Friday, January 24, 2020

Aristotles View Essay -- Aristotle Philosophy Essays

Aristotle's View Is life really about the 'money', the 'cash', the 'hoes', who has the biggest gold chain or who drives the shiniest or fastest car, who sells the most albums or who has the most respect? Aristotle challenges views, which are similar to the ones held and shown by rap artists such as Jay-Z and the Notorious B.I.G., by observing that everything in the universe, including humans, has a telos, or goal in life. He states that the goal of a human life is to achieve happiness or eudaimonia. I believe that Aristotle is completely correct in his reasoning of the purpose of human nature. He even explains how happiness is different for every person, and each different type of person has a different idea of eudaimonia. He then goes on to talk about how a person must do all things in moderation, not doing the excess but at the same time doing just enough. This idea, called the "golden mean of moderation" was the backbone support to Aristotle's idea of human telos because it concluded that living a virtuous life must be the same for all people because of the way human beings are built. Aristotle argued that the goal of human beings is happiness, and that we achieve happiness when we fulfill our function. Therefore, it is necessary to determine what our function is. The function of a thing, or its telos, is what it alone can do, or what it can do best. Like the function of the eye is to see, Aristotle declared the human being as the "rational animal" whose function...

Thursday, January 16, 2020

Unfeeling Personalities

Sometimes my co-workers can be shallow, dishonest, unreliable, and generally fake when it comes to how they are at work. You can go into work one day and they are laughing and Joking with you, and the next day they can be snapping at you and treating you like you murdered someone. I usually Just deal with this at work, then go home and vent to my boyfriend about them. I never imagined that a simple test in a college class could change how I looked at my co-workers. We had to complete what is called the Golden Personality test for my FirstSemester Seminar course, which took place from March 3rd to April 26th. This test was written by John P. Golden, who is an economic and social scientist. This test that he wrote presents a way to better understand not only the type of personality we have, but also what type of personality those around us have. Taking this test was meant to show the differences and similarities between personality types, and as a result, would make us more prepared to work with all the different types of people we may come across in our lives.When I first went to take this test, I wasn't really ere about how accurate it would be, but I believe that taking this test has made working with the people in my life, such as home, work, and school, a lot less difficult. Here are my reasons why I believe this test was effective. After you take this test, which is comprised of various questions about how we react to situations, people, places, etc. , you are given an â€Å"official† personality type.This personality type is based off of your answers to the questions taken from sixteen different possible types, is represented by four letters, and each letter in the resonantly type describes aspects that stand out about your personality based upon your answers to the questions given. The test is also separated out into sections that show how you react and feel in life. The personality type that I was identified as when I took this test was an ‘ NEFF'. The letters in my personality type stand for Extroversion, Intuiting, Feeling, and Judging.The first section of the Golden Personality Test represents where and how you focus your energy in life. This could either be as an Extrovert, or an Introvert. An Extrovert is someone who enjoys being around others and focuses on people, places, etc. The opposite of that is the Introvert. Introverts like to keep to themselves, and although they still like the company of others, it is usually over the internet, such as in video games. When I took this test, my results showed that I don't really have a clear preference on how and where I focus my energy, but I may prefer to be more Extroverted than Introverted.This would mean that I focus my energy more on tangible things and people, and am a little more social and active, rather than sousing my energy on my thoughts and ideas and keeping solely to myself. I would have to say that I agree with this part of the test. I can be more social a nd tend to direct most of my energy toward people and things, but I also can be very reflective and want quiet time too. I love spending time with my friends and family, but I enjoy just sitting and being quiet in the woods by myself. Another good example of this is my music choices.If you were to look at my play list, you would see everything from Lady Gaga and Kathy Perry, to Any and Celtic Woman. The second section of this test represents how you gather your information. This can be classified as either Sensing, or Intuiting. I was classified as someone who has a slight preference toward Intuiting. This would mean that I process information in a more ‘symbolic and global fashion', and less in an ‘exact, detailed, and literal fashion'. It also means that I think more about what is possible and the big picture, rather than what are known and more practical issues.I would say that I agree with this one as well. I do a lot of both types of information-gathering, but I ten d to