Saturday, February 22, 2020
Concentrating Solar Power - Essay Example The Supercritical CO2 Brayton cycle is being investigated on how it produces its energy. The cycle is ideal because it is easy to be transported from one location to another and it can also be effective in reducing costs because it uses very technical turbo machineries. Its ability to achieve efficiency is brought by the manner in which the supercritical CO2 behaves when it is near critical points. The high power density that the supercritical CO2 manages to achieve is the composition of the fluid that it has in the turbo machinery is of high density too, an approximate of 60% the water density at the inlet of the compressor (Ma & Turchi, 2011). Investigations for the supercritical CO2 cycle is being done Sandia and its contractor, Baarber Nicholas Inc. because of the cycle has a high efficiency in temperatures between 400 C and 750 C. the investigation is being done in phases of a development program in the DOE Office of Nuclear Energy and Sandia National Labs. The main objective of the investigation is to realize the technology impact s of the Supercritical CO2 cycle. The first phase which is also called the first loop of the investigation is a compression loop that will be done using motor to run the radial Supercritical CO2 compressor. The objective of this phase of the investigation will be: The type of technology that will be required to bear the weight, technology for sealing, bear gas-foil and how to counter the rotor wind age losses which are required for the cycle to be able to reach its effectiveness and how it reduces the costs which are its main aims. The second phase of the investigation called the second loop that has been designed is a megawatt heater-class closed Superscript CO2 Brayton cycle. This process is called the Ã¢â¬Ëre-compressionÃ¢â¬â¢. In this phase the cycle will show how it will be used in sources of
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Thursday, February 6, 2020
Holocaust-WW2 Related Events (American History) - Research Paper Example They did not have any proper policy to run such a huge rescue operation. Moreover, it was really difficult for the refugees to get into the United States as the refugee policy of the country was such that refugees were unable to get entry visas. Such a policy was made by the US because of anti-Semitism, isolationism, economic depression and xenophobia. (THE UNITED STATES AND THE HOLOCAUST, n.d.) When the Jews in Europe were getting victimized by the Nazis, American Jews were not able to stand beside their European counter part. This is because most of the American Jews were settled in the country for a very short period of time. They did not have enough power to stand up against American government as there was hardly any unity among the American Jews. No major American Jewish community was there in between 1930 to 1940, though there were many small ones. The Jewish Labor Committee was ready to talk to the Nazi government regarding the holocaust. American Jewish Committee which was mainly formed of Americanized German Jews decided to deal the issue politically and quietly. There was not any Jewish group which could raise its voice against the government. There was no channel through which the president of American Jewish Congress, Rabbi Stephen S. Wise could contact the president Roosevelt; and the American Jews were not ready to help him in this regard. These were the main reasons behind the inability of the American Jewish to pressurize the Roosevelt administration (American Jewry and the Holocaust,
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Tuesday, January 28, 2020
The First Essay Andy Quans Ã¢â¬Å"The FirstÃ¢â¬ uses a wide variety of good techniques to express the effectiveness and understanding of the poem. There are three key techniques, which stand out in this poem. These techniques set the mood and show the viewers the real story behind the poem. The first technique used to show the effectiveness of this poem is a metaphor. An example of a metaphor in this poem is Ã¢â¬Å"narrative of deathÃ¢â¬ . I think that this technique used helped with my understanding of how this person who is talking about their experience is grieving and shows the emotion of sadness and shock. This line tells the reader how much this person is confused and wonders at how it all happened. The impact of the death is described by the metaphor. Another great technique used is a rhetorical question. Ã¢â¬Å"Sleep? A bee?Ã¢â¬ is an example found in the first stanza of this poem. The effect that it has is making us wonder at how the death happened, and suggesting ways that couldÃ¢â¬â¢ve caused the accident. The use of the technique in this way shows how Andy Quan was trying to come up with a reason for this unfortunate loss, making necessary excuses of how it could happen. The third technique that shows the theme of death and grief is imagery. The example found is Ã¢â¬Å"who drag around melancholy and nostalgia, luggage too heavy to be allowed on boardÃ¢â¬ . This tells us how much sadness is filled up inside of the teller and how upsetting this lost, as being their first one, really is. This technique also helps to construct the meaning of the poem. Andy Quan indirectly expresses his emotion by using these three different techniques; metaphor, rhetorical question and imagery. The theme of death and grief is clearly shown throughout all the different examples of techniques. In my opinion, this particular poem expresses its true meaning through well thought phrases and techniques.
