Wednesday, September 11, 2019

The treatment of vertical agreements in EC competition law has changed Essay - 1

The treatment of vertical agreements in EC competition law has changed significantly during the last ten years - Essay Example n years, it is necessary to explain of Article 81 EC, the requirements for the exemption under Article 81(3) and under Commission Regulation 2790/99 on vertical restraints and considering old regulations and relevant case law1. Article 81 regulates anti-competitive behaviour in a wide range of scenarios and has been applied with reference to what the EU is trying to achieve: a level playing field2 for competition within an internal market. The aim of achieving market integration between the Member States is apparent in many rulings of the Commission and European courts. Article 81(1) provides that â€Å"all agreements between undertakings, decisions by associations of undertakings and concerted practices and which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the common market shall be prohibited. In Article 81(3) the conditions for exemption from Article 81(1) are laid down. The way in which the ECJ has interpreted these concepts and requirements will be examined in the following subsection. According to the (C-41/90 Hofner and Elser3), the meaning of undertakings is ‘The concept of undertaking encompasses every entity engaged in an economic activity regardless of the legal status of the entity and the way in which it is financed’. This means that any entity carrying on a commercial or economic activity (company, partnership, sole trader, co-operative) is subject to the competition rules, including individual professionals, non-profit- making services, public utilities, and even public authorities when they are acting commercially, but not when exercising their official authority [Case 30/87 Corinne Bodson v Pompes Funà ¨bres des Regions Libà ©rà ©es4]. Under Article 81, there is first a finding of infringement under Article 81(1). The weighing of the pro- and anti-competitive effects of an agreement only takes place under Article 81(3) which allows exemption for

Tuesday, September 10, 2019

Roisin as a Secular Western Woman in the Film by Ken Loach Research Paper

Roisin as a Secular Western Woman in the Film by Ken Loach - Research Paper Example As the film begins, Casim is shown working as a disc jockey in a club, playing Arabic music. In this scene, the crowd primarily consisting of young British-Pakistanis is depicted dancing wildly to the music. This crowd contravenes the common precept of Islam as a largely conservative religion. It is also fairly unconventional for a Muslim to work as a deejay as Casim does. This scene clearly illustrates the extensive influence that secular western values have had on Islam, and especially on second-generation Muslims. It is evident that these young adults are not devout adherents of Islam and its traditions, like their parents. This lack of complete devotion could be attributed to their intermingling with other cultures and desire to be accepted in a rather diverse society (Ernst 5). Another scene focusing on religion in Ae Fond Kiss is that of Tahara delivering a speech in front of students during what appears to be a class debate (02:48-04:21). The debate evidently revolves around t he West’s unified crusade against global terrorism, as shown on the whiteboard. Tahara presents a strong argument stating that she defies the universal definition of terrorism as provided by the West since it fails to account for the many people subjected to terror in daily circumstances. Most importantly, Tahara says that she rejects the manner in which the West simplifies Muslims. The speech draws one’s attention to the stereotypes held by Westerners for Muslims. It also shows how absurd it is to generalize Muslims and link all of them to terrorism, yet they are as diverse as other religions.

Monday, September 9, 2019

Leadership traits behaviors and styles Assignment

Leadership traits behaviors and styles - Assignment Example However, of significance to the study is Marchionne’s tenure as CEO of Chrysler, an automobile company based in the United States. Marchionne took over as CEO in 2009 replacing Robert Nardelli, at a time when Chrysler faced huge financial constraints. The fact that he had turned Fiat, an Italian based automobile company into a profitable organization, made him the ideal candidate for the job. Marchionne managed to repay Chrysler’s loans to the government six years in advance and re-built Chrysler as a profitable automobile empire within a very short time (Wernle, 2010). Explored in this essay includes Marchionne’s leadership and personality traits, behavior orientation, and leadership style. The Five Factor Model (FFM) outlines five personality dimensions, which include Neurotism, Conscientiousness, Agreeableness, Extraversion and Openness (OCEAN). Within each dimension are primary factors, which describe in detail individual qualities. Personality psychologists such as Eynseck infer that an individual’s personality encompasses a combination of both dispositional and situational factors. Dispositional factors account for internal factors such as temperance and cognitive and genetic predispositions among others. Conversely, situational factors account for external factors predisposed by the environment such as media, family and peers among others. The analysis of personality dimensions proposed by the FFM enables one to analyze an individual in a holistic manner without the overlapping of qualities, which are specific to each dimension. As such, a person either falls on one end of the high-low continuum of each dimension. Sergio Marchionne is high in conscientiousness, low in neuroticism, high in openness to experience, moderate in extraversion, and low in agreeableness. Conscientiousness encompasses an individual’s inclination towards being involved and dependable. As a CEO,

