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The prohibition against misleading names in an internal market context

Rørdam, Mette Ohm (Frederiksberg, 2013)

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Abstract:

This thesis investigates how food naming is regulated in the European Union with the aim to structure and explain the different rules regulating food naming and the interactions between the different rules, thereby clarifying de lege lata. Further, the thesis sets out to determine to what degree the Member States within the EU are free to regulate the naming of imported as well as domestically produced food, by way of legislation and/or by enforcement of the prohibition against misleading names. The interaction between the prohibition against misleading names and the obligation to mutually recognise names which have been legally used in other Member States are central in this thesis. The first part of the thesis introduces the thesis subject and provides an explanation to the approaches taken. The empirical data used for identifying practical real-life cases concerning potentially misleading names is presented. The second part of the thesis elaborates on the various EU rules in secondary law, their scope and objectives, including an examination of the rationales behind the rules based on application of economic theory. The borderlines between the rules are clarified. Part three of the thesis contains legal dogmatic analyses and discussions of the different EU rules regulating food naming. The analyses of the rules are based on practical real-life cases in which food naming has shown to be a challenging task. The difficulties addressed relate to: precision of names (the task of finding a name precise enough to provide adequate information to consumers without narrowing the product’s competitive field); product identity (difficulties in naming products that refer to specific ingredients and in which traditional ingredients have been replaced); the use of geographical names (which potentially mislead consumers) and language difficulties. In the last chapter of part three an analysis is provided of the concept of fairness and general prohibition against misleading consumers in order to clarify the criteria for applying these in real-life cases. Despite the existence of rather detailed rules on naming and labelling of food, which provides clarity in relation to food naming, the application of these rules is dependent on consumers’ expectation and potentially deception which must be assessed on a case-by-case basis, whereby the predictability of the rules is weakened. Part four of the thesis focuses on the borderlines between primary and secondary EU law and on answering the second part of the research question. Primary EU law defines the fundamental borderlines for EU law on food names and limits how food legislation can and must be applied. First part of this analysis focuses on the naming of imported food products, while the second part focuses on the naming of domestically produced food. The relevant sources of law are analysed and discussions are provided. It is concluded that the principle of mutual recognition takes precedence over the prohibition against misleading names, which prevents Member States from regulating the naming of imported food, by way of legislation and by enforcement of the prohibition against misleading names. Secondary EU law also limits how Member States can regulate the naming of domestically produced food. Part five provides the conclusion to the research question.

URI:

http://hdl.handle.net/10398/8670

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Public procurement

An explorative study of the contracts of the Tender Electronic Daily (TED)

la Cour, Lisbeth; Milhøj, Anders (Frederiksberg, 2013)

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Abstract:

Public procurement is estimated to constitute more than 16% of GDP in the EU, see e.g. Ramsey (2006). This is one of the reasons why a lot of interest has been attached to this topic. Most of the papers in this field have been of a theoretical nature but during the last ten years also a few empirical studies have become available, see e.g. Marion, J. (2007) and Bajari et al (2008). At the EU level liberalizations have been going on since the late 80’ies (see e.g. the EU commission (1985). Here certain regulations imply that public projects of a certain size need to be subject to a public tender. Again according to Ramsey (2006) around 16% of all public procurement in the EU is subject to these rules and regulations and information on the contracts corresponding to these 16% can be found in Tenders Electronic Daily (TED) database. In general, the hypothesis is that public procurement will increase competition and ultimately lead to cheaper contracts for the authorities, see e.g. Cecchini (1988) for the economic arguments. But in practice: do the rules and regulations ensure more competition? Do they lead to more internationalization in the sense that more foreign firms become contract winners? Do the government and municipalities in the EU countries actually gain economically from the procurement? Does the choice of type of procedure matter? A lot of interesting questions immediately pops up and some of them – but only some of them - may be analyzed based on the content of this data base. Still, due to the large coverage and the international nature of the data base we believe that a thoroughly study of the possibilities of TED is of major interest and the present study is just a first step in this direction. One of the students who extracted the TED data has also used them for analysis in his master thesis, see Bundsgaard (2010). He has, however, limited his interest to analyze the choice of procedure: auction vs. negotiation and therefore our study has a broader scope when it comes to available variables. To our knowledge we are the first group of researchers who begins to analyze the content of this database using explorative statistical techniques based on a broad range of variables.