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Monday, January 20, 2020
Industrial Systems Engineering, Supply Chain Management and a More Efficiently Growing World Industrial Systems Engineering is based around complex systems of people, information, energy and how to develop, improve, implement and evaluate these systems. While many engineers are forced to narrow their search for jobs because of their distinct major, Industrial Systems Engineering is the perfect balance of its necessity and broadness (Fraser Abhijit 2010). Industrial Systems Engineers are the new face of healthcare reform to make hospitals run more efficiently, they are at the forefront businesses making new products hit the market with the greatest success rate, they are reducing the carbon footprint with the automobile industry, creating more efficient systems with the U.S. Postal Service so one will receive their mail sooner and with less mistakes and printed circuit board manufacturers in Taiwan distribute their products with a greener footprint. In all of these real world scenarios, supply chain management is the key to an Industrial Systems Engineers job. Supply Chain Management is the science that improves the ways companies use raw materials to make a product or service and deliver it to the customer. Every product that reaches an end consumer is the result of a cooperative effort between several organizations. This means companies need to manage their product, not just inside of the business walls, but the path that their product takes to reach the final consumer. If companies only focus on their product and do not follow its way to the market, many inefficiencies may occur in the companies supply chain (Baltzan 2014). Businesses who cooperate in a successful supply chain are linked with one another and allow an easy flow ... ...t to the market. Industrial Systems Engineering encompasses the necessary skills for a successful entrepreneur to develop a supply chain for their product and grow their business. Industrial Systems Engineering is the wide-ranging degree that allows one to become involved with an endless number of opportunities and industries around the world. Their use of supply chain management helps not just a single industry, but many other industries that are involved with the creation of a final product or service. Whether it be reducing the environmental footprint of the automotive industry, increasing the efficiency of the healthcare system, helping the United States Postal Service remain a sustainable industry, or help small businesses start up as efficiently as possible., Industrial Systems Engineers use supply chain management to make the world a more efficient place.
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Sunday, January 12, 2020
Reinforcement is a consequence following a behavior that could increase the probability of the behavior (Cooper, Heron, & Heward, 2007). Reinforcement helps the behavior to be strong enough that it can occur naturally within its oneÃ¢â¬â¢s environment or can be a part of an intervention plan that teaches new behaviors (Sulzer-Azaroff & Mayor, 1991). Reinforcement is an important concept in operant conditioning and an important part of learning process. B. F. Skinner accepted this technique to modify reinforcement and punishment as well as extinction reinforcement. It increases a negative behavior, or a positive behavior. In Operant Learning, there are two types of behaviors positive and negative. Reinforcement is something that is part of everyoneÃ¢â¬â¢s life and rewards are given to enforce positive behaviors. Positive reinforcement is something that is done to increase a response from someone. Educators are often involved in positive reinforcement. It helps the students give the desired behavior that is desired by the teacher. Teachers can impact studentÃ¢â¬â¢s life positively by dealing with their behavior and by using a reward system. Being an Educator, there must be stability to effectively manage a classroom of students. Sometimes being faced with challenges in managing a studentÃ¢â¬â¢s behavior becomes overwhelming especially students with behavior problems. Students are often very hard to teach and to get them focused on the information thatÃ¢â¬â¢s being given to them because of the disruptive behaviors, but having some type of intervention plan in place helps to deal with the behavior problems. Although, teachers like to think they can handle things on their own sometimes before going to an administrator for an discipline referral, but because of the problems behavior sometimes being so bad, the student has to get involved with the discipline principal. The behavior could cause suspension from school in-school or out-of-school for a period of time awaiting a hearing. However, positive reinforcement does work for some students in the classroom. In my classroom environment the students gets positive reinforcement by letting them go to the computer lab, watch an educational movie, library, free time, or play music while they work and giving small snacks. These are some of the things that we do for positive reinforcement in the classroom. If positive reinforcement worked for everyone it would be a good thing, but some students do not care to be rewarded for good behavior. However, every