Regulating prices in the European Union

Establishing open and undistorted competition within the internal market is a primary goal of the EU legal framework. Price controls, by contrast, are among the clearest derogations from this overarching objective. Yet much price regulation continues to occur within the internal market, the legal treatment of which is recognised to raise exceptional issues in the context of both positive and negative integration. This article explores the approaches within the EU legal framework to price regulation, broadly construed. Following a theoretical inquiry of the institutional and ideological challenges posed, a range of regulatory circumstances is considered: from competition enforcement, to the free movement rules, to examples of direct regulation through EU law. A tentative explanation for the distinctive treatment of price regulation is then advanced, premised upon the axiomatic role of the price formative mechanism in motivating the entrepreneurial impulses which underpin the internal market. The aim is to contribute to a more nuanced understanding of the challenges facing pursuit of ‘open and undistorted competition’ within a modern social market economy

APPLICATION OF ELECTRONIC SCHOLARLY PUBLISHING IN DIGITAL AGE: PROSPECTS AND CHALLENGES IN NIGERIAN UNIVERSITIES

The significant technological infrastructure which are now beginning to offer services to prestigious large and smaller publishers, including some of the more trade-minded university presses on online and electronic means. Scholarship Online has demonstrated to the university press community that a large aggregation of quality monograph content, optimized for online scholarly use, generates strong usage and holds sufficient appeal to librarians to support a profitable business. Therefore, this paper highlighted general introduction f electronic scholarly publishing, from digital books to digital publishing, potential benefit of electronic scholarly publishing, ebook/electronic publishing as the future of scholarly communications system, open access and electronic scholarly commutation in Nigeria, the role of library in electronic scholarly publishing, archiving and preserving of electronic scholarly publishing, important of electronic scholarly publishing, and some of the challenges of electronic scholarly publishing in Nigeria. Recommendations for functional adoption of electronic scholarly publishing in Nigeria have also been give

APPLICATION OF ELECTRONIC SCHOLARLY PUBLISHING IN DIGITAL AGE: PROSPECTS AND CHALLENGES IN NIGERIAN UNIVERSITIES

The significant technological infrastructure which are now beginning to offer services to prestigious large and smaller publishers, including some of the more trade-minded university presses on online and electronic means. Scholarship Online has demonstrated to the university press community that a large aggregation of quality monograph content, optimized for online scholarly use, generates strong usage and holds sufficient appeal to librarians to support a profitable business. Therefore, this paper highlighted general introduction f electronic scholarly publishing, from digital books to digital publishing, potential benefit of electronic scholarly publishing, ebook/electronic publishing as the future of scholarly communications system, open access and electronic scholarly commutation in Nigeria, the role of library in electronic scholarly publishing, archiving and preserving of electronic scholarly publishing, important of electronic scholarly publishing, and some of the challenges of electronic scholarly publishing in Nigeria. Recommendations for functional adoption of electronic scholarly publishing in Nigeria have also been give

Price regulation in the social market economy

Establishing open and undistorted competition within the internal market is a primary goal of the EU legal framework. Price controls, by contrast, are among the clearest derogations from this overarching objective. Yet much price regulation continues to occur within the internal market. The treatment of such regulation thus raises challenging questions, both substantive and institutional, about the nature of economic governance in the context of the EU’s ‘highly competitive social market economy’. This article begins with a consideration of price regulation, both in economic terms and in relation to its place within the institutional and ideological structure of the EU. It then examines differing approaches seen in EU law: from a sceptical prohibitive approach, to a cautious yet more receptive permissive approach, to an essentially prescriptive approach incorporating price regulation into the fabric of the internal market. The aim is to contribute to a more nuanced understanding of the challenges facing the pursuit of ‘open and undistorted competition’ within a modern social market economy

What’s in Your Wallet (and What Should the Law Do About it?)

