Shizz

Modern Marketing Research PHASE 2 1) What are the methodology parts of the NPD â€Å" New item Development† ch 7 * The normal life pattern of the item ( 2 years †5 years ) before we create it or 10 years. e. g. Peugot 504 Model 1968 was required to remain in the market lacking for a long time, it remained for a long time and there is still interest which influenced the interest of other Peugot Models * How are you going to move toward the market? * Why are individuals going to acknowledge your item? Traits of new items which influence their adequacy Relative favorable position: the observation that the thought is better than the one it supercedes * Compatibility. Consistency with existing qualities, past experience, and needs of a firm’s purchasers and influencers * Complexity: progressively complex thoughts are embraced all the more gradually. * Trialability: if a firm can evaluate a little viewpoint for another thought it will be acknowledged more rapidly than a firm needs to do a significant switch * Observability: if the impacts of an advancement can be handily watched this development possibly received all the more rapidly. NPD Process Opportunity recognizable proof and choice: where new item openings are distinguished and chosen. * Concept age: research with clients and primer examination happen. * Concept assessment: cautious survey of new item ideas on specialized, showcasing and money related factors. Pick the most encouraging ideas to push ahead to the following stage. * Development: both specialized and promoting advancement happens. Models are planned and tried and the creation ace * Launch: how are you going to dispatch this item and for which possibilities? ) Description of administrations offered (Pure Services/Pure unmistakable merchandise) just as evaluating methodologies of administrations. Ch 8 Combinations of administration and physical item * Pure unmistakable great: items no administration * Tangible great with going wit h administrations: this is a substantial item with administrations included, exceptionally specialized items typically are progressively needy upon administrations, for example, arranging, establishment, preparing, and upkeep. * Hybrid: equivalent contribution of merchandise and ventures, so the administration bit of the contribution is equivalent significance to the substantial item offering * Major help with supporting products and services.The most significant part is the administration yet a few products and supporting administrations are required e,g, business voyagers on carrier they need food. * Pure help: the contribution is principally an assistance, for example, counseling or promoting, almost no unmistakable products are required. * Phase 2 is an utilization of section 7 and 8 * Each individual from the gathering ought to take part * An introduction is required one week from now in the instructional exercise * All individuals from the gathering ought to be available * You will be reviewed exclusively upon your introduction not how right your examination is * We will clarify in the instructional exercise this week how this stage will be finished.

Religion Essays Diversity of Religious Cultures

Religion Essays Diversity of Religious Cultures The effect of movement incredibly influenced the decent variety of strict societies and customs in Australia The effect of movement incredibly influenced the decent variety of strict societies and customs in Australia. It drastically expanded in certain gatherings and causes a decrease in others, as a result of the presentation of new categories. Prior to 1945, Australia was overwhelmingly a Christian based society, lacking assorted variety. The effect admidst the Second World War prompted an expansion in the Orthodox holy places and a few parts of Christianity. The abolishment of the White Australian Policy (1970s) implied that Australia was unreservedly open to different people groups from different nations looking for movement to Australia. Because of this more Africans, Asians and Middle Easterns had the option to relocate, the greater part of which brought new strict sections, for example, Islam, Hindiusm, Buddhism and so on. Before 1945, Australia’s strict scene was for the most part ruled by Christians-generally Catholics and Anglicans. Indeed, even inside Christians, Anglicans ruled more in numbers as they were upheld by the administration and held some social power. In any case, the consequence of WW2 with the displaced people looking for new lives empowered Jews to come to Australia-which contributed in expanding the quantity of Jewish disciples in Australia. Additionally, the trademark ‘populate of perish’ during the 50s-60s empowered different Europeans to move to Australia, subsequently expanding the quantity of Orthodox Christians. Despite the fact that since 1945, Christianity despite everything dwarfed different religions in Australia, the drop of the White Australian Policy in the mid 70s permitted movement from non-Christian nations, for example, Asia, India, Africa and Middle East-bringing religions Buddhism, Hinduism and Islam into Australia. This not just shapes the pre sent strict scene of Australia having assorted religions other than Christianity, yet additionally affected the pace of Christianity to drop to 67.9% out of the entire populace of Australia. Changing examples of strict adherence 20 percent of Australians are non strict From 1996-2001 > sensational increment in Islam, Buddhism, Hindu and Judaism Due to the abolishment of the white Australian strategy migration expanded. After 1976 the Methodist church seized to exist. After 1976 the two new Christian categories emerged in Australia > Pentecostal church the joining church in 1981. Christianity as the significant strict custom Originally movement originated from Irland/Britain Immigration 14 standard categories in Australia Abolishment of white Australian approach. Denominational exchanging Within protestant or Anglican categories individuals are extremely arranged two switch sections. 