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The European Antitrust Review 2015
Telecoms and Media
Recent EU Developments in the Media, Telecoms and IT Sectors
Technological developments and innovation in the fast-moving and dynamic telecoms, media and IT markets have continued to pose new challenges for the European Commission (the Commission) in the past year. The Commission is tasked with ensuring that consumers are provided with choice so they can decide between services based on their merits and preserving incentives for firms to innovate, so that consumers can benefit from new or better services in the future. Indeed, the fewer restrictions consumers have, the more popular the products and services of the industry will become. This increase in consumer base is likely to encourage new companies to enter the market with innovative products, thereby increasing competition and innovation as incumbent vendors are spurred into improving their market position through product differentiation.
Interestingly, the EU General Court cited the quickly evolving and fast growing markets of this sector in its December 2013 judgment upholding the Commission's decision of October 2011 to clear the acquisition of Skype by Microsoft.1 The Court confirmed that the Commission was correct in finding that even on the narrow market for video communications on Windows-based PCs only, Microsoft/Skype's high combined market share of 80–90 per cent was not particularly indicative of competitive strength in a fast-growing market and that, insofar as video communications services are offered free of charge, any attempt to increase prices would encourage consumers to switch supplier. Furthermore, it found that in such a rapidly evolving market where strong competitors are present, account should also be taken of the increasing use of mobile phones and tablets, where Microsoft was a relatively small player.
However, the fact remains that the unprecedented scale and rapid pace of developments in these sectors do not necessarily correspond to low entry barriers, especially if users find it costly to switch to new brands or products that are incompatible with the established technology. Indeed, sectors in continual evolution such as the media and telecoms markets benefit in particular from transparency and openness in order to ensure the possibility of new entrants and also avoid consumer-lock in. In this respect, standards play a crucial role since they tend to increase competition and allow lower output and sales costs, thus benefiting consumers.
Against this background, competition enforcement policy needs to strike the right balance between preventing the creation or entrenchment of market power to the detriment of future competition and not undermining undertakings' incentives to invest and innovate. This may raise complicated trade-offs that do not necessarily have an easy policy resolution. Navigating the dynamics of these evolving markets is indeed a complex task, but addressing the challenges that these markets pose remains crucial for an effective competition policy.
The move towards consolidation in the telecoms sector
On 11 September 2013, the European Commission published a proposed legislative telecoms package (the Connected Continent package) containing proposals for EU-wide and roaming-free mobile plans; simpler rules to help companies invest more and expand across borders; the first ever EU-wide protection of net neutrality; as well as the abolishment of premiums for international phone calls within Europe.
The proposed reform aims to remove the obstacles to a single market for telecoms and incentivise the sector to invest in new technologies and services. The proposal seeks to reduce administrative burdens related to gaining authorisation to operate, coordinate radio-spectrum assignment at EU level, and increase network capacity. It will also lead to the elimination of premiums on international call and on incoming calls when roaming.
The reform has been strongly championed by the Commission, including by Commissioner Almunia who expressed his belief that Europe's competitiveness would greatly benefit if dynamic and innovative players could operate in a truly EU-wide telecoms market.2 Indeed, he recalled that Europe's telecoms markets remain fragmented and spectrum allocations, regulations and enforcement are still very much national affairs.
In this context, while recognising that consolidation at EU level can be beneficial if it increases efficiency, DG Competition is wary of transactions that would increase concentration in already concentrated national markets. The recent acquisitions of O2 Ireland by Hutchison and of KPN's E-Plus business in Germany by Telefónica are illustrative of the Commission's approach in this respect.
O2 Ireland/Hutchison
Following an in-depth investigation, the Commission conditionally approved the acquisition of Telefónica Ireland's mobile telecommunications business (O2 Ireland) by Hutchison 3G (H3G) in May 2014. The merger combines the second and the fourth-largest mobile network operators (MNOs) in Ireland, creating the number two operator with a 37.5 per cent share of the national telecoms market.
After its in-depth investigation, the Commission was concerned that the acquisition would weaken the 'aggressive' competitiveness prevailing in the Irish market since it would remove an important competitive constraint in the form of H3G, leaving the merged entity with two competitors Vodafone and Eircom (holding 40 per cent and 20 per cent of the market respectively). The Commission identified two particularly problematic areas: the retail mobile services market for end consumers and the wholesale market for network access and call origination.
H3G on the other hand, argued that the Irish mobile market has 'one clear dominant market leader with the other three operators lagging behind'. In its view, the acquisition of O2 Ireland would provide it with the 'scale and financial strength necessary to compete aggressively in the market' and allow it to compete better with the market leader, Vodafone. It also argued that the transaction was key to it achieving the scale necessary to invest in state-of-the-art Long Term Evolution infrastructure in Ireland.
Nevertheless, to allay the Commission's concerns, H3G submitted commitments based on two components.
First, H3G offered a package aimed at ensuring the short-term entry of two mobile virtual network operators (MVNOs). Under its commitments, H3G will sell up to 30 per cent of the merged company's network capacity to two MVNOs in Ireland at fixed payments. The decision leaves open the possibility for them to become a full mobile network operator at a later stage. Second, H3G committed to continuing and expanding its network-sharing agreement with Irish rival Eircom, which, following the deal, will be the weakest of Ireland's remaining mobile network operators.
On the basis of these commitments the Commission cleared the proposed transaction on 28 May 2014.
Telefónica Deutschland/E-Plus
E-Plus and Telefónica are mobile network operators and provide mobile telecommunications services to end consumers in Germany, as well as in related markets such as the wholesale of network access and call origination. The proposed transaction would combine two of the four mobile networks in Germany and create a player of similar size to the currently two largest operators, Deutsche Telekom and Vodafone.
In December 2013, the Commission announced it had opened an in-depth investigation into the proposed acquisition. The Commission's main concerns were that the merger would remove E-Plus and Telefónica as important competitive forces from the market and change their incentives to compete. Likewise, the incentives of Deutsche Telekom and Vodafone to compete aggressively would decrease. Finally, following the merger, the remaining MNOs could have a reduced incentive to allow MVNOs to access their network. According to the Commission, prospective and existing MVNOs and service providers would have less choice of host networks and hence weaker negotiating power to obtain favourable wholesale access terms.
One characteristic of the German market is that MVNOs already have a significant presence in the market. In addition, timely MNO entry appears to be very unlikely. As a result, the remedy package submitted by Telefónica primarily aims at ensuring the short entry or expansion of MVNOs and improving their competitive position on the German market. In particular:
- Telefónica will have to make 30 per cent of its network capacity available to one or several (up to three) MVNOs in exchange for upfront payments. As these wholesale agreements will have to be concluded and approved by the Commission before Telefónica can complete the acquisition of E-Plus, this remedy will be implemented with a high degree of certainty and will preserve competition already in the short term. In addition, the minimum capacity that the MVNOs will have to commit to upfront is significant. This will give them incentives to fill that capacity by competing aggressively to acquire subscribers.
- Telefónica will also extend existing wholesale agreements and offer 4G services to all interested non-MNOs players in the future. This remedy will improve the position of MVNOs to whom one of the parties currently grants wholesale access for 2G and 3G services. In addition, the opportunity to be granted access to 4G services will improve the negotiation position of MVNOs in relation to other MNOs.
The remedy package also aims at lowering the barriers to entry on the German market in order to facilitate the potential entry and development of a new MNO. Telefónica will therefore offer to divest spectrum and certain assets either to a new MNO entrant or one of the upfront MVNOs.
The Commission cleared the proposed transaction on 3 July 2014.
Both the Irish and German decisions confirm that, as stated by Commissioner Almunia on several occasions, there is no magic number for MNOs in a given national market and that '4 to 3' mergers can proceed provided adequate remedies, tailored to address the competition concerns specific to that market, are proposed. In this respect, the remedies accepted in both the Irish and German cases mark a departure from previous merger clearances, including Hutchison's purchase of Orange in Austria in 2013. In particular, the Commission did not require remedies designed to ensure the immediate entry of a new MNO but accepted instead commitments aimed at removing the elements that preclude MVNOs from competing on an equal footing with MNOs as well as at increasing their incentives to compete.
The 'patent wars' among mobile-device firms
The so-called smartphone patent wars, where holders of standard-essential patents (SEPs) sought to ban competitors' products from the market on the basis of their SEPs, have once again seen the connection between intellectual property and competition policy closely scrutinised.
Under patent law, companies own the exclusive rights to their innovations for a specific period of time. Patent holders whose technology is essential to implement a specific industry standard (standard-essential patents) are supposed to license it under fair, reasonable and non-discriminatory (FRAND) terms. Such commitments are designed to prevent patent holders from making the implementation of a standard difficult by refusing to license or requesting excessive fees after the industry has been locked-in to the standard or by charging discriminatory royalties.
In the past year, the Commission has continued its commitment to ensuring that standards are not misused and has pursued several competition law cases aimed at avoiding such misuse.
The most recent Commission cases in this area are the Motorola and Samsung decisions, which concern the seeking of injunctions on the basis of SEPs. The Commission considers that seeking injunctions is generally a legitimate remedy against a patent infringer. However, if the SEP holder has a dominant position and has committed to license on FRAND terms, it expects to be compensated for its SEPs through licensing revenue rather than by using these patents to exclude competitors by seeking injunctions.
Samsung: enforcement of ETSI SEPs
In January 2012, the Commission opened a formal investigation to assess whether Samsung had abusively, and in contravention of a commitment it gave in 1998 to the European Telecommunications Standards Institute (ETSI), used certain of its SEP rights to distort competition in European mobile device markets. The Commission's case centres around whether seeking an injunction against rivals, including Apple, for using SEPs amounts to a breach of Samsung's commitment to license on FRAND terms which may have enabled it to extract higher royalty rates or delay the launch of rival products.
Following the Commission's investigation, Samsung committed to refrain from seeking injunctions in Europe on the basis of SEPs for mobile devices for a period of five years against any potential licensee of these SEPs who agrees to accept a specific licensing framework. This licensing framework consists of a mandatory negotiation period of up to 12 months, and if the negotiation fails, third-party determination of FRAND terms by either a court, if one party chooses, or arbitration if both parties agree. According to the commitments agreed, if the parties raise concerns about the validity or infringement of the licensed SEPs, the judges or arbitrators will have to take those into consideration. In the Commission's view, the commitments therefore enable a 'safe harbour' for negotiations. On 29 April 2014, the Commission rendered the commitments legally binding.
In a statement accepting the conditions, Commissioner Almunia stated:
The protection of intellectual property and competition are both key drivers of innovation and growth. This is why it is essential that intellectual property is not misused to the detriment of healthy competition and, ultimately, of consumers.
Motorola Mobility
On the same day the Samsung settlement was announced (29 April 2014) the Commission found that Motorola Mobility's decision to both seek and enforce an injunction against Apple in Germany on the basis of a smartphone SEP it had committed to license on FRAND terms was a violation of EU competition law.
