Report of the State Action Task Force: Recommendations to Clarify and Reaffirm the Original Purposes of the State Action Doctrine To Help Ensure That Robust Competition Continues to Protect Consumers PDF Download

Author:
Publisher: DIANE Publishing
ISBN: 1428952756
Category :
Languages : en
Pages : 77

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Author: Claus-Dieter Ehlermann
Publisher: Bloomsbury Publishing
ISBN: 1847312675
Category : Law
Languages : en
Pages : 646

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The European Competition Law Annual 2004 is ninth in a series of volumes following the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces the materials of the roundtable debate that took place at the ninth edition of the workshop (11-12 June 2004), which examined the relationship between competition law and the regulation of (liberal) professions. The (liberal) professions and the rules governing their functioning have become of interest for EC competition law enforcement since the early nineties, making the object of a series of Commission decisions and judgments of the European courts. The subject has gained in importance in the perspective of the recent decentralisation of EC antitrust enforcement. The regulation of (liberal) professions is also a matter of increasing concern from the perspective of freedom of services in the internal market. The workshop participants - a group of senior representatives of the Commission and the national competition authorities of some Member States, reknown international academics and legal practitioners - discussed the economic, legal and political/institutional issues that arise in the relationship between competition law and the regulation of (liberal) professions.

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Competition Policy
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 248

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Author:
Publisher: DIANE Publishing
ISBN: 1428953124
Category :
Languages : en
Pages : 70

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Publisher: DIANE Publishing
ISBN: 1428953140
Category :
Languages : en
Pages : 75

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Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: Peter Hettich
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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By proclaiming the State Action Doctrine, the Supreme Court aims to preserve the states' rights to enact economic regulation which conflict with the federal antitrust laws. The doctrine exempts regulated private parties from antitrust enforcement when they are insulated by the State. Without granting the exemption, private parties would have to decide between obeying anticompetitive state regulation and complying with federal antitrust laws, risking punishment either way. The doctrine provides a test to determine whether to grant the immunity. Far from being settled, the test is battled heavily all the way up to the Supreme Court. In Ticor, Justice Scalia expressed skepticism whether an "exemption for state-programmed private collusion" is justified at all. Other Justices have been more favorable towards state and local regulation of commerce. Beside this more philosophical clash about the proper scope of regulation, it is generally acknowledged that the doctrine bears inherent flaws and provides little guidance. Justice O'Connor has already pointed out that it is unfair to punish regulated parties with treble damages for their compliance with anticompetitive state regulation. The State Action Task Force of the FTC acknowledges the inherent flaws of the State Action Doctrine, as do most scholars. However, all proposals made so far aim to clarify and refine the State Action Doctrine. The current proposals have their merits, but they will only mitigate the problems associated with the State Action Doctrine. The present standard requires a "clearly articulated state policy" and "active supervision" for immunity; these are purely procedural requirements. In this essay, I propose to include institutional and substantive changes to the State Action Doctrine. From an institutional perspective, the courts should reaffirm the FTC's mandate to preserve public policy; the FTC is best suited to defend the federal interest in unfettered competition. From a substantive point of view, the courts have to reengage in a moderate review of the reasonableness of state regulation. I do not ask for a revival of the Lochner era; however, the competitive process needs at least minimal protection against arbitrary state regulation.

Author: United States. Federal Emergency Management Agency
Publisher:
ISBN:
Category : Emergency management
Languages : en
Pages : 75

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Comprehensive Preparedness Guide (CPG) 101 provides guidelines on developing emergency operations plans (EOP). It promotes a common understanding of the fundamentals of risk-informed planning and decision making to help planners examine a hazard or threat and produce integrated, coordinated, and synchronized plans. The goal of CPG 101 is to make the planning process routine across all phases of emergency management and for all homeland security mission areas. This Guide helps planners at all levels of government in their efforts to develop and maintain viable all-hazards, all-threats EOPs. Accomplished properly, planning provides a methodical way to engage the whole community in thinking through the life cycle of a potential crisis, determining required capabilities, and establishing a framework for roles and responsibilities. It shapes how a community envisions and shares a desired outcome, selects effective ways to achieve it, and communicates expected results. Each jurisdiction's plans must reflect what that community will do to address its specific risks with the unique resources it has or can obtain.

Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 64

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The Bulletin of the Atomic Scientists is the premier public resource on scientific and technological developments that impact global security. Founded by Manhattan Project Scientists, the Bulletin's iconic "Doomsday Clock" stimulates solutions for a safer world.

Author: Richard A. Posner
Publisher: Evaluative Studies in Governme
ISBN:
Category : Business & Economics
Languages : en
Pages : 72

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