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Kimberly J. Cook, Reneè D. Lamphere, Jason M. Williams, Stacy L. Mallicoat, Alissa R. Ackerman - Survivor Criminology

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Kimberly J. Cook (Hrsg.), Reneè D. Lamphere (Hrsg.), Jason M. Williams (Hrsg.), Stacy L. Mallicoat (Hrsg.), Alissa R. Ackerman (Hrsg.)

Survivor Criminology

2022

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hildhood Sexual Abuse Survivor Methodology for Healing and Transformation S. 143-162

„… Childhood Sexual AbuseLauren J. SilverWe’ve been asked by the visionary editors to write as our survivor …” „… for the abolition of childhood sexual abuse.RESOURCES FOR THE ABOLITION OF CHILDHOOD SEXUAL ABUSE …” „… childhood sexual abuse. I am white, queer, cisgen-dered, a member of a transracial family, and an antiracist …”

Stacy Parks Miller Intersectional Biases in the Rural Courtroom S. 173-192

„… far seemingly unaffected by the shift in public sentiment about sexual bias, discrimination, and abuse …” „… detailed disturbing findings about domestic violence cases and the handling of protection from abuse (PFA …” „… , mainly women and children, through enforcement of court orders that prevent an abuser from having contact …”

Meredith G. F. Worthen Survivor Criminology as a Scholar/Activist in the Me Too Movement and #MeToo Activism S. 163-172

„… vio-lence, sexual assault and abuse.RAINN: Rape, Abuse & Incest National Network@RAINN We run the National …” „… to sexual assault, domestic violence, and child abuse.Unapologetically …” „… exposes how survivors of sexual abuse, violence, and harassment are belittled and ignored. Together, the …”

Steven Green Survivor of Death by Incarceration S. 111-124

„… being able to protect my mom from her abusers.Given my mom’s experience as a victim of abuse, I suppose …” „… . Research has documented that younger parents, parents suffering from substance abuse, single-parent mothers …” „… cases of co-occurring domestic violence and child abuse (Hartley, 2002). All those factors would …”

Kimberly J. Cook From Battered Woman to Professor S. 51-68

„… we got settled in New York. I did not tell her about the abuse. On December 8, 1980, we were broke …” „… despite the violence seen around them. I learned that, as he did with me, it was typi-cal of abusers to …” „… , isolated by the abuser and kept from friends and family, and ignored or turned away by would-be …”

Jennifer Ortiz From East New York to the Ivory Tower S. 69-92

„… corrupt police officers forced him into a cycle of violence and substance abuse.By the time my father met …” „… inflict physical and psychological abuse against her children, a pattern she learned from her parents. My …” „… , Blackburn, Marquart, & Mullings, 2010). Moreover, victims of sexual assault or abuse often feel a sense of …”

‌‌‌‌Conclusion S. 211-222

„… PTSD, emotional abuse, and other challenges. Healing acknowledges the harms, honors them, seeks to make …” „… of psychological abuse while at college, 31 percent are exposed to physical abuse, and 36 percent to …” „… at least one incident of sexual abuse. Furthermore, Horsman (2000) argues that traumatic course …”

Index S. 223-228

„… protection systems, 203, 206Child Sexual Abuse, 89, 158, 160child welfare, 105, 150, 155, 159colleagues, 5, 7 …” „… , 105, 126Project Rebound, 117, 120promotion and tenure, 213–14Protection from Abuse (PFA), 179–80, 182 …” „… , xvii–xviii, xx, 8, 16, 55, 57, 61, 128, 130, 181, 187–88sexual abuse, xix–xx, 4, 16–17, 108–9, 144–45, 149–51 …”

Monishia Miller Navigating Survival S. 93-110

„… and the pain of sexual abuse, feel the weight of how that affected me, and build the foundation to …” „… first-generation scholar. I have experienced homelessness and foster care. I am a survivor of sexual abuse and …” „… neglected, abused, and abandoned. Working in the group home was rewarding and reflective. It reminded me of …”

Alexa D. Sardina, Alissa R. Ackerman Balancing the Dual Roles of Sex Crimes Researcher and Rape Survivor S. 1-18

„… issues with substance abuse, Alexa also suffered from anorexia coupled with depression and anxiety.It …” „… struggles with substance abuse issues but psycho-logical manifestations persist. She has been diagnosed with …” „… . Alissa struggled on and off with substance abuse, culminating in a decision to live in complete sobriety …”

About the Editors S. 229-230

„… system due to abuse and neglect.Jason M. Williams, Ph.D., is an Associate Professor of Justice Studies at …” „… as co-editor on a special edition of the journal Sexual Abuse. …”

Preface

„… of Childhood Sexual Abuse 143Lauren J. SilverChapter 11: Survivor Criminology as a Scholar/Activist …” „… highlights how she transformed her adverse childhood experiences of family dysfunction and sexual abuse into …” „… survivor of childhood sexual abuse. Her story is the tenth chapter in this volume and presents a …”

Carly Stanley, Keenan Mundine From Trauma to Healing S. 193-210

„… abuse against Keenan by their carer.Keenan’s new placement was also fraught with physical abuse by a …” „… substance abuse, no identification, no cultural support, no financial support, and significant unresolved …” „… his trauma enabled his substance abuse and criminal justice involvement, while Carly provided a …”

About the Contributors S. 231-236

„… regard-ing the lived experiences of sexual violence, trauma, anti-blackness, and other abuses of so many …”

doi.org/10.5771/9781538151709

Peter Behrens - The adaption of competition rules in new and future member states to European Union Law (V)

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Peter Behrens (Hrsg.)

