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Competition law increasingly needs to deal with contribution claims. Claims for antitrust damages are selectively brought forward against companies with vast financial assets or established in claimant-friendly jurisdictions. There is thus an emerging need for allocating liability internally among antitrust infringers. However, the ability to claim contribution in competition law cannot be taken for granted. In Texas Industries, the US Supreme Court was clear that such claims are not currently available in US antitrust law. The aim of the book is to explain how the issue of contribution is resolved in EU competition law.
Contribution claims in antitrust are controversial and under-researched in the legal literature. This book provides the first comprehensive analysis of contribution claims in EU competition law. By drawing on the historical and current practice of EU and national courts, as well as national laws of major EU jurisdictions, it explains contribution claims in antitrust law in concrete and practical terms. It also provides much needed clarity on the relationship between competition law and joint and several liability, as well as guiding those concerned by contribution claims through the issues that are likely to arise. Topics examined include the requirements competition law sets for contribution claims; the criteria for dividing antitrust liability between individual co-infringers; the impact of EU Directive 2014/10; and whether liability sharing agreements can resolve the problems joint and several liability brings to EU competition law.
This chapter examines the role of competition in Rara celebrations in Haiti. Rara, a Lenten religious festival that features marching bands and Vodou rituals, has a complex relationship with competition, which is unpacked in this chapter. As is argued, by investigating conflict and cooperation as dimensions of competition, it is possible to understand how Haitians navigate the complex social terrain of Rara using both confrontational and collaborative techniques.
It has been argued that science diplomacy (SD) helps avoid or mitigate conflicts among stakeholders in the Arctic. Yet underlying some of these well-intended and sometimes successful initiatives is a one-sided understanding of SD. The most recent literature takes a more differentiated approach towards the means and ends of SD. It shows that international scientific interaction is shaped by the twofold logic of competition and collaboration. Instruments of SD can be meant to serve national interests, collective regional goals or global agendas. The present paper disentangles these confounding discourses of collaboration and competition based on a conceptually enhanced SD framework. It analyses Arctic strategies and two cases of Arctic SD, the Agreement on Enhancing International Arctic Scientific Cooperation and research activities on Svalbard, to reveal the mechanisms of collaboration and competition in the sphere of international science in relation to security, environment and economy. By pointing out where and how science is currently being used in the Arctic, this article provides (a) a systematic overview of the state of SD in the region and (b) a tool for policy-makers and scientists to assess what impact different facets of SD have in Arctic politics.
Higher Education Institutions (HEIs) in Africa are going through transformations like in the rest of the world. Transformations include digitalisation, and participation in Corporate Social Responsibility (CSR). The transformations have opportunities and challenges. The latter include competition, reduced public funding, the effects of ecological changes on the curricula, and adoption of Technology Enhanced Learning (TEL) enhanced by the COVID-19 pandemic. The former include the speed at which information is accessed and processed, easy connections among people, and easy and virtual teaching and learning which economises on resources. One Lecturer can teach thousands of students based in different places at the same time. This chapter analyses digitalisation in HEIs in Africa. It argues that while adoption of TEL was already underway, COVID-19 enhanced it by limiting options for teaching and learning. Thus, digitalisation in HEIs is eco-friendly, flexible, and economical.
Nietzsche controversially valorizes struggle and war as necessary ingredients of human flourishing. In this book, James S. Pearson reconstructs Nietzsche's rationale for placing such high value on relations of conflict. In doing so, Pearson reveals how Nietzsche's celebration of social discord is interwoven with his understanding of nature as universal struggle. This study thus draws together Nietzsche's writings on politics, culture, metaphysics, biology and human psychology. It also overcomes an entrenched dispute in the critical literature. Until now, commentators have tended to interpret Nietzsche either as an advocate of radical aristocratic violence or, by contrast, a defender of moderate democratic contest. This book navigates a path between these two opposed readings and shows how Nietzsche is able to endorse both violent strife and restrained competition without contradicting himself.
