Search results for: winnerless competition principle

Authors: Jeyarajan Sivapathasundram

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Knowledge management has been recognised as an emerging factor for being competitive among institutions and performances in firms. As such, being recognised as knowledge rich institution, higher education institutes have to be recognised knowledge management based resources for achieving competitive advantages. Present research picked result out of postgraduate research conducted in knowledge management at non-state higher educational institutes of Sri Lanka. Besides, the present research aimed to discover knowledge management for competition and firm performances of higher educational institutes out of the result produced by the postgraduate study. Besides, the results are found in a pair that developed out of knowledge management practices and the reason behind the existence of the practices. As such, the present research has developed a filter to pick the pairs that satisfy its condition of competition and performance of the firm. As such, the pair, such as benchmarking is practised to be ethically competing through conducting courses. As the postgraduate research tested results of foreign researches in a qualitative paradigm, the finding of the present research are generalise fact for knowledge management for competitiveness and performances in higher educational institutes. Further, the presented research method used attributes which explain competition and performance in its filter to discover the pairs relevant to competition and performances. As such, the fact in regards to knowledge management for competition and performances in higher educational institutes are presented in the publication that the presentation is out of the generalised result. Therefore, knowledge management for competition and performance in higher educational institutes are generalised.

Keywords: competition in and among higher educational institutes, performances of higher educational institutes, noun based filtering, production out of generalisation of a research

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Authors: Cupian

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The expansion of Islamic banking industry seems to emphasize the banking competition in Indonesia where conventional and Islamic banks coexist. In addition, the 2007/2008 global financial crisis and deregulation have the effect on competitive conditions in Islamic banking market. In this context, this study aims at investigating competitive conditions and market power of Islamic banks in Indonesia using firm level data over the period 2006-2013. The study also attempts to identify the factors that represent the power of banking market to better study the degree of competition in this banking industry. Using samples of 27 Islamic commercial banks, the study uses a variety of structural and non-structural measures related to the traditional approach and the new empirical approach of the industrial organization (NEIO). The methodology is based on the set of measures of the competition and market power. The first measure is a set of concentration ratios (CR4) and Herfindahl-Hirschman index (HHI).The second measures are the Panzar and Ross H-statistic and the Lerner index based on econometric estimations with the aim of evaluating the market structure and measuring its power in terms of price setting. The results of the competition analysis suggest that the Islamic banking markets in Indonesia cannot be characterized by the bipolar cases of either perfect competition or monopoly over 2006-2013. That is, banks earned their revenues operating under conditions of monopolistic competition in that period. Overall, Islamic banks in Indonesia operate in a relatively less competitive environment or in high market power. It is also indicated that Islamic bank that hope to achieve higher returns should operate in the competitive environment.

Keywords: bank competition, islamic banks, market structure, profitability

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Authors: Faiz Ul Haque Zeya

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In this paper, Fapitow’s bidding strategy and approach to participate in Travel Agent Competition (TAC) is described. Previously, Fapitow is designed using the agents provided by the TAC Team and mainly used their modification for developing our strategy. But later, by observing the behavior of the agent, it is decided to come up with strategies that will be the main cause of improved utilities of the agent, and by theoretical examination, it is evident that the strategies will provide a significant improvement in performance which is later proved by agent’s performance in the games. The techniques and strategies for further possible improvement are also described. TAC provides a real-time, uncertain environment for learning, experimenting, and implementing various AI techniques. Some lessons learned about handling uncertain environments are also presented.

Keywords: agent, travel agent competition, bidding, TAC

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Authors: Mohammad Younus Bhat

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The quaternion offset linear canonical transform (QOLCT), which isa time-shifted and frequency-modulated version of the quaternion linear canonical transform (QLCT), provides a more general framework of most existing signal processing tools. For the generalized QOLCT, the classical Heisenberg’s and Lieb’s uncertainty principles have been studied recently. In this paper, we first define the short-time quaternion offset linear canonical transform (ST-QOLCT) and drive its relationship with the quaternion Fourier transform (QFT). The crux of the paper lies in the generalization of several well-known uncertainty principles for the ST-QOLCT, including Donoho-Stark’s uncertainty principle, Hardy’s uncertainty principle, Beurling’s uncertainty principle, and the logarithmic uncertainty principle.

