Le contrat de distribution exclusive et le principe de la concurrence au Canada

Les contrats de distribution exclusive sont couramment utilisés dans la mise en marché des produits. Des doutes et des critiques ont été, pourtant, soulevés relativement à leur validité au regard du droit de la concurrence. Ces ententes et les pratiques qui en découlent paraissent, à première vue, anticoncurrentielles. Le propos de ce mémoire est d’examiner dans quelle mesure les contrats de distribution exclusive peuvent, en fait, stimuler la concurrence et de montrer, en conséquence, qu’ils devraient être considérés licites eu égard au droit de la concurrence. Nous trouvons, d’une part, que les pratiques exclusives sont suspectes vu qu’elles réduisent la liberté contractuelle du producteur et du distributeur. Cette restriction est susceptible d’entraver la concurrence à cause du pouvoir de marché qu’elle crée et elle peut, de ce fait, engendrer le monopole. La Loi sur la concurrence interdit de tels agissements. Les contrats de distribution exclusive peuvent, d’autre part, favoriser réellement la concurrence. Ils constituent un instrument stratégique utilisé par les entrepreneurs dans leur lutte pour accroître leur part de marché. La distribution exclusive, en portant les acteurs commerciaux à chercher les meilleures stratégies, renforce la concurrence. Celle-ci doit être entendue non seulement comme une constante rivalité entre toutes les entreprises, mais elle doit aussi inclure la coopération entre certaines entreprises en vue de mieux concurrencer d’autres à un niveau plus général. Une juste appréciation de la concurrence dans les contrats de distribution exclusive requiert le recours à l’analyse économique du droit. Cette analyse permet une évaluation de la concurrence basée sur le critère de l’efficience économique. En vue de déterminer si une pratique donnée augmente ou non le bien-être général (sur quoi l’analyse de l’efficience met l’accent), les effets négatifs de cette pratique devraient être mis en balance avec ses effets positifs résultant des gains en efficience. C’est dans ce sens que le droit de la concurrence a évolué tant dans l’Union européenne qu’aux États-Unis et au Canada pour permettre les ententes qui entraînent des gains nets d’efficience. Ce qu’on aurait pu condamner autrefois pour entrave à la concurrence, peut maintenant paraître comme une stratégie commerciale licite et saine. Compte tenu de ce récent développement, notre analyse nous conduit à la conclusion que les accords de distribution exclusive devraient être considérés licites dans la mesure où ils améliorent le bien-être du consommateur.

Du Linéaire au Stellaire, du film au webdocumentaire : un dispositif de réflexion et de communication sur le réel

Ce texte de mémoire est accompagné du webdocumentaire interactif : De la chaise à la mer, disponible à l'adresse http://www.delachaisealamer.net.

Distribution and abundance of ladybirds (Coleoptera : Coccinellidae) in non-crop habitats

The abundance and distribution of coccinellids in non-crop habitats was studied using removal sampling and visual observation. Coccinellids were most frequently found on grassland habitats. Coccinellid abundance appeared to be most strongly correlated with the percentage ground cover of thistle, grasses and nettles. The most commonly collected coccinellids were Coccinella septempunctata and Adalia bipunctata comprising 60% and 35% of the catches respectively. Most coccinellids were found on Rubus spp. with nettles (Urtica dioica) and grasses being the next most favoured plant species. Adalia bipunctata was the most commonly found coccinellid species on nettles and birch (Betula spp.) whereas C. septempunctata was the most commonly found species on grasses, Rubus spp, and oak (Quercus spp.). These results are discussed in light of current thinking on the importance of "island" habitats as pali of an integrated pest management programme.

