Rule Of Reason Research Articles

Analisis Perusahaan Jasa Konstruksi Terafiliasi dalam UU Jasa Konstruksi dan UU Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat

The economy of a country is closely related to economic transactions carried out by actors, namely producers, sellers and buyers. Such conditions increase the value of efficiency and reduce government costs due to community participation. This is in accordance with the objectives of Law number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition and Law number 2 of 2017 concerning Construction Services. Therefore, it is necessary to examine the compatibility between Article 44 of the Construction Services Law and Article 22 of the Antimonopoly and Unfair Business Competition Law and the position of affiliated construction companies in tenders for government procurement of goods and services using the rule of reason and per se illegal approach. The research method in this journal is normative juridical, library research and comparative study. So it can be concluded that article 44 of the Construction Services Law prohibits affiliation between service users and service providers (collutive vertical) with an illegal per se approach while article 22 of the Antimonopoly and Unfair Business Competition Law prohibits affiliation with a rule of reason approach. The method of inviting or directly appointing a service provider can create an affiliation relationship between the user and the service provider which can be interpreted as a form of nepotism. All parties involved in the process of procuring goods and/or services by the government must follow the principles of fair business competition.

Climate-associated risks for reliability, resilience, vulnerability and sustainability of irrigation reservoirs in small ungauged watersheds

Climate change poses an existential threat to the functional integrity of the network of agricultural reservoirs responsible for sustaining rice production in South Korea. Anthropogenic interventions have triggered a cycle of droughts and floods by magnifying the already existing supply–demand gap, which is seriously hampering reservoir performance. The watersheds of most agricultural reservoirs in South Korea are ungauged, and inflow and outflow data are not measured. In this study, recorded volumetric water storage data from five reservoirs were used to derive observed inflow data based on the hydrological reasoning and reservoir operation rule curves. These data were then used to evaluate the performance of a lumped rainfall-runoff model in simulating the runoff generated in upstream ungauged watersheds. A water balance analysis was conducted for 400 major agricultural reservoirs spread throughout the country during 1973–2017. Performance indices were estimated based on inflow availability in the reservoirs and downstream irrigation demands. Empirical relationships were derived to predict performance indices by using the reservoirs’ physical characteristics as input variables. Generally, reservoirs received substantially higher inflows compared to irrigation demands, suggesting sufficient water availability during the rice growing season (Apr−Sep). An out-of-phase cycle of peak inflow generation and water demand periods induced frequent failure events during the rice nursery transplanting period (May−Jun), and reservoir sustainability was minimal in these months. Southern and southwestern major agricultural regions with a higher density of small- to medium-sized reservoirs would be at higher risk of climate-induced water scarcity. Upsizing storage capacity could alleviate the water deficit in reservoirs associated with watersheds featuring higher means and lower standard deviations of runoff. A watershed-to-irrigated area ratio > 5 indicated acceptable reservoir sustainability.

Quality classification of stored wheat based on evidence reasoning rule and stacking ensemble learning

Classification of stored wheat quality is extremely important for reducing wheat storage losses and ensuring food security. However, the limitations of conventional single models and the uncertainties in the decision-making process have brought great challenges to the quality classification of stored wheat. To solve this problem, an accurate classification model for stored wheat quality based on Evidence Reasoning rule and Stacking ensemble learning (ER-Stacking) is proposed. Firstly, the base learners of the ensemble model are selected by the fusion measurement method of diversity and classification performance. Then, the importance weight and reliability factor of the evidence are obtained by the Differential Evolution (DE) algorithm and probability distance similarity, respectively. Finally, the ER rule is used to fuse the evidences optimized by weight and reliability to complete the identification and classification of stored wheat quality. In order to verify the validity of the method, experiments are conducted using the structured data on physiological and biochemical indicators of stored wheat. The experimental results show that the ER-Stacking ensemble model achieves 88.1%, 88.05%, 89.31% and 88.4% in the accuracy, precision, recall and f1-score, respectively, whose classification performance is significantly higher than that of the conventional single models. Compared with the models using other integration methods or different combination strategies of base learners, the proposed model also has obvious advantages, which can effectively improve the accuracy and reliability of the classification results of stored wheat quality.