lean more award using my intuition. The facts' are not always 100% accurate, even though we like to think so. The world is constantly changing; including so-called fact', but our intuition stays the same and generally points us in the right direction. The next section of the Golden Personality test focuses on how you make decisions. This can be classified as either Thinking, or Feeling. This test showed that I lean more heavily toward the Feeling aspect rather than the Thinking aspect.This means that I focus more on how my decisions will affect others rather than focusing n logic and rationality. I have to agree with this because I know that I tend to make my decisions based upon how I think it will affect others around me and less on the ‘normal' way that people make decisions, which is usually based more on what is rational and logical. I like to describe it as me following my heart'. The fourth section of the test shows how you generally approach life. You can either b e classified as Judging, or Perceiving.I was classified as having a clear preference toward the Judging aspect rather than the Perceiving aspect. This would mean that I prefer an orderly, organized, and systematic approach to life, rather than a flexible and open-ended one. I would agree with this part of the test as well, except I believe I am closer to being in the middle ground of the two aspects, rather than preferring one more heavily than the other. I like order and things being organized and planned out, but I also like to Just go and do things on a whim and don't really need to plan every single detail out.The final section of the Golden Personality Test shows how you respond to daily life and what life throws at us each day. This is broken down in the test into two focuses: Tense, or Calm. This test showed that I typically respond to daily stress in more of a calm fashion rather than in a tense fashion. This means that I am more optimistic, calm, and relaxed about how thing s go in life. I agree with this section almost 100% because although I can be cautious and unsure of how things will go, I tend to be calmer and laid back about things than others.If something isn't working out, I tend to respond more in a cool and collected fashion rather than acting like it is he end of the world'. I definitely worry and am concerned with how things may go, but overall, I am cool and collected in stressful situations. This test is meant to show us what type of person we are, and in turn, make it easier to understand those around us. Overall, I would have to say that I agree with the results that this test provided for me. There are a few discrepancies with how it described my personality, but overall it was very accurate. People are diverse, and no two people are exactly alike.I believe that this test is already helping me not only utter understand how my personality comes across to others, but also to understand better those that I work with in my Job, school, an d anywhere else I come into contact and work with people. I now know why my co-workers act the way they do, and instead of Jumping to conclusions and Just thinking that they are horrible co- workers, I stop and take a look at what is going on with them. Sometimes there is a good reason they are acting the way they are. I am being more empathetic, less judgmental, and I am taking a closer look at the world around me and the people in it.

Wednesday, January 8, 2020

Anti-competitive activity in the single market - Free Essay Example

Sample details Pages: 10 Words: 2895 Downloads: 3 Date added: 2017/06/26 Category Economics Essay Type Analytical essay Did you like this example? Title: Discuss the effectiveness of Articles 81 and 82 of the EC Treaty in preventing distortions to the operation of the single market ANSWER In The Wealth of Nations [1], published in 1776, Adam Smith reasoned that countries should strive towards the economic goal of a perfectly free market. He argued that a market undistorted by impediments and barriers to the free play of trade would allow the most efficient and successful producers to perform at an optimum capacity and produce substantial economic benefits for all participants in the market, and he stressed that such benefits could not be obtained in markets where competitive conditions had not been optimised. The European Union adopted this theory from its inception in the 1950s in the form of the European Economic Community. Don’t waste time! Our writers will create an original "Anti-competitive activity in the single market" essay for you Create order The competition law provisions of the Treaty of Rome[2] have always been fundamental to the organisationà ¢Ã¢â€š ¬Ã¢â€ž ¢s philosophy and drive towards the integration and refinement of the national economies of its member states and thus of the combined economy of the Single Market, which grew out of the Common Market when the EU itself was established by the Treaty on European Union (Maastricht Treaty) in 1992.