The violation centred around Motorola Mobility's injunction against Apple, which was deemed a 'willing' licensee since it agreed in October 2011 to let a court decide what the appropriate royalty rate should be for Motorola Mobility's GSM technology. The Commission also found it anti-competitive that Motorola insisted, under the threat of the enforcement of an injunction, that Apple give up its rights to challenge the validity or infringement by Apple's mobile devices of Motorola SEPs.
The Commission ordered Motorola to eliminate the negative effects resulting from its conduct but did not impose a fine on Motorola, noting that national courts have reached different conclusions in SEP cases and that there is no EU case law covering such injunctions.
With the Motorola case and the Samsung settlement, the Commission sought to bring much-needed clarity for companies as to how the Commission approaches potential competition abuses involving SEPs. However, it is unlikely that the potential for disputes between SEP holders and licensees will be fully eliminated since the assessment of whether a company is a 'willing' licensee is, ultimately, subjective. Indeed, the Commission has itself acknowledged that willingness in the safe harbour framework need be decided on a case-by-case basis.
The Commission also encountered SEP-related issues in the Microsoft/Nokia merger.
On 4 December 2013, the Commission unconditionally cleared the proposed acquisition of most of Nokia Corporation's devices and services business (the D&S business) by Microsoft Corporation. The D&S business mainly produces and sells smartphones and feature phones.
The Commission's assessment focused on the effects of the acquisition on competition in the field of smart mobile devices (including smartphones and tablets). It also investigated a number of vertical relationships between the merged entity's activities in the downstream market for smart mobile devices and Microsoft's upstream activities in mobile operating systems (OS), mobile applications (apps), and enterprise mail server software and related communication protocols.
Concerning the vertical relationships, as Microsoft's market share in the mobile OS space was considered as being limited, the Commission assumed that Microsoft was expected to need to continue to rely on third-party device suppliers to compete with Android and Apple's platform.
The Commission also found that Microsoft was unlikely to have the incentive to restrict the supply of its mobile apps such as its Office suite apps and its communication app Skype, to competing providers of smart mobile devices. Additionally, the investigation revealed that Microsoft would not be able to restrict the interoperability of competing smart mobile devices with Exchange Server, Microsoft's enterprise mail server software, because of the contractual terms of their current licences to Microsoft patents covering the communication protocol that manages synchronisation of email, calendar and contacts between smart mobile devices and Microsoft Exchange.
The Commission concluded that the transaction would not raise any competition concerns, particularly as there were only modest overlaps between the parties' activities, and the links between Microsoft's mobile operating systems, mobile applications and enterprise mail server software with Nokia's smart mobile devices were unlikely to lead to competitors being shut out from the market.
However, some industry players have voiced concerns regarding potential anti-competitive conduct that might arise from the conduct of Nokia, following the transaction, in the licensing of the patent portfolio for smart mobile devices which it has retained.
This was acknowledged by Commissioner Almunia during an IP summit held in Paris on 9 December 2013.3 According to him:
since Nokia will retain its patent portfolio, some have claimed that the sale of the unit would give the company the incentive to extract higher returns from this portfolio. These claims fall outside the scope of our review. When we assess a merger, we look into the possible anti-competitive impact of the company resulting from it. We cannot consider what the seller will do. If Nokia were to take illegal advantage of its patents in the future, we will open an antitrust case.
The Commission nevertheless clearly stated that it will remain vigilant and closely monitor Nokia's post-merger licensing practices under EU antitrust rules, in particular article 102 TFEU.
The Google investigations
As one of the Commission's most high-profile investigations comes to a close – Google's alleged abuse of its search engine to favour its own business – at least two other antitrust investigations into the search provider's conduct seem to be on the horizon.
In a letter sent to his fellow Commissioners on 11 June 2014, Almunia is said to have revealed that the Commission was prepared to investigate 'many allegations, the various practices that they cover, and the new types of markets that are affected' mentioning social networks, streaming and mobile apps as areas that could all face scrutiny.
Additionally, the Commission will reportedly decide on whether or not to open a formal investigation into the Google Android mobile device by the beginning of August this year.
Google Search
In March 2013, the Commission officially informed Google of its preliminary conclusion that four types of practices in search and search advertising may violate EU competition rules prohibiting the abuse of a dominant position.
The first competition concern relates to the favourable treatment, within Google's web search results, of links to Google's own specialised web search services as compared to links to competing specialised web search services. Users are generally not aware of this promotion of Google's offer within the search results, leading to the Commission's concern that this practice unduly diverts traffic away from Google's competitors towards Google's own services.
The second concern relates to the use by Google, without consent, of original content from third-party web sites in its own specialised web search services. This may reduce competitors' incentives to invest in the creation of original content.
The third concern centres around the conditions on publishers preventing them from displaying search advertisements from Google's competitors on their websites.
Finally, the fourth competition concern relates to contractual restrictions on the transferability of online search advertising campaigns to rival search advertising platforms and the management of such campaigns across Google's Adwords and rival search advertising platforms.
On 3 April 2013, Google submitted its first set of remedies. The feedback received from the market test was, however, largely negative and the Commission therefore requested Google to significantly improve its proposals. Google offered changes to its commitments in October 2013 on which the Commission again sought feedback through a market test. The Commission noted that the issue that received the most criticism related to vertical search concerns with respondents stating that the links to rivals that would be displayed for certain categories of specialised search services were not visible enough. Overall, the Commission was still not satisfied that the second round of proposals fully addressed their competition concerns and called on Google to submit an improved proposal.
In February 2014, a final set of commitments were submitted by Google. This third package of commitments focuses on how Google will ensure that rival specialised search services can compete fairly with Google's services. In summary, they ensure:
- that Google advertises the relevant products of three rival search companies alongside its own vertical search results so that it is clearly visible to users. This concession represents a significant change from two previous offers which proposed to display links to rival services on its search page. With regards to the selection of the services of three rivals, where Google does not charge for inclusion in its specialised search service, rivals will not be charged to participate in the rival links and instead will be chosen based on their ranking in natural search. Conversely, where Google charges merchants for inclusion in its specialised search service, the three rivals will be chosen on the basis of an auction mechanism from a set of sites that have submitted a bid for the relevant keyword;
- that competing search companies can opt out of the way Google uses their content in its own offerings; and
- the removal of search advertisement exclusivity provisions in Google's agreements with websites and restrictions on porting advertising campaigns away from Google to one of its competitors.
The concessions would be legally binding for five years and an independent monitoring trustee will oversee their implementation.
On 5 February 2014, Almunia announced that he believed these final proposals alleviated the competition concerns and considered them sufficient to settle the case without formal sanctions. In so doing, he recalled the fact that no antitrust authority in the world had obtained such concession.
The Commission wrote to all the complainants explaining why it believes Google's offer is capable of addressing the concerns, and the complainants now have the opportunity to make their views known to the Commission before it takes a final decision as a whole. A decision is expected by the end of the Commission's current mandate in autumn 2014.
The case marks the first time the Commission has investigated the online search market. The sector is particularly fast moving since online search itself is constantly evolving. Indeed, as the Commission itself pointed out, since it started the investigation, the way search results are presented and the kind of services provided have changed many times.4 Indeed, the initial complaint focused on static devices, but in the meantime mobile devices have become increasingly relevant, which has led not only to the introduction of new search services but also to changes in the way users access and interact with existing ones.
In this context, Commissioner Almunia has on many occasions stated that such fast-moving markets benefit in particular from a quicker resolution of the competition issues (ie, a commitment procedure pursuant to article 9 of Regulation 1/2003 rather than the more adversarial route of a formal statement of objections and subsequent appeals). Nevertheless, the Commission's investigation has still lasted to date for more than three-and-a-half years and it will be imperative to ensure that in such a dynamic market the commitments will retain their relevance.
Google Android
On 9 April 2013, Fairsearch – a coalition of specialised search and technology companies that includes Microsoft, Oracle and Nokia – filed a formal complaint with the Commission on the grounds of abuse of a dominant position concerning its practices related to its mobile operating system Android. Android is licensed by handset makers including HTC, Samsung and LG for their phones and tablets.
The complaint alleges that Google uses deceptive conduct to lock out competition in the mobile phones sector. The main issue centres around the way in which Google bundles its suite of services with Android: if a phone manufacturer wishes to build an Android phone that offers Google Search or YouTube, the manufacturer is forced to pre-load an entire suite of Google mobile services and award them prominent default placement on the phone. In this respect, the complaint refers to the Commission's landmark ruling on Microsoft's media player and website browsers to show that a dominant company's preloading of new products confers a considerable advantage over rivals.
The other issue is that of Google's distribution method. FairSearch characterises the giving away of Android for free as predatory, arguing that it 'makes it difficult for other providers of operating systems to recoup investments in competing with Google's dominant mobile platform'.
The Commission will reportedly decide whether or not to open a formal investigation into the Android mobile device by the beginning of August.
Contaxe complaint and other investigations
On 25 May 2014, Contaxe, a Swiss-based provider of online advertising services, filed an antitrust complaint against Google alleging that the search provider bundles services with its 'dominant search engine', diverts and controls internet traffic through Android and the Chrome browser, and manipulates advertising terms.
At the time of writing, the Commission has yet to comment directly on this case; however, in his letter of 11 June 2014 to the College of Commissioners, Almunia referred to additional complaints 'lodged in recent weeks' that fell into at least three broad areas concerning the ways that Google was said to:
- use its video catalogue to help give YouTube an unfair advantage;
- use its AdWords product to sell advertising space; and
- use another advertising product called AdSense.
The letter also referred to complaints relating to Google's use of images from third-party websites and, more recently, a potential complaint about the pressure Google is putting on independent music labels to extract better terms in its negotiations for a new streaming product on YouTube.
Thus, while the Google search saga may be finally reaching its end, it seems likely that Google's antitrust woes are far from over.
Net neutrality and internet connectivity
The Commission's connected continent package includes provisions to introduce net neutrality to the EU, thus ending the blocking and throttling and degrading of services so consumers can enjoy the full internet regardless of their internet subscription.
Although there is no set definition of net neutrality under EU law, the European Parliament's version of the Commission's text (which the Parliament adopted on 3 April 2014) introduces the following definition:
net neutrality means the principle according to which all Internet traffic is treated equally, without discrimination, restriction or interference, independently of its sender, recipient, type, content, device, service or application.