Conjunctive and disjunctive combination rules in random permutation set theory: A layer-2 belief structure perspective

In uncertainty reasoning, conjunctive and disjunctive combination rules are the core tools for information updates. As an extension of evidential reasoning, random permutation set reasoning models uncertain information based on ordered focal sets. Existing combination rules in random permutation set theory, orthogonal sums, do not satisfy the commutativity of one of the original distributions and overly obey its order information. In this paper, the random permutation set theory is interpreted as an refined extension of Dempster–Shafer theory, and a layer-2 belief structure is proposed to describe the permutation event space. Compared with the traditional belief structure, the proposed structure can model both symbolic and numerical uncertainty. Based on the above, the conjunctive and disjunctive combination rules in Dempster–Shafer theory are extended to random permutation set theory. Through properties analysis and simulation demonstration, we demonstrate that the proposed methods can not only resolve the counter-intuitive results of orthogonal sums, but make full use of order information in distributions as well. In addition, we also extend the product space operations and discounting methods based on the proposed methods, and give a general framework of multi-source information fusion under the random permutation set theory.

The Practice of Efficiency Defense in Antitrust Cases: A Comparison of BRICS and European Cases

In non-merger antitrust cases efficiencies should play a significant role when authorities decide on cases as many potentially anticompetitive practices may have pro-competition effects, according to economic theory. In many jurisdictions rule of reason or effect based legal standard is claimed to be the policy adopted according to the own authorities. For such legal standards, considering efficiencies is part of the standard analysis protocol. We review the practice of efficiency defense in antitrust cases in selected BRICS and European countries. The case study shows that efficiencies are considered in rulings less often than expected. Similar arguments are used across countries, suggesting a common underlying economic analysis across jurisdictions that may have different legal institutions. We have employed the cross-country comparison based on Brazil, Russia, India, and South Africa cases. We also summarize the main reasons for efficiencies analysis not to be able to reverse the concluded anticompetitive effect from a business practice.

Conceptual Problems of Identifying Monopolistic Agreements and Other Monopolistic Actions

Introduction. The article is devoted to conceptual issues and problems of identifying monopolistic agreements and other monopolistic actions in the context of the tasks of applying the methodology of economic and legal analysis in antimonopoly law and practice for the purpose of improving the effectiveness of antimonopoly policy, improving the quality of resolving administrative and judicial cases arising from the application of antimonopoly legislation. Theoretical Basis. Methods. The theoretical basis of this article is the works of domestic and foreign researchers in the field of jurisprudence and economic sciences, primarily the methodology of economic and legal analysis, the economic analysis of competitive markets and antimonopoly regulation, public, primarily administrative and administrative procedural law, antimonopoly (competition) law, business law and related scientific fields. The methodological basis of this research is a complex of philosophical, general scientific and private scientific methods of cognition, including the balance of interests as a based on the convergence of legal ideas of justice and interest philosophical basis for developing optimal legal solutions in regulation and law application, dialectical, hermeneutic, formal legal, comparative legal, comparative historical, economic and legal analysis, legal sociology, etc. methods. Special attention is paid to the method of economic and legal analysis. Results. Using the elements of a retrospective comparative-historical analysis, the differences of the modern system of antimonopoly regulation are revealed, the peculiarity of which is the ontological connection of law and economics. This determines the need to create conditions for the integration of high-quality economic and legal analysis sufficient for the objective resolution of antimonopoly cases into the current system of means of countering monopolistic activity, as well as the resolution by courts and administrative bodies of various categories of cases arising from the application of antimonopoly legislation. From the standpoint of the principles of balance of interests, proportionality (efficiency, rule of reason), economic and legal analytical approach to assessing the legality of market behavior, law enforcement practice, official acts of judicial interpretation, especially the “antimonopoly” resolution of the Plenum of the Supreme Court of the Russian Federation No. 2 of March 4, 2021, are considered. Its importance for the further implementation of the economic and legal analytical method in antimonopoly science, legislation, practice in order to increase the effectiveness of antimonopoly policy, to ensure the socio-economic interests of citizens, society, and the state is emphasized. Discussion and Conclusion. As a result of the study, proposals aimed at ensuring constitutional goals and values in antimonopoly regulation and practice related to the implementation of the economic and legal analytical approach, ensuring the principles of balance of interests and proportionality (efficiency, rule of reason), including proposals to amend Article 13 of the Law “On Protection of Competition”, correction of the objectives of antimonopoly legislation, the use of economic expertise in the antimonopoly process, etc. In particular, the proposals on the need to expand the scope of Article 13 of the Law “On Protection of Competition”, revision of the concept of per se in Russian antimonopoly regulation and law enforcement are substantiated.

