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On that day when Apple has invented the iPad, many people believed it as an entertainment hub even though it has the potential as to be your personal assistant in many ways. Nowadays, people uses an iPad as a replacement of their personal notebooks, especially business people see it as their life companion!
Meeting+ for iPad is an awesome application for business people, which offers some wide range of enticing features. Are you someone who manages to control some people with you to accomplish a task? If yes, of course you will be the one who arranges some quick meetings to analyze the progress, give ideas to improve the work rate and quality and so on. No more worries if you are confused with large number of meetings, Meeting+ can be your assistant, which organizes all of your meetings easily and efficiently within your iPad!
To understand the full features of Meeting+ you need a thorough read across the user guide spotted on top right. The app has all the necessary information related to arrange a meeting that stars from even basics level to expert level agendas. With a right swipe you can see all the meetings you have created with the app and a '+' buttons makes you create a new meeting. You can sort the created meeting by ascending/descending and search for one with a related keyword. A filter options let you find out meeting based on the status such as pending, discussing and so on.
Once you have created a new meeting you can simply add people corresponding to it from the iPad contacts or add a new one by just entering the details manually. You can create a group and assign the meeting, which is very helpful to manage with meetings with your regular team. The date and time of your meeting gets synced with the iPad calendar app and even the reminders so that you are not going to miss any of your future meetings.
The thing I liked very much about the app is the well-organized bottom menu where you can easily get the access to all the factors in the meeting. Especially, the topics section is simply awesome where you can enter all the topics you need to discuss on the meeting and the app automatically tells you the exact time you started the topic and when it has been finished once you marked the topic as finished.
Another cool feature is the audio notes you can add to every meeting. It is easier to post links respective to the meeting, sort out all the action materials and finally the cost/benefit calculation of a meeting. You can simply share it via email, convert as PDF and go for a print. You can archive the meetings using iCloud, Dropbox or your iPad itself. There are still several features with this app, which I may be missed here. The only thing I have suffered from this app is the toughness in the UI as there are many things to look out and you miss some on the go.
Meeting+ is definitely a pro app that requires a good attention among the business people who used to gather for regular meetings. I am 1005 sure that you won't be disappointed for your $7.99 with this amazing application!
Our Rating: [starreview tpl=16][4.7/5]


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The Curious World of Seaweed
Free for REI Members
Free for non-members
- Group size 30 people
- Instructor Author Josie Iselin
The Curious World of Seaweed is Josie's newest book published by Heyday Books and released August 2019. Marine algae are the supreme eco-engineers of life: they oxygenate the waters, create habitat for countless other organisms, and form the base of a food chain that keeps our planet unique in the universe as we know it. In this beautiful volume Josie Iselin explores both the artistic and the biological presence of sixteen seaweeds and kelps that live in the thin region where the Pacific Ocean converges with the North American continent--a place of incomparable richness. Throughout the writings are historical botanical illustrations and Iselin's signature portraits of each specimen that reveal their vibrant colors--whether rosy, "olivaceous," or grass-green--and whimsical shapes. Iselin posits that we can learn not only about the seaweeds but also from them: their resilience, their resourcefulness, their poetry and magic. Josie will describe her path as an artist into the science of seaweed and share a few seaweed stories from her newest book, highlighting why and how these foundational organisms succeed in their ocean niche.

subset: commoncrawl


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Archive for October 2007
People Of The Plains
Posted October 27, 2007on:
The plains of Sacae are home to many different tribes and peoples. Though at first glance they would seem to be one and the same, they are actually all very unique.
FE Attack Stratagies
Posted October 21, 2007on:
This article was submited by uberzeldamaster
Some of us have different ways we battle on FE. I am here to discuss which ones are the best. Although, I really can't say much about because my attack strategy is pretty simple. Kill enough weaker enemies untilI can buy the strongest weapons and blast my way through the RPG. I'm a tank,stripped of defense. Except, "A good offense is the best defense." If that hasn't already become a quote, write it down, dang it, write it down!
emphasis on "short" story :p This is about something that Saint brought to my attention from FE 7.
Support Design
Posted October 11, 2007on:
There are a few characters who look or seem like they should be able to support with someone else,but they can't.
thats where this contest comes in.
A Side Story To Fire Emblem
Posted October 6, 2007on:
- In: Editorial | Gaiden
- 48 Comments
this article was written by Aveyn Knight
The second in the series of Fire Emblem articles aiming to raise awareness of the older Fire Emblem games. Not unexpectedly, this article is about the second Fire Emblem game, Fire Emblem Gaiden. This was a side story to the original game (gaiden means side story in Japanese), and it was released in 14th March 1992, in Japan, for the Famicom (the Japanese NES).
Update, October 1st.
Posted October 1, 2007on:
- In: Update
- 78 Comments
its once again time for me to tell you a bunch of stuff that's going to happen on FE Blog and then not do it! seriously though I have my reasons for not doing some of the stuff I said I would, and I'll explain in the article.


