Tuesday, August 6, 2019
Effects of Drug Use during Pregnancy on Children Essay Example for Free
Effects of Drug Use during Pregnancy on Children Essay Being pregnant means more than just carrying a child in uteri for nine months. Pregnant women must watch what they put into their bodies because it will directly affect the life of their unborn child. Unborn children are totally helpless to their mothersââ¬â¢ actions and totally dependent on everything they do. All pregnant women need to be aware of the consequences of using drugs during pregnancy; drugs such as, cocaine, heroin, cigarettes, methamphetamine, and marijuana. All drugs illegal or not could have critical and long lasting effects on children throughout their whole life. What are drugs? Drugs are chemicals that can make you change the way the body works. Some drugs are worse than others but no matter which one used, during pregnancy all drugs have dreadful effects on the unborn child. The drugs cocaine, heroin, tobacco/cigarettes, methamphetamines and marijuana can affect children in different ways; however, they all should be avoided during pregnancy. Mothers need to think about their unborn child and the adverse effects using drugs will have on them not only as infants but as young children and young adults as well. Cocaine is a strongly addictive stimulant that directly affects the brain. Cocaine is one of the oldest drugs known to this day (Barbara L. Thompson, 2009). There is no safe amount of cocaine for a woman who is pregnant because any cocaine taken will transfer to the baby as well (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). Heroine is also a highly addictive drug and it is the most abused and fast acting of the opiate group. Heroine, processed from morphine, is derived from certain poppy plants. Heroin will cross over to the baby through the placenta and cause an unborn baby to be dependent on the drug. Tobacco/cigarettes are a non illicit drug and the most common drug used among pregnant woman. Tobacco products have been linked to low birth weight and Sudden Infant Death Syndrome. Methamphetamines are highly addictive substances with powerful central nervous system stimulant properties (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). Methamphetamines are considered a major drug of abuse and can cause low birth weight, miscarriages and could lead to Sudden Infant Death Syndrome (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). Marijuana is the most commonly abused illicit drug in America today. Women who use marijuana on a daily basis will operate at subliminal levels because it directly affects the way the brain works. When using marijuana during pregnancy the mother is more likely to have a miscarriage or a low birth weight baby. No matter which drug the mother is using it can be detrimental to the unborn babyââ¬â¢s health and should be avoided. Using drugs during pregnancy not only affects the baby a birth but it can affect that child for the rest of his/her life. The child can experience many difficulties in when he/she goes to school as well. Each drug is different and affects children differently. Cocaine may cause drug dependency and withdrawal symptoms at birth, as well physical and me ntal problems, especially if the mother used cocaine during the first three months of pregnancy. There is a higher risk of hypertension, heart problems, developmental retardation and learning difficulties (Gale A. Richardson, 2010). It has been reported that prenatal cocaine exposure is linked to cognitive and neuropsychological development and school functioning in 6 to 8 year olds (Gale A. Richardson, 2010). A baby who has been exposed to prenatal cocaine use by the mother is more likely to be irritable, jittery and have an irregular sleeping pattern, visual problems and problems with sensory stimulation (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). During pregnancy cocaine crosses into the placenta and enters the babyââ¬â¢s blood circulation and will stay in the blood longer than it will the mother (Using Illegal Street Drugs During Pregnancy, 2008). Using cocaine during pregnancy increases the risk of having a miscarriage in the early stages of pregnancy. During the later part of pregnancy, using cocaine can cause placental abruption which could lead to severe bleeding, preterm birth and death of the unborn baby (Using Illegal Street Drugs During Pregnancy, 2008). Also babies who are exposed to cocaine during the later part of pregnancy may experience a dependence of the drug and may be required to be weaned off the drug at birth because the child can experience withdrawal symptoms (Joan Keegana, 2010). Symptoms include tremors, sleeplessness, muscle spasms, and feeding problems for the infant. Prenatal cocaine exposure has also been linked to behavior problems among the children in school, and aggression and shoddier attention and processing skills (Delaney-Black, 2010). For children of prenatal cocaine exposure life can be difficult, struggling in school at an early age may detour that child from continuing school when they are older to achieve his/her diploma. Also the children will have all sorts of behavior issues in school. Compared to children with no cocaine exposure, children who were exposed to cocaine had drastically more mother and teacher behavior problems throughout early elementary school (Gale A. Richardson, 2010). Children of older women who used cocaine during pregnancy also experienced more difficulties in school than children born to younger mothers who used cocaine (Gale A. Richardson, 2010). Children who are exposed to cocaine prenatally were also linked to be affected by weight and height, meaning children were smaller in weight and height categories compared to their peers. Cocaine is a very powerful drug and should not be used at all and more importantly should not be used during pregnancy. Cocaine use during pregnancy could be fatal for the unborn child and does not give him/her a fair chance at life. A pregnant woman needs to think about her unborn child before she does cocaine because her child could potentially have multiple problems in school and in life. The most important reason for a woman not to use cocaine during pregnancy is it could kill an unborn child. Heroine is classified as an opiate and travels the fastest of any drug into the babyââ¬â¢s blood stream when the mothe r is pregnant and used it (Joan Keegana, 2010). Like cocaine heroin is also very addictive and the baby once born can become dependent on this drug and have to be weaned off of it (Using Illegal Street Drugs During Pregnancy, 2008). Using heroin while pregnant can affect fetal development. Heroin use has been associated with an increased risk of miscarriage and premature birth, and babies may be born smaller than average and may be prone to illness (Barbara L. Thompson, 2009). The substances that are cut with heroin may also cause problems during the pregnancy and affect the developing fetus. Injecting heroin can increase the risk of both the mother and baby becoming infected with blood-borne viruses, such as hepatitis and HIV (Joan Keegana, 2010). Pregnant women who want to stop taking heroin need to be very careful. Sudden withdrawal from heroin may harm the baby and increase the risk of miscarriage, premature birth and stillbirth (Using Illegal Street