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1

Yeung, Karen. "Bargaining and punishment in regulatory enforcement : a normative analysis of the public enforcement of Australian competition law." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365511.

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2

Cini, Michelle Marie Charlotte. "Policing the internal market : the regulation of competition in the European Commission." Thesis, University of Exeter, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.359802.

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3

Secord, Andrew G. "Megaprojects in maritime Canada : a case study of the New Brunswick Electric Power Commission." Thesis, University of Sussex, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.359149.

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The research provides an explanatory account of the changes in electrical policy in New Brunswick beginning with the origins of the New Brunswick Electric Power Commission in the 1920s and culminating in the nuclear option of the 1970s and 1980s. This involves an explanation of the origins of the state enterprise in the 1920s, its truncated development in the 1930s, its growth in the 1950s under the "power for industry" model, and the export-led strategy of the 1970s and 1980s. Located in an economically underdeveloped region of Canada, the relatively successful state enterprise had significant implications for private accumulation and provincial politics. The growth of the New Brunswick Electric Power Commission was such that it was able to embark on an allnuclear option which placed its construction proj ects on the scale of the federal megaprojects of the 1980s in Canada. The research concludes with a discussion of the contradictions of the exportled model and recent political responses to it. A documentary style is followed in the thesis, utilizing the archival records of four different governments in New Brunswick between 1940 and 1986, records of the state enterprise made available under Right to Information procedures, federal government archival records, and interviews.
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4

Kaczmarczyk, Kamila, and Sofia Kaddani. "The effect of asymmetric information in real estate agent commissions." Thesis, KTH, Fastigheter och byggande, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-189266.

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Real Estate Agencies compensation consists of commissions and a part of the commission corresponds to what the real estate agent gets as salary. This incentive-based commission system is usually covered by an agreed fixed amount, a variable commission model or a combination of both depending on the brokerage object's final selling price. Commission system can lead to adverse consequences when the real estate agent abuses their position and exploits an information advantage to gain a financial benefits. Based on completed questionnaires, that have been posted for this study, directed to consumers and real estate agents, it is recognized that the parties in the Swedish real estate agent industry has experienced or is experiencing a certain unethical behavior because of commission-based pay structures. The purpose of this thesis is to examine how asymmetric information affects the real estate industry brokerage contract negotiations regarding the commission and whether conflicts of interest may occur due to this. Because of asymmetric information in contract situations, there may be situations in which agreements will contradict societal norms and ethical principles, because the broker abuses his advantage. The essence of this thesis is to convey a discussion in order to associate the legal application of contracts with normative ethics. The essay writers propose for instance based on ethical approaches to create a complement to the existing law and further to come up with practical solutions to limit the possibility of unreasonable commission models in real estate brokerage. The essay writers argue that the introduction of a stricter supervision of the commission procedure would create stronger assurance and reduce the abuse of the information asymmetry in the industry.
Fastighetsmäklarbranschens ersättningssystem utgörs av provision och motsvarar en del av vad en fastighetsmäklare får i lön. Detta incitamentbaserade provisionssystem brukar omfattas av ett avtalat fast belopp, en rörlig provisionsmodell eller en kombination av båda som beror på förmedlingsobjektets slutliga försäljningspris. Provisionssystemet kan föranleda negativa följder om fastighetsmäklaren missbrukar sin ställning och utnyttjar ett informationsövertag till att skapa sig en finansiell fördel. Utifrån genomförda enkätundersökningar i denna studie riktade till konsumenter och fastighetsmäklare medges det att parterna inom den svenska fastighetsmäklarbranschen har upplevt eller upplever ett visst oetiskt beteende på grund av provisionsbaserade lönestrukturer. Syftet med denna uppsats är därför att undersöka hur asymmetrisk information påverkar fastighetsmäklarbranschens avtalsförhandlingar avseende provisionen och huruvida intressekonflikter kan uppstå till följd av detta. På grund av asymmetrisk information i avtalssammanhang kan det förekomma situationer där avtalen strider mot samhällsnormer och etiska principer när mäklaren missbrukar sitt övertag. Kärnan i denna uppsats är att föra en samlad diskussion som avser att koppla den rättsliga tillämpningen av avtalslagen med den normativa etiken. Uppsatsförfattarna resonerar bland annat utifrån etiska synsätt för att skapa ett komplement till gällande lag och vidare komma fram till praktiska lösningar till hur eventuellt oskäliga provisionsmodeller kan begränsas. Uppsatsförfattarna hävdar att ett införande av en starkare tillsyn över provisionsförfarandet skulle skapa större förtroende och minska asymmetrin i branschen.
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Santos, Bruno Miguel Reis Martins Figueiredo dos. "Modernização da política de concorrência comunitária : a proposta da Alemanha, França e Polónia é uma resposta pertinente aos desafios do século XXI?" Master's thesis, Instituto Superior de Economia e Gestão, 2020. http://hdl.handle.net/10400.5/21003.

