Competition law is a law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through private enforcement. Competition law is known as antitrust law in the United States for historical reasons, as "anti-monopoly law" in China and Russia. In previous years it has been known as trade practices law in Australia. In the European Union, it is referred to as both antitrust and competition law; the history of competition law reaches back to the Roman Empire. The business practices of market traders and governments have always been subject to scrutiny, sometimes severe sanctions. Since the 20th century, competition law has become global; the two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern competition law has evolved on a country level to promote and maintain fair competition in markets principally within the territorial boundaries of nation-states.
National competition law does not cover activity beyond territorial borders unless it has significant effects at nation-state level. Countries may allow for extraterritorial jurisdiction in competition cases based on so-called effects doctrine; the protection of international competition is governed by international competition agreements. In 1945, during the negotiations preceding the adoption of the General Agreement on Tariffs and Trade in 1947, limited international competition obligations were proposed within the Charter for an International Trade Organisation; these obligations were not included in GATT, but in 1994, with the conclusion of the Uruguay Round of GATT Multilateral Negotiations, the World Trade Organization was created. The Agreement Establishing the WTO included a range of limited provisions on various cross-border competition issues on a sector specific basis. Competition law, or antitrust law, has three main elements: prohibiting agreements or practices that restrict free trading and competition between business.
This includes in particular the repression of free trade caused by cartels. Banning abusive behavior by a firm dominating a market, or anti-competitive practices that tend to lead to such a dominant position. Practices controlled in this way may include predatory pricing, price gouging, refusal to deal, many others. Supervising the mergers and acquisitions of large corporations, including some joint ventures. Transactions that are considered to threaten the competitive process can be prohibited altogether, or approved subject to "remedies" such as an obligation to divest part of the merged business or to offer licenses or access to facilities to enable other businesses to continue competing. Substance and practice of competition law varies from jurisdiction to jurisdiction. Protecting the interests of consumers and ensuring that entrepreneurs have an opportunity to compete in the market economy are treated as important objectives. Competition law is connected with law on deregulation of access to markets, state aids and subsidies, the privatization of state owned assets and the establishment of independent sector regulators, among other market-oriented supply-side policies.
In recent decades, competition law has been viewed as a way to provide better public services. Robert Bork argued that competition laws can produce adverse effects when they reduce competition by protecting inefficient competitors and when costs of legal intervention are greater than benefits for the consumers. An early example was enacted during the Roman Republic around 50 BC. To protect the grain trade, heavy fines were imposed on anyone directly and insidiously stopping supply ships. Under Diocletian in 301 A. D. an edict imposed the death penalty for anyone violating a tariff system, for example by buying up, concealing, or contriving the scarcity of everyday goods. More legislation came under the constitution of Zeno of 483 A. D. which can be traced into Florentine municipal laws of 1322 and 1325. This provided for confiscation of property and banishment for any trade combination or joint action of monopolies private or granted by the Emperor. Zeno rescinded all granted exclusive rights. Justinian I subsequently introduced legislation to pay officials to manage state monopolies.
Legislation in England to control monopolies and restrictive practices was in force well before the Norman Conquest. The Domesday Book recorded that "foresteel" was one of three forfeitures that King Edward the Confessor could carry out through England, but concern for fair prices led to attempts to directly regulate the market. Under Henry III an act was passed in 1266 to fix bread and ale prices in correspondence with grain prices laid down by the assizes. Penalties for breach included amercements and tumbrel. A 14th century statute labelled forestallers as "oppressors of the poor and the community at large and enemies of the whole country". Under King Edward III the Statute of Labourers of 1349 fixed wages of artificers and workmen and decreed that foodstuffs should be sold at reasonable prices. On top of existing penalties, the statute stated that overcharging merchants must pay the injured party double the sum he received, an idea, replicated in punitive treble damages under US antitrust law.
Miracast is a standard for wireless connections from devices to displays, introduced in 2012 by the Wi-Fi Alliance. It can be described as "HDMI over Wi-Fi", replacing the cable from the device to the display; the Wi-Fi Alliance launched the Miracast certification program at the end of 2012. Devices that are Miracast-certified can communicate with each other, regardless of manufacturer. Adapters became available that may be plugged either into HDMI or USB ports, allowing devices without built-in Miracast support to connect via Miracast. In 2013, Nvidia announced support for Miracast. Miracast employs the peer-to-peer Wi-Fi Direct standard, it allows sending up to 1080p 5.1 surround sound. The connection is created via WPS and therefore is secured with WPA2. IPv4 is used on the Internet layer. On the transport layer, TCP or UDP are used. On the application layer, the stream is initiated and controlled via RTSP, RTP for the data transfer; the Wi-Fi Alliance maintains a list of certified devices, which numbered over 6,700 as of 9 March 2017.
