Academic literature on the topic 'Freedom of competition'

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Journal articles on the topic "Freedom of competition"

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Franz Peter, LANG. "SYSTEM COMPETITION: CONCEPT, PROBLEMS AND LIMITS." Herald of Kyiv National University of Trade and Economics 137, no. 3 (June 15, 2021): 18–32. http://dx.doi.org/10.31617/visnik.knute.2021(137)02.

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Features of competition between jurisdictions (states, municipalities, regions) for mobile factors (labor, investment, human capital) in the integrated world economy are con­sidered, in which there are four freedoms (freedom of trade (mobility of goods), freedom (mobility) of services, free movement of capital) and free movement of people) are guaran­teed. The main features of international rivalry in a globalized world are analyzed. Pro­spects for the development of states in the conditions of constitutional competition in the existing integration structures are established.
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Akman, Pınar. "The role of ‘freedom’ in EU competition law." Legal Studies 34, no. 2 (June 2014): 183–213. http://dx.doi.org/10.1111/lest.12003.

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An initial reading of EU competition law jurisprudence and literature may suggest that there might be a competition-related freedom in the EU, expressed along the lines of ‘freedom of competition’ or ‘freedom to compete’. If competition is to be protected as a ‘freedom’ rather than merely as a ‘policy’, what this freedom involves should be established. It is important to establish the role of ‘freedom’, since it has been argued that EU competition law is a product of or has been significantly influenced by ‘ordoliberalism’. Under ordoliberalism, protecting the ‘economic freedom’ of market actors is the aim of competition policy. This paper examines the entire jurisprudence of the EU Courts to establish the role of ‘freedom’ in EU competition law as perceived by the EU Courts. This inquiry establishes whether ordoliberalism has so fundamentally influenced the jurisprudence that welfare-based objectives cannot be adopted as an/the objective of EU competition law. This is the first such comprehensive study regarding ‘freedom’ in EU competition law. The paper demonstrates that there is little quantitative or qualitative support for the ordoliberal argument when one considers the relevant jurisprudence. A quantitative analysis of the case-law and in particular the historical trend raises serious doubts concerning the validity of the conventional ordoliberal-influence thesis.
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Park, Young Soo, and Sanghyun Moon. "Competition Policy between Economic Freedom and Efficiency." Ordo Economics Journal 20, no. 1 (March 31, 2017): 1–26. http://dx.doi.org/10.20436/oej.20.1.001.

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TAYLOR, ROBERT S. "Market Freedom as Antipower." American Political Science Review 107, no. 3 (July 4, 2013): 593–602. http://dx.doi.org/10.1017/s0003055413000300.

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Historically, republicans were of different minds about markets: some, such as Rousseau, reviled them, while others, like Adam Smith, praised them. The recent republican resurgence has revived this issue. Classical liberals such as Gerald Gaus contend that neorepublicanism is inherently hostile to markets, while neorepublicans like Richard Dagger and Philip Pettit reject this characterization—though with less enthusiasm than one might expect. I argue here that the right republican attitude toward competitive markets is celebratory rather than acquiescent and that republicanism demands such markets for the same reason it requires the rule of law: because both are essential institutions for protecting individuals from arbitrary interference. I reveal how competition restrains—and in the limit, even eradicates—market power and thereby helps us realize “market freedom,” i.e., freedom as nondomination in the context of economic exchange. Finally, I show that such freedom necessitates “Anglo-Nordic” economic policies.
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Hawk, Barry E. "English Competition Law Before 1900." Antitrust Bulletin 63, no. 3 (July 11, 2018): 350–74. http://dx.doi.org/10.1177/0003603x18781397.

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English competition law before 1900 developed over many centuries and reflected changes in political conditions, economic theories and social values. It mirrored the historical movements in England, from the medieval ideal of fair prices and just wages to 16th and 17th century nation-state mercantilism to the 18th and 19th century Industrial Revolution and notions of laissez faire capitalism and freedom of contract. English competition law at varying times articulated three fundamental principles: monopolies were disfavored; freedom to trade was emphasized; and fair or reasonable prices were sought. The Sherman Act truly was a watershed that significantly took a different path from English law as it had evolved. In England, legal challenges to monopolization were limited to the royal creation of monopolies and were concentrated in the 17th and early 18th centuries. A prominent element of English competition law—bans on forestalling—was repealed in the first half of the 19th century. Enforcement of English law against cartels was largely emasculated by the end of the 19th century with the ascendancy of freedom of contract and laissez faire political theory.
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Sarpong-Kumankoma, Emmanuel, Joshua Abor, Anthony Q. Q. Aboagye, and Mohammed Amidu. "Freedom, competition and bank efficiency in Sub-Saharan Africa." International Journal of Law and Management 59, no. 6 (November 13, 2017): 1359–80. http://dx.doi.org/10.1108/ijlma-11-2016-0142.

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Purpose This study aims to consider the effect of financial (banking) freedom and competition on bank efficiency. Design/methodology/approach With data from 11 Sub-Saharan African countries over the period 2006-2012, the study estimates both competition (market power) and bank cost efficiency using the same stochastic frontier framework. Subsequently, Tobit models, including instrumental variable Tobit regression, are used to assess how financial freedom affects the relationship between competition and bank efficiency. Findings The results show that increase in market power (less competition) leads to greater bank cost efficiency, but the effect is weaker with higher levels of financial freedom. This is not consistent with the quiet life hypothesis. Practical implications Policymakers usually take the view that opening up banking markets to greater competition may lead to higher efficiency. However, the results have shown that allowing banks to maintain some level of market power may be necessary to ensure banking system efficiency. Originality/value This study deepens the understanding of the inconsistent relationship between competition and bank efficiency, by using the same framework to measure both competition and efficiency, and by providing new empirical evidence on how the level of financial freedom affects this relationship.
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Sarpong-Kumankoma, Emmanuel, Joshua Abor, Anthony Quame Q. Aboagye, and Mohammed Amidu. "Freedom, competition and bank profitability in Sub-Saharan Africa." Journal of Financial Regulation and Compliance 26, no. 4 (November 12, 2018): 462–81. http://dx.doi.org/10.1108/jfrc-12-2017-0107.