[3] The main competition law rules, which are now to be found in Articles 81 and 82 EC[4] are directed at controlling the behaviour of private firms. These articles will be explained and discussed in turn. Article 81 EC: à ¢Ã¢â€š ¬Ã‹Å"The Community Cartel Busterà ¢Ã¢â€š ¬Ã¢â€ž ¢ It is obvious that a market is likely to be distorted if undertakings which under normal, healthy competitive conditions should be operating in competition with one another choose instead to cooperate with each other in order to manipulate the market in their favour. This form of cooperati on inevitably causes laxity and weaknesses in the flux of trade which negatively affects the market as a whole serves to impact on the interests of consumers served by the market. Consequently the European Union maintains a comprehensive prohibition on such cooperative activity in the form of Article 81. This Article is assiduously enforced and swingeing penalties can and are imposed on companies found to infringe it. The text of Article 81(1) states as follows: à ¢Ã¢â€š ¬Ã…“The following shall be prohibited as incompatible with the common market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the common market, and in particular those which: a) directly or indirectly fix purchase or selling prices or any other trading conditions; b) limit or control production, mar kets, technical development, or investment; c) share markets or sources of supply; d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.à ¢Ã¢â€š ¬Ã‚  Following from this wide-ranging and far-reaching clause, Article 81(2) provides that any agreements or decisions covered are automatically void. Of course, a provision is only as effective as its practical interpretation and application.. Consonant with the overarching objectives of the European Union of market integration and efficiency, the European Court of Justice has consistently shown itself prepared to interpret the essential concepts and terms of Article 81 with full contextual and purposive force. This interpre tative policy has been adopted so as to lend the provision the greatest possible scope and utility in its role as a guardian of market competitiveness. The term à ¢Ã¢â€š ¬Ã…“undertakingà ¢Ã¢â€š ¬Ã‚  is for example, central to the application of the provision. It is left undefined in the Treaty but the European Court has chosen to interpret the word in the widest conceivable sense to embrace à ¢Ã¢â€š ¬Ã…“any legal or natural person engaged in some form of commercial or economic activityà ¢Ã¢â€š ¬Ã‚ : Commercial Solvents Corp v Commission.[5] Many different forms of entity have been deemed to constitute à ¢Ã¢â€š ¬Ã‹Å"undertakingsà ¢Ã¢â€š ¬Ã¢â€ž ¢ for the purposes of the provision, hence allowing its application. These include public undertakings where they are found to participate in commercial activity as in the case Bodson v Pompes Funebres des Regions Liberees[6]. Partnerships were also found covered by the term in Commission Decision (73/323) Re William Prym-Werk e[7]. Interestingly, economically active individuals including for example an opera singer in Re Unitel[8] and an inventor in AOIP/Beyrard[9] have also been ruled to qualify as undertakings. Moreover, in circumstances where such act in a commercial or quasi-commercial endeavour even non-profit making organisations and charitable organisations can be held to constitute undertakings: see Commission Decision GVL.[10] The scope and power of Article 81 can be underlined by the fact that due to the European Court of Justiceà ¢Ã¢â€š ¬Ã¢â€ž ¢s application of the principle of extraterritoriality, even companies based exclusively outside the European Union and its Single Market can be brought to book under the competition provision if their activity falls within Article 81 and it has an anti-competitive impact on the flux of trade within the Community. The Ahlstrom (Wood Pulp)[11] case involved companies based in Scandinavia (which at the time of the litigation was still outside the EU) and North America that had conspired to manipulate prices for wood pulp which had artificially influenced the EU market. The Commission initiated Article 81 action against the companies and the European Court found against them, grounding its jurisdiction on the location of the effect of the behaviour of the companies and not on the location of the companies themselves. The Article 81 provision that agreements must be between undertakings is also very generously interpreted and applied so as to give full expansive force to the prohibition. It is submitted that the only situation in which the Court of Justice will typically refrain from acting against companies in a cooperative relationship is where those companies are in a parent-subsidiary situation. The reason for this is that such companies to all intents and purposes combine to comprise a single economic unit and therefore no competitive relationship would usually exist to be compromised in the first place. An example can be found in Centrafarm BV v Sterling Drug Inc[12]. In similar fashion, the effectiveness of Article 81 has been ensured by the Court of Justice by its definition of the central concept of à ¢Ã¢â€š ¬Ã…“agreementà ¢Ã¢â€š ¬Ã‚  as between undertakings. In the case of ACF Chemiefarma NV v EC Commission[13], for example, the Court expressly stated that even a so-called à ¢Ã¢â€š ¬Ã‹Å"gentlemanà ¢Ã¢â€š ¬Ã¢â€ž ¢s understandingà ¢Ã¢â€š ¬Ã¢â€ž ¢ between competitive companies would justify prohibitive sanction if it was found to amount to: à ¢Ã¢â€š ¬Ã…“the faithful expression of the joint intention of the parties to the agreement with regard to their conduct in the Common Market.