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Mestrado em Economia Internacional e Estudos Europeus
Um dos instrumentos que torna a integração europeia possível no âmbito económico é a política de concorrência, que deve ser eficaz e adaptável aos novos desafios que o Espaço Económico Europeu enfrenta. Nesta dissertação será feito uma contextualização dos objetivos da política de concorrência, e um breve enquadramento histórico da evolução da Política de Concorrência da União Europeia. Após este capítulo, será detalhada a legislação europeia atual na área da concorrência, e quais alguns dos seus desafios mais pertinentes no século XXI. No último capítulo será analisada a proposta de modernização da política de concorrência comunitária apresentada pela Alemanha, França e Polónia, com o objetivo de se concluir o seu nível de pertinência e aplicabilidade ao panorama descrito. A conclusão retirada após esta análise indica que esta proposta é parcialmente pertinente como resposta aos desafios apresentados, pois enquanto alguns dos seus aspetos são uma resposta efetiva às novas realidades económicas, os contributos relacionados com a criação de "campeões europeus" são considerados irrealistas.
One of the instruments that makes European integration possible on an economic level is competition policy, which should be effective and adaptable to the new challenges that the European Economic Area faces. This dissertation includes a contextualization of the goals of competition policy, and a brief historical review of the evolution of the European Union's Competition Policy. After this chapter, the current legal framework of competition in the EU and the current challenges it faces in the 21st century will be detailed. The last chapter consists in the analysis of the proposal of modernization of the European competition policy presented by Germany, France and Poland, with the goal of concluding its level of pertinence and applicability to the described panorama. The conclusion reached after this analysis indicates that this proposal is partially relevant as a solution to the stated challenges, as while some of its aspects are an effective response to the new economic reality, the contributions related with the creation of "European champions" are considered unrealistic.
info:eu-repo/semantics/publishedVersion
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6

Alsup, Michael. "A Survey of the Utilization of the U.S. Consumer Product Safety Commission's Guidelines for Playgrounds in Tennessee." TopSCHOLAR®, 1990. https://digitalcommons.wku.edu/theses/2109.

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The U.S. Consumer Product Safety Commission's A Handbook For Public Playground Safety was published in 1981 in response to a petition to develop a mandatory set of safety standards. The National Recreation and Park Association and the National Bureau of Standards were selected to work on the project. As the study developed, the Commission realized that a set of standards was needed instead of mandatory requirements. Because there has not been any improvement in injury statistics nation-wide to date, the purpose of this study was to determine the degree of utilization of the guidelines in Tennessee. This was seen as being important to public agencies due to the liability of operating playgrounds and the rising expense of judgments against agencies in lawsuits. A survey instrument was developed, with the aid of a jury of experts, to serve as the data gathering tool. It was mailed to ninety-four city and county departments in Tennessee. The survey included questions concerning the possession of the Handbook, inspections and maintenance, playground design, ground surfaces, and playground equipment. It was analyzed by tabulating percentages, simple frequencies, and numerical ranking. Surveys were completed and returned by sixty-four departments; only half responded that they had copies of Handbook. The tabulations indicated that all of those who were familiar with the Handbook reported that they believed utilizing them would reduce injuries. The majority of those responding to the survey indicated that the guidelines were being followed and that inspections and maintenance were being conducted regularly. Moreover, the tabulations indicated that the types and placement of equipment were usually within the guidelines. The researcher, based on the findings of the study, the recommended: all departments should obtain a copy of the Handbook and use it as a guide for any aspect of their playgrounds; documentation and inspection of playgrounds should be carried out at least weekly by employees who are assigned to the task and trained; any playgrounds that do not conform to the guidelines should be renovated or removed: and ground surfaces should be used in recommended depths to aid in cushioning falls.
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7

Kearns, Mary Pinckney. "Secession diplomacy a study of Thomas Butler King, commissioner of Georgia to Europe, 1861 /." Click here to access thesis, 2006. http://www.georgiasouthern.edu/etd/archive/summer2006/mary%5Fp%5Fkearns/kearns%5Fmary%5Fp%5F200605%5Fma.pdf.