Health assessment of satellite storage battery pack based on solar array impact analysis

The space environment has grown more complex due to the high density of satellite missions, and the likelihood of collisions causing unexpected damage to solar arrays has increased. The current research on the assessment of battery pack health condition is based only on the data from battery packs themselves, without considering the impact of solar arrays' performance on battery packs. This would lead to an overestimation of battery packs' health, and if a satellite flight and control plan is developed based on this, it could result in excessive battery pack usage, potentially shortening the lifespan of the satellite. To address this issue, this paper proposed a novel framework for assessing the health condition of satellite battery packs, which expands the applicable scenarios of the assessment. Firstly, through an energy balance analysis of satellite power systems, the impact of solar array performance degradation on battery aging in different scenarios was discussed. Then, an Informer-based model was constructed to predict the output current of the solar array based on the decline mechanism of solar arrays. Next, a current supply and demand graph was created by combining the output current of the solar array with the load demand current, and an impact factor was defined to quantify the solar array's influence on the battery pack. A rule-based model of evidence reasoning and belief rule base was then improved by the impact factor to achieve evaluation. Finally, the telemetry data from a certain type of satellite were used to predict the current of the solar array. The prediction accuracy is significantly improved compared to traditional methods. Under the assumption of damage to the solar array, the health condition of the battery pack was evaluated, and the assessment result was consistent with the usage of the battery pack, demonstrating the effectiveness of the proposed method.

Pengaturan Jabatan Rangkap Anggota Direksi dan Dewan Komisaris BUMN: Perbandingan Indonesia dengan Amerika Serikat

This research aims to identify the comparison between the arrangements for interlocking directorates or dual positions of Directors and Commissioners of BUMN in Indonesia and the United States. This is because the two countries have different arrangements and approaches to proof. The problem formulation in this research is how interlocking directorates are regulated in the United States, and how the interlocking directorate arrangements for Directors and Commissioners of BUMN in Indonesia compare with the United States. This is normative legal research with statutory, conceptual, and comparative approaches. The results of this research are, first, the legal basis for interlocking directorates in America is regulated in the Clayton Act Section 8, while in Indonesia is regulated in several sectoral laws and implementing regulations. Second, the body authorized to monitor anti-competition in the United States is the FTC, while in Indonesia it is the Supervisory Board for Business Competition (Komisi Pengawas Persaingan Usaha, KPPU). Third, the imposition of sanctions in the United States is civil penalties, while in Indonesia there are administrative sanctions, principal penalties and additional penalties. Fourth, the approach used in the United States is illegal per se, whereas in Indonesia it is the rule of reason. Even though in the Business Competition Law the approach used in multiple positions is the rule of reason, it does not rule out the possibility that the business competition approach can be carried out using an illegal per se approach.

Concise rule induction algorithm based on one-sided maximum decision tree approach

As the importance of machine learning tools for decision support continues to grow, interpretability has emerged as a key factor. Rule-based classification algorithms, such as decision trees and rule induction, enable high local interpretability by providing transparent reasoning rules in an IF-THEN format. In this context, it is essential to provide concise and clear rules and conditions to achieve high local interpretability. This study proposes a novel Concise Algorithm, designed to effectively remove irrelevant conditions from classification rules. We present a framework incorporating the Concise Algorithm, which employs the One-Sided-Maximum decision tree algorithm for rule generation, followed by the application of the Concise Algorithm to remove irrelevant conditions. This proposed framework produces a rule-based classification model that exhibits an enhanced predictive performance-interpretability trade-off compared to benchmark methods (CART, Ripper, CN2, and modified One-Sided-Maximum), as demonstrated by empirical tests conducted on 19 UCI datasets. A case study focusing on the breast-cancer-wisconsin dataset provides a comprehensive analysis of the rule and condition generation processes.

Optimization Method of Assembly Tolerance Types Based on Degree of Freedom

The automatic generation of tolerance specifications is an important aspect of achieving digital product design. An obvious feature of the current automatic generation of tolerance based on rule reasoning is that all tolerance types will be inferred for the same assembly feature. However, when labelling part tolerance information, designers need to further screen based on the geometric function of the assembly, which may result in prioritizing tolerance types that do not meet the geometric requirements of the assembly. This paper presents an assembly tolerance type optimization method based on the degree of freedom (DOF) of tolerance zone for the optimization and screening problem after reasoning all possible tolerance types. Firstly, we define the DOF of tolerance zones and their representations, while also define the control parameter degrees of freedom (CPDF) of assemblies, and analyze the CPDF of typical geometric functional tolerances of assemblies; Secondly, the Boolean operation relationship between sets is used to construct a Boolean operation preference method for the CPDF. Then, an algorithm for the optimal selection of the shape and position tolerance items of the assembly is established based on the DOFs of tolerance zone. Finally, the proposed method is verified by an engineering example, and the result shows that the method can optimize and screen the geometric tolerance types of assemblies.

Application of shape grammar to vernacular houses: a brief case study of Unconventional villages in the contemporary context

ABSTRACT Shape grammar, as a design reasoning method, offers a graphical approach to decoding formal languages and implementing the emergence of results through recursive shape rules. Since its introduction in 1972, it has been increasingly utilized in researching vernacular houses’ inherent value and adaptive regeneration. This paper explains the principles of shape grammar and summarizes relevant research cases from the past four decades. Three representative cases are selected to demonstrate shape grammar’s positive impact on studying vernacular houses. Subsequently, the paper focuses on the “Unconventional Village” undergraduate graduation design from Shandong Jianzhu University. It uses it as an example to illustrate the design generation process of “unified construction” houses in rural China through rule reasoning. Finally, the research value of shape grammar is summarized, and the significance of studying contemporary vernacular houses is elaborated.

The rule of reason and the fundamentals against more presumption-based illegality legal standards: highlights on CADE’s decisions on digital economy issues

Abstract This article advocates against more presumption-based illegality legal standards. The focus is on the Rule of Reason analysis, which is in line with CADE’s case laws for analysing unilateral conducts, distinguishing between restraints with an anti-competitive effect (or resulting in conduct likely to cause such injury) that are harmful to the consumer, and restraints stimulating competition that are in the consumer’s best interest. In this sense, the article recalls some basic concepts, such as market power, dominant position, concentration indexes, and its interactions, since the recent discussions appear to have forgotten its basics. Moreover, a brief analysis of CADE’s procedures and the Brazilian Competition system, especially the analyses of unilateral conduct cases, is made in order to present a background for the readers. At the end, we report three digital antitrust cases judged by Cade to demonstrate the steps used by the authority in order to reach a decision on the case. In a nutshell, CADE has not shifted the analysis of unilateral conduct from the use of the rule of reason to a more presumption-based illegality approach.

