scholarly journals The loss of potential competition in UK merger control – the emergence of an analytical framework in the CMA's recent decisional practice

2020 ◽  
Vol 19 (3) ◽  
pp. 112-127
Author(s):  
Joe Williams ◽  
Stephen Wisking
Keyword(s):  
Competition Policy ◽  
Analytical Framework ◽  
Legal Framework ◽  
The Other ◽  
Merger Control ◽  
Policy Debate ◽  
Phase 2 ◽  
Potential Competition ◽  
Assessment Guidelines

Loss of potential, rather than actual, competition as a theory of harm in merger control has been a hot topic in competition policy debate. The UK's Competition and Markets Authority (CMA) does not face the same jurisdictional constraints that have prevented some of its peer agencies from investigating transactions which give rise to loss of potential competition concerns, and it has adopted a number of recent merger decisions in this area, in many cases after the conclusion of a detailed Phase 2 review. This article outlines the applicable legal framework and explores the CMA's recent decisional practice by reference to three categories of transaction potentially giving rise to a loss of potential competition where the concern is that absent the transaction: (1) one party would have been a market entrant; (2) one or both parties would have become a greater competitive constraint on the other; and/or (3) there was an alternative purchaser which would have made the target more competitive. It then summarizes the CMA's approach to assessing such transactions, including its intention, ability and incentive framework. It concludes by setting out the case for revision to the CMA's Merger Assessment Guidelines to reflect explicitly its approach to these types of transactions.

Antitrust and Competition Policy in Brazil

2018 ◽  
Author(s):  
Eduardo Pontual Ribeiro ◽  
Camila Pires-Alves ◽  
Luis Carlos D. Prado
Keyword(s):  
Public Policy ◽  
Market Power ◽  
Competition Policy ◽  
Current Practice ◽  
Competition Law ◽  
Legal Framework ◽  
Merger Control ◽  
Institution Building ◽  
Historical Evolution

This chapter presents and analyzes Brazil’s competition policy on merger control and the abuse of market power. Its role as an important Brazilian public policy derives from a combination of three factors: historical evolution, legal framework, and institution building. The chapter provides an analysis of the evolution of its main agency, the Administrative Council for Economic Defense (Conselho Administrativo de Defesa Econômica, CADE), while focusing on the control of cartels and mergers. The chapter further discusses institution building over the years surrounding the practice of competition law. Current practice and challenges in this are also discussed in the chapter.

The Vertical Agreements Regulation: A Critical Appraisal

2000 ◽  
Vol 3 ◽  
pp. 525-545
Author(s):  
Paul M. Taylor
Keyword(s):  
Competition Policy ◽  
Critical Appraisal ◽  
Cutting Edge ◽  
The Other ◽  
Other Hand ◽  
Progressive Policy ◽  
The One

The Vertical Agreements Regulation may be judged in one of two ways, each yielding a different conclusion. It may be regarded, on the one hand, merely as a limited measure required at a particular time in the development of competition policy to correct some of the more obvious errors of previous Regulations. On the other hand, it may be assessed for its potential as a template for future Regulations. Is it to be regarded as a means of rectifying historic block exemptions or is it at the cutting edge of progressive policy? Without doubt it appears chronologically at one of the most important shifts in competition policy in decades and that is why there is much to be gained from reviewing the Regulation critically for improvements that can be carried forward into future Regulations.

A minoritized language on both sides of the border: legal framework and language policy of Catalan in Andorra and Catalonia

Multilingua ◽  
2019 ◽  
Vol 38 (2) ◽  
pp. 155-168
Author(s):  
Juan Jiménez-Salcedo
Keyword(s):  
Language Policy ◽  
Legal Framework ◽  
The Other ◽  
Language Policies ◽  
Lingua Franca ◽  
Cross Border ◽  
Other Hand ◽  
State Schools