Nvidia announced support in 2012 for their Tegra 3 platform, Freescale Semiconductor, Texas Instruments, Marvell Technology Group and other chip vendors have announced their plans to support it. Actiontec Electronics supports Miracast with its line of ScreenBeam products. Both devices need to be Miracast certified for the technology to work. However, to stream music and movies to a non-certified device, Miracast adapters are available that plug into HDMI or USB ports. On 29 October 2012, Google announced that Android version 4.2+ are supporting the Miracast wireless display standard, by default have it integrated. With Android 6.0 Marshmallow, released in 2015, Miracast support was dropped. As of 8 January 2013, the LG Nexus 4 and Sony's Xperia Z, ZL, T and V supported the function, as did HTC One, Motorola in their Droid Maxx & Ultra flagships, Samsung in its Galaxy S III and Galaxy Note II under the moniker AllShare Cast; the Galaxy S4 uses Samsung Link for its implementation. In October 2013, BlackBerry released its 10.2.1 update to most of the existing BlackBerry 10 devices available at that time.
As of March 2015, the BlackBerry Q10, Q5, Z30, models support Miracast streaming. In April 2013, Rockchip unveiled a Miracast adapter powered by the RK2928. Microsoft added support for Miracast in Windows 8.1 and Windows 10. This functionality first became available in the Windows 8.1 Preview, is available on hardware with supported Miracast drivers from hardware manufacturers such as those listed above. The WDTV Live Streaming Media Player added Miracast support with firmware version 2.02.32 The Amazon Fire TV Stick, which started shipping on 19 November 2014 supports Miracast. The Roku streaming stick and Roku TV started providing support for Miracast starting October 2014. On 28 July 2013, Google announced the availability of the Chromecast powered by a Marvell DE3005-A1, but despite the similarity in name and Google's early support of Miracast in Android, the Chromecast does not support Miracast. On 23 September 2014, Microsoft announced the Microsoft Wireless Display Adaptor, a USB-powered HDMI dongle for high definition televisions.
As of late April 2016, the Ubuntu Touch-powered Meizu Pro 5 supported Miracast in OTA-11. The technology was promoted to work across devices, regardless of brand. Miracast devices negotiate settings for each connection. In particular, it obviates having to worry about codec details. Miracast is "effectively a wireless HDMI cable, copying everything from one screen to another using the H.264 codec and its own digital rights management layer emulating the HDMI system". The Wi-Fi Alliance suggested that Miracast could be used by a set-top box wanting to stream content to a TV or tablet. Miracast can stream videos that are in 1080p, media with DRM such as DVDs, as well as protected premium content streaming, enabling devices to stream feature films and other copy-protected materials; this is accomplished by using a Wi-Fi version of the same trusted content mechanisms used on cable-based HDMI and DisplayPort connections. 27 Consumer Electronics Association formats, from 640 x 480 up to 4096 x 2160 pixels, from 24 to 60 frames per second 34 Video Electronics Standards Association formats, from 800 x 600 up to 2560 x 1600 pixels, from 30 to 60 fps 12 handheld formats, from 640 x 360 up to 960 x 540 pixels, from 30 to 60 fps Mandatory: 1280 x 720p30 Optional: 3840 x 2160p60 Mandatory: ITU-T H.264 for HD and Ultra HD video.
Franz Betz was a German bass-baritone opera singer who sang at the Berlin State Opera from 1859 to 1897. He was known for his performances in operas by Richard Wagner and created the role of Hans Sachs in Die Meistersinger von Nürnberg. Franz Betz was trained as a singer in Karlsruhe, he made his debut in 1856 at the Court Theater of Hanover as The Herald in Wagner's Lohengrin, after which he sang as a guest performer in various other German opera houses. His 1859 success at the Berlin State Opera in the role of Don Carlo in Verdi's Ernani, led to a permanent contract with the company, he became one of Wagner's most trusted singers, sang the role of Hans Sachs in the world premiere of his Die Meistersinger von Nürnberg. Betz sang the role more than a hundred times and was identified with the character, he sang Wotan in Das Rheingold and Die Walküre and The Wanderer in Siegfried for the first complete performance of Der Ring des Nibelungen. In May 1872, he was one of the four soloists in the performance of Beethoven's Ninth Symphony to mark the laying of the foundation stone for the Bayreuth Festspielhaus.
