Saturday, January 25, 2020

Anti-trust Law Case Study

Anti-trust Law Case Study Landmark: Antitrust Case Study Question 1: Write a 100- word abstract of the case, including the date of the case The essay gives a brief analysis and review of a case in which the government of the United States led to the U.S. Supreme Court. This is the defense of the claim appeal 384 U.S. competition 270 presented by the U.S. government against VON Grocery Co. (Von) in 1966 in the District Court of the United States for the Southern District of California No. 303. Duration was March 22, 1966 and the delivery of a verdict was the May 31, 1966. It was in favor of the defendant. This just reminded demand, government regulators were ignoring situations that occur within its jurisdiction. It was despite his knowledge of the changing developments in market structures that controlled processes. Government regulators failed to switch to a relaxed mood compared to previous legislative procedures necessary reacted to the threats and opportunities of his time. As a result, this led to the prevention of unfair trade practices or disposal of similar economic activities of small-scale business. Key words: VONS GROCERY CO, 384 U.S. 270, Shopping Bag Food Stores and 7 of the Clayton Act. Question 2: Describe the provision of the US Antirust Law invoked to judge the presence of anti-competitive behavior or potential of for moving the industry in that direction. The 1960 merger of Von Grocery Company with competitor Shopping Bag Food Stores (Shopping Bag) whose locations are in Los Angeles, California violated Section 7 of the Clayton Act (n. P Thomson Reuter). Its amendment in 1950 regulates the reasonable termination through the prohibition of mergers and acquisitions, which decreased competition. Even after a new amendment in 1980, remains the main reference point for antitrust law mergers that threatened the United States (Fox Fox). Question 3: Describe the basis for the ruling and action that pertain to all OR some of the following factors: The extent and trend in competition and expected in the future: Industry Structure and trend and projection for the future [based on the past, mostly]; CR4, CR8 and HHI, specially in cases of mergers. The claim of the United States had other modifications as support for their arguments. They were the 1950 amendment to Section 7 of the Celler-Kefauver and Congress sought to preserve competition for small businesses. Was also intended to help companies focus. The court was the agent that was against large companies that use concentrations in markets with increasing centralization of business. He succeeded in divesting after United States v. Philadelphia National. . Bank, 374 U.S. 321 Celler-Kefauver 362 Anti-Merger Act 1950 as amended provides relevant information: That no company engaged in commerce shall acquire all or part of the assets of another company also engaged in commerce, where in any line of commerce in any part of the country, the effect of such acquisition may be substantially to lessen competition or tend to create a monopoly. Question 4: Describe the â€Å"conduct† in question that has been considered â€Å"anticompetitive:†Determine if the defendant had used an anticompetitive Price Strategy and explain how. Likewise, describe any Non-price Strategies the defendant had used and describe how. In investing 233 F. Supp. 976 Richard A. Posner was counsel for the United States. Your tips help were Attorney General Marshall, Assistant Attorney General Turner, Robert B. Hummel, James J. Coyle and John F. Hughes. The defense attorney was William W. Alsup. Your tips help Warren M. Christopher and were William W. Vaughn. As an interested party, the National Association of Retail Grocers of the United States Attorney Bison was Henry J., Jr., as amicus curiae, urging affirmance. MR. JUSTICE BLACK was the judge in the case and give judgment. The date of the original application was March 25, 1960. March 28, 1960, the District Court did not grant the motion of the Government for a restraining order against Von Grocery Company. The latter wanted to acquire tangible capital around the Shopping Bag Food Stores, and the ruling was that not violate the terms of demand. It was a backdoor way of recognizing the merger and showing favoritism to the accused prior to final judgment. The main argument of the defense was that a company was protecting the other from the state of collapse. They merged to protect a stronger competitor. 374 U.S. 321, 362 was the claim that prohibiting such mergers. There were bank loans may have had access and filing for bankruptcy as a financial coverage. The company achieved this when it was about to collapse. He managed to regroup with the help of government agencies and private financial consultants. Question 5: Describe the effect of the defendant’s â€Å"conduct† on other firms (or the main rival) in the industry. Von was the third largest grocery market in the retail area Los Angeles on sales while the shopping bag of food was number six in 1958. Their 1960 joint sales rose 7.5% an annual output of two and a half million. Your Los Angeles market seemed too small part of their market to the government to fight. However, if the top ten companies had double combined, their total market share could have been about a third of the retail market of Los Angeles. To be fair to these stores, which had begun as the outgoing neighborhood store many Americans of his generation knew. Ten of the previous twelve years to the merger, the number of stores has increased to a little more than twice their number. The other positive numbers include increased sales and market share. Its merger positioned the number two supermarket chains in Los Angeles. Meanwhile, the discovery of individual owners tennis shops in Los Angeles dropped by nearly two-fifths. In 1963, the numbers continued to decline. The government witnesses lacked a thorough analysis of the facts and figures that the defense had in