à ¢Ã¢â€š ¬Ã‚  As for the concept of agreement itself, the utility and efficacy of the prohibition is also maintained by the fact that the European Court does not concern itself with the distinction between vertical and horizontal agreements in its application of Article 81. Vertical agreements can be defined as those between undertakings at different levels of the market. Such an agreement might be made between a manufacturer and a wholesaler or retailer, and a tying or tied agreement is one example. On the other hand, a horizontal agreement is deemed to be those which are struck between undertakings operating at the same level of industry. Horizontal agreements therefore include those made between two manufacturers or two wholesalers in a market, and such arrangements might amount to, for example, price fixing. The point is that the Court is unconcerned with the differences between the two classes of agreement: both forms of cooperation are potentially anti-competitive and both are accordingly prohibited as detrimental to the free play of commerce in the Single Market. Article 81 also includes the concept of the à ¢Ã¢â€š ¬Ã‹Å"concerted practiceà ¢Ã¢â€š ¬Ã¢â€ž ¢. This is clearly in place to allow the Court of Justice to rule against undertakings who attempt to avoid even th e loose interpretation of à ¢Ã¢â€š ¬Ã‹Å"agreementà ¢Ã¢â€š ¬Ã¢â€ž ¢ by operating deliberately secretive, subtle and casual arrangements between themselves.. However, the efficacy of Article 81 is such that even this much less tangible species of collusion than agreements or decisions is caught by the provision. Cooperatieve Vereniging Suiker Unie UA Ors v EC Commission[14] is a leading case on the issue, where the court stressed that a concerted practice would be found where 3 elements are found to co-exist: 1. Coordination in some form must replace the independent action between undertakings; 2. Coordination must be maintained by some form of contact, be it direct or indirect; 3. The object of the coordination must be to à ¢Ã¢â€š ¬Ã‹Å"remove in advance any uncertainty as to the future conduct of their competitorsà ¢Ã¢â€š ¬Ã¢â€ž ¢. All of these concepts are very generously applied with the aim of promoting the effectiveness and reach of Article 81. Article 82 EC Article 82 operates in partnership with Article 81 in regulating the Single Market. As stated, Article 81 endeavours to promote effective competition in the Union marketplace by prohibiting multilateral coordination, anti-competitive agreements and other economic collusions between undertakings. Article 82 in turn provides a control mechanism applicable to the unilateral conduct of single firms that enjoy what is referred to as a dominant position in the markets in which they operate.. It is argued that this simple division of responsibility and scope lends a cogent symbiosis to the relationship between these two central provisions of EU competition law. Article 82 states as follows: à ¢Ã¢â€š ¬Ã…“Any abuse by one or more undertakings of a dominant position within the common market or in a substantial part of it shall be prohibited as incompatible with the common market in so far as it may affect trade between Member States.. Such abuse may, in particular, consist in a) directly or indirectly imposing unfair purchase or selling prices or other unfair trading conditions; b) limiting production, markets or technical development to the prejudice of consumers; c) applying dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; d) making the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.à ¢Ã¢â€š ¬Ã‚  There is a manifest justification for Article 82. If an ordinary competitive firm attempts to do business on unreasonable trading terms or charge excessively high prices for its goods in a competitive market, the market will react in such a way as to ensure that the firm simply loses business and is forced to reconsider its policies or fail. However, if the undertaking has a dominant position (an economically powerful position defined by market share) within the relevant market it may have the freedom to act in such a way as to manipulate the market to its own ends without being subject to a market reaction that causes it to change its harmful business practices. Article 82 is designed to deal with just this situation, and it is submitted that it does so effectively when employed. As has been observed, the key terms and concepts of Article 81 EC are augmented by teleological and contextual interpretation. Precisely the same policy is adopted by the European Court of Justice in relation to the fundamental terms of Article 82, and for precisely the same reasons of market integrity, integration and efficiency. As in the case of all prohibitions, the effectiveness of Article 82 should be measured by its application. Market dominance is measured once the Court of Justice has defined the so-called relevant product market, which will be the specific product range and specific area within the Single Market in which it is claimed that dominance is enjoyed by the undertaking in question. As Michelin v EC Commission[15] illustrated, a product market will be found to include any product which is à ¢Ã¢â€š ¬Ã…“equivalent to or interchangeable for the specific product being marketed by the dominant companyà ¢Ã¢â€š ¬Ã‚ . This test is fundamental to the efficacy of Article 82 for compelling tactical reasons. The ultimate size and scope of the product market defined will typically be the determining factor in whether a company is considered dominant within it, with all the entailed consequences of that finding.. The interests of the Single Market consumer are considered paramount by the European Court in this regard. Product interchangeability with other products is judged from the vantage point of the consumer, taking into account the characteristics, price and uses of the product in question. Article 82 litigation is won and lost on this technical aspect of the pr ohibition. Allegedly dominant undertakings seek to contend that broad consumer preferences and uses should be adopted, for the reason