Access Rules Research Articles

Access to Documents in Antitrust Litigation – EU and Croatian Perspective

The paper analyses access to documents in cartel-based damages cases from the EU and Croatian perspective. It considers all relevant EU and Croatian legislation and case-law primarily focusing on the expected impact of the newly enacted Damages Directive. It is argued that the new rules on access to documents provided by the Directive will not necessarily have a significant impact on damages proceedings following cartel decisions issued by the Commission. This is due to the introduction of an absolute ban on the disclosure of leniency statements and settlement submissions via a ‘maximum harmonization’ rule. This conclusion is drawn from statistic figures showing that EU cartel enforcement rests solely on the leniency and settlement procedures. With that in mind, it is concluded that the Directive’s general, permissive rules on access to documents (other than leniency and settlement procedures) will not be applicable in most damages cases following the cartel infringement decision issued by the Commission. However, it is also observed that the Damages Directive’s new rules on access to documents may have the opposite impact on private enforcement in cases following infringement decisions issued by National Competition Authorities (NCAs) which do not rely as much on leniency in their fight against cartels as the Commission. The Directive’s general rule on access to documents will apply in jurisdictions such as Croatia, where all of its cartel decisions so far have been reached within the regular procedure. It is argued that the general access rule, coupled with other rules strengthening the position of claimants in antitrust damages proceedings, might actually be beneficial for both public and private enforcement in such jurisdictions

A Novel Project of Access Control of Multi-Level Security Firewall

This article aims at the defects in access control strategy of multi-level security firewall, and presents its security classification, scope and access rules for improved methods for the sake of enhancing the security of the firewall.

Planned and ongoing projects (pop) database: development and results.

The aim of this study was to present the development, structure and results of a database on planned and ongoing health technology assessment (HTA) projects (POP Database) in Europe. The POP Database (POP DB) was set up in an iterative process from a basic Excel sheet to a multifunctional electronic online database. The functionalities, such as the search terminology, the procedures to fill and update the database, the access rules to enter the database, as well as the maintenance roles, were defined in a multistep participatory feedback loop with EUnetHTA Partners. The POP Database has become an online database that hosts not only the titles and MeSH categorizations, but also some basic information on status and contact details about the listed projects of EUnetHTA Partners. Currently, it stores more than 1,200 planned, ongoing or recently published projects of forty-three EUnetHTA Partners from twenty-four countries. Because the POP Database aims to facilitate collaboration, it also provides a matching system to assist in identifying similar projects. Overall, more than 10 percent of the projects in the database are identical both in terms of pathology (indication or disease) and technology (drug, medical device, intervention). In addition, approximately 30 percent of the projects are similar, meaning that they have at least some overlap in content. Although the POP DB is successful concerning regular updates of most national HTA agencies within EUnetHTA, little is known about its actual effects on collaborations in Europe. Moreover, many non-nationally nominated HTA producing agencies neither have access to the POP DB nor can share their projects.

Does Proxy Access Benefit Shareholders?

CFA Institute recently commissioned a report on a proxy access rule developed by the US Securities and Exchange Commission (SEC) that was vacated by a court decision. The study indicates that proxy access can be beneficial to shareholders and markets, but the matter needs a comprehensive assessment by the SEC. Proxy access allows major shareholders to make their own nominations for board members instead of accepting only those candidates proposed by a governance or nominating committee. The practice is commonplace in markets around the world for shareholders who hold a minimum number of shares. The US is a notable exception, in the sense that shareholders do not have the ability to nominate directors to the corporate ballot unless a company’s bylaws allow it. The SEC tried to make the practice mandatory under Rule 14a-11, but the proposed rule was struck down by the DC Circuit Court in July 2011. Supporters of proxy access say shareholders should be able to nominate their own representatives in order to ensure board accountability and that a board member’s job is, in part, to represent shareholders. Opponents of proxy access usually point to the chance that activist shareholders might pursue special interests if they gain access to the board with a representative. Matt Orsagh, CFA, director of capital markets policy at CFA Institute, worked closely with the research institute that produced the report. “We want to raise the idea of proxy access again,” he said. “Our study shows that proxy access can be beneficial to shareholders and the markets at very little cost to the market. We invite the SEC to do its own study on the matter.” More companies appear to be deciding to implement proxy access under “private ordering,” which allows investors to put forth a resolution to change a company’s bylaws to allow proxy access. For example, Hewlett-Packard’s board proposed proxy access, and the proposal passed with 68% support in 2013. The threshold was set at 3% of shares outstanding, held for three years, with a nomination threshold of up to 20% of board seats. The same year, Verizon Wireless also passed a proposal having the same thresholds with 53.3% support. The proposal was made by C.W. Jones, the head of the Association of BellTel Retirees, and it passed despite the board’s recommendation against the proposal.

