The Blog Of The Adoption

Thursday, December 21, 2006

Change Battery Lifesaver 1235

And with his PC, it will take Mr Windows or Linux?

You never heard this phrase in the mouth of the sellers of the radius of your computer distributor. You should have.

Hardly the decision of the Court of Appeal upheld the sentence of 532 million euros against operators Combine the
mobile
she only been given
UFC-Que Choisir
launches new campaign

, this time against Hewlett Packard, Bagnolet Auchan and Darty Les Halles.

For years surfers made their voices heard against the systematic provision of system operator
Microsoft Windows

with computer hardware, a practice particularly widespread and that it was possible to escape almost that amount even its own "tower" (so that professionals can more easily get a PC "naked", ie without OS). So is accentuated by the explosion and here). After years of advocacy, DGCCRF starts advantage pay attention to the problem
. If

plans to punish tying as abuse of dominance, the Competition Law was not applicable to this type of practice.
Indeed the two most important texts in Competition Law is the prohibition of abuse of dominance, and the prohibition of cartels ( respectively Articles 81 and 82 of the Treaty establishing the union European transposed in the Commercial Code in Book IV thereof , and reflected in the Consumer Code).

If Microsoft has already been condemned by the European Commission for tying Windows Media Player to its system operator, the conditions of application of Article 82 of the Treaty are not fulfilled as regards the provision of Windows computers sold mounted. Regarding the previous case, Microsoft used its dominant position archi operator market systems to attack a downstream market: that of media players. By providing free Media Player, Microsoft wanted to reiterate its strategy "Internet Explorer" stifle the competition by discouraging consumers from taking the time to compare and choose a browser. For if the question is free software, including advertising arrangements can finance their production, and sometimes make them profitable, time to build a reputation and accumulate assets to attack other software markets. In this case, neither the manufacturers nor the distributors can not be regarded as dominant in the PC market mounted. So it's not on the text of the abuse of dominant position that the action against the "Windows Tax" will be paid. To overcome this flaw, French law provides in its Consumer Code prohibition of tying the consumer (Article L122-1
).

It should thus be possible for consumers to buy power so the Windows license for a price A or PC "naked" for a price B, or both together for a price of A + B. Ironically, Dell offers professionals an offer without Windows XP, 75 months euros expensive team of the OS, even though it is a contract between professionals (although the Consumer Law applies to them sometimes, but that's another debate). For consumers, the license for the OS usually reaches 10 to 20% of the total purchase price.
Most of the time, Windows is concerned, but according 01.net Carrefour also practice tying, but this time with Linux as the OS. The road is still long before the consumer is assured an undistorted choice of its OS.
We live in a pivotal time: while awareness of the damage caused by the market distortions of competition is emerging in Europe
, Anglo-Saxon envelop the European institutions in the sophistry of economists who equate chicagoïens undue tying the "Bundling"
(the bundling is to sell such shoes with their laces).

Tuesday, December 19, 2006

Alex Delarge South Park

The Court of Appeal of Paris confirmed the condemnation of the "Cartel of moving" a little Competition Law for Dummies

(
version with links to Agoravox, Credit picture: Imagine)
This article provides a quick summary of the case said the cartel of mobile (Bouyges secret agreement, SFR and Orange), and prolongs the problem Component "repair" of the case.
From 1997 to 2003, the three major mobile operators have organized a secret deal aimed to maintain their high prices, and to allocate market shares amicably. The following links will present clearly the facts of the case: On On the website of the Competition Council
On the website of UFC-Que Choisir

This Tuesday, December 12, 2006, the Court Appeal of Paris confirmed the sentencing decision (the heaviest ever handed over 500 million euros, and particularly hard to Orange) of the Competition Council of 30 November 2005.

The Competition is essential in the functioning of the market: it exerts a downward pressure on prices, is a strong incentive for innovation, limit shortages and surplus energy. Without competition, the price stood at a level called "monopoly", ie at the most favorable for the company. For example, the company will rely on its production curves to set prices and production levels. Competition is actually the force that connects the supply to market forces and more competition, the lower the arbitration by the Market is wrong.

Reaching an agreement is found, under our Code of Commerce and the European treaties.

The fines are intended to punish the breach of Contract. Therefore they are relatively low, given the damage to consumers. Indeed, to a fine of more than 500 million euros, we assessed the damage caused to the 20 to 30 million consumers and 1.2 billion euros (low end). The penalty has no deterrent effect, therefore, at best it will reduce, for offenders less skilled, the profit of larceny.

Last year the question on what basis the Consumers can claim compensation for his injuries caused within my Master of heated debates. In principle if a contractual relationship exists between the parties, the responsibility is to hire contractual liability. Or in this case the obligations of the contract have been met: the network access and related services has been provided to customers. For my part, I'm focused on Article 1382 of our Civil Code, which is our non-contractual liability clause (referred to as tort). For compensatory damages (compensation for damage) on this basis, must convene a fault (a cartel), injury (an overpayment), and causation (the contract not negotiable). Reportedly, it is on the latter basis it will be possible to seek compensation for damages caused to consumers.
problem is highlighted by this case: small brooks make great rivers. Damages are individually too small to make it interesting for a consumer to sue the operator, and sometimes it's not even worth spending the time to find the invoices showing that there has been a victim of the deprivation. That say inflation procedures Justice?

For these 'reasons were provided ways of Law in which the consumer agreed associationsde hold the upper hand.

Thus, in the early 1990s, the inventor of Consumer Law, Jean-Calais Auloy, saw a part of its proposed class actions brought legally to Articles L422-1, L 422-2 and L 422-3 of the Consumer Code. It was just the mechanism that he was considering for litigation groups involving a small number of consumers, which explains its failure to adapt to large-scale litigation.

