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5722. European and American Approaches to Antitrust Remedies and the Institutional Design of Regulation in Telecommunications
- Author:
- J. Gregory Sidak and Damien Geradin
- Publication Date:
- 01-2004
- Content Type:
- Working Paper
- Institution:
- American Enterprise Institute for Public Policy Research
- Abstract:
- In the United States and the European Union, the topic of remedies in network industries cuts across antitrust law and sector-specific regulation, including telecommunications. The legal and economic understandings of a “remedy” are not always synonymous. In both legal systems, a remedy is the corrective measure that a court or an administrative agency orders following a finding that one or several companies had either engaged in an illegal abuse of market power (monopolization in the US and abuse of dominance in the EC) or are about to create market power (in the case of mergers). With the exception of merger control where remedies seek to prevent a situation from occurring, legal remedies are retrospective in their orientation. They seek to right some past wrong. They may do so through the payment of money (whether that is characterized as the payment of damages, fines, or something else). Or they may seek to do so through a mandated change in market structure (“structural” remedies), as in the case of divestiture, or in the imposition of affirmative or negative duties (“behavioral” remedies). United States v. Microsoft Corp (U.S. Court of Appeals for the D.C. Circuit, 2001). presented the tradeoff between these various remedial alternatives.
- Topic:
- Government and International Trade and Finance
- Political Geography:
- United States and Europe
5723. Direct-to-Consumer Advertising of Prescription Medicines in the United States and New Zealand: An Analysis of Regulatory Approaches and Consumer Responses
- Author:
- John E. Calfee, Philip Gendall, and Janet Hoek
- Publication Date:
- 05-2004
- Content Type:
- Working Paper
- Institution:
- American Enterprise Institute for Public Policy Research
- Abstract:
- New Zealand and the United States are the only two advanced nations to permit direct-to-consumer advertising (DTCA) of prescription medicines, but they use very different regulatory regimes. This paper examines the evolution of DTCA in both countries, compares the New Zealand self-regulatory model with regulation by the US Food and Drug Administration, and examines consumer survey results from both nations. Surveys reveal striking consistencies in overall attitudes towards DTCA, albeit with strong differences on a few topics directly affected by differences in regulations, such as the balance of risk and benefit information. Consumers think DTCA helps them learn about new drugs and talk to their doctors about possible treatments, with little apparent negative impact on patient-doctor communications. Regulation in New Zealand is more efficient than American regulation, although more effective disclosure of risk information could address concerns raised by New Zealand consumer groups.
- Topic:
- Government and Human Welfare
- Political Geography:
- United States, Southeast Asia, and New Zealand
5724. Prospects Brighten for Long-term Peace in South Asia
- Author:
- Rafiq Dossani
- Publication Date:
- 11-2004
- Content Type:
- Working Paper
- Institution:
- Walter H. Shorenstein Asia-Pacific Research Center
- Abstract:
- Ever since 1998, the year of India and Pakistan's nuclear tests, many commentators have argued that, in the absence of U.S. intervention, the two nations are headed for armed conflict that will likely end in nuclear war. The logic underlying this view is twofold. First, that religious radicalism—defined as the participation in political and/or military activities by groups in the name of religion—has become sufficiently powerful in Pakistan to make ongoing support for the Kashmir insurgency inevitable. Second is that India's concurrent growth of nationalism and religious radicalism, as well as a rise in economic power, will make the state less willing to tolerate Pakistan's support for insurgency in Kashmir. Against this seemingly inevitable clash, Pakistani President Musharraf is viewed as a lonely holdout against the forces of religious radicalism in Pakistan. U.S. support is therefore argued to be critical for sustaining Musharraf, whether through political support for Pakistan's policies in Kashmir, or economic support. This paper reaches a different conclusion: that peace is about to “break out” between India and Pakistan. Our conclusion is based on the following analysis. First, Islamic radicalism in Pakistan relies (and has always relied) on the army to survive, as it lacks sufficient popularity to influence state policy through political parties or popular agitation. Second, the army has previously supported Islamic radicalism tactically, but not ideologically, providing such support only when it has perceived the state to be in crisis. Contrary to a common view, the elections of 2002 were no different in this respect. Third, Hindu radicalism in India, though gaining in both popular and political support, is insufficiently popular to support irrational aggression against Pakistan. At the same time, India's improved economic prospects have influenced its rulers to favor accommodation with Pakistan. Third, the outcomes of recent elections in India and Pakistan have shifted the Pakistani army's strategic priorities toward negotiating a civilian-military balance, and away from destabilizing civilian politics through “crisis-mode” tactics that have included support for Islamic radicalism.
- Topic:
- Nationalism, Nuclear Weapons, and Religion
- Political Geography:
- Pakistan, United States, South Asia, India, Asia, and Kashmir
5725. Tackling the Critical Conundrum: How Do Business, Government and Media Balance Economic Growth and a Healthy Environment?
- Author:
- John A. Riggs
- Publication Date:
- 05-2004
- Content Type:
- Working Paper
- Institution:
- Aspen Institute
- Abstract:
- One of the enduring debates about environmental issues is the extent to which progress can be achieved without economic harm, either to a business or to society as a whole. The risk of such harm has frequently been used, often effectively, as a reason to oppose or delay actions to reduce pollution or to otherwise advance environmental protection goals. The apparent political persuasiveness of the argument has led to a counterargument: that there are usually win-win solutions and that environmental and economic goals need not be in conflict.
- Topic:
- Economics, Environment, and Government
- Political Geography:
- United States
5726. Crossing the Atlantic, A Report from the Aspen Atlantic Group 2003 Workshops
- Author:
- Madeleine Albright and Kurt M. Campbell
- Publication Date:
- 04-2004
- Content Type:
- Working Paper
- Institution:
- Aspen Institute
- Abstract:
- In two workshops, June 6-8 and July 31-August 2, 2003, the Aspen Atlantic Group and its guests examined avenues for renewed transatlantic cooperation in light of contemporary and cumulative challenges to the relationship. Having conducted a frank and in-depth diagnosis of core differences and commonalities in the first workshop, the second workshop extended its scope to include sessions on specific areas of collaboration such as homeland security and humanitarian intervention.
- Topic:
- International Relations and NATO
- Political Geography:
- United States and Europe
5727. The Role of Health in the Fight against International Poverty
- Author:
- Lael Brainard
- Publication Date:
- 04-2004
- Content Type:
- Working Paper
- Institution:
- Aspen Institute
- Abstract:
- The end of the Cold War and disillusionment with aid's many failures led to widespread aid fatigue among donors during the 1990s. Total official development assistance (ODA) as a share of donor GDP fell by one third over the decade (from 0.32 to 0.22 percent). This was particularly pronounced in the United States, where a slash-and-burn approach reduced foreign economic assistance to just over one half of 1 percent of budget outlays, compared with over 3 percent at the time of the Cuban Missile Crisis. And U.S. per capita spending fell to last place among donor nations, ending the decade at $29, far below the average of $70.
- Topic:
- Development, Human Welfare, International Organization, and Poverty
- Political Geography:
- United States and Cuba
5728. A Matter of Degree: The Role of Journalists as Activists in Journalism Business and Policy
- Author:
- Neil Shister
- Publication Date:
- 04-2004
- Content Type:
- Working Paper
- Institution:
- Aspen Institute
- Abstract:
- The prevailing view of journalism today draws on strands from a diverse portfolio of political, legal, and commercial theories. Some of the propositions underlying the way we regard the practice of the craft date back to the 18th-century “age of reason;” others are as current as yesterday's Wall Street media deal. “Journalism” is a historical hybrid— more an evolving social construct than a fixed point of reference. As such, it conveys contradictory associations: on one hand a band of swashbuckling iconoclasts daring to “speak truth to power;” on the other hand considerably more temperate, disinterested professionals gathering content to distribute through the “information division” of giant corporations. Each image is exaggerated; neither is wholly wrong
- Topic:
- Economics, Government, and Politics
- Political Geography:
- United States and Europe
5729. People / Networks / Power: Communications Technologies and the New International Politics
- Author:
- David Bollier
- Publication Date:
- 03-2004
- Content Type:
- Working Paper
- Institution:
- Aspen Institute
- Abstract:
- Kurdish people living in Turkey can now receive satellite television broadcasts emanating from London. Iranians can view Farsi-language television programs that originate in Los Angeles. Even though they are dispersed throughout the world, emigrants from mainland China remain a vital diasporic community, thanks to websites and e-mail discussion lists. Insurgent movements from the Zapatistas to the East Timorese to Indonesian students have used the Internet to organize themselves and communicate a political vision to the world.
- Topic:
- International Relations, Politics, and Science and Technology
- Political Geography:
- United States, Turkey, London, Kurdistan, and Los Angeles
5730. An American Grand Strategy for the Middle East: A Report of the Aspen Strategy Group
- Author:
- Kurt M. Campbell
- Publication Date:
- 03-2004
- Content Type:
- Working Paper
- Institution:
- Aspen Institute
- Abstract:
- Former Secretary of Defense Robert S. McNamara was fond of saying that the Middle East was the graveyard of American diplomatic hopes and dreams, and this is a man who knows something about disappointment in global politics (as well as cemeteries). Now, the United States has embarked upon an ambitious mission to remake the Middle East – rebuilding war-ravaged and leader-abused countries in Afghanistan and Iraq, seeking to settle the conflict between Israelis and Palestinians, blocking further nuclear proliferation, pushing the region to embrace political moderation and reform, and hopefully improving America's image in the region in the process. There are unintentional though unavoidable echoes of the “best and the brightest” in this campaign as the U.S. embarks upon a global crusade (call it what it is) to help re-direct the course of one of the world's dominant civilizations and the institutions that have served it so poorly. This uniquely American sense of mission and manifest destiny is apparent in a range of endeavors worldwide but it is in the Middle East where U.S. ambitions approach the point of audacity.
- Topic:
- International Relations, Security, and Democratization
- Political Geography:
- United States, America, and Middle East