Основні напрями адаптації державного регулювання допуску до ринку автотранспортних послуг в Україні до стандартів Європейського Союзу

У статті досліджуються процеси гармонізації національного транспортного законодавства з правовими нормами Європейського Союзу, виконання зобов’язань України перед європейською спільнотою, що зумовлюють нагальну необхідність реформування нормативно-правової бази української автотранспортної галузі.Розглянуто особливості правового регулювання окремих елементів транспортної галузі, зокрема щодо спільних правил допуску до ринку автотранспортних послуг. У цьому зв’язку особлива увага приділена аналізу положень Закону України «Про Загальнодержавну програму адаптації законодавства України до законодавства Європейського Союзу», Угоди про асоціацію між Україною та Європейським Союзом, а також відповідних регламентів Європейського Союзу.Розкрито порядок встановлення вимог до підприємств, залучених до діяльності оператора автомобільних перевезень. Значне місце відведено висвітленню питанню лібералізації автомобільних транспортних перевезень.

Konsolidace v rámci systému společného konsolidovaného základu daně

In 2007, when the pilot project of Home State Taxation System should started, but none of the EU Member States applied for, the European Commission has turned its attention to different project in the area of corporate income taxation. The paper presents the problems of consolidation under the system of Common Consolidated Corporate Tax Base, which is at present the aim of the European Commission in the area of corporate tax harmonization. Firstly, the paper presents the results of comparative analysis, which have been done throughout the EU Member States. The research was aimed at the area of group taxation schemes availability. Secondly, the paper presents the draft of CCCTB directive in the field of creation of the group for taxation purposes, the rules for access and exit from the group and the rules for calculation of thresholds for voting rights. The different possibilities of group creation are presented on the schemes. The paper also discuss the rules, suggested by the draft directive, which could create legal uncertainty for the companies and could cause the situation in which the companies would not know whether they can consolidate their accounting results or not, or whether they are the member of the group or not. The paper suggests the possible solutions in that area. At the end, there are also mentioned and discussed the methods, which could be used for consolidation under CCCTB system in the EU.

The Intel Judgment, File Access, and Confidentiality in EU Competition Cases: Has the Time Come for Reform?

In Intel v Commission, the General Court recently held that the Commission is not required to conduct formal witness interviews during an antitrust investigation but must place a note on the file alerting the defendant to the fact that an interview has taken place. During the procedure leading to the decision in the case at issue, the Commission had not initially disclosed the existence of the interview and had rectified that omission by later making available to Intel a redacted copy of its internal note of the interview. On the basis of that experience, one suggestion could be to replace the existing file access rules with a system under which outside and inside counsel would get full access to all file documents, subject to strict non-disclosure and non-collateral use requirements analogous to those in the US system of protective orders.

내장형 GPU 환경에서 CPU-GPU 간의 공유 캐시에서의 캐시 분할 방식의 필요성

Recently, Distributed computing processing begins using both CPU(Central processing unit) and GPU(Graphic processing unit) to improve the performance to overcome darksilicon problem which cannot use all of the transistors because of the electric power limitation. There is an integrated graphics processor that CPU and GPU share memory and Last level cache(LLC). But, There is no LLC access rules between CPU and GPU, so if GPU and CPU processes run together at the same time, performance of both processes gets worse because of the contention on the LLC. This Paper gives evidence to prove the need of the Cache Partitioning and is mentioned about the cache partitioning design using page coloring to allocate the L3 Cache space only for the GPU process to guarantee GPU process performance.

Study on Tropical Agricultural Mobile E-Commerce System in Hainan

This paper mainly studied the key techniques of tropical agricultural products mobile e-commerce based on the field production record information acquisition, agricultural product supply and sales information published online, internet trading, logistics tracking, production traceability, LBS and so on in Hainan. Then discussing the method of establishing and perfecting Internet marketing credit system including production and trade tractability system, quality and safety credit standard during planting, market access rules, authentication mechanism of supplier, published rules of market information for Hainan agricultural products. Lastly, building a new e-commerce platform from the agricultural production plant to sales with mobile phones and other terminals, which could achieve recording farming informations, agricultural product quality traceability, LBS users search and produce marketing sale docking movable and rapid operation.

Recent regulatory developments provide some clarifications regarding the market access rule for broker-dealers

Purpose – To provide an overview of recent developments relating to the Securities and Exchange Commission (SEC)’s Market Access Rule, Rule 15c3-5 promulgated under the Securities Exchange Act of 1934. Design/methodology/approach – Provides a brief overview of the Rule’s requirements; highlights key points of guidance from the Frequently Asked Questions released by the Staff of the SEC’s Division of Trading and Markets in April 2014; and discusses the SEC’s first enforcement actions for alleged violations of the Rule, which include a settlement with Knight Capital Americas, LLC and administrative and cease-and-desist proceedings instituted against Wedbush Securities, Inc. Findings – The SEC has prioritized its focus on Rule 15c3-5, which has resulted in the issuance of FAQs and enforcement actions against broker-dealers for violations of the Rule. While the FAQs and the Knight Capital settlement provide some insight into the Enforcement Staff’s view of what the Rule requires, there are still areas where the substantive requirements are not entirely clear. Originality/value – Practical guidance from experienced securities lawyers that consolidates several recent developments in one piece.

Break the rules, save the records: human rights archives and the search for justice in East Timor

How do distinctive historical experiences and political regimes shape human rights archives? How do those archives and those experiences in turn influence the way painful pasts are remembered or forgotten? And what can historical accounts tell us about the wisdom of prevailing norms and practices regarding the management and control of human rights records? This paper explores these questions through a close analysis of the history and politics of the principal archive documenting human rights abuse in East Timor. It underscores the work of archival studies scholars who argue that human rights archives are always in some degree shaped by the historical and political context in which they emerge and that conflicts over matters of content, mandate, and rules of access are virtually inevitable. Noting that such conflicts typically pit political authorities against victims and their advocates, it argues that successful human rights archival programs hinge critically on sensitive historical and political analysis and that, under certain conditions, human rights archivists should play a more active role in facilitating the pursuit of justice for victims of human rights abuse. It also makes the case for a move away from large, state-controlled archives toward multiple, smaller archives with varied mandates. Finally, it proposes the adoption of a new hierarchy of interest in the management of archives; away from the long-accepted principles of national sovereignty and inalienability, and in the direction of access to the survivors of human rights violations and their advocates.

Gender Equality Challenges to the REDD+ Initiative in Nepal

Abstract Despite widespread gender issues in natural resource management and rural livelihoods strategies, there has been little study of how new development strategies, such as Reduced Emissions from Deforestation and Forest Degradation (REDD+), consider gender issues. Gender consideration in REDD+ is especially important in mountainous countries like Nepal, where the majority of the rural population, especially women and socioeconomically disadvantaged households, depend on forests for many of their subsistence needs. Any changes in forest access or use rights or rules as a result of REDD+ would impact marginalized people whose inclusion, voice, and access to and control over forest resources are influenced by deeply gendered power relations and socio-institutional practices in Nepali society. This article analyzes ways the REDD+ initiatives in Nepal have considered gender issues identified in earlier studies. The main finding is that the REDD+ policy process is inadequate to account for underlying powe...

Trying to Promote Network Entry: From the Chain Broadcasting Rules to the Channel Occupancy Rule and Beyond

This article traces the efforts by the U.S. Federal Communications Commission to promote the entry of new networks, starting from its regulation of radio networks under the Chain Broadcasting Rules, through its regulation of broadcast television networks under its Financial Interest and Syndication Rules and its Prime Time Access Rule, and finally to its regulation of cable television networks under its Channel Occupancy and Leased Access Rules and its National Ownership Cap. The article’s principal conclusion is that these efforts by the FCC were largely ineffectual and that only the removal of regulatory barriers to new network entry could, and indeed did, achieve the Commission’s goal.

Behavior and Capability Based Access Control Model for Personalized TeleHealthCare Assistance

With the growing proportion of dependant people (ageing, disabled users), Tele-assistance and Tele-monitoring platforms will play a significant role to deliver an efficient and less-costly remote care in their assistive living environments. Sensor based technology would greatly contribute to get valuable information which should help to provide personalized access to the services available within their living spaces. However, current access control models remain unsuitable due to the lack of completeness, flexibility and adaptability to the user profile. In this paper, we propose a new access control model based on the user capabilities and behavior. This model is evaluated using the data sensed from our tele-monitoring platform in order to assist automatically the dependent people according to the occurred situation. The design of our model is a dynamic ontology and evolving security policy according to the access rules that are used in the inference engine to provide the right service according to the user's needs. Our security policy reacts according to the detected distress situation derived from the data combination of both the wearable devices and the pervasive sensors. The security policy is managed through the classification and reasoning process. Our classification process aims to extract the behavior patterns which are obtained by mining the data set issued from our Tele-monitoring platform according to the discriminating attributes: fall, posture, movement, time, user presence, pulse and emergency call. Our reasoning process aims to explore the recognized context and the extracted behavior patterns which set up the rule engine to infer the right decision security policy.

A Temporal Reasoning based Social Calendar Framework

Electronic calendar has been intensively used in people’s life and work. In recent years it is popularized in the context of social networks, which forced the emergence of social calendar. For social calendar people is not just satisfied with creating, storing and exchanging their schedule data, they wants to use the calendar as a social network app, send invitations on some scheduled events, flexibly define the access rules on their scheduling, and even create event agenda in team manner. This paper describes a framework to answer those requirements. Using the standard interoperaterable calendar data format - iCalendar as calendar representation, the framework compiles the event information into an internal network structure, and incorporates a MapReduce consistency algorithm - that makes the framework suitable for large scale data processing in social network context.

Livelihoods, access to water and water consumption in a rural system for multiple uses

In developing countries, rural water supply systems, generally planned for a single purpose, are used for domestic and productive activities. Research has found linkages between access to water and livelihoods, thus, promoting the implementation of Multiple Uses of Water Systems (MUS). However, there is concern on how users with more productive assets may exploit the highest levels of service promoted by MUS affecting users with fewer chances to use water productively. This article analyses through a case study and using multivariate techniques (Principal Component Analysis and Cluster Analysis): key variables to characterize the users of a de facto MUS; identifies groups of users according to those variables, and discusses implications of the findings in the design and management of systems. Results show correlations for the variables Homestead Area, Storage Capacity and Number of Cows, with Household Water Consumption. Two groups of customers with statistically significant differences for key variables are identified. The results suggest that rural water systems should not be designed with household size as the only criterion. It also highlights the need of managerial rules for equitable access to wáter in systems, recognizing diversity of users, livelihoods and thus, water demands.

Development of a Hybrid Manufacturing Cloud

Cloud manufacturing is emerging as a novel business paradigm for the manufacturing industry, in which dynamically scalable and virtualised resources are provided as consumable services over the Internet. A handful of cloud manufacturing systems are proposed for different business scenarios, most of which fall into one of three deployment modes, i.e. private cloud, community cloud, and public cloud. One of the challenges in the existing solutions is that few of them are capable of adapting to changes in the business environment. In fact, different companies may have different cloud requirements in different business situations; even a company at different business stages may need different cloud modes. Nevertheless, there is limited support on migrating to different cloud modes in existing solutions. This paper proposes a Hybrid Manufacturing Cloud that allows companies to deploy different cloud modes for their periodic business goals. Three typical cloud modes, i.e. private cloud, community cloud and public cloud are supported in the system. Furthermore, it enables companies to set self-defined access rules for each resource so that unauthorised companies will not have access to the resource. This self-managed mechanism gives companies full control of their businesses and boosts their trust with enhanced privacy protection. A unified ontology is developed to enhance semantic interoperability throughout the whole process of service provision in the clouds. A Cloud Management Engine is developed to manage all the user-defined clouds, in which Semantic Web technologies are used as the main toolkit. The feasibility of this approach is verified through a group of companies, each of which has complex access requirements for their resources. In addition, a use case is carried out between customers and service providers. This way, optimal service is delivered through the proposed system.

Consolidating Google APIs for Improved Project Management

<p>The primary purpose of the study was to consolidate Google APIs to improve project management. The applications used for the development were Google Docs, Google Calendar, and Google Talk. The GDocs4Ruby was used to interact with the Google documents API and to store everything in the Google server. The researchers used classes that were included in the GDocs4Ruby library and the GCal4Ruby was used to interact with the Google Calendar API. GData4Ruby was applied to interact with any Google APIs based on the GDATA protocol. Through GData4Ruby, the researchers had the ability to authenticate with Google and had an access rule class for managing user through Google Access Control List (ACL) feeds. Constructive research method was applied. Interviews and survey were utilized to facilitate the data gathering and evaluation of the study. It was found that six out of seven or 85.71% of the testers were able to achieve the functionalities mentioned during the User Acceptance Testing (UAT) conducted to experts in project management.</p>

Annals of Forest Science changes its scope and complies with green open access rules

The landscape for science editing in general, and particularly in the field of sciences, is changing at an accelerating pace. The Internet provides a huge number of new opportu-nities for disseminating scientific knowledge under diverse forms like databases, videos, short papers, additional material. There are many concerns in the scientific community about open access to research results. The European Commission for instance now requires that results produced with the financial support of European programs in the framework of Horizon 2020 should be published under an open-access scheme, unless there is a specific reason not to make them openly available (in the case of a hot innovation for instance). Another concern arises from the observation that while the journals devoted to sciences (i.e., with forest or in their title) published a majority of the papers devoted to forests up to the 1990s, this is no longer the case. A recent bibliometric survey covering the years 2002–2012 revealed that less than 10 % of the papers dealing with some aspect of forests and forestry were actually published in journals devoted to the science area (unpub.). This shows the vitality of research activities on forests and the fact that forests are a wonderful field of investigation for ecolo-gists, economists, biologists, engineers, computation scien-tists, biometricians, etc. worth publishing in the best disciplin-ary journals. It also poses the difficult question of what are the actual added value and the specificity of journals devoted to forests and forestry as compared to more specialized journals in ecology, genetics, wood sciences, etc. For these reasons, Annals of Forest Science decided to change several aspects of its editorial policy. Annals of Forest Science now fully complies with the requirements of green open access. All papers published in Annals of Forest Science are now made freely available under

Data Resource Profile: The Swedish Panel Study of Living Conditions of the Oldest Old (SWEOLD)

As the number and proportion of very old people in the population increase, there is a need for improved knowledge about their health and living conditions. The SWEOLD interview surveys are based on random samples of the population aged 77+years. The low non-response rates, the inclusion of institutionalized persons and the use of proxy informants for people unable to be interviewed directly ensure a representative portrayal of this age group in Sweden. SWEOLD began in 1992 and has been repeated in 2002, 2004 and 2011. The survey is based on another national survey, the Swedish Level of Living Survey (LNU), started in 1968 with 10-year follow-up waves. This longitudinal design provides additional data collected when SWEOLD participants were in middle age and early old age. The SWEOLD interviews cover a wide range of areas including health and health behaviour, work history, family, leisure activities and use of health and social care services. Socio-economic factors include education, previous occupation and available cash margin. Health indicators include symptoms, diseases, mobility and activities of daily living (ADL). In addition to self-reported data, the interview includes objective tests of lung function, physical function, grip strength and cognition. The data have been linked to register data, for example for income and mortality follow-ups. Data are available to the scientific community on request. More information about the study, data access rules and how to apply for data are available at the website (www.sweold.se).