1991 the congregation life overview shows that 29% of individuals had exchanged over the most recent 5 years. Explanations behind exchanging is on the grounds that; New comers joining or rejoining following various years. Ascent of new age religions: New Age lessons got well known durin g the 1970s Often utilize totally unrelated definitions for a portion of their terms A free-streaming otherworldly development Secularism: the conviction that religion ought not be associated with the customary social and political exercises of a nation. from 1788 to the current day, customary church participation has expanded from 10% to 20%. Individuals who partner themselves with no-religion in the evaluation rose from 7% in 1971 to 16% in 2001. The ANU study demonstrated 42% of reactions accepted religion was not significant. Framework changing examples of strict adherence from 1945 to the current utilizing enumeration information There have been critical decreases in the quantity of Christians consistently going to strict administrations. This decay is generally apparent in the Anglican Church, the Presbyterian Church and the Uniting Church. The drop in the figures for these three groups speaks to both a diminishing in the level of the individuals who are associated with that category just as a decrease in real numbers in the course of the most recent decade. The extent of Orthodox Christians in Australia became quickly after the Second World War and has remained very consistent over the previous decade. Roman Catholics have kept on expanding both numerically and as a level of the populace, and have overwhelmed Anglicans as the biggest division in Australia. Pentecostal figures have exhibited solid development both numerically and as a level of the populace since the 1960s. Over the most recent ten years notwithstanding, this lofty rising seems to have eased back down and arrived at a level. The huge drop in the quantities of individuals routinely going to strict administrations ought to be perused related to the considerable pattern in the expanding quantities of individuals composing No Religion or Religion Not Stated in the evaluation. The figure for religions other than Christianity, all in all, has all the earmarks of being consistently expanding from a genuinely little base. Buddhist figures have developed at a consistent rate from 1972 onwards and is presently the biggest religion other than Christianity in Australia. Hinduism has kept up consistent development. The quantities of Muslims in Australia have likewise expanded drastically since 1945. In 2001 the extent of Jews was like that recorded in 1947. Christianity as the significant strict custom The noteworthy decrease in the quantity of Christians normally going to strict administrations, particularly in the Anglican, Uniting Church and Presbyterian divisions, can be ascribed to the maturing populace, the absence of vagrant admission and the general disappointment affecting on other standard Christian gatherings. Roman Catholics are proceeding to increment numerically, however not at the pace of the populace due to its more youthful enrollment and considerable vagrant admission. The huge increments in the Pentecostal figures can be credited to components, for example, the enthusiastic idea of its love, its accentuation on contemporary music, the solid feeling of network and otherworldly help it gives, the alluring pioneers which lead the gathering and the obvious answers it accommodates times of vulnerability. Pentecostalism is a zealous (fundamentalist and concentrated on change) and magnetic (a solid accentuation on the endowments of the Holy Spirit) strand of the Christian religion. The lull in the expansion of Pentecostal figures over the most recent 10 years can be ascribed to the spinning entryway disorder which perceives that enormous quantities of Pentecostals stay with the Church for a generally brief timeframe and on the grounds that numerous Pentecostals were urged by their pioneers to compose Australian Christian Church as opposed to Pentecostal on the 2001 registration. Movement Changed Australia from being mono-social, mono-confidence to multi-social, multi-confidence. Since World War 2 and the lifting of the White Australia arrangement there has been significantly more decent variety in relocation and a going with increment in the assorted variety of strict groupings. Movement after World War 2 prompted expanded number of Catholics from nations, for example, Italy, Malta and so forth. This additionally expanded quantities of Orthodox Christians from Greece and Eastern Europe. After the completion of the White Australian approach in 1972 relocation created from a bigger scope of nations bringing a more extensive scope of religions. Movement has prompted critical increments in the quantities of individuals who are Buddhist, Muslims, Hindus and Jews. Buddhists originated from Indo-Chinese nations Vietnam, Laos, Cambodia and in later occasions Malaysia, Hong Kong and China. Muslims originated from nations, for example, Indonesia, Lebanon, Iran and Iraq, Bosnia. Increments have additionally happened in Christian sections where there is a huge non-Anglo populace Orthodox (Eastern Europe) and Catholic houses of worship (from dominatingly Irish to incorporate Mediterranean, Eastern European, Asian, South American, African individuals). Expanded nearness of an assortment of strict gatherings has additionally prompted a more prominent energy about this decent variety. Denominational exchanging By far most of individuals associated with strict gatherings in Australia were naturally introduced to that religion. The wonders of trading between categories or gatherings of a similar strict convention is known as denominational exchanging. Denominational exchanging is more typical in Protestant Churches than in the Catholic Church. Most of Pentecostals have moved from another Protestant division to join the Pentecostal gathering. Pentecostal is the term used to portray Christian categories which have a solid accentuation on the blessings of the Holy Spirit (talking in tongues, recuperating, prescience and so on). They are frequently moderately little gatherings which accommodates increasingly close to home cooperation, they additionally have enthusiastic love. Pentecostalism is the quickest developing Christian gathering. Most Pentecostals have changed to the gathering from another Christian category. Many leave again after around 2 years this is known as the spinning entryway disorder. Ascent of New Age religions Enumeration figures show a significant degree of disappointment with customary strict gatherings. Nearby this disappointment means that a solid and developing yearning for an otherworldly measurement to life. New Age is an umbrella term which alludes to a scope of option or potentially pseudo-strict gatherings that individuals are pulled in to. New Age religions are described by their reception of components of Eastern religions and their ensuing dismissal of customary Western perspectives, and the way that it favors creation focused otherworldliness. A few instances of new age religions are feng shui, yoga, kendo, crystal gazing, tarot cards, numerology and so forth. Numerous individuals maintain customary strict convictions and practices however supplement them with new age components. Secularism Secularism is the conviction that religion ought not meddle with or be incorporated into the open issues of a general public. There are various elements which have added to the decay of r

Battle of The Bands takes over Bryans Blog

