Same Plant, Different Soil: Japan\u27s New Merger Guidelines Symposium on Competition Law and Policy in Developing Countries

Japan\u27s New Merger Guidelines ( New Merger Guidelines ), issued by the Japan Fair Trade Commission ( JFTC ) in May 2004, mark a turning point for antitrust in Japan. It is likely that Japan\u27s New Merger Guidelines will be seen as a model for legal transplants in the future. Despite the similarities between Japan\u27s New Merger Guidelines and the U.S. Horizontal Merger Guidelines ( U.S. Merger Guidelines ), Japan\u27s New Merger Guidelines are unlikely to be a success in the same way that the U.S. Merger Guidelines have been a success since their adoption by the American competition agencies. Although Japan is far from a developing nation or a transitional economy, Japan\u27s experience importing critical features of the U.S. Merger Guidelines canprovide useful lessons. For developing countries also undertaking major revisions to their competition laws, Japan\u27s experience may show that the text of a legal transplant is only one important consideration. Additionally, the context of competition law and the subtext of changes to the existing norms of economic regulation may be just as important to importing antitrust law into developing nations or transitional economies

The iPod Tax: Why the Digital Copyright System of American Law Professors\u27 Dreams Failed in Japan

A number of prominent American law professors have endorsed the notion of a tax on digital recording and music file-sharing-call it an iPod tax --with the proceeds to be paid into a general fund. A clearinghouse representing rights-holders would monitor which works were downloaded and how often and then divvy up the iPod tax revenues to the individual rights-holders. Japan has run a very similar system since the early days of digital recording in 1993. This Article focuses on how Japanese experts decided that regulatory failures merited killing an extension of their existing system, including a proposed iPod tax. In particular, the Article draws on the Japanese debate to propose a friendly amendment that would structure an American clearinghouse as a user-owned cooperative and thus reduce the chances of repeating Japan\u27s mistakes

Transient cooling of a sphere due to boiling

The time - dependent surface temperature is determined for a sphere subjected to cooling by boiling. One dimensional heat transfer is considered and the solid is assumed to be homogeneous, isotropic and opaque to thermal radiation and to have temperature independent physical properties. The initial temperature of the sphere and the coolant are assumed to be uniform and arbitrary. The boiling heat transfer coefficient at the surface of a sphere is a strong function of the surface temperature thus resulting in an extremely nonlinear transient heat conduction problem. As a practical application of the problem, the process of quenching has been cited. In the analysis, the transient heat conduction equation with its initial and boundary conditions is transformed to a singular nonlinear Volterra integral equation of the second kind by use of the Laplace transformations. The equation is solved numerically on a digital computer by the method of modified successive approximations for the sphere. The time scale is broken into a desired number of intervals. The solution for the first time interval is obtained by successive approximations and then used in finding the solution for the next time interval. Initial guesses are obtained by the use of the ideal case of infinite thermal conductivity. The process of successive approximation is continued along the time scale till the solution for all desired time is obtained. Within the limitations of the basic assumptions, the method can be termed as exact, since any degree of accuracy can be obtained. The results are presented in graphical and tabular forms and compared with analytical and experimental results where available. A separable kernel method is also applied for the solution of the Volterra integral equation describing the surface temperature. The kernel of the integral equation is approximated by a simple expression and substituted in the original integral equation. By suitable mathematical techniques, the integral equation is then transformed to a differential equation which is much simpler to solve than the integral equation. The better the kernel is approximated, the more the separable kernel solution tends towards the solution obtained by the successive approximation method. This method of solution is more convenient to apply than the successive approximation method, but is not very accurate for Biot numbers greater than ten. Another approximate method, termed as the modified separable kernel method, is also presented for the solution of the integral equation. The accuracy of the modified method seems to be much better than the ordinary one and is found to give results within five percent of the exact solution when the kernel is represented by a suitable number of equations. Limiting cases of large and small Biot numbers (0.1 to 10.0) are calculated and analysed in terms of the present solutions. It is concluded that the infinite thermal conductivity approach can approximate the exact solution to within ten percent for Biot numbers approximate the exact solution to within ten percent for Biot numbers less than one --Abstract, pages viii-ix

Same Plant, Different Soil: Japan\u27s New Merger Guidelines Symposium on Competition Law and Policy in Developing Countries

Japan\u27s New Merger Guidelines ( New Merger Guidelines ), issued by the Japan Fair Trade Commission ( JFTC ) in May 2004, mark a turning point for antitrust in Japan. It is likely that Japan\u27s New Merger Guidelines will be seen as a model for legal transplants in the future. Despite the similarities between Japan\u27s New Merger Guidelines and the U.S. Horizontal Merger Guidelines ( U.S. Merger Guidelines ), Japan\u27s New Merger Guidelines are unlikely to be a success in the same way that the U.S. Merger Guidelines have been a success since their adoption by the American competition agencies. Although Japan is far from a developing nation or a transitional economy, Japan\u27s experience importing critical features of the U.S. Merger Guidelines canprovide useful lessons. For developing countries also undertaking major revisions to their competition laws, Japan\u27s experience may show that the text of a legal transplant is only one important consideration. Additionally, the context of competition law and the subtext of changes to the existing norms of economic regulation may be just as important to importing antitrust law into developing nations or transitional economies

Antitrust by Other Means: Haley on Form and Function

To understand how Haley’s work remains relevant, it is worth noting three important aspects of what his research did. First, he managed to articulate a conception of comparative antitrust law during a time when antitrust was often cast as a largely American show. Second, he demonstrated the importance of institutions and legal infrastructure to antitrust law, and how antitrust might function with remedies other than our own. Finally, he explicated the role of politics and political theory in providing a basis for antitrust within a society