The adaption of competition rules in new and future member states to European Union Law (V)

Reihe: Schriftenreihe des EUROPA-KOLLEGS HAMBURG zur Integrationsforschung

Band 72 2015

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Third Chapter: Abuse S. 145-165

„… Third Chapter: Abuse 145 Third Chapter: Abuse A. Definition of Abuse Neither the Competition …” „… the abuse of such Competition rules aim to protect effective competition in the market and prohibit …” „… in the market. Therefore, only abuse of a dominant position is prohibited with competition rules …”

Fourth Chapter: The Relationship between the Rules on the Prohibition of Cartels and the Abuse of Dominant Position S. 166-168

„… Third Part: Abuse of Dominant Position 166 Fourth Chapter: The Relationship between the Rules on …” „… the Prohibition of Cartels and the Abuse of Dominant Position A. Introduction The provisions …” „… prohibiting cartels and abuse of dominant position are both directed at economic entities. Both provisions …”

First Chapter: Concept of Merger Control S. 169-183

„… been discussed: the prohibition of cartels and prohibition of abuse of dominant position. The third …” „… started to increase, it became clear that the rules on the prohibition of abuse of a dominant position …” „… were insufficient to cover all of the consequences of mergers. Furthermore prohibitions on abuse of a …”

Second Chapter: Dominance S. 131-144

„… Community Law of Competition, p. 920. Third Part: Abuse of Dominant Position 132 even in the absence of a …” „… Roth/Rose, European Community Law of Competition, p. 242. Third Part: Abuse of Dominant Position 134 The …” „… . 136. Third Part: Abuse of Dominant Position 136 suppliers located in other areas, then it is …”

Titelei/Inhaltsverzeichnis S. 1-22

„… Competition 99 Third Chapter: Exemption from the Prohibition 118 Third Part: Abuse of Dominant Position 129 …” „… First Chapter: The Principle of Prohibition 129 Second Chapter: Dominance 131 Third Chapter: Abuse …” „… 145 Fourth Chapter: The Relationship between the Rules on the Prohibition of Cartels and the Abuse …”

Second Chapter: National Background S. 44-70

„… provisions were, however, insufficient to deal with problems like cartels and the abuse of dominant …” „… , similar means of competition.69 Unfair competition may be defined as the abuse of economic competition …” „… , first attempts did not specifically seek the prohibition of cartels and an end to the abuse of a …”

Second Chapter: Prohibition of Anti-Competitive Mergers S. 184-205

„… country-wide high turnover, it is possible for such an undertaking to abuse its position in the relevant …” „… dominance as established within the scope of the prohibition of abuse of dominant position is also used …” „… .538 Since the prohibition of abuse of a dominant position also includes an assessment of dominance …”

First Chapter: The Principle of Prohibition S. 129-130

„… 129 Third Part: Abuse of Dominant Position First Chapter: The Principle of Prohibition …” „… . However, an abuse of a dominant position may also be realized through agreements and concerted practices …” „… between undertakings. ____________________ 338 Aslan, Rekabet Hukuku, p. 435. Third Part: Abuse of …”

Act on the protection of competition (Excerpts) S. 279-292

„… , distorting or restricting competition in markets for goods and services, and the abuse of dominance by the …” „… services within the boundaries of the Republic of Turkey, and the abuse of dominance by the undertakings …” „… exemptions for the types of agreements in specific subject-matters and which indicate their terms. Abuse of …”

Bibliography S. 293-302

„… Cephesinde Yeni Bir Sey Var, Rekabet Dergisi 2009 (10/4), pp. 73–117. Kellezi, Pranvera, Abuse below the …” „… threshold of dominance? Market Power, Market Dominance and Abuse of Economic Independence, in: Conde …” „… Gallego, Beatriz/Enchelmaier, Stefan/Mackenrodt, Mark O. (eds.), Abuse of Dominant Bibliography 298 …”

First Chapter: The History of Relations between the EU and Turkey S. 29-43

„… (anti-competitive agreements between undertakings and abuses of dominant positions), merger control and control of …” „… provisions include prohibition of anticompetitive agreements, decisions, concerted practices and the abuse of …” „… including prohibition of cartels and abuses of a dominant position. Moreover, Art. 34 of the Customs Union …”

Annex S. 279

„… , distorting or restricting competition in markets for goods and services, and the abuse of dominance by the …” „… services within the boundaries of the Republic of Turkey, and the abuse of dominance by the undertakings …”

Third Chapter: Private Enforcement of Competition Rules S. 264-274

„… the validity of agreements that infringe the prohibition of abuse of dominant positions. In Turkish …” „… legal systems the validity of agreements that infringe the prohibition of abuse of dominant position …” „… damages according to this principle.808 However, in case of an abuse of a dominant position, parties to …”

Introduction S. 25-28

„… cartels are limited, since they are regarded as anti-competitive as well as abuses of an undertaking’s …”

Sixth Part: Concluding Remarks S. 275-278

„… competition rules in Turkey address three dimensions of competition matters. It deals with cartels, abuses of …”

First Chapter: Institutions S. 219-237

„… decentralized enforcement system for rules regarding prohibition of cartels and abuses of dominant position …” „… enforcement structure of EU competition law regarding prohibition of cartels and abuses of dominant positions …”

Third Chapter: Powers of Investigation and Enforcement S. 206-218

„… inspect homes of natural persons in merger cases, in contrast to cartel or abuse cases.582 On the other …”

Second Chapter: Restriction of Competition S. 99-117

„… of abuse of a dominant position. 245 CFI Joined Cases T-374/94, T-375/94, T-384/94 and T-388/94 …”

doi.org/10.5771/9783845258812

Cheryl Lawhorne-Scott, Don Philpott, Jeff Scott - Raising Children in the Military

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Cheryl Lawhorne-Scott, Don Philpott, Jeff Scott

Raising Children in the Military

2014

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17 Substance Abuse S. 213-232

„… especially prone to risk-taking behaviors, includ-ing trying drugs of abuse.The more risk factors an …” „… your family, rememberthat you are not alone.Substance abuse is a growing problem in the military …” „… because of thetremendous strains on military personnel themselves and their families.Alcohol abuse is the …”