its possession. For example, from 1949 until 1958, nine of the top 20 competitors chains came into possession of 126 stores smaller rivals. An important defense witness gave details of previous acquisitions and mergers from 1954 to 1961. Apparently they were in the top 10 stores in Los Angeles. You might consider this as an ordinary person and discriminatory legal action. They should also have ground The nine competitors target rivals for smaller parties to legal action. However, the union of the two powers of financial market was a threat to government control in the area of à ¢Ã¢â€š ¬Ã¢â‚¬ ¹Ãƒ ¢Ã¢â€š ¬Ã¢â‚¬ ¹Los Angeles. The government reported data in its reply, the Federal Trade Commission prepared. Question 6: Describe the initial legal action taken against or in-favor of the defendant. The initial legal action taken against the defendant is that the US government accused Von’s Grocery Company of violating Section 7 of the Clayton Act because it was an attempting to create a monopoly. The company appealed and the District Court ruled in its favour. Also, it is important to mention that the government made accusations against the company because it wanted to purchase a smaller competitor in the retail grocery market that was called Shopping Bag Food Stores. Question 7: Describe any subsequent legal action in the case (such as the Supreme Court), if any. Once the case was resolved there was no subsequent action taken. The decision on the case was repealed by the District Court and it was possible for Von’s Grocery Company to merge with, and subsequently absorb, Shopping Bag Food Stores. Question 8: Carefully describe how the model of Structure-Conduct-Performance has been applied in the case under consideration. [The weight for this question is 40% of the grade.] The history of the struggle against mergers in the United States began in 1890. At that time, Congress passed the Sherman Act to prevent monopolies. Distrust of Americans back to the founding of the country. Unfortunately, did not protect the smaller companies businessman larger monopolistic pressures. In 1897, the Court ruled that the U.S. government against Trans-Missouri Freight Assn., 166 U.S. 290, 323. In [384 U.S. 270, 275], the Sherman Act did not protect the small businessman. Congressional approval in 1914, 7 of the Clayton Act allowed the merger of corporations through the purchase of shares of its competitors. By contrast, business people find a loophole and bought his opponents assets. A blow to the fight against the Clayton Act device came with the endorsement of Judge Brandeis, Taft chief justice and judges Holmes and Stone in 1926. As a result, there was a reduction in the number of large companies. The action was in 1950 Congress adopted the Celler-Kefauver Anti-Merger Act. Representative Celler and Senator Kefauver main reference was 384 U.S. lawmakers 270, 276 for the period 1940-1947. They used the Brown Shoe Co. v United States, 370 U.S. 294, 315 to argue their points. They and other members of Congress had the same concerns. In contrast, 7 of the Clayton Act had stamps in their lagoon and extending its coverage using 384 U.S. 270, 277. Evacuation This involved mergers between competitors and stop all instances of mergers. The U.S. v National Philadelphia. Banking, led to Amendment 7 to cancel the anti-competitive tendencies. 384 U.S. 270, 279 is another case of reference that allowed the passage of the Celler-Kefauver Act. In United States v. El Paso Gas Co., 376 U.S. 651, 662 defendants El Paso Gas Co. were notified of antitrust charges and declined to postpone divestment from the beginning. Moreover, these two other similar cases of United States v. du Pont Co., 366 U.S. 316; United States v. Alcoa, 377 U.S. 271, 281 are pre-trial demand 384 U.S. 270, 303 which was subjected to analysis. Decisions of typos with the figures presented in court said the government ran a presentation to meet with any person or body quirks. The government regulator requires constant awareness of the impact of legislative developments and industry trends and ongoing. There is the need for external consultants to give their objective on huge demands especially in unknown actions reviews. In such cases, the now useless but necessary demand requires more in-depth research, planning, analysis and the reality of how to fight cases misunderstood use laws. This implies compulsory receive expert help to train the executors. This paper has emphasized that the demands of the past are benchmarks for current and future cases and judgments. Upon focusing on how the SCP paradigm was applied in the case being considered, the first thing to note is that during the 1950s and 1960s, the grocery retail industry was characterized by ownership concentration. In other words, fewer and fewer owners started to own more and more stores (which they would go and absorb from smaller competitors). The structure and conduct of the market was going in the direction of fewer competitors of larger sizes. In the particular case of Von’s Grocery Company, it may be seen that its sales, when combined with the sales of Shopping Bag Food Stores, represented 7.5% of the total dollar amount of retail groceries sold per year in Los Angeles. Combining this fact by the fact that between the late 1940s and the late 1950s both businesses involved with the merger had doubled in size (measured by the amount of retail stores owned by each), and that the trend was going in the direction of larger (and fewer) competitors, it was decided that there wa s no violation of Section 7 of the Clayton Act. In sum, it was decided that there was no attempt of creating a monopoly, but rather a strategic decision imposed by the market. Works Cited Fox, Byron E. Fox, Eleanor M. Chapter Summary, ABSTRACT TEXT:. LexisNexis Group. 2014. . Web. 21 June 2014. Thomson Reuters. U.S. Supreme Court. Thomson Reuters, 2014. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=USvol=384invol=270>. Web. 20 June 2014.

