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CYPRUS is looking to Europe, Russia and China seeking for the best terms for a €4 billion bailout package.
Deputy Europe Minister Andreas Mavroyiannis said that Cyprus needs €1.8 billion to recapitalise the Popular Bank within the next few weeks and that other banks may also need money. The Island could seek up to €4 billion in financial aid if it turned to the European Union for help.
During a visit to Ireland he said that no decision had been taken about how to bail out the Island's banking system. But he said Cyprus could get help from Russia, China or both, and that their aid could even be mixed with European funds.
"Everything is on the table," he said. "It can be a combination (of bilateral and European money). Whatever it is it will have a part of European – money or conditionality. I don't know if it will be Russia or China," he said.
Cyprus has been shut out of capital markets for more than a year, with many of its banks overexposed to the Greek debt crisis. It must find the equivalent of 10% of its gross domestic product by the end of this month to recapitalise Cyprus Popular Bank if no private investor is secured.
Mr Mavroyiannis said that borrowing money from the European Union (EU) carried baggage with it that bilateral loans did not.
"The problem with going through the (European bail-out) mechanism is that it received a very negative connotation because of what happened in Greece," he said.
"Politically, when you say you are going into a mechanism people consider that there is something that is very negative. Politically, the government tries to avoid having to bear this negative effect."
Nonetheless he said that Cyprus would stick to its EU obligations. "The money can come from outside, but you need to operate within the framework of the union," he said.
Mr Mavroyiannis said that were Cyprus to tap the EU bail-out fund, it might ask, as a safety buffer, for more than the €1.8 billion it needs. "We are talking about €3 billion or €4 billion."
Readers' comments
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My Cold War experience tells me 'be careful, be very careful who you get into bed with'. Put whatever connotation you wish on that but the truth is accepting financial bailouts from either China or Russia, will have political repercussions for Cyprus.
Given what we have now, perhaps that's not as bad as first thought.
Lots of people are in agreement re: the incompetence of the leadership in Cyprus, the government's "turning its back on our fellow European partners as they do not wish to open up their books for EU scrutiny†argument.
But I think that many people are missing the point.
Let's assume, for one brief moment, that Christofias is NOT an idiot (big assumption, I know, but bear with me).
Let's have a look at what's happened to countries who've taken the EU ducat (Merchant of Venice allusion there. Sorry).
Have a look at this: Should The European Union Bail Out Its Member Countries?
So, do (illegal – look at Treaty of Lisbon article 125) bailouts actually work?
The debate is open, but many people believe that they do not. They impose incredible hardship on peoples in order to square the circle of a common currency that is structurally flawed (without full political and economic integration, which is what Barroso's trying to do now) and get countries even further into debt, as well as taking away from them ALL budget making powers. Oh, and their right to chose their own leader, if the leader doesn't agree with the EU.
Christofias has looked at all the info and made a decision: the pound of flesh is too high a price to pay for a short-term solution. Especially if, by the time his banks and country have to repay the EUsurers (I thought that one up myself!), the currency no longer exists and the debts disappear along with the financial institutions that lent the money in the first place.
To keep the present status quo (the cosy rusfetti, as alluded to a million times before by many in these columns) is El Presidente's main aim. Applying to the ESFS won't do it and won't work anyway.
So, in a line from the Danny DeVito film "Other People's Moneyâ€Â, the Russians and Chinese are NOT Cyprus' best friends: they are their ONLY friends, in order to keep things just how they are.
Important question though is: at what price?
We've all got our own ideas on that one…
Gavin, you make some fair points as usual, and you final paragraph sums it up nicely.
Unfortunately the world is again leaving Cyprus behind, and not in a good way.
This is mainly due to a chronic lack of leadership or action from a Government which is orchestrated by the dogmatic Mr Catastrofias who seems incapable of seeing the blindingly obvious choices that are needed for Cyprus to keep up and stay safe.
The same dogmatic attitude that led to the Mari disaster is now leading to a further potential disaster for the Cypriot people to suffer whilst being told that El Presidente is on their side which couldn't be further from the truth if it was launched into deepest outer space.
Snubbing their 'partners' in the EU whilst dallying with Russia and China is just another example of this dogmatic attitude which is akin to storing up unstable explosives next to Cyprus's future prosperity.
Of course, taking the non dogmatic, but correct approach of applying to the ESFS for help would lead to some embarrassment for the Government in the short term, when their Mickey Mouse finances were opened up to public scrutiny, but this would also lead to some long overdue, but necessary actions to tackle the current unsustainable budget imbalances including the excesses of 39 overstaffed and overpaid Semi-Governmental Organisations such as EAC, and the woefully overstaffed, overpaid and inefficient Pubic Service.
No doubt there would be some issues involving the spoiled and often pandered to 'Social Partners' which would need to be resolved during this introductory spell of reality checking, but with the backbone of the ECB and IMF I'm sure any 'dynamic' action that may be taken would not result in any major policy changes.
These actions coupled with the gradual introduction of a fair and effective competitive environment with beefed up Consumer protection, and effective application of EU rules and laws would start to produce some real results and hope for the future.
Should I have started this piece with 'Once upon a time in a land far far away…….?
Fascinating insights! (from Mr Gavin Jones). And I agree with the conclusions wholeheartedly.
I naturally don't know how old you are so indulge me a little. The same applies to anyone else who cares to read the following.
I remember Cyprus as a child and teenager in the fifties and sixties when my mother (Cypriot) used to bring me to the island from austerity Britain for long summer holidays. I know that it's very easy to reminisce in a rose-tinted spectacles sort of way about one's childhood but coming to the island was like opening a magic box and I know that I wasn't hallucinating: warm-hearted people with boundless, unconditional hospitality; simple pleasures; nothing too much trouble. So where has it all gone wrong?
I think it's far too easy to put the blame solely on membership of the EU and joining the euro as this is only part of the equation. My own view, for what it's worth, is that the ruling political clique, dominated by lawyers, is not fit for purpose. Its mentality has not adapted to the modern era and is seeped in overt cronyism, family ties and in-built corruption. Furthermore, the judicial system is totally inadequate, biased and unable to dispense natural justice. In short, the country continues to be run along the lines of my mother's village in the Karpas peninsula.
You're right, Phidias. Cyprus was once "wealthy and cheap" as you put it. Not necessarily 'wealthy' in the financial sense but more in the sociological meaning of the word. And this is not some romantic notion with me harking back to some halcyon era because life in the villages was hard. I'm sure you know what I mean.
No. The rot set in well before joining the EU and euro and I would describe it as a sort of moral bankruptcy which has invaded both public and personal life. One only has to look at the thousands of horror stories regarding title deeds which dominate this website and elsewhere and the involvement of developers, banks and lawyers in this scandal. And the government condones behaviour such as this.
I'm often countered with the argument that it's the same in the U.K., America and elsewhere. Corruption is indeed a universal scourge. However, in Cyprus the laws to combat it are hardly ever enforced. THAT'S the difference and it's become an accepted way of life.
Finally, you might well ask what has the above got to do with Cyprus seeking help from Russia and China'. To my mind everything.
I'm afraid that the only route to national nirvana is for the current political and judicial system to be totally overhauled and a new generation brought in to clean it all up. Until and unless this happens, we'll continue to witness the ongoing amateur dramatics of a discredited establishment leading their countrymen to even more horrifying economic as well as geopolitical disasters.
CYPRUS used to be a wealthy and cheap to live country until we joined EU.
See how Cyprus likes this more insidious form of colonisation.
You all think the same as me, Looks like the association of Cyprus with the European people and its long time Friends (Great Britain and Greece) does not count for any sensible thinking these days.
It would seem it's look after number one time in any way you can.
The rules of the EU are obviously to much for the Cypriot Government to comply with. So lets look at all other avenues at any future cost to the Island's people and once tranquil way of life.
But still they were quite happy to take the money for road and infrastructure improvements and incentives to build as many properties as they have, luring in unsuspecting British with the promise of a home for the future in the sun. As we now know most of us have been sold somewhat short on the glossy promises. Even lied to with no redress.
Now the very same people can go to countries and do the same only on a scale us normal people can only dream about.
What will be the consequence of this in the future?
So lets forget that future like they do and enjoy the present.
Gavin – well put. The last thing we need is EU / IMF accountants looking at ways that we could reduce the deficit as the answers, although obvious to most will not be accepted by the Unions or current government.
It must be nice to have other peoples money, in unlimited quantities, to spend on populist vote buying measures, without having the responsibility of arranging for its payment back.
My guess is that we need in the region of €12 billion at the moment to write down current debt and of course that may rise dependant on what happens in Greece on Sunday.
It seems we are still reluctant to take the medicine needed and instead are willing to sell the nation to Russia or China. I wonder what percentage of future gas and oil revenues they will be given in exchange for a slightly lower rate of interest on a loan.
There goes the gas, the 30 year lease to the Chinese is now a given and if anyone wants to buy Aphrodite's rock make us an offer.
The more I read the more I despair that the crooks running Cyprus are buying time so they can run off with their loot leaving the average Cypriot with absolutely nothing and then some.