Battle of The Bands takes over Bryan’s Blog So me and my 133t h4x0r roommate Yuan decided to take over Bryans blog for the day Shaye: Are you sure this is legal? Yuan: Dont worry about it. Shaye: Really? Wouldnt Bryan be mad at us? Yuan: Shouldnt we be telling these people about Battle of the Bands? Shaye: yeah! BATTLE OF THE BANDS!!!!! Its gonna be awesome! W00000T!!! Its gonna completely ROCK THE HOUSE!!!! Yuan: that was not why I spent three hours hacking this account. Shaye: If by hacking you mean sneaking up behind Bryan when hes typing in his password. Yuan: Shouldnt we be telling these people about Battle of the Bands? Shaye: Alright, alright. Battle of the Bands is an event held every CPW where ten local bands come to MIT to compete in front of YOU for prizes and bragging rights. Yuan: Yup. Me and Shaye and our friend Dave has been working to put this together since October. Dave does publicity, I handle the boring financial stuff, and Shaye heres in charge of the music. Shaye: Rock! m/ Yuan: Shaye is a wannabe rockstar. Shaye: No Im not! Yuan: Remember that girl we met at Harpers Ferry? Shaye: Oh yeah, wed gone there to audition one of the bands, Sweetfist. Yuan: She totally dug your rockstar hair. Shaye: heheheh. Yuan: Hey Shaye, so do we have any inside info for Bryans readers? Thatll be really neat. Shaye: Actually, I just finished compiling the band lineup for this year. Yuan: Sweet! I hope Polski FIAT is on there. They were last years winners and theyre pretty awesome. Shaye: Yeah, I guess if youre into that whole nerd rock stuff. Yuan: Dude, I have their album. You should listen to it sometime. Shaye: Personally, Im really psyched about this reggae-fusion band called Spiritual Rez. Their guitars are amazing! Yuan: We also have that MIT band High Voltage Research Lab, right? The one thats mostly made of MIT freshmen? Shaye: Yeah. I really like their stuff, too. Its amazing the musical talent that exists at MIT. A cappella, symphony orchestra, concert choir, WMBR student radiothe list goes on. Yuan: So are we gonna post the band lineup or not? Shaye: Ladies and Gentlemen, I am proud to announce the official bands for BOTB 2006! These are in no particular order. 1. Medicated Kisses (non-MIT) 2. High Voltage Research Lab (MIT) 3. Spiritual Rez (non-MIT) 4. One-Eyed Stanley (non-MIT) 5. Panic Kills Octo (MIT) 6. Upper Hand (MIT) 7. Polski FIAT (MIT) 8. Sweetfist (non-MIT) 9. Color and Talea (non-MIT) Shaye: And guess what? Yuan: What? Shaye: We have a special performance this year featuring none other than Dean Marilee Jones! Yuan: No way! Dean Jones of the Admissions Office? Shaye: Shell be singing with the band Tremulant, which includes Ben Jones, another member of the Office of Admissions. Yuan: Wow, now I cant wait for it to be April! Its gonna be one rocking show! Shaye: yeah! BATTLE OF THE BANDS!!!!! Its gonna be awesome! W00000T!!! Yuan: This time, Ill have to agree with you. Heres all the info you need to make sure you dont miss the show: MIT Battle of the Bands Saturday, April 8, 2006 Doors: 7:30pm Show: 8:00pm Lobdell Food Court Stratton Student Center, 2nd Floor Tickets: $3 prefrosh, $8 MIT/Wellesley, $12 general Free food and ice cream with price of admission. All proceeds to benefit Childrens Hospital Boston. Shaye: Rock on! m/

Compare and Contrast Essay of Rikki Tikki Tavi - 711 Words

Many people assume that the book and movie of the same story are always very similar, but they are incorrect. In my comparison of the short story Rikki-tikki-tavi by Rudyard Kipling and the movie of Rikki-tikki-tavi, I found them to be rather different. There were many minor differences, but the three main topics in the short story that clearly differentiate it from the movie are the setting, the character traits, and the use of humor. The setting in the movie differs from the setting in the short story in a few ways. The setting in the movie dives into larger detail in many of the scenes such as in the beginning flood scene. The flood scene setting in the movie reveals an eerie, strong, storm with a flood that resembles a river and†¦show more content†¦From the very beginning, the character traits in the movie differ from those portrayed in the short story. The ways in which they differ include the various switched roles of characters and other aspects including age and clo thing. One of the switched roles is right in the beginning of the movie when the father lifts up Rikki from the sand, whereas in the short story the mother picks him up. Another switched role would be when Darzee’s wife explains what happened to their baby egg that was eaten by Nag, but in the short story Darzee does the explaining. One last switched role I came across was how Nag is the instigator who wanted to take over the garden, but in the story it is Nagaina. Some other differences include the age of Teddy and the clothing of the family. In the short story, Rudyard Kipling creates Teddy as a young toddler, using words such as â€Å"nursery† to describe the room where he sleeps, but in the movie Teddy appears to be almost ten years old with his fancy clothing and tall height. Surprisingly, the family in the movie wears very nice, neat clothing. This is surprising because of the way Rudyard Kipling describes the setting. With sand, dirt, and a garden, you would pre sume that it would be a humid climate, which would result in the wearing of sandals and shorts. However, in the movie

Private Enforcement of Competition - Free Essay Example

Sample details Pages: 12 Words: 3553 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Compare and contrast essay Level High school Topics: Competition Essay Economy Essay Did you like this example? COMPARATIVE ANALYSIS OF PRIVATE ENFORCEMENT OF COMPETITION LAW INTRODUCTION One of the most important aspects of a robust competition regime is that the persons affected by violations of competition law are adequately and timely compensated.[1] Such actions not only deter anti-competitive behaviour, but also promote consumer welfare.[2] It is common knowledge that competition law directly affects public interest given its repercussions on the market and its participants.[3] However, generally speaking, competition laws do not focus on compensation mechanism for private parties, and focus is more on punishing the violators to curb future violations.[4] It is, therefore, important that adequate provisions are included in competition laws so as to safeguard the rights of private parties. This would help achieve healthy competition and deter unscrupulous business practices that are intended to cheat the consumers so as to control markets.