895 resultados para Pari-Mutual Facilities


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In an increasingly interlinked and interdependent world, Europe and Asia are key players. Free trade agreements (FTAs), such as the ones the EU concluded with South Korea and Singapore, are indicative of strong mutual economic interests. It is therefore timely to take a closer look at the mutual perceptions of Asians and Europeans – not only at the governmental and policymaking levels, but also in terms of public opinion and the media. Drawing on data from an extensive research project led by the National Centre for Research on Europe (NCRE), New Zealand, the empirical study in this paper assesses the mutual perceptions of the EU/Europe and Asia, and their respective actors, focusing on two countries – Germany and Singapore. It seeks to do so through an analysis of the data collected from print and broadcast media, interviews with media practitioners, and the findings from public opinion surveys.

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From the Introduction. Governor Romney’s statement that President Obama was trying to convert the United States into a European state actually served to point out the need for a much deeper understanding of both entities to make considerable progress in the future. The need for a close alliance is taken for granted. However, the link is riddled with confusion and stereotypes. This relationship is considered a normal fact forged by mutual historical legacies. Hence the frequent signs of awkward behaviour and misunderstandings under the cover of the notion that potential damage will be corrected by the force of the special relationship. If conflicts are detected, both parties are said to be condemned to agree. If a lack of knowledge is detected, it will be modified by accessible means. Mechanisms for an understanding and cooperation are within reach. Therefore, an effective relationship is not utopian. However, there are areas in which much work is needed to strengthen the alliance and correct its shortcomings. There is a need, not only for agreements in economic and political issues, but also for a deeper understanding of the essence of both entities.

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Introduction. The essential facilities doctrine may be seen as the ‘extra weight’ which is put onto the balance, in order to give precedence to the maintenance of competition over the complete contractual freedom of undertakings controlling an important and unique facility. The main purpose of the doctrine is to impose upon such ‘dominant’ undertakings the duty to negotiate and/or give access to the facility, against a reasonable fee, to other undertakings, which cannot pursue their own activity (and therefore will perish) without access to such a facility. This very simple description of the content of the doctrine underlines its limitations: through the imposition of a duty to negotiate or contractual obligations, the rule tends to compensate for the weaknesses of the competitive structure of a market, which are due to the existence of some essential facility. In other words, the doctrine does not by itself provide a definitive solution to the lack of competition, but tends to contractually maintain or even create some competition.1 The doctrine of essential facilities originates in the US antitrust case law of the Circuit and District Courts, but has never been officially acknowledged by the Supreme Court. It has been further developed and hotly debated by scholars in the US, both from a legal and from an economic viewpoint. In the EU, the essential facilities doctrine was openly introduced by the Commission during the early 1990s, but has received only limited and indirect support by the Court of First Instance (the CFI) and the European Court of Justice (the ECJ). It also indirectly inspired the legislation concerning the deregulation of traditional ‘natural’ monopolies. The judicial origin of the doctrine, combined with the hesitant application by the appeal courts, both in the US and the EU, cast uncertainty not only on the precise scope of the doctrine, but also on the issue of its very existence. These questions receive a particular light within the EU context, where the doctrine is called upon to play a different role from its US counterpart. In order to address the above issues, we will first pretend that an EU essential facility doctrine does indeed exist and we shall try to identify the scope and content thereof, through its main applications (Section 1). Subsequently, we will try to answer the question whether such a doctrine should exist at all in the EU (Section 2).