student should want to do the right thing and not depend on someone giving them something in order to do well. Negative reinforcement is also a theory of Operant Learning. According to B. F. SkinnerÃ¢â¬â¢s( 1953) theory on Ã¢â¬Å"operant conditioningÃ¢â¬ Skinner says that to be rewarded has more effect if it does not happen. If one was rewarded constantly the effect would be greater than the rewards that are usually given. If a student doesnÃ¢â¬â¢t know when they are being rewarded, they will control and behave themselves more so than anyone who knows the time the rewards are given out. Negative reinforcement is when certain incentives or items are removed after a particular behavior is exhibited. Although it is very unlikely that the behavior may not ever happen again, it is decreased. The negative behavior is increased if a student is stopping, moving or avoiding a negative outcome. It should never be thought of as a punishment. Positive reinforcement is always adding something positive to increase the behavior, but negative reinforcement is taking something that is negative to increase a behavior. Negative reinforcement is also when you do something to keep from being punished for it. An example is if Ã¢â¬Å"I nagged my son about keeping his room clean and he cleans it to avoid me nagging him to clean it. Ã¢â¬ Reinforcement is something that happens all the time in everyoneÃ¢â¬â¢s everyday life. Making a plan for a child that is in special education is very important. To set the goals and objectives, it has to be in written form. To write a plan for setting goals and objectives takes some thought. First of all one must know what an objective is. Since I have been working in the education field, I have had to learn many things. I learned while sitting in an IEP that the teacher must have goals and objectives for the student. The objective gives information of what you want to learn and to be able to show evidence of what you have learned. The objective is important and it must be well taught to help with the evaluating content of the goals. It leaves not enough room for reason. In writing an objective there are uniqueness that should be communicated and they are the accomplishment of an objective. This is a statement of what is anticipated of the learner. Circumstances are actually what the student can do or how the task can be performed. The standard of the objective tells how the student performed the assignment so that it will be acknowledged. Writing objectives should be about how much or how well of what someone will do and by when. For example; Ã¢â¬Å"Alicia will show respect for others, her peers and adults, her ideas, thoughts, opinion, personal space and property. Ã¢â¬ Alicia should do this independently 90% of the time. Since Alicia is having problems with respecting others, she has to sit away from the group until she apologizes to all of her teachers and peers. Once she does this, she can return back to the group. Alicia likes being with the group, so she finally decides to apologize to everyone. The data was collected by Informal Assessment and Data Collection. Another example would be Alicia needs to follow directions without arguing with the teacher 1 out of 4 times a day as measured by observation, weekly observation and charting the outcome. Everything we do have a consequence whether itÃ¢â¬â¢s positive or negative. However, to get a positive stimulus one must increase the behavior to something positive. To get a negative behavior, do something that is not acceptable. It is always wise to try and increase the studentÃ¢â¬â¢s behavior by positive reinforcement and definitely not by punishment. Doing something that is positive to decrease the negative behavior is always the right thing to do. Reinforcements of both behaviors are something that is done on a daily basis of everyday life. Today because people operate by their environment, (Martin & Pear, 1999) we all look for reinforcement in our lives rather itÃ¢â¬â¢s at work, with our friends, or family. All behaviors eventually become a way of growth. As for reinforcement, it will be more successful if the intensity and the magnitude of enforcers is greater ( Mittenberger, 2008). So, the bottom line is that Positive Reinforcement should be used in the classroom to help those students that are experiencing behavior problems. Special Education Teachers should take into consideration of positive reinforcement to better help their students to be successful.
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Saturday, January 4, 2020