18 Domestic Violence S. 233-244

„… for abuseare 23 percent more likely to be separated from the service than non-abusers and somewhat …” „… abuse.Many battered women have had to forgo financial security duringdivorce proceedings to avoid further …” „… Defense (DoD) has made it an item of specific concern. Accu-rate statistics of domestic abuse in the …”

Index S. 329-334

„… , 213–214, 216–217, 217, 217–218, car travel, 101219, 222; abuse, 219; alcoholism child care, 2, 5, 36 …” „… Drug Abuse relief societies, 193(NIDA), 213 resources, 125, 126, 136, 145, 147, 155,Navy-Marine Corps …” „… , 125, 126 stress reducing techniques, 208redeployment, 113, 119, 123 substance abuse, 110, 163, 213–214 …”

11 Family Separation and Deployments S. 109-130

„… with regard to housing and home ownership,substance abuse, and incarceration, has caused excessive …” „… abuse, incarceration, and the other stressors afore-mentioned can be viewed as the result of missed …”

Preface

„… and Insurance 18316 Coping with Stress 20517 Substance Abuse 21318 Domestic Violence 233vvi CONTENTS19 …”

15 Health Care and Insurance S. 183-204

„… arising from a deployment to domesticviolence, including spousal or child abuse. Fortunately, vital …”

14 Coping with Loss and Death S. 161-182

„… risky, antisocial, or illegal behavior),substance abuse• Appetite and/or sleep changes• Physical …”

4 Adoption S. 37-42

„… Therapist Skilled in Adoption”• “Parenting a Child Who Has Been Sexually Abused: A Guide forFoster and …”

doi.org/10.5771/9781442227491

Anca Daniela Chirita - The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU

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Anca Daniela Chirita

The German and Romanian Abuse of Market Dominance in the Light of Article 102 TFEU

Reihe: Schriften des Europa-Instituts der Universität des Saarlandes - Rechtswissenschaft

Band 82 2011

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Exclusionary Abuses S. 133-142

„… welfare as a standard to the abuse-ofdominance policy with regard to limiting production, distribution, or …” „… 133 IV. Overview of the Key Common Features of the Abuse of Market Dominance Article 6 RCL is, in …” „… any such abuse; the special clause of Section 19(4) is similar to both Article 6(1) and Article 102(2 …”

Hindrance Abuse S. 286-290

„… insufficient to cover the dominant undertakings’ costs.2. Hindrance Abuse Under Section 20(1), unfair hindrance …” „… abuse originates in unfair competition law. Generally, hindrance abuse includes unjustified differential …” „… prohibition of discrimination as a major form of hindrance abuse, Section 20(4) applies to competitor-related …”

Exploitative Abuse S. 142-143

„… Abuse Exploitative abuses are dealt with in Section 19(4) 2nd sentence which refers to the conduct of …” „… of «as-if» competition556inferred abuse from a comparison of the alleged «unreasonable» or «excessive …” „… However, preventing abuse is easier than controlling abuse. Therefore, excessive pricing had been more …”

Abuse of Intellectual Property Rights: A New Exploitative Abuse of Property Rights? S. 307-314

„… facilities.12614. Abuse of Intellectual Property Rights: A New Exploitative Abuse of Property Rights? Despite …” „… case on the abuse of intellectual property rights, recently, the CC ruled on Novartis’s possible …” „… deemed the sole ownership of the patent rights as insufficient to denote abuse in the case of legal …”

Discrimination as a Structural Abuse S. 143-145

„… 143 However, preventing abuse is easier than controlling abuse. Therefore, excessive pricing had …” „… . Discrimination as a Structural Abuse As a form of structural abuse, German competition law has a distinctive …” „… feature of abuse of dominance as it covers two major types of discrimination as a distinct …”

The Abuse of Economic Dependence S. 145-146

„… differential treatment, which applies merely to customer or supplierrelated cases.5624. The Abuse of Economic …” „… dependence as a concept is related to both discrimination and hindrance abuse, especially to refusal to …” „… competence in the area of price control and it established a presumption of abuse in the energy sector where …”

Stricter National Abuse of Market Dominance Rules S. 22-24

„… 22 3. Stricter National Abuse of Market Dominance Rules According to Regulation 1/2003, Member …” „… allows Member States to continue applying national abuse of dominance rules and to achieve a stricter …” „… competent to apply their national laws on the abuse of dominance in parallel with Article 82 EC. The …”

The Dominant Position and the Concept of Abuse S. 82-104

„… grant any advantages. 3. The Dominant Position and the Concept of Abuse a) The Definition of a Dominant …” „… circumstances an undertaking could abuse its position by preventing effective competition being maintained in …” „… setting of this concept. b) A Comparative Understanding: An Objective v a Subjective Concept of Abuse …”

Abuse of Economic Dependency: A Gap under Article 102 S. 322-325

„… undertaking through long-term supply contracts. 6. Abuse of Economic Dependency: A Gap under Article 102 …” „… Section 20 ARC, which applies to nondominant undertakings, particularly its abuse of economic dependency …” „… «over»enforced Article 102 beyond the strict letter of the law, i.e. the jurisprudential definition of abuse as …”

The Legal Background of the Abuse of a Dominant Position S. 19-22

„… Legal Background of the Abuse of a Dominant Position In order to join the Union, Romania had to bring …” „… Article 82 EC16 was a means of replacing the legal vacuum in the abuse of dominance policy area by …” „… incorporation in Article 6 RCL. Article 6’s prohibition of abuse of a dominant position, therefore, is similar …”

Establishing Market Dominance S. 74-79

„… 74 III. Distinctive Features of Romanian, EU, and German Abuse of Market Dominance The conditions …” „… that are essential for establishing any abuse of market dominance deserve an a priori examination, as …” „… competition authorities are expected to apply such distinctive key elements before a violation of abuse of …”

