprudence

2019 ◽  
Vol 48 (3) ◽  
pp. 114-141
Author(s):  
Kelvin Hiu Fai Kwok
Keyword(s):  
European Union ◽  
New Zealand ◽  
European Commission ◽  
Common Law ◽  
Competition Law ◽  
Legal Interpretation ◽  
The European Union ◽  
Analytical Basis ◽  
The World ◽  
The Relationship

What does it mean for an agreement to have an anticompetitive ‘object’ under Article 101(1) of the Treaty on the Functioning of the European Union? Can the European Commission support an ‘object’ case by reference to the agreement parties’ subjective intention, and if so, how? What exactly is the relationship between an agreement’s object and the parties’ subjective intention under competition law? This article is the first to bring insights from Australian and New Zealand cases, as well as analytical jurisprudence, to bear on these underexplored yet important questions affecting the European Union and common law jurisdictions around the world. Using Ronald Dworkin’s theory of legal interpretation as the analytical basis, this article argues for a ‘mixed’ conception of the ‘object’ concept which enables an anticompetitive object to be proven either objectively or subjectively. Anticompetitive subjective intention accordingly provides an independent, alternative basis for competition law liability for agreements; the lack of such intention, meanwhile, does not help exculpate parties who are liable based on their objective purpose to restrict competition. This article also argues that voluntariness and evidentiary limits ought to be imposed on the use of anticompetitive subjective intention in the ‘object’ analysis of agreements.

Necessity and Proportionality in Morality and Law

2020 ◽  
pp. 3-38
Author(s):  
Jeff McMahan
Keyword(s):  
Moral Philosophy ◽  
Moral Theory ◽  
Armed Conflict ◽  
Final Section ◽  
Systematic Analysis ◽  
Jus In Bello ◽  
Jus Ad Bellum ◽  
Law Of Armed Conflict ◽  
Different Types ◽  
The Law

This chapter offers a systematic analysis of the notion of proportionality in both moral philosophy and law, particularly the law of armed conflict. Proportionality is a constraint on different forms of justification for harming people. There are thus different forms of proportionality corresponding to different types of justification. The proportionality constraint should not be conflated with a different constraint—the necessity constraint—which in turn must be carefully distinguished from necessity as a form of justification. The chapter explains how the proportionality constraint and the necessity constraint are distinguished by the different comparisons they require. It further explains the relations between the requirement of proportionality in jus ad bellum and the requirement of proportionality in jus in bello and argues that the criterion of proportionality in the law of jus in bello is actually incoherent. The final section elucidates the various matters of moral theory that are relevant to understanding how the requirement of proportionality applies in practice to the action of combatants who fight in just wars.

scholarly journals Proposals on establishing a methodology for the systematic analysis of energy coal mixtures in judicial practice

2020 ◽  
Vol 305 ◽  
pp. 00059
Author(s):  
Csaba Lorinţ ◽  
Eugen Traistă ◽  
Adrian Florea
Keyword(s):  
Chemical Properties ◽  
Volatile Matter ◽  
Matter Content ◽  
Mineralogical Analysis ◽  
Systematic Analysis ◽  
Hygroscopic Moisture ◽  
Judicial Practice ◽  
Physico Chemical ◽  
Different Types ◽  
Coal Mixtures

There are several situations in which it is necessary to clarify the types of coal that enter into the composition of mixtures: technical expertise and/or establishing the nature of some coal wastes, often from old stockpiles, in order to eliminate them. The proposed method is based on the identification and description of those mineralogical-petrographic and physico-chemical properties whose pursuit can lead to a diagnosis in differentiation of coal types. Systematic analysis involves in the first stage the identification of the different types of coal present in the sample by mineralogical analysis. From the sample subjected to mineralogical analysis, granules are extracted from the different types of coal present in the sample and the characteristics defining them are determined: moisture and hygroscopic moisture content, volatile matter content, fixed carbon content, agglutination characteristics, etc. Further, the characteristics of the mixtures are determined on another part of the sample and their structure is determined by algebraic methods.

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