[5] However, with th e rise in anti-competitive agreements and exclusive arrangements entered into between parties, the need to protect the rights of the affected persons assumes greater significance in the present times. This paper attempts to analyse the provisions pertaining to the right of private parties to seek compensation for losses suffered by them owing to anti-competitive behaviour. Don’t waste time! Our writers will create an original "Private Enforcement of Competition" essay for you Create order This paper has been divided into seven parts. Post this introduction, the paper analyses the private enforcement of competition law in the United States of America (US), the European Union (EU), Australia, Japan, China, and India. This is followed by conclusions. UNITED STATES OF AMERICA The US is the only major economy in the world where private enforcement of competition law (i.e., filing of direct claims against competition law violators by parties that have incurred losses due to such violations) is more rampant than public enforcement (i.e., penal action taken against competition law violators by the public regulatory authorities).[6] The role played by private enforcement is, therefore, one of the most important features of the US competition law enforcement.[7] Treble Damage Provision In a majority of countries, public enforcement is the preferred way to enforce competition laws. However, in the US, private parties as well as authorities acting on behalf of such pr ivate parties are entitled to claim damages from the violators.[8] In terms of the Clayton Antirust Act of 1914 (Clayton Act), recovery of damages by any person injured in his business or property by reason of anything forbidden in the antitrust laws  is permitted.[9] This establishes both a private right of action and an award of treble damages (i.e., three times the actual damages).[10] In this regard, the following two key goals have been identified by the US Supreme Court with respect to awarding treble damages in a private action under the Clayton Act: (a) to punish past violations of the law; and (b) to deter future competition law violations.[11] The treble damages provision has become one of the most important tools in the enforcement of competition law in US, resulting in an important deterrent to potential violators.[12] Owing to the punitive nature of the treble damages provision, various US courts have held that this right cannot be waived off by the parties (whethe r contractually or otherwise).[13] Also, the trebling of damages awarded in a competition case takes place automatically, and the jury is not informed of such trebling upfront.[14] Joint and Several Liability Where more than one parties conspire to undertake anti-competitive practices, each one of them is liable for the damage resulting from its actions as well as the damage resulting from the actions of the other conspirators, thereby resulting in a joint and several liability.[15] This liability is akin to the liability of joint tortfeasors, and ensures that the affected party gets adequate compensation. Similar to the treble damage provision, joint and several liability of competition law violators is aimed at deterring anti-competitive behaviour.[16] Before-and-After and Yardstick Methods The objective of damages under US competition law is to ensure that parties affected by anti-competitive behaviour are put into the same position as they would have been had the ant i-competitive behaviour not taken place.[17] This would typically be measured based on the demonstration by the affected party as to how its profits declined in an environment marred by anti-competitive practices as compared to a free and competition friendly environment. Accordingly, the US courts have historically adopted the before-and-after method and the yardstick method for determining the extent of loss caused to the affected party as a result of anti-competitive practices.[18] Under the before-and-after method, the quantum of compensation is measured by analysing the performance of the affected party before and after the anti-competitive practice, and if possible, by analysing as to how the affected party would have performed had the anti-competitive practice not taken place.[19] The yardstick method, on the other hand, uses the performance of businesses that are significantly similar to that of the affected party as a yardstick to establish the extent to which the affected partys business would have performed had the anti-competitive practice not taken place.[20] EUROPEAN UNION Articles 101 and 102 of the Treaty on the Functioning of the European Union (Treaty) set out provisions prohibiting anti-competitive practices in the EU and also permit claims for damages arising out of such anti-competitive behaviour. This forms a key aspect of private enforcement of EU competition law. In terms of Articles 101 and 102 of the Treaty, persons affected by anti-competitive behaviour are entitled to claim damages for the loss incurred by them as a result of such anti-competitive practice. The damages can be sought for actual loss suffered (damnum emergens) as well as the gain which would have been made but for the anti-competitive practice (lucrum cessans) plus interest.[21] In terms of Regulation No 1/2003, the European Commission (EC) and the National Competition Authorities (NCA) are empowered to enforce Articles 101 and 102 of the Treaty.[22] Furth er, the European Commission is empowered to impose fines on undertakings that have infringed these provisions.[23] The enforcement by the EC and NCAs constitutes the public enforcement of the EU competition law. Additionally, rights under Articles 101 and 102 of the Treaty can also be enforced by the courts of the member states. Such enforcement constitutes private enforcement of the EU competition law. The EC and the NCAs are not empowered to award damages to persons affected by anti-competitive behaviour, and the same falls within the powers of national courts set up under applicable domestic laws. Accordingly, whilst the EC and the NCAs ensure public enforcement of the EU competition law, the private enforcement is administered by national courts.[24] Because of the division of powers between the EC and the NCAs on the one hand and the national courts on the other, private enforcement of competition law in the EU has not been as robust as in the US. Also, it has been emphasise d by the European Parliament over and again that public enforcement of competition law is paramount, and the EC must ensure that private enforcement of the EU competition law does not adversely impact the leniency programmes or settlement procedures.[25] Further, the Directive on Antitrust Damages Actions[26] adopted by the EC in 2014 (Directive) sets out provisions aimed at harmonising national rules within the EU so as to ease recovery of damages by persons affected by anti-competitive behaviour. The implementation of the Directive is expected to give a boost to private enforcement of competition law, as well as recovery of compensation. AUSTRALIA Until the enactment of the Trade Practices Act of 1974 (Trade Practices Act), there was no statutory recognition in Australia of private rights for breach of anti-competitive practices. However, under Part IV of the Trade Practices Act, private parties are allowed to initiate claims pertaining to anti-competitive practices befor e the Federal Court.