Brief Overview of Short-Term or Other Policy Goals S. 68-74

„… . Therefore, a more economics-based approach to the abuse of dominance policy needs guidelines as a general …” „… each competition system, some explanations must be given regarding the extent to which the abuse of …” „… applied, fair competition becomes crucial to all the anti-215 J. Vickers, Abuse of Market Power, 115(2005 …”

Consistency v Legal Certainty in light of the Form and Effects-based Approach S. 168-173

„… over-deterrence and criminal abuse-of-dominance policy and, to an even greater extent, the controlling market …” „… Approach The EU case law on the abuse of dominance rejects any consumer-welfare standard.642 It is …” „… clear her intention to ensure that the Commission’s policy on the abuse of dominance is that such abuse …”

Brief Historical Overview of National Competition Laws S. 15-19

„… 15 A. A Comparative Review of National Abuse of Market Dominance LawsThe comparative approach …” „… within this section aims to ensure a better understanding of the legal and economic concepts of the abuse …” „… I. Introduction to the Comparative Review of the Abuse of Market Dominance In the past decade …”

Joint Dominance and Oligopolies S. 127-133

„… difficult to quantify the abuse committed by price-fixing.491Another case concerned the position of …” „… 19(1) ARC, the abuse of a collective dominant position is prohibited where a dominant position is held …” „… collectively dominant undertakings. Thus, in casu, an abuse could be assumed only if the predatory pricing was …”

Introduction to the Challenges and the Gaps of the Guidance Paper S. 158-162

„… approach is, indeed, the way forward for the EU abuse-of-dominance policy. Beginning with the …” „… that justify introducing the special focus upon consumers for its abuse-of-dominance policy, such as …” „… Guidance Paper Indeed, the extent to which EU competition law on the abuse of dominance has been …”

The Methodological Approach to Efficiencies and Case Law S. 180-190

„… still not counteract the abuse-control policies unless a huge burden of proof were to be put on dominant …” „… or predatory pricing.697 Therefore, a dominant undertaking is likely to escape a finding of abuse …” „… makes it possible to substantiate an abuse based on its effects on the relevant market. Thus, under …”

Brief Overview of Remedies, Penalties, and Judicial Review S. 222-229

„… situation and prevent the abuse from repeating, bearing the burden of proof, it could request the court to …” „… 2000-2004.891 The CC failed to examine sufficiently the claims of alleged abuse of a dominant position at the …” „… grounds on the basis of which it was possible to start an investigation into the abuse of a dominant …”

Brief Overview of Responses and Concluding Remarks S. 196-201

„… final consumers in implementing such a specific policy as the abuse-of-dominance. 1. Introduction As has …” „… is satisfied in favour of a finding of abuse, for example, if the recipient has made …” „… to supply an existing relationship is intended to prevent abuse rather than control. This has not …”

Excessive or Unfair Pricing and Unfair Trading Conditions S. 236-242

„… , which could substantiate abuse based on the specific provision of Article 6 (a). After five years of …” „… CVR, two of the four market players, were found guilty of abuse of a dominant position in the …” „… regard to the market sharing agreement and the identification of local markets and not to the abuse of a …”

Dependence upon a Certain Undertaking S. 314-319

„… 314 VI. Abuse of Economic Dependency Under Article 102, the concept of economic dependency is void …” „… inspired it, the concept has been applied more to essential facilities cases than to discriminatory abuses …” „… briefly the abuse of dependency. Recently, following a complaint filled in by Sterom Câmpina, the CC …”

Reconcilable Tensions of the New Shift S. 165-168

„… harmful conduct» and direct harm leads to over-deterrence and criminal abuse-of-dominance policy and, to …” „… even more obvious in the area of abuse of dominance, with balancing being based on the assumption that …” „… between what should be allowed and what should not.639 For example, in the area of abuse of dominance, the …”

Technological Tying v Interoperability in the Software Industry S. 294-298

„… , the Commission investigated IBM for two alleged infringements of abuse of a dominant position in the …” „… interpretation be paramount for the abuse of a dominant position under Article 102, if the latter were not …” „… perspective of exclusionary «anti-trust» intervention, but also needs an additional finding of abuse based on …”

The Assessment of Market Dominance S. 112-127

„… based on market shares fewer cases of abuse of dominance have been found by the CC. In the case of …” „… significant role in the FCO’s decisional practice regarding abuse of dominance as compared to mergers.423 …” „… , German oligopolies are efficiently able to establish abuse earlier, namely, when an undertaking does not …”

The Relevant Markets S. 104-112

„… geographical markets under both Romanian and the German abuse of market dominance cases and offers recent …” „… market compared to an ex postanalysis conducted in abuse of dominance cases.360 This distinction was …” „… upheld in a 2006 case on abuse of dominant position and market sharing on the TV cable services market …”

Concluding Remarks S. 220-222

„… requirements, must not trespass on the area of abuse of dominance. Furthermore, having Article 12 amended as an …” „… requirements for the abuse of dominance policy. Article 169(2)’s high level of consumer protection can be …” „… abuse from repeating, bearing the burden of proof, it could request the court to order the following …”

Refusal to Supply S. 300-302

„… repairers was, however, denied because the Commission established the abuse based on the finding that the …” „… , the dominant undertaking abuses its privileged position to induce them to accept certain trading …” „… as in Commercial Solvents.1231Because the finding of abuse was based on the finding of an abrupt …”

Refusal to Grant Access to Essential Facilities S. 302-307

„… sufficient to denote abuse. Otherwise, the German competition law would aim to assist undertakings to resist …” „… denote abuse if a dominant market position existed in the market for the allocation of the relevant …” „… (Article 14) as being allegedly against shared use of facilities.12614. Abuse of Intellectual Property …”