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Thesis (M.A.)--Georgia Southern University, 2006.
"A dissertation submitted to the Graduate Faculty of Georgia Southern University in partial fulfillment of the requirements for the degree Master of Arts" ETD. Includes bibliographical references (p. 135-140) and appendices.
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8

Tiba, Johannes Kgotso. "Partnership and outsourcing as tools for increased access to consular services : a case of South African High Commission in the United Kingdom / Johannes Kgotso Tiba." Thesis, North-West University, 2012. http://hdl.handle.net/10394/9455.

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The provision of consular services is an obligation of every government to its citizens who are living abroad. In providing such services, efforts must be made to ensure that they are accessible to all citizens, wherever they may be. Under the current economic climate, maintaining an extensive network of embassies and consulates around the world is an expensive venture. It is against this background that governments must be innovative in providing services by ensuring that private and third sector organizations are involved, in order to complement their work of ensuring that consular services reach their citizens at affordable costs - wherever they are. Besides rendering consular services to South African (SA) citizens, consular offices can be a vital investment vehicle of the government abroad, by ensuring that much-needed investment is obtained. Furthermore, the consular services can serve as the first line of defence of a country, by ensuring that people who can cause harm to the country do not enter it. Despite the daunting challenges facing the post-apartheid government in SA, a number of changes have been undertaken to ensure that consular services are modernized. However, those changes have been inadequate and have fallen short of meeting the expectations of most South African citizens who are living abroad. This study makes a vital contribution on the concept of using partnership and outsourcing as tools for increased access to consular services in one of the critical missions of SA abroad - the United Kingdom, by showing that the traditional way of rendering consular services from a diplomatic mission is inadequate to reach potential customers scattered in parts of the host country. The study concludes with significant recommendations that, inter alia, include even using post offices and the internet to ensure that consular services reach all parts of the United Kingdom, where South Africans live. Given that consular services have inherent security implications, the study also notes that among factors that must be taken into account before outsourcing consular services, or even setting up a partnership, the chosen service providers must, amongst other things, be able to maintain and protect the confidentiality of their customers.
Thesis (M. Development and Management)--North-West University, Potchefstroom Campus, 2013
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9

McElrea, Patrick D. "The office of the High Commissioner : Canada's public link to gentlemanly capitalism in the City of London, 1869-1885." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ29500.pdf.

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10

Rodet-Profit, Alix. "Le contrat d'assurance maritime à Rouen dans l'Ancien droit." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020010.

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L'assurance maritime constitue la première forme d'assurance connue, qui s'est développée à la fin du Moyen-Âge et a gagné l'ensemble de l'Europe au XVIe siècle. Rouen, l'une des plus importantes villes commerciales et maritimes du royaume de France, fut la première – et la seule – à être dotée d'un greffe des assurances dès 1556. Elle constitue donc un lieu de choix pour l'étude de ce contrat dans notre pays. Le caractère aléatoire de l'assurance a posé très tôt le problème de l'équilibre des intérêts des parties. D'une part, l'assuré devait pouvoir bénéficier de garanties suffisantes pour recourir à l'assurance. Il s'agissait d'autre part de protéger l'assureur, qui, en plus de prendre les risques de l'expédition à sa charge, se trouvait en grande partie dépendant de la bonne foi de son assuré. Aux côtés de leur « commis aux assurances », les marchands rouennais ont alors recherché et adopté des solutions. L'ordonnance de la Marine de 1681, première législation française sur les assurances, a ensuite tenté d'unifier les usages et pratiques du royaume. Elle a proposé différentes mesures pour promouvoir ce contrat tant auprès des assurés que des assureurs. L'assurance maritime, en lien avec les nombreux domaines juridiques que sont le droit des obligations, le droit commercial, le droit maritime, le droit cambiaire ou encore celui des sociétés, a alors évolué sous l'influence conjuguée des juges et des marchands, toujours soucieux de trouver un équilibre contractuel
Shipping insurance is the first known form of insurance. It was instituted at the end of the Middle Ages and spread to the whole of Europe in the sixteenth century. Rouen, as one of the largest commercial and maritime cities in the Kingdom of France, was the first and indeed the only city to be given a patent for insurance as early as 1556. It is therefore the ideal place in which to study such a contract in this country. The fluctuating nature of insurance quickly pinpointed the problem of balancing the interests of the parties involved. On the one hand, the insured person needed to be able to benefit from guaranties allowing him to resort to insurance. Similarly, the insurer needed to be protected since he not only had the responsibility of the voyage, with the risks that that implied, but was also dependent on the honesty of the person insured. Together with their “insurance agents”, the merchants of Rouen therefore sought and adopted solutions to this problem. The Royal Ordinance of Shipping, in 1681, – the first French legislation on insurance – then endeavoured to unify the customs and uses carried out in the Kingdom of France. It offered various measures to develop this contract between the insured and the insurer. Maritime insurance, together with the many other sectors of law such as that of obligations, commercial law, maritime law, law pertaining to Exchange or to Societies, then evolved under the combined influence of the judiciary and of merchants, continually seeking a contractual balance
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11

