The increasing criminalization of economic law : a competition law perspective

Purpose – The purpose of this paper is to examine the trend towards the criminalization of hard core cartel conduct and to consider the appropriateness and effectiveness of extending the criminal law to this conduct. In addition, it will consider some of the legal implications, including the exposure of directors of companies to potential racketeering charges.
Design/methodology/approach – The paper first examines cartel theory and the justification for prohibition. The paper then identifies the emerging trend toward criminalization of hard core cartel conduct, followed by an assessment of potential justifications for criminalization. Implications of criminalization, including the potential impact of organized crime legislation on offenders and regulators, will then be considered.
Findings – There is a clear trend towards the criminalization of hard core cartels. The paper argues that this trend is appropriate, both because of the moral culpability it attracts and because of its potential to enhance general deterrence. The paper also argues that cartel conduct, in jurisdictions in which it is criminalized, will constitute “organized crime” as defined in the Palermo Convention and, as such, expose participants to potential money laundering and asset forfeiture consequences.
Originality/value – This paper is of value to governments and regulators considering adoption or implementation of a criminal cartel regime and to practitioners in advising clients about potential consequences of cartel conduct within a criminal regime.

Software developer policies : economics and s 46 of the Competition and Consumer Act 2010

This article considers the impact of developer policies that hinder or restrict cross platform application development. We suggest that policies that hinder or restrict cross platform development have the potential to erode competition within the market for smartphones. The article also considers the relevance of dominance measures in software markets, arguing that conventional economic approaches may not be applicable. Furthermore, while most monitoring activities tend to focus primarily on protection of consumers, the article points out that modern electronic/information technology markets are multi-sided and there is a need for monitoring of practices designed to attract and retain the favour of developers. While the article is written in the context and application of the applicable Australian legislation, this being s 46 of the Competition and Consumer Act 2010 (Cth), our findings are equally relevant to other jurisdictions.

Competition : the heart and soul of sport management

Understanding competition is central to the task of strategy formulation and implementation and it is the link between competition and strategy that was explored in the 2011 Dr. Earle F. Zeigler Lecture. It was argued that strategy, given its centrality to organizational phenomena, and strategy research in particular, provides rich and diverse competitive contexts with the potential to reveal some of the unique properties of sport management. To ascertain the prevalence of sport-related strategy research, three sport management journals were subject to content analysis to identify published manuscripts related to strategy. Before presenting the results, the Lecture considered competition on and off the field, the origins of competitive behavior in sport management and a brief review of the major research themes in the generic strategic management literature. Results revealed that 20 (2.5%) of the 805 manuscripts published in the three journals were strategy focused. Research themes and contexts were presented as well as a bibliometric analysis of the reference lists of the 20 identified strategy manuscripts. This analysis highlighted the journals that are influencing published sport management strategy-related research. It was concluded that strategy research specific to sport management has been sparse to date, yet the role of strategy formulation is central to the role of management and should also be central to sport management scholarship.

Experiences of Australian professional female tennis players returning to competition from injury

Background: This study examined the experiences of professional female tennis players returning to competition from injury.

Methods: In a study commissioned by Tennis Australia, 55 Australian professional female tennis players responded anonymously to a questionnaire developed for the purposes of this study. The questionnaire consisted of open and closed questions that assessed a player’s attribution style, the occurrence and effect of minor and major injuries, frequency and type of treatment sought, attitudinal chances following injury and preventative injury factors.

Results: The quantitative and qualitative analyses of participants’ responses revealed players generally displayed an internal attribution style with the majority of minor injuries involving lower limb injuries (attributed to playing on hard surfaces). Players reported these injuries were addressed in a variety of ways including self-treatment. The majority of severe injuries were upper limb/shoulder and these were generally treated at tournament sites with some requiring surgery.

Conclusions: Players adopted a range of measures to assist recovery from severe injury including the services of health professionals. In further findings, a player’s attribution style was not a predictive variable, except in terms of the number of tournaments missed for minor injuries. Implications of the study’s results and future research directions for cross-cultural studies are highlighted.