[27] Parties initiating such litigations may raise a variety of claims, including damages, injunctions, divestiture orders, etc. Further, initiation of a representative or class action suit is also permitted.[28] Private actions are also encouraged by the Trade Practices Commission (the authority vested with powers to monitor and enforce the Trade Practices Act). Abuse of dominant position, anti-competitive agreements, exclusionary provisions, and exclusive dealing are the most commonly faced issues for the enforcement activity. Mergers, on the other hand, are seldom challenged by private parties. It is widely accepted that private enforcement has played a very crucial role in the enforcement of competition law in Australia, including promoting the Trade Practices Act and bolstering the overall compliance of competition law.[29] JAPAN Japanese Antimonopoly Act of 1947 (JAA) regulates anti-competitive behaviour in Japan. In terms of Article 25 of the JAA, persons affected by anti-competitive behaviour are entitled to seek compensation from the violator.[30] In addition, persons affected by anti-competitive behaviour are also entitled to seek compensation from the violator under the general tort provision, i.e., Article 709 of the Japanese Civil Code of 1896 (JCC).[31] It is also noteworthy that a claim under Article 25 of the JAA can be brought only once the competition law regulator in Japan, i.e., the Japan Fair Trade Commission (JFTC), passes its final and binding decision in a competition law matter. Whilst the aforesaid provisions allow private enforcement of competition law in Japan, competition law enforcement in Japan has historically been the main or exclusive preserve of public agencies, not private plaintiffs, unlike the US practice, where private enforcement exceeds public enforcement.[32] Accordingly, for decades, the aforesaid provisions of the JAA and the JCC have remained virtually unused, and there has been almos t no private enforcement of competition law in Japan.[33] In recent years, however, private enforcement of competition law in Japan has evolved to a position where around a dozen new cases are seen per year.[34] Through such private enforcement, substantial amount of compensation has been recovered by persons affected by anti-competitive behaviour, which at times, has equalled the total amount of penalties imposed by the JFTC. Despite the aforesaid progress, it can be safely said that private enforcement of competition law in Japan is still of limited significance in posing deterrence to violators and ensuring payment of damages to persons affected by anti-competitive behaviour. CHINA The Anti-Monopoly Law of 2007 (AML), which was enacted in 2008, together with ancillary regulations framed around it, regulates anti-competitive practices in China. The AML was enacted after years of legislative and drafting effort.[35] Whilst government bodies such as the National Developm ent and Reform Commission monitored some aspect of competition prior to 2008, the competition law itself (i.e., the AML) is fairly nascent.[36] Accordingly, it remains to be seen as to how the AML, and the institutions built under it, deliver in terms of enforcement of competition law. With respect to private enforcement of competition law, Article 50 of the AML read as under: à ¢Ã¢â€š ¬Ã…“The business operators that implement the monopolistic conduct and cause damages to others shall bear the civil liability accordingly to law.à ¢Ã¢â€š ¬Ã‚ [37] Thus, the AML clearly recognises rights of persons affected by anti-competitive practices to seek damages from the violator. There have already been a few cases in China where companies have sued other companies for seeking damages arising out of anti-competitive practices.[38] Further, it a customary practice in China that the Supreme Court issues the relevant judicial explanation on the guidelines or implementation of spec ific laws. Accordingly, on 3 May 2012, Chinaà ¢Ã¢â€š ¬Ã¢â€ž ¢s Supreme Court issued the relevant rules with respect to private claims resulting from anti-competitive behaviour (Rules). The Rules have attempted to fill various gaps created by the AML in relation to private enforcement of competition law in China. For instance, the Rules attempt to clearly demarcate as to which party will discharge the burden of proof in certain specified situations, which was hitherto a big hindrance in private enforcement of competition law.[39] INDIA In India, the Competition Act, 2002 (the Act) regulates competition matters, and the market regulator is the Competition Commission of India (CCI), a body constituted under the Act. The Act empowers the CCI to investigate and penalize anti-competitive agreements, abuses of dominant position and combinations which have an appreciable adverse effect on competition. Any affected party may approach the CCI with a complaint pursuant to which the C CI makes inquiries, investigates the alleged anti-competitive behaviour and issues an order. The orders of the CCI are appealable before the Competition Appellate Tribunal (COMPAT) established under the Act. The orders of the COMPAT can be appealed before the Supreme Court of India, whose decisions are final and binding. Whilst the above process outlines the public enforcement of competition law by the competition regulator in India, the Act does not provide for a parallel private enforcement of competition law. With respect to claiming compensation for anti-competitive behaviour, Section 53N(1) of the Act provides that any person may make an application to the COMPAT for award of compensation for any loss or damage shown to have been suffered and resulting from violation of the Act. However, such a claim for compensation must arise from: (a) any findings of the CCI or orders of the COMPAT; or (b) any contravention of the orders of the CCI or the COMPAT. Further, whilst it is not expressly stated in the Act, a constructive interpretation of Section 53N(1) would lead to the understanding that a claim can be made by the affected person only once the order of the CCI or the COMPAT, as the case may be, attains finality. In other words, if the order of the CCI or the COMPAT has been appealed against, a claim for compensation by the affected person based on such an order would not be tenable. Consequently, a person affected by anti-competitive behaviour would necessarily need to wait until the CCI, the COMPAT or the Supreme Court (hearing the appeal against the order of the COMPAT), as the case may be, passes a favourable order, and such order attains finality (whether by virtue of being a Supreme Court order, or due to expiry of the statutory limitation period for appeal). Only once such an order attains finality, can the affected party make a claim for compensation. This is similar to the Japanese approach as discussed above. Since the Act has been notifi ed