Ranni, Davide. "La produzione di videoclip attraverso le sue trasformazioni economiche, sociali e distributive." Master's thesis, Alma Mater Studiorum - Università di Bologna, 2021. http://amslaurea.unibo.it/23538/.

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Questo lavoro intende dimostrare in quali modi e tramite quali strumenti la produzione di videoclip sia cambiata nel corso degli anni attraverso le sue trasformazioni nei campi della distribuzione, della legislazione e dei finanziamenti al videoclip. Comprendere cosa voglia dire oggi produrre un videoclip significa constatare come questi tre macro-argomenti abbiano influenzato, secondo diverse sfaccettature, i budget e gli investimenti monetari da parte delle case discografiche. Inoltre, non si vuole dare un giudizio sulla natura stilistica dei videoclip o fare una critica su quelli che stilisticamente si avvicinano a una bellezza cinematografica, ma affermare che una buona produzione e un discreto budget, uniti a una buona collocazione distributiva e l’uso di finanziamenti pubblici e privati, può far sì che il videoclip sia ancora un mezzo remunerativo, sia a livello economico sia a livello di immagine dell’artista. L’obiettivo principale, quindi, del videoclip è riferito alla sua funzione sociale e non alla finalità economica; l’engagement tra artista e audiece non comporta un ritorno ecnomico, ma un guadagno sociale, di immagine e di fidelizzazione perché un’artista, che sia un cantante, un attore o un qualsiasi performer nell’industria dell’entertainment, è possibile assimilarlo a un brand, a un’azienda che ha bisogno di “fedeli seguaci” che supportino il prodotto, il quale, in questi casi, coincide con la persona stessa.
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12

Pang-Chung, Chin, and 靳邦忠. "The Legal Functions and Status of the Consumer Protection Administration Commission Based on the Evolvement of Executive Tasks." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/67889926082629560767.

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碩士
國立臺北大學
法學系
94
Today’s governments are gradually beginning to pay more emphasis on consumer protection instead of nurturing and protecting their domestic industries. It is hoped that improved consumer protection will foster healthy competition and the development of good relations between consumers and the industries that serve them. Since consumer protection is considered one of the basic duties of governments today as well as an important marker of a nation’s progress, Taiwan has also sought to keep up with this worldwide trend. It promulgated the Consumer Protection Law further stipulated that relevant agencies in the central government and local government were the main authorities in charge of consumer protection into the administration of government, thereby putting consumer protection right into effect. To that end, the Consumer Protection Commission(CPC)was established on 11 January 1994, Following the global trends of internationalization, computerization, and liberalization, Taiwan is accelerating the rate at which it is relaxing various restrictions on commercial activity. As a result, its economic and social environment is undergoing vast, rapid changes. In the area of consumer protection policy, the government has been ensuring consumer safety and fair trade through regulation and guidance of business operators. The organizations function and duties operation of the Consumer Protection Commission need enhance according the practical experience during the last decades. Particularly, how to distinguish the role from the civil Consumer Protection groups is the specialty of government authority and the legal future position of the consumer protection. This study aims at constituting the legal system on collecting information from various countries at first. There are several focal issues in this paper, such as the practical idea of the evolvement of executive tasks, which is the base function and construction of consumer administration, etc. In the middle of this study, it focus on civil right item of the consumer administration organization, such as specifying the governments investigative powers and powers in handling emergencies, sets forth the penalties to the imposed on, discussing how the practice words in Taiwan;Based on the Consumer Protection Law, the CPC and each local government were required to install consumer ombudsmen, of which there are presently a total of 36 through out Taiwan. This is an intestinal system all over the world. The duties, subordinates and functions of these consumer ombudsmen have been necessary to be discussed in recent years. After pointing out the issues, the study also tries to find the way to resolve the legal function and status of the consumer problem commission, in order to distinguish from private consumer protection groups. The last chapter is suggestion and conclusion…
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13

