971 research outputs found
Price Personalization versus Contract Terms Personalization: Mapping the Complexity
No full textThe chapter aims to map the place of price personalization against the broader
conceptual backdrop of personalization practices in consumer law. In so doing, it looks both into the general theoretical framework of personalization and into some
specific instances where other contract terms intertwine with price personalization
Algorithmic Transparency and Explainability for EU Consumer Protection: Unwrapping the Regulatory Premises
No full textThe principles of transparency and explainability are landmarks of the current EU approach to artificial intelligence. Both are invoked in the policy guidelines as values governing algorithmic decision-making, while providing rationales for existing normative provisions, on information duties, access rights and control powers. This contribution addresses the debate on transparency and explainability from the EU consumer market perspective. The consumers’ position relative to algorithmic decision-making is considered, and their risks concerning mass surveillance, exploitation, and manipulation are discussed. The concept of algorithmic opacity is analyzed, distinguishing technology-based opacity that is intrinsic to design choices, from relational opacity toward users. The response of EU law is then considered. The emerging approach to algorithmic transparency and explainability is connected to the broader regulatory goals concerning transparency in consumer markets. It is argued that EU law focuses on adequate information being provided to lay consumers (exoteric transparency), rather than on understandability to experts (esoteric transparency). A discussion follows on the benefits of transparency, on its costs, and on the extent to which transparency can be implemented without affecting performance. Finally, the merits of a transparency-based regulation of algorithms are discussed and insights are provided on regulating transparency and explainability within the EU law paradigm
Algorithmic Price Discrimination and Consumer Protection. A Digital Arms Race?
No full textOnline market players are gradually gaining the capacity to adapt prices dynamically based on knowledge generated through vast amounts of data, so that, theoretically, every individual consumer can be charged the maximum price he or she is willing to pay. This has downsides for markets and society. European Union law insufficiently addresses these issues. Consumer-empowering technologies may help counter algortihmic price discruimination. We advocate for regulation to make the arms race between conumers and sellers more balanced by strengthening the digital tools available to consumer protection actors and to limit the battlefield by clarifying and refining the applica- ble rules and defining clearer categories of impermissible behaviours
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European contract law and the creation of norms /
No full textThe book provides a broad and topical perspective of the sources of modern contract law. It examines the creation of contract law as a multi-pronged occurrence that involves diverse types of normative content and various actors. The book encompasses both a classical perspective on contract law as a state-created edifice and also delves into the setting of contractual rules by non-state actors. In so doing, the volume thoroughly analyses present-day developments to make sense of shifting attitudes towards the overall regulatory paradigm of contract law and those that reshape the classic view of the sources of contract law. The latter concerns, in particular, the digitalisation of markets and growing trends towards granularisation and personalisation of rules. The book builds on the EU private law perspective as its primary point of reference. At the same time, its reach goes far beyond this domain to include in-depth analysis from the vantage points of general contract theory and comparative analysis. In so doing, it pays particular attention to theoretical foundations of sources of contract law and values that underpin them. By adopting such diversified perspectives, the book attempts to provide for a better understanding of the nature and functions of present-day contract law by capturing the multitude of social and economic dynamics that shape its normative landscape. The volume gathers a unique and distinguished group of contributors from the EU, USA and Israel. They bring research experience from various areas of private law and contribute with diverse conceptual perspectives. Stefan Grundmann is Professor of Transnational Law and Theory at the European University Institute, Florence, Italy, and Professor of Private and Business Law at Humboldt-University, Berlin, Germany. Mateusz Grochowski is a Senior Research Fellow at the Max Planck Institute for Comparative and International Private Law, Hamburg, Germany, Assistant Professor at the Institute of Law Studies of the Polish Academy of Sciences, Warsaw, and Fellow at the Information Society Project, Yale Law School, United States
A Short Play on the Idea of Laffer Curve in Transition Economies
No full textVery strong emotions have accompanied the idea of the Laffer Curve from the very beginning. This simple analysis does not try to solve the discussion. The author has constructed the (TBI-Tax Burden Index), a special measure of taxes. The special feature of this measure is that it tries to take into account both tax rates and tax ceilings while measuring the average taxation. The ensuing analysis gives us some evidence of the presence of some kind of the Laffer-like relationship in countries analysed. It shows that the Laffer Curve for these three countries can be bell shaped. On the other hand this relationship does not seem to play an important role in determining budget revenues in these countries. It seems that differences in revenues among countries are more the result of other factors specific to each country. Therefore, even if the main objective of a government is to maximize revenues, it should not pay to much attention to this issue, it would do much better trying to make tax system as simple as possible, minimizing both incentives and possibilities for tax evasion and tax avoidance.Laffer Curve, transition economies