fairly recently and the enforcement jurisprudence under the Act is still at a nascent stage, there have not been instances of affected parties claiming compensation for anti-competitive behaviour in terms of the limited framework available under the Act. However, the CCI has started penalizing large business entities for anti-competitive behaviour, and we may soon expect private parties to approach the COMPAT with claims for compensation. For example, the CCI had imposed a penalty of INR 6.3 billion on DLF Limited (one of the largest real estate companies in India) for abusing its dominant position in the market while providing services of developer/builder in high end residential projects in Gurgaon (which is part of the National Capital Region of India). Recently, the COMPAT upheld the CCIà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision against DLF Limited, and the matter is presently sub-judice before the Supreme Court of India. There have been media reports indicating that if the Supreme Cour t also upholds the CCIà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision, the allottees of the residential project plan to approach the COMPAT with compensation claims. Thus, this may well be the first case of private enforcement of competition law in India.[40] CONCLUSIONS There is little doubt that jurisprudence pertaining to private enforcement of competition law is insufficient in most jurisdictions. Public enforcement of competition law may not always be helpful, as it does not directly cater to the persons who are affected by anti-competitive practices. On the other hand, private enforcement in such scenarios provides direct and speedy compensation to the affected persons. Therefore, it is important for the regulators (across the world) to realise that absence of private enforcement (or a complicated private enforcement regime) would result in the affected persons being left either without a remedy or with inadequate compensation. This gains even more relevance when fines imposed by statut ory authorities are insufficient to cover the losses suffered by the affected parties. Accordingly, it is recommended that urgent and concrete steps be taken by the competition law regulators to ensure that an effective and efficient mechanism for private enforcement of competition law is implemented. 1 | 8 [1] AI Gavil, Federal Judicial Power and the Challenges of Multijurisdictional Direct and Indirect Purchaser Antitrust Litigation, (2000) 69 George Washington Law Review 860, cited in Firat Cengiz, Antitrust Damages Actions: Lessons From American Indirect Purchasersà ¢Ã¢â€š ¬Ã¢â€ž ¢ Litigation, (2010) 59 ICLQ 39, available at: https://www.academia.edu/492202/ANTITRUST_DAMAGES_ACTIONS_LESSONS_FROM_AMERICAN_INDIRECT_PURCHASERSLITIGATION (last accessed on 31 March 2015). [2] Ibid. [3] Why competition matters, A Guide for Policy matters, Office of Fair Trading, available at: https://www.oft.gov.uk/shared_oft/business_leaflets/general/OFT1113.pdf (last accessed on 31 March 2015), cited in Payel Chatterjee and Simone Reis, Private Enforcement of Competition Law Issues Competition Commission of India vis-ÃÆ'  -vis Alternate Forums Is it actually an option?, available at: https://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research Articles/Private Enforcement of Com petition Law Issues.pdf (last accessed on 31 March 2015). [4] Francesca Richmond and Sarah West, Arbitrating Competition Law Disputes: A matter of Policy, Baker Mckenzie, cited in Payel Chatterjee and Simone Reis, Private Enforcement of Competition Law Issues Competition Commission of India vis-ÃÆ'  -vis Alternate Forums Is it actually an option?, available at: https://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research Articles/Private Enforcement of Competition Law Issues.pdf (last accessed on 31 March 2015). [5] Competition Law to relieve consumers of unhealthy business practice: Shafique, available at: https://www.thefinancialexpress-bd.com/more.php?news_id=135247date=2012-07-02 (last accessed on 31 March 2015). [6] Daniel A. Crane, Optimizing Private Antitrust Enforcement, (2010) University of Michigan Law School Scholarship Repository, available at: https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1129context=articles (last accessed on 31 Marc h 2015). [7] Kenneth Ewing, Steptoe Johnson LLP, Private anti-trust remedies under US law, (2007) Competition 2006/07 Volume 1, available at: https://www.steptoe.com/assets/attachments/2804.pdf (last accessed on 1 April 2015). [8] Ibid. [9] Section 4, the Clayton Act. [10] Volvo Trucks N. Am., Inc. v. Reeder- Simco GMC, Inc., 546 U.S. 164, 176 (2006); Kristian v. Comcast Corp., 446 F.3d 25, 47 (1st Cir. 2006). [11] Albert A. Foer, Randy Stutz, Private Enforcement of Antitrust Law in the United States: A Handbook, (2012), Edward Elgar Publishing Limited, UK; also see, Agency Holding Corp. v. Malley- Duff Assocs., Inc., 483 U.S. 143, 151 (1987); Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 635 (1985); Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752 (1984). [12] Albert A. Foer, Randy Stutz, Private Enforcement of Antitrust Law in the United States: A Handbook, (2012) Edward Elgar Publishing Limited, UK. [13] Kristian v. Comcas t Corp., 466 F.3d 25, 47à ¢Ã¢â€š ¬Ã¢â‚¬Å"48 (1st Cir. 2006), Gaines v. Carrollton Tobacco Bd. of Trade, Inc., 386 F.2d 757, 759 (6th Cir. 1967). [14] Pollock Riley, Inc. v. Pearl Brewing Co., 498 F.2d 1240, 1242 (5th Cir. 1974). [15] Supra at 12. Also, In re Cotton Yarn Antitrust Litig., 505 F.3d 274, 284 (4th Cir. 2007); Abraham Constr. Corp. v. Tex. Indus., Inc., 604 F.2d 897, 904 n.15 (5th Cir. 1979)); In re Uranium Antitrust Litig., 617 F.2d 1248, 1257 (7th Cir. 1980). [16] Supra at 12. [17] Claire M. Korenblit, Quantifying Antitrust Damagesà ¢Ã¢â€š ¬Ã¢â‚¬ Convergence of Methods Recognized by U.S. Courts and the European Commission, (March 2012) 1 CPI Antitrust Chronicle, Sidley Austin LLP, available at: https://www.sidley.com/~/media/Files/Publications/2012/03/Quantifying Antitrust DamagesConvergence of Meth__/Files/View Article/FileAttachment/KorenblitMAR12(1) (last accessed on 31 March 2015). [18] Supra at 12. [19] Kevin Scott Marshall, The Economics of Antitrust Injury and Firm-specific Damages, (2008) Lawyers Judges Publishing Company, Inc., USA. [20] Ibid. [21] Proposal for a Directive of the European Parliament and of the Council on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union, available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52013PC0404 (last accessed on 31 March 2015). Case C-453/99, Courage and Crehan, [2001] ECR I-6297; Case C-360/09, Pfleiderer AG v Bundeskartellamt, [2011] ECR I-5161; and Case C-199/11 European Community v. Otis NV and others, [2012] ECR I-0000. [22] Articles 4 and 5 of Regulation No 1/2003, respectively. [23] Article 23 of Regulation No 1/2003. [24] Id at 21. [25] Ibid. [26] This is the directive issued by the European Parliament with respect to compensation claims in relation to anti-competitive behavior under national laws of the EU m ember states. [27] Kent Roach and Michael J. Trebilcock, Private Enforcement of Competition Laws, (Fall 1996) Osgoode Hall Law Journal, Volume 34, Number 3, Article 2, available at https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1622context=ohlj (last accessed on 31 March 2015). [28] Ibid. [29] Ibid. [30] Simon Vande Walle, Private Enforcement of Antitrust Law in Japan: An Empirical Analysis, The Competition Law Review, (December 2011) Volume 8 Issue 1, 7. [31] Ibid. [32] Simon Vande Walle, Deterrence of Antitrust Violations: Do Actions for Damages Matter in Japan?, available at: https://www.sef.hku.hk/aslea2011/private/paper/19.