Sentences with phrase «exclusionary effect»
The phrase "exclusionary effect" refers to the outcome or result of excluding or keeping someone or something out, which can lead to certain consequences or impact. Full definition
She tries to explore exclusionary effects of representation in relation to bodies and places.
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Third, the referring court asked whether a rebate scheme must generate probable and / or appreciable exclusionary effects in order for it to fall within the scope of Article 102 TFEU.
Be this as it may, a rebate scheme must at least generate likely exclusionary effects.
«While the network in Silicon Valley is obviously something that is great, it can also have an exclusionary effect that prevents investors from looking at and finding opportunities that exist outside of their networks and outside of their geographies.»
«While the network in Silicon Valley is obviously something that is great, it can also have an exclusionary effect,» he said.
For instance, some men and women have decided that speaking of God in solely male terms should be discontinued because of its exclusionary effect.
And in contrast to the 19th - century populist politics of enfranchisement, today's populism has exclusionary effects.
the use of a de minimis threshold -LSB-...] seems to be unnecessary for two further reasons: first, -LSB-...] the exclusionary effects -LSB-...] are to be determined on the basis of a specific examination of all the relevant circumstances of the individual case and their presence must be more likely than their absence.
Therefore, contrary to the findings in Michelin II (especially, para 241) and British Airways (especially, para 288), when assessing this kind of rebates, the likelihood of any exclusionary effect can not merely be assumed, but must be assessed on the basis, inter alia, of the factors outlined at paras 35, 39, 40 and 46 of the judgment in Post Danmark II.
As to the issue of the probability and appreciability of the exclusionary effects, the Court held that, although it is a prerequisite that the likelihood of an anticompetitive effect is shown, there is no need to demonstrate the serious or appreciable nature of these effects for a practice to fall within the scope of Article 102 TFEU (paras 66 - 67 and 73 - 74).
In connection with the technical implications of the decision, I'd like to point out that Judge Voss said at last month's trial that this patent does not have the exclusionary effect of a standard - essential one because there are other ways of organizing files.
But if he had had to explain why these groups were not getting intervention status, the exclusionary effect of his decision may have been more evident to him, and he would in any event have had to explain why his judgment call was as it was.