Search Results

Ecology and Evolution of Eusociality in Sponge-Dwelling Shrimp

J. Emmett Duffy

in Evolutionary Ecology of Social and Sexual Systems: Crustaceans as Model Organisms

Sponge-dwelling Synalpheus shrimp comprises a clade of ~30 species that range from socially monogamous pairs to eusocial colonies of hundreds of individuals. Eusocial colonies have evolved at least ... More

Sponge-dwelling Synalpheus shrimp comprises a clade of ~30 species that range from socially monogamous pairs to eusocial colonies of hundreds of individuals. Eusocial colonies have evolved at least three times independently within Synalpheus, and contain multiple cohabiting generations, with one or a few breeders of each sex, and non-breeders that defend the colony from intruders. Comparison of sponge-dwelling shrimp with other animal taxa reveals several shared characteristics of life history and ecology suggested to promote cooperative breeding and eusociality in insects and vertebrates: (i) direct development resulting in limited dispersal and kin association; (ii) specialization on a valuable, self-contained, and long-lived resource; (iii) strong competition for the host resource; and (iv) possession of a weapon (the snapping claw) effective in monopolizing it. Coincidence of these characteristics is rare within Crustacea and may explain why Synalpheus includes the only known eusocial marine animals.Less

Anti-Monopoly Law

Hiroshi Oda

in Japanese Law

This chapter focuses on Japan's Anti-Monopoly Law. Topics discussed include the historical background of the law, an outline of the law, private monopolization, prevention of excessive concentration ... More

This chapter focuses on Japan's Anti-Monopoly Law. Topics discussed include the historical background of the law, an outline of the law, private monopolization, prevention of excessive concentration of economic power, unfair trade practices, problems of keiretsu (companies linked together by continuous business relations), application of the Anti-Monopoly Law on international transactions, and procedures and sanctions.Less

Antitrust

Michael A. Carrier

in Innovation for the 21st Century: Harnessing the Power of Intellectual Property and Antitrust Law

This chapter sheds light on antitrust. It begins with a primer explaining the most important of the regime's doctrines. It then places today's law in context by tracing the history of antitrust law. ... More

This chapter sheds light on antitrust. It begins with a primer explaining the most important of the regime's doctrines. It then places today's law in context by tracing the history of antitrust law. It concludes by surveying the evidence on the need for antitrust.Less

How Did We Get Here?

Susan W. Brenner

in Cyber Threats: The Emerging Fault Lines of the Nation State

This chapter analyzes why the nation-state monopolization of power arose and why it is eroding. As technology evolves in sophistication and pervasiveness, the impact of the virtual overlay cyberspace ... More

This chapter analyzes why the nation-state monopolization of power arose and why it is eroding. As technology evolves in sophistication and pervasiveness, the impact of the virtual overlay cyberspace has given us will only become more profound. This creates the problem we now need to address: How can our social systems maintain order in a world in which the limitations of physical reality and the influence of territorial boundaries become increasingly irrelevant? It argues that our conceptual and operational approaches to the problem of maintaining order of whatever type are inextricably bound up with the strictures of physical reality and territorial sovereignty.Less

Some Economics of Abuse of Dominance

John Vickers

in Competition Policy in the EU: Fifty Years on from the Treaty of Rome

This chapter offers an economic appraisal of selected aspects of EC law and policy towards abuse of dominance (Article 82). After a brief discussion of thresholds for dominance, five theories of ... More

This chapter offers an economic appraisal of selected aspects of EC law and policy towards abuse of dominance (Article 82). After a brief discussion of thresholds for dominance, five theories of exclusionary harm to competition are outlined concerning: predatory pricing, partial exclusion to exploit rivals, divide-and-rule exclusion, leverage of market power, and maintenance of market power. Issues arising in three EC cases on which judgment was given in 2007 are then discussed in the light of these theories: Wanadoo (predatory pricing), British Airways (discounts and rebates), and Microsoft (refusal to supply, tying and bundling). Implications and prospects for the development of better economics-grounded EC law and policy towards abuse of dominance are discussed in conclusion.Less

A Theory of Latecomer State Formation

Sebastián Mazzuca

in Latecomer State Formation: Political Geography and Capacity Failure in Latin America

This chapter examines the two processes of state-formation: territory consolidation and violence monopolization. It explains that territory consolidation refers to the process by which an emerging ... More