Under the Commission's proposal, clear rules are set out for traffic management which has to be non-discriminatory, proportionate and transparent. Companies would, however, be allowed to differentiate their offers (for example by speed) and compete on enhanced quality of service. In addition, in order to meet end-users' demand for better service quality, the proposal allows content providers to agree deals with internet providers to assure a certain quality of service. Such offers will enable telecom operators to generate additional revenue streams from over-the-top players, content providers, as well as from consumers who are willing to pay for better or faster services. These revenues in turn will enable operators to finance investments into network upgrades and expansion.
The Commission has also identified internet connectivity as another area that competition authorities are looking at. Speaking at a conference in March 2014, Alexander Italianer, director general of DG Competition, recognised the challenges faced by telecoms companies due to internet newcomers who can offer innovative services that rival those of traditional mobile telephone operators, such as voice and video calling and free text messaging.5However, traditional operators often own the network over which such content is transmitted and so the newcomers form a threat to their own paid services.
In this respect, the Commission carried out unannounced inspections at the premises of telecoms operators Deutsche Telekom, Orange and Telefónica in July 2013 over potential competition issues concerning internet connectivity. Indeed, the Commission is concerned that these companies may be abusing a dominant position, for example, by degrading the quality or limiting the speed of third-party content, in order to favour their own content.
The French Competition Authority also carried out an investigation into the internet traffic exchange practices of Orange (formerly France Télécom) following a complaint by global internet-traffic carrier Cogent in 2012. The Competition Authority subsequently found that Orange's fee for opening additional interconnection capacity was unfair and ordered it to be more transparent about the relationship between its internet access and internet transit business. In response to the concerns raised by the Authority, Orange offered to define a formal internal protocol with its transit operator business Open Transit, specifying the technical, operational and financial conditions governing the provision of connectivity services in France. The French Competition Authority accepted the proposed remedy and made it binding on Orange. Cogent subsequently contested that remedy to the Paris Appeals Court on the basis that there was no accounting separation between the internet provider of Orange and Open Transit and the remedy was insufficient since it was only an internal protocol. The Appeals Court rejected all of Cogent's claims.
The awaited Intel judgment
In May 2009, the Commission imposed a record fine of €1.06 billion on Intel for having abused its dominant position on the market for x86 central processing units (CPUs).
The Commission considered that Intel was in a dominant position on the ground that it held a market share of around 70 per cent and that it was extremely difficult for competitors to enter the market and to expand as a result of the unrecoverable nature of investments to be made in research and development, intellectual property and production facilities. Given its strong dominant position, Intel was an unavoidable supplier of x86 CPUs and customers had no choice other than to obtain part of their requirements from Intel.
According to the Commission, the abuse was characterised by two main types of practices:
- discounts granted to four major computer manufacturers on the condition that they purchase from Intel all or almost all of their x86 CPUs; and
- payments to three computer manufacturers that were conditional upon their postponing or cancelling the launch of AMD CPU-based products or putting restrictions on the distribution of those products.
Intel appealed the Commission's decision on several grounds, many of which concerned the legal characterisation of the rebates and payments granted by Intel in consideration of exclusive supply. By a judgment adopted on 12 June 2014,6 the General Court dismissed Intel's appeal in its entirety.
The judgment of the General Court was long awaited. Discounts and rebates are indeed a controversial area in competition law. Whereas it is acknowledged that they may be part of legitimate price competition leading to lower prices for consumers, there is also concern that they may be used by dominant undertakings to exclude competitors and ultimately exploit customers.
In its judgment, the General Court distinguished between three types of rebates:
- quantity rebates linked solely to the volume of purchases made. Such rebates are deemed to reflect gains in efficiency and economies of scale made by the undertaking in a dominant position and are generally considered not to have the foreclosure effect prohibited by article 102 TFEU;
- rebates linked to the attainment of individual sales objectives that do not amount to an exclusivity or quasi-exclusivity. In examining whether the application of such rebates constitute an abuse of dominant position, it is necessary to consider all the circumstances and to investigate whether, in providing an advantage not based on any economic service justifying it, that rebate tends to remove or restrict the buyer's freedom to choose his sources of supply, to bar competitors from access to the market or to strengthen the dominant position by distorting competition; and
- rebates linked to a condition of exclusive or quasi-exclusive supply. These exclusivity rebates are, by their very nature, capable of restricting competition and foreclosing competitors, and therefore constitute an abuse if there is no objective justification for granting it. The Court found that it was not necessary to show that they are capable of restricting competition on a case-by-case basis in light of the facts of the individual case.
The General Court held that the rebates granted by Intel to computer manufacturers were exclusivity rebates capable of restricting competition by their very nature and therefore concluded that the Commission did not have to assess the circumstances of the case in order to show that they actually or potentially had the effect of foreclosing competitors from the market.
The General Court further stated that it was not necessary to examine, by means of the 'as efficient competitor test', whether the Commission correctly assessed the ability of the rebates to foreclose a competitor as efficient as Intel. Even if the competitors were still able to cover its costs in spite of the rebates granted, that would not mean that the foreclosure effect did not exist. Indeed, the grant of an exclusivity rebate by an unavoidable trading partner makes it structurally more difficult for a competitor to submit an offer at an attractive price and thus gain access to the market even if that access is not economically impossible.
This purely form-based approach is contrasted with the one followed by the Court of Justice in respect of other types of pricing practices. For example, in Post Denmark, the Court of Justice acknowledged that an effects-based approach should be applied to selective price-cutting behaviour and also supported in this respect the use of the 'as efficient competitor' test.
When looking back over previous years, it is clear that technological developments in the telecoms, media and IT sectors, as well as the rapid development of new technologies, products and firms, have brought with them new challenges for antitrust authorities.
On the one hand, the application of competition law needs to properly take into account the fact that established operators are under constant threat from innovating operators and that some form of temporary market power may be necessary in order to achieve the efficiencies associated with innovation. On the other hand, it may be particularly important to ensure that operators with market power do not impede the ability of new technologies to emerge on the market in order to preserve competitors' incentives and opportunities to innovate.
In this context, it is essential that the Commission adapts its enforcement policy to reflect such a fast-evolving environment. Understanding the dynamics of these markets is indeed a complex task, but addressing the challenges that these markets pose is crucial for competition policy.
In addition, the need for quick enforcement in these fast-moving markets is more apparent than ever. Commitment decisions are particularly favoured by the Commission in order to reach a speedy resolution; yet as we see from the Google case, proceedings can still take several years. Given that the Commission has repeatedly recognised the need for quick enforcement so as to limit any negative impact on innovation, it seems all the more surprising that it only awards interim measures in very limited cases.
Moreover, these sectors need transparency and openness in order to ensure the possibility of new entrants. In this respect, standards play a crucial role as they ensure interoperability, which in turn encourages competition of the merits of technologies. Competition rules should therefore be used to ensure that the benefits of standards materialise. In the meantime, it is also imperative that the Commission strikes the correct balance between the interests of IP holders who should be fairly remunerated for the use of their intellectual property rights, and those of the implementers of standards, who should get access to the standardised technology without being 'held up' through abuses of market power.
The authors are grateful to Louise Macnab for her valuable contribution to the preparation of this article.
- Case T-79/12 Cisco Systems and Messagenet v Commission, judgment of 11 December 2013. ↑
- Joaquín Almunia 'Fighting for the Single Market', Brussels 11 February 2014. ↑
- Almunia speech during 'Premier cercle' – IP Summit 2013 (Paris), 9 December 2013 'No inherent conflict between IP protection and competition policy'. ↑
- Joaquín Almunia: Statement on Google Investigation, European Parliament hearing, 1 October 2013. ↑
- Alexander Italianer 'Competition Policy in the Digital Age', Innsbruck, 7 March 2014. ↑
- Case T-286/09 Intel v Commission, judgment of 12 June 2014. ↑
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Several government offices will be closed for the Thanksgiving holiday, and some government services will be affected as well.
The county will not pick up garbage on Thursday, Nov. 24. Instead Friday, Nov. 25, will be a double pick up day. County residents are asked to set their trash out earlier than usual this Friday.
A memorial ride for "Big Jim" McMurtry will take place Saturday, Nov. 26, starting and ending at McB's Bar and Grill.
Interested riders can preregister between now and Saturday, and sign-ins will take place between noon and 2 p.m. at McB's, 212 W. Main Street in Lebanon.
All vehicles are welcome.
Participation is free, although participants are asked to donate a toy for Christmas for local families.
Each year, the Generation Gap hosts a Christmas giveaway at the Cardinal Den. This year's giveaway will be at 6 p.m. Tuesday, Dec. 22.
Members of the Marion County Fiscal Court donated $1,625 toward the event during the court's Nov. 17 meeting.
Junior Adams, the president of the Generation Gap, said donations are welcome for children up to 12 years old.
Fort Knox is expecting 900 soldiers to return around the first or second week of December. These returning soldiers will be bringing home their dirty laundry and probably have no clean bath linens available for them to use for their first real shower or bath upon their return home.
Dustin S. Harris, 22, of 2310 Gene Hunt Road in Raywick was indicted for receiving stolen property more than $500 but less than $10,000.
According to the indictment, on or about Aug. 25, Harris received, retained or disposed of property (valued over $500 and under $10,000) knowing it had been stolen, or having reason to believe the property had been stolen, aided, abetted or counseled with another in said act.
His bond was set at 10 percent of $10,000.
In June, Crystal B. McNear was indicted on 37 counts of third-degree rape. On Nov. 15, she was found not guilty of all charges.
McNear, 28, of 6378 Old Lebanon Road in Campbellsville is a former employee of Marion Adjustment Center. As an employee of a corrections facility, it would be considered against the law for her to subject herself to sexual intercourse with an inmate at the prison, under Kentucky state law.
Two St. Catharine College students driving through Lebanon were recently blindsided by a deer.
"We were just driving and out of nowhere came a deer," Jacob Williams, of Indianapolis, Ind., a passenger in the vehicle, said via email Sunday night. "It was a sudden impact and the next thing I know there was a deer looking at me."
A few years ago, the Marion County Fiscal Court received a health insurance renewal proposal that was more than 40 percent higher than the previous year. To keep its costs from going up that much, the county adopted a new kind of health insurance.
With that in mind, a majority of the Marion County Fiscal Court voted to approve a renewal proposal from its current health insurance provider, Humana, rather than a less expensive plan from United Healthcare.
More than 150 people have been called as potential jurors to decide whether a Campbellsville woman killed her husband, Lebanon Police Officer David M. Ford.
Tonya Ford appeared for a final pretrial hearing on Monday before her trial begins next Monday in Taylor Circuit Court.
Ford appeared before Taylor Circuit Court Judge Dan Kelly for a total of 10 minutes with her attorney, Danny Butler of Greensburg.
Copyright © 2015
The Lebanon Enterprise is your source for local news, sports, events, and information in Marion County and Lebanon, KY, and the surrounding area.

