O DIREITO ANTITRUSTE BRASILEIRO E A REPRESSÃO À CONCORRÊNCIA ILÍCITA: FORMAÇÃO DE CARTÉIS E ACORDOS NA LEI 12.529/2011

The scope of this article is to study Competition Law and establish its conception in and for contemporaneity, based on which the Brazilian System for the Defense of Competition will be analyzed. Given its analytical and critical conception, the work is carried out according to the deductive method, without forgetting the use of the hermeneutic-dialectic approach. After analyzing some instruments considered adequate to repress cartelization, the study clarifies the nuances that permeate it from the perspective of the Competition Defense Law. Understood, in contemporary times, as an instrument for the implementation of public policies aimed at safeguarding free competition, the repression of the abuse of economic power and the pursuit of anti-competitive offenses, the Brazilian Antitrust Law structured a system of dual protection of competition - control of structures and conduct - and, by authorizing CADE to enter into agreements with infringing economic agents, it ensured the use of effective instruments for proving illegal practices, repression- punishment and prevention, especially with regard to cartels.

Financial Returns for Biomass on Short-Rotation Loblolly Pine Plantations in the Southeastern United States

Rising demand for renewable energy has created a potential market for biomass from short-rotation pine plantations in the southeastern United States. Site preparation, competition control, fertilization, and enhanced seedling genotypes offer the landowner several variables for managing productivity, but their combined effects on financial returns are unclear. This study estimated returns from a hypothetical 10-year biomass harvest in loblolly pine plantation using field studies in the Coastal Plain of North Carolina and the Virginia Piedmont testing combinations of tree genotype, planting density, and silviculture. Although enhanced varietal genotypes could yield more biomass, open-pollinated seedlings at 1,236–1,853 trees ha−1 under operational silviculture had the greatest returns at both sites, with mean whole-tree internal rates of return of 8.3%–9.9% assuming stumpage equal to current pulpwood prices. At a 5% discount rate, break-even whole-tree stumpage at the two sites in the optimal treatments was $8.72–$9.92 Mg−1, and break-even yield was 175–177 Mg ha−1 (roughly 18 Mg ha−1 yr−1 productivity), although stumpage and yield floors were higher if only stem biomass was treated as salable. Dedicated short-rotation loblolly biomass plantations in the region are more likely to be financially attractive when site establishment and maintenance costs are minimized. Study Implications: Our study suggests that dedicated loblolly pine plantations in the US Southeast may be managed to generate positive financial yields for biomass over relatively short (10 year) rotation windows, even at lower stumpage value than at present for pulpwood in the region (<80% current). Intensive use of costly inputs like fertilizer, vigorous chemical competition control, and elite genetics in planting stock did improve biomass yields. However, the management combinations that favored the highest financial returns emphasized the least expensive open-pollinated stock, lower-input operational silviculture, and moderate-to-high planting density.

Does It Pay to Conduct Midrotation Competition Control and/or Fertilization? Results from Two Thinned Loblolly Pine Studies in the Coastal Plain of Georgia

The effects of midrotation competition control and fertilization were studied in two loblolly pine stands in the Coastal Plain of Georgia. The use of fertilizer or herbicide alone did not enhance wood yields above the control, which negates the cost spent to conduct these practices. The combined treatment of fertilization and herbicide promoted higher average pine annual increment and greater proportion of sawtimber. Site limiting factors, most likely both competing woody vegetation and low nutrient status, largely determined the effectiveness and priority of midrotation treatments. The economic returns of the combined treatment varied considerably depending on stumpage prices, treatment costs, and magnitude and duration of the growth response. Sawtimber prices (absolute value and relative to pulpwood and chip-n-saw) play a critical role in the marginal returns of midrotation treatments. Continued depressed sawtimber prices will discourage private landowners from investing in midrotation vegetation control and fertilization. Study Implications: Midrotation fertilization and vegetation control can be attractive silvicultural treatments to increase timber volume and economic returns. Assessment of site variables that limit growth, especially soil fertility and plant competition, must be conducted before prioritization of treatments. The economic returns of midrotation treatments vary greatly depending on treatment costs, stumpage prices, and magnitude and duration of pine growth response compared with controls. The pine growth response of particular concern is ingrowth of trees into the sawtimber size class and growth of sawtimber-sized trees. Sawtimber prices play a critical role in the marginal internal rate of return of the additional investment. Lackluster timber prices (especially sawtimber prices) may render investment in midrotation fertilization and vegetation control unattractive and have detrimental effects on timber supply and forest health of the region in the long term.

