Journal articles: 'Abuse of dominance'

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Gjendemsjø, Ronny, Erling J. Hjelmeng, and Lars Sørgard. "Abuse of Collective Dominance: The Need for a New Approach." World Competition 36, Issue 3 (September 1, 2013): 355–71. http://dx.doi.org/10.54648/woco2013029.

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The purpose of this article is to discuss the application of Treaty on the Functioning of the European Union (TFEU) Article 102 to abuse of collective dominance. We demonstrate that while the concept of collective dominance has developed in line with a sound economic approach focusing on coordinated effects, no genuine concept of abuse in such situations has been established. Instead, the concept of abuse has been closely linked to the abuse concept in single dominance cases. We argue that there is a need to adapt the concept of abuse to the particular challenges posed by collective dominance and that Article 102 TFEU should primarily focus on conduct having as its object or effect the strengthening of the collective dominant position by reinforcing the oligopolistic interdependence and the tightening of the oligopoly. In this respect, Article 102 represents an as yet underdeveloped tool.

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Friend, Mark. "LOYALTY REBATES AND ABUSE OF DOMINANCE." Cambridge Law Journal 77, no. 1 (March 2018): 25–28. http://dx.doi.org/10.1017/s0008197318000193.

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THE recent judgment of the Court of Justice in Intel v Commission (Case C-413/14 P, EU:C:2017:632) deserves a cautious welcome for signalling a move to a more economics-based approach to the assessment of loyalty rebates under Article 102 TFEU, and for modulating the rigid legal presumptions that have characterised nearly four decades of case law. Yet it also represents a missed opportunity to provide a comprehensive analytical framework for one of the more unsatisfactory areas of EU competition law.

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Jianqin, Lei. "Legal Regulation on Abuse of Dominant Market Position in China’s Internet Field." Studies in Social Science Research 3, no. 4 (November 17, 2022): p152. http://dx.doi.org/10.22158/sssr.v3n4p152.

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The legal regulation of abuse of market dominance in the Internet field needs to comprehensively consider the characteristics of subject specificity, subjective malice, illegal behavior, and harmful consequences. The abuse of market dominance in the Internet field differs from other industries in behavior, mainly including monopoly prices, predatory pricing, restricted transactions, tying or attaching unreasonable trading conditions, differential treatment, etc. This paper analyzes the main abuse of market dominance in the Internet field through cases, and studies its relevant legal regulations and preventive measures.

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Dimitrova, Emilia. "Anti-Competitive Effect in the Context of Economic Competition Concepts." Yearbook of the Law Department 8, no. 9 (December 30, 2019): 290–317. http://dx.doi.org/10.33919/yldnbu.19.9.12.

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The anti-competitive effect is the hallmark of market dominance abuse. Neither the European Union Competition Law nor the Bulgarian Competition Law contains a legal definition of this term. It is linked to the term “competition“. The concept of competition is borrowed from economics. The interrelationship between market dominance and market dominance abuse outlines the subject-matter of this article. The present research examines the essence of the anticompetitive effect in the context of those economic concepts of competition that underlie the doctrines of market dominance.

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Fjell, Kenneth, and Lars SØrgard. "How to Test for Abuse of Dominance?" European Competition Journal 2, sup1 (July 2006): 69–83. http://dx.doi.org/10.5235/ecj.v2n1s.69.

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Oliveira, Gustavo de Paula e. "Abuse of dominance in the airport sector." Journal of Transport Literature 7, no. 1 (January 2013): 8–51. http://dx.doi.org/10.1590/s2238-10312013000100002.

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This paper investigates the efficacy of the Competition Law in dealing the abuse of dominance in the European airport sector. Starting with discussion of whether airports are natural monopolies or may face real competition, it is followed by an analysis of special features about the sector and a comparison between the policies of the European Union Member States. It is found that above the variety of regulatory frameworks, scarce capacity issues and public subsidies, the EU Competition Law stands as a universal mechanism to protect customers from the abuse of the airports' dominant position. However, in reviewing the case law it concludes that EU Competition Law has been rarely enforced in the sector, which seems to be the result not only of the lack of incentives for airports to explore their dominant position but also of the risk of reducing the revenues generated from their commercial activities. Another possible reason is related to the fact that some airlines have shown that airport switching can be a credible threat. Finally, it follows the agreement that competition is a "first best" policy which provides the firms with the strongest incentives to give consumers what they need in terms of price and quality. In the airport sector, it can be a good instrument against a regulator that has been acting in the interests of the national airline or even be part of a liberalization process.

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Tolman, Richard M. "The Validation of the Psychological Maltreatment of Women Inventory." Violence and Victims 14, no. 1 (January 1999): 25–37. http://dx.doi.org/10.1891/0886-6708.14.1.25.

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To evaluate the validity of the Psychological Maltreatment of Women Inventory (PMWI), 100 women were interviewed. Both PMWI subscales (dominance/isolation and emotional/verbal) successfully discriminated among three groups: physically abused women (BW) scored significantly higher than both relationship distressed/nonabused (RD) and relationship satisfied/nonabused women (RS). Both subscales of the PMWI were highly correlated with the nonphysical abuse subscale of the Index of Spouse Abuse (ISA). A 14-item short version of the PMWI also successfully discriminated between the BW and RD groups. When the battered women were divided into service seeking (SB) and nonservice seeking battered women (CB), a more complex picture emerged. The SB group scored significantly higher than the RD and RS group on all PMWI long and short subscales. However, the CB group differed from the RD group only on the short dominance/isolation subscale.