Effect of dietary supplementation with selenium-enriched yeast or sodium selenite on selenium tissue distribution and meat quality in commercial-line turkeys

The objective of this study was to determine the concentration of total selenium (Se) and proportions of total Se comprised as selenomethionine (SeMet) and selenocysteine (SeCys) in the tissues of female turkeys offered diets containing graded additions of selenized-enriched yeast (SY), or sodium selenite (SS). Oxidative stability and tissue glutathione peroxidase (GSH-Px) activity of breast and thigh muscle were assessed at 0 and 10 days post mortem. A total of 216 female turkey poults were enrolled in the study. A total of 24 birds were euthanized at the start of the study and samples of blood, breast, thigh, heart, liver, kidney and gizzard were collected for determination of total Se. Remaining birds were blocked by live weight and randomly allocated to one of four dietary treatments(n548 birds/treatment) that differed either in Se source (SY v. SS) or dose (Con [0.2 mg/kg total Se], SY-L and SS-L [0.3mg/kg total Se as SY and SS, respectively] and SY-H [0.45mg total Se/kg]). Following 42 and 84 days of treatment 24 birds per treatment were euthanized and samples of blood, breast, thigh, heart, liver, kidney and gizzard were retained for determination of total Se and the proportion of total Se comprised as SeMet or SeCys. Whole blood GSH-Px activity was determined at each time point. Tissue GSH-Px activity and thiobarbituric acid reactive substances were determined in breast and thigh tissue at the end of the study. There were responses (P,0.001) in all tissues to the graded addition of dietary Se, although rates of accumulation were highest in birds offered SY. There were notable differences between tissue types and treatments in the distribution of SeMet and SeCys, and the activity of tissue and erythrocyte GSH-Px (P,0.05). SeCys was the predominant form of Se in visceral tissue and SeMet the predominant form in breast tissue. SeCys contents were greater in thigh when compared with breast tissue. Muscle tissue GSH-Px activities mirrored SeCys contents. Despite treatment differences in tissue GSH-Px activity, there were no effects of treatment on any meat quality parameter.

Analyzing the performance of non-listed real estate funds: an panel data analysis

The rapid growth of non-listed real estate funds over the last several years has contributed towards establishing this sector as a major investment vehicle for gaining exposure to commercial real estate. Academic research has not kept up with this development, however, as there are still only a few published studies on non-listed real estate funds. This paper aims to identify the factors driving the total return over a seven-year period. Influential factors tested in our analysis include the weighted underlying direct property returns in each country and sector as well as fund size, investment style gearing and the distribution yield. Furthermore, we analyze the interaction of non-listed real estate funds with the performance of the overall economy and that of competing asset classes and found that lagged GDP growth and stock market returns as well as contemporaneous government bond rates are significant and positive predictors of annual fund performance.

Commercial real estate return distributions: a review of literature and empirical evidence

This paper review the literature on the distribution of commercial real estate returns. There is growing evidence that the assumption of normality in returns is not safe. Distributions are found to be peaked, fat-tailed and, tentatively, skewed. There is some evidence of compound distributions and non-linearity. Public traded real estate assets (such as property company or REIT shares) behave in a fashion more similar to other common stocks. However, as in equity markets, it would be unwise to assume normality uncritically. Empirical evidence for UK real estate markets is obtained by applying distribution fitting routines to IPD Monthly Index data for the aggregate index and selected sub-sectors. It is clear that normality is rejected in most cases. It is often argued that observed differences in real estate returns are a measurement issue resulting from appraiser behaviour. However, unsmoothing the series does not assist in modelling returns. A large proportion of returns are close to zero. This would be characteristic of a thinly-traded market where new information arrives infrequently. Analysis of quarterly data suggests that, over longer trading periods, return distributions may conform more closely to those found in other asset markets. These results have implications for the formulation and implementation of a multi-asset portfolio allocation strategy.

Threshold autoregressive and Markov switching models: an application to commercial real estate

Although financial theory rests heavily upon the assumption that asset returns are normally distributed, value indices of commercial real estate display significant departures from normality. In this paper, we apply and compare the properties of two recently proposed regime switching models for value indices of commercial real estate in the US and the UK, both of which relax the assumption that observations are drawn from a single distribution with constant mean and variance. Statistical tests of the models' specification indicate that the Markov switching model is better able to capture the non-stationary features of the data than the threshold autoregressive model, although both represent superior descriptions of the data than the models that allow for only one state. Our results have several implications for theoretical models and empirical research in finance.