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Hibakushaten, with the assistance of world heritage sites Kinkakuji and Ginkakuji, will exhibit in Kyoto this summer at the Shokokuji Jotenkaku Museum.
The work of six Japanese photographers, depicting the damage caused by nuclear radiation has resonated loudly throughout the world. In the lead up to the seventieth anniversary in 2015 of the nuclear bombing of Japan, Hibakushaten has committed to promote the damage inflicted by nuclear radiation through collaboration with world heritage sites and the development of the concept, joint value of physical heritage and the heritage of victims' memories.
Kyoto city was a candidate selected by the US military for nuclear bombing during WWII. However, Kinkakuji, Ginkakuji and other world heritage sites have not escaped the damage from radiation. We believe we must clean the world of nuclear pollution and create a world without nuclear victims. Through achieving such a world the photographs of nuclear victims will then become a memory of a past world we must not forget.
Mr Raitei Arima, chairman of the Hibakushaten @ Kyoto executive committee and chairman of the board of directors of the Kyoto Buddhist Organization states that the sole of Buddhism dictates that we must protect clause 9 of the Japanese constitution and we must aim for a world free of nuclear weapons and power. Mr Arima made the decision to exhibit Hibakushaten at Shokokuji Jotenkaku Museum immediately after viewing the photos of Hibakushaten in February.
The posters are a collage
depicting Shokokuji's Kinkakuji and Ginkakuji temples (temples within temples) with two Japanese female victims of the nuclear bombings. The temple photos have been taken by renowned photographer Mr Katsuhiko Mizuno (resident of Kyoto). Mr Mizuno and Mr Itetsu Morishita (Hibakushaten photographer) have known each other since meeting at the Tokyo College of Photography. The deeper meaning of combining their photos resonated with them both.
After completing the photographic work Mr Mizuno said the following. "I initially thought the photos of the nuclear victims did not mix well with the gardens of Kinkakuji and Ginkakuji. However the lives of these victims are depicted in their photos, and I began to feel that these women were actually standing in the beautiful temple gardens".
Victim's photos
Kinkakuji: Ms Motoyo Fujiwara
Ginkakuji: Ms Hatsuko Tominaga
A sharp pain runs through her body constantly, causing her to distort her eyebrows.
Both photos taken by Itetsu Morishita in Hiroshima
In June 2012, Rio de Janeiro, Brazil, is hostingthe United Nations Conference
on Sustainable Development(Rio+20),
to mark the 20th anniversary of the Earth Summit held in 1992.
During the period between 16th June and 22nd June,
we are showing the World Hibakusha Exhibition (No More Hibakusha)
with OWABI (apologies) as part of the Future Territories,
a series of events, which run concurrently with the conference,
organised by citizens' groups the world over.
Starting with OWABI (apology/apologies) by Miho Morishita, the World Hibakusha Exhibition (No More Hibakusha)
I met a lot of elderly people who told me about their experiences of World War Ⅱ
when I worked as a home carer.
Many of these people expressed their remorse and said to me, "You should never, never make war,"
"I have done terrible things that a human being should never do," and, "I would like to apologise,
if I could, to people who suffered at our hands". They passed away with unresolved feelings of guilt.
Following the path of Ittetsu Morishita, who has fallen ill and had to discontinue his work, I would like to start the World Hibakusha Exhibition (No More Hibakusha) with words of apology.
I have many apologies to make. Apologies for Japan's war actions that inflicted terrible suffering on so many people. Apologies for not having been able to prevent the nuclear testing, the wars in Vietnam, Iraq and other parts of the world and the use of depleted uranium bombs, which created many more hibakushas worldwide, despite our experience of Hiroshima and Nagasaki. Apologies for allowing the construction of nuclear power stations under the name of "Peaceful Use of the Atom", and for causing the Fukushima Daiichi accident which scattered radiation worldwide.
Wishing to extend clear words of apology as someone from Japan, I would like to introduce the World Hibakusha Exhibition (No More Hibakusha) as an opportunity for people to look at what is happening and to think about the future. We must never waste the lessons from the sacrifice of hibakushas' lives in Hiroshima, Nagasaki and the world over.


