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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

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

Volume 82 2011

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Discrimination as a Structural Abuse S. 143-145

„… . Discrimination as a Structural Abuse As a form of structural abuse, German competition law has a distinctive …” „… to identify markets that were sufficiently comparable. Their structural differences may have been …” „… feature of abuse of dominance as it covers two major types of discrimination as a distinct …”

Exploitative Abuse S. 142-143

„… detailed evaluation of all relevant interests of the parties concerned.5593. Discrimination as a Structural …” „… markets that were sufficiently comparable. Their structural differences may have been significant and it …” „… Abuse As a form of structural abuse, German competition law has a distinctive feature of abuse of …”

Hindrance Abuse S. 286-290

„… loop access and discriminatory practices through its structural discrimination as a result of Wanadoo’s …” „… discrimination against wholesale suppliers to the advantage of retailers. Previously, the Commission had found a …” „… price discrimination. Lufthansa was prohibited from charging prices for passenger flights on the …”

(Price) Discrimination S. 284-286

„… excessive price for the local loop access and discriminatory practices through its structural discrimination …” „… 284 III. Discrimination and Hindrance Abuses 1. (Price) Discrimination Articles 6 (c) and 102 …” „… prohibit any price discrimination by dominant undertakings under the following conditions: the existence of …”

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

„… obligations. It can also impose any behavioural or structural corrective measures that are proportionate with …” „… the infringement and therefore necessary for bringing the infringement to an end.901 Structural …” „… would be more expensive than a structural remedy. Under German civil law, contracts that are based on or …”

Titelei/Inhaltsverzeichnis S. 2-10

„… . Exploitative Abuse 1423. Discrimination as a Structural Abuse 1434. The Abuse of Economic Dependence 14575 …” „… Pricing 26810. Discounts and Rebates 27011. Long-term Exclusive Agreements 279III. Discrimination and …” „… Hindrance Abuses 2841. (Price) Discrimination 2842. Hindrance Abuse 286IV. Tying and Bundling 2901 …”

Exclusionary Abuses S. 133-142

„… dealt with in Section 19(4) 4th sentence;510 and the prohibition of discrimination and unfair hindrance …” „… practices to be prohibited, such as any type of discrimination in the form of unfair pricing or contractual …” „… compete, discrimination abuse as unjustified discriminatory practices, by demanding unreasonable payment …”

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

„… , challenged some preconceptions. In particular, the bundling was justified by the «structural 1365 FCJ …” „… discrimination. Thus, the sole ownership of exclusive licensing does not lead to the creation of an independent …”

Bibliography S. 383-395

„… , Simon: Price Discrimination under Article 86: Political Economy in the European Court, 44(1981) Modern …” „… . 387 Gerard, Damien: Price Discrimination under Article 82 EC: Clearing up the Ambiguities, 7(2005 …” „… .: The Parallels Between the Harvard Structural School and Article 82 EC and the Divergences Between the …”

doi.org/10.5771/9783845230306

Victoria Asaba Chege - Multidimensional Discrimination in EU Law: Sex, Race and Ethnicity

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Victoria Asaba Chege

Multidimensional Discrimination in EU Law: Sex, Race and Ethnicity

Series: Arbeits- und Sozialrecht

Volume 118 2011

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Beyond equality law – structural intersectionality at the interface of anti-discrimination law and other policies – The European Employment Strategy (EES) S. 338-347

„… – structural intersectionality at the interface of anti-discrimination law and other policies – The European …” „… 338ports the view of the ENAR that essential though it remains, ‘non-discrimination still forms …” „… Employment Strategy (EES) Some of the factors comprising the socio-economic context of discrimination faced …”

Identifying the socio-context S. 333-335

„… 333B. Addressing structural intersectional discrimination in EU equality law Structural …” „… anti-discrimination law Structural intersectionality as such does not explicitly feature in EU equality law. Inherent …” „… structural discrimination.230 Thus its ability to remedy the social-economic context is limited. There is …”

Redressing the social context through anti-discrimination law S. 335-338

„… 335II. Redressing the social context through anti-discrimination law Structural intersectionality …” „… accommodation can be employed to address structural intersectionality. 1. Indirect discrimination Being a group …” „… this respect been criticised for not being able to effectively respond to structural discrimination.230 …”

The concepts and conceptions in equality law S. 326-333

„… indication of structural discrimination, which might exclude particular groups from certain areas and confine …” „… See generally Makkonen, Measuring Discrimination, i.e. at p. 15 f. 333B. Addressing structural …” „… intersectional discrimination in EU equality law Structural intersectionality is one of the other three strands …”

Final remarks S. 229-230

„… particularly includes segregation and structural discrimination. To a great extent therefore, EU equality law …” „… ethnic minority women are often found in poorly paid job-segregated areas.353 2. Structural …” „… indirect discrimination, positive action and reasonable accommodation of disabled persons, which as this …”