This chapter examines the two processes of state-formation: territory consolidation and violence monopolization. It explains that territory consolidation refers to the process by which an emerging political center decides which regions to include within its jurisdiction and which to exclude. It also highlights the importance of state-formation in the capacity of territory consolidation, emphasizing it as the source of a modern country's political geography. The chapter considers “state building” as a new phrase for an old concept, which can be traced to Max Weber's original notion of bureaucratization and the transition from patrimonial rule to meritocratic administration. It cites Guillermo O'Donnell's work on Latin America, which argues that variations in state capacity across contemporary cases are as the variation experienced in the rise of modern western Europe.Less

Origins

in The Microsoft Case: Antitrust, High Technology, and Consumer Welfare

This chapter explores the ideological origins of the monopolization law and reports the century-long history of the government's efforts to enforce it. It then addresses the convergence of political, ... More

This chapter explores the ideological origins of the monopolization law and reports the century-long history of the government's efforts to enforce it. It then addresses the convergence of political, theoretical, and competitive trends that persuaded the Antitrust Division to revive the tradition of the public monopolization enforcement by filing the Microsoft case. United States v. Microsoft is part of a long tradition of public monopolization enforcement that began in the late nineteenth century and gained a renewed urgency in the latter years of the New Deal. Ideology played a crucial role in the origins of antitrust. The repeated failures of public monopolization enforcement show the shortcomings of the law's definition of monopolization. The Chicago School's analysis influenced both antitrust law and enforcement policy. The Microsoft case rested on a new and exciting economic theory that was the height of fashion in legal scholarship.Less

Introduction: Footstool of Liberty’s Throne: Hero-Making versus Historiography

Kevin T. Barksdale

in The Lost State of Franklin: America's First Secession

This section identifies two interpretive paths of the historical scholarship of the statehood movement of Franklin. It notes that Franklin defenders have treated the statehood movement as a serious ... More

This section identifies two interpretive paths of the historical scholarship of the statehood movement of Franklin. It notes that Franklin defenders have treated the statehood movement as a serious rebellion—the cry of the West, distancing it from the economic motivations and internal factionalism which taints the Franklinites and their supporters. The section further notes that Thomas Perkins Abernethy penned a scathing economic interpretation of the development of the Tennessee frontier which emphasizes the central role land speculators played in the organization of Tennessee, and which condemns the consequences of their monopolization of land and corruption of regional politics on the unsuspecting yeoman farmers of the Valley. It explains that this study seeks to find Franklin's historical middle ground and reveal the complex, chaotic, and often tragic historical reality behind the backcountry movement to create America's first trans-Appalachian state.Less

The Birth of Torgsin

Elena Osokina

in Stalin's Quest for Gold: The Torgsin Hard-Currency Shops and Soviet Industrialization

This chapter discusses how the Special Bureau for Trade with Foreigners on the Territory of the USSR, Torgsin for short, was created on July 18, 1930. The emergence of Torgsin was part of a sweeping ... More

This chapter discusses how the Special Bureau for Trade with Foreigners on the Territory of the USSR, Torgsin for short, was created on July 18, 1930. The emergence of Torgsin was part of a sweeping process of centralization and monopolization conducted by the Soviet state at the end of the 1920s and the beginning of the 1930s. By opening Torgsin's stores for foreigners, the Soviet government aimed to concentrate the entire domestic hard-currency trade in the hands of a single organization. The service required from Torgsin was clear — to prevent foreign visitors from taking their currency back home. Although foreigners, unlike Soviet citizens, were allowed to have hard currency in their possession, the People's Commissariat of Finance (Narkomfin), a passionate advocate of the monopoly, tried to minimize the use of foreign currency as a means of purchase within the Soviet Union. This was true even for Torgsin. However, the acute needs of industrialization forced the leadership to loosen the state's currency monopoly.Less

Liberalization

László Csaba

in The Handbook of Political, Social, and Economic Transformation

Liberalization is a set of policies that apply to overcoming the distortions emanating from administratively managed markets. Originally it was conceived as one of the constituting elements of the ... More