In fact, this is a simplified mechanism mandate, which relieves including obligations to inform the principal.

The fact remains that this mechanism is cumbersome, requires a fee and time investment too high for the consumer there is widespread use. Alain Bazot, president of UFC Que Choisir (largest consumer association in France), and although it had assumed all costs of the procedure for entering the plaintiffs' action in joint representation, "has managed to rally than 12 500 records 20 to 30 million victims (yes, really!).

Jacques Chirac had asked during the presentation of his vows in 2005, an effort should be done to create a real group action, a class action in France before the end of his reign as president. Ensued conventions DGCCRF and MEDEF on the subject, I encourage you to read that the MEDF which can be summarized as follows: an intervention of Baron Seilliere in the introduction and conclusion, to the detriment of the group action , and the parade of speakers supported the principle of class action, and wondering about the form it should take.

A project is currently supported by the majority. It is tasteless, useless, without consistency. Dare I say, not reality, if not to be a decoy pretending to be concerned about access catastrophic to justice. We must remember the excitement at the Bobigny court for reassessment of legal aid? And the ratio of UMP on this three tier justice?

I will try to produce Agoravox analysis of the bill, but in any event, the 100 call was not heard, and I got the confirmation at the conference of November 2006 The Consumer Law held in Montepllier. Me Casanova, president of the Bar of Montpellier, Mr. Henry Hall, director of the Center for Consumer Law, Faculty of Law, and his own master, Jean-Calais Auloy, took their arguments to storm the member UMP and the representative of MEDEF present.

What the Anglo-Saxons call "private enforcement" is probably the land on which it must be a focus for one day the Competition Law as a deterrent (see this analysis Panafieu on the subject). Especially in this era where we can reflect on the voluntarism of the State in the matter: strange vision of the economy than MT Breton, right?

Thursday, December 14, 2006

How To Cut Your Hair Without Going To Solon

After the cartel of mobile UFC leads action against the bundling of systems operators

Chevenement / Royal: a deal too good

Both agreements (electoral and political) that have been

formalized and ratified this weekend, between the MRC and the PS, raise many questions that keep the viewer to consolidate his opinion on them. Nicolas Voisin

announced in his blog on Friday evening

: Chevenement announced he was withdrawing his candidacy in favor of the Socialist candidate Segolene Royal, who had already benefited from the withdrawal of Christine Taubira radicals. "Sego" was also at his side during the meeting that the President of Honour held at Paris XI. France 3 interviewed Che Sunday evening, for editing of the night. Journalist Francois Letellier
was very relevant, and vis-à-vis was regularly forced to move off the field response to the question (with an original way to make the language of wood that is to speak on substance rather than to justify on the form).

The electoral agreement would, in the words of JP Chevenement himself on a dozen constituencies for parliamentary elections. Many mixed, but suggests that secret clauses: the end of the interview, the former minister did not rule out returning to PS in the coming years, and has not closed the door on a merger MRC-PS . By that Che signed the death probably next MRC on the altar of bipartisanship, and let him consider the analysis of experts in constitutional law after the quinquennium of 2000, unless the dose proportional announced by the former Minister does not change the deal finally.
But the skill of Chevenement has been to have reached a political agreement, which is reflected in a joint statement

(and here
). Appropriate agreement appear to have been preserved since the main thrust of the MRC program, which allows him to brag that this is a "union" and not an act of allegiance.

For example, the most salient points regarding the economics are: to reduce the independence of the European Central Bank (devaluation of the Euro), interfere Foreign takeovers, an ambitious energy policy, protection of public services, upgrading of low wages, increased taxes on capital income, and, what is perhaps the most ambitious, a change in standards of WTO to impose minimum social and environmental protectionism to stem offshoring and combat unemployment, and the establishment of a social dumping clause at European level.
These measures, while employment is the primary concern of the French, were the cornerstone of the program Chevenement JP, and repeated that his first priority was the "reorientation of the EU in promoting growth and employment". To listen to Night 3, the project differed from that of L. Jospin (including the five-year) and significantly less than that of S. Royal. Despite their common slingshot to the strong euro, it's hard to believe as president of the Region claims it is awaiting the results of its national consultation to determine. Except that his vision is already established and it is only a facade?
The agreement is almost too good and too strong to be true: it seems that one of two bluffs. At least that are both: one seeking to see join the 5.3% French-sensitive approach Chevenement (the polls speak louder than the polls), or at least to avoid as much as possible delaying the vote, the other acting in his movement (and himself) a difficult to guarantee continuity since April 21, 2002. In a convergence of interest would then be born with a declaration that, once again, will be superbly forgotten when exercising power? On

blog Chevenement, the reactions are very strong and frankly shared in any case much more than the score of 84% of delegates in favor of rallying in PS (but it must be said that the activist, supporter is not the same requirement to obtain warrants a politician who is his career).
bet that many voters who distrusted S. Royal are now being forced to question his credibility, and above all, respect it has vis-à-vis its commitments, not only electoral but also politically: it is clear that the early promises Indeed, after having demonstrated the ease with which she considers the program Socialist. Now
S. Royal will have to assume a new position: an outsider, she became responsible for a diverse mix of power, from the pro Chevènement DSK. Anything can come out, the best and the worst and after primary health walk, things are very serious for the candidate.

Tuesday, December 12, 2006

Tooth Extraction Cost

Let us the strong program of FN into a corner ...

... rather than trying to disqualify the candidate.

You can find the article and the thread devoted to it here:

http://www.agoravox.fr/article.php3?id_article=16521

article also listed on Yahoo! France