Part 1 Ã¢â¬â Critical Thinking Questions 4,5,7,8,9,11 pg. 200, 1,2,4,6,8,9,11 pg. 233 4 Should the language of the U.S Constitution be applied in its original meaning or should it be applied in a more expansive sense? Explain I believe that the U.S constitution should be applied in a more expansive sense. A lot of our country has changed since 1789 when the constitution was first written. The way of life is different, the way we prosecute criminals is different, even the way we handle civil disputes is different. At the beginning, the constitution served as an application to that eraÃ¢â¬â¢s disputes and defiances. Today we are seeing new issues arising. Human rights, police brutality, protesting in a criminally provocative way , yes, you nameÃ¢â¬ ¦show more contentÃ¢â¬ ¦Article I of the U.S Constitution create the legislative branch, which creates the laws of the land. Article II of the Constitution creates the executive branch, which enforces the laws. The judicial branch is created in Article III of the Constitution. This branch provides interpretation of the la ws and has the power to review and decide cases involving states rights. 11 What does the supremacy clause provide? What would be the consequences if the supremacy clause did not exist? The supremacy clause states that the United States Constitution, treaties, federal laws, and federal regulations are the supreme law of the land, if this didnÃ¢â¬â¢t exist then states would have more power over the federal government. 1 Describe the difference between the state limited-jurisdiction courts and general jurisdiction courts. Limited jurisdiction courts only have jurisdiction in specific in only well-defined areas of law. General jurisdiction courts have general jurisdiction over all subject matters within their local jurisdiction. 2 What are the functions of the state intermediate courts and the highest state courts? Explain. The state intermediate courts hear appeals from the trial court (Goldman and Cheeseman 10). These courts review the record from the trial court to determine errors that can ultimately modify or reverse the decision in a case. The highest state courts (commonly known asShow MoreRelatedA New Approach to Statutory Interpretation1687 Words Ã |Ã 7 PagesAssignment 01 Introduction The enactment of both the interim and final Constitution ushered in a new approach to statutory interpretation. In this essay I argue that the statement made by the court in Daniels v Campbell 2003 (9) BLCR 969 (C) is true. The interpretative approach adopted by South African courts pre-1994 Statutory interpretation pre-1994 lacked a single theoretical starting point. There was no single methodology that was applied to interpret legislation. Consequently the process of interpretingRead More Abortion Must be Illegal Essay1721 Words Ã |Ã 7 Pages1905 to1982. 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Friday, December 27, 2019
Sample details Pages: 12 Words: 3553 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Compare and contrast essay Level High school Topics: Competition Essay Economy Essay Did you like this example? COMPARATIVE ANALYSIS OF PRIVATE ENFORCEMENT OF COMPETITION LAW INTRODUCTION One of the most important aspects of a robust competition regime is that the persons affected by violations of competition law are adequately and timely compensated. Such actions not only deter anti-competitive behaviour, but also promote consumer welfare. It is common knowledge that competition law directly affects public interest given its repercussions on the market and its participants. However, generally speaking, competition laws do not focus on compensation mechanism for private parties, and focus is more on punishing the violators to curb future violations. It is, therefore, important that adequate provisions are included in competition laws so as to safeguard the rights of private parties. This would help achieve healthy competition and deter unscrupulous business practices that are intended to cheat the consumers so as to control markets. However, with th e rise in anti-competitive agreements and exclusive arrangements entered into between parties, the need to protect the rights of the affected persons assumes greater significance in the present times. This paper attempts to analyse the provisions pertaining to the right of private parties to seek compensation for losses suffered by them owing to anti-competitive behaviour. DonÃ¢â¬â¢t waste time! Our writers will create an original "Private Enforcement of Competition" essay for you Create order This paper has been divided into seven parts. Post this introduction, the paper analyses the private enforcement of competition law in the United States of America (US), the European Union (EU), Australia, Japan, China, and India. This is followed by conclusions. UNITED STATES OF AMERICA The US is the only major economy in the world where private enforcement of competition law (i.e., filing of direct claims against competition law violators by parties that have incurred losses due to such violations) is more rampant than public enforcement (i.e., penal action taken against competition law violators by the public regulatory authorities). The role played by private enforcement is, therefore, one of the most important features of the US competition law enforcement. Treble Damage Provision In a majority of countries, public enforcement is the preferred way to enforce competition laws. However, in the US, private parties as well as authorities acting on behalf of such pr ivate parties are entitled to claim damages from the violators. In terms of the Clayton Antirust Act of 1914 (Clayton Act), recovery of damages by any person injured in his business or property by reason of anything forbidden in the antitrust lawsÃ is permitted. This establishes both a private right of action and an award of treble damages (i.e., three times the actual damages). In this regard, the following two key goals have been identified by the US Supreme Court with respect to awarding