From 1882 to 1890, he served as the first president of the Genossenschaft Deutscher Bühnen-Angehöriger. He never sang in operas in either the United States or the United Kingdom, although he sang in concerts in London in 1882 and 1889, his singing in the 1889 concert when he was in his mid-fifties was described as "still without flaw". Upon his retirement from the stage in 1897, Betz was made a Kammersänger of the Berlin State Opera. Franz Betz died on 11 August 1900 in Berlin and is buried in the Kaiser-Wilhelm-Gedächtnis-Friedhof there, he was married to Johanna Betz. Newman, The Life of Richard Wagner. Alfred Knopf, 1946. Rosenthal, H. and Warrack, J. "Betz, Franz", The Concise Oxford Dictionary of Opera, 2nd Edition, Oxford University Press, 1979, p. 49. ISBN 0-19-311321-X
Not proven is a verdict available to a court in Scotland. Under Scots law, a criminal trial may end in one of three verdicts: one of conviction and two of acquittal. Between the Restoration in the late 17th century and the early 18th century, jurors in Scotland were expected only to find whether individual factual allegations were proven or not proven, rather than to rule on an accused's guilt. In 1728, the jury in a murder trial asserted "its ancient right" to declare a defendant "not guilty". Over time, the "not guilty" verdict regained wide acceptance and use amongst Scots juries, with the encouragement of defence lawyers, it displaced "not proven" as the primary verdict of acquittal. Nowadays, juries can return a verdict of either "not guilty" or "not proven", with the same legal effect of acquittal. Out of the country, the "not proven" verdict may be referred to as the Scottish verdict, in Scotland itself it may be referred to colloquially as the bastard verdict, a term coined by Sir Walter Scott, sheriff in the court of Selkirk.
By the early 17th century, the standard practice of juries in Scotland was to return a finding of "fylet and convict" or "clene and acquit". This changed in the late 17th century, at which point the role of the jury became to "declare whether or not the facts alleged had been proved", with the judge left to determine, based on that declaration, whether the accused was guilty or not. There is some disagreement between historians as to. David Hume and Hugo Arnot argue; the Crown persecuted the Covenanters but popular support made it impossible to convict them in a jury trial. To pare the power of the jury, the Scottish judges began restricting the jury's role: no longer would the jury announce whether the accused was "guilty" or "not guilty". In a notable trial in 1728, a defence lawyer persuaded a jury to reassert its ancient right of acquitting, of finding an accused "not guilty", in spite of the facts being proven; the case involved the trial of Carnegie of Finhaven for the murder of the Earl of Strathmore.
The law required the jury to look at the facts and pass a verdict of "proven" or "not proven" depending on whether they believed the evidence proved that the accused had killed the Earl. Carnegie had undoubtedly killed the Earl, but had clearly not intended to do so. If the jury brought in a "proven" verdict they would in effect constrain the judge to find Carnegie guilty of murder, for which the punishment was hanging. To avert this outcome, the jury asserted what it believed to be their "ancient right" to judge the whole case and not just the facts, brought in the verdict of "not guilty"; the reintroduction of the "not guilty" verdict was part of a wider movement during the 17th and 18th century which saw a gradual increase in the power of juries, such as the trial of William Penn in 1670, in which an English jury first gained the right to pass a verdict contrary to the law, the trial of John Peter Zenger in New York in 1735 in which jury nullification is credited with establishing freedom of the press as firm right in what would become the United States.
Legal academic Ian Willock argues that the 1728 case was "of great significance in calling a halt to a process of attrition which might have led to the total extinction of the criminal jury". Although jurors continued to use both "not guilty" and "not proven" after 1728, jurors tended to favour the "not guilty" verdict over the "not proven" and the interpretation changed. There have been consistent calls to scrap the "not proven" verdict since the middle of the 20th century. In 1975, the Thomson Committee on Criminal Procedure in Scotland recommended retaining the three-verdict system; the Scottish Office consulted on scrapping "not proven" in 1994. Unsuccessful attempts to scrap the "not proven" verdict were made in Parliament by Donald Dewar in 1969, George Robertson in 1993 and Lord Macauly of Bragar in 1995. A private members' bill to scrap the "not proven" verdict was debated in the Scottish Parliament in 2016, but was rejected by 80 votes to 28. Proponents of reform argue that the "not proven" verdict is regarded as an acquittal used when the judge or jury does not have enough evidence to convict but is not sufficiently convinced of the accused person's innocence to bring in a "not guilty" verdict.