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Purpose This paper aims to examine the effects of financial freedom and competition on bank profitability. Design/methodology/approach The study uses system generalized method of moments and data from 139 banks across 11 Sub-Saharan African countries during the period 2006-2012. Findings The results of the study show that higher market power (less competition) is positively related to bank profitability, but operating efficiency is a more important determinant of profitability than market power. Also, both financial freedom and economic freedom show a positive impact on bank profits. The authors find evidence that banks with higher market power operating in countries with higher freedom for banking activities are more profitable than their counterparts in countries with greater restrictions on banking activities. Practical implications The results have shown that allowing banks greater freedom to operate would enhance their performance, without necessarily damaging the economy, as operating efficiency appears to be a more important reason for the observed profitability than market power. Originality/value This study provides insight on the ambiguous relationship between competition and bank profitability by considering the moderating effect of financial freedom which has not been taken into account in previous studies.
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Wisman, Jon D. "Competition, Technology, Freedom, and the Future of the Workplace." Bulletin of Science, Technology & Society 7, no. 3-4 (August 1987): 650–54. http://dx.doi.org/10.1177/027046768700700336.

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Wisman, Jon D. "Competition, Technology, Freedom, and the Future of the Workplace." Bulletin of Science, Technology & Society 7, no. 5-6 (December 1987): 650–54. http://dx.doi.org/10.1177/0270467687007005-613.

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Manic, Bozidar, Dragana Vasiljevic-Tomic, and Ana Nikovic. "Contemporary Serbian Orthodox church architecture: Architectural competitions since 1990." Spatium, no. 35 (2016): 10–21. http://dx.doi.org/10.2298/spat1635010m.

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This paper focuses on the architectural competitions for Orthodox Christian churches in Serbia since 1990, both on the analysis of the designs submitted and the competition requirements. The first competition for an Orthodox church in Serbia after World War II was announced for Pristina in 1991. After that, competitions for the temple in Cukarica, Novi Beograd, Nis, Aleksinac and Krusevac were conducted. Thanks to the fact that architectural competitions allow a greater degree of creative freedom to the architects than regular practice, various solutions were offered, from replicas of models from architectural history and tradition to fully non-traditional proposals. Depending on the relationship to tradition, architectural design approaches can be classified into three main groups: radically modernizing, conservatively traditionalist, and compromising. Of the six competitions conducted, four churches were built, which are among the most architecturally successful newer churches in Serbia. This points to the importance of the implementation of the architectural competition in this field of architecture. The diversity of the award-winning projects shows that there is awareness of the possibility for the further development of church architecture, favouring a moderate approach.
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Dissertations / Theses on the topic "Freedom of competition"

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Paschalidis, Paschalis. "The impact of freedom of establishment on private international law for corporations." Thesis, University of Oxford, 2009. http://ora.ox.ac.uk/objects/uuid:a2a154a6-22de-42b8-a745-5ddf3a8bf5a5.

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The present thesis is concerned with private international law for corporate and insolvency disputes in the context of freedom of establishment. First, it presents the traditional rules of conflict applicable to corporate disputes that have been implemented in some major jurisdictions. Second, it analyses the relevant leading judgments of the European Court of Justice and it demonstrates the way in which, contrary to popular belief, the real seat theory has not been held contrary to freedom of establishment. The thesis then deals with the concept of letter-box companies and examines the limitations that are being placed to the use of freedom of establishment. This is followed by a juxtaposition of the factors that have lead and could lead to regulatory competition for corporate law in the USA and the EU respectively. A modest approach is taken towards the possibility of the latter occurring in the EU. Third, the thesis examines the treatment of insolency disputes in this context. A substantial part of it is dedicated to the definition of the basis for international jurisdiction for the opening of insolvency proceedings, namely the centre of main interests. It argues in favour of an objective test for the identification of the centre of main interests (COMI) and the allocations of certain burdens on both the debtor and the creditors. It then focuses on the treatment of forum shopping in the context on international insolvencies. Based on considerations of consent and economic efficiency, it suggests a definition, according to which certain transfers of the COMI should not amount to forum shopping. Finally, the thesis examines the possibility of a regulatory competition for insolvencies in the EU and seeks to demonstrate that the conditions for such a competition are more analogous between US corporate law and EU insolvency, rather than company, law.
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Vodden, Angela. "A review and analysis of PPP/PFI in the context of EU and UK legislation relating to freedom of movement, competition and state aid." Thesis, University of Central Lancashire, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.515732.

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Reid, Robert Christopher Walter MacNeile. "Time and teachers : an empirical and conceptual study of the competition for the available time in the classroom practice of teachers working in the Western Cape, 1989-1990." Master's thesis, University of Cape Town, 1990. http://hdl.handle.net/11427/15997.

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Includes bibliography.
This study examines the role of time in the working lives of teachers in the Western Cape in the years 1989 and 1990. The study is based upon interviews with twelve teachers, all of whom were currently teaching or who had been teaching in the recent past. The interviews explored the attitudes and practices of the teachers regarding their timetables, free periods, extra-murals, marking practices and lesson preparation, meetings, homework practices, tests and examinations, and professionalism, in so far as these were affected by considerations of time. The study argues that conflict in schools is produced by the struggle for autonomy, particularly in the classroom practice of teachers, and that this struggle takes the form of competition for control of time. In particular, the study suggests that there are rankings of power and priorities in schools and that these can be better understood by examining the relationships between time, conflict and autonomy.
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Andersson, Daniel. "The Legality of Transfer Windows in European Football : A study in the light of Article 39 and 81 EC." Thesis, Jönköping University, JIBS, Commercial Law, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-7590.

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The transfer system was created in order to control player movement between football clubs and has existed since the late nineteenth century. During the negotiation of today’s transfer rules FIFA, UEFA and the Commission found that a breach of contract during the season could upset the balance of competition and therefore should be restricted. It was considered necessary to strengthen the contractual stability and to apply a special rule to preserve the regularity and proper functioning of competition. This was done by the means of a provision stipulating that a football player only can be registered to play with a national association during one of the two registration periods per year, generally known as the transfer windows.

Sport has never been included in the formal structures of the European Union and the regulation of sport has instead materialized through verdicts from the European Court of Justice. One of the most influential statements emerging from the Court is that sport is subject to Community law in so far it constitutes an economic activity. Consequently, if the activity is economic there is a risk that it infringes EU law. The purpose of this master thesis is to examine the FIFA transfer window system and to determine whether it violates Article 39 and/or Article 81 EC.