Keywords: Quaternion Fourier transform, Quaternion offset linear canonical transform, short-time quaternion offset linear canonical transform, uncertainty principle

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Authors: Raúl Bajo-Buenestado

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This paper studies the impact of the intensity of market competition on firms' willingness to adopt green technologies —which has become particularly relevant in the light of the debate on whether competition policies should be relaxed to achieve certain environmental targets. We exploit the staggered rollout of different rail-hailing platforms (most notably, Uber) across different metropolitan areas in Spain as a natural experiment that provides time and city-specific exogenous variation in the intensity of competition to study the impact on taxi drivers' decisions to purchase “green” or “dirty” vehicles. It was shown that the entry of these platforms significantly increased the takeout of green vehicles among professional drivers in incumbent (dominant) conventional taxi companies and decreased that of dirty vehicles. The exact opposite effect is observed in the cities where these platforms were extremely unlikely to enter. Back of the envelope calculations suggest that the entry of Uber is associated with an extra green vehicle purchase in every four among taxi drivers, resulting in a substantial drop in the level of emissions from the taxi fleet —still mostly dominated diesel vehicles.

Keywords: technological change, green technology adoption, market competition, diffusion of technology, environmental externalities

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Authors: Chen Chan Wei

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The purpose of this study was to investigate the impact of swim 1500m, 10000m run, VO2 max, and body fat on Olympic distance triathlon competition performance. The subjects were thirteen college triathletes with endurance training, with an average age, height and weight of 20.61±1.04 years (mean ± SD), 171.76±8.54 cm and 65.32±8.14 kg respectively. All subjects were required to take the tests of swim 1500m, run 10000m, VO2 max, body fat, and participate in the Olympic distance triathlon competition. First, the swim 1500m test was taken in the standardized 50m pool, with a depth of 2m, and the 10000m run test on the standardized 400m track. After three days, VO2 max was tested with the MetaMax 3B and body fat was measured with the DEXA machine. After two weeks, all 13 subjects joined the Olympic distance triathlon competition at the 2016 New Taipei City Asian Cup. The relationships between swim 1500m, 10000m run, VO2 max, body fat test, and Olympic distance triathlon competition performance were evaluated using Pearson's product-moment correlation. The results show that 10000m run and body fat had a significant positive correlation with Olympic distance triathlon performance (r=.830, .768), but VO2 max has a significant negative correlation with Olympic distance triathlon performance (r=-.735). In conclusion, for improved non-draft Olympic distance triathlon performance, triathletes should focus on running than swimming training and can be measure VO2 max to prediction triathlon performance. Also, managing body fat can improve Olympic distance triathlon performance. In addition, swimming performance was not significantly correlated to Olympic distance triathlon performance, possibly because the 2016 New Taipei City Asian Cup age group was not a drafting competition. The swimming race is the shortest component of Olympic distance triathlons. Therefore, in a non-draft competition, swimming ability is not significantly correlated with overall performance.

Keywords: triathletes, olympic, non-drafting, correlation

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Authors: David Barney, Francis Pleban, Muna Muday

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The purpose of this study was to explore gender differences of former physical education students related to reflective experiences of competition in physical education learning environment. In the school environment, students are positioned in competitive situations, including in the physical education context. Therefore it is important to prepare future physical educators to address the role of competition in physical education. Participants for this study were 304 college-aged students and young adults (M = 1.53, SD = .500), from a private university and local community located in the western United States. When comparing gender, significant differences (p < .05) were reported for four (questions 5, 7, 12, and 14) of the nine scaling questions. Follow-up quantitative findings reported that males (41%) more than females (27%) witnessed fights in physical education environment during competitive games. Qualitative findings reported fighting were along the lines of verbal confrontation. Female participants tended to experience being excluded from games, when compared to male participants. Both male and female participants (total population; 95%, males; 98%; and females 92%) were in favor of including competition in physical education for students. Findings suggest that physical education teachers and physical education teacher education programs have a responsibility to develop gender neutral learning experiences that help students better appreciate the role competition plays, both in and out of the physical education classroom.

Keywords: competition, physical education, physical education teacher education, gender

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Authors: Helmut Geiblinger

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Dismounts performed by elite gymnasts during competition require great courage and virtuoso displays of precisely organized movements and skills. The dismount and landing leave the final impression in a routine and are often the key to a successful evaluation by the judges. Landings require precise body control and the skillful dissipation of substantial body momentum. The aim of this research study was to investigate landing techniques and strategies used by elite male gymnasts through the eyes of gymnastics experts. It drew from the accrued knowledge and experience of 21 male expert participants who were elite coaches, elite gymnasts, international judges or combinations of these. The experts made a number of subtle points, many of which are not in the extant literature. The experts highlighted concerns about safety and the study concluded that on-going monitoring of the rules on competition landings within the Code of Points would be beneficial to the sport.

Keywords: controlled competition landings, landing technique, landing strategies, optimal body segment coordination

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Authors: Jeroen De Ceuster

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This study is the first empirical analysis of the link between corporate governance and European Union competition law. Although competition law enforcement is often studied through the lens of competition law, we offer an alternative perspective by looking at a number of corporate governance factor at the level of the board of directors. We find that undertakings where the Chief Executive Officer is also chairman of the board are twice as likely to violate European Union competition law. No significant relationship was found between European Union competition law infringements and gender diversity of the board, the size of the board, the percentage of directors appointed after the Chief Executive Officer, the percentage of independent directors, or the presence of corporate social responsibility (CSR) committee. This contribution is based on a 1-1 matched peer study. Our sample includes all ultimate parent companies with a board that have been sanctioned by the European Commission for either anticompetitive agreements or abuse of dominance for the period from 2004 to 2018. These companies were matched to a company with headquarters in the same country, belongs to the same industry group, is active in the European Economic Area, and is the nearest neighbor to the infringing company in terms of revenue. Our final sample includes 121 pairs. As is common with matched peer studies, we use CLR to analyze the differences within these pairs. The only statistically significant independent variable after controlling for size and performance is CEO/Chair duality. The results indicate that companies whose Chief Executive Officer also functions as chairman of the board are twice as likely to infringe European Union competition law. This is in line with the monitoring theory of the board of directors, which states that its primary function is to monitor top management. Since competition law infringements are mostly organized by management and hidden from board directors, the results suggest that a Chief Executive Officer who is also chairman is more likely to be either complicit in the infringement or less critical towards his day-to-day colleagues and thus impedes proper detection by the board of competition law infringements.

Keywords: corporate governance, competition law, board of directors, board independence, ender diversity, corporate social responisbility

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Authors: Ida Madieha Abdul Ghani Azmi, Heng Gee Lim, Adlan Abdul Razak, Nasaruddin Abdul Rahman

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The objective of competition law is to maximise consumer welfare through the regulation of anti-competitive behaviour that results in the distortion of the market. Intellectual property law also seeks to enhance consumer welfare in the long run by encouraging the development of useful devices and processes. Nevertheless, in some circumstances, the IP owners behave in such a way that makes it difficult for rival companies to sell substitute products and technology in the market. Intellectual property owners may also reach a dominant position in the market such that they are able to dictate unfair terms and conditions on other market players. Among the two major categories of anti-competitive behavior is the use of horizontal and vertical agreement to constrain effective competition and abuse of dominant position. As a result, many countries have regulated the conduct of the IP owners that are considered as anti-competitive including the US, Canada, and Singapore. This paper visits the proposed IP Guidelines recently drafted by the Malaysian Competition Commission and investigates to what extent it resolves most of the anti-competitive behavior of the IP owners. The paper concludes by suggesting some of the rules that could be prescribed by the Competition Commission in order to maintain the relevancy of competition law as the main check against the abuse of rights by the intellectual property owners.

Keywords: abuse of dominant position, consumer welfare, intellectual property rights, vertical and horizontal agreements

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Authors: Xiaohan Bookman, Xiaoyan Zhu

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Margin-Based Principle has been proposed for a long time, it has been proved that this principle could reduce the structural risk and improve the performance in both theoretical and practical aspects. Meanwhile, feed-forward neural network is a traditional classifier, which is very hot at present with a deeper architecture. However, the training algorithm of feed-forward neural network is developed and generated from Widrow-Hoff Principle that means to minimize the squared error. In this paper, we propose a new training algorithm for feed-forward neural networks based on Margin-Based Principle, which could effectively promote the accuracy and generalization ability of neural network classifiers with less labeled samples and flexible network. We have conducted experiments on four UCI open data sets and achieved good results as expected. In conclusion, our model could handle more sparse labeled and more high-dimension data set in a high accuracy while modification from old ANN method to our method is easy and almost free of work.

Keywords: Max-Margin Principle, Feed-Forward Neural Network, classifier, structural risk

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Authors: Sanpetchuda Krutkrua, Suphawatchara Malanond

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Throughout the history of Antitrust regimes in Thailand, Thailand has been trying to prevent collusive practices in the market through the amendments of the Trade Competition Act, and Thailand just passed the current Trade Competition Act of B.E. 2560 in 2017 of which several aspects of the law were amended in order to enhance the prevention of collusive outcome through both vertical trade restraints and horizontal trade restraints. An agreement is vertical when it involves arrangements that are in a complementary relationship. In Section 55 of the Act, any agreements to reduce the price, quantity, or quality of the goods, agreements to assign a sole retailer for the goods, and the agreement to impose conditions on the retailers are not allowed. However, Section 56 provides exemptions for the vertical relationship between the business operators, the franchise agreement, and the licensing agreement as long as such agreements do not surpass the necessity to do so, create monopolization, or affect the consumers in terms of price, quality, quantity, or options. The paper aims to explore the extent of the exemption under Section 56 and sequential regulations in terms of the vertical trade restraints regarding intellectual property licensing, and, at the same time, compare with the exemptions under the European Union competition law, and Singapore competition law. Comparative legal analysis with leading jurisdiction will illustrate the application of the newly enacted Thai Competition Act in terms of its enforcement in the global impact of IP rights, which, by nature are de jure or de facto international protection.

Keywords: antitrust, competition law, vertical restraint, intellectual property, IP licensing

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Authors: Edwin Njoroge Kimani, Alan M. Munyao

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Despite Kenya’s status as a regional economic powerhouse, it struggles with economic shocks that expose the consumers. This, however, seems not to affect major cooperates such as those in the telecommunication and energy sectors. Through their operations, they have not only been able to fluctuate prices at will but also they have been accused of curtailing their rivals from penetrating the market. This study, through literature review of the legal and institutional framework, reports and publications interrogates the law and uncovers the following; i) failings of the legal framework to define market dominance and abuse of such positions, ii) the participation of the state, iii) the inertia of the government to prosecute corporations that abuse their market dominance, iv) the role of the state as a market player and as a regulator through the Competition Authority of Kenya. This study concludes that the market distortion is as a result of weak legal and institutional framework as well as conflict of interest by the government. Not much has been researched in the field of competition law the greater East Africa. This research is intended to form part of the growing research in the field and inform legal reform.

Keywords: competition law, economic power, dominance, Kenya

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Authors: Fatih Sulak, Betül A. Özdemir, Beyza Bozdemir

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In order to improve symmetric key research, several competitions had been arranged by organizations like National Institute of Standards and Technology (NIST) and International Association for Cryptologic Research (IACR). In recent years, the importance of authenticated encryption has rapidly increased because of the necessity of simultaneously enabling integrity, confidentiality and authenticity. Therefore, at January 2013, IACR announced the Competition for Authenticated Encryption: Security, Applicability, and Robustness (CAESAR Competition) which will select secure and efficient algorithms for authenticated encryption. Cryptographic algorithms are anticipated to behave like random mappings; hence, it is important to apply statistical randomness tests to the outputs of the algorithms. In this work, the statistical randomness tests in the NIST Test Suite and the other recently designed randomness tests are applied to six second round algorithms of the CAESAR Competition. It is observed that AEGIS achieves randomness after 3 rounds, Ascon permutation function achieves randomness after 1 round, Joltik encryption function achieves randomness after 9 rounds, Morus state update function achieves randomness after 3 rounds, Pi-cipher achieves randomness after 1 round, and Tiaoxin achieves randomness after 1 round.

Keywords: authenticated encryption, CAESAR competition, NIST test suite, statistical randomness tests

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Authors: Oktofa Y. Sudrajad, Didier V. Caillie

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Association of Southeast Asian Countries Nations (ASEAN) is moving forward to the next level of regional integration by the initiation of ASEAN Economic Community (AEC) which is already started in 2015, 8 years after its declaration for the creation of AEC in 2007. This commitment imposes financial integration in the region is one of the main agenda which will be achieved until 2025. Therefore, the commitment to financial integration including banking integration will bring new landscape in the competition and business model in this region. This study investigates the effect of competition on bank business model using a sample of 324 banks from seven members of Association of Southeast Asian Nations (ASEAN) countries (Cambodia, Indonesia, Malaysia, Philippines, Singapore, Thailand, and Vietnam). We use market power approach and Boone indicator as competition measures, while income diversification and bank funding strategies are employed as bank business model representation. Moreover, we also evaluate bank business model based by grouping the banks based on the main banking characteristics. We use unbalanced bank-specific annual panel data over the period of 2003 – 2015. Our empirical analysis shows that the banking industries in ASEAN countries adapt their business model by increasing non-interest income proportion due to the level of competition increase in the sector.