%20Simon%20Vande%20Walle%20final%20full%20paper.pdf (last accessed on 31 March 2015). [33] Id at 30. [34] Id at 30. [35] Lessons from Four Years of Antitrust Enforcement in China, (September 2012) Jones Day, available at: https://m.jonesday.com/lessons_from_four_years/ (last accessed on 1 April 201). [36] Competition Policy and Enforcement in China, (September 2014), The US China Business Council, available at: https://www.uschina.org/sites/default/files/AML%202014%20Report%20FINAL_0.pdf (last accessed on 1 April 2015). [37] Zhan Hao, Chinese Anti-monopoly Private Litigation, China Law and Practice, available at: https://www.chinalawandpractice.com/Article/2029237/Channel/16143/Chinese-Anti-monopoly-Private-Litigation.html (last accessed on 1 April 2015). [38] Id at 36. [39] Susan Ning,Liu Jia and Hazel Yin, Supreme Court of China Issues Judicial Interpretation Governing Private Antitrust Litigations, (6 June 2012), King Wood Mallesons, Antitrust Competition, available at: https://www.chinalawinsight.com/2012/06/articles/corporate/antitrust-competition/supreme-court-of-china-issues-judicial-interpretation-governing-private-antitrust-litigations/ (last accessed on 1 April 2015). [40] Ravi Teja Sharma, DLF customers in three Gurgaon projects to seek comp ensation, Economic Times (23 May 2014), available at: https://articles.economictimes.indiatimes.com/2014-05-23/news/50054941_1_competition-appellate-tribunal-belaire-owners-association-park-place-residents (last accessed on 1 April 2015).

Although the public sector Free Essays

The ability of today’s health care system to provide high quality care to an aging society depends on the resources available to pay for these services. Although the public sector will bear much of the burden of health and long term care costs many of the required future resources will need to come from the elderly themselves, as is the case today. Unless public insurance systems become much more generous in coming years the elderly will bear the costs of many types of uncovered services. We will write a custom essay sample on Although the public sector or any similar topic only for you Order Now Drugs and long term costs will top the list of uncovered services. However, emerging elective procedures, perhaps in die area of gene therapy, and cutting edge diagnostic tools may not be uniformly covered by future insurance programs. Senator George Allen, R-Va. , introduced the Long-Term Care Act of 2005. The legislation, if passed, will make it possible for individuals to use money from their 401 (k) and 403 (b) plans to purchase long-term care in insurance with pretax dollars without penalty. The Long-Term Care Act is similar to companion legislation introduced in the House by Rep. Lee Terry, R-Neb. It would allow individuals to use their Individual Retirement account (IRA) pretax dollars without penalty in addition to using their 401 (k) and 403 (b) plans. Allen’s proposal, cosponsored by Sen. Mel Martinez, R-Fla. , was referred to the Senate Judiciary Committee. The House bill was sent to the House Sub-Committee on Health just this past March. By the year 2030, Medicaid’s nursing home expenditures are expected to reach $130 billion per year. Private long-term care insurance could reduce Medicaid’s future institutional care expenses by more than $40 billion each year, while giving those who are insured alternatives to nursing homes, such as home care, adult day care or foster care and assisted living. The costs of long-term care can be staggering and quickly exhaust even a modest estate. The magnitude of the cost for long-term care is potentially catastrophic to the average American with the median annual income of $52,000. According to a recent market survey, nursing home stays average two and one-half years with an average yearly cost of $55,000 per year or a total of approximately $138,000. It is easy to see how such care could quickly deplete the asset of a household. Four out of 10 people living to age 65 and older will use a nursing home for long-term care and 21% of those will stay for 5 years longer. Many others will use home health care. Depending on the required level of skill, home health care may equal the cost of nursing home care. The Congressional Budget Office has projected long-term care costs will double from 2000 to 2020. Further compounding the situation has been the diminished willingness of the federal and state governments to continue to absorb over fifty-seven percent of the long-term care costs through Medicare and Medicaid. Policy-makers have been seeking and choosing techniques that limit public responsibility and financial involvement in favor of transferring more and more costs back to the individual through the private system. A major policy goal is to change public opinion to view long-term care a particular risk and thus the responsibility of the individual rather than that of the government. With such a shift in thinking long-term care insurance would be a component of retirement planning with emphasis on a private-sector solution rather than a public one. Facing the reality of financing long-term care may require a national crisis in which care becomes unavailable or unaffordable. Under such circumstance, there might be a heightened awareness of the need for clear public policy. Policy-makers will have to face the only feasible alternatives to the existing system: full public financing of long-term care funded by tax dollars or greater incentives for private long-term insurance both through group and individual plans. These approaches are far from perfect by to leave the system as it is could mean long-term damage to the economy through the hugely inefficient diversion of money to pay for long term care that we see today. Reference: American Council of Life Insurance (1998). Who will pay for the Baby Boomers’ Long- Term Care Needs? Washington, D. C. : Cynthia E. Conrad Ann Costello Beam, B. and J. McFadden (1998). Employee Benefits. Detroit: Dearborn. Bell, A. (2001) . â€Å"Group LTC Plans Jump 121% Last Year†. National Underwriter. (http://www. nunnews. com/zrchives/th_archive/2000/-105-01/1200118grouplte. asp). How to cite Although the public sector, Papers