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Heimler, Alberto. "Abuse of Dominance: How Far are the EU and the US?" Journal of Public Finance and Public Choice 25, no. 1 (April 1, 2007): 31–52. http://dx.doi.org/10.1332/251569207x15664516463925.

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Abstract In recent years economic analysis has become more and more important in antitrust enforcement in Europe. First in merger control, then in vertical agreements the case by case approach based on a substantive appreciation of the restrictions of competition is becoming more and more prevalent. On abuse of dominance the difference between the US and the EU is still relevant. However, especially after the December 2005 publication by the European Commission of the Discussion paper on the application of Article 82 of the Treaty to exclusionary abuses the gap has been reduced, at least in terms of the general approach to abuse cases. In practice, even though the role of economic analysis is much more refined and relevant than in the past, the European Commission continues to be more interventionist than US antitrust enforcers. This outcome depends very much on the widespread use of presumptions and truncated analysis on both sides of die Atlantic. A number of examples are provided on predation, discounts, refusal to deal, tying and bundling.

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Kwok, Kelvin Hiu Fai. "Abuse of Dominance in the Hong Kong Television Sector." World Competition 45, Issue 4 (December 1, 2022): 445–72. http://dx.doi.org/10.54648/woco2022020.

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This article critically evaluates legal developments in relation to the regulation of abuse of dominance in the Hong Kong television sector, focusing on the milestone case of Television Broadcasts Ltd (TVB). The TVB case was decided under the previous sectoral competition regime under the Broadcasting Ordinance (BO) and has since 2015 been replaced by the crosssector Competition Ordinance (CO). Nevertheless, the decisions of the Communications Authority (CA) and the Court of First Instance (CFI) in 2013 and 2016 respectively provided important insights on the application of the small but significant and non-transitory decrease in quality (SSNDQ) test in two-sided markets and the ‘purpose/object’ and ‘effect’ tests to exclusivity practices, and more generally, the analysis of abuse of buyer power in a labour market setting. Hong Kong competition authorities are likely to be confronted with similar issues as they gradually expand their enforcement activities into digital markets and abuse of market power scenarios beyond the broadcasting sector. The purpose of this article is to subject the TVB decisions, in respect of their analysis of market definition, market power, the abusive conduct, and the remedial aspect, to in-depth critique. It situates the issues in the broader context of the crosssector CO under which future cases of abuse of dominance in Hong Kong will be scrutinized. abuse of dominance, Hong Kong, television, TVB, SSNDQ, two-sided markets, exclusivity, abuse of buyer power, labour, remedy

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Weber, Franziska, and Roger Van den Bergh. "The German Facebook Saga: Abuse of Dominance or Abuse of Competition Law?" World Competition 44, Issue 1 (March 1, 2021): 29–52. http://dx.doi.org/10.54648/woco2021003.

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This article provides a critical analysis of the German Facebook case and stresses the limits of competition law. Facebook’s terms and conditions regarding the use of Off-Facebook data were qualified as an exploitative abuse at various stages of the German Facebook proceedings. However, it is far from certain that Facebook would have written its terms any different if it was operating on a competitive market. From an economic viewpoint the market failure at hand is a pervasive information asymmetry rather than market power. Therefore, it is doubtful that the correct response lies within competition law. If competition rules must be rewritten in order to cope with market failures in digital markets, there is a serious risk that the abuse found is not an abuse of market power but an abuse of the market power provisions in competition law. Alternative routes that can be found in consumer contract, unfair competition or data protection laws might be viable options. The latter rules can be applied without a complicated finding of causality between market dominance and the use of ‘unfair’ contract terms. Admittedly, also the information paradigm can be called into question but amending rules of contract law avoids Herculean interpretations of competition law that go against a broadly supported ‘more economic approach’. Abusing competition law or enhancing contract law to improve the efficiency of digital markets, that is the question. Facebook case, goals of competition law, market failures, data law, information disclosure, consent, signing-without-reading problem, abuse of dominance, unfair contract terms, unfair commercial practice

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Köhler, Alexandre. "Online Advertising and the Competition for Data: What Abuse are We Looking For?" World Competition 44, Issue 2 (June 1, 2021): 199–226. http://dx.doi.org/10.54648/woco2021012.

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Competition law has to adapt to the challenges of the digital era, not by changing its objectives but by changing its analytical tools. At a time where the Commission contemplates going back to using exploitative abuses under Article 102 (a) TFEU, an enquiry into the use of these quite unexplored abuses for prohibiting excessive data gathering seems necessary. Considering that online advertising is the financial lungs of the zero-price economy in which platforms operate, we will address the competitive problems of third-party data processing from the standpoint of online advertising. Thus, we will analyse the functioning of advertising markets, how they interact with the consumer-facing markets as regards data extraction and what competitive problems may arise out of this interaction. The framework being set, we will give a detailed analysis of the Facebook decision from the German Competition Authority (GCA) by which it sanctioned Facebook for abuse of dominant position for its extensive data collection policy. Considering the successes and pitfalls of this attempt, we will suggest an analytical framework for approaching third-party data gathering under European competition law and Article 102 (a) TFEU in particular, taking into account exclusionary effects on the advertising side of platforms. advertising market, Facebook case, abuse of dominance (exploitative), abuse of dominance (exclusionary), third-party data gathering, unfair trading conditions, GDPR, causal link, theory of harm, DMA

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Langer, Rosanna. "Male Domestic Abuse: The Continuing Contrast Between Women's Experiences and Juridical Responses." Canadian journal of law and society 10, no. 1 (1995): 65–89. http://dx.doi.org/10.1017/s0829320100003963.