treble damages in a private action under the Clayton Act: (a) to punish past violations of the law; and (b) to deter future competition law violations. The treble damages provision has become one of the most important tools in the enforcement of competition law in US, resulting in an important deterrent to potential violators. Owing to the punitive nature of the treble damages provision, various US courts have held that this right cannot be waived off by the parties (whethe r contractually or otherwise). Also, the trebling of damages awarded in a competition case takes place automatically, and the jury is not informed of such trebling upfront. Joint and Several Liability Where more than one parties conspire to undertake anti-competitive practices, each one of them is liable for the damage resulting from its actions as well as the damage resulting from the actions of the other conspirators, thereby resulting in a joint and several liability. This liability is akin to the liability of joint tortfeasors, and ensures that the affected party gets adequate compensation. Similar to the treble damage provision, joint and several liability of competition law violators is aimed at deterring anti-competitive behaviour. Before-and-After and Yardstick Methods The objective of damages under US competition law is to ensure that parties affected by anti-competitive behaviour are put into the same position as they would have been had the ant i-competitive behaviour not taken place. This would typically be measured based on the demonstration by the affected party as to how its profits declined in an environment marred by anti-competitive practices as compared to a free and competition friendly environment. Accordingly, the US courts have historically adopted the before-and-after method and the yardstick method for determining the extent of loss caused to the affected party as a result of anti-competitive practices. Under the before-and-after method, the quantum of compensation is measured by analysing the performance of the affected party before and after the anti-competitive practice, and if possible, by analysing as to how the affected party would have performed had the anti-competitive practice not taken place. The yardstick method, on the other hand, uses the performance of businesses that are significantly similar to that of the affected party as a yardstick to establish the extent to which the affected partys business would have performed had the anti-competitive practice not taken place. EUROPEAN UNION Articles 101 and 102 of the Treaty on the Functioning of the European Union (Treaty) set out provisions prohibiting anti-competitive practices in the EU and also permit claims for damages arising out of such anti-competitive behaviour. This forms a key aspect of private enforcement of EU competition law. In terms of Articles 101 and 102 of the Treaty, persons affected by anti-competitive behaviour are entitled to claim damages for the loss incurred by them as a result of such anti-competitive practice. The damages can be sought for actual loss suffered (damnum emergens) as well as the gain which would have been made but for the anti-competitive practice (lucrum cessans) plus interest. In terms of Regulation No 1/2003, the European Commission (EC) and the National Competition Authorities (NCA) are empowered to enforce Articles 101 and 102 of the Treaty. Furth er, the European Commission is empowered to impose fines on undertakings that have infringed these provisions. The enforcement by the EC and NCAs constitutes the public enforcement of the EU competition law. Additionally, rights under Articles 101 and 102 of the Treaty can also be enforced by the courts of the member states. Such enforcement constitutes private enforcement of the EU competition law. The EC and the NCAs are not empowered to award damages to persons affected by anti-competitive behaviour, and the same falls within the powers of national courts set up under applicable domestic laws. Accordingly, whilst the EC and the NCAs ensure public enforcement of the EU competition law, the private enforcement is administered by national courts. Because of the division of powers between the EC and the NCAs on the one hand and the national courts on the other, private enforcement of competition law in the EU has not been as robust as in the US. Also, it has been emphasise d by the European Parliament over and again that public enforcement of competition law is paramount, and the EC must ensure that private enforcement of the EU competition law does not adversely impact the leniency programmes or settlement procedures. Further, the Directive on Antitrust Damages Actions adopted by the EC in 2014 (Directive) sets out provisions aimed at harmonising national rules within the EU so as to ease recovery of damages by persons affected by anti-competitive behaviour. The implementation of the Directive is expected to give a boost to private enforcement of competition law, as well as recovery of compensation. AUSTRALIA Until the enactment of the Trade Practices Act of 1974 (Trade Practices Act), there was no statutory recognition in Australia of private rights for breach of anti-competitive practices. However, under Part IV of the Trade Practices Act, private parties are allowed to initiate