Sunday, September 8, 2019

The Truth Behind the Elgin Marbles Essay Example | Topics and Well Written Essays - 1000 words

The Truth Behind the Elgin Marbles - Essay Example With all these in mind, Elgin marbles indeed represented rich scenes of Athens history. His controversial acquisition of which happened in Athens between 1801 and 1805, when he claimed to have obtained a permit from the Ottoman authorities to remove some of which from the Parthenon (British Museum, n.d.). The issue on the Elgin Marbles came about when Elgin starts to remove about half of the remaining Parthenon sculptures by transporting it by sea to Britain. The collection which includes objects from other buildings of Acropolis such as the Erechtheion, the Propylaia, and the Temple of Athena Nike were housed in the Elgin Room at the British Museum where it remained until the Duveen Gallery was built. Here, he faced some criticisms, associating his actions to vandalism or stealing. On the other hand, there were some people who supported him. This resulted to the growth of a public debate reaching the courts of the Parliament as to whether the Marbles should remain in the British Mus eum since it was purchased by the British government or to be returned to Athens (British Museum, n.d.). ... However, though Elgin claims that he was given permission by the Sultan to do so, he is not able to show the original document that proves the truth to it, although there are said to be translated versions of which in Italian, the authenticity of which are being doubted upon. To confirm the legality of Elgin’s action, he requested to have an examination of the documents that would make the purchase authorized. In the process of doing so, they found out that the claimed document was an accurate translation of an Ottoman firman that is dated July 1801. According to Elgin, he took this as an authorization to remove the marbles from Athens. Now, the question is if any of the Ottoman’s party was informed by this activity of Elgin when it is alleged that the said Italian copy of the firman was not presented to them by Elgin or anyone from his party. According to one of his associates, named Rev. Philip Hunt, he was not able to bring the document because he was not informed th at he was going to testify as a witness to this agreement. The issue gets trickier when William St. Clair, a biographer of Lord Elgin attests to have Hunt’s Italian document and guarantees the accuracy of the English translation when the document presented to the committee actually did not have any signature or the Ottoman’s firman that automatically nulls its validity. Also, the lines contained in the document pertaining to the removal of the marbles in fact only holds a permission for Elgin’s team to fix scaffolding, make drawings, and measure the remains of the ruined buildings and nothing was said about taking it all away (British Museum, n.d.).

Saturday, September 7, 2019

Car Commercials Essay Example | Topics and Well Written Essays - 1000 words

Car Commercials - Essay Example Mercedes-Benz is a high-class automobile company which products are always made for luxury, dependability, and reliability (Biebrach 3). Mercedes-Benz, for instance, is currently the most advertised model of cars in the continent with the best and largest customer test fleet. The main objective of the company is to reduce fuel consumption and to minimize emissions, as well as eliminating them in the process (Ferreira para.3). The whole point behind creating extravagant, informative, and creative commercials is to get people to buy, use, or sell the product. In his statement, Dr Martin Zimmermann, President and CEO of Mercedes-Benz South Africa, said that Mercedes-Benz customers want comfortable, safe, and very powerful vehicles that are efficient and environmentally compatible. Of course, there is the bragging aspect where people air all of their achievements in the hopes of allowing customers to realize just how fantastic their company is. He added that the main challenge is to make motor vehicles more efficient and clean without interfering with safety or comfort (Ferreira, para.7). This emphasis is included in commercials in order to lure customers. It is obvious that high-class cars or vehicles are very expensive to be afforded by poor people and, of course, cheaper for the rich citizens. This is the reason why Mercedes-Benz decided to invent a new model â€Å"A-Class† that will be affordable by all the people in various social strata (Biebrach, 3). Its is believed that the first campaign for Mercedes-Benz advertisement happened in 20th May 1996, however, their first class car â€Å"A-Class† was officially launched on October, 18th 1997. The strategy of the campaign had four phases: â€Å"Big Bang,† New Perspectives,† New choices† and â€Å"New Experiences† (Biebrach, 3). The key goal and objective of the campaign was to sell 80,000 cars in a year and make