Drugs During Pregnancy, 2008). If a mother continues to use heroin while breastfeeding, it is possible that the drug will be present in her milk and may have adverse effects on the baby. Babies of mothers who use heroin will have some long-term effects. Some children at three to six years of age children whose mothers were addicted to heroin were lower in weight and height compared to the other children whose mothers did not use heroin, and impaired in behavioral, perceptual and organizational abilities. Babies born with low birth weight have been shown to have many difficulties later in life such as, language learning disabilities, behavior problems, and children are more likely to be rejected by peers and performance in school may suffer and the children may need special education courses. Heroin is a very bad drug to be addicted too, not only because of the risks it presents on the person using it, but because it has an added risk of HIV because of all the needle sharing. Using heroin or any opiate should be avoided at all time for childrenââ¬â¢s sake. Methamphetamine use during pregnancy affects development of a babys, brain, spinal cord, heart and kidneys (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). Methamphetamine use during pregnancy may result in prenatal complications, like premature delivery and birth deformities. High doses of the drug may cause a babys blood pressure to rise rapidly, leading them to suffer strokes or brain hemorrhages before birth (Barbara L. Thompson, 2009). Methamphetamine-exposed babies may experience gastroschisis and other problems with the development of their intestines (National Institutes on Drug Abuse, 2009). As a result of methamphetamine use by their mothers, some babies may suffer developmental and skele tal abnormalities and some babies are born without parts of their arms or legs (Joan Keegana, 2010). Because methamphetamine affects transmitters in the brain, babies often experience sleep disturbances and altered behavioral patterns (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). These babies have been described as irritable babies. Full-term babies born to mothers who use methamphetamine will likely have difficulty sucking and swallowing, much like premature babies. Often babies born to meth-addicted women cannot tolerate stimuli such as human touch and light. These babies often display tremors and coordination problems (Using Illegal Street Drugs During Pregnancy, 2008). Babies whose mothers used methamphetamine during pregnancy may experience learning disabilities, growth and developmental delays (Methamphetamine use During Pregnancy, 2008). The effects of methamphetamine use on brain development may last for many years. School-aged children whose mothers used methamphetamine while pregnant are more likely to be hyperactive or to have attention deficit disor ders, learning disabilities and unprovoked fits of anger (Methamphetamine use During Pregnancy, 2008). When pregnant women use marijuana it crosses into the baby through the placenta. Marijuana contains toxins that keep the baby from getting the proper amount oxygen that the baby needs in order to grow normally (Using Illegal Street Drugs During Pregnancy, 2008). Marijuana use during pregnancy is one of the lesser bad drugs; however, it could still pose detrimental problems on the growing fetus (Using Illegal Street Drugs During Pregnancy, 2008). Babies born to women who used marijuana during their pregnancy display altered responses to visual stimulation, increased tremors, and a high-pitched cry, which could indicate problems with nervous system development (Joan Keegana, 2010). During preschool and early school years, children who have been exposed to marijuana have been reported to have more behavioral problems and difficulties with sustained attention and memory than children who were not exposed (Joan Keegana, 2010). Because some parts of the brain continue to develop into adolescence, it is also possible that certain kinds of problems will become more evident as the child matures (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). Pregnant women should not to use any drugs because they might harm the growing fetus. Although one animal study has linked marijuana use to loss of the fetus very early in pregnancy, two studies in humans found no association between marijuana use and early pregnancy loss (Barbara L. Thompson, 2009). Regardless of the situation, mothers should not smoke marijuana because of the possibilities of it causing harm of the baby. Tobacco is the most commonly drug used among women who are pregnant because the quit rate is surprisingly low. Only twenty percent of woman who smoke will quit smoking completely during their pregnancy (Vanessa E Murphy, 2010). Women who are heavy smokers are less likely to quit as well. Smoking during pregnancy can cause premature birth and can cause the baby to be little. Smoking while pregnant is also linked to placenta previa, placenta abruption and sudden infant death syndrome (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). While smoking tobacco has long been linked to poor growth in a fetus and other short-term effects, it also has long-term effects on a baby whose mother smoked during the pregnancy. Only about twenty percent of women smokers who become pregnant quit (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). With all of the health effects that tobacco can have on both baby and mother, pregnant women who smoke are advised to try and quit for their own health and the health of their child (Miles, 2009). Children born to mothers who smoke tobacco tend to be more impulsive and have more trouble learning and developing. Infants whose mothers smoked while they were in the pregnant are more likely to exhibit lower scores on mental tests at age one and to have lower grades overall during the school years than children whose mothers who did not use tobacco (Vanessa E Murphy, 2010). The risk of a learning disability, such as dyslexia, rises twenty-five percent in children whose mothers smoked a pack or more of cigarettes a day. Babies born to smokers may also have lifelong birth defects that impede mental development, such as cerebral palsy or mental retardation (Miles, 2009). Those whose mothers smoked moderately or heavily during pregnancy were over four times as likely to develop type two diabetes; also called adult onset diabetes, before the age of 33, which is considered an early age for developing this type of diabetes. The children of mothers who smoke are also more likely to become obese later in life. There is also a link between fetal exposure to tobacco smoke and future risk of cardiovascular disease (Vanessa E Murphy, 2010). Children who were exposed to tobacco smoke as a fetus are more likely to develop hypertension, or high blood pressure, than the children of women who did not smoke during pregnancy (Miles, 2009). This increase was originally thought to be correlated to the low birth weight typical of babies whose moms smoked during pregnancy, but when compared with children of similar birth weight, the smokers children had higher blood pressure at ages five and six than other kids. Mothers who smoke tobacco while pregnant may also affect their babys brain in ways that last a lifetime. These children are more likely to engage in criminal