Suppliers to a sellers’ cartel and the boundaries of the right to damages in U.S. versus EU competition law

While customer damage claims against price-cartels receive much attention, it is unresolved to what extent other groups that are negatively affected may claim compensation. This paper focuses on probably the most important one, suppliers to a downstream sellers’ cartel. The paper first identifies three economic effects that determine whether suppliers suffer losses due to a cartel by their customers. We then examine whether suppliers are entitled to claim net losses as damages in the U.S. and the EU, with exemplary looks at England and Germany, delineating the boundaries of the right to damages in the two leading competition law jurisdictions. We find that, while the majority view in the U.S. denies standing, the emerging position in the EU approves of cartel supplier damage claims. We show that this is consistent with the ECJ case law and in line with the new EU Damages Directive. From a comparative law and economics perspective, we argue that more generous supplier standing in the EU compared to the U.S. is justified in view of the different institutional context and the goals assigned to the right to damages in the EU. We demonstrate that supplier damage claims are also practically viable by showing how supplier damages can be estimated econometrically.     

Caring consumption as marketing schema: representations of motherhood in an era of hyperconsumption

What can representations of women's ‘caring consumption’ (Thompson 1996 Thompson, C., 1996. Caring consumers: gendered consumption meanings and the juggling lifestyle. Journal of consumer research, 22, 388–407. Available from: http://www.jstor.org/stable/2489789.[Crossref], [Web of Science ®] , [Google Scholar]) reveal about broad cultural understandings of the nature of motherhood? We study Canadian television advertisements to gain insight into the production of cultural schemas and the reproduction of beliefs about gender and motherhood. Employing an inductive qualitative analysis of portrayals of mothers and women who are not depicted as mothers, we find that the defining feature of mothers' consumption is a unidimensional depiction of control and caring for others, presented as self-evidently gratifying and fulfilling, in the absence of competing consumption goals. Mothers' identity emerges solely from successful consumer choices that benefit others. Such unidimensional representations of consumption stand in contrast to the consumption of women who are not depicted as mothers, who are found to engage in hyperbolic and indulgent consumption targeted towards self-gratification. We thus provide novel empirical data which show that depictions of consumption in mothers and in women not depicted as mothers are extreme in nature. Our findings provide support for, and elaborate on, the concept of ‘caring consumption’ by helping to make sense of media representations appearing within the conjunction of the contemporary marketing context of hyperconsumption, and the parenting/gender context of intensive mothering. By examining extreme consumption in television advertisements, we gain insight into features of maternal consumption ideals that may not be observable in everyday instantiations, such as the lack of mothers' consumption for self-benefit.     

The More,the Merrier? Interest Groups and Legislative Change in the Public Hearings of the German Parliamentary Committees

The article examines the impact of organised interests on the passage of legislation in the German Bundestag through an empirical analysis of the position papers presented in the public hearings of its standing committees in 2011. These committees are the most important forums to revise legislative proposals. Drawing on resource dependency theory, we employ GLM regression analyses to study if interest groups act as change agents that bring legislation closer to their own policy preferences. Controlling for institutional and bill characteristics, we discuss two major findings that shed light on the role of interest groups in legislation. First, business groups' opposition to government bills triggers legislative changes because their members control the means of production and make investment decisions. In contrast, fundamental opposition of non-business groups has no impact. Second, bills debated and opposed by a greater number of interest groups undergo more changes pointing to the importance of the density of interest groups and balance of opinions on a proposal.     

Der vernünftige Grund zur Tötung eines Tieres am Beispiel der Dachsjagd – 17 Nr. 1 TierSchG im Lichte des Art. 20a GG und des Allgemeinen Teils des StGB

Natur und Recht - Über Jahrhunderte hinweg konnte die Jagd von den Jagdausübungsberechtigten zum sog. Jagdvergnügen, zum Zeitvertreib oder auch zum bloßen Beweis eigenen...     

A note on the optimality of (even more) incomplete strict liability

This paper starts from the premise that liability is incomplete and establishes that firms may nevertheless invest excessively in care. This may justify a (further) reduction in the level of liability from a social standpoint, thereby arguing against seeking to approach full compensation as close as possible. In our framework, firms are liable under product liability, but also invest in care to prevent consumers’ switching to competitors. Affecting the partition of consumers by means of care-taking is not desirable from a social standpoint. Consequently, it may be optimal to reduce liability below a given level of incomplete compensation in order to adjust firms’ care incentives.     

The Sichuan Earthquake and the Heavenly Mandate: legitimizing Chinese rule through disaster discourse

In the aftermath of the 2008 Sichuan earthquake, the Chinese authorities launched a major public relations campaign to relay positive images of their relief effort and strengthen their political legitimacy. The effect has been a proliferation of symbols and political statements related to the disaster, not only in the official media, but also in cultural products such as movies or mass-media events. The earthquake has become part of the discourse of suffering, struggle, solidarity and ultimately victory. This article examines the ways in which various cultural products present the Sichuan earthquake and asks what meanings national crises have in the Chinese discourse on political legitimacy. The article analyses two cases: Chinese film, here in the form of Feng Xiaogang's blockbuster Aftershock, and performance-based discourses during the Beijing Olympics, the PRC's 60-Year Anniversary and the Shanghai Expo. By conducting a discourse analysis, we show how the earthquake has become part of a recurring discursive formation that is used by state and non-state actors alike to legitimate China's developmental model. Within this discourse, the leadership of the Party, the mastery of free markets and a revamped version of the Confucian idea of benevolent rule are marshaled as the decisive factors for winning any ‘battle’.     

Populism on Difficult Terrain: The Right- and Left-Wing Challenger Parties in the Federal Republic of Germany

Right-wing populist parties in Germany were unable to benefit from the success of their counterparts in neighbouring Western European states from the mid-1980s. Despite this failure, there were several attempts to establish such a party in Germany. Even the ‘centre’ of the political spectrum attempted to approach populist structures and content, and this was especially true of the FDP during the 2002 parliamentary election campaign. After a discussion of the term ‘populism’, we analyse the different parties' opportunities, political proposals and the reasons why they ultimately failed. We then examine the recently founded party ‘The Left’ as a case of left-wing populism, a rarely discussed topic, and we pay particular attention to the development of the leftist alliance between PDS and WASG. Finally, we discuss whether a leftist populist grouping could, perhaps, have better prospects for success in the German party system than a right-wing populist party.