Abstract This article analyzes the legislation of the two territories that have the most advanced legal framework regarding language policies towards Catalan: Andorra and Catalonia. The study of the legislation in relation to contexts of social and institutional use shows how this legal framework is not sufficient to change Catalan from being a minoritized language, since the phenomenon of minoritization is innate to the ecosystem in which languages develop. This ecosystem is conditioned by the presence of Castilian as a lingua franca on both sides of the border between Andorra and Catalonia. In the case of Andorra, its status as a cross-border microstate makes it a plurilingual space with Castilian as a socially cross-cutting language; moreover, the fact that until recently there was no network of state schools hindered Catalan language normalisation efforts. Catalonia, on the other hand, is an even more complex example on account of how the implementation of llengua pròpia policy contradicts the constitutional control the Spanish state exercises on this.

scholarly journals Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective

2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Legal System ◽  
Legal Framework ◽  
The Other ◽  
Effective Prevention ◽  
Other Hand ◽  
International Obligations ◽  
The Republic ◽  
The One

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.

A philosophical critique of Feminism : From the third wave to the fourth wave

2021 ◽  
Vol 10 (2) ◽  
pp. 25-40
Author(s):  
Mohammed Xolile Ntshangase
Keyword(s):  
Hate Speech ◽  
Analytical Framework ◽  
The Other ◽  
Third Wave ◽  
Political Equality ◽  
The Third ◽  
Knowing That ◽  
The World ◽  
Good Movement ◽  
Fourth Wave

Feminism has been a good movement with the noble aim of freeing the world from the shackles of an evil superiority of men over women. The principal of feminism as a movement was political equality between men and women. In itself, it was a fair and just course such that it was inclusive of men as well, men were also part of the movement with no insults, threats, and hate speech. But in this technological era some impurities have also crept into it. From the third wave of feminism which is also known as GRRRL feminism which turned the offensive names into jokes and somehow normal to be pronounced in public, things became no longer about equality and respect of humanity. As feminism grew, it became less critical and became more sensitive towards emotions and uncritical amassment of followers. To some extent, being critical about feminism is unacceptable because someone becomes quickly accused of being patriarchal and antifeminism. Indeed, patriarchy is a negative and destructive idea perpetrated by those who were suffering from testosteron-epowersyndrome . But, when some thinkers like Valenti, Arndt, and Harrow have identified the syndrome and implemented some medication to it, others inject the other side with similarly fatal ideas. I call those ideas Oestrgoen-powersyndrome because they make their victims think that with collapse of patriarchy, men should be disgraced and be made to feel not existentially necessary. Symptoms of this syndrome start from no more knowing that hating the other sex is wrong and should not be promoted. Writers like Annapuranny and Jansen even perpetrate non progressive talks like “what’s wrong with hating men”, “the world would be better off without men” and many phrases of such destructive nature. But the issue which this paper seeks to address is that there is no philosopher who has critically tackled this matter. In fact, some African philosophers rather reject the whole feminism movement as non-African. Using analytical framework, this research ventures into critical analysis of this issue of feminist extremism coupled with the silence of African philosophers.

Potential competition in merger control; how soon is now?

2020 ◽  
Vol 6 (2) ◽  
pp. 26-36
Author(s):  
Pedro Caro de Sousa ◽  
Chris Pike
Keyword(s):  
Merger Control ◽  
Potential Competition

Comparative Analysis of Major Issues Involved in IPR and Competition Policy

2013 ◽  
pp. 172-185
Author(s):  
Nisha Dhanraj ◽  
Mamta Sharma
Keyword(s):  
Economic Growth ◽  
Comparative Analysis ◽  
Competition Policy ◽  
The Other ◽  
Market Conditions ◽  
Economic Rationale ◽  
Other Hand ◽  
Restrictive Trade ◽  
Competition Laws

As IPR and competition laws share the same economic rationale, they both are crucial for the establishment of competitive and innovative market conditions. On the other hand, these two regimes are conflicting to each other, IP grants monopoly, whereas competition laws seek to undo monopolistic and restrictive trade practices. Therefore, focus has been shifted towards how these two separate regimes are complementary and conflicting to each other through their goals, how competition policy is effective on IPRs, and IPRs on competition policy. IPRs granted by patents, copyrights, and trademarks, etc. play an important role in fostering innovation and sustaining economic growth.