The transfer windows, a regulation strengthened by the ECJ in the case of Lehtonen, restrict the ability of players to seek alternative employment and could therefore be regarded as a violation of the free movement of workers. In order to trigger the Treaty provisions guarding the right of freedom of movement the person in question must be a national of a Member State of the European Union and the activity must have a territorial dimension beyond the borders of a single Member State of the European Union. The person in question must also be engaged in some kind of economic activity. It is, however, clear that football players who are members of the European Union and are applying for a job in another Member State, and are performing at a certain level, fulfil these requirements. Footballers should therefore be considered as workers within the meaning of Article 39 EC and the prohibition of discrimination contained in that article which catches non-discriminatory private collective measures, such as the transfer system, invented by regulatory bodies like FIFA and UEFA.

When considering the FIFA “windows system” it is clear that it is liable of restricting the ability of players to seek alternative employment in another Member State and should therefore be regarded as a violation of Article 39 EC. Nevertheless, restricted transfer periods have been found by the ECJ to be objectively justified as having sporting benefits in the Belgian Basketball league. It is, however, likely that the “window system”, as it operates in European football, goes beyond what is necessary to achieve team and player contract stability since it is too restrictive and somewhat redundant. Consequently, the FIFA transfer windows do not comply with the requirements of the principle of proportionality and should therefore, if challenged, be regarded as a violation of Article 39 EC.

The use of transfer windows in European football can also be considered to be an issue for competition law and in particular Article 81 EC. The article prohibits all agreements between undertakings that restrict competition and affect trade between Member States and has the objective to protect consumers, enhance their welfare and to facilitate the creation of a single European market. The ECJ has, however, acknowledged a certain type of sporting rule that, even though it restricts competition, will be granted immunity from Article 81 EC. The FIFA “windows system” should not be regarded as such a rule since it does not fulfil the required conditions.

The transfer windows do little for the competitive balance within the European football. It may be argued that it preserves the appeal and the unpredictability of the finishing stages of a championship. However, they also prevent clubs from developing their economic activity and restrict the free play of the market forces of supply and demand. Furthermore, the “windows system” hinders certain clubs from raising the quality of their sporting performance since clubs in minor leagues with a closed window are losing their best players to clubs in a better league with an open window, without being able to replace them. All of this affects the small and economically weak clubs and strengthens the position of the financially strong clubs. As a result a few strong clubs will, contrary to the best interest of consumers, continue to dominate European football. The FIFA regulation of transfer windows is therefore likely to fall under Article 81(1) EC.

It is unlikely that the pro-competitive benefits of the FIFA transfer windows outweigh its restrictive effects since it is improbable that they would be considered the least restrictive means of creating these benefits. Subsequently, the FIFA “windows system” would not qualify for an exemption under Article 81(3) EC and should, if challenged, be void under Article 81(2) EC.

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Iguíñiz, Echeverria Javier María. "Libertad para competir en el mercado: recursos, procesos y resultados." Economía, 2012. http://repositorio.pucp.edu.pe/index/handle/123456789/118120.

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Freedom to compete in the market: resources, processes, and resultsHerein we analyze three concepts of market competition. Although the different aspects of freedom can be appreciated in each one of them, they make an especial contribution to some of them. We propose that the ‘neoclassical general equilibrium’ chiefly contributes to the discussion of the outcomes of an economic activity; the ‘barriers to entry’ approach calls for a study of the resources necessary to compete; and the ‘competition as a process’ approach emphasizes the competitive activity itself. Moreover, as we move from the first onwards, enriching the meaning of competition, the possibility of losing opportunities to participate in the market becomes more evident. Entry and exit are part of the competitive process. Each concept of competition responds to theories that specify or allude to certain types and distribution of economic agents’ freedoms to manoeuvre. Throughout this study, we often quote Amartya Sen with the purpose of buildingbridges between the study of competition and the approach of ‘development as freedom.
Analizamos tres conceptos de competencia en el mercado. Aunque en cada uno de ellos se pueden apreciar las distintas facetas de la libertad, también aportan especialmente a alguna de ellas. Proponemos que el enfoque de «equilibrio general neoclásico» aporta principalmente a la discusión de los resultados de una actividad económica, el enfoque de las «barreras a la entrada» invita a estudiar los recursos necesarios para competir y el enfoque de la «competencia como proceso» pone el acento en la actividad competitiva misma. Además, conforme nos movemos del primero hacia los demás, enriqueciendo el significado de la competencia, se pone más en evidencia la existencia de pérdidas de oportunidades para participar en el mercado que provienen de la propia competencia económica. Cada concepto de competencia responde a teorías que especifican o aluden a ciertos tipos y distribución de márgenes de acción y de acceso a herramientas para competir. En todo el trabajo citamos a menudo a Amartya Sen con el fin de establecer puentes entre el estudio de la competencia y el enfoque del «desarrollo como libertad»
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Edvinsson, Gunilla, and Fanny Östlund. "Hur påverkar konkurrensutsättning kommunens ekonomi- och verksamhetsstyrning? : en studie av hur tillämpning av valfrihetssystem påverkar effektivitet inom kommunal hemtjänst." Thesis, Högskolan Kristianstad, Sektionen för hälsa och samhälle, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-8586.

