试论对价格跟随行为的反垄断法规制

价格跟随行为,也叫价格领导制,一般出现在寡占市场中。反垄断法并不禁止寡占企业基于寡占的相互依赖性而采取的有意识的平行行为;但在信息不完全的情况下,寡占企业的价格跟随行为会导致企业间协调彼此的定价,从而可能构成协同行为。证明价格跟随行为构成协同行为的关键,是证明企业间合意的存在。由于证明合意的直接证据很难取得,应通过允许使用间接证据、适用事实推定制度等方式进行灵活认定。     

Collaborative Leadership in the Arts as a Unique Form of Dual Leadership

This article examines dual leadership in Australian performing arts companies, reflected in the respective roles of artistic directors and general managers. Our findings challenge assumptions underpinning much of the literature on dual leadership; in particular, the assumption that conflict is inevitable between the two leaders. In our research, we identified dual leadership relationships that might more accurately be described as instances of collaborative leadership. We suggest that one explanation for this presence of collaborative leadership may be that the study found similarities in both leaders’ passion for the arts, often reflected in a shared background in an arts practice.     

Death as a result of asthma in Wayne County Medical Examiner cases, 1975-1987

All deaths ascribed to asthma in the 5-to-40-year age group at the Wayne County Medical Examiners' Office were reviewed from 1975 to 1987 inclusive. Fifty-eight deaths were attributed solely to asthma, and the annual number increased fivefold in the 1980s to a rate of approximately 0.5 per 100,000 per year when extrapolated to the Wayne County population. Blacks were overrepresented to double their proportion in the general population. Almost all cases were known asthmatics, and many had received previous emergency care. Most fatalities occurred at night and did not demonstrate any seasonal variation. The onset of the fatal attack was apparently very rapid in most cases, with many engaged in routine activities and few surviving any length of time in hospital or having sought treatment earlier. Our data reveal a significant increase in sudden death in previously well asthmatics in Wayne County in the 1980s. Similar increases in deaths as a result of asthma have been noted previously in other countries for reasons that remain unclear.     

Harmonisation by Example: European Laws against Unfair Commercial Practices

This examination of the implementation of the European Union's Directive on Unfair Commercial Practices in the United Kingdom by the Consumer Protection from Unfair Trading Regulations 2008 assesses the likely impact on the national law governing the marketing practices of rogue traders, including its ambition to simplify and extend legal protection, and the likely success of the Directive in achieving the harmonisation of the laws and practices regulating marketing in Europe. In particular, the discussion evaluates the regulatory strategy of the Directive in its attempt to secure uniform laws through the combination of principles, rules, and concrete examples of prohibited practices. The paper also investigates the likely impact of the Regulations on the private law of contract and tort and the possibilities for improvements in a consumer's personal right of redress.     

Police Body-Worn Cameras: Perceptions of Law Enforcement Leadership

Many people are enthusiastic about the potential benefits of police body-worn cameras (BWC). Despite this enthusiasm, however, there has been no research on law enforcement command staff perceptions of BWCs. Given the importance that law enforcement leadership plays in the decision to adopt and implement BWCs, it is necessary to assess their perceptions. This is the first study to measure law enforcement leadership attitudes toward BWCs. The study relies on data collected from surveys administered to command staff representing local, state and federal law enforcement agencies in a large southern county. Among the major perceptual findings are that command staff believe BWCs will impact police officers’ decisions to use force in encounters with citizens and police will be more reluctant to use necessary force in encounters with the public. Respondents also believe that use of BWCs is supported by the public because society does not trust police, media will use BWC data to embarrass police, and pressure to implement BWCs comes from the media. Perceptions of the impact of BWCs on safety, privacy, and police effectiveness are also discussed.     

Protective processes: the function of young people's implicit theories of crime in offending behaviour

Abstract

Despite development in high-risk environments, many youths are resilient and do not engage in antisocial behaviour and crime. Research on human traits such as intelligence and morality, suggest that the implicit theories (ITs) people have about the controllability of their behaviour, as either fixed (entity beliefs) or malleable (incremental beliefs) may play a part in successful behavioural outcomes. Using this as a framework, the function of ITs about crime in successful adolescent development was investigated among 422 ‘at-risk’ youths. Incremental ITs of criminality were found to significantly predict less self-reported involvement in youth offending, controlling for academic attainment. Entity ITs, conversely, were associated with an increased rate of participation in deviant behaviour. Further analysis revealed that incremental ITs of criminality moderated the negative effects of associating with delinquent peers on adolescent behaviour. The results demonstrate the direct and indirect protective function of incremental ITs of criminality for youths at risk and highlight the value of investigating further the protective processes that are involved in preventing youth crime.