10. An Introduction to EU Competition Policy and Law

2017 ◽  
Author(s):  
Nigel Foster
Keyword(s):  
Competition Policy ◽  
Competition Law ◽  
State Aid ◽  
Merger Control ◽  
Dominant Position ◽  
Eu Merger Control ◽  
Eu Competition Law ◽  
Eu Competition Policy ◽  
The Relationship ◽  
Article 102 Tfeu

This chapter discusses EU competition law. It covers the basic outline of EU competition policy; Article 101 TFEU; Article 101(2) TFEU and the consequence of a breach; Article 101(3) TFEU exemptions; Article 102 TFEU and the abuse of a dominant position; the relationship between Arts 101 and 102 TFEU; the enforcement of EU competition law; conflict of EU and national law, state aid; and EU merger control.

22. Mergers (3): UK law

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Public Interest ◽  
Merger Control ◽  
Phase 2 ◽  
Water Industry ◽  
Special Cases ◽  
The Uk ◽  
The Way

This chapter provides an overview of the UK system of merger control and explains the procedure of the Competition and Markets Authority (‘the CMA’) when determining whether a merger should be referred for an in-depth ‘Phase 2’ investigation and when deciding to accept ‘undertakings in lieu’ of a reference. It describes how Phase 2 investigations are conducted and discusses the way in which the CMA applies the ‘substantially lessening competition’ (‘SLC’) test in practice. It then explains the enforcement powers in the Enterprise Act 2002, including the remedies that the CMA can impose in merger cases, and discusses various supplementary matters, such as powers of investigation and enforcement. The chapter concludes with a discussion of how the merger control provisions work in practice and provides a brief account of the provisions on public interest cases, other special cases and mergers in the water industry.

scholarly journals Comparison of the Bonfils and Levitan Optical Stylets for Tracheal Intubation: A Clinical Study

2011 ◽  
Vol 39 (6) ◽  
pp. 1093-1097 ◽  
Author(s):  
A. Webb ◽  
H. Kolawole ◽  
S. Leong ◽  
T. E. Loughnan ◽  
T. Crofts ◽  
...  
Keyword(s):  
Clinical Study ◽  
Tracheal Intubation ◽  
Prior Experience ◽  
Phase 1 ◽  
The Other ◽  
Surgical Patients ◽  
Second Phase ◽  
Phase 2 ◽  
High Failure Rate ◽  
Novice Users

The Bonfils and Levitan FPS™ scopes are rigid fibreoptic stylets that may assist routine or difficult intubation. This study compared the effectiveness of each in patients with predicted normal airways when used by specialist anaesthetists with no prior experience using optical stylets. Twelve anaesthetists and 324 elective surgical patients participated. Six anaesthetists were randomised to first intubate 20 patients with the Levitan scope (Phase 1) followed by a further seven patients with the Bonfils scope (Phase 2). The other six participating anaesthetists undertook their first 20 intubations with the Bonfils (Phase 1), followed by seven intubations with the Levitan (Phase 2). Outcomes recorded were success rate, total time to intubation, number of attempts, ease of intubation score and incidence of complications. Overall failure rates were similar for the two scopes with 5.6% of patients not intubated after three attempts. Median total times to intubation were similar for the Levitan (44 seconds) and Bonfils (36 seconds) (P=0.11). Participants using the Bonfils in Phase 1 had significantly higher chance of success on first attempt (73%) compared to Levitan users during Phase 1 (57%) (P=0.008). These differences were not significant in the second phase and ease of intubation scores were similar for both scopes (P=0.9). This study showed the two scopes were comparable but the high failure rate amongst novice users demonstrated the importance of familiarity and skill development prior to their introduction to a difficult airway cart.

Sign in / Sign up

Export Citation Format

Share Document