The Form and Pattern of Business Actors Requirements in Exclusive Dealing: A Rule of Reason Approach

<div class="WordSection1"><p><em><span lang="EN-ID">Tying is usually defined as the dominant company selling one product since the buyer must also purchase a different product or agree not to purchase the bonded product from other suppliers. This paper analyzes requirements imposed by the reported business actor on other parties deemed to have violated the tying and bundling under competition law in Indonesia, the U.S., and the European Union. Also, it discusses the application of the Rule of Reason by the competition commission in these three region. This study uses a comparative law approach. The results of the analysis show that a tying agreement is an agreement that requires the recipient of the supply to buy other products that are not necessarily needed. Usually, these agreements are entered into by two affiliated companies or at least cooperating partners, one of which occupies a dominant position to prevent competitors from entering the relevant market. Not all tying agreements have a negative impact. Therefore, an impact analysis is needed through a rule of reason approach, especially in digital-based industries.</span></em></p></div>

Inference, Optimization, and Analysis of an Evidential Reasoning Rule-Based Modeling Approach

The evidential reasoning (ER) rule, with its strict probabilistic reasoning and superior uncertainty handling ability, has been widely used in the evaluation, diagnosis, and decision-making. Recently, a modeling approach based on the ER rule that combines the evidence constituted by a single attribute (SA_ER) has gradually attracted scholars' attention due to its good scalability and flexibility. However, in the SA_ER, the frame of discernment (FoD) is composed of a series of singleton propositions and the universal set of these propositions. Since the SA_ER has a special form of evidence structure, its reflection on the system output is incomplete. The existing FoD is unable to quantify this incompleteness, which greatly limits the development of SA_ER. In this paper, an improved SA_ER approach that extends the FoD to the power set (PSA_ER) is proposed. Meanwhile, combined with the physical meaning of the model parameters, the expressions of evidence weight and reliability are deduced respectively. Then, an intelligent optimization algorithm is used to optimize partial parameters to enhance the performance of PSA_ER. Further, the basic properties of PSA_ER are analyzed in detail from the parameter level to promote its engineering application. Finally, an engineering example is intended to demonstrate the effectiveness of the proposed approach.

Calculation and evaluation of similarity in sports information resources based on combined algorithm

Abstract It is helpful for athletes to obtain real-time and accurate sports information resources by integrating various recommendation algorithms into a personalised sports recommendation system. Therefore, this paper designs user-based and content-based recommendation algorithms, and recommends their results to sporters by weighted selection. In addition, by acquiring the characteristics of sporters, the method of the constraint space of core parameters is determined by using ontology rule reasoning, which ensures the rationality of sports parameter extraction, and thus establishes the similarity calculation model of sports resources and designs the strategy and method of model verification. Finally, the validity of the model is evaluated by Mahalanobis distance, and the recommendation effects of different algorithms are compared by similarity grade, which can provide sporters with personalised sports resources with stronger pertinence and better effect.

Exploration of the Application of Reasonable Use Rules for Short Videos in the Metaverse

Exploration of the Application of Reasonable Use Rules for Short Videos in the Metaverse

K_0^*(1430) twist-2 distribution amplitude and B_s,D_s rightarrow K_0^*(1430) transition form factors

Based on the scenario that the K_0^*(1430) is viewed as the ground state of sbar{q} or qbar{s}, we study the K_0^*(1430) leading-twist distribution amplitude (DA) phi _{2;K_0^*}(x,mu ) with the QCD sum rules in the framework of background field theory. A more reasonable sum rule formula for xi -moments langle xi ^nrangle _{2;K_0^*} is suggested, which eliminates the influence brought by the fact that the sum rule of langle xi ^0_prangle _{3;K_0^*} cannot be normalized in whole Borel region. More accurate values of the first ten xi -moments, langle xi ^nrangle _{2;K_0^*} (n = 1,2,ldots ,10), are evaluated. A new light-cone harmonic oscillator (LCHO) model for K_0^*(1430) leading-twist DA is established for the first times. By fitting the resulted values of langle xi ^nrangle _{2;K_0^*} (n = 1,2,ldots ,10) via the least squares method, the behavior of K_0^*(1430) leading-twist DA described with LCHO model is determined. Further, by adopting the light-cone QCD sum rules, we calculate the B_s,D_s rightarrow K_0^*(1430) transition form factors and branching fractions of the semileptonic decays B_s,D_s rightarrow K_0^*(1430) ell nu _ell . The corresponding numerical results can be used to extract the Cabibbo-Kobayashi-Maskawa matrix elements by combining the relative experimental data in the future.