They always have other reasons why help is not required. The real answer is they need time to clear out and whoever is left can carry the can.
A personal opinion.
Yet more funds from Russia and/or China are what this government wants. A bailout from the EU would mean the troika crawling all over the state's finances and that's the last thing that the Cypriot political establishment wants. This scrutiny is the "baggage" to which the Deputy Europe Minister refers and that would never do if at all possible.
As for talk of a "safety buffer… of about €3 or €4 billion", this is hardly the stuff of serious fiscal speak and just shows up the lackadaisical use of words and figures when it comes to this government. The Minister might as well pluck other numbers out of thin air and quote €6, €8 billion or more: totally amateurish and hardly inspirational.
Heaven help Cyprus.
The views expressed in readers' comments are not necessarily shared by the Cyprus Property News.


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Monday, February 04, 2008
Would you believe that until this weekend we didn't own a coffee machine? We are just not big coffee drinkers. Matt loves to drink tea, but I am frankly not much of a beverage person at all. Anyway, we got one of those pod coffee machines, the Senseo. And so far, I like it. Matt said the "dark roast" coffee could have been a little darker, but I think it is just fine. I love that you can make just a cup at a time, it isn't like the two of use are going to drink a whole pot. It is super easy and quick to work as well and the coffee is really hot. Currently, they are having a promotion where you can get a chance to order the machine (normally $70) for just the price of shipping ($15). Not bad. You just have to fill out a survey on the site for your chance.
Posted by Rachel at 2:27 PM

subset: commoncrawl


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Wednesday, September 25, 2013
CALL FOR PROPOSALS: Growth and Economic Opportunities for Women (GrOW)
The GrOW research program aims to strengthen the evidence base to inform social and economic policies that enhance women's economic empowerment, close gender gaps, and simultaneously promote economic growth. The ultimate goal is to enhance economic outcomes and opportunities for poor women in low-income countries. GrOW focuses on women's economic empowerment — in labour markets, entrepreneurship, and the care economy — and the connections between women's economic empowerment, gender equality, and patterns of economic growth in low-income contexts.
With an initial focus on sub-Saharan Africa and South Asia, the program aims to generate rigorous empirical evidence and new, cutting-edge knowledge that addresses the following questions:
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- Theme 2: How do specific patterns of economic growth and types of structural change affect women's economic empowerment and gender equality?
- Theme 3: How do women's economic empowerment and gender equality affect economic growth?
The call for outline research proposals invites proposals on themes 1 and 2.
Deadline: October 25, 2013


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Across the country, regional and community newspapers are being cut to the bone or closed down. Are they doomed? Not according to enterprising new owners, who are breathing life back into their local rags. Venetia Sherson reports.
Irvine, 41, has been a journalist for all her working life, bar spending five years in PR. She began as a cub reporter on the Wairarapa Times-Age, armed with a journalism diploma and a BA with first class honours in French language and literature. Her first bylined story was about a private school's new auditorium. She also covered the trial of two women charged over the death of Wairarapa toddler Hinewaioriki Karaitiana-Matiaha, nicknamed "Lillybing", which still ranks as one of New Zealand's most shocking child killings. Her work caught the eye of metropolitan newspaper editors and landed her a job at the Evening Post and later the Sunday News, where she staked out celebrities and rubbed shoulders with the rich and famous. She flew to Sydney to interview Harrison Ford for the News. "Nice man. More pleasant than I had been led to believe," she says.
It was a heady life for a single woman in her late 20s, but the pursuit of scandals and the hamster wheel of hard news lost its appeal. When she met her future husband, Campbell Irvine, they moved to Tauranga, where Campbell established a golfing business and Ellen joined the Bay of Plenty Times. Award-winning journalist Keri Welham, who was deputy editor at the time, says she was a "rock-solid" journalist, "well-researched and fast".
The return to a smaller provincial paper reminded Irvine what had drawn her to journalism. "For me, the buzz has always been writing stories about ordinary people who have done something extraordinary, or had something extraordinary happen to them."
The couple built a home in Papamoa, the Bay of Plenty's fastest-growing suburb (population 26,000), 15km down the coast from Mt Maunganui. They had a baby and Ellen began work for a local PR firm. Six months ago, she had a lightbulb moment. She looked at Papamoa with fresh eyes and saw a prosperous community with four primary schools and a college, a refurbished $20 million central shopping centre, a population of young families fleeing the stresses of big city life, and retirees lured by the charms of a white-sand beach at their back door. "It struck me we should have our own newspaper." Then she thought, "What a great idea."
The first issue of the Papamoa Post rolled off the press at the end of March and was delivered free to 10,500 households. It's a 24-page, full-colour monthly publication, slightly smaller than a tabloid, with an advertising-to-editorial ratio that would please an accountant. The stories are sharply written, focused on parish-pump snippets and larger community concerns, such as the campaign for a new surf-rescue base. Irvine believes there's a huge hunger for hyper-local news. "People want to read about what is relevant and important."
But isn't it a risk to start a newspaper in an online world? "I consume a lot of international and national news online – but none of it is about the community where I live. There's a gap and I want to fill it. If I don't, someone else will."
The shutdowns have come as no surprise. Last year, when the New Zealand Commerce Commission blocked Stuff and NZME's bid to merge, the companies warned there would be casualties. Sales of printed newspapers have collapsed in the past decade, with some dailies halving their circulations. Last year, the combined circulation loss for the country's four largest daily papers and 15 regionals was more than 20%. Revenue has followed the same downward trend. For the year to June 2018, Stuff reported a net loss after write-downs of $74 million. NZME reported a 4% decline in print revenue to December and has introduced an online premium paywall to try to stem the flow.
Overseas, newspapers are faring no better. In the UK, a quarter of the country's regional and community newspapers have closed in the past decade, and the number of journalists working on local news has halved. While readers may mourn the loss of familiar and long-serving mastheads, there is a deeper concern: that smaller communities no longer have a local watchdog to hold power to account. In a just-released report into Britain's declining press, British economist and former journalist Dame Frances Cairncross says the collapse poses "a threat to the long-term sustainability of democracy". She lays the blame squarely at the feet of the giant online search engines and social media platforms Google and Facebook, which have created "distortions in the market" by taking much of the advertising revenue that used to subsidise reporting. She's called for new codes of conduct to rebalance the relationship between publishers and online platforms.
Certainly, the arrival of the internet caused a major disruption for newspapers, which once had a monopoly on their audiences and had adapted to compete with radio and TV. According to the Reuters Institute for the Study of Journalism, more than seven out of 10 people (nine out of 10 aged 18-24) now get their news online. Most (64%) receive breaking news from social media platforms, which have uplifted that content (free) from traditional media sites.
However, some say media companies must share the blame for their own demise. They reckon newspapers made a tragic mistake when they devalued news by providing it free on the internet. They also say corporate owners, who had conditioned shareholders to expect profit margins of up to 30%, were too greedy and moved too quickly to slash newsroom staff, while turning a blind eye to their readers' needs.
He pestered the owners "a dozen times" to sell it to him, believing the business was weighed down by unnecessary head office costs, especially inflated salaries. When they agreed, he applied his accountant's eye to the bottom line, but remained committed to the paper's core business – local news.
The Wairarapa Times-Age employs an editor, five general reporters, a sports reporter and a journalist who looks after Wairarapa Midweek, delivered free to every house. The news is focused on court ("Everyone wants to know about the bad guys"), the council ("How is our money being spent?") and local sport. "Conversely," Denholm says, "Fairfax has unwound those things. They took out all their local content and got rid of their local sports reporters." Reporters on the Times-Age attend every council meeting. "We believe it is the business of newspapers and in the interests of the community we service."
Denholm is also out of sync with the current thinking that digital comes first. "Digital comes last here, unless it's breaking news. Stories first appear in the paper and in three days they might go up online. Why would I want to put content online free?" He has no interest in migrating any advertising to the internet, and is critical of media companies' belated moves to introduce online paywalls. "The horse has bolted. The guy who made the decision to put news on the internet free should be shot."
Real estate firms make up a high proportion of advertising. And property stories – what he calls "property porn" – feature high on the news agenda. "Everyone wants to know the value of their property and what prices are doing."
Readers are mainly older and hugely loyal. An eye-watering eight out of 10 are subscribers. Casual buyers are attracted by breaking news, but Denholm isn't interested in wooing them with "clickbait", a term used pejoratively to describe online headlines sensationalised to attract attention. He also can't abide in-vogue media terms such as "content" and "audience" (in old-speak "news" and "readers"). When he wrote a submission to accompany the Wairarapa Times-Age entry into this year's Voyager Media Awards, he nailed his colours firmly to the mast: "We are in the business of selling newspapers."
The Midweek was a finalist for Community Newspaper of the Year and Wairarapa Times-Age was a finalist for Best Editorial Campaign/Project.