The judge or jury is unconvinced that the suspect is innocent, but guilt has not been proven "beyond reasonable doubt". Conversely, its opponents argue that a two-verdict system would lead to an increase in wrongful convictions. Following a not proven verdict in a criminal trial in 2015, Miss M sued Stephen Coxen in the civil courts, in what was the first civil damages action for rape following an unsuccessful criminal prosecution in 100 years. In 2018 Miss M launched #EndNotProven alongside Rape Crisis Scotland, calling for Not Proven to be removed and citing the disproportionate use in rape cases, the widespread misunderstandings of the verdict and fears that it is being used as an'easy way out' by jurors. In Scotland, a criminal case may be decided either in solemn procedure by a jury, or in summary procedure by the judge alone. There are various rules for when the other procedure may or must be employed. A criminal case jur
The Division of Hindmarsh is an Australian Electoral Division in South Australia covering the western suburbs of Adelaide. The division was one of the seven established when the former Division of South Australia was split on 2 October 1903, was first contested at the 1903 election, though on vastly different boundaries; the Division is named after Sir John Hindmarsh, Governor of South Australia from 1836 to 1838. The 78 km² seat extends from the coast in the west to South Road in the east, covering the suburbs of Ascot Park, Brooklyn Park, Fulham, Grange, Henley Beach, Kidman Park, Kurralta Park, Plympton, Semaphore Park, West Beach and West Lakes; the international Adelaide Airport is centrally located in the electorate making noise pollution a prominent local issue, besides the aged care needs of the elderly population − the seat has one of the highest proportions of citizens over the age of 65 in Australia. Progressive boundary redistributions over many decades transformed Hindmarsh from a safe Labor seat in to a marginal seat won by the government of the day.
Though based on the greater Port Adelaide area to the north of the present boundary, now represented by the Division of Port Adelaide, Hindmarsh has long been dominated by working-class families and aged pensioners. Redistributions from the late 1940s onward have moved Hindmarsh clear of its initial boundaries over time to include wealthy seaside suburbs in and around Glenelg and the Holdfast Bay area to the south. With only the two additional seats of Adelaide and Boothby covering the metropolitan area until 1949, the south-east state border rural seat of Barker was considered a "hybrid urban-rural" seat, stretching all the way from the southern tip of South Australia at least as far as Glenelg and the Holdfast Bay area, at times stretched as far as the western metropolitan suburbs of Keswick and Henley Beach. After 1949 some of the area had variously been covered by Boothby and now-abolished Hawker; the present Hindmarsh has changed little geographically since neighbouring Hawker was abolished in 1993, though the north-western coastal strip was added from 2004.
Though now a marginal seat, for nearly a century it had been one of the safest Labor seats in the country, was in Labor hands for all but three years from the 1903 election to the 1993 election. As a measure of the strength of Labor support at the time, it was the only seat in the state won by Labor in the massive United Australia Party landslide of 1931. One of the few times that Labor's hold on the seat was threatened in this time came in 1966, when the Labor margin was pared down to 1.7 percent. Sitting member Clyde Cameron still won enough primary votes to retain the seat outright. Prominent members for the electorate have included Norman Makin, Speaker in the Scullin government, a cabinet minister in the Curtin and Chifley governments, Clyde Cameron, a cabinet minister in the Whitlam Government. A redistribution ahead of the 1984 election made Hindmarsh far less safe for Labor. From on, successive redistributions gave it a voting pattern similar to mortgage belt seats, which tend to be marginal.
Labor's hold on the seat became more tenuous in the redistribution prior to the 1993 election when it absorbed most of the area around Holdfast Bay, in abolished Hawker. This reduced Labor's two-party margin from an marginal 5.3 percent to a paper-thin one percent. Combined with state-level anger at the time stemming from the State Bank Collapse, this was enough for Liberal Chris Gallus the member for Hawker, to win the seat in 1993 with a one percent two-party margin from a two percent two-party swing, becoming only the second non-Labor MP to win it, she consolidated her hold on the seat at the 1996 election amid her party's large victory that year, increasing her margin to 8.1 percent – the strongest result for a non-Labor candidate in the seat's history. Gallus fended off spirited challenges from Labor's Steve Georganas at both the 1998 election and 2001 election, winning each time with a margin of less than two percent; when Gallus retired at the 2004 election, Georganas won the seat on a razor-thin 0.06 percent two-party margin from a one percent two-party swing, defeating Liberal candidate Simon Birmingham.