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AbstractWomen's perceptions of abuse differ deeply from official characterizations of them and are largely absent from legal discourse on male domestic abuse despite two decades of reform initiatives. This article traces the enforcement of male domestic dominance and violence through the failures of the criminal justice system to incorporate women's perspectives in systemic responses to male spouse batterers. I argue that it is factors such as official labelling of abuse by the juridical system, including police, which determine whether abuse is ‘officially’ recognized as such and whether the male violent family is stabilized by policies, practices, and non-intervention. This interaction between definitions and institutional responses makes it crucial to understand how women define their own experiences of abuse. The article concludes that male domestic abuse remains a contested area of juridical understandings and practices. Insofar as the ‘official’ definition of her situation impacts on the abused woman's self-perception, and on her access to resources she might use to get out of danger, it determines the organization of ‘domestic abuse’ as well.

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13

Blaschke-Broad, Morgan. "International Abuses, EU Solutions: Using EU Structures to Address the Challenges of International Antitrust." Legal Issues of Economic Integration 49, Issue 1 (January 1, 2022): 71–100. http://dx.doi.org/10.54648/leie2022004.

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Modern markets are increasingly international, online and unrestricted by geographic borders and territoriality. Competition regulation remains decidedly domestic in nature, restrained by principles of jurisdiction and state sovereignty in a way that multinational business is not. With the rise of online markets and transnational trade, legislators and regulators are increasingly expected to grapple with abuses of dominance which span multiple jurisdictions. However, traditional approaches to state sovereignty and prescriptive jurisdiction present fundamental challenges to the effective implementation of competition policy in these modern markets. In particular, abuses of dominance by international or online firms have the potential to profoundly impact national economies. Yet unlike other competition ills, such as cartels, abuse of dominance is not the subject of widespread international regulatory cooperation or legislative uniformity. Against this background, substantive convergence emerges as a potential solution to jurisdictional clash but, as this article explores, it faces legal, sociopolitical, and practical obstacles that make its success not only unlikely, but not necessarily desirable. While recognising the unique political context of the EU legal system, in particular the role of market integration and its place at the core of policy decisions, this article explores what practical guidance may be found in the EU competition law framework. It explores EU horizontal, administrative measures which could be repurposed in order to bring further predictability and clarity to international jurisdictional issues. It concludes by proposing that EU approaches to case allocation, horizontal best practice standards and peer review may be meaningfully adapted by the international competition law community, in order to alleviate jurisdictional issues in competition regulation. jurisdiction, antitrust, EU, regulation, international, competition, convergence, cooperation, multinational markets, EU, abuse of dominance

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Massey, Patrick. "A League of Their Own: Landmark Supreme Court Judgment Clears Irish League of Credit Unions of Abuse of Dominance." World Competition 31, Issue 2 (June 1, 2008): 259–77. http://dx.doi.org/10.54648/woco2008020.

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In a unanimous judgment handed down on 8 May 2007, Ireland’s Supreme Court upheld an appeal by the Irish League of Credit Unions (ILCU) against a High Court judgment that ILCU had abused a dominant position. The Irish Competition Authority had alleged that ILCU had abused its dominant position in the market for savings protection services (SPS) by limiting access to SPS services to its own members. The Authority claimed that this amounted to tying as credit unions wishing to obtain SPS services were required to also purchase credit union representation services from ILCU and that such tying amounted to an abuse of dominance by ILCU. This was the first abuse of dominance case brought by the Competition Authority to go to a full hearing, the first to be appealed to the Supreme Court and the first Irish case under EC Regulation 1/2003. The judgment clarified a number of important issues. The case raised a number of economic issues, which are of interest in the context of the debate on the need for a more economics based approach to Article 82. It has led to some significant innovations in the hearing of competition cases by the Irish courts.

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A. Antoniou, A. "Cyprus ∙ Abuse of Dominance Enforcement on the Rise." European Competition and Regulatory Law Review 4, no. 1 (2020): 23–26. http://dx.doi.org/10.21552/core/2020/1/6.

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Iacobucci, Edward M., and Ralph A. Winter. "ABUSE OF JOINT DOMINANCE IN CANADIAN COMPETITION POLICY." University of Toronto Law Journal 60, no. 2 (April 2010): 219–37. http://dx.doi.org/10.3138/utlj.60.2.219.

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Rey, Patrick, and David Salant. "Abuse of dominance and licensing of intellectual property." International Journal of Industrial Organization 30, no. 6 (November 2012): 518–27. http://dx.doi.org/10.1016/j.ijindorg.2012.05.003.

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18

Simonsson, Ingeborg. "Legal challenges arising from abuse of dominance cases." ERA Forum 16, no. 1 (March 11, 2015): 39–47. http://dx.doi.org/10.1007/s12027-015-0376-1.

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Ashiq, Uzma, Sara Subhan, and Sayyeda Taskeen Zahra. "PSYCHOLOGICAL ABUSE & NEGLECT IN PAKISTAN: INTERPRETIVE PHENOMENOLOGICAL ANALYSIS IN ADOLESCENTS." Pakistan Journal of Social Research 04, no. 03 (September 30, 2022): 481–88. http://dx.doi.org/10.52567/pjsr.v4i03.738.