The rule of law and the charter of fundamental rights as a source of European private law
No full textPrivate law regulation of online platforms in the Netherlands
No full textMany online platforms are designed to facilitate transactions between buyers and sellers of goods and providers and recipients of services. To that end, platforms establish and enforce their own rules, policies, and mechanisms. However, how they (can) go about that is regulated by law. In this Chapter, we assess the scope for establishing and enforcing platform rules through the means of private law in the Netherlands. Under Dutch private law, the enforcement by platforms of their rules can simply be accomplished with ordinary means of contract law, combined with the de facto power mechanisms at the disposal of platforms (eg control over payments, management of review and reputational instruments, exclusion from participation/membership, termination of contract). However, these means are subject to review by courts whenever platform participants, via either individual or collective actions, contest the actions of the platform. In this Chapter, we describe and critically assess the current state of Dutch law by (i) providing an overview of the relevant legal framework in the area of private law; and (ii) reviewing the case law concerning the private law regulation of online platform contracts, rules, and activities. Accordingly, we will discuss how online platform regulation is affected by the default or mandatory rules applicable to specific contracts (eg agency, brokerage, and services more generally), general terms and conditions, unfair commercial practices, precontractual information duties, and e-commerce. We will not be concerned with case law in the domains of administrative law, competition law, criminal law, labor law or tax law. The resulting assessment charts the scope for online platforms to set their own rules and policies for transactions regarding goods and services in the Netherlands
Private law regulation of online platforms in the Netherlands
No full textMany online platforms are designed to facilitate transactions between buyers and sellers of goods and providers and recipients of services. To that end, platforms establish and enforce their own rules, policies, and mechanisms. However, how they (can) go about that is regulated by law. In this Chapter, we assess the scope for establishing and enforcing platform rules through the means of private law in the Netherlands. Under Dutch private law, the enforcement by platforms of their rules can simply be accomplished with ordinary means of contract law, combined with the de facto power mechanisms at the disposal of platforms (eg control over payments, management of review and reputational instruments, exclusion from participation/membership, termination of contract). However, these means are subject to review by courts whenever platform participants, via either individual or collective actions, contest the actions of the platform. In this Chapter, we describe and critically assess the current state of Dutch law by (i) providing an overview of the relevant legal framework in the area of private law; and (ii) reviewing the case law concerning the private law regulation of online platform contracts, rules, and activities. Accordingly, we will discuss how online platform regulation is affected by the default or mandatory rules applicable to specific contracts (eg agency, brokerage, and services more generally), general terms and conditions, unfair commercial practices, precontractual information duties, and e-commerce. We will not be concerned with case law in the domains of administrative law, competition law, criminal law, labor law or tax law. The resulting assessment charts the scope for online platforms to set their own rules and policies for transactions regarding goods and services in the Netherlands
Private law regulation of online platforms in the Netherlands
No full textMany online platforms are designed to facilitate transactions between buyers and sellers of goods and providers and recipients of services. To that end, platforms establish and enforce their own rules, policies, and mechanisms. However, how they (can) go about that is regulated by law. In this Chapter, we assess the scope for establishing and enforcing platform rules through the means of private law in the Netherlands. Under Dutch private law, the enforcement by platforms of their rules can simply be accomplished with ordinary means of contract law, combined with the de facto power mechanisms at the disposal of platforms (eg control over payments, management of review and reputational instruments, exclusion from participation/membership, termination of contract). However, these means are subject to review by courts whenever platform participants, via either individual or collective actions, contest the actions of the platform. In this Chapter, we describe and critically assess the current state of Dutch law by (i) providing an overview of the relevant legal framework in the area of private law; and (ii) reviewing the case law concerning the private law regulation of online platform contracts, rules, and activities. Accordingly, we will discuss how online platform regulation is affected by the default or mandatory rules applicable to specific contracts (eg agency, brokerage, and services more generally), general terms and conditions, unfair commercial practices, precontractual information duties, and e-commerce. We will not be concerned with case law in the domains of administrative law, competition law, criminal law, labor law or tax law. The resulting assessment charts the scope for online platforms to set their own rules and policies for transactions regarding goods and services in the Netherlands
Mechanizmy i nieprawidłowości w procesie wyceny przedsiębiorstw piłkarskich = Mechanisms and abnormalities in business valuation of football enterprises
No full textMateusz Ciepłucha. Mechanizmy i nieprawidłowości w procesie wyceny przedsiębiorstw piłkarskich = Mechanisms and abnormalities in business valuation of football enterprises. Journal of Education, Health and Sport. 2016;6(9):103-116. eISSN 2391-8306.