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Ipswich Hold On For Vital 1-1 Draw Against Play-Off Rivals Wolves
Benik Afobe kept Wolves' fading promotion hopes alive as his 31st goal of the season salvaged a 1-1 draw against play-off rivals Ipswich at Molineux.
Afobe, who scored 19 goals on loan at MK Dons before joining Wolves from Arsenal in January for £2m, pounced after 50 minutes to cancel out a 21st-minute own goal from Richard Stearman.
It was a vital strike from Afobe as the Black Country side were heading for a third successive defeat which would have all but ended their play-off hopes.
While Wolves are just about still alive in the promotion race, Ipswich remain well placed for a top-six finish despite failing to hold on to the advantage they were presented by Stearman.
Ipswich boss Mick McCarthy, who was in charge at Wolves for almost six years before being sacked in February 2012, has steered them to 75 points and knows that winning their final two games of the season would secure a place in the play-offs.
Molineux manager Kenny Jackett had wanted a frenetic start and he got that through quick striker Nouha Dicko.
Dicko had been left out of the starting line-up for the previous game at Middlesbrough and he looked like he had a point to prove following his recall, with pace which tormented Tommy Smith and his central defensive partner, Wolves old boy Christophe Berra.
However, the hosts failed to make the most of his efforts and Ipswich were able to ride out the storm before taking the lead.
New Zealand international Smith rose above the Wolves defence and met a corner from Teddy Bishop that was glanced goalwards and deflected into his own net by the luckless Stearman.
Wolves took time to come to terms with falling behind and when they finally did force an attack of note Dicko saw his 33rd-minute shot blocked by Berra.
That sparked Jackett's team back into life and they were unlucky not to draw level six minutes before half-time when Ipswich failed to clear their lines.
The ball fell invitingly on the edge of the area to Dave Edwards, whose volley looked set to sneak just inside the post before Bartosz Bialkowski tipped it away for a corner.
Wolves took that freshly found momentum into the start of the second half and, after Dicko flashed a header from a Bakary Sako cross just wide, Afobe continued his prolific spell in front of goal.
Rajiv van La Parra's low drive was deflected into the path of Afobe, who reacted brilliantly to force the ball home at the far post.
With parity restored, Wolves carried more of a threat and Berra found himself working overtime to try and keep the dangerous Dicko in check.
Ipswich were penned in their own half for long spells and when they did break out, Freddie Sears failed to test goalkeeper Carl Ikeme as he dragged his 73rd-minute shot wide.
However, the hosts were by far the dominant force and Dicko looked set to make that pressure pay in the 76th minute – only to again be denied from six yards by another well timed block from the hard working Berra.
Failing to make the most of that pressure almost came back to haunt Wolves four minutes from time when substitute Chris Wood picked up the ball on the left flank and surged towards goal, only to see his shot curl agonisingly wide of Ikeme's far post.
And the hosts' frustration was capped in stoppage time when Dicko just failed to connect with a bouncing cross-shot from Kevin McDonald.