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In recent years Pakistan amassed several reported cases related to child abuse and neglect. Abuse and Neglect are universal phenomena its roots are lying in historical perceptions where children were considered an object of mistreatment for customs and considered possessions by caregivers and other stakeholders. Abuse and neglect against adolescents exist in every culture and its forms are shaping and emerging based on the practices and systems of the culture. The purpose of the current study was to explore the form of abuse & neglect existing in culture among adolescents. To examine the forms of abuse and neglect that exists in Pakistani culture and to summate the experiences of the adolescent’s Interpretive phenomenological analysis was used to interpret and conceptualize themes. This study explored adolescents experiencing sexual abuse: sexual exploitation, blackmailing, Incest perpetrators, and physical abuse: Harsh discipline practices, dominance & control, and harmful traditional practices prevailing in Pakistani culture. Further to address the issue it is a spirited requisite to improve the management of the abused and neglected victims and a dire need to prevent long-term mental health consequences along with addressing to strengthen positive parenting practices, referral systems, and child protection policies in Pakistan. Keywords: Neglect, Sexual Abuse, Physical Abuse, Adolescents, Mental Health.

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Bashlakov-Nikolaev, I. V. "Collective and Multi-Subject Dominance in the Market: Problems of Legislation and Law Enforcement." Russian Journal of Legal Studies 5, no. 3 (September 15, 2018): 134–45. http://dx.doi.org/10.17816/rjls18394.

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The article explores the concept of collective dominance, discusses the theory and practice of recognizing collective dominant position in the commodity market and abuse of collective dominant position in the commodity market, as well as the differences between collective dominance and agreements, coordinated actions restricting competition. The analysis of the doctrinal understanding of collective domination is carried out, the most significant judicial positions on issues of abuse of collective dominant position are summarized and studied. Conclusions and theoretical statements that can be used to improve legal regulation are formulated.

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Murphy, Christopher M., and Sharon A. Hoover. "Measuring Emotional Abuse in Dating Relationships as a Multifactorial Construct." Violence and Victims 14, no. 1 (January 1999): 39–53. http://dx.doi.org/10.1891/0886-6708.14.1.39.

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Initial investigations of a multifactorial approach to the measurement of emotional abuse in dating relationships are presented. A set of 54 items was generated to assess 4 rationally derived subscales measuring Restrictive Engulfment, Hostile Withdrawal, Denigration, and Dominance / Intimidation. An exploratory factor analysis on reports of partner behavior by 157 female undergraduate students in dating relationships provided support for the hypothesized subscales. Denigration and Dominance/Intimidation had consistently higher correlations with physical aggression than did the other two forms of emotional abuse. Further evidence for discriminant and convergent validity was apparent in correlations with the circumplex scales of the Inventory of Interpersonal Problems, and with self-reported attachment variables. The results support the assessment of emotional abuse in dating relationships as a multifactorial construct.

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Pittman, Russell. "Abuse-of-Dominance Provisions of Central and Eastern European Competition Laws: Have Fears of Over-Enforcement Been Borne Out?" World Competition 27, Issue 2 (June 1, 2004): 245–57. http://dx.doi.org/10.54648/woco2004015.

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Fifteen years ago, when economic reformers were writing and enacting competition laws in the transition economies of Central and Eastern Europe, some critics warned that such laws, or too stringent enforcement of such laws, carried the danger of discouraging competitive behaviour and the development of markets. An examination of the enforcement experience with the abuse-of-dominance provisions of the laws of eleven countries over two separate time periods suggests that the feared evils have not materialized. Two patterns stand out in this enforcement experience: first, the number of findings of abuse of dominance has been very small in countries other than Poland, and second, a large and growing proportion of these findings of abuse have been in sectors that would in developed market economies be subject to economic regulation.

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Roberts, Simon. "Administrability and Business Certainty in Abuse of Dominance Enforcement: An Economists Review of the South African Record." World Competition 35, Issue 2 (June 1, 2012): 273–300. http://dx.doi.org/10.54648/woco2012019.

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The article examines the record of abuse of dominance cases in South Africa, after more than a decade of the new competition regime, and in light of international debates in this area. The South African Competition Act identified separate specifically proscribed exclusionary abuses of dominance in 8(d) which on the face of it increases business certainty. However, in practice the interpretation of the provisions have been highly contested as it matters how conduct is characterized, separately from whether the conduct has a substantial anti-competitive effect. Moreover, the South African experience raises the question of whether conduct by a dominant firm which has different dimensions can be readily pigeon-holed in the way anticipated by the legislation. This article critically reflects on the record, against local expectations and the international debates.

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Fox, Eleanor M. "Monopolization and Abuse of Dominance: Why Europe is Different." Antitrust Bulletin 59, no. 1 (March 2014): 129–52. http://dx.doi.org/10.1177/0003603x1405900106.

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Shastitko, Andrey E., Karina A. Ionkina, and Natalia S. Pavlova. "Individual Abuse of Collective Dominance in Cellular Communications: Problems of Identification." Journal of Modern Competition 15, no. 3 (August 13, 2021): 50–70. http://dx.doi.org/10.37791/2687-0657-2021-15-3-50-70.

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Recently, discussions about the validity of the Russian practice of establishing the facts of individual abuse of collective dominance have been escalating: many experts point to a contradiction between the meaning of collective dominance, in which a small number of companies have a joint dominant position, in connection with each other, and the possibility of an individual company to abuse this position. The purpose of the article is to assess the correctness of this approach in the context of recent antitrust cases in the cellular communications market – in particular, two cases against the mobile operator “Tele2”. In the article, the applied practice is assessed in relation to the currently known results in the field of economic theory, as well as international best practices in the application of the concept of collective dominance. The findings indicate that the conclusion of the FAS Russia on the presence of the dominant position of Tele2 as part of collective dominance and the possibility of the company to exercise its market power does not correspond to either foreign practice or industrial organization theory. The source of error in the qualification of behavior is largely due to the focus of the antimonopoly authority on quantitative criteria of collective dominance to the detriment of the analysis of qualitative criteria and behavior. This case illustrates a typical tendency for such cases not to investigate the behavior of other collectively dominant market participants in relation to the behavior of the company accused of individual abuse, as well as not to investigate consumer behavior, and, in particular, their real possibilities to switch and switching actions. The article was written on the basis of the RANEPA state assignment research programme.