Georganas increased his two-party margin above five percent at both the 2007 election and the 2010 election. Though Georganas was thought to have built up a base with the substantial Greek community in Hindmarsh, he was defeated at the 2013 election when Liberal Matt Williams won the seat with a 1.89 percent margin from a 7.97 percent two-party-preferred swing. He became its third non-Labor member, the first to oust a sitting Labor MP in the seat; the only South Australian seat to change hands in 2013, Hindmarsh became the most marginal seat in South Australia, the only marginal Liberal seat in the state, only to be won back by Georganas for Labor at the 2016 election. Being the only South Australian seat changing hands and won by the incoming government in 2013, coupled with being the only South Australian seat changing hands in 2016 aside from Mayo, underscored the marginal seat volatility of present-day Hindmarsh. Not a "bellwether" electorate however, ABC psephologist Antony Green listed the nearby Division of Makin as one of eleven seats throughout Australia which he classed as bellwethers in his 2016 pre-election guide, was notably the only bellwether outside of New South Wales and Queensland.
Ursula Reutner is a German linguist. She holds the Chair of Romance Cultures at the University of Passau. Reutner is an internationally renowned expert in Romance Studies and Intercultural Communication, who has won several awards for her work, including the Prix Germaine de Staël, the Elise Richter Prize and an honorary doctorate from the Universidad del Salvador. Ursula Reutner studied European Business Studies and Art History as well as English and Spanish Linguistics and Literature at the University of Bamberg and Paris-Sorbonne University. Having obtained her doctorate in Romance Linguistics/French with research on Language and Identity at the University of Augsburg in 2004, she embarked on postdoctoral research on Language and Taboo for her postgraduate habilitation degree, which she completed in 2007, thus gaining the formal right to teach and conduct research at professorial level, she was a visiting professor at universities in France, Spain, Mexico and Brazil and, in academic year 2007–2008, interim chairholder of the Chair of Romance Linguistics at the University of Duisburg-Essen.
In 2009, she joined the University of Passau, where she was appointed Chair of Romance Languages and Cultures. During her time in Passau, she was offered professorial appointments at the University of Heidelberg and the University of Paderborn, which she both declined. Ursula Reutner is a member of numerous Romance Studies associations and sits on the Academic Advisory Board of the journal Romanistik in Geschichte und Gegenwart, she is the Director of the Language Center at the University of Passau and the Director of the Institute of Intercultural Communication, that organizes and conducts intercultural training programs for students, business people and politicians. From 2014 until 2018, she was the Vice President for International Relations of her University. Ursula Reutner is a specialist in studies on multicultural societies that she analyses with regard to their socio-linguistic situation, their linguistic and cultural history as well as the Language Planning and Policies they are affected by.
Her examination of different French-speaking countries using a homogeneous set of criteria allows her to establish a typology of French-speaking countries. She is highly recognized for her research in the field of language and power, including political correctness and linguistic taboos, her works in the framework of Intercultural Communication, cultural contact and the cultural analysis of the Internet. Other research interests are Diglossia and Social Multilingualism, Scientific Language, Linguistic Norms and Judgements, Speaker Attitudes and Lexicography and Philosophy of Language. Honorary doctorate from the Universidad del Salvador Prix Germaine de Staël Elise-Richter-Preis "Porträt Ursula Reutner". In: Romanistik in Geschichte und Gegenwart 17/1, S. 159–163. Manuel des francophonies. De Gruyter, Berlin/Boston 2017, ISBN 978-3-11-034670-1. Interkulturelle Kompetenz. Anleitung zum Fremdgehen - Ein Lernparcours. Westermann, Braunschweig 2015, ISBN 978-3-14-162172-3. Lingüística mediática y traducción audiovisual.
Lang, Frankfurt am Main 2015, ISBN 978-3-631-66486-5. Von der Zeitung zur Twitterdämmerung. LIT, Münster 2014, ISBN 978-3-643-12451-7. Bienvenue chez les Ch'tis. Reclam, Stuttgart 2013, ISBN 978-3-15-019821-6. Political Correctness. Lang, Frankfurt 2012, ISBN 978-3-631-62242-1. Von der digitalen zur interkulturellen Revolution. Nomos, Baden-Baden 2012, ISBN 978-3-8329-7880-8. Geschichte der italienischen Sprache. Narr, Tübingen 2011, ISBN 978-3-8233-6653-9. Sprache und Interpretationen zu französischen und italienischen Euphemismen. Beihefte zur Zeitschrift für Romanische Philologie. Band 346. Niemeyer, Tübingen 2009, ISBN 978-3-484-52346-3. 400 Jahre Quebec. Kulturkontakte zwischen Konfrontation und Kooperation. Winter, Heidelberg 2009, ISBN 978-3-8253-5708-5. Beiträge zur Kreolistik. Buske, Hamburg 2007, ISBN 978-3-87548-478-6. Sprache und Identität einer postkolonialen Gesellschaft im Zeitalter der Globalisierung. Eine Studie zu den französischen Antillen Guadeloupe und Martinique. Buske, Hamburg 2005, ISBN 3-87548-423-1.
Diglossia French language Language policy in France