Reflective Writing for National Academy of Sciences -myassignmenthelp

Question: Write about theReflective Writing for National Academy of Sciences. Answer: It has been a week since I enrolled at the University of Sydney for an undergraduate course as a bachelor of science (health). Being an American, I was hesitant of moving to a new place, far away from home, in order to pursue my studies. A week has already passed now since I joined up and I believe I am growing familiar with the place and the people. With more passing time, I believe I would be more comfortable in settling down and attending the classes here. Since the time I have arrived, I have made acquaintances with two of my hostel roommates. They have been helpful enough in providing an essential tour of the university campus and pointing out the hangout spots in the city. I have already attended three lecture sessions and the standard of education looks promising. The University of Sydney is one of the most oldest and reputed Universities in the world. The rules present here are strict and violating them may result in suspension or expulsion. The faculty is qualified and capable. Unlike American Universities, Australian Universities do not have fraternities or sorority, which is upsetting. However, the overall atmosphere here seems to be satisfying and wholesome. As more days pass by, I hope to make new friends with the other students in my batch as well as the University. The University has an ambitious and talented football team that I wish to join up. Apart from studies, I feel having fun and maintaining a social life is important as well, mostly since it would make me feel less homesick. This is my first experience of staying abroad and studying abroad and I wish to make many new experiences during my course of stay here. Week 3: As I started to spend more time attending the lecture sessions and classes at the University, I realized it was important to keep a note of the discussions and presentations taking place in the lecture sessions. Most of the professors did not provide handouts of their lecture sessions and therefore the best solution was to manually write down and maintain a copy of important notes. The process of note taking soon became quite troubling for me. It was hard to keep up with what the professor was saying and most of the time I could not keep up. I possess a short attention span and most of the time I found myself losing focus, which contributed more to the problem. The constant difficulties I kept facing in writing and maintaining notes made me realize the reasons due to which this was occurring. The lack of focus and inability to keep up with the pace of the lecturer were the primary causes. The other reasons being my problems in understanding the technical terms used by the lecturer, inability to prioritize what to note down and the lack of handouts. In case of any problem, the solution is never too far away. I too similarly discovered ways by which I could solve my problems in note taking. I observed that sitting in the front seats would help increase my attention and I would be more focused in class. Reading the chapter ahead of the next days class helped me in understanding which of the points were important and need to be note down. Using short forms or abbreviations was helpful in maintaining the speed while writing. Lastly, comparing the notes with other students allowed me to fill in the incomplete parts or areas I missed out while writing. Week 4: Learning is considered as one of the most primary and important functions of the brain. The term learning has numerous definitions. I feel that the term learning simply means to gain information, knowledge or training that was previously unknown. There are two types of learners- active and passive learners. The course of study I am currently pursuing requires me to be an active learner in order to stay updated on the topics and it would be helpful in understanding the subject clearly. In the active learning process, I need to constantly be engaged with the content that I am learning. Passive learning on the other hand, means listening to a piece of information but doing nothing about it. It is true that it would not be possible for me to be an active learner on almost all of the topics that I am learning. Being a passive learner is applicable for these cases. However, I feel active learning has its own benefits which outweigh that of passive learning. Active learning has helped increase my motivation in the subject I am currently studying and has made me aware of the effectiveness of working in a group. Active learning can be implemented via a number of ways. I however, feel that researching and gathering information from other sources like articles, books, research papers and so on, is a simple yet effective method of active learning. Discussing various topics with friends, family or like-minded people helps you gain some valuable insights you previously had no idea about. Following up on the subject after the end of a class, homework and participating in debates are some of the steps I wish to implement in future to increase my level of active learning process. I feel that if there were more discussion sessions in class and educative game sessions, it would be an extremely helpful way of active learning, for not only me, but also the entire class as a whole. Bibliography Baepler, P., Walker, J. D., Driessen, M. (2014). It's not about seat time: Blending, flipping, and efficiency in active learning classrooms.Computers Education,78, 227-236. Boctor, L. (2013). Active-learning strategies: The use of a game to reinforce learning in nursing education. A case study.Nurse education in practice,13(2), 96-100. Freeman, S., Eddy, S. L., McDonough, M., Smith, M. K., Okoroafor, N., Jordt, H., Wenderoth, M. P. (2014). Active learning increases student performance in science, engineering, and mathematics.Proceedings of the National Academy of Sciences,111(23), 8410-8415. Jensen, J. L., Kummer, T. A., Godoy, P. D. D. M. (2015). Improvements from a flipped classroom may simply be the fruits of active learning.CBE-Life Sciences Education,14(1), ar5. Kim, K., Sharma, P., Land, S. M., Furlong, K. P. (2013). Effects of active learning on enhancing student critical thinking in an undergraduate general science course.Innovative Higher Education,38(3), 223-235. Minasny, B., McBratney, A. University of Sydney. Risko, E. F., Buchanan, D., Medimorec, S., Kingstone, A. (2013). Everyday attention: Mind wandering and computer use during lectures.Computers Education,68, 275-283. Shernoff, D. J., Csikszentmihalyi, M., Schneider, B., Shernoff, E. S. (2014). Student engagement in high school classrooms from the perspective of flow theory. InApplications of Flow in Human Development and Education(pp. 475-494). Springer Netherlands.