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Petit, Nicolas. "Re-Pricing through Disruption in Oligopolies with Tacit Collusion: A Framework for Abuse of Collective Dominance." World Competition 39, Issue 1 (March 1, 2016): 119–38. http://dx.doi.org/10.54648/woco2016007.

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This article proposes an understanding of abuse of collective dominance or shared monopolization that does not outlaw oligopolistic tacit collusion as such, but that reputes abusive a set of tactics adopted by tacitly colluding oligopolists exposed to disruption. As much as deviation is an internal force likely to undermine tacit collusion, disruption is a powerful external force that can cause a return to the competitive equilibrium. The sources of disruption may be technological (e.g., radical innovation), economic (e.g., entry of a low-cost player) or legal (e.g., tax reform). But disruption may never deliver its pro-competitive promises if oligopolists tinker to restore a collusive equilibrium. This article suggests that competition agencies and courts could use the dormant doctrine of abuse of collective dominance to declare unlawful oligopolists’ conduct that seeks to ‘re-price’ through disruption, and elude its pro-competitive effect. This rationalized definition of abuse of collective dominance would both promote legal certainty by clarifying the messy state of the law in this field, and ensure economic efficiency by giving agencies and courts a market-triggered ex post remedy in mature oligopolies with lethargic M&A activity.

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Vecchi, Teresa. "Unilateral Conduct in an Oligopoly according to the Discussion Paper on Art. 82: Conscious Parallelism or Abuse of Collective Dominance?" World Competition 31, Issue 3 (September 1, 2008): 385–400. http://dx.doi.org/10.54648/woco2008032.

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Oligopolies are characterised by the presence of few strong players and a high level of transparency that allow undertakings to monitor each other’s conduct and to unilaterally adapt their behaviour to that of the other undertakings. The unilateral conduct of oligopolists may have anticompetitive effects. Since EC Courts have concluded that the peculiar interdependence between oligopolists can lead to a position of collective dominance, it is important to determine whether such unilateral conducts is a legitimate reaction to the other members’ behaviours, or to the exploitations of a collective market power, which would represent an abuse prohibited under Article 82. In the absence of clear guidance from the Discussion Paper on Article 82, distinguishing features of abuses of collective dominant positions can be derived from the principles previously elaborated by the Courts for complex agreements under Article 81 in light of the similarities between the two legal institutes. If applied by analogy, these principles lead to the conclusion that unilateral conduct should be considered as an abuse of collective dominance only when it is the manifestation of a collective dominant position, when the other members of the oligopoly are aware of them and, most importantly, when they benefit from them.

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Lasley, Chandra Y., and Jared Durtschi. "The Roles of Dominance, Jealousy, and Violent Socialization in Chinese Dating Abuse." Journal of Interpersonal Violence 32, no. 8 (September 29, 2016): 1209–34. http://dx.doi.org/10.1177/0886260515588525.

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Attitude toward women and relationship violence in Chinese societies has been shaped by a history of Confucian patriarchy. Studies suggest that this patriarchal orientation continues to influence modern-day dating behaviors and rates of relationship violence. This study examined through the lens of the intergenerational transmission of violence theory the effects of dominance and jealousy on the likelihood of physical assault and how violent socialization moderates these effects. A maximum likelihood path analysis with robust standard errors was conducted for a total of 915 individuals from Beijing, Shanghai, and Taiwan who participated in the International Dating Violence Study from 2001 to 2006. Results revealed that dominance and violent socialization were significantly associated with assault victimization and perpetration. Violent socialization also significantly amplified the associations between dominance and both minor and severe assault victimization. Jealousy, however, was only associated with severe assault perpetration. Clinical implications and further research directions are discussed.

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Jan Louis Van Tonder. "Predatory Pricing: Single-Firm Dominance Exclusionary Abuse and Predatory Prices (Part 1)." Obiter 41, no. 4 (March 24, 2021): 831–49. http://dx.doi.org/10.17159/obiter.v41i4.10490.

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Important pronouncements of legal principle were recently made by the Competition Appeal Court and Constitutional Court on the determination of predatory pricing under section 8 of the Competition Act 89 of 1998. These pronouncements must now be seen in the context of the subsequent commencement of certain provisions of the Competition Amendment Act 18 of 2018, which affect predatory pricing cases under section 8 of the Act. In light of these developments, the main aim of this series of three articles is to evaluate the law relating to the economic concept of predatory pricing under the Competition Act. In this context, the main constituent elements of a predatory pricing case – namely, dominance, identifying an exclusionary abuse and predatory prices – are discussed in three parts. Part One critically evaluates the law on the determination of single-firm dominance under section 7 of the Competition Act. Part Two starts to focus on abuse analysis and discusses the basic forms of abuse, the meaning of abuse, tests that have been developed to identify exclusionary abuse, criticism of the traditional theory of predatory pricing, the main strategic economic theories of predatory pricing and non-pricing theories of predation. Part Three then specifically deals with the law of predatory prices under section 8(c) and 8(d)(iv) of the Competition Act. Pursuant to section 1(3) of the Competition Act, appropriate foreign and international law may be considered when interpreting or applying the Competition Act. This is complementary to section 1(2)(a), which directs that the Competition Act must be interpreted in a manner that is consistent with the Constitution and that gives effect to the purposes set out in section 2. In light hereof, where appropriate, the South African position is compared, mainly with the position in the European Union and the United States.