A Dynamic Competition Control Strategy for Freeway Merging Region Balancing Individual Behaviour and Traffic Efficiency

An integrated control strategy is considered in this paper with the aim of solving congestion in freeway merging regions during peak hours. Merging regions discussed in this paper include the mainline and on-ramp. Traditional research mainly focuses on the efficiency of traffic, ignoring the experience of on-ramp drivers and passengers. Accordingly, a dynamic competition control strategy is proposed to balance individual behaviour and traffic efficiency. First, the concept of the congestion index is introduced, which is expressed by the queue length and the speed parameter of the merging region. The congestion index is used to balance the priorities of the vehicles from the mainline and on-ramp into the merging region in order to avoid poor individual behaviour of on-ramp drivers due to the long-time waiting. Additionally, a nonlinear optimal control approach integrating variable speed limits control and ramp metering is proposed to minimize the total time spent and the maximum traffic flow. The integrated control approach proposed in this paper is tested by simulation which is calibrated using field data. The results indicate that the integrated control approach can effectively shorten the total delay and enhance the traffic service level.

Multidecadal Growth of Western White Pine and Interior Douglas-Fir Following Site Preparation

Site preparation is used to favor seedling regeneration and establishment by enhancing growing conditions and increasing resource availability, yet few studies have compared different site preparation techniques on growth and yield of trees over multiple decades. We destructively sampled 34-year old trees of western white pine (Pinus monticola Douglas ex D. Don) and Interior Douglas-fir (Pseudotsuga menziesii (Mirb.) Franco var. glauca (Beissn.) Franco planted at two sites using a replicated experiment to test the effectiveness of different site preparation treatments: (1) no site preparation, (2) scalping, (3) bedding, and (4) bedding plus three years of competition control with herbicide. Growth and yield were compared among the treatments, and models of growth were developed for each species and treatment combination. The herbicide treatment was the only treatment that consistently improved growth and yield of both species resulting in 19%–30% gains in height, 43%–63% gains in diameter, and 31%–109% gains in stem volume by age 34. Height growth response to herbicide was sustained until age 14 for white pine and age 12 for Douglas-fir, while the diameter response was sustained until age 23 for white pine and 20 for Douglas-fir. The later peak in growth for white pine suggests a better response to treatment and that the species was able to maintain higher growth following crown closure. Both species exhibited a Type 2 growth response to herbicide, suggesting competition control resulted in sustained gains over time with associated age shifts of 8.5 and 9.7 years for white pine and 7.1 and 10.2 years for Douglas-fir, height and diameter, respectively. This compares to scalping and bedding which produced no detectable difference in growth compared to the control, and in some instances, reduced growth. In the Northern Rocky Mountains, moisture is most limiting. This is likely why trees showed the greatest response to competition control. Interestingly, this growth was sustained well beyond seedling establishment.

Telegraph as a mediating technology of organization

This chapter explores the magic invention of the telegraph. As the first technology to detach communication from slow, physical means of transportation, the telegraph ushered in new ways of communicating and organizing. It also raised questions about competition, control, and politics that are not so different from the ones we struggle with in relation to present-day technological transformations. The telegraph, just like later technological innovations, invites us to think about organization, institutionalization, and social ordering in new ways. By revisiting ideas from the so-called Chicago School—a group of sociologists seeking to make sense of the telegraph and other technological inventions—this chapter connects the past and the future of technology and social ordering.

PENEGAKAN HUKUM TERHADAP PELAKU USAHA KEGIATAN-KEGIATAN YANG DILARANG

The Law Number 5 of 19991 abaut Monopoly practice and unfair bussines competition is one legal refor claims. It is hoped to be able to regulate a good bussines to build a fair competition. Beside “forbidden commitments” form, the law also regulate “forbidden activities”. The kinds of forbidden activities are monopoly, monopsony, marketing segment control and conspiracy. In practice, the law enforcement cannot go smoothly because of multi interpretation definition of forbidden activities and bussiness competition control commission (KPPU). KPPU can only give administrative sanction. While the penal, civil law and appeal effort should be through the court. The other problem is related to the small number of KPPU members when compared to the number of bussinesses that must be controlled and spead through out Indonesia.