dissertation范文:美国法律专业毕业论文 [14]
论文作者:meisishow论文属性:硕士毕业论文 dissertation登出时间:2014-09-04编辑:meisishow点击率:24126
论文字数:7897论文编号:org201409021153139028语种:英语 English地区:美国价格:免费论文
关键词:立法权美国澳大利亚American PrecidentAustralian Legislation
摘要:本文的目的是分析美国反垄断原则将在多大程度上影响澳大利亚反垄断的应用程序(或竞争法),比如像高尔夫的规则。今天,高尔夫球的两个监管机构,美国高尔夫球协会(件)和圣安德鲁斯皇家古代高尔夫俱乐部(不会)建立高尔夫设备的技术规格。
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Golf has always been surrounded by innovation. From the first early days of golf in the 15th century where balls were made of wood, to the 17th century feathery to the gutta percha of 1850, to the later balls of rubber, and the modern three/four piece ball with a urethane cover, development and progress has continued abated only by regulatory restrictions. Today, the understanding and knowledge of physics combined with the technical advances in production, we see the same development occurring with clubs. The original hickory shafts spliced with the heads made from the beech tree have long been overtaken by persimmon and laminated woods (this largely in response to the harder balls that were being made), with this now supplanted by the metal woods of today accompanied by shafts of graphite, lightweight steel boron or titanium. As each of these developments occurred, the R&A and the USGA (alongside their national affiliates) were required to make a critical judgement - has the game been so altered that it is no longer the same - are its traditions being trashed on the alter of modernism? What gives golf its enduring quality is those traditions, yet it retains the capacity to still tease each one of us with the belief that the marriage between competence and desire will somehow be consummated. In that respect, “golf is a lot like life.” The imprecision of the result, the vagaries of the bounce, the internal conflict that each golfer can only uniquely feel must be respected - and this can only be respected if the authorities are permitted to rule in what they objectively perceive to be the best interests of the game. Nevertheless, it must also be acknowledged that the reflective struggle that comes with the loneliest game is also enriched by innovation and the promise that tomorrow can bring. Deference must be balanced with consumer welfare. Every rule restricting innovations within sporting equipment must be closely examined and cautionary consideration given to whether there has been a breach of the legislation. After all, the introduction of the long putter, the rubber golf ball, the metal wood have all been challenged as an attack on the underlying traditions of the game - yet, with the science of hindsight this has not been proven to be the case. With golf handicaps largely unchanging improvements in technology do not appear to be bringing immeasurable benefits to the average golfer. Despite this fact, golf regulators (and other sporting administrators) appear to be favoured by traditional competition law analysis. It is suggested that s45 of the Trade Practices Act 1974 does not apply to Golf Australia, nor would s46 likely to be breached. The regulator has a legitimate business justification for what it is seeking to achieve, and absent any motive of malice (not that this is required by the legislation), the administrators appear reasonably immune. Furthermore, the safeguards provided through the procedural protection given to the manufacturers, the setting of performance benchmarks rather than prescriptive specifications, and the deference to the views of the games regulators all support this conclusion.
“Golf is the least precise game in the world. More often than not, golfers are at a loss to explain exactly why they start playing well or playing poorly. And, almost without fail, it is a lot easier to lose your rhythm and your confidence than it is to find them. When yo本论文由英语论文网提供整理,提供论文代写,英语论文代写,代写论文,代写英语论文,代写留学生论文,代写英文论文,留学生论文代写相关核心关键词搜索。