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Rato, Miguel, and Nicolas Petit. "Abuse of Dominance in Technology-Enabled Markets: Established Standards Reconsidered?" European Competition Journal 9, no. 1 (May 8, 2013): 1–65. http://dx.doi.org/10.5235/17441056.9.1.1.

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Federico, G. "SAA II: ABUSE OF DOMINANCE IN THE SOUTH AFRICAN SKIES." Journal of Competition Law and Economics 9, no. 3 (May 10, 2013): 709–37. http://dx.doi.org/10.1093/joclec/nht010.

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Lawrance, S. "Attheraces v British Horseracing Board: What price abuse of dominance?" Journal of Intellectual Property Law & Practice 2, no. 9 (September 1, 2007): 609–12. http://dx.doi.org/10.1093/jiplp/jpm132.

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ten Have, Floris, and Stijn de Jong. "Orange Polska v Commission: Abuse of Dominance, Fines & Effects." Journal of European Competition Law & Practice 9, no. 10 (December 1, 2018): 645–47. http://dx.doi.org/10.1093/jeclap/lpy076.

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Hu, Lingyan, and Yan Liu. "Abuse for status: A social dominance perspective of abusive supervision." Human Resource Management Review 27, no. 2 (June 2017): 328–37. http://dx.doi.org/10.1016/j.hrmr.2016.06.002.

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Sulimenko, A. D. "Concerted actions and collective dominance: is there a difference?" Courier of Kutafin Moscow State Law University (MSAL)), no. 7 (September 23, 2022): 132–38. http://dx.doi.org/10.17803/2311-5998.2022.95.7.132-138.

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This article addresses the issue of correlation between antitrust law rules, establishing prohibition of concerted actions and abuse of collective dominance. By considering the regulatory and enforcement aspects of the issue, the author concludes that the analyzed norms’ spheres of regulation overlap. The author proposes measures capable of creating a clearer distinction between the two legalconcepts in question.

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Graef, Inge. "Consumer sovereignty and competition law: From personalization to diversity." Common Market Law Review 58, Issue 2 (April 1, 2021): 471–504. http://dx.doi.org/10.54648/cola2021026.

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Data-driven technologies provide businesses with ever stronger abilities to engage in behavioural manipulation, steer consumer preferences, and exploit individual vulnerabilities. The article argues that competition law needs to give more prominence to consumer sovereignty and consumers’ freedom of choice in response to the rise in personalized forms of consumer exploitation by dominant firms, whose harm goes beyond the scope of the remedies offered by data protection and consumer law. Analysing the scope to establish exploitative abuses under Article 102 TFEU, the article discusses how personalization challenges current competition concepts, and submits that competition analysis needs to be adapted at the stage of assessing abuse to address competitive harm from personalization. The article proposes recognizing “personalized exploitation” as abuse of dominance by incorporating dynamic consumer vulnerabilities into the competition analysis and by assessing anticompetitive effects against a “personalized welfare standard” of those exploited instead of against the overall consumer welfare.

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Strong, Tom, and Sarah Knight. "Agency and dialogic tension in co-editing more preferred narratives." Narrative Inquiry 22, no. 1 (December 31, 2012): 181–85. http://dx.doi.org/10.1075/ni.22.1.13str.

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As narrative therapists and researchers we are interested in how conversations invite co-authoring and co-editing possibilities to develop self-narratives preferred by our partners in dialogue. ‘Problem saturated stories’ acquire their dominance and self-defining plausibility through unquestioned personal and cultural conversations. Questions and responsive dialogues, however, can invite consideration and elaboration of previously implausible plotlines and discourses pertaining to self-narratives. Accordingly, we report on processes and outcomes from research conversations with volunteers who self-identified as having been sexually abused, and who joined Sarah in co-authoring and co-editing ‘small stories’ of healthy intimacy after the abuse.

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Réger, Ákos, and András M. Horváth. "Abuse of Dominance in the Case-law of the Hungarian Competition Authority – a Historical Overview." Yearbook of Antitrust and Regulatory Studies 12, no. 21 (2020): 99–128. http://dx.doi.org/10.7172/1689-9024.yars.2020.13.21.4.

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This paper provides a historical overview of the case-law and practices applied by the Hungarian Competition Authority (HCA) in abuse of dominance cases. The paper is co-written by practitioners of complementing antitrust fields, which ensures that both legal and economic considerations are explored. The paper identifies the unique characteristics of Hungarian legislation and case-law and critically evaluates them in light of EU competition law and economics principles. We analyse (i) the reasons for the high number of exploitative cases before 2010, (ii) the general principles applied by the HCA in exclusionary cases, (iii) the cost allocation assessments in dominance cases, and (iv) the issue of significant market power of retailers. The general starting point is that, judging by the number of dominance investigations, there is less antitrust enforcement by the HCA in recent years. However, the article concludes that less enforcement does not mean weaker enforcement. In fact, the quality of dominance cases, considering both legal and economic aspects, has increased over time. This tendency has also led to higher legal certainty in Hungary, which is beneficial for market players. Stronger criticism is only formulated against the concept of significant market power of retailers.

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Agegnew, Getachew Roba. "Dating Related Abuse on Girl Students, The Case of Bonga University." International Journal of Social Science Research and Review 4, no. 2 (August 30, 2021): 13–24. http://dx.doi.org/10.47814/ijssrr.v4i2.86.