When the Mail was bought in 1993 by INL (Independent Newspapers Ltd) Mackenzie saw the power of hefty capital investment. There were radical changes in technology and the quality of journalism. His own work benefited and he was sent first to regional daily the Manawatu Standard as a trouble-shooter, then to the Christchurch Press. In his early 30s, he was appointed general manager of the Waikato Times, then the country's largest evening paper, and later the Sunday Star-Times and Sunday News, by then owned by Fairfax, who bought INL's newspapers in 2003. He quickly learned the language of corporate boardrooms and the cut-throat nature of the competitive media business; he also learned the most valuable lessons about newspapers were to be had over a beer with colleagues at the end of the day.
After a stint in the UK working for eBay, he returned to New Zealand and was appointed general manager of a stable of New Zealand newspapers owned by NZME: the Bay of Plenty Times and Rotorua's Daily Post, plus 10 community papers. But after seven years, he was exhausted, and the overarching reach of head office had taken some of the thrill out of his job. "I was 45, we had two children by then [now three], and I was looking for something to ignite my passion." He bought a real estate business. Then he bought a newspaper.
There are two weekly newspapers based in Cambridge, a pretty Waikato town with a village green, an abundance of antique shops and a reputation for attracting world-class athletes (think equestrian Sir Mark Todd, cyclist Sarah Ulmer, rower Mahe Drysdale), plus the rock band The Datsuns. The population is expected to double to more than 30,000 in the next 30 years, largely because of the completion of the Auckland to Waikato Expressway. The Cambridge Edition, owned by Stuff, was established in 1981. The paper Mackenzie bought – the Cambridge News – was launched in 2008 by local businessman Mark Nogaj. Initially, it was regarded as a cheeky upstart, but under Mackenzie's watch it has gathered steam and kudos. It commonly runs to 40 tabloid pages, fat with ads and stories about local people and the issues that interest them. Mackenzie says the formula for success is simple: provide stories that will interest readers whom advertisers want to reach. "If we have an audience engaged with us and advertisers that want to talk to them, we can build a successful business." Like Andrew Denholm, he says when you take out head office overheads the model works. "We don't have a flash office or computer system; we use the BNZ business centre for meetings; our payroll and IT systems are handled by local firms. We work together as a community to make it work." Another essential, he says, is to work in the business and be part of the community you serve.
Mackenzie is an outspoken crusader for community newspapers and optimistic about their future. He believes a renaissance is on the horizon as people lose faith in giant online platforms. "Newspapers have prospered for one reason: the trust that comes from representing readers' interests and giving them the news that's important to them."
She says big news organisations provide the scale to investigate big stories and hold people to account. "But there is also room in the market for hyper-local news, which communities want and need." She'd like to see more collaboration between them. "The threat is not coming from each other, but from multi-national platforms. It's in all our interests to provide New Zealanders with a news service they can trust."
Boucher can't see a time when news is not Stuff's core mission. "It's embedded in our DNA." No further newspaper closures are planned, she says. That may be optimistic. At the time of this interview, Stuff's new owners, the Australian media company Nine, was preparing to offload its New Zealand assets.
Community newspapers that could
Westport News
Lee Scanlon
Newspaper editors work well under pressure. They rewrite poorly written stories, soothe angry subscribers when a crossword clue is missing, and hold the "neither fear nor favour" line when an advertiser threatens to withdraw their business. But when the press breaks down – and the nearest help is 300km away – they're stumped.
On 12 March, Lee Scanlon, the co-owner and editor of the Westport News, was proud of the day's edition. "The lead story was about a new mayoral candidate, a drought had been officially declared (even though the rain had started) and a local woman's hemp cookies had been accepted into Countdown." But then the press conked out. She gave subscribers a password (free) to get through the online paywall and assured them the News would be back the following day.
Scanlon has been a journalist at the Westport News for 46 years. She and her husband Kevin, who owns the local hardware store, bought the five-day-a-week broadsheet 18 months ago when it was facing closure. "We're fourth-generation West Coasters," she says, by way of explanation. The paper goes into about half the homes in Westport and as far away as Karamea 96km north, Punakaiki 56km south and inland to Reefton. Apart from Scanlon (who prefers to be called a chief reporter, rather than an editor), there are two other journalists; one delivers the News on her way home; the other doubles as a novelist.
Scanlon is regarded by her peers as a cracking journalist with a nose for hard news. The paper regularly breaks big stories, including long delays for West Coast orthopaedic patients, and concerns about a $300 million Chinese waste-to-energy plant planned for Westport. It prides itself in holding people to account. "Democracy dies in darkness," Scanlon says, quoting the Washington Post.
The paper has a mix of local, national and international news. It also has a copy-sharing relationship with state broadcaster RNZ, fostered by RNZ CEO Paul Thompson, and similar to one initiated by the BBC to help resource-stretched newsrooms. There are 15 staff, but family also pitches in. Scanlon's twin sons, Glen and Sean, and Glen's wife Lucy Corry are Wellington-based journalists (Sean is now a senior adviser to Labour's Damien O'Connor). Sean's wife, also Lucy, is a lawyer and tax analyst. Son Troy and his wife Casey, who live in Westport, contribute business nous and help with health and safety.
Scanlon and her husband are in their 60s; she had reduced her work hours before they realised the paper could fold. "We couldn't let that happen." The team also goes to great lengths to ensure delivery – barring press mishaps. "When we had a cyclone last year and the runners couldn't get through, the manager, plus her husband and kids, and I delivered papers to the flooded areas." Along the way, she also did some sandbagging.
Readers are appreciative. Marie Elder, a former Wellington secondary school teacher who now lives at Punakaiki, has been a subscriber for 10 years, and says the newspaper provides her with all the news she needs ("including the scuttlebutt"). "It tells me what we wouldn't have found out if it wasn't for good reporting. It takes courage to run a newspaper."
Devonport Flagstaff and Rangitoto Observer
Rob Drent
Rob Drent doesn't expect to be the Rupert Murdoch of New Zealand media. "More like Rupert Minnow," he says. But he's just launched his second newspaper in one of Auckland's highly populated and fast-growing harbourside suburbs.
Drent has owned and edited the fortnightly Devonport Flagstaff for 22 years. The pint-sized paper (the same size as a stapled magazine), is an institution in the wealthy bayside village on Auckland's North Shore, famed for its cafes, boutique businesses and naval base. In February, he launched a sister paper, the Rangitoto Observer, which covers the neighbouring area from Takapuna to Sunnynook. It was a logical move, he says. "The communities are served by the same local board, which makes decisions that affect them all. We are the public watchdog."
He bought the Devonport Flagstaff in 1997 because he saw its potential, and because he was done with the daily press and a revolving door of editors. "You'd write a hard-news story about some massive injustice and get no feedback from the public."
Today, if he goes to the post office, he meets five people who all have different views on what's been published in his papers. "I don't go to the supermarket anymore. I'd never get my groceries."
The Flagstaff has a circulation of 11,000 and runs to 56 pages in full colour. The Rangitoto Observer, also fortnightly, has a similar circulation. Drent says the papers cover everything from ferry crashes to school fairs. Crime stories feature, but not excessively – Devonport has the lowest crime rate in New Zealand.
The Flagstaff has campaigned successfully against sales of synthetic cannabis in dairies and advocated for heritage protection. Drent won the best community reporter award in the Voyager Media Awards last year for an entry that included an investigation into rent hikes by a large property owner (he was nominated in that category again this year). The paper is fiercely local and tries to get at least 50 local faces in each issue. "People who live here trust the papers, even when they are divided on issues. With local papers, people feel they are part of something."
He first thought about a second paper when he bought the Flagstaff in 1997, but the timing wasn't right. Last year, Fairfax laid off 16 journalists on their Auckland communities, providing the impetus he needed. He thinks corporate owners have lost the plot.
He writes for both papers, covering local board meetings and sport. As well, he has one fulltime journalist and is recruiting for more. Both newspapers are online, but print serves his needs best. "Many people get very little in their letterboxes now. Readers like that it's delivered. Advertisers like that, too."
Lizard News
Matthew Farrell
On a balmy March morning, the Beached on Blue Cafe at Ōmokoroa is a suntrap, filled with locals and holidaymakers enjoying good coffee and thumbing through the local paper. The editor, Matthew Farrell, is one of them, dressed inappropriately for the heat in motorcycle leathers. He and his wife have just bought bikes and are about to join the Ulysses Club; there's an L plate on his rear fender. Farrell is enjoying a long black and looks pretty chipper. He launched his monthly paper Lizard News (the translation of Ōmokoroa is "place of the long lizard") two years ago and is about to double its distribution. Ōmokoroa is a fast-growing Western Bay of Plenty seaside suburb, but Farrell believes his paper has relevance as far afield as Waihī Beach, 41km north. His new distribution plan will expand the print run from 5400 to 10,500 copies.
Farrell is an old-school, British-born editor with a view on everything from pokies ("no need for them here") to the dangers kids face when they travel by bus to the nearest secondary school more than an hour away. He's a spokesperson for the group "Fix the Bloody Road". He believes editors should be the voice of their communities and, at times, should speak loudly. He may one day stand for mayor.
He began his career as a journalist in the UK, where he worked for Sky. When he and his wife Liz immigrated to New Zealand, he worked for radio stations in Auckland and later RNZ as their Bay of Plenty correspondent. He also edited the Stuff-owned Matamata Chronicle for a year. "Working on a community paper felt like putting on an old pair of shoes," he says. "There was a lot of knocking on doors, going to A&P shows and standing on the side at rugby games. It was like being an amateur historian, recording events as they happened in the town." He brought back court reporting and attended community board meetings.