subset: commoncrawl


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I'm redoing the basement and we got a good deal on the kitchen cabinets. We are now looking at what appliances to get and we were always thinking black. Does a Dark brown kitchen go with black appliances? What might be a good way about design this? Thanks
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text: Simply put, it's Pure Value. The RVCA Pure Value Hoodzip is simple and solid. Sports a zip up front, drawstring hood, and front side pockets. RVCA label printed at left chest and repeated large at back. Lightweight but solid in it's layer ability. Constructed of 80% cotton, 20% polyester. Seamless graphic tag at neck. Available in colorways as seen below. Model wears a medium.


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KNOXVILLE — A Clinton Highway spa that was allegedly offering sex acts for money was shut down Thursday as a nuisance.
Officers from the Knoxville Police Department closed the Green Spa, 5833 Clinton Highway, under an order signed by Criminal Court Judge Steve Sword.More on the ruling is available from our partners at the Knoxville News-Sentinel. comments powered by Disqus


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JAPAN! ...Now that I have your attention, watch this review.
Viking is a metalhead and, though the magic of online videos, he promotes and exposes cool, underrated, or just plain weird and obscure metal bands to a wider audience for the benefit of all mankind.
Discover the best in original web series.
© 2014 Blip Networks, Inc. All Rights Reserved.
Blip is part of Maker Studios