URI:

http://hdl.handle.net/10398/8686

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As a Matter of Size

The Importance of Critical Mass and the Consequences of Scarcity for Television Markets

Berg, Christian Edelvold (Frederiksberg, 2013)

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Abstract:

This thesis “As a matter of size” demonstrates that size does indeed matter. Television markets have common characteristics across small and large markets, but the implications of these characteristics are varied due to the difference in size of economy and population. The influence of variable size is a consequence of the economic conditions of scarcity (limited resources) and thus the relative critical mass of the media market. Thus, the influence of size is an expression of the television market's inability to operate on normal market terms for provisioning particular types of services. Larger markets (measured by economy and population) have a higher potential of securing such content commercially. But all markets suffer from challenges in securing provisioning of original domestic content. Market intervention and public subsidy play an important role when it comes to securing domestic production. Political intervention can to some extent counteract the effects of the common characteristics, by changing market conditions through political regulation or subsidisation. The thesis shows that the European television markets mainly operate under conditions of oligopoly, usually in the form of different types of duopolies. The effect of size on market concentration is not as unambiguous as estimated in the literature, as the scope and extent of market intervention influence this quite intensely. Moreover, the study shows that television markets are dominated by relatively few, usually local, media companies and the multinational companies in most markets currently do not pose a real danger - but there are signs of a development which requires further research. Public service companies remain relatively strong in the markets studied, and continue to play an important role as a counterweight to national and international commercial competitors. Different markets require different policies that take into account the conditions in that specific market, in order to achieve a certain desirable merited effect. The thesis supports the view that a "one size fits all" policy across several markets when it comes to media regulation, risks not yielding the warranted results. Markets with different conditions, exposed to the same type of regulation, might have overall positive effects, but could also easily have a very negative impact if the conditions in a particular market do not fit with the intent of the policy. It is therefore far from certain that a "one size fits all" regulation will have the intended uniform effect on the affected market across several markets. This is especially true for markets that are challenged by having both a small population and a small economy. In a sense it is a paradox that the interest at European level in fair competition and equal opportunity for success can lead to different conditions of competition in a domestic market, as players may be subject to various conditions (in a way it can also be regarded as a consequence of domestic policy interventions), where the domestic players can face a strong international player, and as a result of the internal market and the Audiovisual Media Services directive, can achieve a competitive advantage, for example in relation to choosing the most lenient advertising rules. The analytical work of the thesis can substantiate claims that size has a significant effect and that there are concrete policy implications depending on size of economy and population, due to scarcity of resources in the individual market.

URI:

http://hdl.handle.net/10398/8629

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Making Ensemble Possible

How special groups organize for collaborative creativity in conditions of spatial variability and distance

O’Donnell, Shannon (Frederiksberg, 2013)

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Abstract:

The enormous challenges and opportunities impacting the world community today increasingly require people to practice collaborative innovation effectively both in person and across geographic boundaries. Simultaneously, advances in technology such as social networking tools, digital 3-D representations, virtual worlds, and open source practices are inspiring generations of users to develop new kinds of adaptive collaborative networks and capabilities. But when people work across organizational and geographic boundaries, new challenges arise that make it difficult for groups to achieve the levels of excellence they are capable of achieving together in close proximity. Practitioners need help determining how best to perform collaborative creativity given unique and dynamic work conditions. Meanwhile, as new forms of creative group work emerge at an accelerating pace, researchers struggle to keep up with and develop nuanced understanding of the variations in collaborative processes we increasingly see performed. With this PhD research, I aim to increase our understanding of a particular, specialized form of collaborative creativity called “ensembling.” I investigate this phenomenon by studying it in diverse—including “stretched”—conditions. By stretched, I mean that, literally, groups are stretched apart in space as membership size and spatial distance between members increase and work configurations vary. The groups I study are those both capable of achieving and driven to achieve a peak-performance state of ensemble, and do so via the enactment of an interdependent set of methods that call ensemble into being, a process I call ensembling. In their ideal form, these work methods support the emergence of ensemble and result in the creation of aesthetically coherent and novel outcomes that are particularly responsive to the contexts in which they are made. To investigate the phenomenon of ensemble, I first develop a construct of ensemble based on informant descriptions, and use theory and data to develop a detailed description of how ensembling is performed in natural conditions (i.e., in close physical proximity). Then I look at an extreme example in which a set of expert groups’ ability to ensemble was put under stress by an unprecedented work task. In 2009, multiple string quartets (many considered world class) organized to perform a new musical composition. The composition challenged four quartets at a time to perform as an integrated ensemble while sitting apart, in various configurations, and at spatial distances of up to 70 feet. To help them address the difficulties produced by increased membership and distance, the musicians integrated a simple coordinating technology into their process. To learn how participants made ensemble possible given these new conditions, I engaged multiple qualitative methods for generating data and multiple perspectives for interpretation. I first considered their process as an iterative approach to exploring strategies for addressing constraints, in order to show how the methods of ensembling interacted with conditions of increased group size, increased spatial distance and configurational variability, and to elicit their evolving beliefs about what methods made ensemble more likely to occur given these conditions. Then I performed an alternative interpretation, disrupting this logic and exploring the ways in which participants used methods of ensembling—particularly openness to uncertainty and reconceiving—to create unanticipated potentialities for ensemble to emerge despite constraints. I show how they worked with a coordinating technology called a “click-track” in important new ways that went beyond “merely” achieving synchronous coordination to increasing their autonomy, relatedness, and ability to demonstrate artistic virtuosity, enabling them to engage equally in leadership and participation and to play. Finally, performing a comparative analysis across sub-units of the case, including examples of breakdown in the process, I generated additional insights into what conditions, beliefs, methods and behaviors enable or inhibit processes of ensembling. Integrating learning from analysis and interpretation, I propose a new range of conditions in which ensembling is possible, and a revised and expanded description of the methods by which groups ensemble. Conditions can expand to include larger groups with limited-tenure consisting of enduring-tenure sub-groups, multiple task interdependencies at group and sub-group levels, balanced tenure at sub-group level, a balance between proximity and distance, opportunities to work with and without technological mediation, and self-determined configuration variability. I show that the emergence of ensemble depends on, for instance, a shared purpose to ensemble, and methods such as a “struggle” phase, episodes of close physical proximity, collective leadership, “dueting” in different configurations, reconceiving constraints, living with the paradox of one-and-four, opening the process to uncertainty and to the emergence of consent, and subliminal technology engagement. Ultimately, these groups demonstrated an increasing ability to adapt to new conditions faster and more creatively, making new configurations possible, and suggesting ways in which ensemble might be performed in other kinds of group settings. I summarize findings in the form of a “framework of ensembling” that is meant to serve as a tool to further enrich our yet nascent understanding of this complex phenomenon and to aid in the exploration of ensembling in contexts outside the usual places we expect it to occur.

URI:

http://hdl.handle.net/10398/8653

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Abstract:	These lecture notes present the basic principles of phrase structure that apply in English. We start by presenting in some detail the most complex phrase type in English, the noun phrase. Having done that, we demonstrate that all the other main phrase types, the AP, the PP and the VP, are modelled on the same structural principles as noun phrases.
URI:	http://hdl.handle.net/10398/8675