He decided to launch his own paper after taking time out of paid work to be primary carer for his three children, one of whom is disabled. "When the credit card bill crept up, I thought I'd better do something." Was he just buying himself a job? "It took me six weeks to get the paper off the ground and make a profit. I don't cold-call to sell ads. Advertisers come to me."
He won't reveal his profit margin, but has paid off his debts and bought a new eight-seater car. He believes local newspapers are the glue that binds communities – and their time has come again. "It's going back to the way it was in the old days when family-owned newspapers were run by people with ink in their veins, not dollar signs in their eyes."
This article was first published in the June 2019 issue of North & South.
Follow North & South on Twitter, Facebook, Instagram and sign up to the fortnightly email.


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Miso-glazed sea bass with ginger greens
Eating healthily doesn't have to mean compromising on good food. This miso-glazed sea bass with ginger greens is quick and easy to make and comes in at under 300 calories
Lamb kleftiko tray bake
We've given classic lamb kleftiko a healthy makeover with this recipe for four. Use lighter feta cheese to keep the fat content low without compromising on flavour
Sumac roast cauliflower and chicken salad with mint yogurt
Ready in under 30 minutes, this minty chicken and citrus roast cauliflower dish makes a speedy and super simple gluten free meal for two. Using fat-free yogurt keeps the fat and calorie content down
Lentil 'meatballs' with fresh tomato sauce
Lentils are a great way to make a meal vegetarian. Swap these for your usual meatballs and your family will hardly notice the difference. Plus, they're low in calories and fat and ready in just 40 minutes – perfect for during the week
Seared tuna with ponzu dressing and coriander rice noodles
Our recipe for seared tuna with ponzu dressing and coriander rice noodles is low calorie, low fat and ready in just 20 minutes
Chicken dhansak
This is our healthy version of chicken dhansak. It's easy to make, ready in under an hour, high in protein and under 500 calories. Put the takeaway menu down… this will taste better too!
Kale waldorf salad with buttermilk dressing
This kale waldorf salad with buttermilk dressing is a clever update on a classic. With a good amount of crunch and tangy dressing, it makes a great side dish
Spicy prawn linguine
Healthy food doesn't have to be boring. This spicy prawn linguine has a spicy chilli kick to keep it interesting. It's so delicious you'll forget that you're being virtuous!
Tuscan pork steaks
Our recipe for Tuscan pork steaks ticks all the boxes. It's low calorie, low fat, low sugar, low salt and high in satisfying protein
Chicken saag
This chicken saag recipe proves that you can eat healthily without having to miss out on your favourite foods. Coming in at under 500 calories, this dish is on the table in under an hour
Tandoori lamb steaks with chilli-spiked slaw
This recipe for tandoori lamb steaks with chilli-spiked slaw is low fat, low sugar, low salt and high in protein to keep you feeling full but the calorie count low. Plus, it's really easy to make and looks amazing on your plate!
Ginger lemon sole with Chinese greens
Our ginger lemon sole with greens is a quick and easy Chinese recipe. In China, fish celebrates prosperity and greens symbolise longevity
Freekeh risotto with spring greens
Freekeh is made from cracked, roasted green wheat. It works well for risotto as the grains keep their bite when cooked. The spring greens add goodness and keep this dish feeling fresh
Thai burgers with salsa and sweet potato wedges
These healthy pork burgers are flavoured with Thai curry paste and coriander, then served up with a spicy chilli and mango salsa. Because there's no bun, they're lower in calories and fat. Why not serve homemade sweet potato wedges on the side?
Healthier lasagne
Our low calorie lasagne is a delicious dinner recipe for six people. Serve with a green salad for a healthy version of this classic Italian dish. Comfort without lots of unnecessary fat!
Fiery chickpea and harissa soup
A fast-to-make and easy spicy soup made with chickpeas. This vegetarian recipe gets its heat from harissa, the hot chilli pepper paste from Morocco. Ready quickly in just 20 minutes
Asian black rice salad
Black rice has a higher nutritional value than white rice, and the same amount of fibre as brown. Try it in our Asian prawn black rice salad
Whole sea bream cooked en papillote
Fish can be intimidating to cook but this recipe for whole sea bream cooked en papillote is really easy but looks impressive, and is low in fat to boot!
Moroccan veg and chickpea tagine
This recipe for Moroccan veg and chickpea tagine is vegan, low in fat and really easy to make. It makes enough for four, but the leftovers freeze well
Szechuan prawn noodles
These hot and spicy Chinese-style noodles only take 15 minutes to whip up so they'd make a great quick and easy midweek meal if you're stuck for time or craving some healthy fast food low in calories and fat
Creamy lentils with spinach and thyme
Perfectly suited to those who want a light but tasty 5:2 friendly meal, this healthy vegan lentil dish is high in protein but low in calories and fat
from olive http://ift.tt/2jpuyt9
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Vancouver's municipal election was held last Saturday. The elections produced a rare outcome, a city council that had a Vision Vancouver majority, but a substantial number of opposition councillors. Vision Vancouver managed to elect 6 out of 10 councillors while their main rivals, the ironically named Non-Partisan Association (NPA), elected 3 councillors and the Green party elected one. This council is unique because of the small size of the majority that Vision won. Vancouver elections over the past two decades have tended to grant the winning party a large majority of between 7-10 seats on council. This is the result of Vancouver's single district multi-member plurality electoral system. Multi-member plurality gives a party that can win a plurality of the vote an opportunity to win a large majority, if not all of, the seats on Vancouver's city council. This system is not only problematic because of the degree to which it over-represents certain parties on council, but also because it creates councils with few members not in the dominant party who have a strong incentive to hold the mayor and dominant party councillors accountable.
The fundamental problem with the multi-member plurality system lies in the ability of a party winning a large plurality of the vote to win almost, if not every, seat on council. This system has no requirement that councillors win a majority of votes, candidates simply must win at least the 10th highest number of ballots cast. The presence of a large number of candidates on the ballot means that each candidate for council only needs to win about 30%-40% of the vote to be in the top 10 and elected to council. Unlike a single-member plurality system there are no districts (often know as wards in municipal elections) in Vancouver municipal elections, and each voter is allowed to vote for up to 10 candidates. This means that each candidate for council is essentially competing for the same votes. If a party can ensure can 30%-40% of the population to vote for most or all of its candidates for council there is a high likelihood that most if not all of its councillors will be elected. A single-member plurality system (and ward systems that elect two members from a number of different districts) is different from this because differences in public opinion across districts tend to ensure that at least some candidates from different parties or ideological backgrounds get elected to at least some council seats. Without multiple districts, multi-member plurality systems are even more winner-take based than single-member plurality systems or ward systems.
The degree to which a dominant party can expect to take all or most of the seats on council depends on the degree to which it can get its supporters to vote for each one of its council candidates. Vancouver voters do not always do this, significant numbers of voters will support council candidates from multiple parties. This past election excepted though, Vancouver elections have tended to produce councils with large majorities for a particular party. In 2011 Vision Vancouver took 7/10 seats while their largest rival, the NPA took just one despite their mayoral candidate winning 39% of the vote. In 1996 the NPA managed to win every council seat despite the fact the second place Coalition of Progressive Electors had a mayoral candidate and councillors close to or over a quarter of the vote. This has been the norm in Vancouver municipal elections. The largest party, usually the same party as the mayor, takes 7-10 seats on council while the second and third largest parties compete for 1-3 seats and very little ability to influence council decisions.
The first problem that stems from this is the sheer lack of representation for many Vancouverites. Vancouver has some significant political and social divides. The interests of East Vancouver, particularly the low income downtown east side are often very different from the interests of high income areas such as Kerrisdale or Shaughnessy. These divisions are often reflected in support for the municipal political parties. In 2011 polling districts in Southwest Vancouver tended to support the NPA's Suzanne Anton while the North and East polling districts showed support for Vision's Gregor Robertson. This past election produced a similar pattern that can be seen here. In 2011, the NPA, despite winning 41% of the mayoral vote was limited to just two seats on council. Regardless of which party dominates council, large numbers of Vancouverites are likely to lack representation on the city council. In the extreme, a quarter to a third of Vancouverites could have no one on council to speak for their interests. When municipal policies such as the development of public transit, the density zoning of various neighbourhoods, and the property taxes divide Vancouverites along partisan lines that is problematic. It is likely to lead to substantial numbers of frustrated citizens who right feel that city council is unresponsive to their interests.
The second problem that stems from Vancouver's electoral system relates to accountability. Majoritarian systems are designed not only to create to clear majority governments but also substantial, single party, oppositions that have strong incentives to hold the majority to account. A system that allows the dominant party not only a majority, but a reasonable shot at winning close to every seat on council limits the degree to which opposing councillors can hold the dominant party to account. City council is not a parliament, and councillors do not form a formal opposition, but councillors still have an important role to play in debating major initiatives and policies. The fewer councillors that come from a different political ideology as the mayor and dominant party, the less the policies of the dominant party are going to be questioned and the weaker the overall debate on council. The weaker the second and third largest parties on council are, the less ability they have to raise motions and force the council to debate issues that may not be of interest to the dominant party (but which may be of importance to significant numbers of citizens). There can be some debate over whether it is better to have a council or legislative body with a majority or a minority party in power. It is, however, problematic when the majority on council gets so large that it limits the ability of non-dominant parties to question the ideas and policies of the party that dominates council.
There are two major alternatives to multi-member plurality elections for municipal elections. The first is the traditional ward system where 1 or 2 councillors are elected in smaller districts using a single member plurality or system or a multi-member plurality districts. Like the multi-member system applied to the whole city this system is likely to produce disproportionate results. The division of the city into districts, however, makes the results less disproportionate than a multi-member system applied to the city as a whole. The ability of different parties to do well in particular wards in the city ensures that the two largest parties are going to be represented on council. A left part like Vision can rely in wins in East Vancouver to ensure at least some of it candidates make it to council while a centre-right party such as the NPA can rely on Southwest Vancouver to ensure it has representation. The result is that most Vancouverites should be able to find someone on council that represents their interests (even if their party is underrepresented). There are also likely to be a substantial number of councillors that disagree, voting against the interests of the larger party and raising issues that the larger party does not want to discuss.
The other alternative system would be a pure proportional representation system. Under this system voters would vote for parties and council seats would be awarded to parties based on the percentage of seats they win. If 40% of voters voted for Vision in council elections, Vision would receive 40% of council seats. This ensures direct exact proportional representation, no voting block with at least 10% of voters (Vancouver has 10 council seats so 10% would be needed to win each seat) would be left without representation on council. This would ensure that council would be elected by Vancouver as a whole, and deals with concerns that ward systems lead to councillors who consider only the interests of their ward and not the city as a whole. It would however lead to councils without majorities, making for less efficient government. It also makes candidates reliant on membership in a party to get elected. It is almost impossible for an independent to be elected in a pure proportional representation system. Voters could be given significant control over the ranking of party lists through an open list system (which allows voters to determine the ranking of candidates on party lists) but a pure PR system would likely give parties more control over their members than a ward system would.
The city-wide multi-member plurality system that Vancouver uses to elect its council is highly problematic because of the way that it leads to under-representation of the interests of large numbers of citizens and because it creates councils where dominant parties do not have to respond to criticisms of their opponents. It provides for neither the direct representation of particular areas of Vancouver through wards that a ward system would, nor the accurate representation of city-wide interests that a PR system would. Both ward and PR systems have their drawbacks, but either would be preferable to Vancouver's multi-member single district system.


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Quest steps into private cloud market with Surgient purchase
Quest Software adds to its cloud infrastructure management services with the purchase of private cloud automation software provider Surgient.
Quest buys Surgient
In another sign that private cloud computing is emerging as a profitable and more commonly-used technology, Texas-based virtualization management vendor Quest Software has purchased Surgient, Inc., a provider of private cloud automation software. The deal is expected to close in the third quarter, giving Quest a fresh portfolio of tools for managing secure cloud infrastructures.
The announcement was paired with IDC research that shows how Quest, already serving 20,000 virtualization customers, could benefit from branching more into internal clouds. Demand for server automation tools will likely top $1 billion by 2014, according to IDC research. An IDC survey also shows that 73 percent of all businesses are evaluating, planning or have already implemented private cloud strategies.
Royal Mail to outsource to the cloud with Capgemini
On a six-year meta cloud deal, UK postal service the Royal Mail Group (RMG) will use IT services giant Capgemini to replace customer-facing Web services and many internal IT services with cloud providers like Google and Salesforce.com. Capgemini has bundled 18 different cloud computing, Software as a Service (SaaS) vendors and technology suppliers under one umbrella that it calls "Capgemini Immediate," which delivers the normally self-service SaaS apps through Capgemini's portal technology.
The company will also perform the migration and integration services to get the RMG turned around and ensconced in the cloud. While the end result looks a lot like traditional outsourcing deals, Capgemini said it will charge on a pay-as-you-go basis and promises easy scalability and flexibility. RMG cited costs, flexibility and modernization as primary drivers in a promotional video at Capgemini's website.
Analysts say that it's an example of where outsourcing is moving, and while the deal isn't amazing, the use of cloud services and next-gen technologies like Drupal mark it as interesting. The danger is always the same in big outsourcing deals, said Forrester's James Staten: that a company will expect flexibility and lower costs and instead end up with an enterprise-scale boondoggle.
"They don't want to end up like GM, which outsourced everything it had to EDS and, seven years later, looked around and said 'Wow, that wasn't such a great idea,'" he said.


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Sports in America
Glenn W. Ferguson
|About the Book
Are American sports in jeopardy? Maybe so, unless greed can be controlled, the author of this unique book about sports in the United States concludes. In drawing this conclusion, Glenn Ferguson has explored media impact, education, relevant history, rules, discrimination, and even team nicknames before proceeding in depth with the specific fascination and blemishes of the major sports--baseball, football, basketball and track--with emphasis on college and professional levels. For the minor sports, tennis, ice hockey, swimming, golf and soccer are examined. Coverage of modern summer and winter Olympics stresses lifestyle, monetary awards, television, and foreign perceptions of the United States. Not wanting to overlook anything, the author devotes a final chapter to the avocations of hunting and lawn care. GLENN FERGUSON served as President of four universities (Long Island, Clark, Connecticut, and the American University of Paris)- Radio Free Europe/Radio Liberty in Munich- Lincoln Center for the Performing Arts, and President and founder of Equity for Africa. He was an Associate Director of the Peace Corps in Washington, and the first Director in Thailand. He was also the first Director of Volunteers in Service to America (VISTA)- American Ambassador to Kenya (Arthur Flemming Award)- and a management consultant with McKinsey & Company. As an Air Force Psychological Warfare Officer, he served in Korea and the Philippines. Since his retirement, Ambassador Ferguson, and his wife Patti, have resided in Santa Fe, New Mexico where he has written five books relating to travel, religion, essays, aphorism and sports. He received two degrees from Cornell University and a law degree from the University of Pittsburgh.


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Latest News
Haser v. NME Psychiatric Hospital (Laurel Heights Hospital) – Patient was a minor admitted to the hospital who was sexually assaulted and molested by another male patient and inappropriately touched by a staff member. Case tried and Plaintiff awarded partial money damages.
Martin v. Emory Hospital – Female patient was sexually fondled by a staff respiratory therapist. Hospital and University Police Department had reports of similar incidents involving other, incapacitated patients in the months preceding but had not identified or removed the perpetrator from the premises. Case settled (confidential) before trial.
Practice Areas
- Premises Liability
- Serious Violent Injury
- Wrongful Death
- Rape and Sexual Assault
- Unsafe Apartments
- Unsecure Hotels/ Motels
I have seen Gilbert Deitch in every capacity as a lawyer. I have opposed him in premises liability cases, used him as a consultant and seen his work as a trial lawyer
Gino Brogdon, Former Judge
Fulton County Superior Court


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What is the first thing that came to your mind when you saw this title. What is the one thing you've always wanted to do or things you planned on doing but you afraid of what people will say, what their reaction would be, what will they see you has..and so on. These are the main reason some people refuse to grow, the reason why some people have been in the same position for years, you know why because they are scared of what people will say, scared to try new things.
There are a lot of people out there who have amazing things in their head, mind blowing ideas but they scared to do it, scared of how people might take it. Some it because of their family because they have this perfect record of being the good child, the good niece or nephew, the good cousin and they don't want anything to happen to that record.
I was talking to friend last Sunday and she was complaining bitterly about her parents especially her dad. Here's a peep in our conversation, she said her dad wants her to be wearing niqab (a long hijab worn by muslim ladies) but she doesn't like wearing it, she prefers wearing her top and trouser but he doesn't like, he literally complains anytime she wears it, she's fed up but there is nothing she can do about it. Mind you she is 300 level medical student of the university of lagos(UNILAG). There was a time last year she went to a beach hangout and she lost her phone in the process but she had to lie to her father she was robbed in her hostel because her father mustn't know she went to a beach hangout and that to she lost her phone there, if he gets to know the truth she's never getting a phone in her life from him, there was a time he even threatened to come to her school and if she doesn't dress proper, he will embarrass her in school, imagine her own father.
YEAH!!! African parents are like that, annoying especially the fathers, what they don't know is that there is a limit to everything. My parents were once like that, they believe once you wear niqab you are a good child, I should emulate them and be like them. What they don't know is, we can wear it in their presence and off it behind their backs.
My father was literally like her dad, I would say worse then because you not allowed to go out, you can't invite friends over unless he knows them and he believes they are good influence on you, I just have to stay indoor but the day wire sparked in my head, trust me you don't want to know the details, the man turned a new leaf as in my father changed to a better person to the extent that we plan my outings together, we talk about concerts. Last December when we saw the advert of the ACCESS concert and people who had account with access were entitled to a ticket, he asked if I wanted to go, we even talked about adekunle's gold that was scheduled for three days but I can't go to concerts alone.. my father literally transformed even I was surprised, he told me few days back won't I register my business with federal government, I had to pinch myself was this my father talking. We still disagree on things tho and I won't say we are best of friends but my father sure changed.