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Med en ökad äldre befolkning förväntas åldersstrukturen i det svenska samhället förändras. Som en följd därav ökar behovet av service, vård och omsorg varpå kommuner ställs inför utmaningen att tillhandahålla de äldres behov utifrån ett bättre resursutnyttjande. Till det kommer att den nya lagen om valfrihetssystem (LOV) möjliggör och förtydligar konkurrensutsättning av hemtjänst. Kan konkurrens enligt LOV leda till ett ökat resursutnyttjande och ökad effektivitet i den kommunala hemtjänstverksamheten? Syftet med denna uppsats är således att förklara hur konkurrensutsättning av hemtjänstverksamhet enligt valfrihetssystem påverkar kommuners effektivitet. Vi vill även förklara hur ekonomi- och verksamhetsstyrning i kommunen påverkar effektivitet vid ett införande av valfrihetssystem.I fråga om metod har vi utgått från en positivistisk forskningsfilosofi, en deduktiv forskningsansats, ett förklarande syfte och ett kvantitativt metodval. Då valfrihetssystem är ett relativt outforskat område har vår utformning av hypoteser utgått från tidigare forskning om konkurrensförhållanden inom primärvård. Grundstommen för vår uppsats är två teoretiska modeller som vi väljer att utgå ifrån för att påvisa olika samband. Den konstruktion av hypoteser vi valt att göra har vi därmed baserat på den befintliga forskning som finns om effekterna av att konkurrensutsätta verksamhet inom offentlig sektor.Vår empiriska undersökning bygger på en enkätstudie där vi gjort en totalundersökning på de 82 kommuner som har valfrihetssystem i drift. Slutsats därav blir således att konkurrensutsättning av hemtjänstverksamhet enligt LOV leder till ökad effektivitet. På samma sätt drar vi slutsatsen att en prestationsbaserad ersättning leder till att effektiviteten ökar. Likaså drar vi slutsatsen att en förtydligad och framgångsrik styrning leder till ökad effektivitet vid ett införande av valfrihetssystem.
With a growing elderly population the age structure of the Swedish society is expected to change. Consequently, the need for service and elderly care has increased and municipalities are faced with the challenge with providing for the needs of elderly people based on better utilization of resources. The new law about freedom of choice system (LOV) allows for competition in the home help sector. Can competition according to LOV lead to an increased utilization of resources and greater efficiency in the municipal home care business? The aim of this paper is, therefore, to explain how the competition in the home care sector, according to freedom of choice, affects municipal efficiency. We also aim to explain how management control in the municipality affects the efficiency of the introduction of the choice system.This study has a positivist research philosophy, a deductive research approach, an explanatory purpose and a quantitative method. Although the freedom of choice system is a relatively unexplored area, the hypotheses are based on previous research on competitive conditions in primary care. The foundation of the study is two theoretical models used to demonstrate different contexts. Therefore, the construction of the hypotheses was based on the existing research on the effects of exposure the business in public sector to competition.The empirical study is based on a comprehensive survey made on the 82 municipalities with freedom of choice system running. The conclusion is that competition of home care activities according to LOV leads to increased efficiency. In the same way performance-based compensation leads to increased efficiency. In addition a clearer and more successful management control leads to increased efficiency when introducing the freedom of choice system.
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Souza, Leonam Machado de. "O impacto da cláusula de raio nas relações entre o lojista e o empreendedor e seus efeitos no direito da concorrência." Universidade do Estado do Rio de Janeiro, 2014. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=8082.

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Conselho Nacional de Desenvolvimento Científico e Tecnológico
A pesquisa analisa a validade da cláusula de raio no aspecto do direito civil-empresarial (privado) e da concorrência (público). No âmbito do direito civil-empresarial analisa-se a cláusula de raio em conjunto com a cláusula de aluguel percentual e possível lesão à boa-fé objetiva. No aspecto do direito da concorrência é analisado o mercado relevante na dimensão produto e geográfica, bem como as externalidades positivas e negativas produzidas pela cláusula de raio. Para a realização da pesquisa adota-se o método dedutivo, realizado a partir de pesquisa bibliográfica e jurisprudencial sobre o tema. Traz como resultado os parâmetros que devem ser utilizados para a análise da cláusula de raio e a hipótese em que ela pode ser prevista.
This research analyses the validity of radius clause in the aspect of business and civil law (private) and free competition (public). Under the business and civil law aspect, it analyzes the radius clause with percentage rent clause and the probability to the lesion the general clause of objective good faith. In the aspect of free competition it analyses the product and geographic relevant market and also the positive and negative externalities produced by the radius clause. In this research it is adopted the deductive method, performed based on literature and case law research about the theme. It brings as result the parameters that should be used for the analyses of the radius clause and the hypothesis that it may be used.
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Bittencourt, Bruno Ramon Chaves. "Princípios da liberdade econômica e da igualdade face à tributação : limites constitucionais às discriminações tributárias." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2015. http://hdl.handle.net/10183/127988.

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O presente estudo tem como escopo examinar os limites constitucionais da influência da tributação nas atividades econômicas dos Contribuintes, à luz dos princípios e postulados da livre iniciativa, da livre concorrência, da igualdade, da proporcionalidade e da proibição do excesso. A indagação geral que impulsionará a pesquisa é a seguinte: pode a tributação, de forma indistinta, determinar como os Contribuintes devem agir ao plasmar suas atividades econômicas, ou há algum limite a partir do qual a influência da tributação sobre as livres escolhas dos Contribuintes não pode mais avançar? Quais as normas resultantes das interações entre direito tributário e direito econômico? Quais limites a igualdade impõe ao uso de medidas extrafiscais? De quais ferramentas dispõe o aplicador para realizar a liberdade econômica e a igualdade? Como a tese do legislador negativo representa um entrave para a realização dos princípios e postulados em questão? Quais paradigmas estão por trás de tal tese? Mais especificamente, examinaremos alguns casos concretos que ilustrem os problemas em questão e permitam um aprofundamento dos pontos discutidos na pesquisa. O primeiro caso será o das empresas excluídas do SIMPLES cuja exclusão esteja motivada pelo simples exercício de determinada atividade econômica, buscando elucidar se tal discriminação encontra suporte no ordenamento jurídico brasileiro, considerando o seguinte: existindo um critério objetivo para definir quais empresas podem gozar dos benefícios do SIMPLES, qual seja, a receita bruta anual da empresa, pode o Poder Legislativo adotar critério distintivo diverso (a atividade econômica desenvolvida pela empresa) para fins de enquadramento no referido regime tributário? Tal discriminação em função da atividade econômica do Contribuinte encontra respaldo na Constituição Federal? Se a liberdade econômica é um limite à tal discriminação, quais são seus elementos e eficácia jurídica? O segundo caso, que impõe questionamentos semelhantes, é o da exclusão da possibilidade de creditamento da mão-de-obra de pessoas físicas utilizada como insumo por Contribuintes do PIS e da COFINS não-cumulativos.
This paper aims to verify which are the constitutional limitations to the influence of taxation over taxpayers’ economic activities, in the light of the principles and postulates of freedom of enterprise, free competition, equality, proportionality and the prohibition of excessive influence. The general enquiry that will guide this research is the following: can taxation, indistinctly, determine how taxpayers shall act when choosing and directing their economic activities, or are there some limitations that compel the government to not influence taxpayers' economic choices? What are the norms resulting from interactions between tax law and economic law? What limits does equality imposes to the use of behavior influent taxation? Which are the tools available to the judges to promote economic freedom and equality? How does the thesis of negative legislative power represents an obstacle to the achievement of such principles and postulates by the courts? What are the paradigms behind such thesis? More specifically, we are going to examine some cases that illustrate the problems abovementioned and allow us to go deeper in points discussed in this research. The first case is the exclusion of companies from tax benefit program called SIMPLES (for small business), whose exclusion is determined by the simple fact of exercise of a specific economic activity. We are going to exam it in order to elucidate if Brazilian law sustains such discrimination, considering the following: if the law choses one criteria to grant the tax benefits of SIMPLES (company's economic size measured by gross income), can the legislator choose another criteria (company's economic activity) to exclude it from the tax benefit program? Is it grounded in Brazilian Constitution the discrimination based upon the simple adoption of an economic activity? If freedom of enterprise is a limitation to such discrimination, which are its elements and legal effectiveness? The second case, which implies similar questions, is the exclusion of the possibility of crediting the labor of natural persons used as an input for taxpayers of non-cumulative PIS and COFINS (social contributions over gross income - VAT).
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Allegretti, Ivan. "A concentração da incidência nos tributos cumulativos e a neutralidade em relação ao mercado." Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/2/2133/tde-09012014-113700/.

