An International Due Process Standard for Competition Adjudication? A Critical Approach

With the global proliferation of antitrust law enforcement, multinational businesses, scholars, and practitioners have clamoured for stronger due process protection in competition adjudication. Often, the argument assumes the existence of a due process standard applicable internationally to all competition jurisdictions. The standard comprises certain features typical of adversarial adjudication, including a neutral decision-maker, a live in-person hearing before such decision-maker, and the right to present and cross-examine evidence and witnesses. This paper challenges this alleged due process standard on two different levels by comparing the competition adjudication procedures of the United States Federal Trade Commission, the European Commission, and the Korea Fair Trade Commission. First, the paper shows that such a standard, which advances certain features of Anglo-American adversarial adjudication, is at odds with the local due process laws of the European Union and South Korea. Second, the paper shows that implementing such adversarial features would pose significant practical problems in jurisdictions where existing administrative procedures are largely inquisitorial or ‘continental.’ While the supporters of the due process argument identify a number of procedural problems that should be addressed, framing these problems as a due process issue would only be counterproductive.

Integrating Building Information Modelling and Intelligent Contract to Payment Process Under Conventional Procurement in Malaysia

Conflict caused by payment issues are common in construction industry. A lengthy payment process issue is a common phenomenon especially in public work projects, which commonly opt for conventional contracts. Delay in payment process have caused many contractors not being able to receive payment within the stipulated time. In turn, it may affect the contractor’s cash flow and eventually ended up causing delays in project completion. The effect of technological advances has brought significant changes to the construction industry, which is year after year becoming increasingly complex. Therefore, in the era of technology and digital, there are many management systems which have been established and introduced amongst construction players for the convenience of managing and administering construction projects. The introduction of Building Information Modelling (BIM) is to establish a centralised information system, which improves the collaboration, communication and integration between interdisciplines in construction industry. The development of digital technology of Intelligent Contracts will bring great potential as an automate support system in BIM management process. These combinations create possible solutions towards payment conflicts in the construction project, through integration of BIM and Intelligent Contracts that may help to reduce the unnecessary procedure and interference that prolong the payment process. The analysis revealed that the adoption of BIM and Intelligent Contracts attributes in payment process under conventional procurement could improve the efficiency and reduce the time by eliminating unnecessary procedure and third parties interference along the process.

The Transition from the Temple of Jupiter to the Great Mosque of Damascus in Architecture and Design

Great Mosque of Damascus was built between 705 and 715 by the Umayyad Caliph al-Walid I. However, the origins of this building dates to the distant past. At first it was a location of an ancient Aramaean temple dedicated to the god Hadad. With Hellenization the temple was dedicated to Zeus and in the first century BC the Romans transformation it into the Temple of Jupiter Damascenus. In 391 Emperor Theodosius converted the temple into Christian Cathedral of Saint John. Erection of the mosque by Caliph al-Walid I was under strong influence of earlier constructions. Meaning and consequences of such transitions, from the Roman temple (there is almost no data of the Aramaic building) through the Christian Cathedral to the Islamic mosque is an interesting process. Issue not only within the art and architecture, but what is more, in a religious aspect of the continuity of sacred space.

3D Integrated Power—A Discrete Perspective

The shift in power conversion and power management applications to thick copper clip technologies and thinner silicon dies enable high-current connections (overcoming limitations of common wire bond) and enhance the heat dissipation properties of System-in-Package solutions. Powerstage innovation integrates enhanced gate drivers with two MOSFETs combining vertical current flow with a lateral power MOSFET. It provides a low on-resistance and requires an extremely low gate charge with industry-standard package outlines - a combination not previously possible with existing silicon platforms. These advancements in both silicon and 3D Multi-Chip- Module packaging complexity present multifaceted challenges to the failure analyst. The various height levels and assembly interfaces can be difficult to deprocess while maintaining all the critical evidence. Further complicating failure isolation within the system is the integration of multiple chips, which can lead to false positives. Most importantly, the discrete MOSFET all too often gets overlooked as just a simple threeterminal device leading to incorrect deductions in determining true root cause. This paper presents the discrete power MOSFET perspective amidst the competing forces of the system-to-board-level failure analysis. It underlines the requirement for diligent analysis at every step and the importance as an analyst to contest the conflicting assumptions of challenging customers. Automatic Test Equipment (ATE) data-logs reported elevated power MOSFET leakage. Initial assumptions believed a MOSFET silicon process issue existed. Through methodical anamnesis and systematic analysis, the true failure was correctly isolated and the power MOSFET vindicated. The authors emphasize the importance of investigating all available evidence, from a macro to micro 3D package perspective, to achieve the bona fide path forward and true root cause.

Abertura ou não de capital no Brasil: uma análise prática da percepção dos executivos financeiros

This study investigated the aspects and reasons why Brazilian firms go public, from the viewpoint of chief financial officers (CFOs). From the BM&F Bovespa and the magazine Valor Investe, we selected 113 Brazilian firms that had successfully completed an Initial Public Offerings (IPO) between January 2004 and December 2010, and firms those that are large enough to go public, but have not attempted an IPO. Following Brau and Fawcett (2006), we surveyed the CFOs about their perceptions at the time of the IPO. The most findings were: (1) the main motivation for going public was to reduce the cost of capital; (2) general market conditions were crucial to the timing of the IPO; (3) underwriters were selected based on overall reputation, quality of the research department, and industry expertise; (4) the use of a Big-4 accounting firm was seen as a positive sign by the respondents; (5) the overallotment option of shares to stabilize prices was considered the most important IPO process issue; and (6) the main reason for remaining private was to preserve decision-making control and ownership.

Part II Legal Challenges, 6 European Antitrust Criminalization and the Second Challenge of Due Process: Imposing Criminal Sanctions alongside Civil Sanctions

This chapter evaluates the ‘additional dynamic’ contention which holds that the introduction of criminal antitrust sanctions in a particular jurisdiction does not preclude the imposition of civil/administrative sanctions alongside criminal sanctions for a given cartel. After establishing the validity of this contention, the chapter determines the actual impact of the contention, and hence the extent of the challenge presented by this aspect of the legal requirement of due process. A potential due process issue was identified with the exchange of information from administrative antitrust regimes to criminal antitrust regimes. The second identified issue of due process concerned ‘double jeopardy’. It was argued that this issue becomes relevant due to: (i) the validity of the ‘additional dynamic’ contention; and (ii) the fact that an individual can in fact constitute an ‘undertaking’ for the purposes of EU law. The final identified issue of due process related to concurrent proceedings.

Laser Voltage Imaging: New Perspective Using Second Harmonic Detection on Submicron Technology

The Laser Voltage Imaging (LVI) technique [1], introduced in 2009, appears as a very promising approach for Failure Analysis application which allows mapping frequencies through the backside of integrated circuits. In this paper, we propose a new range of application based on the study of the LVI second harmonic for signal degradation analysis. After a theoretical study of the impact of signal degradation on the second harmonic, we will demonstrate the interest of this new approach on two case studies on ultimate technology (28nm). This technique is a new approach of failure analysis that maps timing degradation and duty cycle degradation. In order to confirm the degradations we will use the LVP Technique. The last part is two real case studies on which this LVI second harmonic technique was used to find the root cause of a 28nm process issue.

A Visibility Design Method Based on Virtual Maintenance in Maintainability Design

With the development of virtual maintenance technology, it is achievable to analyze the characters and elements on visibility during maintainability design before equipment manufacturing. After relating maintenance in virtual maintenance environment, a referable visibility design method could be carried out and corresponding suggestion on maintainability design will be given, and detailed information will be illustrated with a disassemble process issue.