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Calgary-based Westleaf Cannabis Inc. has received an $8-million investment from Saskatchewan's Thunderchild First Nation.
In a news release, the company said the investment makes Thunderchild the largest shareholder of Westleaf, and is accompanied by a seat being allocated to Chief Delbert Wapass on the company's board of directors.
"Since its inception, Westleaf has firmly believed in investing and supporting the communities it operates in and developing meaningful, authentic relationships that are reflective of Canadian values," said Scott Hurd, oresident and CEO of Westleaf Cannabis Inc., in a statement.
"One of the defining moments for our company was our decision to partner with Thunderchild First Nation, and we look forward to building a partnership that will allow us to put a spotlight on the Canadian production of cannabis, while instilling a sense of pride and ownership in the communities we serve."
Westleaf is building a 115,000-square-foot cannabis cultivation facility on lands owned by Thunderchild near Battleford, Sask. It will also have a cultivation facility in Calgary.
"We believe that the legalization of recreational cannabis creates significant economic opportunities for our country – and our community is no exception. We are proud to be Westleaf's largest shareholder, as we strongly believe that this relationship will bring significant benefits to our band," said Thunderchild Chief Delbert Wapass in a statement. "Westleaf's strong knowledge of the industry and its vision to develop high-quality cannabis products in the prairies in collaboration with our members will make our relationship a natural and rewarding fit."
Once both of Westleaf's planned facilities are fully operational, it will have about 175,000 of square feet devoted to production and manufacturing . It intends to develop and manufacture a diverse range of cannabis products.
In April, Westleaf announced it has closed a non-brokered private placement of approximately 25 million units at $0.50 per unit for gross proceeds of approximately $12.5 million. Each unit consisted of one common share and one liquidity warrant. The company said it intended to use the net proceeds from the offering to fund Phase 1 of its cannabis cultivation facilities and prospective retail distribution locations in Alberta and Saskatchewan, as well as for general corporate purposes. Concurrently with closing the offering, Westleaf entered into a limited partnership agreement with Delta 9 Cannabis Inc. and Delta West Inc. for the joint development of a large-scale cannabis production facility located in Calgary.
Respected business writer Mario Toneguzzi is a veteran Calgary-based journalist who worked for 35 years for the Calgary Herald in various capacities, including 12 years as a senior business writer.
The views, opinions and positions expressed by columnists and contributors are the author's alone. They do not inherently or expressly reflect the views, opinions and/or positions of our publication.
Calgary's Business is a Troy Media Digital Solutions Associate website


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The political sharks and their remora-like pundits are already circling in anticipation of next year's elections. Some observers complain that modern campaign speeches, advertising and debates have little substance — lots of big teeth barred in smiles or grimaces, but very little bite. But it may be that substance doesn't matter as much as we'd like to think.A recent study in the Journal of Risk Research indicates that facts aren't likely to sways us towards one viewpoint or another — instead, we humans go with our gut and rationalize around contradictory evidence. If the researchers are right, then the winning candidates will be the ones who speak to people's emotions and not their brains.
In the current issue of Mother Jones, author and science journalist Chris Mooney looks at why charts and graphs are less persuasive than old fashioned charisma. Need to Know sat down with Mooney to discuss how our emotions are influencing our politics.


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Just to introduce myself
I'm a suspect aspie, I'm later in life finally fitting the pieces to my disastrous life together, because there was no such thing as Asperger's when I was a child. As being an only child thought my shyness to social events was due to that.
In school I was last picked for games teams, id rather play alone hopeless with multiple playmates, picked on in secondary school constantly. Shy with the opposite sex until I developed an alcohol problem to cope with social situations which gradually destroyed all of my relationships.I have always been an alternative soul, a mod as a teenager with a scooter and parka but couldn't fit in, moved on to be a biker but never fitted in in those circles either, so No friends acquired during my 50 odd years of life. Well \I did have a trusted mate after 30 years he sadly passed away suddenly with a heart attack 6 years ago which was devastating to me as he was like a brother I never had. :/
On a positive note due to work place bullying (I was a factory maintenance fitter) at every workplace I had enough and decided to build my own workshop to blow glass at home about 10 years ago. because of meltdowns and finding it difficult to make friends my amazing fiancée suggested I take an asbergers test and I scored pretty highly. I have seen my gp and hes put me forward for a formal assessment.
I never had a clue I was in the spectrum.
Hi Rob, Welcome aboard!
Glass blowing really impresses me - we had a whole department making custom scientific glassware - what an art!
I was only diagnosed at 42 - I had no clue beforehand either.
Hi Plastic
Thanks very much, its only dawned on me very recently that I may well be in the spectrum, it does tend to affect engineers, but I feel frustrated that I would have excelled far more in my life at art than being a technician, that's pushy parents for you! lol
Yeah - I'm a chartered engineer - mega-aspie.
Congratulations Plastic I subconsciously chose glass making to express my art in a way that utilises my skills as a fitter as I have lots of experience with welding and fabrication and industrial production processes which goes a long way to be able to grasp glass making tec. I spent 4 years in my man cave experimenting I found borosilicate glass was my friend my aspie traits unknowingly helped me to do it. lol
how does your aspie traits help you in your work?
Id like to help others in the aspie spectrum to find their strengths.
My aspie super-powers meant I could memorise everything - so I could be excellent at everything I tried - building satellites, running nuclear particle accelerators, manufacturing, scientific equipment etc. I have millions of hobbies - like building large RC model boats and building a house - I'm never bored.
Are you able to put some pics of your work up?
Just a very small sample but these days my work is too provocative for this site lmao
Wow - these are amazing! They are so beautiful!
Where did you learn glass blowing?
Thanks dude! :)
I had a few lessons from Emma Mackintosh in Hawkeshead in the lake District, then it's practice, practice, practice! Lol :D lessons were £180/day
At least practising with glass means you get to recycle all the mistakes.
How do you manage the furnace? Does it run 24/7 or do you buy ready-made sticks & then torch everything?
I used to watch the guys making really complicated condensers at work - one mistake and the whole thing is scrap. no pressure....