behavior and to abuse drugs than the children of women who did not smoke while pregnant (Drug Babies and the Effects of Drug Abuse During Pregnancy, 2011). Overall, mothers who are pregnant should not use any type of drug from illicit to non illicit because they can all have detrimental consequences on the growing baby, not just in the womb but later in life as well. Work Cited * Barbara L. Thompson, P. L. (2009). Prenatal exposure to drugs: effects on brain development and implications for policy and education. National Institutes of Health , 10 (4), 303-312. * Delaney-Black, V. (2010). Prenatal and Postnatal cocaine exposure predict teen cocaine use. Neurotoxicology and Teratology , 110-119. * Drug Babies and the Effects of Drug Abuse During Pregnancy. (2011). Retrieved May 19, 2011, from The Good Drugs Guide: www.thegooddrugsguide.com * Gale A. Richardson, L. G. (2010). Prenatal cocaine exposure: Effects on mother-and teacher-rated behavior problems and growth in school-age children. Neurotoxicology and Teratology , 69-77. * Joan Keegana, M. P. (2010). Addiction in Pregnancy. Journal of Addictive Diseases , 29 (2), 175-191. * Methamphetamine use During Pregnancy. (2008, October). Retrieved May 19, 2011, from North Dakota Department of Health: www.nddh.com * Miles, M. (2009). Challenges for midwives: pregnant women and illicit drug use. Australian Journal of Advanced Nursing , 28 (1), 83-90. * National Institutes on Drug Abuse. (2009). Retrieved May 18, 2011, from National Institutes of Health: www.nida.nih.gov * Using Illegal Street Drugs During Pregnancy. (2008, October). Retrieved May 19, 2011, from American Pregnancy Association: www.americanpregnancyassociation.org * Vanessa E Murphy, V. L. (2010). The effect of cigarette smoking on asthma control during exacerbations in pregnant women. Thorax , 739-744.
Monday, August 5, 2019
Competition Law And Monopsony Economics Essay
Competition Law And Monopsony Economics Essay Can a buyer be the biggest bully? The classical theory of monopsony answers this question. It envisions a market scenario with only one buyer, who can use his leverage to reduce the quantity of product purchased, thereby driving down the price that he has to pay. Seldom does a monopsonistic situation arise in the market, so much so that little has been thought till date about the potential adverse impact of such a scenario on market competition. Another reason for the antitrust analysts apparent neglect of the power on the buyers side of the market may be that such power tends to reduce the selling price of a commodity, thereby causing a prima facie increase in consumer welfareà [1]à , which has always been one of the traditional goals of competition law. The said lack of emphasis, unfortunately, remains blind to the symmetry of markets: for every seller there is a buyer. Therefore, just like sellers, buyers too may have market power. In course of this research project, the researcher intends to drive home the point that price fixing and other forms of collusion are just as unlawful when the victims are sellers rather than buyers. Also referred to as the flip-side version of monopolyà [2]à , monopsony can thus have valid antitrust concerns. The primary aim of this project is to analyze the theory of monopsony from an antitrust law approach. In the first chapter initial part of the project, the researcher has provided a brief description of the standard monopsony theory and the economic implications thereof. In the next chapter, the concerns of monopsony under antitrust law will be addressed with significant emphasis on the concept of abuse of dominant position. Finally, the researcher will give examples of judicial interpretation of monopsonies. All other forms of legislative remedies dealing with monopsony fall outside the scope of this paper. B. Classical Monopsony -What does It Entail? Pure monopsony can be looked upon as the demand-side analogue of the monopolist who is a single seller. It thus follows that just as the monopolist has market power in selling its products; the monopsonist has buying power in purchasing its necessities too.à [3]à The economic grievance towards both is therefore similar too -both cause social welfare losses. From a slightly different perspective, the social welfare effects of monopsony are analogous to those of monopoly -too few resources will be employed in the production.à [4]à At the point where supply intersects with demand, the value of the good, as measured by the demand price, equals the cost to society of providing that quantity as measured by the supply price. At this point, the employment level is optimal in a social sense because all of the gains from trade have been realized, and total welfare is maximized. However, the monopsonist will not hire this number of units because it is not privately optimal to do so; it will employ a smaller quantity. As a result, too few resources will be employed, as has been stated above and the monopsonist will finally forgo potential gains from trade opportunities.à [5]à Since the monopsonist forces a lower price upon suppliers, one may infer that its costs for conversion of the intermediate good into a final one will fall as a result and consumers (of that final good) will benefit through lower prices on the monopsonists output. However, the researcher would like to differ from such inference and point out that the monopsonist does not pass on said lower costs simply because the relevant costs for pricing decisions are marginal costs.à [6]à What the researcher intends to portray is that monopsony power is to the demand side of a market what monopoly power is to the supply side. Monopoly power is indicated by the ability of sellers to raise price above competitive levels, which requires the ability to limit output. Monopsony power, on the other hand, involves the ability of buyers to lower input prices below competitive levels, which requires the ability to restrict the quantity demanded of the input.à [7]à In either case, the quantity that would be exchanged is less than the quantity exchanged under competitive conditions, and the result bespeaks allocative inefficiency.à [8]à Furthermore, the fact that the reduced input prices enjoyed by the monopsonist do not lead to reduced output prices, is, frankly, ironical. On the contrary, when the monopsonist has market power in its output market, the reduced input prices cause higher output prices. C. Monopsonist Concerns- Abuse of dominant position The Indian Competition Act, 2002à [9]à aims at preventing practices which have adverse effect on competition, to protect the interest of consumers and to ensure freedom of trade carried on by other participants, in markets, in India.à [10]à It is important to note here that the Indian Competition Act, like most other legislations introduces the concept of abuse of dominant position. This means that it prohibits only abuse of power not the mere use of it.à [11]à There are primarily three stages in determining whether an enterprise has abused its dominant position. The first stage is defining the relevant market. The second is determining whether the concerned undertaking is in a dominant position in that relevant market. The third stage is the determination of whether the undertaking in a dominant position has engaged in conducts specifically prohibited by the statute or amounting to abuse of dominant position or attempt to monopolize under the applicable law.