Adoption of the new biofuel crop carinata (Brassica carinata A. Braun) in the southeastern United States will largely hinge on sound agronomic recommendations that can be economically incorporated into and are compatible with existing rotations. Timing of weed control is crucial for yield protection and long-term weed seedbank management, but predictive weed emergence models have not been as widely studied in winter crops for this purpose. In this work, we use observed and predicted emergence of a winter annual weed community to create recommendations for timing weed control according to weed and crop phenology progression. Observed emergence timings for four winter annual weed species in North Carolina were used to validate previously published models developed for winter annual weeds in Florida by accounting for temperature and daylength differences, and this approach explained more than 70% of the variability in observed emergence. Emergence of stinking chamomile (Anthemis cotula L.) and cutleaf evening primrose (Oenothera laciniata Hill.) followed biphasic patterns comparable to wild radish (Raphanus raphanistrum L.), which were predicted with previously published models accounting for 82% and 84% of the variation, respectively. Using the predictive models for weed emergence and carinata growth, critical control windows (CCW) were estimated for Clayton, NC, and Jay, FL, according to different planting dates. The results demonstrated how early planting coincided with the emergence of three competitive winter weeds, but early control could also remove a large proportion of the predicted emergence of these species. The framework for how planting timing will affect winter weed emergence and crop growth will be an instructive decision-making tool to help prepare farmers to manage weeds in carinata, but it could also be useful for weed management planning for other winter crops.
The conflict that can arise when rules on competition law and the right to bargain collectively intersect has been a live issue amongst those interested in employment relations in Ireland for more than two decades now, as a series of conflicts has arisen in this space. When collective bargaining rights and competition law clash, the parties involved have generally swerved the issue through a mixture of negotiated ‘solutions’, and, more recently, a controversial legislative measure. Increasingly, however the issue is becoming one that requires to be addressed head on. This chapter examines how the Irish ‘voluntarist’, common law, system of employment relations has responded when competition law and collective representation rights are at odds. It will focus, particularly, on some paradigmatic disputes and reflects on how Irish law generally views the restriction on ‘economic freedom’ inherent in collective representation rights.
This chapter analyses the evolution of International Labour Organization (ILO) standards governing who is entitled to claim collective labour rights. It argues that the personal scope of such rights extends beyond ‘the standard employment relationship’, with implications for the scope of competition law. The first part analyses treatment of freedom of association and collective bargaining in constitutional and other declaratory ILO instruments, identifying the broad protectorate of these entitlements, reflecting the desire to promote equality and resist commodification of labour. These constitutional norms have been further reinforced by proposals for a universal labour guarantee and acknowledgement of the role of collective voice in promoting sustainability. The second part examines fundamental ILO Conventions Nos 87 and 98 on the right to organise and collective bargaining, Recommendation No. 198 on the employment relationship and the findings of ILO supervisory bodies which apply these standards in a manner consistent with established constitutional norms. While supervisory bodies encourage states to consult with social partners to modify existing collective bargaining systems to reflect the needs of ‘self-employed workers’, this should be understood less as a concession to managerial prerogative, but more as promotion of reform protecting the vulnerable in a changing world of work.
What is the proper relationship between competition and labour law? In the UK since at least 1906 every real ‘person’ has had ‘freedom of association’ and is free to take collective action in a ‘trade dispute’, whether an employee, or self-employed. This principle was necessary for fair competition, fair working time, and fair wages. It forms a cornerstone of labour relations. The UK’s experience informed US antitrust law, the International Labour Organisation, and the Universal Declaration of Human Rights. ‘Everyone’ in international law has the right to ‘just and favourable remuneration’, to join unions for ‘the promotion’ of their ‘social interests’, and the ‘right to strike’. UK and international law equally influenced EU law. Like all EU members states, since World War Two the UK has never used competition rules to suppress unions. This chapter explains the law on combinations, conspiracy and restraint of trade. Modern competition law, focused on undertakings, developed to break private monopoly power of unaccountable corporations, not to suppress fair wages and voice at work. Cases of collective action from self-employed barristers, to drivers and book dealers illustrate this. Competition law’s proper focus is unaccountable corporate power, to build a plural, more democratic economy.