Non-cinema: the location of politics in film

Philosophy has repeatedly denied cinema in order to grant it artistic status. Adorno, for example, defined an ‘uncinematic’ element in the negation of movement in modern cinema, ‘which constitutes its artistic character’. Similarly, Lyotard defended an ‘acinema’, which rather than selecting and excluding movements through editing, accepts what is ‘fortuitous, dirty, confused, unclear, poorly framed, overexposed’. In his Handbook of Inaesthetics, Badiou embraces a similar idea, by describing cinema as an ‘impure circulation’ that incorporates the other arts. Resonating with Bazin and his defence of ‘impure cinema’, that is, of cinema’s interbreeding with other arts, Badiou seems to agree with him also in identifying the uncinematic as the location of the Real. This article will investigate the particular impurities of cinema that drive it beyond the specificities of the medium and into the realm of the other arts and the reality of life itself. Privileged examples will be drawn from various moments in film history and geography, starting with the analysis of two films by Jafar Panahi: This Is Not a Film (In film nist, 2011), whose anti-cinema stance in announced in its own title; and The Mirror (Aineh, 1997), another relentless exercise in self-negation. It goes on to examine Kenji Mizoguchi’s deconstruction of cinematic acting in his exploration of the geidomono genre (films about theatre actors) in The Story of the Last Chrysanthemums (Zangigku monogatari, 1939), and culminates in the conjuring of the physical experience of death through the systematic demolition of film genres in The Act of Killing (Joshua Oppenheimer et al., 2012).

Videography as production nexus : digital film cameras, media mangement and the distribution of creativity

This thesis is about new digital moving image recording technologies and how they augment the distribution of creativity and the flexibility in moving image production systems, but also impose constraints on how images flow through the production system. The central concept developed in this thesis is ‘creative space’ which links quality and efficiency in moving image production to time for creative work, capacity of digital tools, user skills and the constitution of digital moving image material. The empirical evidence of this thesis is primarily based on semi-structured interviews conducted with Swedish film and TV production representatives.This thesis highlights the importance of pre-production technical planning and proposes a design management support tool (MI-FLOW) as a way to leverage functional workflows that is a prerequisite for efficient and cost effective moving image production.

A Model for Bundled Conductors considering a Non-Homogeneous Distribution of the Current through Subconductors

This paper describes an alternative procedure to obtain an equivalent conductor from a bundled conductor, taking into account the distribution of the current in subcondutors of the bundle. Firstly, it is introduced a brief background about the concept of Geometric Mean Radius (GMR) and how this methodology is applied to define an equivalent conductor and its electric parameters. Emphasizing that the classical procedure, using GMR, is limited to premise which the current is equally distributed through subconductors. Afterwards, it is described the development of proposed method and applications for an equivalent conductor obtained from a conventional transmission line bundled conductor and from an equivalent conductor based on a bundle with compressed SF(6) insulation system, where the current is unequally distributed through subconductors.

Rabies virus distribution in tissues and molecular characterization of strains from naturally infected non-hematophagous bats

Bats are main reservoirs for Lyssavirus worldwide, which is an important public health issue because it constitutes one of the big challenges in rabies control. Yet, little is known about how the virus is maintained among bats, and the epidemiological relationships remain poorly understood. The aim of the present study was to investigate the distribution of the rabies virus (RABV) in bat tissues and organs and to genetically characterize virus isolates from naturally infected non-hematophagous bats. The heminested reverse transcriptase polymerase chain reaction (hnRT-PCR) and sequencing using primers to the nucleoprotein coding gene were performed. The results showed a dissemination of the RABV in different tissues and organs, particularly in the salivary glands, tongue, lungs, kidneys, bladder, intestine and feces, suggesting other possible forms of RABV elimination and the possibility of transmission among these animals. The phylogenetic analysis confirmed that different variants of RABV are maintained by non-hematophagous bats in nature and have similar tissue distribution irrespective of bat species and phylogenetic characterization. (C) 2012 Elsevier B.V. All rights reserved.

Distribution and hydrolytic enzyme characteristics of Candida albicans strains isolated from diabetic patients and their non-diabetic consorts

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Spatio-temporal segregation and size distribution of fish assemblages as related to non-native species occurrence in the middle rio Doce Valley, MG, Brazil

Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq)