Merger Control Essay Example | Topics and Well Written Essays - 4000 words

Merger Control - Essay Example In order to ensure free competition in the Single Market, agreements which not only have a significant effect on the trade between the Member States but also prevent, restrict or distort competition in the Single Market are prohibited by Article 81. Prohibition of behaviour which discourages competition is described in Article 81 (1) of the EC Treaty. In respect of investigations relating to mergers, to determine whether Article 81 EC will be applcable and to justify exceptions to the rule that there exists a distinction between merger control and the general competition law, a casual link must be established between the merger and the restriction of competition. In the absence of such a link, "the relevant coordination of the participants must be assessed in a separate proceeding under Article 81 (1) EC rather than as part of the merger control investigation under the E.C.M.R." An assessment under Article 81 of the EC, leads to the stoppage of the merger from going through and this constitutes an early attack on the parties. Investigation under Article 81 EC results in leaving the concentration untouched and this necessitates the intervention of the European Commission to correct this behaviour. ... The European Commission, while analyzing a merger under Article 81 (1) of the EC, considers in particular whether "two or more participating companies retain to a significant extent activities in the same market as the joint venture, or in a market which is downstream or upstream from that of the joint venture, or in a neighbouring market closely related to the relevant market." The final issue to be decided is whether the coordination, resulting from the creation of the joint venture, enables the participants to eliminate competition in respect of a major portion of the products or services being dealt with. The interstate clause defines the boundary in-between the areas respectively covered by the law of the Member States and the Community law. Agreements which do not affect trade between member states are not covered by Article 81 EC. These agreements are the exclusive domain of the national authorities. This basic test of whether or not interstate trade was affected or not was dealt with by the E.C.J. in Socit Technique Minire v. Maschinenbau Ulm1, the E.C.J. held that "it must be possible to foresee with a sufficient degree of probability on the basis of a set of objective factors of law or of fact that the agreement in question may have an influence, direct or indirect, actual or potential, on the pattern of trade between Member States." In respect of B2Bs, the test developed in Socit Technique Minire v. Maschinenbau Ulm, is apparently cleared without much difficulty, because of the type of the platforms, which function by utilizing the Internet. It is required by Article 81 (1) EC for every agreement to have as its objective or effect the prevention, restriction or distortion of fair competition. "The E.C.J. has held that these

Heritage Tourism in Cities Essay Example | Topics and Well Written Essays - 2000 words

Heritage Tourism in Cities - Essay Example However, every heritage contains real, underlying or symbolic importance that plays a critical role in terming its perception in society. This paper examines dark tourism, focusing on marketing and interpretation of House of Terror Museum in Hungary, a traumatic site as touring sites in the contemporary society. Smith and Robinson (2006, p105) defined heritage tourism as â€Å"leisure expeditions with the major objective of touring historic, natural, recreational and scenic sceneries to learn more about the past†. Dark tourism is one component of heritage tourism and it involves â€Å"visiting places associated with death, suffering and tragedy† (Cooper, et al 2008, p49). Heritage tourism is founded on the motivations and perceptions of the consumers or tourists rather than the particular characteristics that define the destination. According to Smith and Robinson (2006), the major motivation for touring heritage sites is the uniqueness of the tourism destination in rel ation to the tourists’ awareness or perception of their own heritage. Heritage tourism to a site with dark history evokes various emotions such as nostalgia, idealism, and a feeling of belonging in the time and space (Foley and Lennon1996). Stone (2006) argues that heritage tourism is both unique and universal, because it presents a heritage for all people at a given time. Although each site has its unique characteristic, dark tourism sites present a universal message to all persons, from the message of pain to suffering and anger among other feelings that characterize human beings. Heritage sites include various inherited localities such as historic buildings, artwork and scenic areas among others. A tourist travels to the heritage site with an objective of seeing the historical artefacts. These artefacts usually form an important connection between the cultural background of tourist and his or her history or past. However, the particular historical site or artefact elicits different emotions and reactions from various people. Holloway (2004) argues that it could elicit emotional encounter and make the individual feel closely connected with ancestors and the historical event, which makes the experience more than just a learning experience. Manino (1997) argues that dark tourism is a mysterious combination of heritage, history and tragedy. It evokes discussions of the past, present and future morals and ethics surrounding death of mankind. Some of the most popular sites for dark tourism include conflict sites and death camps which figuratively or literary embrace the memory of human suffering and violence that took place in a particular historical period (Manino 1997). Disastrous events such as the collapse of the world trade centre continue to elicit attention and curiosity from different people across the world. Similarly, scenes of accidents and large-scale loss of human lives usually become spontaneous attractions, where people gather to pay their r espects or just to witness and experience the terrifying aftermath. The uncharacteristic connection between leisure and pleasure in dark tourism has been a matter of moral and ethical discussion in the hospitality industry especially when it comes to marketing and promotion of the sites. Some heritage tourism critics contend that tourism is an immoral and inappropriate practice for presenting disturbing events of human history, such as death and tragedies and other forms of suffering. According to MacCannell (1989: p73),