à [12]à The competition laws of the European Union, United Kingdom, Germany and India contain a general prohibition on the abuse of dominance by undertakings/enterprises. Article 82à [13]à of the Treaty of the EC, Section 18(1)à [14]à of the Competition Act, 1988, U.K., Section 4(1)à [15]à of the Indian Competition Act, 2002, Section 19(1)à [16]à of the German Act Against Restraints on Competition and Section 2à [17]à of the Sherman Act contain provisions on abuse of dominant position. 1. Defining Relevant Market The first step in determining whether an undertaking or firm has abused its dominant position is defining the relevant market which has two broad dimensions namely, the relevant product market and the relevant geographical market.à [18]à The Indian Competition Act, 2002, defines a relevant product market and relevant geographic market. Section 2 (t) defines the relevant product market as a market comprising all those products or services which are regarded as interchangeable or substitutable by the customer, by reason of the characteristics of the product or service, the prices and the intended use. Section 2 (s) defines the relevant geographic market as a market comprising the area in which the conditions of competition for supply of goods or provision of services are sufficiently homogeneous and can be distinguished from the conditions prevailing in neighbourhood areas. There is however, no such case either in India or in other countries, where such a definition has been challenged on the grounds that it takes into account supplier side abuse as only the views of the customers attitude towards substitutability of the goods is taken. Keeping this question aside and assuming that this problem is resolved by judicial interpretation, the other elements of abuse of dominance also need to be assessed. 2. Definition of a Dominant Position While the laws of numerous countries prohibit or declare illegal the abuse of dominant position or monopoly or attempt to monopolizen of certain conduct by undertakings in a dominant position, the manner in which dominant position, monopoly or substantial degree of market power is defined is different in different countries. The concept of dominance is broader than economic power over price. It is not the same as economic monopoly, although a monopoly would clearly be dominant.à [19]à This is a clear indication of the fact that dominance is recognised as cases even apart from monopoly and thus the possibility of characterising monopsony as down-stream dominance strengthens here. Explanation (a) to Section 4 of the Indian Act defines dominant position as dominant position means a position of strength, enjoyed by an enterprise, in the relevant market in India, which enables it to- (i) operate independently of competitive forces prevailing in the relevant market or (ii) affect its competitors or consumers or the relevant market in its favour. Unlike the Monopolies and Restrictive Trade Practices Actà [20]à where a dominant undertaking had to satisfy a quantitative requirement of control over at least 1/4th of the total goods or services produced or rendered in India, dominant position under the Indian Actà [21]à is a position of strength enjoyed by an enterprise in the relevant market, in India which enables it to operate independently of competitive forces; or affects its competitors or consumers or the relevant market in its favour.à [22]à A number of factors are taken into account to determine whether a particular undertaking or group of undertakings is in a dominant position in the relevant market. The factors to be taken into account are inter alia market share of the undertaking or enterprise, barriers to entry, size of competitors and financial power of the enterprise.à [23]à However, the market share that a particular undertaking has in the relevant market is one of the most important factors to be taken into account to determine whether it is in a dominant position and under the laws of some jurisdictions, the existence of a market share of or above a specified level gives rise to a presumption of existence of a dominant position (although rebuttable).à [24]à In Hoffmann-La Roche Co. AG v Commission of the European Communitiesà [25]à , it was observed that the existence of very large market shares though a very important factor, is not constant and its importance varies from market to market according to the structure of these markets. The Court observed, Furthermore although the importance of the market shares may vary from one market to another, the view may legitimately be taken that very large shares are in themselves, and save in exceptional circumstances, evidence of the existence of a dominant position.à [26]à Competition authorities can utilise measures like buyer concentration and elasticity of supply, as well as performance measures such as profitability and relative bargaining power compared to the sellers, in order to assist them in the assessment of buyer power. The structure of the buyer and the seller markets must also be taken into account.à [27]à The number of firms is also essential in judging whether buyer concentration can provide a representative measure of buyer power. A small number of firms that account for a high share of purchases indicate that the buyer market is concentrated.à [28]à 3. Abuse of Dominant Position The Indian Act does not prohibit dominance or the presence of market power per se, and sheer market power alone, or even market dominance, does not constitute abuse of dominance. Abuse of dominance occurs when a dominant firm, or group of firms, substantially prevents or lessens competition, by engaging in acts that aim to eliminate or discipline competitors, or simply to stop potential competitors from entering the market in question. The treaty of the EC does not contain an express definition of abuse of dominance but merely lists certain conducts which, if engaged in by a dominant undertaking will amount to abuse of dominance. In Hoffmann-La Roche it was observed that, The concept of abuse is an objective concept relating to the behaviour of an undertaking in a dominant position which is such as to influence the structure of a market where , as a result of the very presence of the undertaking in question , the degree of competition is weakened and which , through recourse to methods different from those which condition normal competition in products or services on the basis of the transactions of commercial operators , has the effect of hindering the maintenance of the degree of competition still existing in the market or the growth of that competition.à [29]à In Europemballage Corporation and Continental Can Company Inc. v Commission of the European Communitiesà [30]à it was observed that, Abuse may therefore occur if an undertaking in a dominant position strengthens such position in such a way that the degree of dominance reached substantially fetters competition, i.e. that, only those undertakings remain in the market whose behaviour depends on the dominant one. In the light of the fact that the existing antitrust legislation prohibits only abuses of power, the question assumes significance as to whether in cases of either monopoly or monopsony, it would entail an abuse of market power to use that power merely to influence price. Rationality suggests that the legislative prohibition should extend only to price-only effects. However, later cases will reveal how only price-effects are not enough and that a closer look must be taken to strike down abusive case of monopsony by the judiciary. D. Judicial Trends under Monopsony- A Concern for society? Recent surveys conducted in U.K.