This article contributes to the analysis of refusal to license cases as abuse of a dominant position pursuant Article 82 EC from an economic perspective. In the Microsoft case, the European Commission introduced an "Incentives Balance Test" to assess whether the refusal to give access to interface information can be justified by arguing that this information is protected by Intellectual Property Rights (IPRs): The Commission argued that if the overall innovative effects evoked by a compulsory license are significantly higher than (...) without this access, the IPR owner is obliged to license. This should be assessed through balancing the different incentives to innovate between the dominant firm and its competitors. In the paper we pursue two objectives: Firstly, we analyze to what extent the decision of the Court of First Instance, which confirmed the decision of the Commission, helps to clarify the criteria in refusal to license cases; in fact, it is disappointing in this regard. Secondly, we demonstrate that the basic idea of the Incentives Balance Test can be interpreted as a test whether the specific IPRs of the dominant firm can be defended from the perspective of the economics of IPRs. This implies that Article 82 allows competition law to correct economically not optimal IPRs through a specific economic analysis. This is followed by a broad overview on theoretical and empirical insights from economics of IPRs, innovation economics and competition and network economics that can help to develop a more general and sophisticated Innovation Effects Test that can be applied in Article 82 refusal to license cases. (shrink)

The fast recovery of Germany's economy after World War II—the so‐called “German miracle”—can be explained by the market‐oriented economic policies pursued in the 1950s, based upon the ideas of Ordoliberalism. The slounng growth rates and increasing economic difficulties since the 1970s seem to have resulted from the extension of interventionist and redistributionist policies beyond those sanctioned by Ordoliberalism. The roots of the German economic decline are political: already in the 1950s, a broad consensus existed about the need to integrate market‐oriented (...) economic policy with a highly redistributory welfare state in a “social market economy.”. (shrink)

This book has grown out of eight years of close collaboration among its authors. From the very beginning we decided that its content should come out as the result of a truly common effort. That is, we did not "distribute" parts of the text planned to each one of us. On the contrary, we made a point that each single paragraph be the product of a common reflection. Genuine team-work is not as usual in philosophy as it is in other (...) academic disciplines. We think, however, that this is more due to the idiosyncrasy of philosophers than to the nature of their subject. Close collaboration with positive results is as rewarding as anything can be, but it may also prove to be quite difficult to implement. In our case, part of the difficulties came from purely geographic separation. This caused unsuspected delays in coordinating the work. But more than this, as time passed, the accumulation of particular results and ideas outran our ability to fit them into an organic unity. Different styles of exposition, different ways of formalization, different levels of complexity were simultaneously present in a voluminous manuscript that had become completely unmanageable. In particular, a portion of the text had been conceived in the language of category theory and employed ideas of a rather abstract nature, while another part was expounded in the more conventional set-theoretic style, stressing intui tivity and concreteness. (shrink)

This ground-breaking book brings together researchers from a wide range of disciplines to discuss the control and coordination of processes involved in perceptually guided actions. The research area of motor control has become an increasingly multidisciplinary undertaking. Understanding the acquisition and performance of voluntary movements in biological and artificial systems requires the integration of knowledge from a variety of disciplines from neurophysiology to biomechanics.

Concentrating on Weber's engagement with political issues and their influence over his more theoretical concepts, Mommsen offers a critical analysis of Weber's notion of democracy, distinguishing its liberal and elitist features.

This book is a critical examination of Michel Foucault's relation to ancient Greek thought, in particular his famous analysis of Greek history of sexuality. Wolfgang Detel offers a new understanding of Foucault's theories of power and knowledge based on modern analytical theories of science and concepts of power. He offers a fresh and complex reading of the texts which Foucault discusses, covering topics such as Aristotle's ethics and theory of sex, Hippocratic diatetics, the earliest treatises on economics, and Plato's (...) theory of love. The result is a philosophically rich and probing critique of Foucault's later writings, and a persuasive account of the relation between ethics, power and knowledge in classical antiquity. His book will have a wide appeal to readers interested in Foucault and in Greek thought and culture. (shrink)

A difference-making account of causality is proposed that is based on a counterfactual definition, but differs from traditional counterfactual approaches to causation in a number of crucial respects: it introduces a notion of causal irrelevance; it evaluates the truth-value of counterfactual statements in terms of difference-making; it renders causal statements background-dependent. On the basis of the fundamental notions 'causal relevance' and 'causal irrelevance', further causal concepts are defined including causal factors, alternative causes, and importantly inus-conditions. Problems and advantages of the (...) proposed account are discussed. Finally, it is shown how the account can shed new light on three classic problems in epistemology, the problem of induction, the logic of analogy, and the framing of eliminative induction. (shrink)