In traditional markets, firms can charge prices that are significantly elevated relative to their costs only if there is a market failure. However, this is not true in a two-sided market (like Amazon, Uber, and Mastercard), where firms often subsidize one side of the market and generate revenue from the other. This means consideration of one side of the market in isolation is problematic. The Court embraced this view in Ohio v. American Express, requiring that anticompetitive harm on one side of a two-sided market be weighed against benefits on the other side.Legal scholars denounce this decision, which, practically, will make it much more difficult to wield antitrust as a tool to rein in two-sided markets. This inability is concerning as two-sided markets are growing in importance. Furthermore, the pricing structures used by platforms can be regressive, with those least well-off subsidizing their affluent and financially-sophisticated counterparts.In this Article, I argue that consumer protection, rather than antitrust, is best suited to tame two-sided markets. Consumer protection authority allows for intervention on the grounds that platform users create unavoidable externalities for all consumers. The Consumer Financial Protection Bureau (CFPB) has broad power to curtail “unfair, abusive, and deceptive practices.” This authority can be used to restrict practices that decrease consumer welfare, like the anti-steering rules at issue in Ohio v. American Express

Learning difficulties: collaborative inter-organisational information system use within UK retail supply networks

Inter-organisational information systems (IOIS) have been introduced to support collaborative retail supply relationships, yet how these systems are used is not well understood. This paper presents analysis of an ideographic case study of a dynamic United Kingdom grocery sector supply network. Using Archer's (1995) social change theory we explore how changes to buyer-supplier relationship structures re-conditioned individual actors' situational logics in a way that created network learning difficulties. Our analysis shows how actors' inter-organisational information system use reinforced pre-existing bargaining positions and improved already powerful actors' relative negotiating strength. This paper demonstrates the value of multi-level analysis in furthering understanding of the complex relationships between processes of network and individual learning

Algorithms and Speech

One of the central questions in free speech jurisprudence is what activities the First Amendment encompasses. This Article considers that question in the context of an area of increasing importance – algorithm-based decisions. I begin by looking to broadly accepted legal sources, which for the First Amendment means primarily Supreme Court jurisprudence. That jurisprudence provides for very broad First Amendment coverage, and the Court has reinforced that breadth in recent cases. Under the Court’s jurisprudence the First Amendment (and the heightened scrutiny it entails) would apply to many algorithm-based decisions, specifically those entailing substantive communications. We could of course adopt a limiting conception of the First Amendment, but any nonarbitrary exclusion of algorithm-based decisions would require major changes in the Court’s jurisprudence. I believe that First Amendment coverage of algorithm-based decisions is too small a step to justify such changes. But insofar as we are concerned about the expansiveness of First Amendment coverage, we may want to limit it in two areas of genuine uncertainty: editorial decisions that are neither obvious nor communicated to the reader, and laws that single out speakers but do not regulate their speech. Even with those limitations, however, an enormous and growing amount of activity will be subject to heightened scrutiny absent a fundamental reorientation of First Amendment jurisprudence

Algorithms and Speech

One of the central questions in free speech jurisprudence is what activities the First Amendment encompasses. This Article considers that question in the context of an area of increasing importance – algorithm-based decisions. I begin by looking to broadly accepted legal sources, which for the First Amendment means primarily Supreme Court jurisprudence. That jurisprudence provides for very broad First Amendment coverage, and the Court has reinforced that breadth in recent cases. Under the Court’s jurisprudence the First Amendment (and the heightened scrutiny it entails) would apply to many algorithm-based decisions, specifically those entailing substantive communications. We could of course adopt a limiting conception of the First Amendment, but any nonarbitrary exclusion of algorithm-based decisions would require major changes in the Court’s jurisprudence. I believe that First Amendment coverage of algorithm-based decisions is too small a step to justify such changes. But insofar as we are concerned about the expansiveness of First Amendment coverage, we may want to limit it in two areas of genuine uncertainty: editorial decisions that are neither obvious nor communicated to the reader, and laws that single out speakers but do not regulate their speech. Even with those limitations, however, an enormous and growing amount of activity will be subject to heightened scrutiny absent a fundamental reorientation of First Amendment jurisprudence