à [31]à have revealed that the current judicial trend is towards substantive analysis, instead of the bright line testsà [32]à that were in vogue before. As a result, judges are required to appreciate in entirety economic consequences of an action, lest they commit mistakes. For example, if judiciary uses initial impact on price as the test for prohibited conduct, monopsonistic behaviour may be excused, even when it ought not to be. Such a conclusion, although erroneous, may be reached at in the following cases: first, strictly from substantive perspective, judiciary may perceive lower prices as an indicator of the harmlessness of a practice. Moreover, procedurally speaking, injury suffered by sellers who have been compelled to sell their outputs at lower prices may not qualify as antitrust injury in the traditional sense. The researcher would in this context draw attention towards a recent controversy surrounding the matter of Balmoral Cinema v. Allied Artists Pictures,à [33]à which highlights the significance of proper economic analysis of monopsony scenario. In this case, the exhibitors (buyers) colluded to refrain from competitive bidding for films offered by distributors. While such an action might have fallen foul of standard bright-line antitrust analysis as a per se unlawful horizontal agreement to fix price, the judiciary held instead that the practice of the colluding buyers was simply causing lowering of prices paid by exhibitors to distributors, which might lower prices to movie-goers at the box office, thereby facilitating rather than undermining consumer welfare. Without delving into propriety of the judgement, the researcher would like to posit that it had come perilously close to equating lower prices with overall economic benefit. It is for this very reason that in the case of mono psony, the presence of lower prices should not end the analysis because there is no correlation between an initial decrease in prices and any overall long-run benefits to consumers. E. Conclusion The aforementioned analysis clearly indicates that there is a buyer for every seller and anticompetitive conduct by buyers can cause adverse economic consequences similar to those caused by sellers anticompetitive behaviour. However, the competition policymakers are yet to fully incorporate the symmetry of markets into their analyses, instead restricting their focus solely on seller-behaviour. Especially in a country like India, monopolistic tendencies are in essence sought to be curbed. It is highly doubtful if the courts would really read monopsony into the statute and declare it bad in law as well. The Indian judiciary must strengthen the economic foundations for dealing with anticompetitive conduct by buyers too. The requirement assumes all the more significance owing to the simple statement of fact that concentration of power on the buying side of a market almost inevitably causes a decrease in price, which may tempt a judge in turn to erroneously stop substantive analysis at th at stage, or declare that the plaintiffs have not suffered antitrust injury.à [34]à In course of this project, the researcher has sought to emphasize a few matters. First, lower input prices resulting from the exercise of monopsony power do not ultimately translate into lower prices to the monopsonists customers and increased overall consumer welfare. Thus, neither the substantive nor the procedural analysis should stop with the initial impact on input price. Second, the monopsony model typically employed in many economic texts and antitrust casebooks seriously understates the variety of consequences of the exertion of monopsony power. Finally, the long-run consequences of monopsony must not be ignored. Lower input prices in the short run may mean decreases in both future supply and in ultimate, overall consumer well-being. This conclusion has implications on the debate about whether the antitrust laws should be applied usingconsumer welfare or total welfare standard. Those espousing the consumer welfare standard believe that antitrust analysis should focus on the interests of consumers who purchase a final end product or output in the chain of distribution. In contrast, proponents of the total welfare standard argue that the antitrust laws should seek to maximize societys wealth as a whole rather than focusing on any one type of market participant. The fact that many courts and enforcers outside India have not been reluctant to condemn anticompetitive buy-side conduct, which potentially poses little or no direct threat to consumer welfare, suggests a willingness on their part to take into account the interests of all market participants. Perhaps this indicates some recognition by courts and enforcers that in the long run, monopsony can ultimately be just as harmful to consumers as anticompetitive conduct occurring in the output market. While the judicial decisions may not completely resolve the debate about the consumer welfare and total welfare standards, perhaps it helps to solidify to some degree what courts and enforcers have been suggesting all along-that conduct on the buy side of the market should be treated just as strictly as conduct on the sell side of the market. Thus, the researcher hopes that the Indian law and judiciary will develop, in light of these rulings abroad to set aside the traditional perception of sellers being largely immune to antitrust violations. F. Bibliography Statutes Competition Act, 1988, United Kingdom 6 Gesetz gegen Wettbewerbsbeschrà ¤nkungen, GWB (German Act Against Restraints on Competition,1956 6 Sherman Act, United States, 1890 6 The Competition Act, 2002, No. 12 of 2003 5 The Monopolistic and Restrictive Trade Practices Act, 1969 8 Treaty of the European Communities, 2003 6 Cases Balmoral Cinema v. Allied Artists Pictures, 885 F. 2d 313 (6th Cir. 1989). 8 Europemballage Corporation and Continental Can Company Inc. v Commission of the European Communities, [1973] EUECJ C-6/72. 10 Hoffmann-La Roche Co. AG v Commission of the European Communities, ECJ, Case 85/76, Dated 13 February 1979. 9 Ilan Golan v. Pingel Enterprises Inc, 310 F.3d 1360, 1370 (Fed. Cir. 2002) 6 Image Technical Services Inc v. Eastman Kodak Co, (90-1029), 504 U.S. 451 (1992) 6 Queensland Wire Industries Proprietary Limited v. 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Pierce, Is Post-Chicago Economics Ready for the Courtroom? A Response to Professor Brennan, 69 George Washington Law Review 1103 12 Richard Whish, Competition Law, 6th Ed, 2008, Oxford University Press. 9 Roger D. Blair Jeffrey L. Harrison, Antitrust Policy and Monopsony, 76 Cornell L. Rev. 297 3 Roger G. Noll, Buyer Power and Economic Policy, 72 Antitrust L.Journal. 