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The boroughs of Rumson and Fair Haven are residential communities zoned principally for single family dwellings. These adjacent communities are located in Northern Monmouth County, within forty miles of New York City and within a mile of the Atlantic Ocean.
Rumson-Fair Haven Regional High School is a National Blue Ribbon high school situated on a seventeen acre campus. It is accredited by the Middle States Association of Secondary Schools and Colleges (Fall, 2007) and the New Jersey Department of Education. In addition to the National Blue Ribbon, RFH has been ranked the 10th best high school by New Jersey Magazine and one of the top high schools in the United States by School Match. Consistently, over 96% of our senior class moves on to attend a 4 or 2-year college.
The schools mission statement is: The mission of the Rumson-Fair Haven Regional High School District is to empower students to realize their personal potential and fulfill their responsibilities as members of a moral democracy. The learning community will achieve this mission through ongoing, honest self-reflection and the practices of a commitment embedded in the RFH Philosophy Statement. The District recognizes the central importance of the support and involvement of the entire community and our schools vision is to Create the Ideal High School.
The curriculum provides a comprehensive program of semester and full-year courses for all students. Over 130 individual courses across eight departments are noted for: a primary emphasis on college preparation; 44 advanced placement and honors courses offered in English, social studies, science, mathematics, world languages, music and art; a solid academic program supplemented by course offerings in fine and practical arts, technology and physical education.
Success in the classroom is supported by services offered by specialized faculty members. A guidance staff of 5.6 counselors guides students and their parents in planning four years of high school study. Counselors stay involved through the four years and along the way guide the development of a plan for life after high school. A three-member Child Study Team is charged with responsibility for assisting the educational careers of students with learning difficulties. A Student Assistance Counselor intervenes with individual counseling sessions or with group programs when special problems are identified.
Program evaluation is a priority. Outside experts have assessed the science, math, world language, and social studies/history programs and the programs and operations of the Guidance Department. Long-range studies of the success in developing competent researchers and in facilitating independence of learners are in process.
The Rumson-Fair Haven Regional High School District is deeply committed to the professional growth and development of its staff.
RFH faculty is committed to modeling life-long learning. Professional development is viewed as an investment in the high schools ongoing evolution. Initiatives have included the classroom applications of brain-based research, instructional practices aligned with the development of higher-order critical thinking skills, and the design of effective formative and summative assessments. Each week, teachers collaborate with their instructional teams and analyze instructional practices and student performance data. In-district and out-of-district opportunities enable RFH educators to hone their craft. Several RFH faculty members are invited each year to present at various workshops at the state and national levels. In addition, RFH consults regularly with such institutions as Rutgers University, Seton Hall University, and Syracuse University. Currently, the RFH faculty is working with a private educational consulting firm on the design and implementation of assessment models and complementing resources that inform classroom instruction and sustain conversations on academic achievement.
RFH acknowledges the demands of the digital age. Recognizing the power of technology and the necessity of technological proficiency, RFH maintains wireless connectivity throughout the campus. This portability coupled with the availability of computers (both laptop carts and dedicated labs) and LCD projectors supports the high schools efforts. Staff members are assigned a laptop and required to use this device to support instruction, input and monitor student data, and maintain lines of communication with colleagues and parents. RFH has also invested in digital and on-line subscribed resources with remote access capabilities. RFH is equipped with multiple, classroom-based audio enhancement systems. A state-of-the art world language laboratory supports learning in communicative contexts.
The RFH experience extends far beyond the classroom walls. RFH boasts over 90% of the total student body participating in one or more of the thirty-four extra-curricular programs and twenty-five athletic teams. Students at the high school excel in these areas, attaining personal acclaim, earning local and regional recognition, and achieving state championships.
RFH students also make a difference in the community at large. With faculty leadership, RFH students create opportunities to give of themselves in multiple service contexts, student-initiated events and programs raising thousands of dollars for a multitude of causes that have included material support for troops in Afghanistan and Iraq, breast cancer awareness, Rhetts Syndrome research, juvenile diabetes, and pediatric cancer. RFH students recognize the impact that one can make on this global society.


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Wednesday, December 26, 2012
Merry Christmas my friends.
I hope your day was filled with a fantastic home cooked meal (preferably by your mother), muchos champagne and gift giving a plenty.
For those of you who joined me in a post feast slumber, congratulations. You did the right thing.
See you on the flip side
xo em
p.s I'm having choc coated peanuts and hot coffee for breakfast. tomorrow i'll enjoy the breakout that is sure to follow.
18 comments:
I snuck in an after breakfast nap. Though could have done with an after lunch nap as well. Mum did not cook (thank god, her cooking is... well, not great)Cooking was equally shared between my sisters and IReplyDelete
Hope your Boxing Day is just as good as your Christmas Day.
Oh breakfast nap, sounds ike a winner :)Delete
xo em
Merry, merry christmas!!!!! Xoxo HannaReplyDelete
same to you hannaDelete
xo em
Hehe, awesome.ReplyDelete
Merry Christmas, dear Em!
Ronnie xoReplies
Same to you beautiful Ronnie, Can't wait to see our little new babies born this year!Delete
xo em
Merry Christmas to you, Em!!ReplyDeleteReplies
and to you :)Delete
xo em
Merry Christmas Em, so glad you had a great day.ReplyDelete
We do over here.
Kristie xx
Merry Christmas, we are celebrating by eating too much chocolate and drinking too much champagne!ReplyDelete
Merry Christmas! Hope you had an awesome day. xoReplyDelete
Merry Christmas Em! Yes, loooots of lazing around here today! xxReplyDelete
Merry Christmas Em. Choc coated peanuts for breakfast is TOTALLY acceptable at this time of year... I had rocky road for dinner ;) xoxoReplyDelete
new follower! you have a lovely blog and I hope you had a wonderful Christmas! love the photo :)ReplyDelete
Merry Christmas, lady! Sending much joy, love and celebration your wayReplyDelete
Sar xxx
ps. I had chocolate for breakfast and lunch...and probably for dinner too. Oh, bless this season, & all its gloriously devilish food habits! ;)Replies
good woman! It's the only way to play it over the holiday season xxxDelete
Very Merry Christmas Em xxReplyDelete
wishing you all a very merry christmas too xxReplyDelete


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Blend 2 September preview is available for download
Good present for Ramadan, new refreshment of Blend 2 – September preview is up and ready for your downloads. New features:
- VS2008 beta 2 full support
- Creation of Controls from existing objects – reuse them all.
- Some enhancements with Split View – now you can see Design and Code both as well as you can do it in Visual Studio
- Storyboard picker – the old Storyboard panel has been thrown and replaced with brand new storyboard picker. Now you can duplicate, reverse or delete existing storyboard or easy modify its properties.
- Aside with new storyboard picker, now you have properties panel both for all sotryboard or single frame.
- New functionality – 3D Vertex animation
- Long awaited Breadcrumb bar
- Subsetting and embedding fonts within your application (EULA awarded)
- New build options – how you can create custom builds for better integration with Visual Studio
- New abilities of object manipulation – uniformly resize, scale, rotate multiple objects, resizing handlers at artboard. Easy object duplication by dragging with Ctrl-P pressed.
Great work! Full list of changes, screenshots and video demos are here. Download page is here.
Have a nice week… As for me, Jewish New Year begun with someone who burglarized my car and stole my wallet. Now I'm without ID, credit cards and all my international SIMs, but I'll be fine (I believe so…)
September 15th, 2007 · Comments (3)
3 Responses to "Blend 2 September preview is available for download"
chinese new year photo card Says:
January 1st, 2009 at 12:23 am
Having a connection to volumes of authorities relating to this is unparalleled.
David Pratt Says:
January 1st, 2009 at 12:23 am
Just waiting for the download.
David Pratt Says:
January 1st, 2009 at 12:23 am
Don't have an URL just an eMail
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Trendy Cocktails and Sky-High Sandwiches: The Central West End
RFT Photo
Sub Zero Vodka Bar
(308 N. Euclid Avenue; 314-367-1200)
It's a pretty safe bet that when you show up at a bar that prides itself on offering the the "largest selection of vodka in the world," you're going to have a good time. With a vast assortment of infused vodka, including four-pepper sun-dried tomato, Stoli with ginger and Stoli with cucumber, it's nearly impossible to not find your favorite flavor. Furthermore, Sub Zero offers both sushi and more variations on the burger than most diners could eat in a lifetime. You can build your own by mixing and matching different meats (Black Angus, American Kobe beef as well as turkey, vegetarian and other options) with cheeses, vegetables and other toppings. So line up those vodka shots and prepare yourself.
See also:
- Salute American Vodka "Battle of the Bartenders"
- Sub Zero's Eric Weis: Featured Bartender of the Week
Green Bean
(232 N. Euclid Avenue; 314-361-4444)
Though the Central West End is known for high prices and decadent meals, Green Bean focuses on quick, affordable and healthy options. Salads are the prime objective, each featuring a protein (beef, chicken, duck or tofu) and big enough to be a stand-alone meal. The "Seoul Train" salad has grilled beef with greens, scallions and radishes in a spicy red chile-sesame sauce, or try the "Pueblito" -- beef and romaine lettuce comprise the bulk of the salad, but the key is the combination of chile-dusted pineapple and a tangy tomatillo-lime dressing. Of course, you can create your own concoction by adding whatever veggies, crunches, cheeses...it's easy to get carried away. Bottom line, you'll walk away satisfied.
See also:
- Green Bean's "Pueblito" Salad: One of 100 St. Louis Dishes You Must Eat Right Now
Sponsor Content


