The recent SABMiller / ABI case (which followed on the Walmart / Massmart case) shows that
the public interest test for mergers remains an important consideration especially as the South African Commission has now published guidelines on its approach to public interest in its merger investigations.
Changes to competition laws (milk wars discussion and recommendations relating to MMP (introduce effects test), predatory pricing (recommend Minister direct ACCC to investigate Coles for breach of s 46 relating to predatory pricing), unconscionable conduct (suggest it be defined), statutory duty of good faith, unfair contract terms (seeks «recognition of the competitive disadvantage faced by farmers» and extension of unfair contract terms protection to small business), collective bargaining (seeks relaxation of
public interest test for boycott approvals in agriculture markets, increase «ability for peak bodies to commence and progress collective bargaining and boycott applications» on behalf of members - and further dairy specific recommendations, ACCC divestiture power (wants ACCC to have similar divestiture powers to Comp Commission in UK - «simpler process of divestiture», ACCC monitoring powers (wants Minister to direct ACCC to use price monitoring powers to «monitor prices, costs and profits relating to the supply of drinking milk») and mandatory code of conduct (wants mandatory code and «Ombudsman with teeth to ensure compliance»)-RRB-.
Not exact matches
This book explores the political economy of transition cost mitigation strategies in a wide variety of policy contexts including
public pensions, U.S. home mortgage
interest deductions, immigration, trade liberalization, agricultural supply management, and climate change, providing
tested examples and realistic strategies
for genuine policy reform.
The tribunal has also asked
for more information from a range of government departments and milk processors to
test Murray Goulburn's argument that its proposed merger with WCB would be in the
public interest.
The New York
Public Interest Research Group has opened an online database giving residents a shortcut to accessing federal and state
test results
for contaminants in drinking water.
Oldham East and Saddleworth is a three way marginal, between Labour, the Liberal Democrats and the Conservatives, which makes
for an even more
interesting test of where the parties stand with the
public.
«We should be looking at ways to encourage and invite investors to back British enterprise and infrastructure projects, not reverting to government - run
public interest tests which make it more difficult
for them to do so.»
Pataki said Cahill meets two basic
tests for any
public official: He has integrity, and he is not
interested in obtaining office
for power's sake.
Engel declined to say how many pre-orders the company has received in China
for the i3 since the model was unveiled at the Beijing auto show last month, but said more than 28,000 people have requested a
test drive in a sign of
public interest.
For example, dissatisfaction with performance in a charter middle school that is not captured by
test scores (such as discipline issues or a poor fit between the student's
interests or ability and the curriculum being offered) could lead parents to choose to send their child to a traditional
public high school.
If the skeptics are right, Wood writes, Common Core «will damage the quality of K — 12 education
for many students; strip parents and local communities of meaningful influence over school curricula; centralize a great deal of power in the hands of federal bureaucrats and private
interests; push
for the aggregation and use of large amounts of personal data on students without the consent of parents; usher in an era of even more abundant and more intrusive standardized
testing; and absorb enormous sums of
public funding that could be spent to better effect on other aspects of education.»
«Our collective goal should be to develop effective
public policy that will stand the
test of time, not pass flawed legislation
for the
interest of what would be a short - term political win,» he wrote.
Comment from Morna McDermott: How can we escape the trap that high stakes
testing both serves corporate
interest like Pearson at the expense of children's real learning while acknowledging that
tests are being used to shut down
public community schools
for corporate model charter schools that have proven to be no better than the schools they replaced?
As we demonstrated in our 2015 analysis of the Common Core debate on Twitter, the dispute about the standards was largely a proxy war over other politically - charged issues, including opposition to a federal role in education, which many believe should be the domain of state and local education policy; a fear that the Common Core could become a gateway
for access to data on children that might be used
for exploitive purposes rather than to inform educational improvement; a source
for the proliferation of
testing which has come to oppressively dominate education; a way
for business
interests to exploit
public education
for private gain; or a belief that an emphasis on standards reform distracts from the deeper underlying causes of low educational performance, which include poverty and social inequity.
Despite the reluctance of school administrators to speak up and push back against this ludicrous accountability exercise that has been promoted by politicians and corporate education reformers who have many self -
interested reasons
for maintaining this misguided
testing endeavor, it is well - known that the «standardized»
testing mandate only serves to continue the false narrative of failing American
public education in order to drive the profit - making agenda of those who seek to privatize education and undermine the
public trust.
The take - away then is not to hide
test scores from the
public, but
for parents and taxpayers to become as
interested and knowledgeable about education as they are about baseball and demand more from the educational establishment.
As more and more sources claim that «teaching candidates had not been adequately prepared
for» state - mandated
tests, the growing sense of dissatisfaction with traditional teacher certification programs grows, thus resulting in a diminished
interest in teaching from the general
public (Harris).