My point if you always do what your parents wants you or expect you to do, my dear they going to control you forever. I know a lot of people in school studying the course their parent want them to do, some people literally ask for permission before they do anything (I'm not saying it a bad thing tho) but my dear I'm not sorry to say this "your life is boring, boring as hell"
You don't have to be a bad child to get your message across to them but some parents don't like the easy way "I'm not asking you to rebel o"
I told my friend, my dear if you continue like this it going to get worse, trust me, it will and I know there are a lot of people out there in this kind of situations but they can't talk or do anything about it and some uncles don't help issues at all.
I once had an uncle like that, monitoring my life on facebook, we still friends on facebook but I don't talk to him again and he's still my uncle, can't change uncle. I have many instances, people that don't mind their business in my area now I don't even greet them again. Have been tagged the bad girl and I like it, everyone knows where they stand, now I command respect I don't beg for it. If I choose to open my hair today, cover it the next day, I will because I owe nobody an explanation why I do what I do, it my life, my choice.
I was able to do all this when I stopped giving a fuck about what people think, or the kind of person people expect me to be SCREW IT, JUST DO IT and it has been working well for me. The method I used might not work for you just study the people you want to talk to or the people you want to change and approach them in a way they going to get it. People who knows me know if I don't like you, I will show you I don't like you, I will tell you I don't like you, that's the way I am. If you want some certain people to change, my dear study them and JUST DO IT.
- What is the one thing you've always wanted to do
- What are the things stopping you
- What are you afraid of
Answer this questions and you good to go
I know a lot of people
- who want to be models
- who want to be video vixens
- who are scared of visiting someone in an hotel room
- who are scared to wear a particular outfit
- who want to talk or be friends with a particular person but they can't
My dear, SCREW IT, JUST DO IT
Do something you've never done, scare your damn self


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After more than 500 performances, "Spamilton" will pack up its knee-high boots and end its Off Broadway run on Jan. 7. The show, a spoof of "Hamilton" created by Gerard Alessandrini, performed extremely well at the box office; producers are planning a national tour.
The show started as a limited engagement run in July 2016, just a year after "Hamilton" itself arrived on Broadway. It portrays Lin-Manuel Miranda's tireless quest to rule Broadway, complete with rewritten lyrics to "Hamilton" tunes, Revolutionary War-era costuming and a Barbra Streisand impersonation. The critical response was strong: Ben Brantley called it "smart, silly and often convulsively funny" in his review for The Times. And Mr. Miranda gave the show his stamp of approval:
We just came from Spamilton. This is Dan Rosales, the talented young man who plays me.— Lin-Manuel Miranda (@Lin_Manuel) August 11, 2016
I laughed my brains out. pic.twitter.com/a9VuyXPQhB
The show was extended several times, and even moved from uptown to the 47th Street Theater, just a block from where "Hamilton" plays at the Richard Rodgers Theater. Productions have been staged in Chicago and Los Angeles.
A representative said that the main reason for the show's closing is that the theater will no longer be available after Jan. 7. A United States tour is in the works, with the cities yet to be named. A London production is also being considered for 2018. Mr. Alessandrini has said that he will turn his attention next to a spoof of Hollywood called "Blah Blah Land."


text: August 10, 2018 Ames, Joseph Bushnell Tagged: Author (1878-1928) US author, mostly of Westerns, of sf interest for his last novel, The Bladed Barrier (1929), a Lost Race/Lost World tale set behind the eponymous barrier in a hidden valley in Baja California (see California), where two young prospectors come across an ancient Chinese civilization, its evil ruler (see Yellow Peril), and an unwilling priestess who turns out to be a white girl willing to be rescued. Other Westerns with lost race elements, sometimes minor, are listed below. [JC]Joseph Bushnell Amesborn Petrolia, Pennsylvania: 9 August 1878died Morristown, New Jersey: 20 June 1928works The Treasure of the Canyons: A Story of Adventure in Arizona (New York: Henry Holt and Co, 1907) [hb/] Curly and the Aztec Gold (New York: The Century Co, 1920) [hb/] The Emerald Buddha (Boston, Massachusetts: Small, Maynard and Co, 1921) [hb/] Flame of the Desert (New York: Duffield and Co, 1928) [hb/] The Bladed Barrier (New York: The Century Co, 1929) [hb/]links Internet Speculative Fiction Database Picture Gallery Previous versions of this entry 23/10/2011 20/12/2011 22/07/2012 14/12/2012 08/08/2013 17/02/2014 05/07/2014 07/07/2014 25/10/2014 02/04/2015 14/07/2015 24/08/2015 23/02/2017 05/08/2018 07/08/2018 08/08/2018 09/08/2018


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Raleigh shooting leaves victim dead
A person was shot and killed Friday night on Stone Way Lane in Raleigh, Memphis police said.
The street is within an apartment complex near the intersection of Coleman Road and Raleigh-Lagrange Road.
The police department described the victim in a Twitter post as male, but his name and age weren't immediately available. The department didn't release information about a suspect.
Reach reporter Daniel Connolly at 529-5296, email@example.com, or on Twitter at @danielconnolly.
Read or Share this story: https://memne.ws/2iqyHyW


text: amilliontravels November 30, 2017 WHALE SHARKS AND WATERFALLS IN CEBU ISLAND, PHILIPPINES As we left Hanoi last night, we land in Manila in the early morning. We will be in the Philippines for about three weeks. Dreaming of beaches, islands and new adventures, we decided to skip the big city of Manila… View Post


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Our tasks
This mobile app is designed both for iOS and Android platforms. Applicable for those, who look for the easiest way to locate geostationary satellites, coverage maps and zone, by projecting them onto a 3D globe, on their mobile devices anywhere in the world.
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Archive for July 2017
Some thoughts on Cyril Ritter's 'Corporate funding for antitrust academics can be a problem'
As promised, I am back with some thoughts on Cyril Ritter's recent post on corporate funding of academic research in antitrust. I will point out, to begin with, that the contribution is most welcome. I would like academics to discuss the issue of corporate-funded research as openly and courageously as Wouter Wils discussed the issue of prosecutorial bias in his magisterial 2004 piece on the combination of functions within the Commission.
I do not have major disagreements with Cyril. What is more, he makes some important points with which I agree wholeheartedly. I just have some comments here and there. This is arguably inevitable, as his was a short blog post, not a dissertation.
'Corporate funding changes the tone of academic discourse'
Cyril argues that corporate-funded research can have the effect of moving the efforts of academics away from basic research and towards the discussion of case-specific issues or concerns.
I agree with Cyril that there is not enough research on fundamental questions and there is certainly too much of an overflow of articles discussing individual cases or discrete sub-sets of cases. And I am ready to concede that corporate funds may exacerbate this trend – whether it is the main cause of the phenomenon is a different question.
I have long seen the trend with concern and will lead by example. If anyone among our readers is considering a PhD: forget about pay-for delay or SEPs. Think about a dissertation on fundamental, horizontal issues that will stand the test of time!
Even if I agree with the above, a reader of Cyril's post may get the impression that corporate-funded articles are always one-sided advocacy tracts. It would not have hurt to clarify in the post that this is not necessarily the case. Corporate-funded research can be as rigorous in style and substance as research funded via tuition fees and/or the public purse. Again, the example of Toulouse is one that comes to mind.
The 'subtle' and 'insidious' effects of corporate-funded research
Cyril points out that corporate-funded research may have effects that go beyond the funding of a specific piece. The same effects may be expected of consulting relationships entertained by academics. As a result of these 'subtle' and 'insidious' effects, academic work may be biased in favour of the interests of the firms funding the research or consulting work.
For the most part, I fully agree. Cyril describes phenomena that have already been identified in the relevant literature, and it is important to engage with them.
As an academic, I am far less persuaded by one of the risks he identifies, however. According to Cyril, academics may be reluctant to change their minds and contradict the viewpoints already expressed in corporate-funded work.
People who are reluctant to change their mind in public belong with druids and preachers, not with academics. The whole point of research as an intellectual exercise is to advance knowledge. Advancing knowledge involves, by definition, refining prior positions and occasionally abandoning them altogether.
I would say more: the harder one thinks about an issue, the more likely a change of mind becomes. A giant like Keynes was famous for the fluidity of his positions. 'When events change, I change my mind. What do you do?', Paul Samuelson said, when a journalist pointed to inconsistencies in the successive editions of his legendary textbook about the desirable rate of inflation.
I can also think of some giants in our field. When the latest edition of Whish & Bailey's textbook came out, I noted in the blog that the position in relation to exclusivity agreements under Article 102 TFEU had evolved. If you read my blog post, you will not be able to find the slightest hint of criticism about this change of mind. On the contrary, I celebrated it as evidence suggesting that ours is a discipline in constant flux.[1]
I understand that the above may not be obvious to non-academics. This fact may explain, for instance, why many in the EU competition law community entertain bizarre ideas about the ordoliberals. Some view ordoliberalism as some sort of cult in which a fixed set of fossilised ideas are worshipped. Nothing could be further from the truth. Ordoliberals disagreed among themselves at discrete points in time, and their views have evolved over the years, as Peter Behrens and Heike Schweitzer have brilliantly explained.[2]
Collective action and corporate funding: what about capture?