Diese Arbeit stellt Freges Denken in seiner Entwicklung von den Anfängen bis zum Auftreten des Widerspruch dar. Ausführlich behandelt sind die Begriffsschrift, die Erläuterungsschriften dazu, die Grundlagen der Arithmetik sowie die Texte im Übergang zu den Grundgesetzen der Arithmetik, ein- schließlich der klassischen Aufsätze Funktion und Begriff, Über Sinn und Bedeutung und Über Begriff und Gegenstand. Die Texte werden nach Chronologie und Stellung zueinander präzise aufgeschlüsselt; auch die zeitgenössischen Rezensionen und Freges wissenschaftliches Umfeld werden berücksichtigt. Freges Werk wird dadurch in (...) seiner beeindruckenden Zielstrebigkeit, Geschlossenheit und Tiefe sichtbar. Sein Zentrum ist die radikale Neufassung der Logik, ausgehend von der Grundunterscheidung von Begriff und Gegenstand, die zunächst eher unauffällig über die Zerfällung des Urteils in Funktion und Argument eingeführt und mit f(a) notiert wird. Zusammen mit der Einführung einer (Quantoren-)Notation, um die Allgemeinheit der Einsetzungen auf beiden Positionen einzuschränken, übertrifft Freges Logik die traditionelle, alle zeitgenössischen und etliche spätere an Präzision und Ausdruckskraft. Eben die grundsätzliche Trennung von Begriff und Gegenstand erweist sich aber für sein wissenschaftliches Hauptanliegen, die Ableitung der Arithmetik aus der Logik, als schwerwiegendes, letztlich nicht zu überwindendes Hindernis. Es gelingt ihm nicht, die Zahlen als „logische Gegenstände“ überzeugend einzuführen, und so zeigt er wider Willen die wesentliche Verschiedenheit von Logik und Arithmetik auf. (shrink)

Leibniz's development of a "calculus universalis" stands and falls with his theory of negation. During the entire period of the elaboration of the algebra of concepts, L1, Leibniz had to struggle hard to grasp the difference between propositional and conceptual negation. Within the framework of syllogistic, this difference seems to disappear because 'Omne A non B' may be taken to be equivalent to ‘Omne A est non-B’. Within the "universal calculus", however, the informal quantifier expression 'omne' is to be dropped. (...) Accordingly, ‘A non est B' expresses only the propositional negation of ‘A est B' and is hence logically weaker than ‘A est non-B'. Besides Leibniz's cardinal error of confusing propositional and conceptual negation the following issues are dealt with in this paper: -"Aristotelian" vs. "Scholastic" Syllogistic; – Metalinguistic theory of the truth-predicate; -Individual-concepts vs. concepts in general. (shrink)

In many of his logical writings, G. W. Leibniz makes use of two kinds of symbols : while A, B, C, . . . stand for certain determinate or definite concepts, X, Y, Z, . . . are referred to as "indefinite concepts". We investigate the various rôles played by these variables and show i) that their most important function consists in serving as quantifiers ; ii) that Leibniz's elliptic representation of the quantifiers by means of two sorts of „indefinite (...) concepts” leads to certain difficulties; iii) that despite these problems Leibniz anticipated the most fundamental logical principles for the quantifiers and may thus be viewed as a forerunner of modern predicate logic. (shrink)

Comparing action-at-a-distance electrodynamics in the tradition of Coulomb and Ampère with electromagnetic field theory of Faraday and Maxwell provides an example for a relation between theories, that are on a par in many respects. They have a broadly overlapping domain of applicability, and both were widely successful in explanation and prediction. The relation can be understood as an inhomogeneous reduction without a clear distinction between reducing and reduced theory. It is argued in general, when a clear hierarchy between competing theories (...) cannot be determined, the plurality of standpoints should be preserved and the bridge laws carefully developed. (shrink)

This paper is on dangerous human experimentations with drugs against trypanosimiasis carried out in the former German colonies of German East Africa and Togo. Victory over trypanosomiasis could not be achieved in Berlin because animals were thought to be unsuitable for therapeutic laboratory research in the field of trypanosomiasis. The colonies themselves were necessarily chosen as laboratories and the patients with sleeping sickness became the objects of therapeutical and pharmacological research. The paper first outlines Robert Koch's trypanosomiasis research in the (...) large sleeping sickness laboratory of German East Africa and then focuses on the escalating human experiments on trypanosomiasis in the German Musterkolonie Togo, which must be interpreted as a reaction to the starting signal given by Robert Koch in East Africa. (shrink)