The Federal Motor Carrier Safety Administration (FMCSA) will hold a
public listening session on Jan. 13, 2014, in Nashville, Tenn., to solicit ideas and information from
interested parties on possible knowledge
testing requirements
for New Entrant passenger and property carriers, freight forwarders, and brokers.
DH: Yes, if anyone is
interested to see the
test that dogs must pass in British Columbia before being certified
for public access: Here is a link to the BC Assessment
test.
For those
interested in
testing out the Miramar map prior to its
public release next week, players can now download the map's
test client through the official Microsoft store.
In regards the
public interest test that we have to address, once again, I would think that whilst there is a good argument
for protecting the ability of academics to communicate freely and openly, the underlying data that may comprise part of that communication might well fall into another category.
In so doing, the welfare of the child concerned seems to have been connoted entirely with justice («the
interests of that little girl... in having an allegation properly investigated and
tested» (para [1]-RRB--RRB- rather than in the abstract: the
public interest in ensuring that those with information about abuse of children come forward (per D v National Society
for the Prevention of Cruelty to Children [1978] AC 171).
However, he believes there is a lack of clarity in the language in key parts of the legislation, such as the requirement
for a «consideration» of the various factors in the
public interest test.
Among the most significant changes from the existing framework are a new «
public interest»
test, greater government involvement in the early planning phase of proposed projects and a potentially significant role
for regulators in certain types of review panel assessments.
This «
public interest»
test was considered
for the first time by the Employment Appeal Tribunal (EAT) in the case of Chestertons v Nurmohamed.
Chestertons then appealed the decision and the EAT considered the «
public interest»
test for the first time.
Master Dash concluded that the
test is the same as
for setting aside dismissals of defended actions: The court must take the contextual approach set out in Scaini v. Prochnicki7, weigh all relevant factors including the four Reid8 factors, and balance the
interests of the parties to determine the order that is just in the circumstances of the case, considering also the
public's
interest in the timely disposition of disputes.
approach the joint submission on an «as - is» basis, i.e. the
public interest test applies whether the judge is considering varying the proposed sentence or adding something the parties have not mentioned,
for example, a probation order
Here, I think, Sales is on strong ground, his point being that the proportionality
test — which is obviously suited to situations in which,
for instance, rights and competing
public interests fall to be weighed against one another — may not be universally applicable:
The duty of care was not defeated under the second branch of the Anns
test, which deals with
public policy considerations that would weigh against a duty of care, because it was in the
public interest that professional accountants who undertake to create wills do so with care not only
for the best
interests of their clients but also
for the intended beneficiaries under those wills.
Noting that «there is no reason why the fact that the applicant has a private
interest in the outcome should be fatal, provided that the
public interest test is satisfied», Jackson LJ's initial report identifies the apparent contradiction between the «no private
interest»
test and the requirement in claims involving human rights arguments
for the claimant to have been «personally or directly affected» by the violation.
The determination of
public interest standing relates directly to the effectiveness of process, and is therefore particularly appropriate
for judicial discretion, which therefore should not render the
test for public interest standing a strict technical requirement.
For the second part of the 2 - part
test under s. 137.1 (4)(b), Justice Dunphy conducted a
public interest weighing of allowing the proceeding to continue versus the merits of the communication, a very new area of law with little guidance.
and one of the lawyers who acted
for the
public interest group in the prostitution challenge case, says it clearly met all the
tests for standing before a court.
They'll also provide
for targeted services
for aboriginal clients and expand LAO's
public -
interest criteria
for test cases that address systemic issues affecting the poor.
Many countries around the world have developed more modern and progressive «
public interest standing»
tests that allow their citizens to stand up
for the
public interest by bringing cases to stop unlawful activities.
In a unanimous decision, the Supreme Court decided in favour Kiselbach and SWUAV and laid out a more flexible version of the legal
test for courts deciding whether to grant
public interest standing in future.
Indeed, while Spotify continues to
test out the waters
for what kinds of ventures may do best on its music distribution platform — there is also the matter of Spotify
for Business, another B2B - style effort
for offering Spotify streaming in
public venues, where Spotify also doesn't get a cut of anything — it will be
interesting to see whether it eventually decides to take some of this kind of activity, and the money to be made from it, into its own hands down the line.
Quite the bitter disappointment
for those expecting true «progress», but if you're
interested in the two aforementioned improvements,
public beta
tests are now officially underway.
'' [Potential child advocates] could perform a
public function by lobbying
for the replacement of the best
interest of the child
test with a more determinative substantive rule... as the substituted rule, I suggest the primary caretaker rule, which rewards past care and concern
for children and minimizes the role and power of the helping professionals in custody decision making.