text: On Tue, Jun 08, 2004 at 12:00:21PM -0700, Josh Triplett wrote: > Also, note that the Linux kernel includes an explicit exception for > works that simply make system calls; without that exception, software > that uses any system call specific to Linux would most likely be a > derived work of the kernel, and would fall under the GPL. I still wonder if this exception is legitimate--I don't have any real examples, but with a code base the size of the kernel, I can't imagine that it hasn't imported any GPL code that hasn't granted this permission, or that they really did track down old MIA contributors. (Maybe I have the wrong impression of the kernel people, and they're more thorough with respect to licensing than I think.) -- Glenn Maynard


text:
Start spreading the news!
You are invited to join your Red (and Pink) Hat Sisters for an experience of a lifetime, where joy, laughter and the electricity of fun and friendship reign supreme in the city that never sleeps! This week in New York is also special because we'll be sharing it with the world's most impressive designers as they all converge in New York for Fashion Week!
Don't forget to email the event information to all of your friends. RHS events are better with Sisters! Invite them to join you on this fun Hat-venture.
Get in on the pre-convention chat happening on Facebook.


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Today it snowed somewhat heavily. The parking lot was a mess. I found a spot, though that put me less than a foot from cars on either side of me (you know how it goes in snowy parking lots). I'm assuming that's what this is about. I got back to my car after a day of teaching and found a bag of garbage stuffed under my windshield wiper with a note stuffed into it.
I guess I can take comfort in knowing that at least this student can spell these basic words (good job, anonymous SUNY Fredonia student!). On the other hand, what if I actually were African American? I probably wouldn't be so calm about this. I don't think the person saw me at all, given the snowstorm while I was parking, but who knows?
This doesn't seem like the kind of thing to report to the police, but it's disconcerting knowing that a student who thinks this is OK is enrolled in my school.


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Originally published on my former blog: Gypsyscarlett Weblog on April 30, 2012
Originally published on my former blog: Gypsyscarlett Weblog on April 30, 2012
There are films you see as a child, which although the name of it is long forgotten to you, fragments of scenes, the way it crawled under your skin, remain intact. And years later, you are flicking the channels when you come across that seem bony hand, those same drops of water. "This was that movie," you say.
Directed by the sublime Mario Bava (Black Sunday, Kill Baby Kill), Black Sabbath was a 1963 Italian horror trilogy. Its original title, I tre volte della paura ( The three Faces of Fear) consists of one, "The Telephone" in which a woman named Rosy, beset by terrifying phone calls, fears the ex-pimp she helped put away, is out now, seeking revenge. Second, "The Wurdalak", in which a woman loses her child to a vampire. This story set in 19th century Russia is exceptionally haunting and beautifully filmed. Yet it is perhaps the third one, that remains most memorable to any who saw it:
"A Drop of Water"
Everyone knows not to steal from the dead. Except, evidently, Victorian Nurse Helen Chester. While dressing the body of a deceased patient, she slips a saphire ring off the corpse's finger. The deed done, she knocks over a glass of water, its contents spilling onto the floor. A fly attacks her face.
Pulling herself together, she continues her work.
Once finished with the assignment, she returns home to her apartment. Ready to rewind and relax for the evening, her plans are hindered by the buzzing of flies, and the tip-tapping of water. And then there is that face. That face. And those hands. . .
From youtube, in the Original Italian: (don't worry, you don't need to speak the language to understand what is happening)
http://www.youtube.com/watch?v=G5URt0IDd84 (part one)
http://www.youtube.com/watch?v=v7WYuBHz2Jg (part two)
http://www.youtube.com/watch?v=HHotHCMSEdc (part three)