Liberalization is a set of policies that apply to overcoming the distortions emanating from administratively managed markets. Originally it was conceived as one of the constituting elements of the four fundamental policies of systemic change, namely stabilization, liberalization, institution building, and privatization. Opening up markets and substituting administrative constraints with monetary ones were seen to be instrumental in overcoming soft budget constraints and shortages. It was also considered to be an easy measure to be sequenced early on. In hindsight incomplete liberalization has proven to be a major stumbling block to market building, in part because many markets— such as energy, transport, healthcare—remained monopolized. Furthermore, statist turns of the 2010s led to nationalization and monopolization in previously privatized sectors. Protectionism and national champions returned, limiting competitiveness and efficiency.Less

Monopolizing Culture: Two Case Studies

Joseph Loewenstein

in The Author's Due: Printing and the Prehistory of Copyright

This chapter investigates two case studies regarding monopolizing the culture. Sir John Harington's toilet is designed with the specific goal of removing not only all waste but also all odors, of ... More

This chapter investigates two case studies regarding monopolizing the culture. Sir John Harington's toilet is designed with the specific goal of removing not only all waste but also all odors, of eradicating the eliminated. His Metamorphosis appears to have earned him yet another banishment from the court of Elizabeth, but to suppose Elizabeth's motive to have been mere overniceness would be a mistake. Davenant v. Hurdis shows Coke directing antimonopolistic weapons against even the traditional privileges of an established guild. The Schollers Purgatory dances on the brink of authorial property. The novelty of George Wither's protest is that he gives the crimes an unvarnished description as economic offenses, as stolen labor. The Schollers Purgatory also comes close to enacting a rhetorical revolution, if not a conceptual one.Less

Powerful Firms and Monopolizing Conduct

Rex Ahdar

in The Evolution of Competition Law in New Zealand

New Zealand’s efforts to rein in the anticompetitive conduct of market dominant firms has been disappointing overall. Its track record, in terms of the number of successful challenges, has been ... More

New Zealand’s efforts to rein in the anticompetitive conduct of market dominant firms has been disappointing overall. Its track record, in terms of the number of successful challenges, has been dismal. The early cases under the 1986 Act were promising with some notable victories for plaintiffs. But this was not to last. A large part of this chapter details the shadow cast by the Privy Council in the momentous Clear v Telecom saga in the mid-1990s. Their Lordships promulgated a stringent “counterfactual” test for contravening conduct under s 36 (the monopolization prohibition), one that almost spelt the death knell for meaningful enforcement of the section. A major attempt to restore the effectiveness of s 36 and reverse the effect of the London ruling was made by Parliament in 2001, but that proved unavailing. Moreover, the Supreme Court, the replacement for the Privy Council, determined that the counterfactual test ought to be retained. Despite the unabridged severity of the test, a few stubborn victories against monopolizing firms were still recorded. Nonetheless, policymakers have determined that reform is required. One proposal is to revise s 36 to embrace a SLC test. The chapter also considers the dormant intellectual property exemption in s 36. New Zealand’s experience of refusals to deal (“essential faculties” doctrine) and predatory pricing are also analysed.Less

Protocol Selection as Power Selection

Laura DeNardis

in Protocol Politics: The Globalization of Internet Governance

This chapter finds that significant efforts are being made by different institutions and organizations to establish a centralized institution for better selection of Internet Protocol (IP) addresses. ... More

This chapter finds that significant efforts are being made by different institutions and organizations to establish a centralized institution for better selection of Internet Protocol (IP) addresses. These organizations are also placing emphasis on decentralizing the process of allotment of IP addresses, which has been monopolized by North America. A centralized institutional structure will ensure that no duplicate numbers are assigned to different Internet devices and that it helps to manage the limited resources and eliminate monopolization more effectively. These efforts are gaining significance as Internet designers are placing an emphasis on entrusting a specific institution with the responsibility of allotting IP addresses so that the problems of duplication and monopolization are minimized.Less

Welfare, Monopolization, Dominance, and Judicial Review

Daniel J. Gifford and Robert T. Kudrle

in The Atlantic Divide in Antitrust: An Examination of US and EU Competition Policy

This chapter explains the complications of total versus consumer welfare standards; the differences between monopolization and abuse of dominance; the varying meanings of market power and monopoly ... More

