品牌內垂直非價格限制，一般係指地域限制與顧客限制，通認為製造商建立有效率、具忠誠度經銷通路的良好競爭手段。製造商藉由此類限制，抑制下游經銷商對單一品排牌產品彼此相互競爭，使得經銷商間品牌內競爭減弱，而隨著降低競爭，經銷商則有能力提高產品價格，增加銷售利潤。相對於製造商而言，增加經銷商能增加經銷商促銷其產品的意願，總體來說，製造商也能增加利潤。尤其，對品牌弱勢、或新進市場的製造商，維持下游經銷商銷售利潤是刺激經銷商促銷、幫助品牌建立的有效方式。此外，品牌內垂直非價格限制亦可解決搭便車問題，製造商因此能確保下游經銷商之銷售不會受到搭便車者的折扣行為而受到影響。 品牌內垂直非價格限制雖有上述功能，惟畢竟其為以合意方式限制品牌內競爭，故對強調「維護自由競爭機能」的反托拉斯法來說，仍有所疑慮。雖說，是否管制此類限制，學說上仍有爭論。事實上，目前多數國家皆將品牌內垂直限制列入管制。但也因為其對競爭是否有影響並未有絕對定論下，如何管制、具體準則如何，似乎仍沒有形成一套明確的準則。尤其在我國，因公平交易法施行未久，實務案例累積數量有限，離標準的建立似仍有一段距離。本文認為，無論從立法歷史、實務管制經驗、經濟理論發達程度與相關探討文獻數量等觀點，美國法確為我國法往後執法的良好參考，適度參酌該國法經驗應有助我國法執法基準之建立。有鑑於此，本文以深入介紹美國法管制品牌內垂直限制為方法，內容中不乏對美國重要司法判決與學說理論之論述，希冀藉此作為我國往後立法、執法的借鏡。 品牌內垂直限制因僅影響品牌內競爭，故美國在Sylvania(1977)案，最高法院已確定將垂直非價格限制以「合理原則」審查。在合理原則下，訴訟原告必須負擔極為沈重的舉證責任，始能獲得勝訴。故往後原告多將品牌內垂直非價格限制定位為「當然違法」之行為類型，如水平限制、垂直約價(垂直價格限制)、聯合杯葛等，以求勝訴。垂直非價格限制與水平限制、垂直價格限制、聯合杯葛如何區分，為即具探討實益的問題。 品牌內垂直限制依芝加哥學派的見解，不論其限制內容為價格或非價格，一律為有助競爭、有效率的競爭方式。芝加哥學派的見解，對近幾十年美國反托拉斯法院，有相當重要的影響。故對芝加哥學派的思想，實有必要加以介紹，始能窺知美國法之全貌。除經濟理論外，從美國法院判決不難看出，非經濟因素對垂直非價格限制合法性的影響實不容忽視。雖說美國法院近來於反托拉斯案件中，多以經濟分析方式決定系爭限制之合法性，但事實上，倫理、社會、道德等價值，最高法院仍無法完全擺脫。而經濟、非經濟因素如何影響、甚至決定品牌內垂直非價格限制合法性，亦為本文的討論重點。 按我國管制品牌內垂直非價格限制之法規，為公平交易法第十九條第六款。該條款性質屬「限制競爭法」領域，但體例上卻列於不正競爭法，似有失當。又，構成該條款之不法限制須有「有限制競爭之虞」之共通要件、且具「不正當限制」之個別要件。此二要件如何具體適用、相互間有何影響，則有檢討之必要。依公平會見解，此二要件判斷標準相若，並無法區分。在如此見解下，導致公平會於執法時僅對「不正當限制」為檢驗，忽略對「有限制競爭之虞」作進一步分析。而是否「不正當限制」又常以無法標準化之非經濟因素，如不公平地位、限制相對人經營自由，為審查重心，卻忽略了限制競爭法管制的基礎—競爭機能受損害。故本文除評論此不合理的現象外，並參酌美國法的執法經驗，提出本文對我國法往後立法與執法的建言。 / Intrabrand vertical nonprice restraints, including territorial and customer restraints, are regarded as those of the best ways that can help a manufacturer to make the distribution of his products efficient. These restraints can lessen or eliminate the intrabrand competition of single manufacturer’s products. Therefore, the downstream dealers could make more profits by raising price. As far as a manufacturer is concerned, these restraints can stimulate dealers’ will of promoting his products by providing showrooms, more service, personnel and so on. After all, the more quantity of a manufacturer’s products dealers sell, the more profits a manufacturer earns. Especially when a manufacturer has weak brand or is new in the market, a manufacturer imposing intrabrand vertical nonprice restrains can build its brand rapidly and easily. Besides, they can solve the problem of free-riding between dealers. Although intrabrand vertical nonprice restraints have functions of improving distributive efficiency of manufacturer’s products, they are made by agreement between manufacturer and dealer to eliminate competition, and may break antitrust laws that preserve the mechanism of competition. In fact, most of the countries in the world have laws to regulate them. Unfortunately, there is no firm and convincible theory can explain whether intrabrand vertical nonprice restraints harm competition or not. Because of this situation, it’s hard for the antitrust bureau to form a standard of enforcing the antitrust law related to them. Especially in Taiwan, Fair Trade Act (FTA) was made in 1991, so the number of cases accumulated by antitrust bureau, Fair Trade Commission (FTC), is not enough to build a concrete guideline to solve the complexity of intrabrand vertical nonprice restraints. It may be helpful for us to see the foreign regulation