claims pertaining to anti-competitive practices befor e the Federal Court. Parties initiating such litigations may raise a variety of claims, including damages, injunctions, divestiture orders, etc. Further, initiation of a representative or class action suit is also permitted. Private actions are also encouraged by the Trade Practices Commission (the authority vested with powers to monitor and enforce the Trade Practices Act). Abuse of dominant position, anti-competitive agreements, exclusionary provisions, and exclusive dealing are the most commonly faced issues for the enforcement activity. Mergers, on the other hand, are seldom challenged by private parties. It is widely accepted that private enforcement has played a very crucial role in the enforcement of competition law in Australia, including promoting the Trade Practices Act and bolstering the overall compliance of competition law. JAPAN Japanese Antimonopoly Act of 1947 (JAA) regulates anti-competitive behaviour in Japan. In terms of Article 25 of the JAA, persons affected by anti-competitive behaviour are entitled to seek compensation from the violator. In addition, persons affected by anti-competitive behaviour are also entitled to seek compensation from the violator under the general tort provision, i.e., Article 709 of the Japanese Civil Code of 1896 (JCC). It is also noteworthy that a claim under Article 25 of the JAA can be brought only once the competition law regulator in Japan, i.e., the Japan Fair Trade Commission (JFTC), passes its final and binding decision in a competition law matter. Whilst the aforesaid provisions allow private enforcement of competition law in Japan, competition law enforcement in Japan has historically been the main or exclusive preserve of public agencies, not private plaintiffs, unlike the US practice, where private enforcement exceeds public enforcement. Accordingly, for decades, the aforesaid provisions of the JAA and the JCC have remained virtually unused, and there has been almos t no private enforcement of competition law in Japan. In recent years, however, private enforcement of competition law in Japan has evolved to a position where around a dozen new cases are seen per year. Through such private enforcement, substantial amount of compensation has been recovered by persons affected by anti-competitive behaviour, which at times, has equalled the total amount of penalties imposed by the JFTC. Despite the aforesaid progress, it can be safely said that private enforcement of competition law in Japan is still of limited significance in posing deterrence to violators and ensuring payment of damages to persons affected by anti-competitive behaviour. CHINA The Anti-Monopoly Law of 2007 (AML), which was enacted in 2008, together with ancillary regulations framed around it, regulates anti-competitive practices in China. The AML was enacted after years of legislative and drafting effort. Whilst government bodies such as the National Developm ent and Reform Commission monitored some aspect of competition prior to 2008, the competition law itself (i.e., the AML) is fairly nascent. Accordingly, it remains to be seen as to how the AML, and the institutions built under it, deliver in terms of enforcement of competition law. With respect to private enforcement of competition law, Article 50 of the AML read as under: Ã ¢Ã¢â ¬Ã âThe business operators that implement the monopolistic conduct and cause damages to others shall bear the civil liability accordingly to law.Ã ¢Ã¢â ¬Ã  Thus, the AML clearly recognises rights of persons affected by anti-competitive practices to seek damages from the violator. There have already been a few cases in China where companies have sued other companies for seeking damages arising out of anti-competitive practices. Further, it a customary practice in China that the Supreme Court issues the relevant judicial explanation on the guidelines or implementation of spec ific laws. Accordingly, on 3 May 2012, ChinaÃ ¢Ã¢â ¬Ã¢â ¢s Supreme Court issued the relevant rules with respect to private claims resulting from anti-competitive behaviour (Rules). The Rules have attempted to fill various gaps created by the AML in relation to private enforcement of competition law in China. For instance, the Rules attempt to clearly demarcate as to which party will discharge the burden of proof in certain specified situations, which was hitherto a big hindrance in private enforcement of competition law. INDIA In India, the Competition Act, 2002 (the Act) regulates competition matters, and the market regulator is the Competition Commission of India (CCI), a body constituted under the Act. The Act empowers the CCI to investigate and penalize anti-competitive agreements, abuses of dominant position and combinations which have an appreciable adverse effect on competition. Any affected party may approach the CCI with a complaint pursuant to which the C CI makes inquiries, investigates the alleged anti-competitive behaviour and issues an order. The orders of the CCI are appealable before the Competition Appellate Tribunal (COMPAT) established under the Act. The orders of the COMPAT can be appealed before the Supreme Court of India, whose decisions are final and binding. Whilst the above process outlines the public enforcement of competition