Keywords: bank business model, banking competition, Boone indicator, market power

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Authors: Sri Wartini

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Based on the sovereignty over natural resources principle, the Indonesian government has an authority to exploit the natural resources within a national jurisdiction of Indonesia. The forest is one of the natural resources which is very valuable for Indonesia. It becomes the source of raw material for many industrial activities, such as pharmaceutical industry, pulp industry, and household furniture industry. Hence, it contributes to the economic development of Indonesia. However, the exploitation of the forest may cause negative impacts, such as environmental pollution and environmental degradation. The implementation of the sovereignty over natural resources principle in Indonesia may jeopardize the forest and affect the sustainability of the forest if there is no appropriate policy of the government to exploit the forest in a sustainable manner. The exploitation of the forest in Indonesia, in some extent, has caused serious impact to environment and biodiversity. Hence, in order to sustain and to maintain the forest as the valuable resources to the future generation, the government of Indonesia has already adopted many programmes and action plans. The aim of the research is to undertake a critical examination of the issues relating to the the implementation of sovereignty over natural resources to the exploitation of the forest in Indonesia. It is a normative research and the methodology employed in this research is library research. While the approaches employed in the research are conceptual approach., statutory approach, and comparative approach. The research finds that the implementation of sovereignty over natural resources principle in the exploitation of the forest in Indonesia is limited by other principles of international environmental law, such as sustainable development principle, intergenerational principle and common concern principle which have been adopted in the government policy and various regulations regarding the exploitation of the forest in Indonesia.

Keywords: Environmental damage, negative impacts, pollution, the sovereignty over natural resources

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Authors: Wera Supa, Panita Wannapiroon

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This paper is a report on the designing of the social collaborative learning model based on proactive involvement to Promote the global merit principle in cultivating youths’ morality. The research procedures into two phases, the first phase is to design the social collaborative learning model based on proactive involvement to promote the global merit principle in cultivating youths’ morality, and the second is to evaluate the social collaborative learning model based on proactive involvement. The sample group in this study consists of 15 experts who are dominant in proactive participation, moral merit principle and youths’ morality cultivation from executive level, lecturers and the professionals in information and communication technology expertise selected using the purposive sampling method. Data analyzed by arithmetic mean and standard deviation. This study has explored that there are four significant factors in promoting the hands-on collaboration of global merit scheme in order to implant virtues to adolescences which are: 1) information and communication Technology Usage; 2) proactive involvement; 3) morality cultivation policy, and 4) global merit principle. The experts agree that the social collaborative learning model based on proactive involvement is highly appropriate.

Keywords: social collaborative learning, proactive involvement, global merit principle, morality

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Authors: Mykola G. Boichuk

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The paper concerns predatory pricing incentives and mechanisms in the markets of services, as well as its anti-competitive effects. As cost estimation at services markets is more complex in comparison to markets of goods, predatory pricing is more difficult to detect in the provision of services. For instance, this is often the case for professional services, which is analyzed in the paper. The special attention is given to employment markets as de-facto main supply markets for professional services markets. Also, the paper concerns such instances as travel agents' services, where predatory pricing may have implications not only on competition but on a wider range of public interest as well. Thus, the paper develops on effective ways to apply competition law rules on predatory pricing to the provision of services.

Keywords: employment markets, predatory pricing, services markets, unfair competition

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Authors: Simon O. Obadahun, Samuel Otohinoyi

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The Nigerian state is heterogeneous both in character and content. Efforts to manage this diversity has so far not yielded the desired result. This paper examines the Federal Character Principle as one of the instruments intended to manage our obvious diversity such that no part of the country is marginalized or feels marginalized or sidelined. The paper observed that the Federal Character Principle have not achieved its set objectives, which is national unity and loyalty. It draws from secondary sources and discovered that there are factors that make an equitable distribution of public appointments difficult which is beyond the powers of the federal character commission. The major argument of this paper is that if the Federal Character Commission as an organization expected to enforce this principle is not restructured and given more power to sanction individuals and organizations that are found of circumventing the relevant guidelines in this regards, the hope of national unity and loyalty will continue to be a mirage.

Keywords: appointments, federalism, federal character, national integration

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Authors: Pankhudi Khandelwal

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The revenue models of digital giants such as Facebook and Google, use targeted advertising for revenues. Such a model requires huge amounts of consumer data. While the data protection law deals with the protection of personal data, however, this data is acquired by the companies on the basis of consent, performance of a contract, or legitimate interests. This paper analyses the role that competition law can play in evading these loopholes for the protection of data and privacy of online consumers. Digital markets have certain distinctive features such as network effects and feedback loop, which gives incumbents of these markets a first-mover advantage. This creates a situation where the winner takes it all, thus creating entry barriers and concentration in the market. It has been also seen that this dominant position is then used by the undertakings for leveraging in other markets. This can be harmful to the consumers in form of less privacy, less choice, and stifling innovation, as seen in the cases of Facebook Cambridge Analytica, Google Shopping, and Google Android. Therefore, the article aims to provide a legal framework wherein the data protection law and competition law can come together to provide a balance in regulating digital markets. The issue has become more relevant in light of the Facebook decision by German competition authority, where it was held that Facebook had abused its dominant position by not complying with data protection rules, which constituted an exploitative practice. The paper looks into the jurisdictional boundaries that the data protection and competition authorities can work from and suggests ex ante regulation through data protection law and ex post regulation through competition law. It further suggests a change in the consumer welfare standard where harm to privacy should be considered as an indicator of low quality.