Friday, September 6, 2019

Wilfred Owen Essay Example for Free

Wilfred Owen Essay Wilfred Edward Salter Owen was born on 18 March 1893 and died on 4 November 1918. He was an English poet and soldier, one of the leading poets of the First World War. His shocking, graphic poetry about the First World War was very heavily influenced by his friend, Siegfried Sassoon. There was a vast contrast between his poetry about the war and that of others, such as Rupert Brooke, as his took on a completely different perspective, and showed the readers a whole new side of the war. This wasn’t how he always looked at the war though. It was out of his own free choice that he joined the army, but it was two traumatic experiences that caused his view point to change so drastically. Firstly, he was thrown into the air when hit by a trench mortar and landed in the remains of a fellow soldier. Then, he was trapped for days in a German dugout. It was these two horrible experiences that caused his dramatic change of mind, and caused him to suffer from ‘shell shock’, which led to him being sent to a hospital for treatment. That was where he met fellow poet Siegfried Sassoon, and this meeting changed his life. In March 1918, he was sent to a command depot in Ripon, and here, a number of poems were written. After he had recovered, he was sent back to the front line, and tragically, a mere week before the war ended, he was shot in the head and died. Owen started writing poems long before the war, and he stated that he started at the age of ten. His friend, Siegfried Sassoon had a large effect on his poetry, especially in ‘Dulce et Decorum est’ and ‘Anthem for Doomed Youth’. These show direct results of Sassoon’s influence. A poem by Pat Barker was written about their relationship. His poetry changed significantly in 1917, where as part of his therapy his doctor got him to write his experiences down into poems. Though thousands of poems were published during the war, very few were acknowledged, and even fewer were loved, but Owen was one of them. Only 5 of Wilfred’s poems were published before he died. It was a popular belief that Owen was a homosexual, and there were some elements of homoeroticism in his poems, though he never actually said this. Historians have speculated as to whether he had an affair with Scott-Moncrieff, as Scott had dedicated many of his works to ‘Mr. W.O.’, but Owen never responded on this matter. It was only as a result of Sassoon being shot that led to his decision to return to the front line back in France, even though he could have chosen not to. He felt he needed to ‘take Sassoon’s place’. However, Sassoon was strongly opposed to the idea, and even threatened to ‘stab him in the leg’ if he tried it. Aware of what Sassoon thought, Owen didn’t tell him he went ahead with it and returned to the front line. He was killed whilst crossing the canal on 4 November 1918.