toward intrabrand vertical nonprice restraints. Take U.S. antitrust law for instance, there are a long history of regulating experience, abundance of economic theories and essays related to antitrust law. Regarding this point, U.S. law perhaps is a good model to Taiwan. Because intrabrand vertical restraints only effect competition of single brand, U.S. Supreme Court in Sylvania (1977) evaluates them by rule of reason. Under rule of reason, the plaintiff must show what damage of competition the restraint at issue has did. Because of being in heavy burden of evidence, the plaintiff is actually hard to win in any case. Later, many plaintiffs who want to get rid of the burden of evidence claim the restraint at issue as a per se illegal type such as parallel collusion, resale price maintenance (RPM), group boycott, but most of them fail. According to Chicago School, intrabrand restraints (price or nonprice) in all circumstances is procompetitive and efficient. The economic theory of Chicago School has had great influence on antitrust decision of Supreme Court in past decades, so it is essential to introduce Chicago School for studying the U.S. antitrust law. Addition to economic theory, non-economic concerns such as protection of small retailers and consumers also have some effect on Supreme Court. But unlike economic theory, non-economic concerns are usually involved with moral and social values, and not only hard to evaluate with economic concepts but with each other. Therefore, Chicago School’s advocates like Bork and Posner claim in antitrust case a judge should ignore about non-economic concerns. It’s, however, still a dispute between scholars. In Taiwan, regulating vertical nonprice restraints is Article 19(6) of FTA. Theoretically this Article belongs to antitrust law’s territory, but legislators put it mistakenly in ChapterⅢ “unfair competition.” Besides, there are two elements to meet Article 19(6), general and particular element. In other words, an illegal vertical restraint must meet “which is likely to lessen competition or to impede fair competition” called general element and “limiting its trading counterparts' business activity improperly by means of the requirements of business engagement” called particular element. According to the opinion of TFC, general and particular element can’t be distinguished from each other and should be judged by the same standard. Because general element is about the concepts of the market and competition and hard to investigate, in terms of the cost of enforcing laws, FTC will naturally judge Article 19(6) of FTA by focusing the particular element. But what’s “improper” in the particular element is not so clear and usually is involved with non-economic concerns such as the freedom of dealers’, the consumer’s rights of option. In fact, from seeing cases made by FTC, we can conclude that FTC usually put non-economic concerns in a key role in cases and ignore economic concerns. It’s a serious problem we need to discuss. After all, economic concern in the U.S. antitrust law is one of the most important reasons to punish the behavior of agreement. At the end of this thesis, we not only get a conclusion but present some advice of FTA and FTC by comparing with U.S. laws.