DOI http://dx.doi.org/10.5281/zenodo.159179
http://www.ojs.ukw.edu.pl/index.php/johs/article/view/3821
https://pbn.nauka.gov.pl/sedno-webapp/works/
Original Text published © The Author (s) 2016. Mateusz Ciepłucha. Mechanizmy i nieprawidłowości w procesie wyceny przedsiębiorstw piłkarskich = Mechanisms and abnormalities in business valuation of football enterprises. 2016;2(2):30-42. eISSN 2450-3118.
DOI: http://dx.doi.org/10.5281/zenodo.51128,
PBN: https://pbn.nauka.gov.pl/sedno-webapp/works/725656.
The journal has had 7 points in Ministry of Science and Higher Education parametric evaluation. Part B item 755 (23.12.2015).
755 Journal of Education, Health and Sport eISSN 2391-8306 7
© The Author (s) 2016;
This article is published with open access at Licensee Open Journal Systems of Kazimierz Wielki University in Bydgoszcz, Pola nd
Open Access. This article is distributed under the terms of the Creative Commons Attribution Noncommercial License which permits any noncommercial use, distribution, and reproduction in any medium, provided the original author(s) and source are credited. This is an open access article licensed under the terms of the Creative Commons Attribution Non Commercial License (http://creativecommons.org/licenses/by-nc/4.0/) which permits unrestricted, non commercial use, distribution and reproduction in any medium, provided the work is properly cited.
This is an open access article licensed under the terms of the Creative Commons Attribution Non Commercial License ( http://creativecommons.org/licenses/by-nc/4.0/) which permits unrestricted, non commercial use, distribution and reproduction in any medium, provided the work is properly cited.
The authors declare that there is no conflict of interests regarding the publication of this paper.
Received: 05.08.2016. Revised 25.08.2016. Accepted: 06.09.2016.
Mateusz Ciepłucha[1]
Uniwersytet Szczeciński
Mechanizmy i nieprawidłowości w procesie wyceny przedsiębiorstw piłkarskich
Mechanisms and abnormalities in business valuation of football enterprises
Streszczenie
W pracy omówiono w sposób syntetyczny proces i nieprawidłowości wyceny przedsiębiorstw piłkarskich. Wykazano metody wyceny, ich mocne i słabe strony, a także ograniczenia. Przedstawiono czynniki, od których uzależniony jest proces ewaluacji klubów sportowych. Wyodrębniono i omówiono przykładowe sposoby wykorzystywane przez decydentów i księgowych w celu manipulowania sprawozdawczością finansową jednostki, które zmniejszają przejrzystość i zasadność wyceny wartości. W dalszej części opracowania opisane zostały uwarunkowania wyceny i oceny przedsiębiorstw piłkarskich w odniesieniu do ich ewidentnej specyfiki działalności. Celem badań było przedstawienie niejednoznaczności i trudności ewaluacji biznesu sportowego mającego szerokie nacechowanie jakościowe. Charakterystyka ta wpływa więc w znaczącym wymiarze na dyferencję w zakresie wartości księgowych i rynkowych. Materiałem badawczym wykorzystanym w opracowaniu jest przegląd literatury w danej dziedzina oraz symulacja proces wyceny przedsiębiorstwa piłkarskiego za pomocą analizy wskaźnikowej oraz wskaźników C/Z i C/WK.
Słowa kluczowe: wycena przedsiębiorstw, kreatywna rachunkowość, wskaźniki finansowe
Summary
The paper shows in synthetic way a process and irregularities in the football business valuation. It has been shown selected valuation methods, their strengths, weaknesses and limitations. Paper also indicate the factors on which depends the process of clubs evaluations. Further part of article discusses examples of ways used by decision-makers and accountants to manipulate the financial reporting units that reduce transparency and legitimacy of valuation. The following part of the study describes the conditions of evaluation and assessment of enterprises of football in relation to their specific business evident. The aim of the study was to present ambiguity and difficulty evaluating sports business. Football business has wide range of features marked by quality factors. This characteristic affects so significant dimension to design differences among book value and market value. The research material used in the study is a review of the literature and simulation model of football business valuation based on ratio analysis, P/E and P/BV indicators.
Keywords: business valuation, creative accounting, financial indicators
[1] Mateusz Ciepłucha, e-mail: [email protected]
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