A safe Choice-but her only choice Essay Example for Free

A safe Choice-but her only choice Essay James Joyces short story Eveline sets the stage for a time between adolescence and maturity. Written in 1914, which was four years short of the womens suffrage in Ireland, the storys protagonist, Eveline, is largely influenced by the feminist issues. Since she has little control over her life, Eveline has grown accustomed to a routine life. She is paralyzed from the thought of leaping into a new path. Eveline faces two extremes: a miserable home life or a dramatic escape to an uncertain future. Both extremes she deals with involve a man controlling her life. Living in the early 1900s women did not have the opportunity to be independent. No matter which path she chooses, she would still answer to a man. She lives in a male-dominated world in which she is stripped of choice and emotion. She is helpless against the way her life is heading. Considering this, one cannot blame her for choosing to stay home because it was not much of a choice, and she has never made an independent choice of her own. If she left with Frank, her lover, then there could be the possibility of danger. â€Å"She felt him seize her hand† (Joyce 7). Joyce’s choice of diction â€Å"seize† tells the audience that Eveline’s guard is up because she knows how a man can be abusive. She saw this with her mother and father and wants to have a life different from her mother but cannot. Furthermore, psychologically, Eveline cannot move towards Frank because she was exposed to a life of domestic violence, which her mother and older brothers endured. She knows how violent a man who at times can be even kind, funny, and sweet. â€Å"She remembered her father putting on her mother’s bonnet to make the children laugh† (Joyce 6). That same man turns into an aggressive, ruthless man who selfishly makes his daughter feel guilty about herself. On the other hand, she has known him her entire life. Her older brothers used to take the beating and now that they are not there â€Å"†¦he had begun to threaten her and say what he would do to her for only her dead mother’s sake† (Joyce 4-5). If she has gone 19 years without a beating, then there would be a good chance of his threats as just talk. Since he says, he will not hit her for â€Å"her dead mother’s sake,† then one would think he would honor his word for the respect of his deceased wife. All of Eveline’s life has revolved around her family. She runs her household domestically and works for a living in which all her earnings wind up with her father. In addition, she manages to care for her two younger siblings seeing them to school and preparing dinner. Since the death of her mother, she took over domestically and maternally with no choice. Her mother, on her deathbed, made Eveline â€Å"promise to keep the home together as long as she could† (Joyce 6). By doing so her mother has caused another obstacle Eveline must face in order to leave, that is the guilt of a broken promise. As any good daughter would, she stays to fulfill her vow. This vow gives Eveline another excuse to stay home and carry out her routine life. In addition, Eveline knows the difficulties of her life but she still prefers it. Joyce explains Eveline’s view of her life â€Å"†¦a hard life but now that she was about to leave it she didn’t find it a wholly undesirable life† (5). Any modern day daughter with those responsibilities would find that a very undesirable life, but Eveline changing her mind about leaving shows the reader how she cannot bear to abandon her family and this life, which has been the only thing, she has known her whole life. Because compared to an unknown destiny, Eveline would much rather stay home and be miserable because she would expect this. Being a woman with little say in her everyday life, the present opportunity is new to her, and she cannot make a major decision on her own because she has never had to. Eveline has been given an opportunity to flee home in hopes of happiness, but she could not risk a life of uncertainty. Frank, a sailor, offers a chance of happiness to her and â€Å"†¦she had begun to like him† (Joyce 6). Eveline says that she â€Å"like(s)† him; not loves. Can their â€Å"like† for one another be enough to survive in the New World? Joyce says that Eveline â€Å"begun† meaning she barely knew if she was interested in him not if she was ready for a lifetime commitment. Eveline’s upbringing influences her adult decisions because she has never known anything but Ireland. The fear of leaving home is essentially, why she doubts Frank. A future with him is not set in stone; thus, it cannot be. As one might foreshadow, â€Å"she chooses the hell she knows rather than the possible hell of the unknown† (Rogers 172). Hell here symbolizes the men and she would much rather be with the familiar than the unfamiliar. She likes to play it safe because if Frank turns out to be the worst, then where will she go since going back home is not an option. As they are ready to begin this epic adventure in her life, Eveline believes that â€Å"†¦he would drown her. She gripped with both hands at the iron railing† (Joyce 7). The first part â€Å"he would drown her† meaning he would not save her from this wretched life. This is a change of setting from the window seal to the sea. The window was sturdy, whereas, the sea is constantly moving. She is unable to adjust to this new path because she believes Frank cannot guarantee a life better than her home. â€Å"She gripped with both hands at the iron railing† symbolizes her paralysis. The iron railing signifies the home ground and she grips on the rail for dear life. Her actions tell the reader how fearful she is to leave her homeland. Eveline does not want to depart the only thing she has known. Eveline’s life is routine from the footsteps in front of her house to turning her wages to her father every week. â€Å"But Eveline†¦ perceives any and every change as a loss†¦ she knows this with her head, her heart rejects it†¦Ã¢â‚¬  (Rogers 171- 172). Eveline cannot seem to grasp the changes around her as a positive because deep inside her she knows where she must be, at home. Meeting Frank was a change to her and instead of embracing it; she ultimately fears it. Even, if staying home will most likely lead to a miserable life one like her mother’s, she would because she cannot accept change. Today, most young women have not had to endure a â€Å"life of commonplace sacrifices† (Joyce 6). Sadly, Eveline has no choice but to stick to the familiar and steer away from any fickle opportunities. If Joyce set the setting during a modern era, then Eveline would be more aware of the opportunities there are now. Furthermore, the world today has come along way and is not as male-dominated as before.