Keywords: data protection, dominance, ex ante regulation, ex post regulation

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Authors: Qiao Mao

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There is a growing number of studies concerning STEM (Science, Technology, Engineering, and Mathematics) and STEAM (Science, Technology, Engineering, Arts, and Mathematics). However, the research is little on STEAM competitions from Arts' perspective. This study takes the annual PowerTech STEAM competition in Taiwan as an example. In this activity, students are asked to make wooden bionic mechanical beasts on the spot and participate in a model and speed competition. This study aims to explore how Arts influences STEM after it involves in the making of mechanical beasts. A case study method is adopted. Through expert sampling, five prize winners in the PowerTech Youth Science and Technology Creation Competition and their supervisors are taken as the research subjects. Relevant data which are collected, sorted out, analyzed and interpreted afterwards, derive from observations, interview and document analyses, etc. The results of the study show that in the PowerTech Youth Science and Technology Creation Competition, when Arts involves in STEM, (1) it has an impact on the athletic performance, balance, stability and symmetry of mechanical beasts; (2) students become more interested and more creative in making STEAM mechanical beasts, which can promote students' learning of STEM; (3) students encounter more difficulties and problems when making STEAM mechanical beasts, and need to have more systematic thinking and design thinking to solve problems.

Keywords: PowerTech, STEAM contest, mechanical beast, arts' role

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Authors: Abdessalem Abbassi, Ahlem Dakhlaoui, Lota D. Tamini

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In this paper, we analyze infinite discrete-time games between hydraulic and thermal power operators in the wholesale electricity market under Cournot competition. We consider a deregulated electrical industry where certain demand is satisfied by hydraulic and thermal technologies. The hydraulic operator decides the production in each season of each period that maximizes the sum of expected profits from power generation with respect to the stochastic dynamic constraint on the water stored in the dam, the environmental constraint and the non-negative output constraint. In contrast, the thermal plant is operated with quadratic cost function, with respect to the capacity production constraint and the non-negativity output constraint. We show that under imperfect competition, the hydraulic operator has a strategic storage of water in the peak season. Then, we quantify the strategic inter-annual and intra-annual water transfer and compare the numerical results. Finally, we show that the thermal operator can restrict the hydraulic output without compensation.

Keywords: asymmetric risk aversion, electricity wholesale market, hydropower dams, imperfect competition

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Authors: Sanpetchuda Krutkrua, Suphawatchara Malanond

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Competition law is not a new thing in Thailand. Thailand first passed the first competition law during the Second World War in order to stop business operator monopolizing food and basic living supplies. The competition law in Thailand has been amended several times during the past eighty years in order to make it suitable for the current economic and social condition. In 2017, Thailand enacted the current Trade Competition Act of B.E. 2560, which contain several changes to the regime in order to enhance a prevention of collusive practices and monopolization through both vertical restraints and horizontal restraints. Section 56 of the Act provides exemptions for the vertical relationship; i.e., the arrangement in form of complementary relationship, between business operators, franchising agreements between franchisor and franchisee, and licensing agreement between licensor and licensee. The key is that such agreements must not be excessive, create monopolization or attempt to monopolize, or cause any impacts the consumers regarding price, quality, quantity of the goods. The goal of the paper is to explore the extent of the exemption under Section 56 and its sequential regulations regarding vertical trade restraints in the case intellectual property licensing. The research will be conducted in form of a comparative analysis on exemptions for collusive practices under the United States Antitrust law and the Thai Competition Act of B.E. 2560. The United Antitrust law, fairly similar to the Thai Competition Act of B.E. 2561, views the intellectual property licensing to have pro-competitive benefits to the market as long as the intellectual property licensing agreement does not harm the competition amongst the business operators that could have or would have been competitors. The United States Antitrust law identifies the relationship between the parties of the agreement whether such agreement is horizontal or vertical or both. Even though the nature of licensing agreements is primarily vertical, the relationship between licensor and licensees can also be horizontal if they could have been potential competitors in the market as well. The United States Antitrust law frowns upon, if not prohibits, the horizontal restraints regarding the intellectual property licensing but does not impose the same restrictions on the vertical trade restraints regarding intellectual property licensing.