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Em todo o mundo, o imposto sobre valor agregado vem tomando o lugar dos tradicionais impostos sobre vendas. A razão está em que este método de tributação evita o efeito cumulativo, ao tributar apenas o valor adicionado em cada etapa da produção. No Brasil, por causa da sonegação fiscal em alguns setores da economia, e dos problemas de concorrência dela decorrentes, o Governo introduziu os métodos de apuração de tributos denominados de \"substituição tributária\" e \"incidência monofásica\". Estes dois métodos são chamados em conjunto de sistemáticas de concentração da incidência, porque buscam exigir adiantado, na primeira fase da cadeia de produção, a totalidade da carga tributária que se pretenderia cobrar de toda a cadeia de produção. O problema está em que estes métodos de cobrança causam não apenas violações de princípios constitucionais de direito tributário, mas também podem gerar efeitos nocivos à economia, violando princípios estabelecidos pela Constituiçao em relação à ordem econômica do país. A Constituição Brasileira exige a neutralidade da tributação em relação ao mercado, o que significa que a política fiscal não pode causar distorções na concorrência nem deve induzir a concentração de mercado. Os métodos de concentração da incidência, no entanto, podem gerar estes efeitos secundários, o que reclama seu estudo também no contexto da neutralidade da tributação.
Throughout the world, the value added tax has been gaining space over traditional sales taxes. The reason is that this method of taxation avoids the cumulative effect by taxing the value added at each stage of the production chain. In Brazil, due to tax evasion in some sectors of the economy and the competition issues arising from it, the Government introduced the methods of calculating tax called \"tax substitution\" and \"impact single phase\". When jointly referred to, these two methods are called of Concentration of Incidence Methods, because they seek to require early, in the first stage of the production chain, the total tax burden that would be charged in the entire production chain. The problem is that the Systematic Concentration of Incidence Methods not only cause violations of constitutional principles of tax law, but may also generate harmful effects to the economy, which would violate principles of economic order established by the Brazilian Constitution. The Brazilian Constitution requires neutrality of taxation in relation to the market, which means that fiscal policy may not distort competition or lead to market concentration. As the Systematic Concentration of Incidence Methods may cause these side effects, this issue should be taken into consideration during their study.
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FERRARIO, SUSANNA. "LAVORO AUTONOMO E INTERESSI COLLETTIVI: RAPPRESENTANZA, ORGANIZZAZIONE E AZIONE SINDACALE DI TUTELA." Doctoral thesis, Università Cattolica del Sacro Cuore, 2008. http://hdl.handle.net/10280/257.

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La ricerca prende avvio dalla ricostruzione dei processi socio-economici che hanno portato alla crisi del modo di produzione taylorista-fordista. Muovendo da tali riflessioni, si constata come le imprese “post-fordiste” si avvalgano in misura crescente di lavoratori autonomi, un tempo coordinati e continuativi e, oggi, a progetto (artt. 61 e ss., d.lgs. 276/2003). Tali collaboratori sono, dunque, soggetti ad un potere (contrattuale) di coordinamento del committente che, alle volte, si somma ad una condizione di dipendenza economica dal committente medesimo. Si crea, quindi, una differenziazione interna all'area dell'autonomia coordinata che non pare adeguatamente valorizzata dal legislatore ordinario, ma che sembra interessare i sindacati. Il dato reale vede, infatti, agire rappresentanze varie, sicché occorre circoscrivere l'ambito di applicabilità degli artt. 39 e 40 Cost. L'assenza di un genuino interesse collettivo e di un'effettiva attività di autotutela inducono a ritenere che i collaboratori “forti” e il relativo associazionismo possano beneficiare delle sole tutele poste dagli artt. 2, 18 e 41 Cost. A conclusione si affrontano le problematiche che la ricostruzione così svolta solleva, ovverosia come garantire l'effettività delle tutele riconosciute al sindacalismo dei collaboratori “deboli” e come contemperare l'associazionismo dei collaboratori “forti” con il diritto antitrust comunitario.
The search starts with the reconstruction of socio-economic processes. Moving from these reflections, it's possible to see that today's companies take advantage of increasingly self-employed coordinated and continuous and, after d.lgs. 276/2003 “lavoratori a progetto”. These employees are, therefore, subject to a power (contractual) coordination of the customer that, at times, it adds up to a state of economic dependence by the same. It then creates an internal differentiation into autonomy area that does not seem properly valued by the ordinary legislator, but that seems to involve trade unions. Given that in reality there are different representations, we move to circumscribe the scope of applicability of the Arts. 39 and 40 Const. The absence of a genuine interest and genuine self activities suggest that employees "strong" and its associations can only benefit from the protections posed by Arts. 2, 18 and 41 Const. At the end tackling the problems so that the reconstruction turn raises, namely how to ensure the effectiveness of the safeguards recognized unionism collaborators "weak" and reconcile the associations of employees "strong" with the antitrust law.
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Books on the topic "Freedom of competition"

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United States. General Accounting Office. General Government Division. Competitive contracting: Information related to the redrafts of the Freedom from Government Competition Act. Washington, D.C. (P.O. Box 37050, Washington, D.C. 20013): The Office, 1998.