589, 613 (2005) 4 Web Sources Competition Commission of India, Abuse of Dominance in Indian Comeptition Law, Available at www.competition-commission-india.nic.in//Abuse%20of%20Dominant.pdf, Last visited on 17 March 2011 6 David Waterman, Local Monopsony, Free Riding, and Antitrust Policy, April 1995, Prepared for Presentation at the Fifth Annual Conference of the American Law and Economics Association, May 12-13, 1995, Available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=54865, Last visited on 17 March 2011. 3 Dobson Consulting, Buyer power and its impact on competition in the food retail distribution sector of the European Union, (1999), available at http://europa.eu.int/comm/competition/publications/studies/bpifrs/ , last visited on 17 March, 2011. 9 G.R. Bhatia, Abuse of Dominance, Available at www.competition-commission-india.nic.in//ABUSE%20OF%20DOMINANCE.pdf, Last visited on 17 March 2011. 5 G.R. Bhatia, Advance rulings that are awaited on issues under the Competition Act, 2002, Available at http://www.indialawjournal.com/volume3/issue_3/article_by_bhatia.html, Last visited on 17 March 2011. 6 John R.Wilke, Bully Buyers: How Driving Prices Lower Can Violate Antitrust Statutes, 27 January 2004, The Wall Street Journal, Available at http://bpp.wharton.upenn.edu/waldfogj/250/clippings/Monopsony/WSJ%201-27-2004%20Bully%20Buyers%20-%20How%20Driving%20Prices%20Lower%20Can%20Violate%20Antitrust%20Laws.pdf-, Last visited on 17 March 2011. 4 Mallika Ramachandran, Comparative Study: Law on Abuse of Dominant Position, Available at www.cci.gov.in//ComparativeStudyLaw_mallikaramachandran09022007_20080411100811.pdf, Last visited on 17 March 2011. 8 OECD (2005): Competition law and Policy in the European Union, http://www.oecd.ord/dataoecd/7/41/35908641.pdf, Last visited on 17 March, 2011. 7 OECD, Directorate for Financial, Fiscal and Enterprise Affairs Comm. on Competition Law and Policy, Buying Power of Multiproduct Retailers (1999), available at http://www.oecd.org/dataoecd/1/18/2379299.pdf, last visited on 17 March, 2011 5 Raghav Dhawan, Countervailing Buyer Power as a defence in Dominance cases, available at http://www.cci.gov.in/images/media/ResearchReports/competitionlawprojraghav_20100119154458.pdf, Last visited on 17 March, 2011. 9 Surabhi Singhi, Competition Act, 2002 and its Relevance, Available at http://www.legalserviceindia.com/articles/compet.htm, Last visited on 17 March 2011. 6
Sunday, August 4, 2019
Witches, Supernatural, and Evil in Shakespeares Macbeth :: GCSE English Literature Coursework
The Witches andà Evil in Macbeth à No discussion of evil in Shakespeareââ¬â¢s play Macbeth would be satisfactory without considering itsââ¬â¢ most famous symbols of evil: the coven of witches whose interactions with Macbeth play such a vital role in his thinking about his own life. Banquo and Macbeth recognize them as something supernatural, part of the landscape but not fully human inhabitants of it. They have malicious intentions and prophetic powers. And yet they are not active agents in the sense that they do nothing other than talk and offer visions and potions. The witches have no power to compel. If we are to explore the significance of these witches we must do so by treating them as vital poetic symbols in the play, essential manifestations of the moral atmosphere of Macbeth's world. à à à à à à à à à à à The most obvious interpretation of the witches is to see them as manifestations of evil in the world. They exist to tempt and torment people, to challenge their faith in themselves and their society. They work on Macbeth by equivocation, that is, by ambiguous promises of some future state. These promises come true, but not in the way that the victim originally believed. The witches thus make their appeal to Macbeth's and Banquo's desire to control their own future, to direct it towards some desirable ends. They have no power to compel belief, but they can obviously appeal strongly to an already existing inclination to force one's will onto events in order to shape the future to fit one deepest desires. à à à à à à à à à à à Banquo's importance in the play stems, in large part, from his different response to these witches. Like Macbeth, he is strongly tempted, but he does not let his desires outweigh his moral caution: But 'tis strange, And oftentimes to win us to our harm The instruments of darkness tell us truths, Win us with honest trifles to betray's In deepest consequence. (1.3.120-124) à Macbeth cannot act on this awareness because his desires (kept alive by his active imagination and his wife's urging) constantly intrude upon his moral sensibilities. Hence, he seizes upon the news that he has just been made Thane of Cawdor, using that information to tell him what he most wants to believe, that the witches tell the truth. This supernatural soliciting Cannot be ill, cannot be good. If ill, Why hath it given me earnest of success
Saturday, August 3, 2019
Essay example --
Can Anticipatory Logistics Work In The Corporate World? I do not see any reason, based on the article provided, as to why anticipatory logistics cannot work in the corporate world. In my opinion both are significantly similar in function and operation. The basic aim of both the supply chain management that is frequently used in the corporate world and the anticipatory logistics used by the armed forces are same, and that Is to satisfy the customer better than the competitor. It is true that in each industry the requirements, needs and demands of customers are different, specifically in the corporate world where one company sells pharmaceutical products while other sells ready made clothes. However, in the industry, all the companies compete for a greater market share and that share is contributed by earning customers, loyal or not. When there is a question of winning customers, then there is a concern about the cost, the pricing of the product or service, the speed and ease of delive ry, the psychological acceptance, and many other such elements that make the organization ponder on efforts that would let them survive not just in the corporate world, but also in the war or preparations for war. Anticipatory logistics work in the similar fashion as the supply chain management works. Defining the supply chain management, Li et al (1999) writes that the supply chain management is the ââ¬Å"management of materials and information flow both in and between facilities across SCâ⬠, where the SC or the supply chain is a ââ¬Å"network of facilities and distribution options that performs the function of procurement of materials, transformation of these materials into intermediate and finished products, and distribution of these finished products to custo... ...n Empirical Comparison of Anticipatory and Response Based Supply chain Strategies.â⬠The International Journal of Logistics Management. 9: 2; 21-33. Lair, Noor Ajian Mohd, Awaluddin Mohamed Shaharoun and Mohamed Shariff Nabi Baksh, ââ¬Å"JIT Implementation across A Supply Chain and It effects on Inventory Distributionâ⬠, http://www.moste.gov.my/kstas/NSFWorkshop/NSF/nsf%5CAAI16.DOC Lenzini, Joshua M (2002) ââ¬Å"The Army's answer to supply chain management Army Logisticianâ⬠; Fort Lee; Sep/Oct 2002 Li, Yuan, Fan, Zhiping and Zhao, Xuan (1999). ââ¬Å"An Integrated Framework of Supply chain Management System.â⬠Software Engineering Conference 1999. Proceeding sixth Asia Pacific. 196 ââ¬â 199 Pagh, Janus D and Martha C Cooper (1998) ââ¬Å"Supply chain postponement and speculation strategies: How to choose the right strategyâ⬠, Journal of Business Logistics, Issue # 2, Volume 19, Pg. 13-33.