The Union’s Present Unfair Competition Case Law S. 361-370

„… 361 competence to enforce exclusionary and exploitative abuses. The unfair exploitation could be …” „… an abuse of a dominant position insofar as the information to be disclosed is not the object of such …” „… the objective concept of abuse of dominance. Thus, the General Court relied on the subjective concept …”

Introduction S. 201-202

„… final consumers in implementing such a specific policy as the abuse-of-dominance. 1. Introduction As has …” „… already been noted, the Reform Treaty’s major policy objectives for the abuse of dominance policy refer to …” „… Continental Can, the interpretation of abuse by reference to a single Community objective has determined the …”

Distinctive Features in the Light of the Eighth German Amendment S. 146-150

„… a presumption of abuse in the energy sector where the prices charged by a 565 See B.Ch.VIII. 566 …” „… potential to conduct a price cost analysis in determining an abuse.568 Previously, the competition …” „… authorities had carried a full burden of proof for an undertaking’s potential abuse of a dominant market …”

Refusal to Deal S. 298-300

„… discriminatory effects. In order to determine abuse the key elements are the existence of two separate markets …” „… it concluded with beneficiaries.1212 Apart from discriminatory behaviour, the abuse consisted in a …” „… Hydroelectrica claimed to have suffered an abuse when the former company refused to negotiate the fees for the …”

Long-term Exclusive Agreements S. 279-284

„… France, the preliminary finding was an abuse of a dominant position in the market for the supply of …” „… Under Section 19(1), such an obligation constituted an abuse of a dominant position. 1154 HRC …” „… Düsseldorf, Case VI-U (Kart) 24/99, SW Krefeld/Europower 2003. 284 III. Discrimination and Hindrance Abuses …”

Contractual v Technological Tying S. 290-294

„… .& Ec. 707; Kühn/Stillman/Caffarra, Economic Theories of Bundling and their Policy Implications in Abuse …” „… which fewer spectators were normally expected constituted an abuse of FC Cologne’s dominant position …” „… , the Commission investigated IBM for two alleged infringements of abuse of a dominant position in the …”

Discounts and Rebates S. 270-279

„… loyalty rebates, see Dreher/Adam, Abuse of Dominance under Reform, 28(2007)4 Eur.Comp.L.Rev., 278-80; for …” „… », according to which the existence of fidelity rebates was sufficient to establish abuse, based on a …” „… sufficient elements to prove an abuse of dominance. Therefore, the analysis of buyer power and imbalance in …”

(Price) Discrimination S. 284-286

„… 284 III. Discrimination and Hindrance Abuses 1. (Price) Discrimination Articles 6 (c) and 102 …” „… . Hindrance Abuse Under Section 20(1), unfair hindrance is a market conduct that has objectively negative …” „… it abused its dominant position by setting unequal conditions for similar services to private …”

Export Sales below Cost and Dumping Pricing S. 268-270

„… national market an abuse was not retained. 9. Export Sales below Cost and Dumping Pricing As under the ARC …” „… .1098 This peculiar type of abuse arises when a firm is using its profits from domestic sales to …” „… allegedly discriminatory practices by the national postal company.1106 The Romanian Post company abused its …”

Selling below Costs S. 252-257

„… sufficient to denote abuse. In both cases, the predatory intent is a plan to eliminate a competitor and a …” „… hindrance abuse. Within the meaning of Section 20(2) 1st sentence, Wal*Mart enjoyed a superior market …” „… , the largest national tobacco producer, had abused its dominant position in the Romanian tobacco market …”

Titelei/Inhaltsverzeichnis S. 2-10

„… WeitzelAnca Daniela Chiri??The German and Romanian Abuse of Market Dominance in the Light of Article …” „… 978-3-8329-6435-15Table of Contents Preface 11Caveats 13Acknowledgements 14A. A Comparative Review of National Abuse …” „… of Market Dominance Laws 15I. Introduction to the Comparative Review of the Abuse of Market …”

An Empirical Classification of Abusive Practices and Future Challenges S. 230-235

„… difficulties they have experienced as well as recent EU cases on the abuse of dominance. The methodology …” „… provide a broad understanding of the national public enforcement on the Union’s abuse of market dominance …” „… on the abuse of dominance, where the prevention feature of oligopolies and the pragmatic intervention …”

Bibliography S. 383-395

„… edn, 2006. Behrens, Peter: Comment on: Abuse of market power: Controlling Dominance or Protecting …” „… Law, 4(2008)2 European Competition Journal. ChiriY<, A.D.: The Abuse of Dominant Market Position …” „… Review. ChiriY<, A.D.: The Abuse of a Dominant Position under Romanian Antitrust Law – Principles and …”

Final Concluding Remarks S. 342-346

„… , market openness, prevention-competition and hindrance abuse, economic dependence and economic viability …” „… hindrance abuse that is also present under EU case law. Thus, Article 102 lacks any explicit mention of …” „… that involves applying hindrance abuse where the anti-competitive behaviour hinders competitors while …”

Predatory Pricing S. 245-252

„… Stadtwerke Völkingen,974 the FCO also examined the abuse of a dominant position on the basis of Sections 19(1 …” „… , the «intent to preempt rivals» was sufficient to denote abuse because Wanadoo had engaged in predatory …” „… insufficient to denote abuse in the absence of direct evidence,987 but the recoupment of losses was not …”

The Teleological Interpretation of Article 12 to Article 102 S. 217-220

„… to cause a shift in the area of abuse of dominance with emphasis upon consumer effects or upon the …” „… narrow understanding of the interests of consumers as those of final consumers for the abuse of dominance …” „… balancing of policy objectives that could spill into the area of abuse of dominance,881 as the Commission …”