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Image courtesy of FIBA
The Junior Men's National Team (JMNT) has earned a 95-57 victory over Iran at the FIBA U19 World Championship for Men. With the win, Canada improves to a record of 2-3 in the tournament while Iran fell to 1-4.
Canada emerged focused and determined on the day. A mostly even quarter was broken wide open with a 15-4 run to close-out the first 10 minutes of play. The second frame saw both teams buckle down and focus on the defensive end. Canada forced eight first-half turnovers from Iran while committing only two. At halftime, Team Canada held a 42-35 advantage.
A re-energized JMNT took the court in the second half as Team Iran looked to continue its strong play from the second quarter. The third began with back-and-forth play with both sides shooting the ball well. Iran looked dangerous early-on, but a resilient Team Canada focused on combining strong defence with timely offence. Canada's strong ball-movement led to a 12-2 run to wrap-up the period. The fourth saw the JMNT continue its sharp-shooting as the Canadian side went on to outscore the opposition 27-7 to finish the match.
The JMNT featured a balanced attack with Saskatoon, Saskatchewan's Trey Lyles leading the way. Lyles finished with a game-high 18 points, while four others notched double-digits on the day: Chris Egi (15), Xavier Rathan-Mayes (13), Tyler Ennis (12) and Joe De Ciman (10). Ajax, Ont. native Kaza Keane displayed his strong all-around game and finished with nine points, seven rebounds, eight assists and three steals. Team Canada's tenacious defence produced 20 turnovers, while the Canadians committed only four. A full set of the game's statistics can be viewed here.
Keane spoke of the team's leadership when asked to comment on tonight's game. "We bounced back and learned from our mistakes from last night. We had a team meeting today and the captains got us focused on what was ahead. We came out with a strong team effort against Iran and got the win."
When asked about his team's performance, head coach Roy Rana said, "It was great to see our guys bounce back with an intense and focused collective effort versus a good Iran team. We look forward to the challenge ahead of us tomorrow."
Team Canada will finish the Eighth Final Round with a match-up against Argentina on Wednesday at 7:15 a.m. (ET). The Argentinian squad sits at a record of 1-4 following Tuesday's 74-58 loss at the hands of Spain.


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Pilgrimage to Fatima Shrine in Holliston, MA
To commemorate the Centennial Anniversary of Our Lady of Fatima, the Maronite Servants of Christ the Light facilitated and led a pilgrimage to the Shrine of Our Lady of Fatima in Holliston, MA on Sunday, May 21st. The Shrine is maintained by the Xaverian Missionaries in the U.S.A. We were joined by families from St. Anthony of the Desert parish as we prayed the rosary at a beautiful outdoor shrine. This Shrine has an enormous rosary made of very large stones, held together by a chain donated by the U.S. Navy. On each of the large stones, appears the "Hail Mary" prayer written in different languages. Following the rosary, we gathered together in the Church where Fr. Rocco offered Exposition and Benediction of the Holy Mysteries, and we offered Maronite Evening Prayer (Ramsho).


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Princess Fatma Neslişah Osmanoğlu (Neslişah Sultan) was the last member of the Ottoman ruling family born (February, 1921) before the fall of the empire in 1924. She was a descendent of Osman Gazi who founded the Ottoman Empire more than 600 years ago. She was a paternal granddaughter of the last Ottoman Caliph Abdülmecid II and maternal granddaughter of the last Ottoman Sultan and Caliph Mehmed VI Vahdettin. .In 1940 she married the Egyptian Prince Muhammed Abdel Monem. They were exiled from Egypt in 1953 when Egypt became a republic under Gamal Abdel Nasser. They initially lived in France but were allowed to return to Istanbul in 1957. She lived the remainder of her life in Turkey. Her death earlier this month was the last of the Ottoman Royals born before the fall of the empire.
Tomorrow, An Unlikely Sultana Rita Bay


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Rian Johnson's highly anticipated Star Wars: Episode VIII was just announced. And the title is… Star Wars: The Last Jedi!
Here's what Disney had to say about the title, their fans, and the next chapter in the Skywalker Saga in a press release:
We have the greatest fans in this or any other galaxy. In appreciation of the fans, we wanted them to be the first to know the title of the next chapter in the Skywalker saga: Star Wars: The Last Jedi
Star Wars: The Last Jedi is written and directed by Rian Johnson and produced by Kathleen Kennedy and Ram Bergman and executive produced by J.J. Abrams, Jason McGatlin, and Tom Karnowski.
Star Wars: The Last Jedi is scheduled for release December 15, 2017.
And here's your first look at the new title in poster form!
Lots of folks on social media are already freaking out over the title. What does it mean? Who is it talking about? Is the saga really going to conclude, and will we never see a Jedi again? What about the Sith?