Seismic isolation analysis and design of a plane irregular building structure in high earthquake intensity area

Taking the large commercial complex building of Changzhou Golden Eagle Plaza as the research object, this paper analyzes various parameters of typical special-shaped space structure under different isolation schemes under the conditions of earthquake protection, rare earthquake and extremely rare earthquake, compares three isolation layer design combinations of rubber isolation bearing, lead isolation bearing, rubber isolation bearing + lead isolation bearing, and studies the influence of different isolation layer arrangement schemes on the steel core and mass center of the building structure. The results show that the reasonable isolation design can obtain the reasonable arrangement pattern and rule of the plane irregular building structure in a high seismic intensity area by comparing and analyzing the arrangement schemes of different types and forms of isolation bearings in the isolation structure model.

Performance evaluation of non-repairable cyclic phased-mission systems using evidential reasoning rule and multi-valued decision diagrams

Phased-mission systems (PMS) often perform different missions that have multiple consecutive, non-overlapping phases. Many recent studies have focused on the reliability analysis for PMS. However, not much attention has been paid to the PMS performance evaluation and the phase cycle characteristic of PMS. In this paper, a performance evaluation method of non-repairable cyclic phased-mission systems (CPMS) is proposed. Considering the uncertainty caused by the change of phase duration and component performance degradation, the average duration of each phase and the fuzzy state probability vector of each component are obtained by the evidential reasoning rule (ER rule). Then, the multi-valued decision diagrams (MDD) manipulation rules suitable for cyclic phase conditions are proposed, and the component state composition path generation method based on cycle-end component states is developed. On the above basis, MDD models for CPMS (CPMS-MDD) in different states are established, and the system performance is evaluated by the continuous time Markov chains (CTMC). A phase duration adjustment strategy is further proposed based on the evaluation results. The effectiveness and correctness of the proposed method are verified by case studies on performance evaluation of satellite turntable system. Comparative study shows the concise and efficient of the proposed method.

Intelligent Recognition of Smoking and Calling Behaviors for Safety Surveillance

Smoking and calling are two typical behaviors involved in public and industrial safety that usually need to be strictly monitored and even prohibited on many occasions. To resolve the problems of missed detection and false detection in the existing traditional and deep-learning-based behavior-recognition methods, an intelligent recognition method using a multi-task YOLOv4 (MT-YOLOv4) network combined with behavioral priors is proposed. The original YOLOv4 is taken as the baseline network to be improved in the proposed method. Firstly, a K-means++ algorithm is used to re-cluster and optimize the anchor boxes, which are a set of predefined bounding boxes to capture the scale and aspect ratio of specific objects. Then, the network is divided into two branches with the same blocks but independent tasks after the shared feature extraction layer of CSPDarknet-53, i.e., the behavior-detection branch and the object-detection branch, which predict the behaviors and their related objects respectively from the input image or video frame. Finally, according to the preliminary predicted results of the two branches, comprehensive reasoning rules are established to obtain the final behavior-recognition result. A dataset on smoking and calling detection is constructed for training and testing, and the experimental results indicate that the proposed method has a 6.2% improvement in recall and a 2.4% improvement in F1 score at the cost of a slight loss in precision compared to the baseline method; the proposed method achieved the best performance among the compared methods. It can be deployed to related security surveillance systems for unsafe-behavior monitoring and early-warning management in practical scenarios.