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Rentals and Professional Property Managers and Management for Single Family Homes and Houses, Duplexes, Condominiums, Apartments, Retail, Commercial, Office, Retail, and Strip Centers
Entire Contents © 2000 HomePointe.com
All Rights Reserved. Unauthorized Use Prohibited.
This site is a product of Machado Software Design.
|HOMEPOINTE.com reserves the right to refuse to print any ad. Information contained herein is not guaranteed to be accurate. Any property listed herein is subject to prior rental or sale without notice. The publisher will not be held liable for any errors, misinformation or misinterpretation of advertising. All housing advertised in HOMEPOINTE.com is subject to the Federal Fair Housing Act limitation of discrimination based on race, color, religion, sex, disability, familial status or national origin, or an intention to make any such reference, limitation or discrimination. The publisher will not knowingly accept any advertising which is in violation of the law. ©


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It's simple: A successful duet comes down to magic, says Gary Overton, chairman and CEO of Sony Music Nashville. And this summer, some of country's biggest stars have cast their harmonizing spells on country radio.
No fewer than six duets have reigned on country airwaves over the past few months, and four of those — Brad Paisley with Alabama on "Old Alabama," Brad Paisley and Carrie Underwood's "Remind Me," Zac Brown Band and Jimmy Buffett's "Knee Deep," and the Kenny Chesney/Grace Potter song "You and Tequila" — easily made it into the Top 10 on country airplay charts. Rascal Flatts recently released "Easy," a duet with English pop singer Natasha Bedingfield. Jason Aldean's "Dirt Road Anthem" didn't begin as a duet, but after the Georgia singer performed the song on the CMT Music Awards with Ludacris, a remix featuring the rapper was released.
"These things go in cycles," Overton explains. "You think about Willie and Waylon or Willie and Merle Haggard or Conway and Loretta, George Jones and Tammy to Dolly and Kenny, there's been some great duets over the years, but for a while there haven't been as many. Now they seem to be in vogue."
Continue reading


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Spc. Rusty W. Bell, 21, of Pocahontas, Ark., died on Aug. 12, 2005, in Taji, Iraq, of non-combat related injuries. Bell was assigned to the Army's 603rd Aviation Support Battalion, Aviation Brigade, 3rd Infantry Division, Hunter Army Airfield, Georgia.
For further information related to this release, contact Army Public Affairs at (703) 692-2000.


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Group of young kids runs to help girl who blew whistle because she was afraid of potential kidnapper
COLORADO SPRINGS, Colo. - A group of young girls may have helped prevent a kidnapping in Colorado Springs Tuesday afternoon.
A 10-year-old girl told police she was walking with a 3-year-old child near Gracewood Drive and Basswood Drive when a man started walking behind them.
The girls became scared and blew a whistle and began screaming loudly, police said.
At that point, the man started to run at them, the 10-year-old girl said.
As many as 10 young girls heard the whistle and came running out of a nearby house, police said. When the man saw the girls running toward him, he turned around, ran to his van and drove off, witnesses told police.
The man is described as approximately 6 feet tall, with short, dark brown hair. One witness reported that the man might have a tattoo on the outside of his right calf. His vehicle is described as a white passenger van with a large single window in the back with dark tinted windows.
Anyone with information on the identity of the man or the van he was driving is encouraged to call CSPD at 719-444-7000.
Investigators said the 10-year-old girl did "a great job of identifying danger and taking action to alert others."
With the school year beginning, officials encourage families to talk to children about safety while playing or walking to and from school. One online resource that provides recommended ways to talk with children about stranger danger is the National Crime Prevention Council.
Mobile users can click here: http://bit.ly/17pTbtt


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Richey Relatives
Telegram from Richey Relatives to Rose and Marionne Richey
Not on view at this time; find out where you can see works from our collection at locations around the Bay Area while our building is closed for expansion
6 1/2 in. x 8 in. (16.51 cm x 20.32 cm)
Acquired 2001
Collection SFMOMA
Purchase through a gift of the Art Supporting Foundation, John "Launny" Steffens, Sandra Lloyd, Shawn and Brook Byers, Mr. and Mrs. George F. Jewett, Jr., and anonymous donors


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Junior Hunter Field Day Event to be Held October 1 in Garrett County
Swanton, Md. (August 5, 2011) — The Maryland Department of Natural Resources (DNR) is partnering with local conservation groups to present a fall Junior Hunter Field Day from 9 a.m. to 3 p.m. on October 1 at the Western MD 4-H Center in Bittinger, Md. This is an opportunity for young people interested in wildlife activities to enjoy the great outdoors and learn how manage and protect our natural resources.
"Under the guidance of wildlife professionals, this event will provide a safe, fun and hands-on opportunity for young people to learn about shooting sports, hunting and the important role hunters play in the conservation and stewardship of Maryland's wildlife," said Clarissa Harris, DNR's Regional Wildlife Response Manager and event coordinator.
Youth with an interest in hunting white-tailed deer, trapping, archery and shooting clay birds will have an opportunity to learn and interact with DNR personnel and local conservationists in a safe, mentored setting. Professionals from DNR will join representatives of sporting and conservation organizations to provide expertise in natural resources stewardship, wildlife biology, safety and ethical conduct in the field. All equipment will be provided. Certified instructors will oversee all shooting activities. A free lunch will be provided by Evergreen Electrical Company in Grantsville.
This event is open to participants ages 8-16 and pre-registration, limited to the first 100 applicants, is required. For more information or to sign-up, call 301-777-2136 or visit dnr.maryland.gov/wildlife/Education/youth/index.asp.
|August 5, 2011
Contact: Josh Davidsburg
The Maryland Department of Natural Resources is the state agency responsible for providing natural and living resource-related services to citizens and visitors. DNR manages nearly one-half million acres of public lands and 17,000 miles of waterways, along with Maryland's forests, fisheries and wildlife for maximum environmental, economic and quality of life benefits. A national leader in land conservation, DNR-managed parks and natural, historic and cultural resources attract 11 million visitors annually. DNR is the lead agency in Maryland's effort to restore the Chesapeake Bay, the state's number one environmental priority. Learn more at www.dnr.maryland.gov


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Click Here to Find a Grout Restoration Contractor
Grout Restoration
Some jobs call for merely a good cleaning. This may seem commonplace, but it's important to know the proper cleansers and methods that will get your grout shining without damaging it. A contractor will be able to pick the right method and product, and will use tools that will save you hours of scrubbing and get the job done right. In other cases, the damage to your grout can be so severe that it may need replaced. A contractor will be able to remove the old grout without causing harm to the tile and replace it to achieve floors or showers that look like new.
If you have mold on your tile or grout, it is important to have a professional look at and remove it. Mold can be suspended into the air, and can be very hazardous to the health of you or your family. Mold removal can be very simple, however it's very important to determine what kinds of cleaning materials are best suited for your type of tile and grout. Certain chemicals can harm tile, so be careful to educate yourself or ask a professional.
After your grout has been properly repaired or replaced, it is very important to take steps to ensure that the quality of this job will be maintained. There are a variety of ways to do this. To start, it is a good idea to have your grout sealed. This will not only protect your grout from abrasive materials and staining, but it will also allow you to change the color of your grout for cosmetic appeal.
Beyond that, there are a few incredibly simple tips you can follow to preserve the life of your tile and grout. For example, putting a rug by your door and high-traffic areas will keep abrasive dirt and sand from wearing your grout. It will also prevent water from soaking into the grout and causing water damage. This is especially important for those who live in areas where snowfall not only means more water tracked in, but harsh melting salts as well.
Tile floors are a great asset to any home or office, so it's important to take care of them. Look into having your grout restored today and see the difference.
Click Here to Find a Cleaning Grout ContractorFor more information you can e-mail me at: firstname.lastname@example.com
Click Here to tell a friend about www.GroutRestoration.com
www.GroutRestoration.com Copyright 2003 © All Rights Reserved.


