PRICE DISCRIMINATION UNDER EC COMPETITION LAW: ANOTHER ANTITRUST DOCTRINE IN SEARCH OF LIMITING PRINCIPLES?

The main objective of this article is to shed light on the compatibilityof price discrimination with EC competition law. We offer ananalytical framework which distinguishes between different categoriesof price discrimination depending on their effects on competition.Our framework suggests that different tests are needed to assessthe lawfulness of price discrimination practices under EC competitionlaw. A related objective of the article is to show that Article82(c), the main Treaty provision dealing with price discrimination,should only be applied to the limited circumstances where anon-vertically integrated dominant firm price discriminatesbetween customers with the effect of placing one or severalof them at a competitive disadvantage vis-a-vis other customers(secondary line injury price discrimination). In contrast, Article82(c) should not be applied to pricing measures designed toharm the dominant firm's competitors (first line-injury pricediscrimination) or to partition the single market across nationallines.     

Die argumentative Logik der Tabakmandate des Alten Bern: Eine historische Policy‐Analyse

Zusammenfassung: Die Analyse dynamischer sozialer Phänomene stellt sowohl für die Sozial‐ als auch die Geisteswissenschaften eine Herausforderung dar. Ziel dieses Artikels ist es, einen auf Dunn (2004) aufbauenden Analyseraster auf seine Durchführbarkeit anhand einer Analyse von Policy‐Argumenten in historischen Dokumenten zu testen. Ein Längsschnittvergleich von Struktur und Form der Policy‐Argumente in den Tabakmandaten der Stadt Bern von 1659 bis 1723 zeigt einen Wandel der Tabakpolitik des Alten Berns in der Ortung der gesellschaftlichen Probleme, ihrer Ursachen, den damit festgelegten Massnahmen und derer Legitimation auf. Insgesamt impliziert dieses Resultat, dass unsere Methode für die Analyse historischer Policy‐Argumente geeignet ist.     

Differences in Regulatory Frameworks Governing Genetic Laboratories in Four Countries

The purpose of this article is to determine how the heterogeneity of the different regulatory frameworks governing genetic laboratories in Australia, France, the United Kingdom, and the United States hinder the international availability of genetic tests. We conclude that a better understanding of the various national standards governing genetic laboratories may help health professionals choose laboratories for referral in an evidence based manner in order to protect the patient's best interests.     

Games, information, and evidence production: with application to English legal history

This paper studies the problem of how the legal system regulatesactivity outside the courtroom based on information suppliedin court by interested and potentially dishonest parties. Thesupply of information is analyzed along a game-theoretic dimension:the extent to which the supplier has an interest in how theinformation will be used. Such analysis uncovers a basic trade-offin system design between the 'fixed costs' of hearings (e.g.,the productive activity forsaken by participation) and the costof the evidence produced therein. This trade-off helps to explainand connect several trends in the historical evolution of Englishcivil process.     

Dispelling a Myth? The Fathers of Europe and the Construction of a Euro‐Identity

Abstract:  There is a broad agreement on the fact that today there is a wide gap between the European Union (EU) and the citizens of the Member States. According to a common belief, this gap is the result of a deliberate decision made by the founding fathers and subsequent European officials to keep the integration dynamic distant from the people. Yet, if we look closely at their writings and actions that were initiated by the European Commission at an early stage in the integration process, we can only conclude that there is little evidence to support this common belief. On the contrary, it appears that the founding fathers were eager to inform the public on issues related to the communities and that they did not hesitate to support measures aimed at enhancing knowledge about Europe, its policies, and its institutions. It is essential to question these beliefs in order to improve our understanding of the democratic deficit in the EU and especially of the solutions proposed for remedying it. If we admit that the founding fathers never had the intention of keeping the people in ignorance and that some actions were rapidly taken to bring the EU closer to them then it becomes difficult to claim that a reduction of the democratic deficit will follow when decision-makers simply imagine and adopt programmes aimed at bridging the gap. The question then becomes why have this socialisation and this 'rapprochement' not occurred.     

What I think I see: reflections on the foundations of social policy*

‘I wouldn't like to be sure my vision is true, but I am quite sure that there is something for us to see, aren't you?’ Plato's Republic: Socrates to Glaucon