Performance score variation between days at Australian national and Olympic women's artistic gymnastics competition

We determined the inter-day variability in elite-standard women's artistic gymnastics competition scores. National (50 gymnasts for up to three days) and Olympic (24 gymnasts for up to five days) competition scores published in the public domain (‘Giant poster pull-out’, 2010; Gymnastics Australia, 2008) were evaluated using three statistical measures. Analyses of the inter-day differences in the mean scores as a percentage (MDiff%), coefficient of variation percentages for the mean score across both days (CV%), and Pearson correlation coefficients for the inter-day score (r) were interpreted using thresholds from trivial to large. National-class gymnasts' two-day performance variation was trivial for vault, small for floor and beam, and moderate for bars. When senior gymnasts competed for a third day the performance variation increased to moderate for vault. Across five days of Olympic competition there were trivial (e.g. CV%: vault = 0.8) to small (e.g. CV%: bars = 2.0) variations in performances between days on all apparatus. Olympians' performance score consistency is superior to senior, national-class competitors. The performance score consistency required for gymnasts who aspire to participate at the Olympics as a top-24 competitor is better than 3%.

Females use multiple mating and genetically loaded sperm competition to target compatible genes

Individuals in socially monogamous species may participate in copulations outside of the pair bond, resulting in extra-pair offspring. Although males benefit from such extra-pair behavior if they produce more offspring, the adaptive function of infidelity to females remains elusive. Here we show that female participation in extra-pair copulations, combined with a genetically loaded process of sperm competition, enables female finches to target genes that are optimally compatible with their own to ensure fertility and optimize offspring viability. Such female behavior, along with the postcopulatory processes demonstrated here, may provide an adaptive function of female infidelity in socially monogamous animals.

Competition or collaboration: policies and practices in international higher education

Universities in the twenty-first century experience numerous competing drivers that shape their sense of purpose and role in society, their perspectives of knowledge and its production and their overall sense of being in the world. One major force is marketplace discourse, in particular neo-liberalism and competition, which is discordant with the discourse of academic collaboration and collegial sharing. This review essay examines what it means to ‘be’ a university in light of these overarching discourses and what is envisioned for universities of the future.

Therapeutic equivalence and the generic competition paradox

Following the passage of the Waxman-Hatch Act (1984), FDA approval for a generic drug requires the establishment of bio-equivalence between the generic drug and an FDA approved branded drug. However, a large body of evidence in the medical community suggests that bio-equivalence does not guarantee therapeutic equivalence; in some instances the lack of therapeutic equivalence can lead to fatal consequences for patients switching to generic products. In this paper, we construct a simple model to analyze the implications of therapeutic non-equivalence between branded and generic drugs. We show, theoretically and empirically, that this distinction can provide a plausible explanation of the generic competition paradox.

Unfair punishment : when criminal record checks lead to discrimination

Applying for a job is stressful enough, but if you have a criminal record, even if it’s not relevant to the job you’re applying for, it can be a nightmare.

Employers in Australia regularly discriminate on the grounds that a person has an irrelevant criminal record and checking criminal records is on the increase. The number of criminal record checks undertaken in Victoria have risen by almost 6,000% since 1993.

It is concerning then that the few laws that prohibit discrimination on the basis of irrelevant criminal record lack real teeth.

Competition and television news in India : a content analysis

In India, not unlike some other developing countries, ruling parties have used public service broadcasters to propagate their virtues, adversely affecting the broadcasters' image as a credible news media. The Indian public service broadcaster. Doordarshan,
which has been besieged by increased competition and government-imposed demandfor selfsufficiency in recent years, continues to struggle to shed its image as a government mouthpiece despite being run by an independent corporation. This article
presents a content analysis of news programs broadcast by Doordarshan and a foreign television network. Star News. The study examines the differences and similarities between Doordarshan and Star TV's prime time news programs broadcast at the turn ofthe century, almost a decade after the advent ofcommercial television in India broke the public service broadcaster's monopoly in the country.

Are all economic facts greatly exaggerated? Theory competition and selectivity

There is growing concern and mounting evidence of selectivity in empirical economics. Most empirical economic literatures have a truncated distribution of results. The aim of this paper is to explore the link between publication selectivity and theory contests. This link is confirmed through the analysis of 87 distinct empirical economics literatures, involving more than three and a half thousand separate empirical studies, using objective measures of both selectivity and contests. Our meta–meta-analysis shows that publication selection is widespread, but not universal. It distorts scientific inference with potentially adverse effects on policy making, but competition and debate between rival theories reduces this selectivity and thereby improves economic inference.