Keywords: antitrust, competition law, vertical restraint, intellectual property, intellectual property licensing, comparative law

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Authors: Nurul Aini Abdul Wahab, Nor Syamim Halidin, Sayidatina Aisah Masnan, Nur Izzati Romli

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There are many applications of principle component method for reducing the large set of variables in various fields. Fisher’s Discriminant function is also a popular tool for classification. In this research, the researcher focuses on studying the performance of Principle Component-Fisher’s Discriminant function in helping to classify rice kernels to their defined classes. The data were collected on the smells or odour of the rice kernel using odour-detection sensor, Cyranose. 32 variables were captured by this electronic nose (e-nose). The objective of this research is to measure how well a combination model, between principle component and linear discriminant, to be as a classification model. Principle component method was used to reduce all 32 variables to a smaller and manageable set of components. Then, the reduced components were used to develop the Fisher’s Discriminant function. In this research, there are 4 defined classes of rice kernel which are Aromatic, Brown, Ordinary and Others. Based on the output from principle component method, the 32 variables were reduced to only 2 components. Based on the output of classification table from the discriminant analysis, 40.76% from the total observations were correctly classified into their classes by the PC-Discriminant function. Indirectly, it gives an idea that the classification model developed has committed to more than 50% of misclassifying the observations. As a conclusion, the Fisher’s Discriminant function that was built on a 2-component from PCA (2-PC-D) is not satisfying to classify the rice kernels into its defined classes.

Keywords: classification model, discriminant function, principle component analysis, variable reduction

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Authors: Abir Abdessalem, Sahbi Tamboura, J. Fitoussi, Hachmi Ben Daly, Abbas Tcharkhtchi

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Dynamic mechanical analysis (DMA) is one of the most used experimental techniques to investigate the temperature and frequency dependence of the mechanical behavior of viscoelastic materials. The measured data are generally shifted by the application of the principle of the time– temperature superposition (TTS) to obtain the viscoelastic system’s master curve. The aim of this work is to show the methodology to define the horizontal shift factor to be applied to the storage modulus measured in order to indicate the validity of (TTS) principle for this material system. This principle was successfully used to determine the long-term properties of the Sheet Moulding Compound (SMC) composites.

Keywords: composite material, dynamic mechanical analysis, SMC composites, viscoelastic behavior, modeling

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Authors: Cedric Leong, Parth Desai, Parth Patel

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The purpose of this project was to develop a neural network based on qualitative team data to predict alliance scores to determine winners of matches in the FIRST Robotics Competition (FRC). The game for the competition changes every year with different objectives and game objects, however the idea was to create a prediction system which can be reused year by year using some of the statistics that are constant through different games, making our system adaptable to future games as well. Aerial Assist is the FRC game for 2014, and is played in alliances of 3 teams going against one another, namely the Red and Blue alliances. This application takes any 6 teams paired into 2 alliances of 3 teams and generates the prediction for the final score between them.

Keywords: artifical neural network, prediction system, qualitative team data, FIRST Robotics Competition (FRC)

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Authors: Pedro Mario Gonzalez Jimenez

Abstract:

The novelties introduced by the last Notice on agreements of minor importance tighten the application of the ‘De minimis’ safe harbour in the European Union. However, the undetermined legal concept of effect on trade between the Member States becomes importance at the same time. Therefore, the current analysis that the jurist should carry out in the European Union to determine if an agreement appreciably restrict competition under Article 101 of the Treaty on the Functioning of the European Union is double. Hence, it is necessary to know how to balance the significance in competition and the significance in effect on trade between the Member States. It is a crucial issue due to the negative delimitation of restriction of competition affects the positive one. The methodology of this research is rather simple. Beginning with a historical approach to the ‘De Minimis Rule’, their main problems and uncertainties will be found. So, after the analysis of normative documents and the jurisprudence of the Court of Justice of the European Union some proposals of ‘Lege ferenda’ will be offered. These proposals try to overcome the contradictions and questions that currently exist in the European Union as a consequence of the current legal regime of agreements of minor importance. The main findings of this research are the followings: Firstly, the effect on trade is another way to analyze the importance of an agreement different from the ‘De minimis rule’. In point of fact, this concept is singularly adapted to go through agreements that have as object the prevention, restriction or distortion of competition, as it is observed in the most famous European Union case-law. Thanks to the effect on trade, as long as the proper requirements are met there is no a restriction of competition under article 101 of the Treaty on the Functioning of the European Union, even if the agreement had an anti-competitive object. These requirements are an aggregate market share lower than 5% on any of the relevant markets affected by the agreement and turnover lower than 40 million of Euros. Secondly, as the Notice itself says ‘it is also intended to give guidance to the courts and competition authorities of the Member States in their application of Article 101 of the Treaty, but it has no binding force for them’. This reality makes possible the existence of different statements among the different Member States and a confusing perception of what a restriction of competition is. Ultimately, damage on trade between the Member States could be observed for this reason. The main conclusion is that the significant effect on trade between Member States is irrelevant in agreements that restrict competition because of their effects but crucial in agreements that restrict competition because of their object. Thus, the Member States should propose the incorporation of a similar concept in their legal orders in order to apply the content of the Notice. Otherwise, the significance of the restrictive agreement on competition would not be properly assessed.