Friday, August 2, 2019
Ideas of Progress in Naipauls A Bend in the River Essay -- Naipaul Be
Ideas of Progress in Naipaul's A Bend in the River à In his novel A Bend in the River, V. S. Naipaul paints a picture of Salim, an Indian man living in an isolated African town at the beginning of independence. Salim, as an Indian, has something of a unique perspective on the events of the time - in some ways, he lives between two worlds. Having experienced the "civilizing" influence of British colonial rule, he comes from a culture that is more "advanced" than that of Africa but less so than that of the West. This hierarchy of progress is seen throughout the book, and the theme of progress is best illustrated in this passage from the opening of Part Four, just after Salim's return from London: à So at last I had come to the capital. It was a strange way to come to it, after such a roundabout journey. If I had come to it fresh from my upriver town it would have seemed immense, rich, a capital. But after Europe, and with London still close to me, it seemed flimsy in spite of its size, an echo of Europe, and like make-believe, at the end of all that forest. (247) ..
Othello Commentary Essay
Shakespeareââ¬â¢s Othello is a play about love, jealousy and racism. Othello is a Moor, who is kidnapped as a child and brought to Venice, where he grows up, becomes a mercenary and through his bravery rises to the rank of General of the Venetian army. Othello is in love with the beautiful Desdemona, daughter of a senator and is secretly married to her. Iago, his junior, jealous of his success attempts to destroy Othello and Desdemona and through his machinations obliterates love, honour and beauty. This passage marks the beginning of Act 1 Scene 2, and we see Iago come from badmouthing Othello to Roderigo and in this scene, he badmouths Roderigo to Othello. As in the first scene, the reader is sort of a voyeur, listening in to peopleââ¬â¢s conversations and making judgements or opinions of the characters based on the conversations we hear. Iago is a clever speaker and has a way with words. He has spoken of Othello to Roderigo in the first scene and called him all kinds of insulting names and adjudged him to be a criminal and bestial man. This scene begins with Iago, Othello and some attendants making their entrance. Iago recounts his supposed conversation with Roderigo to Othello and tells him that Roderigo has insulted Othello and Iago had been very upset with him and had tried everything to save Othelloââ¬â¢s honour. He had also told Roderigo that despite his experience in battle, he had been overlooked for the job of Othelloââ¬â¢s deputy. In his conversation with Othello, he uses ââ¬Å"trade of warâ⬠to demonstrate his experience as it his trade and he is an able soldier having killed many men in battle, but though Roderigo insulted Othello, it was only because of his conscience that he had been able to stop himself from stabbing Roderigo. In this manner he is able to show the goodness of his heart and also question Othello, if he remembers that he is an experienced soldier. His use of conscience and ââ¬Å"contrived murderâ⬠attempt to show Othello that it would have been like murder, which is planned, and not the right thing to do, though he was very angry with Roderigo and would have liked to stab him, ââ¬Å" Nine or ten times. â⬠By using the number of times he would have liked to stab Roderigo and also ââ¬Å"yerked him here, under the ribsâ⬠he portrays his anger but also his indecisiveness. We also see that Iagoââ¬â¢s use of ââ¬Å"conscienceâ⬠, at this time in the play leads to the audienceââ¬â¢s knowledge of the reality of his lack of a conscience. Othello is happy that Iago has not taken any undue action and tells him its better that things are as they remain. Iago on the other hand, continues his tirade against Roderigo and tells Othello that Roderigo kept repeating himself, he ââ¬Å"pratedâ⬠or went on and on insulting Othello and spoke ââ¬Å"such scurvy and provoking termsâ⬠. Shakespeareââ¬â¢s use of alliteration ââ¬Å"such scurvyâ⬠only emphasise the point that Iago is trying to make that Roderigo used very contemptible terms, which were an insult to Othelloââ¬â¢s honour. Iago then tries to show that he is a compassionate man, saying, ââ¬Å"with the little godliness I haveâ⬠, in an attempt to place himself in Othelloââ¬â¢s good books. The use of the words,â⬠full hard forbear himâ⬠once again are an attempt to portray Iago in a good light, as he says that it took all of his control not to attack Roderigo. fullâ⬠and ââ¬Å"hardâ⬠both have similar meanings, and are used to show the amount of control it took Iago not to do anything. The next line is an abrupt departure from the subject of Roderigo and Iago suddenly asks Othello, ââ¬Å"Are you fast married? â⬠perhaps this is an attempt by Iago to surprise Othello in to disclosing whether he is really married to Desdemona and the word, â⬠fastâ⬠is us ed to suggest whether this marriage has been consummated, as if it has not been then perhaps it could still be annulled. He also suggests that Desdemonaââ¬â¢s father is a very powerful man, ââ¬Å"Magnificoâ⬠, a word that was used for the most powerful men in Venice. He also implies that the senator is so powerful that he commands more power than the Duke of Venice and will be able to get Desdemona divorced and Othello punished very severely. Shakespeareââ¬â¢s use of ââ¬Å"a voice potentialâ⬠signifies a power that is extremely strong and that no one will be able to against the voice of the Magnifico. Moreover he will be able to use all the might of the law to destroy Othello, as he is also an outsider and Venetian law favoured the Venetians. Othello, on the other hand, is not cowed by Iagoââ¬â¢s words and tells him that he is not afraid and the Magnifico can do as he pleases. He believes that his service to the state and the