In Canada, as elsewhere, the norms of capitalist legality include an aversion to permitting collective action by sellers of commodities to increase their price. Labour law, however, is built on the norm of freedom of association and the right of commodified workers to combine for the purpose of improving the terms of their labour contracts. This gives rise to a recurring regulatory dilemma. In Canada, this conflict has been resolved by granting workers a legal immunity from liability under competition law for engaging in approved collective action to improve or defend their terms and conditions of work. However, the zone of toleration is contestable at three margins, explored in this chapter. First, is the margin between those workers who are covered by the exemption and those who are not; second between the sale of labour power and the sale of the commodities it produces; and the third is between the means that covered workers can lawfully use to make their combinations effective and those that take them out of the zone of toleration. The chapter explores the history of the construction of the zone of toleration and the conflicts over its margins, which are currently stable.
The Pleistocene history of the leopard (Panthera pardus) in Europe has been documented by the material obtained from 312 localities, with the last dated ∼1.1 Myr. The relatively small and gracile form of the leopard was very rare during the late Early and Middle Pleistocene. Only after the disappearance of the jaguar (Panthera gombaszoegensis) did P. pardus spread widely in Europe, increasing in size and ecologically substituting P. gombaszoegensis. The number of late Middle Pleistocene localities with leopard remains, younger than 300 kyr, increased considerably. The leopard reached the maximum extension of its geographical range in the Late Pleistocene. The Iberian Peninsula was the last European refuge for this cat. Six sites, the Naciekowa, Obok Wschodniej, Radochowska, and Wschodnia Caves from the Sudety Mountains and the Biśnik and Dziadowa Skała Caves from the Kraków-Częstochowa Upland, have documented the presence of the leopard in Poland between MIS 10/9 and MIS 3. These records are from rocky regions with rugged terrain and are located in the territory of Silesia (southern Poland). A newly obtained radiocarbon date (43–42 kyr) from the Radochowska Cave directly confirms the occurrence of P. pardus in the Sudety Mountains in the middle part of MIS 3.
This paper aims to fill in a long missing piece in the paradigmatic word-formation research: a set of rival affixes whose members are differentiated in meaning. We argue that such a set can be found in English derivational adjectivalization, in the affixal rivalry between the adjectivalizing suffixes -ed and -y. Using the traditional method of doublet comparison (Aronoff 1976, 2020), we reveal that adjectives of the form Xed and those of the form Xy (X standing for the source word) differ in the scale type. Xed adjectives are closed-scale adjectives, but Xy adjectives are totally open-scale adjectives. The scale-type difference explains why Xed adjectives combine with certain degree modifiers, whereas Xy adjectives do not. Furthermore, we show that the rival affixes are doubly differentiated in the deverbal domain in terms of the said output scale type and the input base selection. In this domain, the major sources of the closed-scale -ed adjectives and the open-scale -y adjectives are result and manner verbs, respectively.
Laboratory tests were carried out in order to examine the population growth of Prostephanus truncatus (Horn) (Coleoptera: Bostrychidae) and Sitophilus oryzae (L.) (Coleoptera: Curculionidae) on maize. These two species were placed either simultaneously or one species was allowed to colonize the kernels 7 days earlier than the other, at two temperatures, 26 and 30 °C for 65 days. Apart from progeny production, grain quality parameters, such as insect-damaged kernels (IDK) and undamaged kernels (NDK), the weight of frass and kernel weight were measured. Our data confirms that temperature plays a key role in the competition of these two species; P. truncatus seems to perform better at the higher temperature (30 °C), regardless of the presence of an additional species. Moreover, the results of the present study demonstrates that P. truncatus outcompetes S. oryzae. Sitophilus oryzae produced fewer progeny than P. truncatus in all combinations. Given the outcome of a competition, we hypothesize that most of the kernel damage was due to feeding by P. truncatus. Based on these data, we surmise that P. truncatus has a competitive advantage as an invasive species in new areas with stored maize, even in the presence of S. oryzae.
Chapter 13 focuses more specifically on supermarket power and explore how efficiency and fairness become interdependent discourses in supermarket-supplier relations. Concentration in large grocery retail, in conjunction with associated growth in private labels and retailer control over shelf space, have generated a substantial power imbalance between big supermarket chains and the businesses that supply them. Supermarkets are said to be exploiting the imbalance to their own advantage, spawning a growing chorus of complaints from suppliers and from their representative organisations and political supporters. It has also garnered intense media, political and regulatory attention across a range of jurisdictions. This Chapter uses the analytical technique of problematisation to demonstrate how the “problem” concerning supermarket-supplier relations involves two distinct discourses relating to competition, on the one hand, and fairness, on the other. It highlights both potential tensions and interdependencies between these discourses and explores how they have been salient in both framing the aforementioned problem in public and policy debates and shaping regulatory responses. In particular, it critically examines the emergence of codes of conduct as a response to this problem drawing primarily on experience in Australia and to some extent, by way of comparison, the United Kingdom.