This chapter explains the complications of total versus consumer welfare standards; the differences between monopolization and abuse of dominance; the varying meanings of market power and monopoly power; and differing judicial review procedures. These topics underpin the exploration, in separate chapters, of mergers; exclusive dealing; price discrimination; predatory pricing; loyalty and bundled discounts; intellectual property and dynamic competition. In these diverse areas, the rationales underlying their differing treatment under U.S. and EU law are interconnected. For example, the rationales supporting EU treatment of loyalty discounts are related to the rationales supporting the treatment of price discrimination, of exclusive supply contracts and of predatory pricing. This treatment differs sharply from that accorded the same issues in the U.S. The rest of this book explores such connections.Less

Origins of the Common Law of Mining and Water Rights

Mark Kanazawa

in Golden Rules: The Origins of California Water Law in the Gold Rush

Chapter 6 examines the movement from the unofficial law of water rights as developed in the mining camps to the official law, as promulgated in the state courts. This movement occurred as camps ... More

Chapter 6 examines the movement from the unofficial law of water rights as developed in the mining camps to the official law, as promulgated in the state courts. This movement occurred as camps experienced various sources of instability, including corruption, enforcement costs, internal camp politics, and increasing generalized dissatisfaction with camp rules. These factors made it increasingly difficult over time for camps to keep order and enforce rights, encouraging miners to increasingly favor reliance on external governance mechanisms, both legislative and judicial. The state courts would largely defer to local mining camp rules and customs, lending lasting influence to the rules crafted in the mining camps. Thus, miners ended up with the substance of many of their own rules and were backed by the enforcement machinery and resources of the states.Less

The Lure of Tin

in Monstrous Adversary: The Life of Edward de Vere, 17th Earl of Oxford

This chapter focuses on Oxford's tin mining campaign. Oxford planned to ‘farm’ the Queen's tins by securing the ‘pre–emption’ of this wealth–producing metal. Preemption was a monopolistic practice ... More

This chapter focuses on Oxford's tin mining campaign. Oxford planned to ‘farm’ the Queen's tins by securing the ‘pre–emption’ of this wealth–producing metal. Preemption was a monopolistic practice intended to forestall competitive underbidding by suppliers: instead, one person or corporation would buy up the whole annual production and offer it for sale at a controlled price. Approximately one–third of Oxford's surviving letters and memoranda derive from his tin–mining campaign. These missives fall into two groups: first, 15 letters and some three memoranda, 20 March 1595 to 14 March 1596; second, three letters and some six memoranda, in or about June 1599.Less

Introduction

David Churchill

in Crime Control and Everyday Life in the Victorian City: The Police and the Public

The introduction critically interrogates orthodox accounts of crime control and modernization, and outlines the conceptual and methodological basis of an alternative interpretation. In particular, it ... More

The introduction critically interrogates orthodox accounts of crime control and modernization, and outlines the conceptual and methodological basis of an alternative interpretation. In particular, it critiques the state monopolization thesis—the notion that the state assumed full control over the response to crime in the modern era, which it has relinquished only recently, in an age of late modernity. To counter such accounts of crime control and modernity, the introduction advances a multifaceted conceptual framework for understanding the governance of crime, drawing on historical and sociological scholarship on governance and governmentality. Furthermore, it outlines the study’s methodology, which combines qualitative and quantitative analysis of newspaper reports, court depositions, and police records. Finally, it establishes the urban context for the study by synthesizing research on contours of urbanization, social structure, and shifting formations of urban space.Less

Dominant Firm Unilateral Conduct: Monopolization and Abuse of Dominance

David J. Gerber

in Competition Law and Antitrust

A firm acting alone—that is, unilaterally—can also harm competition. If it has sufficient influence on a market, it can exclude rivals or limit their capacity to compete. Competition law regimes ... More

A firm acting alone—that is, unilaterally—can also harm competition. If it has sufficient influence on a market, it can exclude rivals or limit their capacity to compete. Competition law regimes typically contain provisions prohibiting such conduct. Most use the concept of abuse of dominance to identify and combat it, but a few, including the US, use the term “monopolization” for this purpose. This component of competition law is often controversial and politically sensitive, and globalization increases this tension. This chapter identifies the issues in applying competition law to single firm conduct and reveals how regimes decide whether to pursue it. A single firm can harm competition only if it has sufficient power to influence a particular market, so the chapter looks at how regimes assess this power, how they define the relevant market, and which kinds of conduct constitute a competition law violation. Although most competition laws target this type of conduct, variations in actual treatment are great. The Guide outlines the global patterns and the factors that lead to them.Less