Keywords: De minimis rule, effect on trade, minor importance agreements, safe harbour

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Authors: Anna Pudlo

Abstract:

The EU law encompasses many supranational legal systems (EU law, ECHR, international public law and constitutional traditions common to the Member States) which guarantee the protection of fundamental rights, with partly overlapping scopes of applicability, various principles of interpretation of legal norms and a different hierarchy. In EU law, the prohibition of discrimination on grounds of sexual orientation originates from both the primary and secondary EU legislation. At present, the prohibition is considered to be a fundamental right in pursuance of Article 21 of the Charter, but the Court has not yet determined whether it is a right or a principle within the meaning of the Charter. Similarly, the Court has not deemed this criterion to be a general principle of EU law. The personal and materials scope of the prohibition of discrimination on grounds of sexual orientation based on Article 21 of the Charter requires each time to be specified in another legal act of the EU in accordance with Article 51 of the Charter. The effect of the prohibition of discrimination on grounds of sexual orientation understood as above will be two-fold, for the States and for the Union. On the one hand, one may refer to the legal instruments of review of EU law enforcement by a Member State laid down in the Treaties. On the other hand, EU law does not provide for the right to individual petition. Therefore, it is the duty of the domestic courts to protect the right of a person not to be discriminated on grounds of sexual orientation in line with the national procedural rules, within the limits and in accordance with the principles set out in EU law, in particular in Directive 2000/78. The development of the principle of non-discrimination in the Court’s case-law gives rise to certain doubts as to its applicability, namely whether the principle as the general principle of EU law may be granted an autonomous character, with respect to the applicability to matters not included in the personal or material scope of the Directives, although within the EU’s competence. Moreover, both the doctrine and the opinions of the Advocates-General have called for the general competence of CJEU with regard to fundamental rights which, however, might lead to a violation of the principle of separation of competence. The aim of this paper is to answer the question what is the nature of the prohibition of discrimination on grounds of sexual orientation in EU law (a general principle in EU law, or a principle or right under the Charter’s terminology). Therefore, the paper focuses on the nature of Article 21 of the Charter (a right or a principle) and the scope (personal and material) of the prohibition of discrimination based on sexual orientation in EU law as well as its effect (vertical or horizontal). The study has included the provisions of EU law together with the relevant CJEU case-law.

Keywords: EU law, EU principles, non-discrimination in EU law, Charter of the Fundamental Rights

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Authors: Aiman Elragig, Hanan Dreiwi, Dung Ly, Idriss Elmabrook

Abstract:

This paper highlights a new approach to look at online principle components analysis (OPCA). Given a data matrix X ∈ R,^m x n we characterise the online updates of its covariance as a matrix perturbation problem. Up to the principle components, it turns out that online updates of the batch PCA can be captured by symmetric matrix perturbation of the batch covariance matrix. We have shown that as n→ n0 >> 1, the batch covariance and its update become almost similar. Finally, utilize our new setup of online updates to find a bound on the angle distance of the principle components of X and its update.

Keywords: online data updates, covariance matrix, online principle component analysis, matrix perturbation

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Authors: Mohammad Saleem, Mujahid Kamran

Abstract:

It is shown that causality, the principle that cause must precede effect, leads inter alia, to highly significant result that the velocity of a material particle cannot be even equal to that of light. Consequently, combined with special relativity, it leads to the conclusion that material particles of zero rest mass cannot exist in nature. Thus, causality, a principle without which nature would be incomprehensible, combined with special relativity, forbids the existence of material particles of zero rest mass. For instance, the neutrinos, as is now known, are material particles of non-zero rest mass. The situation changes when we consider the gauge particles. In fact, when the principle of causality was proposed, the concept of gauge particles had not yet been introduced. Now we know that photon, a gauge particle with zero rest mass does exist in nature. Therefore, principle of causality, as generally stated, is valid only for material particles. For gauge particles, in order to make the statement of causality consistent with experiment, it has to be modified: The cause should either precede or be simultaneous with the effect. Combined with special relativity, it allows gauge particles of zero rest mass.

Keywords: causality, gauge particles, material particles, special relativity

Procedia PDF Downloads 475