Anti-competitive Foreclosure and Consumer Harm S. 173-176

„… bringing the enforcement of the abuse of dominance into line with the area of merger control and …” „… restrictive agreements and from being able to apply consistent standards. For the abuse of dominance, the …” „… unfair, the Guidance Paper will enforce a deterrent mechanism of abuse of dominance policy when applied …”

Overview of Major Policy Objectives S. 27-46

„… legal and economic concepts surrounding the abuse of dominance from a dynamic perspective. The chapter’s …” „… purpose is to outline the European reform of the abuse of dominance in the light of various competition …” „… the balancing of the Treaty’s other objectives for the enforcement of the abuse of dominance policy …”

Final Remarks and Policy Recommendations for Romania S. 376-379

„… Abuse of Dominance This final part aims to offer an overall critical evaluation of the competition law …” „… reiterates the delineation of policy objectives that should be applied to the abuse of dominance policy and …” „… EU competition law. Before its accession to the Union, Romania’s law on the abuse of dominance tried …”

Economically Viable or Surviving in the Market S. 338-342

„… ».1378More interesting is that the court made the establishment of hindrance abuse conditional upon …” „… economic dependence and hindrance abuse, where interference with a non-dominant undertaking’s economic …” „… competitors’ protection. However, under Article 102, hindrance abuse is not explicitly mentioned; this is in …”

Margin Squeeze in the Telecommunications Sector S. 260-268

„… third market, implying earnings from the dominated market, was insufficient to denote abuse.1044 …” „… insufficient, as there was no evidence of abusive pricing. The presence of hindrance abuse in a third market …” „… Telekom (DT) for abuse of its dominant position in the 1042 Hossenfelder, supra n 959, para 229. 1043 …”

The Analysis and Interpretation of the Recent Romanian Amendment S. 150-156

„… . Particularly, the CC applies the provisions of Article 6(1) to the extent to which the abuse of a dominant …” „… extent to which the abuse of a dominant position may affect trade between Member States, the Council must …” „… and prevent the abuse from recurring.591As has already been explained, before this amendment, the RCL …”

National Competition Authorities S. 25-27

„… functions. Whilst enforcing Article 6 on the abuse of dominance, the CC is bound to apply Article 102 TFEU …” „… adopted its rules on the abuse of dominance modelled upon the rules of Article 102, there are few …” „… application of Article 102 and national laws on the abuse of dominance. The Bundeskartellamt or the FCO is set …”

The European Commission’s Standard: Total v Consumer Welfare S. 65-68

„… objective of the abuse of dominance policy, as ex Article 82 EC is intended to protect competition as a …” „… law», particulary the restrictions of competition or abuse, which intends to make a careful …” „… approach to the abuse of dominance policy needs guidelines as a general framework of rules and economic …”

Final Remarks for Germany S. 379-381

„… a prevention-competition concept based on hindrance abuse or impairment of competition. (9) The …” „… interpretation of competition rules. They would allow the finding of abuse based on economic dependence that …” „… would apply to non-dominant undertakings as well. Consequently, it could identify abuse and help to …”

Preface S. 11-12

„… competition laws on the abuse of dominance and public enforcement by the national competition authorities in …” „… aims to ensure a higher understanding of the legal and economic concepts of the abuse of dominance and …” „… unfair competition rules offers invaluable support in redefining the concept of abuse of dominance, in …”

The Challenges of EU Competition Law: The European Commission’s Reform Efforts S. 24-25

„… been to undertake an assessment of the abuse of dominance in the light of Article 101 and merger …” „… pro-competitive behaviour is illegal.43Inter alia, the lack of clarity surrounding the definition of an abuse of a …” „… Competition Office with merely parallel functions. Whilst enforcing Article 6 on the abuse of dominance, the …”

Concluding Remarks on the Eighth German Amendment and the Case Law S. 325-327

„… the cost analysis of the abuse of dominance has been necessary for a uniform and more economics-based …” „… has the advantage of the likelihood of effects, which prevents abuse at the earliest stage. However …” „… competition, rather than for prohibiting abuse of dominance itself and ensuring free competition. In order to …”

The As-Efficient Competitor Test S. 190-192

„… .745In conclusion, only for the sake of consistency, efficiency pleas should be allowed under the abuse …” „… types of abuse that could never fulfil the objective justification requirements, and which the Guidance …” „… standard applicable to all types of abuse under Article 102 and the objective justification. Therefore, the …”

Concluding Remarks on the Final Balancing of Policy Objectives, their Enforcement and Future Challenges S. 46-49

„… paramount competition provision for the abuse of dominance. The Preamble’s fair competition or the further …” „… position,129 or against non-dominant undertakings that enjoy superior market power and abuse their position …” „… German legislator intended to address together with the prohibition of abuse of a dominant position …”

Business or Demand-induced Dependence S. 321-322

„… contracts. 6. Abuse of Economic Dependency: A Gap under Article 102 Recently, Kokkoris recognised a gap in …” „… nondominant undertakings, particularly its abuse of economic dependency and the «superior bargaining» position …” „… of the law, i.e. the jurisprudential definition of abuse as an «objective» concept, and in terms of …”

Selected Anti-competitive Practices of the Guidance Paper S. 192-196

„… , including variable, fixed and sunk costs, was sufficient to denote abuse.765Therefore, if the Commission …” „… satisfied in favour of a finding of abuse, for example, if the recipient has made «relationship-specific …” „… existing relationship is intended to prevent abuse rather than control. This has not proven to endanger …”

The Market-Structure-Conduct Paradigm, Effective Competition, and the Objective Justification S. 61-65

„… the ARC in 1980, 1990, and 1998 added the provision that finds abuse when a dominant undertaking …” „… that performance-based competition failed to fit into Freiburg’s ambitious plans.187Therefore, abuse …” „… common test in practice. Under Section 19 ARC, an abuse exists, for example, if a dominant undertaking …”