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Now that the DCA expansion "Phase 1" has been completed, should Disney redevelop this area and the rest of the former parking lot behind Cars Land and Tower of Terror?
Yes, it's time to build something better
Let's wait and get a few more years out of it
No, keep it. It would be a waste of money to take it out now.
No, I love it. I'd be disappointed to see it go.
No, I think it needs to be expanded!
Move it to one of the Disney hotels.
Now that the DCA expansion "Phase 1" has been completed, should Disney redevelop this area and the rest of the former parking lot behind Cars Land and Tower of Terror?
At this point I think I would rather have them focus on plussing Hollywoodland instead of adding a whole new land. It feels distinctly like they ran out of time/budget before they could really do a lot with Hollywood Pictures Backlot and it's the most DCA 1.0 feeling section of the park.
In a few years, though, it would certainly be a possibility. Personally, I like the theming of a bug's land quite a bit, and it's one of my favorite places to take pictures, but it also features some of the weakest attractions in the park. It makes sense to cut it, but it'd still make me a bit sad to see it go.
As you walk down Hollywood Blvd., everything on your left can go, too. Bulldoze it, remodel it, or something in between. But it's almost blocked off like an annex. But so is 'a bug's land' - I manage to visit DCA without ever stumbling through, it's a bit out of the way.
i appreciate it for what it is: a little area dedicated to kiddie rides, in a place where there are a lot height restrictions on a lot of rides. i don't feel the need to go on anything unless i am with small kids, however.
I realize some people like it for what it is, that's why I vote to move it to PP Hotel or DL Hotel.
I vote to remove it entirely to be made into something better.
It's just a handful of carnival rides and some trees, it could be moved quite easily.
Over at Disneyland park, I believe they relocated and repositioned Dumbo, Alice and the Carousel for the new Fantasyland in the 80's.
Free entry to hotel guests and those with valid DL or DCA admission. A weenie to attract you to the restaurants and eventually to book a stay at the hotels.
Only because it's bought and paid for, otherwise they could ship it to DHS or Shanghai.
I say keep it. I actually think it adds to the park. It's always full of families and is theme well too. I enjoy the area even though I don't go on the attractions. It's a good transition space and honestly I couldn't see a better use for that space it isn't that big. Trying to demolish that and incorporate the space behind ToT would make a odd shaped land IMO. You could reshape A bugs land to transition to the area behind ToT though.
One thing about the area behind ToT i have read/heard before Disney owns the whole bottom right corner of that square. meaning the two hotels and 7-11 area etc. If they did that could be a huge future expansion.
I don't think they own that land, or else the power lines would have extended back further.
Every so often this thread comes up, and every so often people need to remember the entire demographic at the park.
Would I personally cry if the land was taken out or banished to some other part of the resort, no, although I would miss the fairly entertaining "tough to be a bug" show.
That being said on most summer days that area is PACKED with small children and their families, even during our trip in december it was tough to get through the area when the parks were in full swing. Yes the rides may not appeal so much to us grown up disney visitors, but the area is extremely popular with young families.
I saw this in 2009 and thought the theming was just gorgeous. It was a hot day and Dot's fountains felt fabulous; the four-year-old in me (not with me, but my inner four-year-old) was ecstatic over rides I was tall enough to ride, and my senior inner ears enjoyed it as well.
But the idea of moving it to the hotels appeals as well, especially if they could incorporate a miniature golf course like in the olden days...
It's a great themed area, but it really is not the standard we've come to know and love with Disney. I'd rather they be able to build a great ride like Pirates, something timeless, then keep it. Obviously keep it if the replacement isn't worth it, but if something better comes along, TEAR IT DOWN!


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Joseph Palermo: Obama took so many daring chances during the 2008 presidential campaign but when it comes to governing it seems he has become risk averse. The Democrats' slogan for 2010 should be: "If Ben Nelson Doesn't Like It — We Won't Do It!"
Is Wartime a Time to End Don't Ask, Don't Tell?
Mary L. Dudziak: The no-change-during-wartime argument is an example of conventional thinking about war and American society. "Wartime" is imagined to be a temporary condition. It is a special kind of time. Wartime, by definition, is preceded and followed by "peacetime." American history is thought to consist of the movement from peacetime to wartime and back again. In this conceptualization, wartimes always comes to an end.


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Grand Opening Event
Information Seminar
Diamond Charter Membership
Harbour Village
Retirement Living at its Finest!
You'll find Harbour Village sitting on seven and a half acres in the beautiful historic community of Greendale, Wisconsin. We are a Continuum of Care community, offering Greendale Assisted Living, Independent Living, and Memory Care options. Our Residents enjoy beautiful surroundings, on-site amenities and social programs that are suited to their lifestyles.
It doesn't get better than this
A wide array of services and amenities are available to suit each resident's wants and needs in an atmosphere dedicated to the closeness of family and friends. Our community is close to Interstate 894, full-service hospitals and two in-patient rehabilitation centers. Downtown Milwaukee is just 15 minutes away! Residents enjoy the many shared spaces in the community, such as the library, patios, exercise room, computer lab, dining rooms, and greenhouse.
Kick off your shoes and stay awhile
Harbour Village is the perfect choice for residents and families who are looking for a Continuum of Care community, in which residents can access Greendale Independent Living, Assisted Living, and Memory Care. A Continuum of Care setting offers residents and families the peace of mind of knowing that if one's needs change —even temporarily— there is an appropriate level of care available, and the transition will be a smooth one.
Care that's always there
Our Greendale Assisted Living and Memory Care residents and residents' families receive valuable peace of mind knowing that their loved one's care is managed by a full time, on-site Registered Nurse in each level of care. Every resident enjoys amenities such as an emergency response system in each apartment, an on-site beauty salon and barbershop, housekeeping, laundry services, and snacks and beverages available throughout the day. When residents need assistance with daily activities, we provide the care services in the comfort and privacy of their apartment. Genesis Therapy is on-site to offer therapy services and Comfort Keepers home care is on sight to provide non-medical additional care as needed.
Prior to moving in we speak with you and your physician to find just the right level of assistance that will allow you to enjoy your independence to the fullest. Together, we will compose an Individual Service Plan (ISP) to guide us in assisting you. Our mission is to provide a lifestyle that fosters independence, actively engages the mind, invigorates the body and nurtures the spirit while offering you and your loved ones the peace of mind you deserve.
Worry-free lifestyle with just a simple lease
While some communities insist on new residents plopping down huge, non-refundable payments up-front, we like to do things a little differently. We care about not only the physical and emotional well being of our residents, but their financial health as well. That's why we offer our residents all the perks of country club living without the expensive buy-in—just a simple lease. Our community consists of many beautiful, spacious apartments suited to different lifestyles and care levels, with varying floor plans and amenities described in greater detail in the services section.
Explore nearby cities like Franklin.
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Dining at Harbour Village
Live Well, Dine Well
Allow our professionally trained service staff to present you with delicious dishes made from locally sourced ingredients for breakfast, lunch and dinner. At Senior Lifestyle, dining is an integral part of the resident experience, and we do everything we can to delight you with a personalized dining experience.
Dining Directors and Executive Chefs meet with residents to discuss and incorporate enhancements to the menu, special requests, diet restrictions and favorite recipes or foods. Residents can select healthy, locally sourced options based on the nutritional information, or they can simply opt to choose their favorites. And we always encourage residents and relatives to make special arrangements when expecting a family visit!
Services at Harbour Village
Our Service Culture Makes the Difference
It's the service culture at every Senior Living community that sets us apart. Our experienced, highly trained staff find everyday fulfillment as they help residents live life to the fullest. Below you will find the services and amenities available that are specific to this location, organized by lifestyle option.
Independent Living
- Contintental Breakfast
- Restaurant-style service for Dinner
- Cuisine prepared with seasonal, locally sourced ingredients
- Weekly Housekeeping
- On-Site Maintenance Personnel
- Utilities
- 24-Hour Emergency Call Response
- Daily Up and About Check
- Transportation
Assisted Living
- Restaurant-style service for Breakfast, Lunch and Dinner
- Cuisine prepared with seasonal, locally sourced ingredients
- Weekly Housekeeping
- On-Site Maintenance Personnel
- Personal Laundry
- Availability of Professional Service Staff 24-hours per day
- Utilities
- Care Innovations – QuietCare
- Personalized Care Plans
- 24-Hour Emergency Call Response
- Daily Up and About Check
- Nutritious Snacks available throughout the day
- Transportation
Memory Care
- Restaurant-style service for Breakfast, Lunch and Dinner
- Cuisine prepared with seasonal, locally sourced ingredients
- Daily Housekeeping
- Weekly Housekeeping
- On-Site Maintenance Personnel
- Personal Laundry
- Availability of Professional Service Staff 24-hours per day
- Utilities
- Care Innovations – QuietCare
- Personalized Care Plans
- 24-Hour Emergency Call Response
- Daily Up and About Check
- Nutritious Snacks available throughout the day
- Transportation
- Secured exterior courtyards with walking paths and professionally manicured landscapes and gardens
General Amenities
- Beauty and Barber Shop
- Emergency Call System
- Storage
- Rehabilitation Gym
- Bistro
- Business Center (Computers, Copy Machine, Fax, Etc.)
- Main Dining Room
- Private Dining Room
- Fitness Center
- Cards Room
- Billiards Room
- Walking Path
- Outdoor Garden Area
- Greenhouse
- Guest Room(s)
- Library
- Lounges
- Mail Room
- Reserved Resident Parking
- Indoor Parking Garage
- Guest Parking
- Courtyard
- Spa
- Smoke-Free Environment
- Pet Friendly
- Individually Controlled Heat and Air
Points of Interest
Senior Lifestyle communities are located near many cultural, culinary and spiritual points of interest. We encourage residents to explore their local communities however they like. We arrange for scheduled trips to local markets, theaters and more, but we also love it when residents create their own trips!
Points of interest near this Senior Lifestyle community include:
- St. Alphonsus Catholic Church
- Our Shepard Lutheran Church
- St. Luke's Medical Center
- St. Francis Hospital
- Bus Line
- Greendale Senior Center
- Greenfield Senior Center
- Southridge Mall
- Walmart
Floor plans at Harbour Village
All Residence Types
Independent Living
Assisted Living
Memory Care
Programs at Harbour Village
Stop Dreaming—Start Doing!
Senior Living communities thrive because many of our residents are curious, interesting individuals who love to collaborate with their neighbors and our staff. They consistently make brilliant suggestions for interesting new programs and clubs, which we are more than happy to make a reality. We empower every resident to continue to grow, connect, move, and create at their own pace.
Monthly Program CalendarView our Calendar Download our Calendar
Executive bio for Harbour Village
Meet Our Executive Director
Michele Carlson
Michele has more than 15 years of professional experience in senior living. Speaking about why she loves her job as Executive Director at Harbour Village, she says, "Being able to create a welcoming, energetic, compassionate, intellectually stimulating, safe and fun environment for both my residents and my employees. Knowing that my team and I have made the transition to senior housing a smooth one for our residents and their families is a great feeling. Furthermore, creating a caring environment for my employees so that they enjoy coming to work everyday is equally rewarding. I truly enjoy what I do everyday, and not many people can say that. Everyday when I come to work I'm greeted with smiles and warm good mornings from both my residents and staff—is there really any better way to start your work day?"
And there are plenty of reasons why you or your loved one should consider calling Harbour Village home.
"If someone is looking to be part of a community that is active, has great food, is reasonably priced, has countless amenities, provides excellent care and customer service, has many care options, great residents and staff, and is centrally located to many community attractions then Harbour Village is the place for them!"
Michele holds a Bachelor of Arts degree in Sociology and Bachelor of Science degree in Criminal Justice. She enjoys taking walks, reading, swimming, playing volleyball, and most of all spending time with her family.
Michele is excited for you to experience Harbour Village for yourself!
Awards for Harbour Village
And the Award Goes to…
Since Senior Lifestyle was founded in 1985, our skilled and compassionate team has been helping Senior Living residents learn, grow, and connect in ways they never expected. The best part is that we learn from our residents even more than they learn from us, which might explain why our programs and services continue to evolve and improve every year. As a result of our high level of service, we've received official recognition over the years. While we are proud of these awards, our passion for what we do continues to drive us to improve every single day.
Testimonials for Harbour Village
We can talk all day about how great our communities are, but we think you should hear from people who have experienced first-hand how we offer an unmatched quality of life at every senior living community.
"The meals are a five, I know that because I had one there. That was very good. My mom hasn't joined a lot of the activities. She talks to a lot of pleople but she hasn't gotten into the activities yet. I know she will eventually but she's more relaxed right now. She's very happy there. They have bingo, wii games, sing-a-longs, buses for church and the grocery and wallgreens. There are a lot of things. When we went to tour the place everybody was great. The place was really clean and it was easy to talk to people, even the residents. It seems like the people really care." – Michael and Bonnie
Special Offer
Save $1,000 on Moving Expenses!*
Senior Lifestyle is here to lessen the load. That's why we're offering $1,000 off your moving expenses for move-ins prior to 12/31. We take pride in making everyday a happy day. This even includes moving day.
Request more info to receive a coupon for $1,000 off your Moving Expenses. Print out the $1,000 off coupon and bring it with you when you visit the community!
*Participating communities only. Limited-time offer applicable to new residents only and must be presented at the time of deposit.request info