Even though Cyril acknowledges that the issue is more complex in practice, a reader may conclude from his piece that corporate-funded research typically, or as a rule, advocates positions opposed to those of competition authorities. Corporations would be in the anti-intervention camp, and public authorities in the pro-intervention camp. As a result, corporate-funded research may create a climate that is hostile to action by competition authorities, thereby harming the public interest.
However (and Cyril points this out at the beginning of his piece), it is not unusual to see corporations siding with public authorities in the pro-intervention camp. By the same token, there is no shortage of corporate funds for research advocating action by competition agencies. Suffice it to think of patent hold-up and the many companies that have funded pieces explaining why it is a real problem requiring some form of intervention.
If one takes this factor into consideration, the issues discussed by Cyril could be developed further. Instead of creating a climate contrary to intervention, corporate-funded research may very well lead to unwarranted action. Why? Companies in the pro-intervention camp may be able to exploit to their advantage the cognitive biases that Wouter Wils masterfully described in the abovementioned piece.
The risk of agency capture by 'purchasers' of regulatory intervention is well identified in the literature. It is also known that what is in the interest of companies advocating intervention is not necessarily in the interest of competition and consumers – in fact, it often has the effect of harming both competition and consumers. As Cyril rightly explains, powerful special interests can organise themselves better than larger groups, such as end-users.
There are other factors that may actually enhance the prominence of pro-intervention views. As a reader pointed out in their reaction to Cyril's post, proactive enforcement is ultimately in the interest of practising competition lawyers. In addition, pro-intervention views may be more popular in academic circles than views advocating restraint and/or arguing that there is nothing new under the sun. I was sharing this impression last month over coffee with a senior academic.
These quibbles aside, Cyril should be congratulated for enriching the debate and taking it to another level. Thanks so much!
[1] One should note, in addition, that Richard worked as a law firm partner for a number of years. This is an example suggesting that the risk identified by Cyril may not materialise in practice, or that the phenomenon may be less pervasive than he appeared to suggest in his post.
[2] I am proud to disclose that Heike was my PhD supervisor in Florence and that I was Peter's assistant in Bruges.
AG Wahl in Case C-230/16, Coty: four lessons in common sense (by Pablo)
The much-awaited opinion in Coty is finally out. When reading it, one cannot avoid wondering whether all the excitement was justified. AG Wahl's take on the issue is so full of common sense that the outcome he suggests to the Court comes across as the logical one.
The Oberlandesgericht in Frankfurt raised two key questions. The first was whether the protection of the brand image of a product is a legitimate requirement that justifies the setting up of a selective distribution system. The second is whether an online marketplace ban amounts to a restriction of competition by object within the meaning of Article 101(1) TFEU – and, by the same token, a hard-core restriction within the meaning of the Vertical Block Exemption Regulation.
AG Wahl takes the view that a selective distribution agreement aimed at preserving the brand image of a product falls outside the scope of Article 101(1) TFEU altogether if the conditions set out by the Court in Metro I are fulfilled. In addition, AG Wahl holds that an online marketplace ban is the sort of restraint that is acceptable in the context of a selective distribution agreement – and as such not restrictive by object. According to the Opinion, any such ban is comparable to the sort of restraints found in the off-line world and which the Court has already ruled are compatible with Article 101(1) TFEU.
AG Wahl also concludes that an online marketplace ban is not a hard-core restriction under Articles 4(b) and/or 4(c) of the Block Exemption Regulation. This is important insofar as it means that such a ban benefits from the exemption without it being necessary to engage in a case-by-case inquiry about whether the conditions laid down in Metro I are fulfilled.
More than the outcome, which does little more than follow the principles laid down in prior case law (full of common sense too), it makes more sense to say a word of the lessons that we can draw from the opinion.
Lesson 1: Selective distribution is primarily about preserving the brand image of a product
The protection of the brand image of the manufacturer is the primary reason behind the use of selective distribution systems. This is particularly obvious in the case of luxury products. It would make little sense for producers to resort to third-party distributors if doing so would jeopardise the image and aura of prestige of their goods. See in this sense para. 43 of the Opinion: 'Brands, and in particular luxury brands, derive their added value from a stable consumer perception of their high quality and their exclusivity in their presentation and their marketing. However, that stability cannot be guaranteed when it is not the same undertaking that distributes the goods'.
Against this background, it is only reasonable to hold that any restraints aimed at preserving the brand image of the products are not as such restrictive of competition, whether by object or effect. Any such restraints are objectively necessary for the existence of selective distribution systems in the first place (the counterfactual all over again!).
This idea is not new. As AG Wahl holds, it was already in the case law. It is an idea that is also present in the case law relating to franchising – in Pronuptia, the Court held that restraints aimed at preserving the reputation and uniform brand image of a product are not caught by Article 101(1) TFEU. AG Wahl applies a reasoning that is similar to the one found in the latter; see again para 43: 'The rationale of selective distribution systems is that they allow the distribution of certain goods to be extended, in particular to areas geographically remote from the areas in which they are produced, while maintaining that stability by the selection of undertakings authorised to distribute the contract goods'.
Lesson 2: Competition is not synonymous with 'price competition'. It is much more than that
The Opinion is also a valuable reminder that firms do not only compete on price, but also, inter alia, on quality and innovation. This is a key point that the Court understood very well in its lucid Metro I and Metro II judgments. If it was already clear in the late 1970s and early 1980s that firms do not only compete on price, this fact is all the more apparent in 2017 – I am reminded of this every time I am in a classroom full of 20-somethings that have a marked preference for pricey Apple products.
Accordingly, it is plain irrelevant to argue that online marketplaces intensify price competition among retailers. The Court and the Commission have always understood that, while selective distribution systems restrict intra-brand price competition, they promote competition in other parameters. They encourage producers to compete on the quality of their products and they provide an incentives for retailers to improve the shopping experience of end-users. Why would a restraint that is known to have such positive effects be restrictive by object?
AG Wahl summarises these issues particularly eloquently in para 46 of the Opinion: 'It should be borne in mind that the compatibility of selective distribution systems with Article 101(1) TFEU ultimately rests on the notion that it may be permissible to focus not on competition "on price" but rather on other factors of a qualitative nature. Recognition of such compatibility with Article 101(1) TFEU cannot therefore be confined to goods which have particular physical qualities. What matters for the purpose of identifying whether there is a restriction of competition is not so much the intrinsic properties of the goods in question, but rather the fact that it seems necessary in order to preserve the proper functioning of the distribution system which is specifically intended to preserve the brand image or the image of quality of the contract goods'.
Lesson 3: The scope of Pierre Fabre is confined to outright bans on online sales
Even if the above seemed clear for a long time (I have always told my students that the whole point of selective distribution is to preserve the brand image of a product) Pierre Fabre created some confusion. This is so because the Court appeared to suggest that the protection of the prestigious image of a product is not a legitimate requirement justifying the sort of restraints found in a selective distribution system.
AG Wahl argues – and I agree – that such statement must be confined to the specific circumstances of that case (para 78). In other words, he takes the view that the Court examined whether the protection of the brand image could justify an outright ban on online sales. Thus, Pierre Fabre was not making any general statements about the former. As explained in the opinion, any other reading of that ruling would contradict a consistent line of case law that acknowledges the role of selective distribution in the protection of the brand image of the producer (para 85).
Lesson 4: Competition law and intellectual property law go hand in hand
The single most important and relevant precedent for Coty was not a competition law case, but an intellectual property one. In Copad, the Court held that the licensor of a trade mark may impose restraints on a licensee aimed at protecting the brand image of its products. Accordingly, it may require the licensee to sell the product to members of the selective distribution network.
If one accepts that Copad is good law – and it is – then it is difficult to see how the Court can take a different view in relation to a contractual clause that has the same purpose. As explained by AG Wahl in paras 88 and 89 of the Opinion, any other outcome would lead to an inconsistency that would not be easy to justify.
Important- Save the Date for The Ultimate Competition Law Event- 25 October 2017
Our next and third annual Chillin'Competition conference will be taking place on Wednesday 25 October 2017. We have confirmed the date with a surprise guest (we cannot tell you more, but just a hint: she is Danish and, among other things, knits elephants).
We want to make this a uniquely interesting, fun, relaxed and disruptive conference, and we are already thinking about new formats and ideas, so:
–If you'd like to help us sending ideas or proposals our way (on new formats, themes, etc), please do so! A good idea will get you a guaranteed seat…
–If you'd like to attend, save the date! At the beginning of September we will publish a tentative programme as well as information on how to register. Remember that last year all seats were gone in 6 minutes (if you think that was fast you should have seen some of the attendees at the open bar after the conference…).
-If you'd like to sponsor it, drop us a line.
