zaterdag 10 oktober 2009

Competition Law

Blog 2: EU approves new Microsoft pledges

The European Union had asked Microsoft to stop with anti-competitive practices. Now has the technology giant agreed to give customers more choice of web browser through its Windows operating system and they are prepared to share information with rivals.
The EU is now waiting on the other software firms, asking of what they think of Microsoft’s offer.

In the past had Microsoft a lot of problems do deal with new products of other software firms, they always want to be the best. So the biggest problem is that Microsoft abused his dominant market position by eliminate rivals from their market position. Another example, in 2004 the EU forced them to offer a version of its Windows operating system without Microsoft’s own media player. They also must give rivals more information about how their system works so they could make their own software integrate better with the operating system.

Now in 2009 Microsoft learned from their mistakes and said that they are prepared to change more information with the other companies. They give the software companies the chance to develop themselves through the industry and work together.

I think it’s a good thing that Microsoft will help other firms and they want to share their documents because in the future and this crisis every company needs to work together. When you are selfish nobody will have respect and if you ever needs help they won’t help you. I understand that a company will make profits for the hard work but not on this way.



Written by Sofie Lanckriet, 3 LP3



Source: http://news.bbc.co.uk/2/hi/business/8294587.stm
Page last updated at 16:56 GMT, Wednesday, 7 October 2009 17:56 UK

donderdag 8 oktober 2009

Blog 2: Mobile giants plan merger

The mobile giants Orange and T-Mobile have revealed plans to join their forces and set up a new mobile phone network.

If the two companies become one, they will have 28.4 million customers and a market share of 37 per cent. France Telecom and Deutsche Telekom, the owner of Orange and T-Mobile are having negotiations over the 50/50 joint venture. If the deal persist, they have promised better coverage and customer services. But on the other hand they warned there will be job losses in the United Kingdom. According to an Orange spokeswomen the job losses will be the result of more efficiency. The deal, expected to be signed by the end of November and completed in 2010, is a measure due to the struggle of the two companies in a highly competitive market.

Customers were told that the merger will bring benefits but if the deal would fail, they wouldn’t see any changes for the first 18 months.
According to the France Telecom’s financial officer, the deal will reinforce fair competition and will provide benefits for the customers due to new services and technologies. They also hope, on a long run, to make big annual cost savings.
Al last, the merge of Orange and T-Mobile will help both firms to enter into competition with the other two giants Vodafone and O2.

The merger will have some positive and negative results. On the one hand the deal will have some benefits as a result but there will also be some job losses. According to me this deal is a very good decision because the two companies couldn’t deal with the competition of Vodafone and O2. I know that there will be some job losses but it’s better that they join their forces instead of going bankrupt. I hope that the two firms can realize their plan and compete with the other mobile giants.

Navaron Walraeve

Source: http://www.thesun.co.uk/sol/homepage/news/money/2627253/Mobile-giants-plan-merger.html

Blog 2: Competition law

Blog 2 : Court dismisses Microsoft appeal in antitrust case.

The article is about Microsoft that’s prohibiting agreements or practices that restrict free trading and competition between business entities.
The Case started in 1993 and was caused by a complaint from the software company Novell about Microsoft’s practice of withholding information about server protocols needed for building interoperable products.

The European Court of Justice has decided in a preliminary ruling in 2003 that Microsoft needs to give the grant competitors access to its server protocols and have to unbundle its Media Player software from its Windows operating system. Above this judgment the Commission imposed Microsoft a fine of € 497 million, this fine was the largest one in history.

Against this judgment Microsoft has called appeal, that has been dismissed.
Thanks to this judgment the consumers have more choice in the software markets and obligate Microsoft to allow competition in the high tech Industries Market. This discussion token by court confirms the objectivity and the credibility of the Commissions competition policy.

Although I knew that Microsoft was the leader in the high tech Industries Market I didn’t thought they were banning other software companies to allow competition between their business entities.
I think their monopoly strategy has well worked out. Now the days, most of the peoples and companies are used to the Microsoft- Software. They already know the method of the software and are not driven to change all there software and learn new software.