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The objective of the study is examining dating related abuse on girl students in Bonga University. A mixed research method was used for the data collection and analysis of this study in a sample of 166 regular undergraduate female students. Systematic random and purposive sampling methods were used for data gathering. This research’s result shows that there is a prevalence of dating related abuse with the dominance of emotional abuse. Cultural influence and considering abuse as a sign of love are the major contributing factors and self-esteem is negatively correlated with the three abuse types. Therefore, the researcher concludes; dating abuse can be both a cause and a consequence for low self-esteem and considering abuse as a sign of love which is influenced by society’s culture, has contributed most to its prevalence. Finally, the researcher recommends that attitudes and norms related to gender inequality needs to be challenged and heavy measures should be taken on those who break the law in order to deter others.

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Godfrey, Donald A., Caitlin M. Kehoe, Victoria E. Bennett, Adriana Bastardas-Albero, and Julia C. Babcock. "Validating measures of emotional abuse with behavioral observations during interpersonal conflict." Journal of Social and Personal Relationships 38, no. 1 (September 4, 2020): 3–18. http://dx.doi.org/10.1177/0265407520951854.

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Emotional abuse is a form of intimate partner violence that can have detrimental effects on both individual well-being and relationship outcomes. However, differences in definitions and forms of emotional and psychological abuse have led to difficulties in its measurement. The Multi-Dimensional Measure of Emotional Abuse (MMEA) is an emotional abuse index that differentiates several different forms of psychological abuse. The current study sought to validate subscales of the MMEA by examining their relation to emotionally abusive behavior observed during interpersonal conflict. Additionally, the Conflict Tactics Scale Psychological Aggression scale and its severity subscales (CTS-PA) were compared to the MMEA. Heterosexual couples ( N = 167) participated in a conflict discussion task. Conflict discussions were coded for belligerence, contempt, domineering, and stonewalling behavior. Women completed the MMEA and CTS-PA questionnaire about their own and their partners’ emotional abuse perpetration. Results indicated that the total MMEA score for men and women was associated with belligerence, whereas the CTS-PA total score was associated with women’s contempt. The restricted engulfment subscale was associated with men’s dominance and contempt, and woman’s belligerence. The minor CTS-PA scale was associated with men and women’s contempt, and women’s stonewalling. The severe CTS-PA scale was only associated with women’s contempt. Additionally, we found significant associations between men’s stonewalling and contempt and their partner’s MMEA and CTS-PA subscales. For women, stonewalling was associated with their partner’s restricted engulfment. Men’s hostile withdrawal scale was also associated with their partner’s dominance during the conflict. Our results suggest that the MMEA multi-dimensional subscales appear to capture a wider range specific abusive behaviors compared to the CTS-PA’s severity constructs.

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Kjølbye, Lars, Christos Malamataris, and John Wileur. "Main developments in Abuse of Dominance enforcement (September 2014 - October 2015)." Competition Law & Policy Debate 1, no. 4 (November 2015): 4–13. http://dx.doi.org/10.4337/clpd.2015.04.01.

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Kjølbye, Lars, Christos Malamataris, and John Wileur. "Main developments in abuse of dominance enforcement (November 2015 - October 2016)." Competition Law & Policy Debate 2, no. 4 (December 2016): 7–15. http://dx.doi.org/10.4337/clpd.2016.04.02.

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Faella, Gianluca, and Pietro Merlino. "Strategic Underinvestment as an Abuse of Dominance under EU Competition Rules." World Competition 36, Issue 4 (December 1, 2013): 513–39. http://dx.doi.org/10.54648/woco2013040.

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The latest frontier of the essential facility doctrine under EU competition law is the use of antitrust rules to impose on dominant firms a duty to invest in infrastructure development. While a genuine lack of capacity has traditionally been considered an objective justification for a refusal to grant access to an essential facility, the decisions issued by the Italian Competition Authority in Eni/TTPC and by the Commission in GDF Suez and Eni have questioned the dominant firms' freedom to decide whether, to what extent and under what conditions to invest in infrastructure development. In all the above-mentioned cases, the antitrust authorities were ultimately concerned with the dominant firms' alleged failure to make adequate investments in infrastructure development, as a consequence of the conflict of interest inherent in vertical integration. However, the objections raised by the Italian Competition Authority and by the Commission rest on profoundly different - and, to a certain extent, contradictory - grounds. Whereas the Eni-TTPC decision appears to have been heavily influenced by an extremely complex and peculiar set of facts, the GDF Suez and Eni decisions were based on the essential facility doctrine. The broad and flexible interpretation of this doctrine set forth by the Commission seems to have further lowered the threshold above which antitrust authorities may find abusive a refusal to grant access to an important facility. Furthermore, the Commission introduced a notion of strategic underinvestment based on the independent facility operator test, which seems extremely discretionary and difficult to apply.

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Duso, Tomaso, Florian Szücs, and Veit Böckers. "Abuse of dominance and antitrust enforcement in the German electricity market." Energy Economics 92 (October 2020): 104936. http://dx.doi.org/10.1016/j.eneco.2020.104936.

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Jones, Shallimar, William S. Davidson, G. Anne Bogat, Alytia Levendosky, and Alexander von Eye. "Validation of the Subtle and Overt Psychological Abuse Scale: An Examination of Construct Validity." Violence and Victims 20, no. 4 (August 2005): 407–16. http://dx.doi.org/10.1891/0886-6708.20.4.407.

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The Subtle and Overt Scale of Psychological Abuse (Marshall, 1999a) is a measure designed to examine previously unevaluated forms of psychological abuse. The scale was originally divided into seven subscales (overt: dominance, indifference, monitoring and discrediting; subtle: undermining, discounting, isolating). A sample of 172 women was used to evaluate the construct validity of this measure. In other words, the internal structure of the measure, its relation to other measures of physical and psychological abuse, and its relationship to other psychological outcomes. Empirical and theoretical approaches were used to replicate and examine the dimensions of this scale. Results revealed that this scale represents a unidimensional construct that is highly correlated to other measures of psychological abuse. Implications for future research and practice are discussed.