No description available.

Child road trauma poses a preventable public health burden to the community. This PhD research aimed to: 1) quantify the magnitude of child passenger injuries in New South Wales (NSW), Australia; 2) evaluate the effectiveness of different restraint use to prevent fatalities among child passengers; and 3) estimate the benefit in the general child population from different intervention targets relating to restraint use. It comprised two studies to validate methodology and four independent epidemiological studies. The first study to validate methodology assessed the data item availability and categorization across different road traffic injury surveillance data collections in NSW in relation to World Health Organization recommended data item lists and necessary data item lists for road traffic injury research. Exclusion of, or insufficient categorization of, crucial data items such as restraint use and injurious outcome existed for each data collection. The other study to validate methodology assessed the performance (in terms of incidence estimates, sensitivity, and specificity) of several methods for removing multiple counting when conducting analyses on hospital separation data for child passenger injuries under either primary-diagnosis or all-diagnoses based injury definition, using linkage methods as a comparison. The "readmission"-based criterion consistently best approximated the linkage-method-derived incidence rate. Two epidemiological studies used NSW hospital separation datasets and quantified the magnitude of child road trauma in NSW in terms of hospitalisation rates. One study examined the trend in hospitalised injury incidence rates during the period of July 1998 to June 2005 using a non-parametric estimation method, and reported a non-significant decline of hospitalised injuries to child passengers over time. The second study used Poisson regression to demonstrate that rural NSW children were two times more likely to suffer hospitalised injuries compared with their urban counterparts. The third epidemiological study used the Fatality Analysis Reporting Systems (FARS) from the United States (US) and estimated the association between different restraint uses and child passenger fatality using a matched cohort method. Improperly using restraints significantly elevated the risk of death for child passengers involved in a crash compared to any other restraint use. The advantage of child restraints over seat belts in terms of fatality reduction was not statistically significant, although previous studies have shown an advantage for serious injury reduction. The last study was performed to quantify the relative public health benefit in terms of reduction in child passenger deaths and injuries for different interventions relating to restraint use in the general population using a case-based population attributable risk fraction method. Results support the ongoing child restraint legislation change in Australia to require compulsory child restraint uses for children up to their 7th birthday, and an increasing proper use of age-appropriate restraints would provide the greatest reduction in fatalities and injuries among child passengers assuming equal population uptake for all interventions. In conclusion, this thesis demonstrates that child road trauma remains a public health burden to the Australian community; and highlights the importance of properly using age-appropriate restraints in preventing injuries to child passengers.

Mobility of the horse to initiate motion from the standing position is examined in this thesis. In particular, the thesis focuses on the study of the mobility of a horse with fixed hooves to the ground, and on how its musculoskeletal system is used to free the legs from restraints. Possible leg patterns to initiate motions are investigated. The breaking forces generated at front and hind hooves during static-pulling and dynamic jerking are evaluated. Design of the restraint system that uses ropes to immobilize certain joints in order to prevent the horse from generating these forces is the main objective of this thesis. Such a system could be applied as an alternative to rather massive mechanical devices, the main purpose of which is to block the breaking forces (which are quite large when fully developed).<p> Analysis of the mobility of the horse is based on the mechanics of a skeletal linkage system driven by muscle forces. Only major muscles involved in fighting the restraints are included in the analysis. The force generation capability of a muscle is determined by physiological cross sectional area (PCSA) of the muscle. Possible leg patterns are predicted with the kinematics analysis considering range of motion at each joint in the legs. Corresponding breaking forces generated in each pattern is evaluated with the kinetics analysis. Relationship between the characteristic parameter of the pattern and the breaking force at hoof are established. <p>The horse's computer model is used to justify the analytical result. Fighting mechanisms of the horse are simulated in the dynamic simulation software package. Patterns and the breaking forces developed by the horse model simulation agree well with the analytical results. To the authors best knowledge, this is the first time a computer model is used in analyzing the method of restraining an animal. <p>The mobility of the animal with hoof restraints and methods to remove mobility were further confirmed with a preliminary animal restraint test conducted on a sheep. The sheep was chosen because the leg patterns to initiate motion on a horse are similar to that of sheep, but the sheep is more convenient to handle. The experiment showed that the mobility of the sheep could be removed completely by restraining its hooves, lower legs, and head with easily attached ropes.

Mobility of the horse to initiate motion from the standing position is examined in this thesis. In particular, the thesis focuses on the study of the mobility of a horse with fixed hooves to the ground, and on how its musculoskeletal system is used to free the legs from restraints. Possible leg patterns to initiate motions are investigated. The breaking forces generated at front and hind hooves during static-pulling and dynamic jerking are evaluated. Design of the restraint system that uses ropes to immobilize certain joints in order to prevent the horse from generating these forces is the main objective of this thesis. Such a system could be applied as an alternative to rather massive mechanical devices, the main purpose of which is to block the breaking forces (which are quite large when fully developed).<p> Analysis of the mobility of the horse is based on the mechanics of a skeletal linkage system driven by muscle forces. Only major muscles involved in fighting the restraints are included in the analysis. The force generation capability of a muscle is determined by physiological cross sectional area (PCSA) of the muscle. Possible leg patterns are predicted with the kinematics analysis considering range of motion at each joint in the legs. Corresponding breaking forces generated in each pattern is evaluated with the kinetics analysis. Relationship between the characteristic parameter of the pattern and the breaking force at hoof are established. <p>The horse's computer model is used to justify the analytical result. Fighting mechanisms of the horse are simulated in the dynamic simulation software package. Patterns and the breaking forces developed by the horse model simulation agree well with the analytical results. To the authors best knowledge, this is the first time a computer model is used in analyzing the method of restraining an animal. <p>The mobility of the animal with hoof restraints and methods to remove mobility were further confirmed with a preliminary animal restraint test conducted on a sheep. The sheep was chosen because the leg patterns to initiate motion on a horse are similar to that of sheep, but the sheep is more convenient to handle. The experiment showed that the mobility of the sheep could be removed completely by restraining its hooves, lower legs, and head with easily attached ropes.