Friday, January 17, 2020

Munich: A City of Sorrow, Politics, and Culture Essay

In 1923, Adolf Hitler and the National Socialists marched to Munich in an attempt to overthrow the Munich government. The Weimar government ordered the army to quell the revolt. Hitler was arrested and several high-ranking members of the Nazi Party were incarcerated. In 1933, Munich became once again the power center of the National Socialists after Hitler’s assumption to power. The Nazi Party established the first internment camp (usually for political prisoners) at Dachau, several kilometers north of the city. Because Munich was the power center of National Socialism, it was called ‘capital of the movement. ’ The Nazis built several monumental buildings south of the city to commemorate fallen comrades in the 1923 putsch. Westerners call Munich as ‘the city of political distress. ’ It was in Munich that Neville Chamberlain agreed to cede Czechoslovak territory to Hitler. And it was also the site where Hitler announced his desire to annex Austria into the German Reich. Indeed, in some instances, the city was referred to as the ‘city of sorrow. ’ But this generalization is unfounded. Munich was also the headquarters of the White Rose, the Nazi resistance movement. During the Second World War, the city was severely damaged by air raids. Several of the city’s heritage buildings were either damaged or destroyed. After the Allies occupied Munich in 1945, the city was rebuilt. General George Marshall allocated a staggering 100 million dollars for the reconstruction of Munich alone. However, the reconstruction of the city was a superficial break with tradition. The Allies saw an immediate need to eliminate the remnants of Nazism in the city. One such example was the proposed demolition of the monument Giesinger Berg, a stone monument of a naked figure â€Å"strangling a snake that symbolized ‘degeneration and decline’† (Rosenfeld, 112). Around the figure were emblems, symbols, and names of twenty-two Freikorps companies that participated in suppressing the communist revolt in 1919. The Allies ordered the demolition of the structure with the consent of the city council. Munich was the site of intense Denazification. Modernism and populism became the defining themes of the city after the 1972 Olympics. As Rosenfeld argued: The modernization in the city gave rise to inevitable countertendencies as its destructive potential became increasingly evident †¦ This destructive creativity was partially advanced by the modern movement, whose radical city planning principles and universal architectural aesthetic progressively effaced the particularist features of local urban identity. Beginning in the mid-1960s, this trend’s acceleration generated expressions of protests that eventually developed into the new populist historic preservation movement (147). Indeed, the city was being assimilated into mainstream European culture. The city became the center of modernity and classicism. Modernity aimed for the economic and physical reconstruction of the city while classicism focused on cultural revivalism. Both forces worked at ease for more than 50 years. As Rosenfeld correctly observed: The late 1950s marked the beginning of a period of rapid urban growth for Munich. In December 1957, the registration of the city’s one-millionth inhabitants demonstrated that Munich †¦ had now on the eve of its eight-hundred birthday, achieved the critical mass to become a legitimate metropolis. Accompanying this rapid urban development was the rapid advancement of innovation (148). To date, the city is considered to be the global centre for cutting-edge automotive technology. Many of Germany’s leading car manufacturers established their headquarters in Munich. The city is also known as the ‘Silicon Valley of the East. ’ It is also one of the wealthiest cities in the world. Financial and consulting firms listed the city among the top 20 cities with the highest quality of life. In addition, Munich has a strong, solid, and thriving economy motivated by information technology, and highly integrated public sector. From 1950 up to the present, Munich is home to many professional football teams. The Munich territory has three teams playing in the Bundestag system. Munich is one of the main European cultural centers and has been host to several prominent musicians and artists including Rubinstein, Heifetz, Mozart, Wagner, Strauss, and Reger. The National Theater was established by Ludwig II, ruler of Bavaria, and is home to the Bavarian State Opera. The so-called Residenz theatre was established before the outbreak of the Second World War. Other opera houses were founded decades before the construction of the Residenz. For example, the Gartnerplatz Theatre staged the first edition of Mozart ‘K-ballets. ’ From a historical perspective, the city has evolved from a base of radical ideology to a modern, industrialized, and cultural center. As Toynbee noted: I have seen a city which beheld all which is sorrowful. Yet, in reality, I have descended into a state of powerlessness. This is not the idea of Nazism or the defunct ideological history of the city. It is awe and admiration that a city so cursed has become a powerhouse of economics and culture (622). Works Cited Rosenfeld, Gavriel. Munich and Memory: Architecture, Monuments and the Legacy of the Third Reich. New York: Macmillan Publishing Company, 2007. Toynbee, Arnold. Post War Germany. London: London