law by the competition regulator in India, the Act does not provide for a parallel private enforcement of competition law. With respect to claiming compensation for anti-competitive behaviour, Section 53N(1) of the Act provides that any person may make an application to the COMPAT for award of compensation for any loss or damage shown to have been suffered and resulting from violation of the Act. However, such a claim for compensation must arise from: (a) any findings of the CCI or orders of the COMPAT; or (b) any contravention of the orders of the CCI or the COMPAT. Further, whilst it is not expressly stated in the Act, a constructive interpretation of Section 53N(1) would lead to the understanding that a claim can be made by the affected person only once the order of the CCI or the COMPAT, as the case may be, attains finality. In other words, if the order of the CCI or the COMPAT has been appealed against, a claim for compensation by the affected person based on such an order would not be tenable. Consequently, a person affected by anti-competitive behaviour would necessarily need to wait until the CCI, the COMPAT or the Supreme Court (hearing the appeal against the order of the COMPAT), as the case may be, passes a favourable order, and such order attains finality (whether by virtue of being a Supreme Court order, or due to expiry of the statutory limitation period for appeal). Only once such an order attains finality, can the affected party make a claim for compensation. This is similar to the Japanese approach as discussed above. Since the Act has been notifi ed fairly recently and the enforcement jurisprudence under the Act is still at a nascent stage, there have not been instances of affected parties claiming compensation for anti-competitive behaviour in terms of the limited framework available under the Act. However, the CCI has started penalizing large business entities for anti-competitive behaviour, and we may soon expect private parties to approach the COMPAT with claims for compensation. For example, the CCI had imposed a penalty of INR 6.3 billion on DLF Limited (one of the largest real estate companies in India) for abusing its dominant position in the market while providing services of developer/builder in high end residential projects in Gurgaon (which is part of the National Capital Region of India). Recently, the COMPAT upheld the CCIÃ ¢Ã¢â ¬Ã¢â ¢s decision against DLF Limited, and the matter is presently sub-judice before the Supreme Court of India. There have been media reports indicating that if the Supreme Cour t also upholds the CCIÃ ¢Ã¢â ¬Ã¢â ¢s decision, the allottees of the residential project plan to approach the COMPAT with compensation claims. Thus, this may well be the first case of private enforcement of competition law in India. CONCLUSIONS There is little doubt that jurisprudence pertaining to private enforcement of competition law is insufficient in most jurisdictions. Public enforcement of competition law may not always be helpful, as it does not directly cater to the persons who are affected by anti-competitive practices. On the other hand, private enforcement in such scenarios provides direct and speedy compensation to the affected persons. Therefore, it is important for the regulators (across the world) to realise that absence of private enforcement (or a complicated private enforcement regime) would result in the affected persons being left either without a remedy or with inadequate compensation. This gains even more relevance when fines imposed by statut ory authorities are insufficient to cover the losses suffered by the affected parties. Accordingly, it is recommended that urgent and concrete steps be taken by the competition law regulators to ensure that an effective and efficient mechanism for private enforcement of competition law is implemented. 1 | 8  AI Gavil, Federal Judicial Power and the Challenges of Multijurisdictional Direct and Indirect Purchaser Antitrust Litigation, (2000) 69 George Washington Law Review 860, cited in Firat Cengiz, Antitrust Damages Actions: Lessons From American Indirect PurchasersÃ ¢Ã¢â ¬Ã¢â ¢ Litigation, (2010) 59 ICLQ 39, available at: https://www.academia.edu/492202/ANTITRUST_DAMAGES_ACTIONS_LESSONS_FROM_AMERICAN_INDIRECT_PURCHASERSLITIGATION (last accessed on 31 March 2015).  Ibid.  Why competition matters, A Guide for Policy matters, Office of Fair Trading, available at: https://www.oft.gov.uk/shared_oft/business_leaflets/general/OFT1113.pdf (last accessed on 31 March 2015), cited in Payel Chatterjee and Simone Reis, Private Enforcement of Competition Law Issues Competition Commission of India vis-ÃÆ'Ã -vis Alternate Forums Is it actually an option?, available at: https://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research Articles/Private Enforcement of Com petition Law Issues.pdf (last accessed on 31 March 2015).  Francesca Richmond and Sarah West, Arbitrating Competition Law Disputes: A matter of Policy, Baker Mckenzie, cited in Payel Chatterjee and Simone Reis, Private Enforcement of Competition Law Issues Competition Commission of India vis-ÃÆ'Ã -vis Alternate Forums Is it actually an option?, available at: https://www.nishithdesai.com/fileadmin/user_upload/pdfs/Research Articles/Private Enforcement of Competition Law Issues.pdf (last accessed on 31 March 2015).  