Nagarajan, Vijaya. "The Australian authorisation process : discretion and public benefit in a regulatory agency." Phd thesis, 2009. http://hdl.handle.net/1885/151672.

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14

Bolandnazar, Mohammadreza. "Essays on the Effects of Frictions on Financial Intermediation." Thesis, 2021. https://doi.org/10.7916/d8-x3ge-kw10.

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This dissertation aims to study the behavior of intermediaries under market imperfections and the consequences of that for the financial market's functioning. To do so, I focus on two classes of market frictions: funding constraints and information asymmetry. Chapter 1 studies how the dealers' capital constraints affect the market liquidity in the presence of imperfect competition and how recent regulations have shifted the competitive landscape of interest rate swaps. On the subject of informational frictions, Chapters 2 and 3 study empirically and theoretically the pace at which prices incorporate private information under the limited learning capacity of the informed traders. Understanding the microstructure of the swap markets is of interest to both policymakers and academics, especially for it helps in the efficient implementation of post-crisis regulations, namely the Dodd-Frank Act. An understudied dimension of the swap market microstructure is the determinants of the cost of the market-making activity. Using a proprietary regulatory dataset collected by the Commodity Futures Trading Commission (CFTC) on both the interest rate swap transactions and the collateral requirements at the London Clearinghouse (LCH), in Chapter 1, I study the key balance sheet constraints that affect the ability of the bank-affiliated dealers to provide intermediation service to the end-users. Most of the interest rate swaps are now mandated to be centrally cleared. This has increased the dealer's need for collateral in the form of highly liquid assets (cash and cash equivalents) to back their swap exposures. Facing capital adequacy measures such as Supplementary Leverage Ratio (SLR), dealers find it even costlier to increase the size of their balance sheet to fund these margins. I show that a 1-percentage point increase in SLR leads to an increase of 1.09 percentage points in the bank's cost of capital per unit of margin requirement. Furthermore, I find the funding spread of the dealers (the difference between the cost of external funding and the risk-free rate) is also a relevant factor for determining the dealer's marginal cost of swap transaction; a cost that is evidently transferred to the end-users in the form of less favorable prices. Measuring the cost of intermediation for the dealer-to-client interest rate swap market is challenging because of the high concentration in the market-- the first seven dealers intermediate more than 50% of the total notional traded. Therefore, one must consider the nontrivial effect of markups in transaction prices to estimate the marginal cost of intermediation reliably. For this reason, I model a differentiated product demand for swaps in the spirit of empirical Industrial Organization (IO) literature and structurally estimate this model to account for the markups in the transaction prices using estimated price elasticities. The demand estimations show economically interpretable heterogeneity among the end-users in their taste for duration risk hedging. The structurally estimated equilibrium model of intermediation can serve as a basis for answering counterfactual policy questions, especially in the debate on the social costs and benefits of excluding initial margins in calculating supplementary leverage ratio. In Chapter 2, I turn the focus to the impact of informational frictions on market-making activity. More specifically, we study the informed trading under random stopping time. Empirical evidence is provided based on an episode of time when the Securities and Exchange Commission (SEC) unintentionally disclosed security filings to some investors before the public for several years. For technological reasons, the delay between the private and public disclosure was exogenously random. We exploit the variation in the time window of private information to show the intensity of trades and the speed at which market prices reach their efficiency, decrease with the expected arrival time of public announcement. In addition, we find the learning capacity of the insider determines the evolution of trading intensity over time. In Chapter 3, inspired by the stylized facts observed in the earlier chapter, I extend the Kyle (1985) model of strategic trading to a case with limited learning capacity of both the dealers and the informed traders (insiders). The insider does not perfectly observe the true value of the security, but he continues to hone his knowledge by using private information sources over time. Two classes of equilibria emerge from this model. In one class, the insider trades excessively patiently, and the market efficiency is reached only asymptotically. In the second type, the insider optimally chooses a deterministic time T, before which he trades patiently as in Kyle (1985) until the price reaches its full efficiency. After T, the insider keeps revealing every piece of new information immediately, and the market price stays efficient while the insider keeps making profits. Which equilibrium emerges depends on the insider's learning capacity, initial informational advantage, and the private source's informational content.
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Munyai, Phumudzo S. "A critical review of the treatment of dominant firms in competition law : a comparative study." Thesis, 2016. http://hdl.handle.net/10500/21908.