Intersectionality revisited S. 53-61

„… 53the Danish Institute for Human Rights, and overlapping discrimination seem to be variations of …” „… the additive approach, in which the time factor and source of discrimination play a role, this work …” „… discrimination to that of one standing at a road intersection with cross cutting and overlapping avenues and …”

Addressing inconsistencies S. 317-326

„… are irrelevant. Their explanation concerning the structural level seems to imply that certain …” „… with more structural disadvantage than others. The latter was more or less established in the chapter …” „… structural backgrounds varied along ethnic and gender lines. Addressing such structural disadvantage or …”

Issues not addressed S. 228-229

„… for sex discrimination. In a way therefore, the ground of nationality was given a preferential …” „… judicial creativity in this aspect, as well as of a general awareness of multidimensional discrimination …” „… of effectiveness recommends to the signatories to consider it as discrimination.346 The UK Race …”

Conclusion and final theses S. 349-376

„… capital, structural and institutional discrimination. To facilitate intersectional claims of ethnic …” „… intersectional discrimination into Title VII of the American Civil Rights Act;2 the Canadian Supreme Court was …” „… recommends the introduction of an explicit prohibition on multidimensional discrimination into EU equality …”

Table of Contents S. 9-16

„… structural intersectional discrimination in EU equality law 333 I. Identifying the socio-context 334 II …” „… principle of equality and non discrimination 28 C. Research objective 31 D. Methodology and methods 32 I …” „… multidimensionality 43 I. Background 43 II. Conceptual structure: Additive and intersectional discrimination 45 III …”

Introducing a provision on multidimensionality S. 293-317

„… address the interrelatedness of discrimination grounds has been stressed in the previous chapters. The …” „… a framework for addressing intersectional discrimination faced by ethnic minority women is already …” „… law can be strengthened to take into account intersectional discrimination. At the end of the work …”

Research question S. 23-26

„… sex discrimination. At the same time, the existing structural background features or context within …” „… deconstructed or that the structural context of discrimination should not be ignored, applies to all persons and …” „… discrimination faced by women at the intersections of race, ethnicity and sex in the EU. Since the recent past …”

Concluding remarks S. 347-348

„… discrimination. The study contends that addressing structural intersectionality demands for the identification of …” „… different rates. The strategies make mention of combating discrimination, but they however entail no …” „… integration into the labour market include anti-discrimination policies, for example in the form of legal …”

Conceptual structure: Additive and intersectional discrimination S. 45-51

„… acknowledges and addresses the interplay between discrimination grounds with each other. In addition …” „… also interact with the structural background features like unemployment, poverty, lack of skills, among …” „… , multidimensionality is an approach to equality which avoids essentialising the experience of discrimination undergone …”

Beyond race and sex – to ethnicity/nationality and sex? S. 131

„… discrimination faced by Muslim women in both countries, and that sometimes it is hard to draw a demarcation …” „… between the reasons for discrimination.302 This finding might confirm the observation made earlier to the …” „… equally relevant when addressing intersectional discrimination in EU equality law. This observation might …”

Need for a religious dimension? S. 130-131

„… intersectionality as a discrimination claim. Any essentialist approach to the group of ethnic minority women would …” „… Bangladeshi women in the UK, might speak of a religious dimension of discrimination in addition to ethnicity …” „… Indeed, studies on the multi-level discrimination of Muslim 301 The Moving on Up? investigation reports …”

Background S. 43-45

„… critique of the single-ground or single-issue approach, that anti-discrimination law and other human rights …” „… experience, a single-issue analysis of discrimination that treats grounds as distinct and separate from each …” „… addresses the interrelationship between grounds of discrimination. By so doing, it specifically incorporates …”

Reasons for disadvantage: Beyond discrimination S. 131-133

„… discrimination faced by Muslim women in both countries, and that sometimes it is hard to draw a demarcation …” „… between the reasons for discrimination.302 This finding might confirm the observation made earlier to the …” „… equally relevant when addressing intersectional discrimination in EU equality law. This observation might …”

Evaluation and conclusion S. 85-88

„… multidimensional discrimination.313 Authors like Day and Brodsky314 fear that the reference to multidimensional …” „… discrimination in section 3.1 of the Canadian Human Rights Act could prove to be too vague to provide any …” „… address disadvantage arising from multidimensional discrimination. The study finds that the conceptual …”

USA S. 61-76

„… grounds of discrimination. Having addressed the conceptual framework of multidimensionality, stressed the …” „… complexity of human identity from an interdisciplinary perspective, as well as the role played by structural …” „… social reality of different groups. This is relevant, because to effectively address discrimination, law …”

The inconsistent levels of protection S. 189-205

„… . Available at discrimination_measures.pdf> (last …” „… discrimination of effective protection.60 Unjustified inconsistencies underline the prevalence of hierarchies,61 …” „… of the American Civil Rights Act of 1964 prohibits employment related discrimination on the grounds …”

Reasons associated with immigrants S. 121-124

„… discrimination and other neutral structural and institutional factors that nevertheless lead to disadvantage …” „… study on multi-level discrimination faced by Muslim women in the UK identifies Pakistani, Indian …” „… , Bangladeshi, Arab, Afghani and Thai women as being particularly vulnerable to discrimination at school and at …”

