Verwaltungsprozessrecht

Ohne Zusammenfassung     

THE PROHIBITION OF THE PROPOSED SPRINGER-PROSIEBENSAT.1 MERGER: HOW MUCH ECONOMICS IN GERMAN MERGER CONTROL?

We review the Bundeskartellamt (Federal Cartel Office Germany)decision on the proposed merger between Springer and ProSiebenSat.1from an economic point of view. In doing so, it is not our goalto analyze whether the controversial decision by the Bundeskartellamthas been correct or flawed from a legal point of view. Instead,we analyze whether the economic reasoning in the decision documentreflects state-of-the-art economic theory on conglomerate mergers.Regarding such types of mergers, anticompetitive effects eitherdo not occur regularly or are more often than not overcompensatedby efficiency gains, so that a standard welfare perspectivedemands reluctance concerning antitrust interventions. Thisis particularly true if two-sided markets, like media markets,are involved. However, anticompetitive conglomerate mergersare not impossible, in particular in neighboring markets wherethere is some relationship between the products of the mergingcompanies. In line with the more-economic approach in Europeanmerger control, a particular thorough line of argumentation,backed with particularly convincing economic evidence, is necessaryto justify a prohibition of a conglomerate merger from an economicpoint of view. Against this background, we do not find the reasoningof the Bundeskartellamt entirely convincing and sufficientlystrong to justify a prohibition of the proposed combinationfrom an economic perspective. The reasons are that (i) the Bundeskartellamtfails to continuously consider consumer and customer welfareas the relevant standards, (ii) positive efficiency and welfareeffects of cross-media strategies are neglected, (iii) in contrast,the competition agency sometimes appears to view profitabilityof post-merger strategy options to be per se anticompetitive(efficiency offence), (iv) the incontestability of the relevantmarkets is not sufficiently substantiated, (v) inconsistenciesoccur regarding the symmetry of the TV advertising market duopolyversus the unique role of the Bild-Zeitung and (vi) the employmentof modern economic instruments appears to be underdeveloped.Thus, we conclude that the Bundeskartellamt has not embracedthe European more-economic approach in the analyzed decision.However, one can discuss whether economic effects are overcompensatedin this case by concerns about a reduction in diversity of opinionand threats to free speech. Similar to the Bundeskartellamt,we do not consider these concerns in our analysis.     

Effectiveness of a risk–need–responsivity‐based treatment program for violent and sexual offenders: Results of a retrospective,quasi‐experimental study

Purpose

Relapse prevention is an important goal in correctional settings. Although there is strong evidence for the effectiveness of certain treatment programs for juvenile offenders, those for adults lack such evidence. This study evaluated the effectiveness of a risk–need–responsivity (RNR)‐based intervention.

Methods

A quasi‐experimental, observational study design and cox regression analysis were used to compare treated violent and sexual offenders (n = 171) with untreated offenders (n = 241).

Results

Both groups were observed for an average of 7.9 years. Recidivism rates of treated offenders (11.7%, n = 20) were similar to those of control offenders (15.8%, n = 38; p = .25). When controlling for confounding variables, the hazard of recidivism in the treatment group was 5.2% lower than that in the control group. Subdividing the treatment group resulted in lower hazard ratios for offenders still in therapy when released and offenders cancelling therapy. However, none of the group differences was statistically significant.

Conclusion

Our results show that control and RNR‐based treatment groups had comparable recidivism rates with a trend towards a positive treatment effect, especially for people in outpatient treatment. However, criminal history, age at the start of follow‐up, and actuarial risk of recidivism were significantly associated with recidivism. Future research needs to apply elaborate methodological approaches to detect robust treatment effects and consider different criteria of treatment effectiveness. Furthermore, the influence of prison climate, motivational factors, intervention quality, and factors supporting the success of outpatient treatment should be considered in future studies of larger offender samples.     

Verhandeln statt Argumentieren oder Verhandeln durch Argumentieren? Eine empirische Analyse auf der Basis der Sprechakttheorie

In a recent debate in German political science the terms ?bargaining and arguing“ have been construed as semantic opposites in the same dichotomous way as the terms ?strategic action and communicative action“ and ?game theory and discourse theory“. This paper rejects the notion of these dichotomies and presents a new theoretical approach to distinguish bargaining and arguing as modes of communicative resolution of conflicts. On the basis of speech act theory a method for the empirical analysis of bargaining and arguing processes is developed and demonstrated with an example of interest conflict resolution by mediation. Three conclusions can be drawn: First, in empirical processes of communicative conflict resolution, in almost all cases both arguing and bargaining will be present. Second, within the context of an interest conflict, arguing is not an alternative to bargaining, but a means for bargaining. Third, in the example in question a sequential structure could be observed: The resolution of disagreements over facts and values by arguing took place before the resolution of interest conflict by bargaining.     

Living in the Era of Digital Exhibitionism

Digitally mediated communication technologies have fundamentally changed the problem of child sexual abuse. Sexually explicit images of young people that can be found online range from those documenting offline abuse including adult-to-child and peer-on-peer violence, to self-generated images including those taken within the context of a coercive relationship or those that are shared online beyond the taker's control. Online availability of these images can have serious effects on victims. It is vital to identify what victims need, how youngsters are at risk online, how self-generated images may be shared online beyond the taker's control, and how children who have been traumatized by experiences of sexual abuse (offline as well as online) can be taught to stay safe online. This article summarizes the results of four different studies exploring these issues.