EU sports law: a uniform algorithm for regulatory rules

© 2017, T.M.C. Asser Instituut. In applying the EU economic provisions to the regulatory rules in sport, four different categories of “sporting exception” can be discerned in the jurisprudence of the Court. They include sporting rules that do not produce any economic effect, ‘purely sporting’ rules, inherent rules, and objectively justified rules. Based on the existing parameters of the EU sports law and policy, this article advances arguments in support of discarding the nuances in the Court’s analytical approach to sporting exception. Ordinary EU law, coupled by the concept of specificity of sport that is now included in Article 165(1) TFEU, already contains the all-encompassing, uniform analytical structure apt to accommodate all categories of regulatory rules in sports. In addition, the proposed uniform framework can be often be utilised to justify the challenged sporting rules in both internal market law and competition law, thus avoiding duplication of analysis. This is enabled by the high degree of convergence in their application to the rules of private regulatory bodies

Mecanismo químico de la formación del color en los ladrillos

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: Diabetes risk profile in Polynesians

Objective:Polynesians in New Caledonia have an increased risk for developing diabetes, compared to Melanesians or Europeans. They are also more prone to obesity. The aim of this study was to analyse differences in the pre-diabetic state that may explain the varying susceptibility to diabetes between these three ethnic groups, focusing on the balance between insulin resistance and capacity of pancreatic cells to secrete insulin.Design and subjects:The CALDIA Study is a population-based cross-sectional survey of diabetes prevalence conducted in New Caledonia. All participants who did not have diabetes, according to the results of a 0-2 h oral glucose tolerance test (n=392), were selected for analysis.Results:Compared to Europeans, Polynesians and Melanesians had significantly higher body mass indices (BMI) and waist-to-hip ratios (WHRs). Polynesians had higher fasting plasma glucose values than Europeans or Melanesians (6.03 mmol/l, vs 5.78 and 5.46, respectively; P<0.0001). Fasting plasma insulin level and the estimate of insulin resistance by homeostasis model assessment were not significantly different between the three ethnic groups. Homeostasis model assessment estimate of beta-cell secretory capacity was lower in Polynesians compared to the two other ethnic groups (83.1 mU/mmol, vs 119.3 and 125.2, respectively; P<0.02).Conclusion:Despite a high prevalence of central obesity, as judged by high BMI and WHR, in Polynesians of New Caledonia, their high risk of diabetes may be more strongly related to a defect in insulin secretion capacity than to insulin resistance.International Journal of Obesity (2007) 31, 109-113. doi:10.1038/sj.ijo.0803384; published online 16 May 2006

Minimum resale price maintenance in EU in the aftermath of the US Leegin decision

Leegin decision of the Supreme Court in 2007 affirmed that minimum RPM was to be evaluated under the rule of reason henceforth. Conversely, minimum RPM retains its position as a hard-core restraint in EU's BER 2010 and the De Minimis Notice. The limited amount of case law reveal that in the absence of certain factors, such as significant market power of the parties, minimum RPM is unlikely to result in the detriment of consumers. Consequently, despite the retention of the maintenance of the single market as a significant aim in EU competition policy, minimum RPM practices are entitled to a more lenient approach, if the ultimate aim is to attain consumer welfare as stated by the Commission and through most judgments of the Court of Justice of the European Union