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Sciarra, Silvana. Market freedom and fundamental social rights. San Domenico, Florence: European University Institute, 2002.

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Boutayeb, Chahira. Droit matériel de l'Union européenne: [libertés de mouvement, espace de concurrence et intérêt général]. Paris: L.G.D.J., 2009.

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Boutayeb, Chahira. Droit matériel de l'Union européenne: [libertés de mouvement, espace de concurrence et intérêt général]. Paris: L.G.D.J., 2009.

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Transport, Canada Parliament House of Commons Standing Committee on. Freedom to move: Change, choice, challenge. Ottawa [Ont.]: Published under authority of the Speaker of the House of Commons by the Queen's Printer of Canada, 1985.

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Kasper, Wolfgang. Economic freedom and development: An essay about property rights, competition, and prosperity. Lagos: Institute for Public Policy Analysis, 2004.

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Göpelt, Bernhard. Das Spannungsfeld zwischen der Meinungsfreiheit und den Vorschriften zum Schutz vor unlauterem Wettbewerb aus nationaler und EG-rechtlicher Sicht. Bochum: Brockmeyer, 1994.

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Dimas, Alexandros G. The web of the EU's intellectual property: Free movement of goods and competition rules : incl. Reg. 40/94 on the CTM and 2349/84 on PLA. Athens: Ant. N. Sakkoulas Publishers, 1997.

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Citizens for a Sound Economy Foundation., ed. Newspaper publishers & freedom of speech: Using the First Amendment to protect newspapers from competition. Washington, D.C: Citizens for a Sound Economy Foundation, 1989.

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European Court of Human Rights. Affaire markt intern Verlag GmbH et Klaus Beermann: 1. Décision du 30 mars 1989 (dessaisissement) : 2. Arrêt du 20 novembre 1989 = Case of markt intern Verlag GmbH and Klaus Beermann : 1. Decision of 30 March 1989 (relinquishment of jurisdiction) : 2. Judgment of 20 November 1989. Strasbourg: Registry of the Court, Council of Europe, 1989.

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Book chapters on the topic "Freedom of competition"

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Cain, Timothy Reese. "Competition and Collaboration." In Establishing Academic Freedom, 75–99. New York: Palgrave Macmillan US, 2012. http://dx.doi.org/10.1057/9781137009548_4.

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Shaanan, Joseph. "Competition Policy." In Economic Freedom and the American Dream, 137–52. New York: Palgrave Macmillan US, 2010. http://dx.doi.org/10.1057/9780230102231_11.

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Shaanan, Joseph. "Competition and Markets." In Economic Freedom and the American Dream, 123–35. New York: Palgrave Macmillan US, 2010. http://dx.doi.org/10.1057/9780230102231_10.

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Williams, Alan. "Ethics, Clinical Freedom and the Doctors’ Role." In Competition in Health Care, 178–91. London: Macmillan Education UK, 1990. http://dx.doi.org/10.1007/978-1-349-21052-7_7.

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Holmes, Brian. "Education in Japan Competition in a Mass System." In Equality and Freedom in Education, 209–52. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003287643-7.

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Frenz, Walter. "The Significance of Freedom of Competition in the European Union Law." In Handbook of EU Competition Law, 3–106. Berlin, Heidelberg: Springer Berlin Heidelberg, 2015. http://dx.doi.org/10.1007/978-3-662-48593-4_1.

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Janssens, Sabine, Hilde Meersman, and Eddy Van de Voorde. "Port throughput and international trade: have port authorities any degrees of freedom left?" In Struggling for Leadership: Antwerp-Rotterdam Port Competition between 1870 –2000, 91–113. Heidelberg: Physica-Verlag HD, 2003. http://dx.doi.org/10.1007/978-3-642-57485-6_6.

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Plehwe, Dieter. "The Development of Neoliberal Measures of Competitiveness." In Global Studies, 155–82. Bielefeld, Germany: transcript Verlag, 2021. http://dx.doi.org/10.14361/9783839457474-007.

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Scholars explain the rise of Global Performance Indicators (GPIs) with a confluence of three developments: the turn to neoliberalism, the rise of transnational governance networks and the evolution of information technology and open data sources. Missing in the discussion so far is the creation of new data sources for the specific purpose of index construction. Although indices and rankings are imbued with notions of competition, the literature also does not sufficiently address the conflicting purposes of GPIs in general and the strategic development of GPIs for the purpose of establishing neoliberal norms of competition states. These claims are substantiated by way of tackling the history and development of the Economic Freedom Indices.
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Gacel-Ávila, Jocelyne. "The Importance of Internationalization Today and the Leadership Role of IAU." In The Promise of Higher Education, 89–94. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-67245-4_14.

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AbstractSince its creation back in the fifties, the International Association of Universities (IAU) has been consistently fostering a set of academic values and principles to frame higher education institutions’ mission and institutional practices, such as academic freedom, institutional autonomy, social responsibility, cooperation, solidarity, tolerance, equity in access, open access to knowledge, scientific integrity, ethical behaviour, and quality in learning, research and outreach. These principles are most valuable in a world where globalization and the global economy paradigm have triggered fierce competition among universities for prestige, talent and financial resources at the global level. This is encouraged by global rankings, provoking tensions with universities’ national missions and putting at risk the values of inclusion, solidarity and local social commitments. Besides causing increased inequality and tensions in social cohesion, as well as the rise of new trends of nationalism and populism within countries, globalization has provoked geopolitical tensions and boosted a wider division between the Global North and the Global South.
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Nyman-Metcalf, Katrin, Pawan Kumar Dutt, and Archil Chochia. "The Freedom to Conduct Business and the Right to Property: The EU Technology Transfer Block Exemption Regulation and the Relationship Between Intellectual Property and Competition Law." In Protecting Human Rights in the EU, 37–70. Berlin, Heidelberg: Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-38902-3_4.

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Conference papers on the topic "Freedom of competition"

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Dragomir Jora, Octavian. "The Space Economy: Freedom and Fairness above the Skies." In 2nd International Conference on Business, Management and Finance. Acavent, 2019. http://dx.doi.org/10.33422/2nd.icbmf.2019.11.771.