This chapter reviews the first six years of implementation of the Belt and Road Initiative (BRI), a major Chinese foreign policy initiative introduced in 2013. The authors explain how China’s transition from benefactor to banker, in con- junction with its push for expanded influence on the global stage, led to the adoption of the BRI. They then consider whether and why China might choose to ‘multilateralize’ the BRI. The authors conclude that if Beijing wants to multilateralize the BRI, it will need to either comply with—or help redesign— international development finance rules and standards. At the same time, the establishment of an inclusive and revitalized development finance regime does not rest solely on the shoulders of Beijing. If OECD-DAC and multilateral donors and creditors wish to avert a crisis of confidence and relevance, they will need to rewrite international development finance rules and norms in ways that accommodate Beijing’s interests and more effectively account for the preferences of low-income and middle-income countries.
Productivity varies widely between industries and countries, but even more so across individual firms within the same sectors. The challenge for governments is to strike the right balance between policies designed to increase overall productivity and policies designed to promote the reallocation of resources towards firms that could use them more effectively. The aim of this book is to provide the empirical evidence necessary in order to strike this policy balance. The authors do so by using a micro-aggregated dataset for 20 EU economies produced by CompNet, the Competitiveness Research Network, established some 10 years ago among major European institutions and a number of EU productivity boards, National Central Banks, National Statistical institutes, as well as academic Institutions. They call for pan-EU initiatives involving statistical offices and scholars to achieve a truly complete EU market for firm-level information on which to build solidly founded economic policies.
Attempts to modernize and speed up the FDA’s premarketing clearance and classification process for medical devices have included both new device classifications and ways of filing abbreviated applications. The FDA’s “De Novo” classification and Breakthrough Devices program allow applicants to create entirely new medical device types, with special controls and technological characteristics, including specifications on hardware and software. To encourage innovation and competition, the 21st Century Cures Act allows De Novo devices to serve as “predicates” for subsequent follow-on medical devices through the 510(k) application process, if such follow-on devices use the same controls and possess “the same” technological characteristics as the “predicate” device. This lends itself to a potentially anticompetitive strategy mediated by the interaction between IP and the 510(k) application requirements: successful De Novo applicants could use their portfolios to prevent follow-on applicants from making use of similar characteristics – potentially stymying an entire class of follow-on devices in the process. This strategy could threaten a greater diversity of new devices; may encourage an “up” classification of devices; and incentivizes technical characteristics and special controls of De Novo devices where general ones may suffice. This chapter concludes by proposing future evidence-based research in the area.
The WTO must have new rules that meets the needs of the new commercial economy that has arisen since the establishment of the WTO. New trade rules for the twenty-first century are necessary for digital trade, trade-related aspects of intellectual property, competition, and investment facilitation.
In insular Southeast Asia Presbytis and Trachypithecus langurs show a complex distribution pattern whereby in certain areas only one species is present, in other areas two or three species of the same genus live sympatrically, and in yet other areas two, three or even four species of the two genera co-exist. Given their morphological similarity it is intriguing to unravel the ecological differences that allow these species to live side by side. Presbytis langurs are more confined to wet forests than Trachypithecus langurs; their range includes drier regions, high mountains and small islands. In terms of diet (young, old leaves, fruits, seeds) or activity budgets there is a large variation within species and no clear difference between co-occuring species emerges. Home range sizes for Presbytis langurs (~35 ha) is larger than those for Trachypithecus langurs (~20 ha), but day ranges appear to be more similar (~500 to 1,500 m). The variation in group sizes and composition (especially the number of adult males) differs in that Presbytis langurs typically live in smaller groups (~5 to 12 individuals), mostly with one adult male, than Trachypithecus langurs groups (frequently over 20 individuals) that frequently have two or more adult males present.