that this inevitably increases the size of the relevant product market and therefore dilutes the undertakingà ¢Ã¢â€š ¬Ã¢â€ž ¢s dominance within it, making sanction under Article 92 less likely. On the other hand, the European Commission is usually at pains to argue that narrowly defined consumer preferences and uses should be adopted to reduce the size of the market for review and thus concentrate the undertakingà ¢Ã¢â€š ¬Ã¢â€ž ¢s market power within it. The issue of product interchangeability therefore necessitates an investigation into whether the scrutinised product can be replaced by other goods that satisfy the same consumer uses, expectations and demands. As Europemballage Corp and Continental Can v EC Commission[16] illustrates, if a product can be substituted then the product under review is deemed to constitute part of a larger product m arket which includes all those products found to be freely interchangeable with each other. If, because of its individual characteristics, a product cannot be easily replaced or substituted by other goods, it is deemed to form a relevant product market on its own. Given the fact that the European Court of Justice habitually prefers interpretations of EC competition law that reinforce and underpin the power of the Treaty, it can come as no surprise that the Commission normally wins the argument on market definition.. As stated, narrow market definition means it is easier to find dominance which in turn means that Article 82 can be successfully applied in more cases. The seminal case of United Brands v Commission[17] saw the Court hold that the banana formed a product market all of its own, independent to that of other fresh fruit, because it was ruled that bananas had unique qualities that distinguished them from other fruit. Taking the perspective of the consumer, the Court found that the size, shape and softness of bananas made them particularly attractive to certain ends of the market, including the elderly and the very young (which share a distinct lack of teeth necessary for the consumption of firmer kinds of fruit.) EU Competition Law Sanctions The end product of any prohibitionà ¢Ã¢â€š ¬Ã¢â€ž ¢s effectiveness can be found in the sanctions that it imposes. It is submitted that Article 81 and 82 can certainly be deemed effective based on the penalties levied for their breach. Moreover, the European Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s commitment to the efficacy and enforcement of these competition provisions is also manifest on perusal of the penalties it has endorsed. Fines of up to ten per cent of annual turnover can be imposed in cases of breach of Articles 81 or 82. In light of the fact that many of the undertakings concerned are global enterprises with vast turnovers the penalties involved can and are often draconian in size. In Tetra Pak Rausing SA (II) v Commission[18] in 1991 a single fine of 75 mECU was levied against the Scandinavian-based carton board company. 1994 saw a total fine of 248 mECU was imposed on key members of the Cement Producersà ¢Ã¢â€š ¬Ã¢â€ž ¢ Cartel[19] and the Austro-German car manufacturer Volkswagen suffered an individual penalty of 102 mECU for abuse of its dominant position in 1998.[20] Concluding Comments As has been discussed, Articles 81 and 82 of the Treaty of Rome operate effectively and in symbiotic partnership to combat anti-competitive activity in the Single Market. These provisions are lent power and efficacy by the generous and purposive interpretative stance of the Court of Justice and the proactive attitude of the European Commission.. The terms of the Articles themselves are, it is submitted, about as comprehensive and effective as they could be. The enduring weakness of the EU competition enforcement regime, if there is one, lies not in the text of the legal framework but in the lack of resources, in terms of time and manpower, devoted to the policing of the market. THE END GLOBAL DOCUMENT WORD COUNT : 2840 (answer only 2695) I have allowed a small overrun because I decided it was appropriate to reproduce the text of Article 81 and 82 in the answer in extenso and these words should not be counted. BIBLIOGRAPHY Adam Smith, The Wealth of Nations (1776) (Great Minds Series) (1991) Prometheus Books.. Steiner and Woods, Textbook on EC Law, (2003) Blackstone Press. Treaty establishing the European Economic Community: Tillotson and Foster, Text, Cases and Materials on European Union Law, (2003) Cavendish Publishing Kent, P., Law of the European Union, (2001) Longman Recent Guidance on Fining Policy, Spink, P., [1999] European Competition Law Review, 101-108 Cases as footnoted 1 Footnotes [1] Adam Smith, The Wealth of Nations (1776) (Great Minds Series) (1991) Prometheus Books. [2] See the consolidated version of the Treaty establishing the European Economic Community: [3] See for further comment and elaboration: Textbook on EC Law, Steiner and Woods, (2003) Blackstone. [4] Previously Article 85 and 86 EC (the Treaty of Rome was renumbered by the Amsterdam Treaty). [5] Cases 6 7/73 [1974] ECR 233. [6] Case 30/87 [1988] ECR 2479. [7] 1973 OJ L296/24. [8] [1978] 3 CMLR 306. [9] (1976). [10] (1983). [11] Cases 89 125-129/85 [1993] 1 CEC 466. [12] Case 15/74 [1974] ECR 1147. [13] Case 41/69 [1970] ECR 661. [14] Cases 40-48 114/73 [1975] ECR 1663. [15] 322/81 [1983] ECR 3461. [16] 6/72 [1973] ECR 215. [17] C27/76 [1978] ECR 207. [18] T-51/89 [1991] 4 CMLR 334. [19] Decision 94/815 [1995] 1 CEC 2092. [20] Recent Guidance on Finin g Policy, Spink, P., [1999] European Competition Law Review, 101-108.