External barriers S. 124-129

„… opportunities’.264 1. Discrimination as a factor Research in both German265 and UK266 as well as some studies …” „… differences cannot be explained by anything but discrimination, or what is sometimes termed as the 261 Frings …” „… , ibid. 262 K. Monaghan, ‘Anti-discrimination legislation: How does the EU compare, could we be doing …”

Sex S. 136-142

„… discrimination, which had hitherto been marketoriented, acquired a new dimension most notably with the …” „… Regulation 1612/68/EEC.15 The provisions on nationality discrimination are basically directed towards the …” „… promotes the fight against discrimination on other prohibited grounds including race or ethic origin …”

Conceptual structure S. 182-189

„… Fredman (ed.), Discrimination and Human Rights, p. 16. 183reality, including historical and structural …” „… direct transfer of concepts to multidimensional discrimination cases might not always be successful. As …” „… discrimination was found to be too weak to sustain more subtle forms like intersectional claims.16 1. Conceptions …”

The United Kingdom S. 113-121

„… factors, including both discrimination and other neutral structural and institutional factors that …” „… women, although at level 2, Bangladeshi women suffer less pay discrimination as compared to their male …” „… and that full-time employment might be induced by discrimination instead. To this extent, Black women …”

Enforcement S. 205-217

„… treatment bodies meant to provide assistance to persons who have suffered discrimination have been envisaged …” „… . Equality bodies have played a relevant role ‘as drivers in combating and preventing discrimination.’166 …” „… Separate and distinct bodies remain relevant for single-ground discrimination 158 SDA, s. 35 (1A) (b). 159 …”

Literature S. 377-412

„… discrimination_measures.pdf> (last accessed 6 June 2010). European Network Against Racism (ENAR), Fact Sheet 33, Multiple …” „… ___‘Unlawful Discrimination – A New Era. An analysis of the new regulations introduced under the Race …” „… , Employment and Equal Treatment Amendment Directives in order to bring about the reform of UK discrimination …”

doi.org/10.5771/9783845227825

Anja Pistor-Hatam - Menschenrechte in der Islamischen Republik Iran

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Anja Pistor-Hatam (ed.)

Menschenrechte in der Islamischen Republik Iran

Series: Kultur, Recht und Politik in muslimischen Gesellschaften

Volume 45 2021

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Ladan Rahbari Violence Against Women in Contemporary Iran. Between State, Society and Domestic Sphere S. 117-136

„… problematization of gender-based discrimination in structural, societal, and domestic forms have been a recurring …” „… explicit and implicit forms of discrimination. Many forms of state and structural VAW converge with other …” „… different forms of structural discrimination against girls that can lead to severe forms of violence. For …”

Bibliographie / Bibliography S. 289-320

„… :// www.forbes.com/sites/ewelinaochab/2018/07/24/discrimination-or-a BIBLIOGRAPHIE / BIBLIOGRAPHY 315 …” „… : Essays in Memory of Tom Lantos, Leiden, 2018, 128–49. CEASEFIRE: Beyond the Veil: Discrimination against …” „… the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief“, in …”

Anja Pistor-Hatam Freedom of Religion in the Islamic Republic of Iran and the “Right to Have Rights” S. 213-232

„… connection that exists between the prevention of discrimination and the protection of minorities”,28 …” „… Discrimination and Protection of Minorities had offered a definition,32 “subjective criteria, such as the will …” „… particularly concerned at the continuing systematic discrimination, harassment and targeting of adherents to …”

doi.org/10.5771/9783956507168

Markus Krajewski, Matthias Reuß, Tarik Tabbara - Gesellschaftliche Herausforderungen des Rechts

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Markus Krajewski (ed.), Matthias Reuß (ed.), Tarik Tabbara (ed.)

Gesellschaftliche Herausforderungen des Rechts

2015

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Gerard C. Rowe Basics of Antidiscrimination Law — An Essay on Some Structural and Analytic Elements S. 332-356

„… essential structural characteristics of anti-discrimination law can then be appreciated through the …” „… . There are, of course, many other fundamental, and even structural, elements in anti-discrimination law …” „… Basics of Antidiscrimination Law — An Essay on Some Structural and Analytic Elements Gerard C. Rowe …”

doi.org/10.5771/9783845264035

Thomas Hoeren, Stefan Pinelli - Künstliche Intelligenz – Ethik und Recht

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Thomas Hoeren (ed.), Stefan Pinelli (ed.)

Künstliche Intelligenz – Ethik und Recht

2022

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. Algorithmic Decisions Between Process and Fairness: A Transatlantic Perspective (Guggenberger) S. 93-118

„… narrative.17 Yet, these distractions should not blur our perception of actual discrimination and structural …” „… and evi-dent structural questions of equity, the discourse around algorithmic dis-crimination, by and …” „… parameters. The field of discrimination-aware data mining is still relatively new and has to deal with …”

doi.org/10.5771/9783748929680

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