The Standard of Proof and the Evidentiary Requirements S. 176-180

„… flexible for the public enforcement. However, establishing the existence of an abuse by showing the …” „… long run.678 Therefore, under Section 20(4), hindrance abuse focuses upon likely anti-competitive …” „… pricing.697 Therefore, a dominant undertaking is likely to escape a finding of abuse when the Commission …”

The Balancing Test: The Public Interest and Effective Competition S. 333-336

„… mentions that withholding interoperability information «may» constitute an abuse of a dominant position …” „… undistorted competition under Article 102. Before Lisbon enforcing competition rules on the abuse of dominance …” „… competing ferry operations.1360 It is, however, not in the possession, but in the abuse of such a right …”

Introduction S. 346-349

„… competitors.1387 They argue that exploitative abuses of Article 82 EC, for example unfair purchase or selling …” „… competition rules overlap the area of the abuse of dominance is to be found in the Treaty of Rome:1388 former …” „… . However the starting point may prove to be insufficient. It does not explain why exploitative abuse does …”

Performance v Prevention-Based Competition and Economic Efficiency S. 55-61

„… distinct from the concept of unfair hindrance abuse, which merely derives the notion of «competition on its …” „… prevention as intervention, whilst impediment abuses are generally those that affect the ability to compete …” „… interferes with economic freedom in order to prevent abuse. Its unfairness concern when transposed to …”

A Shift to More Effects-based Competition, Consumer Harm, and Public Policy? S. 213-217

„… consumers», which cannot be applied to the abuse of dominance policy as a whole.851 The concept of harm to …” „… , with regard to exclusionary abuse leading to consumer harm, the Commission may decide to intervene …” „… ; Mestmäcker/Schweitzer, supra n 809. This stance is, however, disputed; see cf P. Behrens, Comment on: Abuse of Market …”

Cross-subsidisation S. 259-260

„… cross-subsidisation in the third market, implying earnings from the dominated market, was insufficient to denote abuse …” „… insufficient, as there was no evidence of abusive pricing. The presence of hindrance abuse in a third market …” „… Telekom (DT) for abuse of its dominant position in the 1042 Hossenfelder, supra n 959, para 229. 1043 …”

The Historical Background of the EU Unfair Competition Rules S. 349-356

„… agreements (cartels), monopolies, and exploitative abuses that aim at «hindering» the competition or that …” „… abuse led to his original drafting of Article 102 (a) containing no reference to «unfair» at all; to an …” „… expert group introduced to Article 42 1424 Only to abuse such a position, but not to exploit it. This …”

Brief Overview of Sharp Practices of the German Act against Unfair Competition S. 156-158

„… Section 21 ARC, the alienation of customers or employees, the abuse of market power on the demand side …” „… Guidance Paper Indeed, the extent to which EU competition law on the abuse of dominance has been …” „… «modernised» is challenging. The Commission’s efforts to reform the abuse of dominance rules with the aim of …”

Super-dominance v Paramount Market Position S. 327-329

„… 327 VIII. Overview of Selected Features of German and EU Abuse of Dominance The present chapter …” „… signal that super-dominant companies cannot abuse their position to hurt consumers and dampen innovation …” „… market structure nor does it mention hindrance abuse, as under Section 20 ARC. However, the court found …”

The Elements of Unfair Competition under Article 102 S. 359-361

„… business-to-consumer acts. The paradox is that the Guidance did not mention exploitative abuse. Thus Article 102 refers …” „… to «any» abuse, but for systematic grounds this can also split the 1445 See ChiriY<, supra n 297 …” „… exclusionary and exploitative abuses. The unfair exploitation could be enforced separately. In order to create …”

Ambiguities: Where is a Clear Policy Standard? S. 162-165

„… abuse as a criterion of restraint of competition, and the Commission was unfortunately somewhat vague …” „… do not enjoy, as would be the case under Section 20(2)’s hindrance abuse and discrimination, but also …” „… decide to intervene if undertakings engage in such exploitative abuses as charging excessively high …”

Excessive Prices in the Energy and the Gas Sector S. 242-245

„… undertaking may abuse its dominant position by claiming excessive royalties for or imposing unduly onerous …” „… ARC, the FCO was not entitled to conduct a price cost analysis in determining an abuse because German …” „… customers amount to approximately € 20 million. In Stadtwerke Völkingen,974 the FCO also examined the abuse …”

The Present Relevance of the Historical Interpretation of Article 102 S. 356-359

„… undertakings are closer to a mixed approach to both exclusionary and exploitative abuses. In fact, the former …” „… prohibition not to abuse a dominant position shifts to one where one or more undertakings are prohibited from …” „… been considered to be a policy objective of the EU abuse of dominance rules,1437 but this understanding …”

The Scope of Application of the Market Dominance Laws S. 79-82

„… of Genoa, which acted on behalf of the port 246 See Article 2 RCL. For the concept of abuse, see …” „… competition law extends the area of application of the abuse of market dominance beyond the common established …” „… to grant any advantages. 3. The Dominant Position and the Concept of Abuse a) The Definition of a …”

Caveats S. 13

„… abuse of a dominant market position, their policy objectives and core principles, the analysis of …” „… theoretical and practical aspects of the abuse of dominance. Even its recourse to both the decisional practice …”

The Evolution and Role of Consumers’ Interests S. 211-213

„… the prejudice of consumers», which cannot be applied to the abuse of dominance policy as a whole.851 …” „… into account. Therefore, with regard to exclusionary abuse leading to consumer harm, the Commission may …”

Conclusions and Reasons to Enact an Unfair Competition Control Regulation Union-wide S. 372-375

„… recognition of abuse as a concept having «recourse to methods different from those which condition normal …” „… » approach to the abuse of dominance in «certain» cases that are «most 374 harmful» to consumers, which were …”