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In South Africa compliance with competition law has become a major concern for firms that achieve and maintain certain levels of success and growth in the market, as their actions are often a source of complaints and litigation by rivals and competition authorities. With substantial financial penalties often levied against them for a variety of conduct deemed to constitute an abuse of their market position, dominant firms must constantly be aware of the likely impact of their business strategies and actions on both rivals and consumers. What were once thought to be normal and economically sound business practices and decisions, such as cutting prices to attract customers, have now acquired new meanings, with devastating consequences for dominant firms. So, are dominant firms under attack from competition law? In this study I aim to determine this. I track the historical development of competition law in three jurisdictions: South Africa, America, and the EU, with the aim of identifying traces, if any, of hostility towards dominant firms in the origins of competition law. I further investigate whether the formulation and enforcement of certain aspects of existing abuse of dominance provisions manifest as hostility towards dominant firms. While acknowledging the important role that competition law enforcement plays in promoting competition and enhancing consumer welfare, I conclude that significant unjustified economic and legal prejudice is suffered by dominant firms as a result of the way in which certain abuse of dominance provisions have been formulated and applied. I also offer appropriate recommendations.
Mercantile Law
LL. D.
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16

Letria, José Jorge. "O conceito de gratuitidade no consumo de bens culturais." Doctoral thesis, 2016. http://hdl.handle.net/10071/14911.

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Esta tese foi construída com base em três eixos fundamentais: uma parte expositiva que familiariza o leitor com o modo como o conceito de gratuitidade se tem expandido e consolidado, com o quadro legislativo que, objectivamente, a favorece, com o contributo das novas tecnologias para a sua propagação e com o modo como as sociedades de autores se batem no plano nacional e internacional para reduzir os efeitos perniciosos de que ela se reveste; uma parte constituída por 23 depoimentos de autores, juristas e vários dirigentes de sociedades de gestão colectiva e de outras estruturas que opinam sobre os danos causados pela gratuitidade e avançam com sugestões relacionadas com a forma de a contrariar, em benefício dos criadores e das culturas nacionais de que são elementos dinâmicos; o terceiro pilar é constituído por quadros estatísticos e por uma análise comparativa de valores nacionais e internacionais que facultam ao leitor uma ideia sobre a situação portuguesa em matéria de consumos culturais e sobre a evolução temporal de um quadro muito complexo em termos jurídicos, sociológicos, económicos e sociais. Tentou o doutorando evitar que uma das vertentes analíticas se sobrepusesse às restantes e as descaracterizasse. Por esse motivo, expôs um lote significativo de conceitos e opiniões, de forma a dar ao fenómeno da gratuitidade um enquadramento equilibrado e plural. O trabalho de investigação do doutorando incidiu sobre o período compreendido entre 2008 e 2012, tanto no plano nacional como no internacional e levou também em consideração factos e documentos de outros períodos considerados fundamentais para a compreensão do tema em análise. Escrita durante mais de dois anos, esta tese foi marcada pela difícil gestão do tempo de resposta por parte de personalidades nacionais e estrangeiras com vidas profissionais e criativas muito sobrecarregadas e exigentes.
This thesis was structured on three fundamental axes: an expository piece that familiarizes the reader with the way the concept of gratuity has expanded and consolidated, the legislative framework that objectively favours such gratuity, the way new technologies have contributed to its spread and the way societies of authors, on national and international levels, are battling to reduce the harmful effects it encases; a part consisting of 23 testimonies from authors, lawyers and leaders of CMOs and other structures, expressing their opinion on the damages caused by gratuity and putting forward suggestions on how to counteract it, in benefit of the creators and the national cultures, of which they are active elements; the third pillar consists of statistical tables and a comparative analysis of national and international numbers that provide the reader with a precise view of the Portuguese situation regarding cultural consumption and the temporal evolution of a very complex legal, sociological, economic and social framework. We tried to prevent one of the analytical lines from overcoming the remaining ones, and by so mischaracterizing them. Therefore, we present a significant batch of concepts and opinions, as a way to provide the phenomenon of gratuity with a balanced and pluralistic framework. This thesis, which took over two years being written, was marked by difficult management of response time from the national and foreign personalities, whose professional and creative lives are very overwhelming and demanding.
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Perlman, Leon Joseph. "Legal and regulatory aspects of mobile financial services." Thesis, 2012. http://hdl.handle.net/10500/13362.