Corporate funding for antitrust academics can be a problem, by Cyril Ritter
[Cyril Ritter, an 'academically-minded Commission official' (Chillin' Competition) has recently written a post addressing one of the issues of the day. Interested as I always am in his views, I was delighted when he told us that he was keen to 'multicast' his views to make them available on our blog. I am sure there will be reactions to this piece — I myself have some comments, that I will be posting at some point in the coming days. Enjoy!]
Please note that the following are Cyril's personal views
The topic of corporate funding for academic articles — and the possibility of academic bias — have been the subject of many recent press articles (here and here), blog posts (here, here, here and here), reports (here and here) and academic articles (here, here, here, here and here, for example). This debate is playing out on both sides of the Atlantic, mostly in the areas of antitrust, intellectual property, and internet regulation.
Corporate funding has been linked to ethical issues in medical research, food safety and nutrition, financial regulation, and other fields. There is no reason to believe that antitrust law and economics are necessarily immune to such concerns.
The response from some antitrust academics has been to make a series of arguments that are not particularly consistent with each other: (a) the funding doesn't matter, only the ideas and arguments matter; (b) the campaign for better disclosure of corporate funding is itself driven by corporate funding from the other side, with a particular agenda in mind; (c) there is no evidence of academic bias; (d) there is no bias when academics express their sincere views; (e) at the same time, let's aim for better disclosure of funding — but not all types of funding.
To be fair, antitrust agencies sometimes have relationships with academics as well, either as advisers or to produce studies, or by hiring academics in part-time or short-term positions. And corporate funding for academics can take place on both sides of an argument (antitrust defendants and antitrust complainants, licensors and licensees, content providers and platforms, infrastructure owners and "over the top" providers, etc).
The one constituency which is systematically under-represented in academic debates is consumers. This is probably another manifestation of the collective action problem: more concentrated interests are better at defending themselves, while larger groups — whose members have more diffuse interests — have more difficulty organising and financing efforts to push their interests. Given that many European academics' salaries are paid by taxpayers, one would expect them to work in the public interest, instead of working for particular corporate interests (I am indebted to Ioannis Lianos for this idea).
FCP Annual Training on Competition Law and Economics: Second Edition 2017-2018
One of the activities of our friends from the Florence Competition Programme in Law & Economics (coordinated by Giorgio Monti) is the annual training on competition issues that is designed for members of competition authorities and public officials interested in the most recent developments in the field (and open, to be sure, to practising lawyers and economists!)
They tell us that registration for the second edition of the training is still open until the end of this month. More information on the programme and the faculty can be found here and in the video below.
'If the gloves don't fit, acquit!', by Denis Waelbroeck
[As promised yesterday, I am back with a post with materials from our 'workshop' on EU courts and competition law. I am delighted that this first post of the series features Denis Waelbroeck's intervention. I feel immensely fortunate to have been Denis's student and teaching assistant in Bruges. As someone who cares deeply about the EU and its institutions, it was only natural to have him with us for the occasion. He chose an important, original and timely topic – and before I forget: the title of the post was suggested by Alfonso!]
I thought that– in these five minutes you have given me – I might say a word about the EU Courts' judicial review in competition cases, but would do so from another angle than the one which has been very much at the centre of discussions post-Menarini.
There are indeed two distinct problems in my view with the "too complex to review" case-law:
- One is the Menarini problem – or the "Article 6 ECHR issue," with the Commission being prosecutor and judge, and the need as a result to have a "full jurisdictional review" – that problem is well rehearsed and extensively discussed in Fernando and Eric's excellent new book.
- there is however in my mind a second issue, which has caught less attention and that relates to the predictability of the law.
To put it bluntly, if the Court says : "this issue is too complex for me to understand and to control", then the question is: why is it too complex for the Court but not "too complex" for companies to understand ? Or to put is differently : if the law is "not clear", can you really punish parties for infringing it ?
This raises in other words an "Article 7 ECHR issue. As we know, Article 7 ECHR effectively translates into European law the old Latin rule that "nulla poena sine lege certa" ("No punishment without a clear law") (see also Article 49 Charter).
The old Romans indeed wisely held that before imposing sanctions, the law should be "clearer than the day" (Justinian Code book IV, vol XX, I, 1-258).
In other words, if the Court finds that the law is "too complex" to be applied by it, then – in my mind – this has serious consequences :
- First, you cannot impose sanctions on a party for not complying with a law which the Court itself finds "too difficult to understand".
- Second, you cannot give the Commission the "benefit of the doubt"[1]. Rather, if someone should have the "benefit of the doubt", it is the accused and not the enforcer (to put it in Latin again : "in dubio pro reo")[2].
- And still for the same reasons, if the law is not clear, not only there can be no sanction, but there can in my view be no fault giving rise to liability and damage actions.
The Swiss Bundesverwaltungsgericht has made this point nicely in its Swisscom judgment of 24 February 2010 (see 9. Wettbewerbskommission, B.2050/2007, point 4.5.1) where it ruled that the Swiss equivalent of Article 102 TFEU lacked, in and of itself, the predictability necessary for the imposition of penalties.
And also in the United States, fines will be imposed for per se violations, i.e. for cartels, but not for the more contentious infringements under Section 2 of the Sherman Act for instance. (See US DOJ Report on "Competition and Monopoly : single-firm conduct under Section 2 of the Sherman Act" of September 2008 – https://www.justice.gov/sites/default/files/atr/legacy/2009/05/11/236681.pdf).
Now, as we know, the European Courts have taken on the contrary the view that "the use of imprecise legal concepts within a provision does not prevent liability being established against a person who contravenes it. As the Commission point out, if it were otherwise, an infringement of Articles 101 or 102 TFEU – which are themselves drawn up using imprecise legal concepts, such as distortion of competition or "abuse" of a dominant position, could not give rise to a fine without the prior adoption of a decision establishing the infringement" (GC, 27 June 2012, Microsoft, T-167/08, EU:T:2012:323, para. 91).
In view of the general principle of legal certainty, I wonder whether this is the right approach.
But to make myself very clear: my point is not to criticise "modernisation", I am all for "economic based approach", but my only point is that if it implies that the law becomes "too complex" to be reviewed, then the competition authority should look at it differently : then its role is not so much to impose sanctions. Then the authority in fact becomes a regulator for the future. That is no less important and no less useful. But it changes obviously significantly the nature of the rule.
So I would like to submit that this is an important dimension which requires further thinking and discussions.
[1] Systematic approach of the European Courts, see e.g. GC, 30 January 2007, France Telecom (Wanadoo), T-340/03, ECR, EU:T:2007:22, paras 129 and 153.
[2] Ammianus Marcellinus relates in his Rerum Gestarum how Numerius stood on trial before Emperor Julian. His prosecutor, Delphidius, "a passionate man" seeing that there was not sufficient proof against the accused, exclaimed vehemently "Ecquis, florentissime Caesar, nocens esse poterit usquam si negare sufficiet? ("Oh, illustrious Caesar! If it is sufficient to deny what hereafter will become of the guilty?") to which the Emperor replied "Ecquis, ait innocens esse poterit si accusasse sufficiet?" ("If it is sufficient to accuse, what will become of the innocent?").
One week, three colleges (Bruges, King's, Pembroke): my trips in June – before it's too late
For some reason, I found myself presenting at many more conferences than I thought I would during June. Oh, well. Perhaps some fresh air was not a bad idea after a few months typing. I had a particularly intense week that started in Bruges, continued in London and finished in Oxford. Before it is too late (if it is not already), I thought I would share some materials (including the pics!).
Wednesday 21 June: In Bruges, I had the pleasure of presenting at the symposium organised by the students of the Law & Economics specialism (ELEA in Bruges jargon). Other speakers included Mike Walker (CMA), Luca Prete (Chambers of AG Wahl), Alex de Streel (Namur and CERRE) and Miguel Rato (Quinn Emanuel).
My presentation was on product design. You can find it here. We had great fun, and the event was a good reminder of how lucky I am to teach in Bruges: we went beyond the allocated time and the students wanted to go on with the discussion. At some point, I was clearly the one who wanted a break and a glass of white (and it does not happen often)!
Friday 23 June: Friday took me to King's College London. As every year for the past three, I acted as a judge in the Herbert Smith Freehills Competition Law Moot. Congratulations to Hong Kong University (and its coach, the great Thomas Cheng), for their second victory in a row! And thanks to Baskaran Balasingham (you will find him above, next to Alison Jones) for sending the picture.
Saturday 24 and Sunday 25 June: And finally, Oxford, where I shared, in the context of the legendary antitrust symposium, some thoughts on the analysis of the counterfactual in EU competition law. The atmosphere of this symposium is truly unique, and the setting (Pembroke College) does not do any harm. The Oxford competition law people (Ariel, Julian, Maria) are, I guess, very proud of their creature.
Here is the presentation I gave. The paper based on the talk will be coming out in the Journal of Antitrust Enforcement. At Oxford, my problem was the opposite than the one I had in Bruges: I wish I had had much more time to go in detail over Maria's and Ioannis's excellent comments!
As you know, the marathon continued, in Brussels, the following week, in the form of our 'workshop' (in Alfonso's jargon) on judicial review. More on this tomorrow!