The German Economic Thinking in the Light of an Economic Constitution S. 49-55

„… likely to interfere with the abuse of dominance. A complex area of such intellectual or industrial …” „… to explain some ordo- and neoliberal concepts relevant for the abuse of dominance. Thus, the …”

Undistorted Competition and the Old Teleological Interpretation of Article 102 S. 202-203

„… the effects-based approach. Since Continental Can, the interpretation of abuse by reference to a …”

Likelihood of Effects and Competition on the Merits S. 329-330

„… the effective market structure nor does it mention hindrance abuse, as under Section 20 ARC. However …”

The Lock-in Effect: Microsoft & Soda Club S. 330-331

„… network environment. If abuse is defined as the prevention of «technical development», then, every refusal …”

Efficiencies S. 331-333

„… network environment. If abuse is defined as the prevention of «technical development», then, every refusal …”

The Control of Unfair Competition Acts: A Dynamic Interpretation S. 370-372

„… recognition of abuse as a concept having «recourse to methods different from those which condition normal …”

Undistorted Competition: High Level Protection v Consumer Welfare S. 203-205

„… is to define consumer protection requirements narrowly for the abuse of dominance policy. Having a …”

Technical Bundling and the Unfair Interoperability Advantage S. 336-338

„… to the undertaking’s commercial interests.1364In conclusion, such an abuse of dominance policy …”

The Comparative Understanding of Undistorted Competition within the Union’s Internal Market S. 205-208

„… focus since then has been largely upon exclusionary abuse, assuming the individual right of each …”

doi.org/10.5771/9783845230306

Karen A. McClintock - Preventing Sexual Abuse in Congregations

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Karen A. McClintock

Preventing Sexual Abuse in Congregations

2004

Treffer in den folgenden Teilen:

ONE: Abuse Prevention S. 1-16

„… ONE Abuse Prevention We have an epidemic of sexual abuse in the church in this decade. We can no …” „… from sexual boundary violations or sexual abuse. This book is about how to prevent that damage. Across …” „… more debilitating harassment and abuse. While I was writing this book, I learned about numerous stories …”

TEN: Abuse Reporting Policies S. 149-160

„… being abused or neglected. Definitions [Place definitions of abuse and neglect found in state laws here …” „… might exhibit. I did not know that an abused child's unusual behavior was a symptom of her abuse. I did …” „… TE Abuse Reporting Policies ur attention now turns to the protection of minors, seniors, and …”

SIX: Congregations at Risk S. 83-102

„… , including abuse. As many as one in three girls and one in ten boys has been sexually abused by age 18. The …” „… are as likely to be abused as the girls are. The shame that a victim of sexual abuse feels is often …” „… parents abused them, they will unconsciously assume that love looks lilabuse. They will seek abusive …”

NINE: Policies That Protect S. 131-148

„… abuse-reporting procedures in accordance with local, state, and federal guidelines. State laws require reporting …” „… filed. In the case that a person's conduct falls within local, state, or federal abuse-reporting …” „… actual signs of abuse to law enforcement and protection agencies. Abuse and neglect includes physical …”

Preface

„… Myer Hopkins PREF CE re you ready to abuse-proof your congregation? If one child or adult is spared the …” „… Preventing Sexual Abuse in Congregations A Resource for Leaders Karen A. McClintock THE~~ ALBAN …” „… A., 1953-Preventing sexual abuse in congregations: a resource for leaders I Karen A. McClintock. p …”

FOUR: Educating Your Congregation S. 51-68

„… Preventing Sexual Abuse in Congregations I suggest that you find out what your congregation currently knows …” „… about sexual boundaries, harassment, and abuse. Have members ever talked about sexual boundaries in …” „… who Educating Your Congregation I 53 was in treatment for abuse. She scrunched low to the floor and …”

EIGHT: Dangers in Pastoral Counseling S. 115-130

„… Sexual Abuse in Congregations necessary for handling complex sexual and mental health issues. Clergy …” „… problems. Most have only broad knowledge of issues such as family violence, child sex abuse, addictions …” „… required to talabuse. But clergy usually lack this training and might even …”

THREE: Sexual Harassment S. 33-50

„… 33 34 I Preventing Sexual Abuse in Congregations what I have learned before is different." Rules …” „… . Sexual Harassment I 35 Definition Our discussion of sex abuse in the church begins with a look at one …” „… kind of sexual abuse known commonly as sexual harassment. Sexual harassment is defined as: Any …”

TWO: Family, Generation, Culture, Congregation S. 17-32

„… junior high school, 17 18 I Preventing Sexual Abuse in Congregations and some girlfriends gave me the …” „… . When there is shame about sexual desires, behaviors, abuse, or addiction in families, the system shuts …” „… secrets about matters such as sexual abuse, adoption, affairs, homosexuality, pregnancies, and abortions …”

FIVE: Professional Roles and Romantic Relationships S. 69-82

„… and sexual abuse need particular attention. Clergy are involved in intimate moments in the lives of …” „… professionals about 69 70 I Preventing Sexual Abuse in Congregations what to do when a parishioner expresses …” „… clergywomen have experienced sexual abuse in the form of sexual harassment within their professional roles …”

SEVEN: Clergy at Risk S. 103-114

„… leaders and fully involved in 103 104 I Preventing Sexual Abuse in Congregations civic and fraternal …” „… , that there is only more public exposure of the 106 I Preventing Sexual Abuse in Congregations …” „… abuse has been acknowledged in anonymous surveys, but only recently acknowledged within the profession …”

NOTES S. 161-164

„… Sexual Abuse in Congregations 3. Ethical Standards of the American Psychological Association (1992), as …” „… .: Brooks/Cole, 2003), 71. Chapter4 1. Joy Thornburg Melton, Safe Sanctuaries: Reducing the Risk of Child Abuse …” „… Institute. 164 I Preventing Sexual Abuse in Congregations 3. Hariette Jane Olson, ed. The Book of Discipline …”

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