Thursday, January 9, 2020

Spontaneous Bilateral Adrenal Hemorrhage - Free Essay Example

Sample details Pages: 5 Words: 1428 Downloads: 9 Date added: 2019/10/10 Did you like this example? Background Adrenal hemorrhage is a rare condition that results in adrenal shock, death, or adrenal crisis unless treated on time (Dahiya et al. 2). Unfortunately, the symptoms of the disease are not easy to identify because they are unclear. Don’t waste time! Our writers will create an original "Spontaneous Bilateral Adrenal Hemorrhage" essay for you Create order In fact, most patients discover that they are suffering from this disease when being scanned for other cases. Since it does not have any clinical manifestations, it is difficult to point out the causes or effectively treat it (Barucha et al. 6). In adults, the disease is caused by sepsis from an organism or meningococcemia. In addition, being under extreme stress could lead to insufficient production of adrenaline which may cause the disease. Pathophysiology The pathophysiology of this disease remains unclear. However, there are features which predispose the adrenal medulla to thrombosis (Sharma 12). It is important to note that thrombosis has been linked to this disease. Regarding the features, the rich supply of blood from the artery to the delicate subscapular arteries with very few venules is the major contributor (Girgis et al. 44). The adrenal gland has arich supply of blood but has poor drainage because it depends on one vein. In the same manner, stressful conditions also lead to the disease as mentioned earlier. In the adrenal glands, there is a hormone called adrenocorticotropic (ACTH) whose quantity increases when an individual is stressed (Rosenberger et al. 31). ACTH has the effect of making arterial blood flow into the arteries much higher than the vein can drain. Coupled with thrombosis, the likelihood of this disease occurring are much higher. The occurrence of the disease is attributed to a disease called Waterhouse –Friedrich en syndrome (WFS). This disease leads to the failure of the adrenal glands due to excessive bleeding into the adrenal glands (Hammond et al. 2,476). The pathogen responsible for this disease is called meningococcus. A bacterial infection leads to meningococcemia which causes the severe bleeding. Even though WFS is classically named as the main cause, bilateral hemorrhage can occur due to pregnancy, burns, and traumatic events (Hammond et al. 2,477). Other adrenal diseases or complications are also associated with the disease. For instance, thrombocytopenia or surgery. Epidemiology Frequency The occurrence of this disease is very rare. As a matter of fact, it was assumed that less than 1% of the total population had the disease several decades ago. In America, less between 0.3 and 1.8 % of the population suffers from the disease (Sharma 14). Even so, for people who die of shock, 15% of them are believed to have suffered from this disease. Mortality Acute adrenal insufficiency may occur in the presence of the disease. Surprisingly, patients who suffer from adrenal hemorrhage do so because of underlying diseases related to the adrenal glands (Sacerdote 55). That is to say, even when treatment is successful, there is still the possibility of the patient dying. In general, this disease accounts for 15% of the total mortality of people suffering from adrenal problems. Despite that, it is possible for the severity to increase depending on the underlying adrenal disease (Bharucha 13). To illustrate, patients suffering from WFS have higher mortality rates than those who have less threatening diseases. To be precise, these patients have a 50-60% mortality rate. Chronic adrenal insufficiency occurs in people who survive from this disease. For their recovery, they require long-term glucocorticoid replacement. Androgen replacement is also available as an alternative form of treatment (Dahiya 7). Despite the treatment options, there are very rare cases of patients recovering completely. Nevertheless, early treatment and detection make all the difference. Gender factors According to reports, males have a higher chance of getting the bilateral hemorrhage than females. The ratio of man to woman is 2:1 (Dahiya 8). That means that men are twice as likely to get this disease as women. Age Although age is not a prime factor, it has been reported that people affected by this disease are in their thirties at the very least (Rosenberger 35). Furthermore, the people in their 40s have higher chances of getting this disease. Although traumatic experiences could lead to the disease, non-traumatic causes are also responsible for it. By the age, 80% the likelihood of