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Definitions for =$word?>
Overview of noun subjugation
The noun subjugation has 3 senses? (first 1 from tagged texts)
1. (1) subjugation, subjection
(forced submission to control by others)
2. oppression, subjugation
(the act of subjugating by cruelty; "the tyrant's oppression of the people")
3. conquest, conquering, subjection, subjugation
(the act of conquering)


text:
7 Steps to Reduce Stroke Risk
By: Bill Gottlieb
- Overview
- Swallow Nature's Blood Thinner
- Swig Less Soda
- Count to 3
- Hold Your Breath
- Beat Homocysteine
- Pick Up an Iron Supplement
- Never Miss Another Flu Shot
More Health Lists
Pick Up an Iron Supplement
Aerobic exercise is antistroke medicine. Can't run or cycle to save your life? Then lift. "Regular resistance training decreases blood pressure, elevates HDL cholesterol, lowers LDL cholesterol, and decreases the stickiness of the blood," says Jerry Judd Pryde, M.D., a physiatrist at Cedars-Sinai Hospital in Los Angeles.
If you don't already weight-train, try the American Heart Association program: Lift weights two or three times a week, targeting the major muscle groups. For each of the following, choose a weight you can lift eight to 12 times at most, and do one set to fatigue: bench press, shoulder press, lying triceps extension, biceps curl, seated row, lat pulldown, crunch, squat, Romanian deadlift, and calf raise.
Sign up for our FREE Daily Dose newsletter for the best fitness, health, sex, and nutrition tips delivered to your inbox daily.


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Starting & Managing
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You are Here
Re: Nonprofit Management / Business Analysis, DC Metro Area
by ZBSolutions, Window Shopper
- Created: February 12, 2010, 2:36 pm
I have held various positions while working with Nonprofits for over 15 years. I started out working with Developmentally Disabled Adults and eventually began working with juveniles who were wards of the court system. I am currently a Group Home Administrator and have been for nearly 4 years.
I am going to need your expertise in Volunteer Management and Recruitment as I am currenttly setting up my own Nonprofit.
Thank You
Zenovia R. Washington
‹ I've got some questions...anyone have the answers? if one wanna Start a Business Fresh in US, a Company...Can a Non-US citizen Start a business in US? ›
kristynoble | Window Shopper | 2/12/2010 - 7:15 pm
Hi Zenovia, I'd be glad to help. Just let me know when you have questions and I'll do my best to provide insight. Kristy
ChristineL | Former Moderator | 2/12/2010 - 3:26 pm
I'm moving your post to the Starting A Business discussion board to give it more visibility amongst other community members. Do you have any specific questions? If you do, please post them on our community discussion boards. Feel free to check out our non-profit guide for more grants and tax information.
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Rocky Mountain Research Station Publications
RMRS Online Publication - Journal
Articles, External Publications, and Special Reports
The ghost of outcrossing past in downy brome, an inbreeding annual grass
Meyer, Susan E.; Ghimire, Sudeep; Decker, Samuel; Merrill, Keith R.; Coleman, Craig E. 2013. The ghost of outcrossing past in downy brome, an inbreeding annual grass. Journal of Heredity. 104(4): 476-490.
doi: 10.1093/jhered/est019
We investigated the frequency of outcrossing in downy brome (Bromus tectorum L.), a cleistogamous weedy annual grass, in both common garden and wild populations, using microsatellite and single nucleotide polymorphic (SNP) markers. In the common garden study, 25 lines with strongly contrasting genotypes were planted in close proximity. We fingerprinted 10 seed progeny from 8 individuals of each line and detected 15 first-generation heterozygotes for a t-value (corrected for cryptic crosses) of 0.0082. Different genotypes were significantly overrepresented as maternal versus paternal parents of heterozygotes, suggesting gender-function-dependent genetic control of outcrossing rates. In 4 wild populations (>300 individuals each), expected heterozygosity ranged from 0.149 to 0.336, whereas t-values ranged from 0.0027 to 0.0133, indicating high levels of both genetic diversity and inbreeding. Up to a third of the individuals in each population belonged to groups with identical or nearly identical SNP genotypes, whereas many of the remaining individuals were members of loose clusters of apparently related plants that probably represent descendants from past outcrossing events. Strict inbreeding in some lineages within a population with occasional outcrossing in others may be related to positive selection on adaptive syndromes associated with specific inbreeding lineages, or possibly to among-lineage differences in genetic regulation of outcrossing.
Keywords: Bromus tectorum, cheatgrass, cleistogamy, selfing breeding system, single nucleotide polymorphic marker
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Download Article
PDF File Size: 1 MB
Title: RMRS Other
Publications: The ghost of outcrossing past in downy brome, an
inbreeding annual grass
Electronic Publish Date: July 9, 2013
Last Update: July 9, 2013
RMRS Publications | Order a publication | Contact Us


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This video is intended to help the parents and guardians who use Check-In at Forum Christian Church in Columbia, MO. We operate using Fellowship One Check-In. By watching this video, parents and guardians will be set up to operate Check-In for events at Forum Christian Church.
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