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The space economy encompasses the totality of activities resulting from and in the presence of humankind in space and, in addition to its governmental and research components, it also features a critical and crescent business and market-oriented segment. The number of space systems, especially those in Earth orbit, has augmented significantly, leading to a surge in satellite services that has strikingly outstripped global economic growth. The huge demand for communications, data gathering, navigation, positioning and timing services grows exponentially with the development of new applications with terrestrial debouche and encouraged by state actors seeing this field as a strategic force multiplier and area for competition/competitiveness. This research observes that even if costs continue to fall (on the technological “supply-side”) and reliance on circum-terrestrial space-based facilities continues to rise (on the “demand-side”), there are international institutional hurdles against the unleash of space quest for fear that uneven chances to accede in space will ignite old terrestrial conflicts. Special attention will be drawn on the reasons for the potential prolongation of the image of cosmic space as a “museum” rather that a “laboratory”, and a “laboratory” rather than an “workshop”, discussing whether the just / efficient paradigm in the outer space governance / ownership / sovereignty is “entrepreneurial liberal capitalism”, “egalitarian social democracy” or “reactionary conservatism”.
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Tunçsiper, Bedriye, and Ömer Faruk Biçen. "The Determination of Economic Freedom in Foreign Direct Investment Inflows to the Balkans States and Turkey." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.00947.

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Foreign direct investment (FDI) are an important external savings resource for the developing countries that have problems with financing of growth and development. The transformation that started in the global economic system from 1980’s substituted other capital types, major of them are FDI, instead of official development aid. Nevertheless, the foreign direct investment pulling competition have started among developing countries. The papers in this side imply that the countries having broad domestic markets, high economic growth potential, an improved infrastructure and human capital level have advantages on pulling FDI. Moreover, some papers in last years reflect that economic freedom is also an important determinative in addition to other determinatives of FDI. The main aim of this paper is to analyze the determination of economic freedom on the FDI that inflow to the Balkan states and Turkey. In the paper using 1994-2012 time dimension, the countries added to the analysis are Turkey, Bulgaria, Greece, Romania, Macedonia, Albania and Croatia. The results with panel regression method showed that some economic freedom indices supported the inflows of FDI in this countries.
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Quaglia, Giuseppe, and Paride Cavallone. "Rese_Q: UGV for Rescue Tasks Functional Design." In ASME 2018 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/imece2018-86395.

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The aim of this paper is to show the functional design of the prototype called Rese_Q01. The characteristics required for this prototype are defined by the competition “RoboCup Rescue”. The competition evaluates robot’s capabilities in four suites: Maneuverability, Mobility, Dexterity and Exploration. In add, the final step of the challenge is the readiness check of system sensors in order to locate victims and dangerous situations. A snake-like architecture, using a modular approach, inspires the prototype Rese_Q01. The robot is composed by a variable number of modules interconnect by multi degree of freedom joints. The modular approach allows configuring the robot in the best way for specific tasks. A specific module can be equipped with different sensors and with a hand effector for specific tasks. Moreover, the modular approach is also employed for the joints. The paper presents the design requirements resulting from the use in post-disaster monitoring operations, the mechanical synthesis procedure and the functional design of the mobile robot. Furthermore, the traction system and the trajectory control are shown.
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Braghin, Francesco, Edoardo Sabbioni, and Francesco Annoni. "Design of a Leaf Spring Suspension for an FSAE Vehicle." In ASME 2007 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. ASMEDC, 2007. http://dx.doi.org/10.1115/detc2007-35474.

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FSAE is a competition in which engineering students are asked to conceive, design, fabricate and compete with small, formula style, autocross racing cars ([1]). To give teams the maximum design flexibility and the freedom to express their creativity and imaginations there are very few restrictions on the overall vehicle design. DynamiΣ team (from Politecnico di Milano) has designed and optimized a new leaf spring suspension that allows to significantly reduce the weight and lower the centre of gravity of traditional suspensions that are based on linear dampers and coil springs. In fact, besides being extremely adjustable, the proposed leaf spring suspension weights a half, being made of carbon fiber and aluminum sandwich, and lowers the centre of gravity of the suspension system, being placed below the vehicle frame.
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Rodrigues Junior, Fausto Marques, Guilherme Baptista Bastos, Marcos Cesar da Rocha Seruffo, Fernando Augusto Ribeiro Costa, Karla Figueiredo, and Harold Dias Mello Junior. "Analysis of migration to the Brazilian free energy market based on statistical methods and artificial neural networks." In Congresso Brasileiro de Inteligência Computacional. SBIC, 2021. http://dx.doi.org/10.21528/cbic2021-109.

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Since 1995, the Brazilian government has regulated a differentiated model for selling electricity with the objective of stimulating free competition. Widespread in recent years, with less restrictive adhesion requirements, the so-called free market allows the consumer to customize the contract, contemplating price, demand and supply period, established in a flexible way. Thus, the customer has the freedom to negotiate according to his needs, weighing costs and benefits. This paper describes the migration process from the Regulated Contracting Environment (RCE) to the Free Contracting Environment (FCE) and the savings achieved by a consumer of subgroup A4 and green tariff mode in the concession area of Light, which operates in the state of Rio de Janeiro. Statistical methods and artificial neural networks were employed in forecasting the consumption series, in the period from 2016 to 2019, to identify the best contracting conditions. Specifically, the long and short-term memory networks (LSTM) obtained the best performance with validation error of less than 1%. With simulated RCE data, we show the financial advantage consumers would have if they had not yet migrated to the FCE.
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Belardinelli, Pierpaolo, and Stefano Lenci. "The Homotopy-Analysis Approach for the Dynamical Study of a Microbeam Modeled on the Basis of the Strain-Gradient Theory." In ASME 2013 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/detc2013-12958.

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The purpose of this work is to investigate the nonlinear dynamics of a slender microbeam, modeled within the framework of the strain-gradient elasticity, adopting the homotopy analysis method (HAM). The microbeam is fixed at both edges and a geometric nonlinearity is also present accounting for the axial stretch. To attain an accurate and reliable model, so that the error is spread smoothly over the domain, a Chebyshev approximation for the nonlinear electric actuation term is introduced. A reduced-order model for the governing equation of motion, represented by an high-order nonlinear partial differential equation, is obtained. Then, the single-degree-of-freedom model is studied to find an analytical approximated solution. The free vibrations of the beam are investigated and the effects of several parameters, such as the applied axial load, are analyzed. Particular attention is also paid to find the influence of the high-order length scale material parameters, introduced by the non-classical theory, that progressively modify the oscillating behaviour. The results on the nonlinear phenomena, show both an hardening and a softening behaviour, in competition between them, varying the beam parameters. A numerical solution, obtained by a 4th order Runge Kutta algorithm, is also proposed as a benchmark for the analytical results.
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Subedi, Subodh, Joshua Logan, and Marcellin Zahui. "Simplified Approach for Formula SAE Car Suspension Design and Component Size Optimization Using Finite Element Method." In ASME 2017 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2017. http://dx.doi.org/10.1115/imece2017-72119.