getting this disease is much higher. WFS is a pediatric disease that increases one’s chance of getting the disease. Signs and symptoms As mentioned earlier, the disease does not have any distinctive signs and symptoms to enhance treatment. Even so, there are several characteristics that have been identified in the patients. They include: Primary symptoms The primary symptoms of this disease are chest pain or in other cases back pain, and pain in the abdomen. Fever may occur although it is a rare feature (Hammond 2,485). In the case of theabdomen, acute abdominal rigidity and rebound tenderness were reported in 15%-20% of the cases. Hypotension may also occur though the chances are 15%. In Severe but rare cases, anemia may occur. As noted, these symptoms are not isolated in occurrence. In light of that, pinpointing the actual disease becomes problematic (Dahiya 9). In the case of pregnant women, it is even worse because of similar symptoms arising from other factors. As aforementioned, chances of survival of this disease are very low. Diagnosis CT scans The standard diagnostic measure includes the use of computed tomography (CT) scans with or without contrast. The CT scan is important because, through it, the adrenaline gland can clearly be seen and so can any swellings in it (Hammond et al. 2,499). A CT scan also helps differentiate the different causes of the hemorrhage. Through this clarity, the doctor can tell the different causes of the bleeding. The differentiation is obtained through enhancing the images and precontrast scans (Girgis 50). CT scans are more a more popular approach to diagnosing this disease. However, the rim enhancement makes it difficult to tell the precise cause of the hemorrhage. MRI scans Magnetic Resonance Imaging (MRI) scans are believed to be more accurate than CT scans. MRI scans with contrast enhanced with subtraction imaging give more accurate results (Sacerdote 57). In MRI scans, methemoglobin is used to detect and enhance areas of high signal on unenhanced T- weighted sequences. This aspect presents a problem because it makes it difficult to differentiate. To counter this problem, the subtraction of any particles in the blood is done. What is left is a hematoma which is identified (Sacerdote 59). MRI is the best alternative because it differentiates the acute and sub-acute hemorrhages. The two methods of diagnosis are commonly used in hospitals because they point out any unusual occurrence within the adrenaline glands (Bharucha 24). Diagnosis is important because it is the first step toward a treatment plan that could reduce chances of death. Treatment The treatment of this disease includes therapy sessions to replace the functioning of the adrenal glands and reduce any excessive fluids. In nontraumatic cases, surgery is not required. On the other hand, traumatic causes require surgery (Sharma 35). Treatment in children is done with parental guidance. Hydrocortisone is administered to children. Other drugs include Mineralocorticoids though this may not be effective in the case of bilateral hemorrhage in the long run. Radiology may also come in handy. Diet For individuals suffering from this disease, a lot of water and salt intake is important. For those critically ill, they are kept on a status called nothing by mouth (NPO) (Bharucha et al. 33). The NPO status is given depending on the severity of symptoms such as vomiting. Bed rest is required for those people suffering from this disease. Patient counseling and education Patient counseling and education are given to enable the patients to help them understand their condition better. For clarification, the patients visit several specialists who take part in their treatment process (Sacerdote 65). They include an endocrinologist who educates them more about the role that hormones play in the disease and how to manage it. Another consultant is a urologist or at times a surgeon who may or may not perform surgery on the patient. A cardiologist may also come in handy. Other specialists may such as infectious disease specialists are included in helping the patient manage the disease. Conclusion To conclude, it is evident that the disease is not easy to identify because some of the symptoms resemble those of other diseases. This disease is relatively rare and so not so much literature is available. This can be seen in the case of its pathology. Through CT and MRI scans, it is possible to identify the hemorrhage in the adrenal glands. While treatment is effective, there is still a high level of mortality rates experienced. Even so, it is important for the age groups susceptible to this disease to be checked should any of the symptoms suffice.