Child road trauma poses a preventable public health burden to the community. This PhD research aimed to: 1) quantify the magnitude of child passenger injuries in New South Wales (NSW), Australia; 2) evaluate the effectiveness of different restraint use to prevent fatalities among child passengers; and 3) estimate the benefit in the general child population from different intervention targets relating to restraint use. It comprised two studies to validate methodology and four independent epidemiological studies. The first study to validate methodology assessed the data item availability and categorization across different road traffic injury surveillance data collections in NSW in relation to World Health Organization recommended data item lists and necessary data item lists for road traffic injury research. Exclusion of, or insufficient categorization of, crucial data items such as restraint use and injurious outcome existed for each data collection. The other study to validate methodology assessed the performance (in terms of incidence estimates, sensitivity, and specificity) of several methods for removing multiple counting when conducting analyses on hospital separation data for child passenger injuries under either primary-diagnosis or all-diagnoses based injury definition, using linkage methods as a comparison. The "readmission"-based criterion consistently best approximated the linkage-method-derived incidence rate. Two epidemiological studies used NSW hospital separation datasets and quantified the magnitude of child road trauma in NSW in terms of hospitalisation rates. One study examined the trend in hospitalised injury incidence rates during the period of July 1998 to June 2005 using a non-parametric estimation method, and reported a non-significant decline of hospitalised injuries to child passengers over time. The second study used Poisson regression to demonstrate that rural NSW children were two times more likely to suffer hospitalised injuries compared with their urban counterparts. The third epidemiological study used the Fatality Analysis Reporting Systems (FARS) from the United States (US) and estimated the association between different restraint uses and child passenger fatality using a matched cohort method. Improperly using restraints significantly elevated the risk of death for child passengers involved in a crash compared to any other restraint use. The advantage of child restraints over seat belts in terms of fatality reduction was not statistically significant, although previous studies have shown an advantage for serious injury reduction. The last study was performed to quantify the relative public health benefit in terms of reduction in child passenger deaths and injuries for different interventions relating to restraint use in the general population using a case-based population attributable risk fraction method. Results support the ongoing child restraint legislation change in Australia to require compulsory child restraint uses for children up to their 7th birthday, and an increasing proper use of age-appropriate restraints would provide the greatest reduction in fatalities and injuries among child passengers assuming equal population uptake for all interventions. In conclusion, this thesis demonstrates that child road trauma remains a public health burden to the Australian community; and highlights the importance of properly using age-appropriate restraints in preventing injuries to child passengers.

Syftet med studien var att undersöka vårdpersonalens tillämpning av tvångsmetoder i omvårdnaden av demenssjuka personer på gruppboende. Detta gjordes genom att författarna studerade vilka tvångsmetoder, av vilka anledningar, utifrån vilka åsikter samt vilka alternativa vägar som istället kan tillämpas. För att uppnå syftet genomfördes en kvalitativ litteraturstudie med hjälp av nio vetenskapliga artiklar. Resultatet visade att vårdpersonal i huvudsak använder tvångsmetoder för den demenssjukes eget bästa. Det framkom även att kunskap och kompetens hos vårdpersonalen är betydelsefullt för i vilken utsträckning som tvångsmetoder används. Studien visade även på vikten av att vårdpersonal överväger alternativa åtgärder till tvångsmetoderna i omvårdnaden av demenssjuka personer. Studiens resultat diskuterades utifrån Carnevalis omvårdnadsmodell. / The aim of this study was to examine how the nursing staff put restraints into practice during treatment of individuals suffering from dementia and living in nursing homes. A qualitative literature review was performed using nine different scientific articles. The authors studied questions which touched up on what restraints the nursing staff are using, in which situations they are used, the attitudes towards the restraints and which alternative measures can be used instead. The results showed that nursing staff principally uses restraints for the person’s own well-being. It was moreover observed that the knowledge and competence of the nursing staff is determining in what extent restraints are used in the dementia care. The study also illuminates the importance of alternative measures to restraints, which should be considered by the nursing staff in the dementia care.