Competition Law to relieve consumers of unhealthy business practice: Shafique, available at: https://www.thefinancialexpress-bd.com/more.php?news_id=135247date=2012-07-02 (last accessed on 31 March 2015).  Daniel A. Crane, Optimizing Private Antitrust Enforcement, (2010) University of Michigan Law School Scholarship Repository, available at: https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1129context=articles (last accessed on 31 Marc h 2015).  Kenneth Ewing, Steptoe Johnson LLP, Private anti-trust remedies under US law, (2007) Competition 2006/07 Volume 1, available at: https://www.steptoe.com/assets/attachments/2804.pdf (last accessed on 1 April 2015).  Ibid.  Section 4, the Clayton Act.  Volvo Trucks N. Am., Inc. v. Reeder- Simco GMC, Inc., 546 U.S. 164, 176 (2006); Kristian v. Comcast Corp., 446 F.3d 25, 47 (1st Cir. 2006).  Albert A. Foer, Randy Stutz, Private Enforcement of Antitrust Law in the United States: A Handbook, (2012), Edward Elgar Publishing Limited, UK; also see, Agency Holding Corp. v. Malley- Duff Assocs., Inc., 483 U.S. 143, 151 (1987); Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 635 (1985); Copperweld Corp. v. Independence Tube Corp., 467 U.S. 752 (1984).  Albert A. Foer, Randy Stutz, Private Enforcement of Antitrust Law in the United States: A Handbook, (2012) Edward Elgar Publishing Limited, UK.  Kristian v. Comcas t Corp., 466 F.3d 25, 47Ã ¢Ã¢â ¬Ã¢â¬Å"48 (1st Cir. 2006), Gaines v. Carrollton Tobacco Bd. of Trade, Inc., 386 F.2d 757, 759 (6th Cir. 1967).  Pollock Riley, Inc. v. Pearl Brewing Co., 498 F.2d 1240, 1242 (5th Cir. 1974).  Supra at 12. Also, In re Cotton Yarn Antitrust Litig., 505 F.3d 274, 284 (4th Cir. 2007); Abraham Constr. Corp. v. Tex. Indus., Inc., 604 F.2d 897, 904 n.15 (5th Cir. 1979)); In re Uranium Antitrust Litig., 617 F.2d 1248, 1257 (7th Cir. 1980).  Supra at 12.  Claire M. Korenblit, Quantifying Antitrust DamagesÃ ¢Ã¢â ¬Ã¢â¬ Convergence of Methods Recognized by U.S. Courts and the European Commission, (March 2012) 1 CPI Antitrust Chronicle, Sidley Austin LLP, available at: https://www.sidley.com/~/media/Files/Publications/2012/03/Quantifying Antitrust DamagesConvergence of Meth__/Files/View Article/FileAttachment/KorenblitMAR12(1) (last accessed on 31 March 2015).  Supra at 12.  Kevin Scott Marshall, The Economics of Antitrust Injury and Firm-specific Damages, (2008) Lawyers Judges Publishing Company, Inc., USA.  Ibid.  Proposal for a Directive of the European Parliament and of the Council on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union, available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:52013PC0404 (last accessed on 31 March 2015). Case C-453/99, Courage and Crehan,  ECR I-6297; Case C-360/09, Pfleiderer AG v Bundeskartellamt,  ECR I-5161; and Case C-199/11 European Community v. Otis NV and others,  ECR I-0000.  Articles 4 and 5 of Regulation No 1/2003, respectively.  Article 23 of Regulation No 1/2003.  Id at 21.  Ibid.  This is the directive issued by the European Parliament with respect to compensation claims in relation to anti-competitive behavior under national laws of the EU m ember states.  Kent Roach and Michael J. Trebilcock, Private Enforcement of Competition Laws, (Fall 1996) Osgoode Hall Law Journal, Volume 34, Number 3, Article 2, available at https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1622context=ohlj (last accessed on 31 March 2015).  Ibid.  Ibid.  Simon Vande Walle, Private Enforcement of Antitrust Law in Japan: An Empirical Analysis, The Competition Law Review, (December 2011) Volume 8 Issue 1, 7.  Ibid.  Simon Vande Walle, Deterrence of Antitrust Violations: Do Actions for Damages Matter in Japan?, available at: https://www.sef.hku.hk/aslea2011/private/paper/19.%20Simon%20Vande%20Walle%20final%20full%20paper.pdf (last accessed on 31 March 2015).  Id at 30.  Id at 30.  Lessons from Four Years of Antitrust Enforcement in China, (September 2012) Jones Day, available at: https://m.jonesday.com/lessons_from_four_years/ (last accessed on 1 April 201).  Competition Policy and Enforcement in China, (September 2014), The US China Business Council, available at: https://www.uschina.org/sites/default/files/AML%202014%20Report%20FINAL_0.pdf (last accessed on 1 April 2015).  Zhan Hao, Chinese Anti-monopoly Private Litigation, China Law and Practice, available at: https://www.chinalawandpractice.com/Article/2029237/Channel/16143/Chinese-Anti-monopoly-Private-Litigation.html (last accessed on 1 April 2015).  Id at 36.  Susan Ning,Liu Jia and Hazel Yin, Supreme Court of China Issues Judicial Interpretation Governing Private Antitrust Litigations, (6 June 2012), King Wood Mallesons, Antitrust Competition, available at: https://www.chinalawinsight.com/2012/06/articles/corporate/antitrust-competition/supreme-court-of-china-issues-judicial-interpretation-governing-private-antitrust-litigations/ (last accessed on 1 April 2015).  Ravi Teja Sharma, DLF customers in three Gurgaon projects to seek comp ensation, Economic Times (23 May 2014), available at: https://articles.economictimes.indiatimes.com/2014-05-23/news/50054941_1_competition-appellate-tribunal-belaire-owners-association-park-place-residents (last accessed on 1 April 2015).
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