The Inefficiency of Quasi–Per Se Rules: Regulating Information Exchange in EU and U.S. Antitrust Law

It is well understood that the exchange of information between horizontal competitors can violate competition law provisions in both the European Union (EU) and the United States, namely, article 101 of the Treaty on the Functioning of the European Union and section 1 of the Sherman Act. However, despite ostensible similarities between EU and U.S. antitrust law concerning interfirm information exchange, substantial differences remain. In this article, we make a normative argument for the U.S. antitrust regime's approach, on the basis that the United States’ approach to information exchange is likely to be more efficient than the relevant approach under the EU competition regime. Using economic theories of harm concerning information exchange to understand the imposition of liability in relation to “stand-alone” instances of information exchange, we argue that such liability must be grounded on the conception of a prophylactic rule. We characterize this rule as a form of ex ante regulation and explain why it has no ex post counterpart in antitrust law. In contrast to the U.S. antitrust regime, we argue that the implementation of such a rule pursuant to EU competition law leads to higher error costs without a significant reduction in regulatory costs. As a majority of jurisdictions have competition law regimes that resemble EU competition law more closely than U.S. antitrust law, our thesis has important implications for competition regimes around the world.     

End Matter

Using semi-structured interviews, 35 incarcerated Middle Eastern terrorists have been interviewed – 21 Islamic terrorists representing Hamas (and its armed wing Izz a-Din al Qassan), Islamic Jihad, and Hizballah, and 14 secular terrorists from Fatah and its military wing, PFLP and DFLP. The purpose of the research was to understand their psychology and decision-making in general, and with special reference to their propensity towards weapons of mass destruction.     

Fundamentalism and the justification of terrorist violence

Islamist extremists in Afghanistan and elsewhere are exaggerating their successes in inflicting casualties on American and other International Security Assistance Force (ISAF) forces. This article quantifies the exaggeration for the month of November 2010, putting the claimed casualty rate at approximately one-half battalion per month. It provides an analysis of how and why this is occurring, and links this extremist strategic communication effort to dominant historical master narratives in the region that may produce sympathy among intended recipients of the messages. The authors argue that these measures undertaken by the extremists can be countered successfully through the use of similar story forms, more timely reporting, use of side-by-side comparisons, and use of similar reporting venues. These steps could challenge the credibility of the Taliban reports, reduce sympathy, and diminish potential recruitment.     

Women of Japan and Korea: Continuity and Change,by Joyce Gelb and Marian Lief Palley,eds.

Abstract

Japan and Korea as neighboring countries share some basic similarities in their cultural heritage. Their languages, which belong to the Altaic family, exhibit a striking resemblance in grammatical structure. Yet their writing systems, the kana syllabaries and the han'gul alphabets, are distinct. Both societies have been influenced by Confucianism and Buddhism, but the place of Buddhism in contemporary Japan and Korea is quite different, and the Confucian legacy is believed to be much stronger in Korea than in Japan. The traditional family systems of Japan and Korea were both patrilineally organized, but the details of the descent rules differ markedly. In short, Japan and Korea share the general traits of East Asian civilization, but diverge in the details of their cultural traditions.     

Co-Evolution of a University Department and a Dance Company: Creation of Value of Art in a Community

In Korea, arts and culture in the provinces are at a disadvantage in many aspects. We examine the difficulties of being a provincial dance organization. We analyze the strategies to overcome these difficulties and the resulting process of the co-evolution of a department of dance at a provincial university and its offshoot dance company. In their endeavor for survival, these dance organizations seek to be a part of the community with community dance programs that induce the participation of residents. The resulting values created in the community of the Western District of Daejeon City and the success factors of these organizations are also analyzed. Some implications of the co-evolutionary process to other provincial dance organizations are discussed.     

The Radical Group in Context: 2. Identification of Critical Elements in the Analysis of Risk for Terrorism by Radical Group Type

In this second of two linked articles describing an integrated framework for the analysis of risk for terrorism of a radical group, a subset of observable indicators for each of the 32 variables within the integrated framework is presented. On the basis of an expert knowledge acquisition process, five types of terrorist groups-- nationalist-separatist, religious fundamentalist, new religions (other religious extremists, including millenarian cults), social revolutionary, and right wing--are compared in order to identify which indicators are of greatest importance for each terrorist group type. Historical, cultural, and contextual features can be assessed effectively through the use of open sources and experts. Group characteristics, processes, and structures were consistently rated as highly important across all five group types. Ratings for new religions differed most consistently from those of other group types.     

From car bombs to logic bombs: The growing threat from information terrorism

The vulnerability of the critical infrastructure has led to increasing concern that it will be the target of terrorist attacks. This article explores definitional aspects of information terrorism and identifies two groups likely to find information terrorism attractive: conventional terrorist groups and information culture groups. As computer sophisticated youth move into the ranks of conventional terrorist groups, the groups will increase their reliance on computer technology, and information terrorism will be incorporated into a hybrid tactical repertoire. Information culture groups, however, confine their attacks to cyberspace. In contrast to the powerful group dynamics of the traditional underground terrorist group, networked groups, particularly information culture terrorists, may only be in contact electronically, and are subject to a radically different group psychology, virtual group dynamics, that significantly affects their decision making and risk taking, and has dangerous security implications.