THE DOCTRINE OF THE PROHIBITION ON PARALLEL IMPORTS RESTRICTIONS WITHIN COMPETITION LAW OF THE EUROPEAN UNION The aim of this thesis is to analyse the current approach of EU competition law to parallel imports restrictions in light of nearly a half-century of EU Courts' case-law's evolution and in comparison with the approach adopted by US antitrust law. The traditional attitude of the EU Courts and of the Commission towards competition restraints of this type is described in literature in clear terms. However, this is not the case when it comes to the recent and current ambiguous developments within EU competition law. Therefore, this thesis aims to verify these two hypotheses. The first hypothesis says that evolution of the EU institutions approach to parallel imports restrictions has a circular nature: it starts from the traditional, intransigent position adopted in the early decades of European integration and it continues through a more lenient, economic approach in the period of the so called modernization of EU competition law to return to a rather traditional attitude typical of the current times. According to the second hypothesis, the current EU institutions' attitude towards parallel imports restrictions has nevertheless been shifted, during the modernization period, to a more...

Advertising, brand penetration and retailer service have been playing important roles in marketing for a long time. There are many studies which discuss about the effects of advertising on brand penetration, the effects of advertising on perceived quality, and the effects of brand penetration on perceived quality. However, the relationship among the advertising, brand penetration and perceived quality has rarely been studied. Furthermore, the studies about the effects of retailer service on perceived quality are much fewer. Thus, the main purpose of this study is to examine the effect of brand penetration and retailer service on perceived quality. The experiment with 2¡Ñ2¡Ñ2 factorial design is conducted to collect the empirical data. In the factorial design, we have 217 respondents in the 8 cells. The experiment variables have the effects of advertising, brand penetration and retailer service on perceived quality. The respondents are the more than the junior students of Sun Yat-sen University and National Taiwan University, and the product of this study is ¡§Notebook¡¨. This study applied structural equation model (SEM) to verify. The main results of this study are as follow: (1) Advertising positively influences perceived quality and that brand penetration partially mediates this influence. (2) Advertising positively influences perceived quality and that retailer service partially mediates this influence. The findings of this study can help the chief marketing officer to make strategic decision to increase the effect of advertising on perceived quality effectively.

The last four decades of the nineteenth century witnessed a significant growth of leisure hours for a growing number of South Australians, particularly working class males; it was accompanied by an upsurge in both organised and informal recreation activity. The upsurge owed much to major advances in communication during the period – in transport by rail, steamship and late in the century, the bicycle, to the network of telegraph stations which by the mid 1870s, spanned much of the colony, the country and finally linked the colony to much of the wider world, and to the growth of local and daily newspapers and specialist journals. Industry, government and commerce drove these advances, but recreation benefited from all of them and came to be a major element of commercial activity itself, as some activities generated not only participants, but spectators and audiences. These developments in turn stimulated a demand for facilities, both indoor and outdoor, which came to be met by private groups, public authorities and commercial operators, or combinations of the three. However, not all sections of the South Australian community looked favourably on aspects of these developments. Some social, religious and political forces, both separately and later as an alliance, combined to target elements of the recreation activities which emerged within the new leisure, particularly those of the working classes. They feared a return to public disorder arising from unseemly and licentious behaviour which accompanied many of the activities of the occasional pre-industrial seasonal leisure periods. These forces drew on contemporary programs in America and Britain in their campaign to quell ‘social evils’ including intemperance, gambling and what they regarded as inappropriate behaviour on Sundays, the Lord’s Day. They advocated the uses of statutes to constrain, if not eliminate what many in the community regarded as acceptable recreational activity. Others from the reforming forces determined on ‘rationalising’ the recreation of the working classes by introducing programs which they regarded as educational and self-improving, based essentially on their own middle class experience. A further restraint were contemporary conventions which determined matters of dress, conduct and behavioural expectations affecting areas of recreational activities; they were particularly severe on women. Other conventions affected full participation by men in a small number of sporting activities. The thesis examines the origin, nature and conduct of these forces in South Australia each of which sought to discipline aspects of mainly working class recreation of the period. It concludes with an assessment of the outcomes as they appeared at the time of Federation. / Thesis (Ph.D.) - University of Adelaide, School of History and Politics, 2010