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The thesis deals with the emergence of bank and non-bank entities that provide a range of unique transaction-based payment services broadly called Mobile Financial Services (MFS) to unbanked, underserved and underbanked persons via mobile phones. Models of MFS from Mobile Network Operators (MNOs), banks, combinations of MNOs and banks, and independent Mobile Financial Services Providers are covered. Provision by non-banks of ‘bank-type’ services via mobile phones has been termed ‘transformational banking’ versus the ‘additive banking’ services from banks. All involve the concept of ‘branchless banking’ whereby ‘cash-in/cash out’ services are provided through ‘agents.’ Funds for MFS payments may available through a Stored Value Product (SVP), particularly through a Stored Value Account SVP variant offered by MNOs where value is stored as a redeemable fiat- or mobile ‘airtime’-based Store of Value. The competitive, legal, technical and regulatory nature of non-bank versus bank MFS models is discussed, in particular the impact of banking, payments, money laundering, telecommunications, e-commerce and consumer protection laws. Whether funding mechanisms for SVPs may amount to deposit-taking such that entities could be engaged in the ‘business of banking’ is discussed. The continued use of ‘deposit’ as the traditional trigger for the ‘business of banking’ is investigated, alongside whether transaction and paymentcentric MFS rises to the ‘business of banking.’ An extensive evaluation of ‘money’ based on the Orthodox and Claim School economic theories is undertaken in relation to SVPs used in MFS, their legal associations and import, and whether they may be deemed ‘money’ in law. Consumer protection for MFS and payments generally through current statute, contract, and payment law and common law condictiones are found to be wanting. Possible regulatory arbitrage in relation to MFS in South African law is discussed. The legal and regulatory regimes in the European Union, Kenya and the United States of America are compared with South Africa. The need for a coordinated payments-specific law that has consumer protections, enables proportional risk-based licensing of new non-bank providers of MFS, and allows for a regulator for retail payments is recommended. The use of trust companies and trust accounts is recommended for protection of user funds. | vi
Public, Constitutional and International Law
LLD
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18

Akila, Suzanne. "Participation and the Protection of Citizens Abroad in International Law." Phd thesis, 2015. http://hdl.handle.net/1885/110015.

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While the concept of protecting citizens abroad is a familiar one in public debate and international law, the practice of protection is little studied. Two ideas define the way in which the protection of citizens abroad is understood. Since the early twentieth century, international legal scholarship has contemplated the protection of citizens abroad through the decisions of international courts and tribunals. Many legal and non-legal measures may be taken to protect a citizen from a violation of international law abroad, yet scholars focus their attention narrowly on international legal cases. The second idea is that protection is a State enterprise. States may be praised for their interventions on behalf of their citizens or lambasted for their inaction. Scholarly analyses focus almost exclusively on State behaviour and preferences, without considering how other actors may influence, drive or inhibit protection. These framing ideas, international litigation as protection and a focus on States as protective actors, obscure other dimensions of protecting citizens from violations of international law abroad. This thesis investigates the nature of participation in the protection of citizens abroad and its significance for international law. It explores the actors who drive and deliver the protection of nationals, the behaviours that constitute the practice of protection, and the motivating factors for protective behaviour. The purpose of the study is to better understand the phenomenon of protection. The thesis examines examples of protection by Germany, Mexico and Australia. I observe that the protection of citizens abroad is a multi-actor phenomenon, where networks of actors form together to produce protective outcomes. Where there is an alignment of values and the opportunity to harness expertise, networks may form to devise strategies of intervention and perform tasks of protection. I propose that, in order to better account for participation in the international order, a more complex view of sovereignty is needed. I argue that the protection of citizens abroad is best understood through the concept of distributive sovereignty, whereby States distribute and delegate their protective functions across a network of State and non-State actors.
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