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Rani, Nabella Puspa. "Penegakan Hukum terhadap Kekerasan pada Anak Menurut Hukum Adat Siak Sri Indrapura." Melayunesia Law 2, no. 1 (July 10, 2018): 11. http://dx.doi.org/10.30652/ml.v2i1.5419.

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The purpose of this paper is to determine law enforcement against child abuse according to the customary law of Siak Sri Indrapura. Bab Al-Qawa'id is written laws used to regulate in the area of the Siak Sri Indrapura Kingdom. Article eight in Bab Al-Qawa’id specifically regulate the prohibition of child abuse. Factors of law enforcement against child abuse in Siak Sri Indrapura can be seen from factors of legal, law enforcer, facilities or support facilities, community and culture. Another factor is the political factor of customary law in Siak Sri Indrapura that customary law does not become the main reference in the resolution of the law against child abuse, due to the dominance of national law for customary law.

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Shastitko, A. E., and K. A. Ionkina. "Chimera of domestic antitrust: Institute of collective dominance in Russia." Voprosy Ekonomiki, no. 7 (July 12, 2021): 68–88. http://dx.doi.org/10.32609/0042-8736-2021-7-68-88.

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The paper defines the features of the collective dominance institute in Russia as well as the relation between collective dominance and oligopoly in the spheres of law and economic theory. The article evaluates the grounds and consequences of the collective dominance legal norm application; it suggests an approach to examining the relation between effects and expected results of this legal norm application and outlines the potential ways to harmonize the best international practices of the collective dominance norm application with the existing economic standards of product market analysis for the purpose of competition law enforcement. Results of the oligopoly theory and the Russian version of collective dominance institution key elements comparison show: the collective dominance institution concept is inadequately applied to identify individual abuse of dominant position due to possible law enforcement errors. The Russian version of collective dominance institution reflects one fundamental tendency intrinsic to Russian antitrust: examined more closely, law enforcement, which is de jure aimed at protecting competition, appears to be economic regulation, which de facto can lead to competition restriction. One of the possible structural alternatives for the collective dominance institution reforming is based on presumption of the need to analyze the joint impact exerted by a group of undertakings on the market.

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Low, Pek Yee, and Abdul Majid. "CEO dominance, family control and modified audit opinions in Hong Kong." Corporate Ownership and Control 5, no. 2 (2008): 179–87. http://dx.doi.org/10.22495/cocv5i2c1p3.

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This study using Hong Kong data examines the linkages between CEO dominance (CEO and Chairman is the same individual), family ownership and control, and the likelihood that firms receive modified audit opinions. Logistic regression results using a matched pair design of 89 firm-years with modified audit opinions for 1997 to 1999 and 89 firm-years with unqualified audit opinions (control sample), show that family controlled firms are less likely to receive modified audit opinions than non-family controlled firms, and the positive association between CEO dominance and modified audit opinions is evident only for non-family controlled firms. This suggests that the abuse of power arising from CEO dominance may be mitigated by the presence of family ownership and control.

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Sloan‐Lynch, Jay. "Domestic Abuse as Terrorism." Hypatia 27, no. 4 (2012): 774–90. http://dx.doi.org/10.1111/j.1527-2001.2011.01250.x.

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A number of philosophers and feminist authors have recently equated domestic abuse with the ubiquitous and ill‐defined concept of “terrorism.” Claudia Card, for instance, argues that domestic abuse is a frequently ignored form of terrorism that creates and maintains “heterosexual male dominance and female dependence and service” (Card 2003). Alison Jaggar, in a recent article, also concludes that an acceptable definition of terrorism will find rape and domestic violence to be terrorist acts (Jaggar 2005). Yet there seem to be several obstacles to any simple appropriation of the term “terrorism” for cases of domestic abuse. In this paper I will address what I take to be three significant problems that might be raised with regard to any attempt to identify domestic abuse as an act of terrorism. These problems include the fact that a) definitions of terrorism usually require clear political motivations, b) definitions of terrorism normally require that the terrorist intend to create a climate of terror, and c) adopting the term terrorism for cases of domestic abuse might appear simply inappropriate or unhelpful. I will argue, however, that each of these possible objections can be answered effectively and that domestic abuse rightly falls under the rubric of terrorism.

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Fountoukakos, Kyriakos, Marcel Nuys, Juliana Penz, and Peter Rowland. "The German FCO's decision against Facebook: a first step towards the creation of digital house rules?" Competition Law Journal 18, no. 2 (July 2019): 55–65. http://dx.doi.org/10.4337/clj.2019.02.01.

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The 2019 decision by the German Federal Cartel Office (‘FCO’) against Facebook for its alleged abuse of a dominant position through its data collection practices is a landmark case that has received close attention beyond the German borders. It is the first case in which a European competition authority has found that terms of use that breach relevant principles under the data privacy framework can constitute abusive conduct in the form of an exploitative abuse under the competition rules. The case raises questions as to the relationship between the two legal frameworks. The FCO found that Facebook‘s terms of use and data collection practices constituted exploitative business terms directly harming Facebook users and also had detrimental effects on competition by reinforcing Facebook's market power in the social network market and advertising market. The case raises interesting questions on market definition and dominance in digital markets as well as on causality between dominance and abuse. In the bigger picture the Facebook case fits into the continuous efforts by the FCO to apply competition law in the digital sector in a dynamic manner. This article examines the FCO's reasoning in the Facebook Decision and outlines some challenges that companies in the digital sector might face in the aftermath of the decision.

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Journal articles on the topic 'Abuse of dominance'

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