rest of the wealthy citizens of Venice will be enough to protect him. He believes that his services will ââ¬Å"out tongueâ⬠his complaints meaning that his services are worth more than anotherââ¬â¢s words, even a Magnificoââ¬â¢s. Othello tells Iago that he shall only boast of his descent when it is necessary and will tell the world that he too is a prince and his deficiencies or ââ¬Å"demeritsâ⬠can speak for themselves when he is in front of men of a lineage as regal as his. He also tells him that it is his good fortune that he has been able to win the hand of someone as gentle as Desdemona. He compares her to the treasures of the ocean, as pearls and other sunken treasure litter the sea floor. This comparison to treasure shows the measure of his love for Desdemona and he is willing to sacrifice everything for her. Othello and Iago are surprised to see some men entering and Iago counsels Othello to hide. He tells him that Desdemonaââ¬â¢s father and his friends have come to seek him and suggest he hide. Not surprisingly, Othello refuses as he is a honourable man and has nothing to hide, declaring, ââ¬Å" Not I, I must be foundâ⬠. The use of repetition, ââ¬Å"Iâ⬠portrays the strength and self-respect that Othello possesses. In the next line he once again repeats, ââ¬Å"My parts, my title and my perfect soulâ⬠the repetition of the word ââ¬Å"myâ⬠is once again used to portray the nobleness of his soul and is indicative of his honour. To his question if it is really the senator, Iago replies swearing,â⬠By Janus, I think no. â⬠Shakespeare uses classical allusion her by referring to Janus, the two headed Roman god, signifying Iagoââ¬â¢s duplicity. They are met by Cassio, Othelloââ¬â¢s lieutenant and some guards, who bid him accompany them, as the Duke wants an audience with him. Cassio uses the words, ââ¬Å"haste-post-hasteâ⬠signifying the urgency with which Othello is required to accompany them to the Duke. Othello departs while questioning Cassio to the urgency of this command. This passage lays the groundwork and shows the duplicity of Iago and the lengths he is willing to go to integrate himself with Othello, while plotting his downfall. It also becomes evident that Iago and Othello are diametrically opposite characters. Iago, who is willing to do or say anything to achieve his ambitions, while Othello is a honourable man, who is willing to do anything for his love Desdemona and is proud of his achievements and his lineage.
Thursday, August 1, 2019
Marketing and Twitter Essay
1. Is Twitter just a bright idea or a real business opportunity? To what extent does Twitterââ¬â¢s situation reflect the past record of its founders? I think Twitter is a bright idea but also a real business opportunity that its founder has been waiting since 1997. Evan William has developed so many different ideas and created some companies which he sold. There are so many similar social networking companies. Although the idea of Twitter is not fully original or new, but itââ¬â¢s a most successful one. The founder takes a unique opportunity while others donââ¬â¢t and he takes risks that others think is impossible. He had the vision and creativity of a true entrepreneur. 2. A). what is Twitterââ¬â¢s Advantages and challenges given it chosen technology configuration? Twitter is an easy-to-use broadcasting system that allows users instant to transmit short message in real time. It just need carry standard cellular phone to tapping out a message. Itââ¬â¢s an open source platform while you can restrict the subscription lists to selected subscribers, or leave it open, which allows anyone to sign up to read your Tweets. B). what are the benefits and challenges for corporations looking to use Twitter internally and externally For internally, the employee can encouraged to participated in a group effort to post topic and join in the conversation with the followers, and the corporation is able to get instant feedback from the followers by using informal Twitter polls. For externally, Corporations are using Twitter for a web site targeting a very niche market, this is pretty impressive. There are few ways Twitter has positively impacted on corporationââ¬â¢s brand image. First, use Twitter can raise the visibility in the marketplace. Second, Twitter have enabled corporation to connect with their customers in a way that makes them feel like they are a part of what corporation doing. Third, many people responded that they actively seek out product on social media. Moreover, Twitter can be a promotional evangelist for the corporation. 3. What has been Twitterââ¬â¢s marketing approach to date, and is it sustainable? By the looks of the information from the case that looks like Twitter has reached its limits with the current marketing approach they used up to date. In order to avoid being pushed out of the market, Twitter should build relationships with potential rivals, but not trying to break them. The biggest marketing problem which Twitter faces is adapting their vision and strategy to the potential market. This can only be done if they adapt a stable structure and operating process as much as changing their values according to their users and market needs. 4. Can Twitter ever earn profits? If so, what are the best ways it can monetize? Twitter can ever earn profits if they manage their market growth and service delivering correctly. For outsider, Twitter should consider selling a part of company to a more stable company that could assist them in staying ahead of their future rivals. Selling some rights can assisted them generating income and help them adjust their marketing strategy. For themselves, Twitter can sell advertising space and adding more attractive services to keep the user excited. Also, Twitter should pay attention to some service their competitor focus but they missed.
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