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Multiple parts with varying degrees of freedom create complexity in the analysis and design of car suspension. Formula SAE® teams design their cars based on the governing rules for competition every year. A proper selection of suspension components, body weight and geometry is required for well-designed racecar. Handling of a car during cornering must be carefully considered during design because of the presence of both lateral and longitudinal accelerations. A calculated balance has to be made with the placement and size of each of the suspension components. One critical component of the suspension is the Anti Sway Bar (ASB), which stabilizes the car during cornering. Simplified 3-D CAD model of an open wheel formula style car is created and analyzed for performance with and without ASB. The results indicate a superior control over the car during cornering when ASB are installed. Static analysis of the different suspension components were carried out using the maximum dynamic loads generated during rigid dynamic simulation. The objective of the static structural analysis is to examine the suitability of size, material and attachments to the chassis of these components. The results of the analysis presented here are validated with theoretical values and other results in literature. This work is an attempt to seek a simple approach for designing and analyzing a Formula SAE® racecar.
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Pippenger, Brian. "Removing the Skills Gap in Manufacturing." In NCSL International Workshop & Symposium. NCSL International, 2014. http://dx.doi.org/10.51843/wsproceedings.2014.35.

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This paper will look into the growing problem of the skills gap in manufacturing. The speed at which technology is changing in the work place is phenomenal. Many of the manual functions of the past are run from computers. Computers run many of the machining functions; computer controllers are keeping track of every move the tools make, robots move parts from one operation to the next and conveyor systems controlled by computers that move the parts in automated cells. Processes that originally required ten or more employees now only need two or three. The dilemma is that these two or three employees need to be highly skilled in many areas of the process not just the operation of one machine in the process. This is where in the problem lies. How do companies address this skills gap in order to bring their employees to a skill level that will afford a level of confidence in operating of the automated processes that are now being implemented into our manufacturing systems? Many of the newest technologies are obsolete before they hit the floor. Organizations will need to evaluate their need for upgrading their technology to keep up with the competition. Will the implementation of new technology be essential in the future of the manufacturing process and staying ahead of the competition? What will the learning curve be for the new technology? Can training in advance of the implementation be feasible? Are the employees adding to their existing skill set or will this new technology require a new skill for them to learn? Providing an opportunity for training is only part of the answer. Many of the employees have not had structured education for many years or do not have the skill set needed for the new technologies that are being released. Removing the fear in the workplace so that everyone may work effectively for the company, institute a vigorous program of education and self-improvement, and allow the employee the freedom to have pride in their work will make the transition as painless as possible for the employee and the organization.
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Danchenko, A. V. "COMPETITION OF HUMAN AND CIVIL RIGHTS AND FREEDOMS IN LAW ACTIVITIES." In Всероссийская студенческая научная конференция с международным участием "Молодежь, наука и цивилизация". Сибирский юридический институт Министерства внутренних дел Российской Федерации, 2019. http://dx.doi.org/10.51980/2019_227_133.

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Ali-Qureshi, Zulfiqar. "Integrated Top Down Dynamic and Hybrid Life Cycle Analysis Based Sustainable Design Approaches for New Product Development." In ASME 2010 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. ASMEDC, 2010. http://dx.doi.org/10.1115/detc2010-29131.

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Environment friendly design methodology is a valid trade-off between the degrees of freedom and the sustainable solution. Life Cycle Assessment (LCA) is a powerful tool to calculate the environmental impact from the product and the manufacturing systems from cradle to grave including the consumption of all types of the resources. However, complexity of the LCA restricts its usefulness in the current state-of-the-art product and process system development. Most often, companies ignore to adopt a top-down approach and make a post manufacturing environmental audit. In fast-paced new product design process, the longevity of the product and the process development time has been reduced to its lowest level. Therefore, it has become rather difficult to meet the increasing competition of involving change, quicker response to the market as there exists a rapid change in the market economy. Infact the broader design principles suggests to create a product with sole functions and the architecture with no waste or refuse of recycling or refuse of incinerators to go in to grave of the land fill. Therefore, the preliminary design stages are simple and a bottom-up approach for the environmentally-conscience design is insufficient. Thus, the proposal is to make more functionally-oriented set of specific principles to not only directly satisfy the regulations but also provide design valuable attribute. In this context, an integrated top down dynamic & hybrid life cycle analysis-based design approach is presented to address above-mentioned issues with the company policy perspective and to satisfy the regulations and national/international standards in the wake of emerging localization paradigm in manufacturing system.
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Reports on the topic "Freedom of competition"

1

Edlin, Aaron, and Joseph Farrell. Freedom to Trade and the Competitive Process. Cambridge, MA: National Bureau of Economic Research, February 2011. http://dx.doi.org/10.3386/w16818.

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MacLean, Nancy. How Milton Friedman Exploited White Supremacy to Privatize Education. Institute for New Economic Thinking Working Paper Series, September 2021. http://dx.doi.org/10.36687/inetwp161.

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This paper traces the origins of today’s campaigns for school vouchers and other modes of public funding for private education to efforts by Milton Friedman beginning in 1955. It reveals that the endgame of the “school choice” enterprise for libertarians was not then—and is not now--to enhance education for all children; it was a strategy, ultimately, to offload the full cost of schooling onto parents as part of a larger quest to privatize public services and resources. Based on extensive original archival research, this paper shows how Friedman’s case for vouchers to promote “educational freedom” buttressed the case of Southern advocates of the policy of massive resistance to Brown v. Board of Education. His approach—supported by many other Mont Pelerin Society members and leading libertarians of the day --taught white supremacists a more sophisticated, and for more than a decade, court-proof way to preserve Jim Crow. All they had to do was cease overt focus on race and instead deploy a neoliberal language of personal liberty, government failure and the need for market competition in the provision of public education.
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