Wednesday, January 1, 2020

Capital Punishment And Its Effect On Society - 1535 Words

Capital Punishment Does capital punishment have a role in civilized society? No I don t think it does for two reasons for firstly because if you regard the taking of a human life by somebody the crime of murder is so serious as it is the idea that you can kill somebody yourself I think that is just completely wrong. Due to that we will strive to make the criminal justice system as accurate as possible to make sure that the person who is convicted pulse is really the guilty person on time sometimes the criminal system gets it wrong and if you ve had capital punishment you can never put that right. Which is why I am against Capital punishment. In President Obama s refusal to intervene, I am totally against his refusal. For example, the†¦show more content†¦Any of those punishments does not/ has not change society and the numbers of people being killed. ï ¿ ¼ I understand, that many people may view this debate as a total different perspective. In the sense when we have a criminal justice system that continuously fails in this country and where we have seen murders, rapist, and people that have committed horrific crimes. Going into prison released from prison and release back to the communities and societies, do the same crime over again basically getting away with murder. Current event example, Arron Hernandez A formal football player who previously some years ago was convicted with two murders. Arron Hernandez won the case and released from prison. Arron Hernandez, years later convicted the same crime and killed another human being. Hernandez was sent back to prison for the same crime this time he was sentence for life in prison. He obviously did not learn from the first situation, would you let him back to prison and found himself under the law of capital punishment. I understand there s not enough deterrent in this country for criminals and it s not fair for those who are affected by those who are criminals. 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