Source: http://www.euractiv.com/en/infosociety/court-dismisses-microsoft-appeal-antitrust-case/article-166778

Written by Magalie Van Belleghem, 3RP1

zondag 4 oktober 2009

Blog 1: Restaurant tipping law to change

It is prohibited for employers to use tips and service charges to raise the staff pay to meet the minimum wage.

This measure will come into force in 2009 and it will benefit persons who are working in industries such as restaurants and bars.
Unions are very pleased with this move because they say that not allowing employees to have tips in addition to pay is an abuse.
Business Secretary John Hutton wants that the customers know where their money is going and if the establishment use a fair tipping policy.
According to John Hutton hundreds of thousands of people have a job where tipping is commonplace. The consumers expect it to go to service staff but they have the right to know if that actually happens.
Unions are very pleased with this move because they have argued that the current law is unfair. Derek Simpson, the joint leader of the Unite union says that he’s satisfied with the measure that employers will no longer be able to use the tips left for the staff to subsidise low wages.

The union wants to introduce a Fair Tips logo in places where the staff receive at least the minimum wage as well as all tips.
It is a good fact that the government wants to make sure that the employees can keep their tips and that it is the responsibility of the employers to pay the minimum wage.


According to me this is a fantastic decision of the government. People give a tip because they are satisfied of the way they were served by the employees and not to subsidise the low wages.
When I go to a bar or a restaurant, I give a tip that is meant to be for the employees and not for the employer so after writing this blog I will think twice.
I’m very pleased with the measure to introduce a Fair tip logo because the consumer is now sure that his tip will be for the staff.


Navaron Walraeve


Source: http://news.bbc.co.uk/2/hi/business/7533863.stm

zaterdag 3 oktober 2009

Employment law- sexual orientation discrimination

Blog 2: Federal appeals court allows homosexual employee’s.

As we all know there is a lot of sexual orientation discrimination at the work floor. That’s the reason why the federal appeals court in Pennsylvania has ruled that the federal law prohibit employers from discriminating against gay and lesbian employees who do not conform with gender stereotypes.


Mr. Plaintiff Brian Prowel a homosexual who was employed by Wise Business Forms was taunted by his co- workers, they called him ‘Princess’ and wrote insulting messages in the men’s bathroom. The employer was terminated almost a year after unsuccessfully claiming his lawyer based on harassment for not fitting in. He thought the firm concerned him not rough enough compared with the other employees. Later on he brought this suit under harassment and wrongful termination because of sex and religious discrimination and retaliation. Who failed again because of the lack of federal law for sexual orientation. On appeal they reversed the lower court’s ruling. Because of the doubt off the discussion whether the discrimination was based on how a man should act or sexual orientation. The court ruled based on evidence that the harassment or discrimination was occurred because of sex.


Because of this article we can conclude that employers now the day’s have to be available to assist employers, need to have a policy against workplace harassment and have to train their employees on harassment prevention.


My first thoughts after reading this article was that it’s really awful that grown up’s are bullying people based on their sexual orientation. I think it must be already tough enough for people who find out that they are homosexual to life with it. They need to have already a sudden strength to “come out of the closet” against the world. I think that it’s a good thing that the court has decided this judgment.


Source: http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1866


Magalie Van Belleghem 3RP1

Employment law

Blog 1: New power for employment tribunal

Employers in Jersey could be forced to re-employ workers they have previously fired after changes in employment law.

There is a new rule for the employment tribunals. The law for employment says that when the employer fired somebody he must have an urgent reason and handle his employee with respect.

The new rule is when the employee thinks that his discharge was unfair he can bring a claim of unfair dismissal to court and fight this against his employer. The conclusion for the employers is that in some cases they have to re-hire their employees after they fired them.
The proceedings that the tribunal must follow are:
- the tribunal will consider both the employers and the employees’ wishes
- find a compensation for both parties

The compensation is new, the tribunals have more freedom and can ask the employers to pay.
I think this is a good rule because there is enough abuse in the world of employers and employees. There are enough employers that thinking they can fire everybody without a good reason. Now can an unfair treaded employee claim his employer to re-hire him and give him a payment.


Written by Sofie Lanckriet, 3RP3

Source: http://news.bbc.co.uk/2/hi/europe/jersey/8284425.stm
Page last updated at 09:31 GMT, Thursday, 1 October 2009 10:31 UK