text:
The remarks on women and how they should dress and behave made by National Service Scheme (NSS) project officer Rejath Kumar at the conclusion of the Department of Education's 'Moolya Bodhana Yathra' here on Friday have drawn sharp criticism, with women's organisations demanding that he criminal proceedings against him.
In his speech at the College for Women, here, Mr. Kumar had said that a woman should lead an obedient life and should not try to do everything that a man does.
"If girls try to jump the way boys do, they would fall and their uterus would be displaced… As a Biology teacher, let me tell you that men need less than 10 minutes to impregnate a woman. However, the women have to bear a child for nine months. All girls must understand this," he told the audience who were mostly girl students from various schools and colleges.
Mr. Kumar said it was easy for beautiful women to attract men. "You (women) put on a lot of makeup and attract men. However, such a relationship is short-lived, as the husband will lose his interest once the make-up gets blotchy. ", he said.
When a student of the College registered her protest against all this with catcalls, Mr. Kumar said, " …let us forgive her. The problem is with the DNA and the gene".
Rabb reacts
Education Minister P.K. Abdu Rabb told The Hindu that he had called for the full transcript of Mr. Kumar's speech at the college. "I will read the full speech and then initiate suitable action," he said.
Talking to The Hindu, S. Susmitha, a student of the college, said Mr. Kumar had no right to speak this way about women.
He said 80 per cent boys whom he had seen during this programme were innocent while the girls were not. "How can he give such a speech, that too, at a girls' college. We sat there throughout the programme because we had to. Many were already very frustrated with the kind of language that he was using," said Ms. Susmitha.
Mercy Alexander of 'Sakhi' a women's group, said a complaint should be registered against Mr. .Kumar for making such derogatory comments about women in a public programme organised by the Education Department. Ms. Mercy said she had already spoken to the State Police Chief on this.


text: testimonials "Alex did the most fantastic job at my wedding I loved all his work that he done for me and would recommend him for any job ill be using him again fantastic job"Pieta and Alistair "Alex was fantastic! He was so professional and captured all the memories at our engagement party. The DVD even came in a beautiful case with a photo of us on the front and the DVD imprinted with a photo. Thanks for helping us capture all the best parts of our night. Looking forward to working with you again. We had so many compliments from our guests about his work and the photos turned out wonderful! Thanks again!!!" Iba and Charlene "I can't recommend Alex of Mighty Vision more highly, he was professional and such a great help on our wedding day, added to that our photos are AMAZING. Thank you so very much for everything" Elise & Goran Popovic "Alex from Mighty Vision was very fast to respond to all queries, was eager to understand what we needed, and was able to provide a very high level of service on the day! He was punctual, not bossy, took great photos and when we received the final product, we were very pleased with the final results. Great value for money, too. Thank you very much!" Kate & Lewis "Alex was our photographer for our wedding in Feb. Alex and his assistant were professional and friendly to work with. Most of all we received lots of compliments from our guests and families. Thank you Alex for the great pics!"Carina & Rory "I couldn't have asked for a better photographer for our special day. He gave us an amazing service for an amazing price. Alex was also very nice and got along with all our guests. He just blended in to get all the amazing canded shots we wanted. Thank you for your service."Mr. & Mrs. Hutchinson. "Alex was fantastic!! Our photos were amazing. He made us and the guests feel so comfortable. Very friendly and approachable, highly recommended. Thank you Alex!!"Paula & Tim "Alex Kuo did a fantastic photography job at our Wedding and for our post-Wedding photos. He is a very hard worker who has great artistic skills. We were really impressed with the photos and he was very accommodating to our needs as well as being proactive with providing ideas. We would recommend him to our family and friends."Ben & Michelle "I would highly recommend Alex from Mighty Vision for your special day. Alex is warm and approachable, highly professional and has an artistic eye. He arrived at the venue before we did and knew exactly where he wanted to be and had the lighting the way he wanted before I even entered the waiting room. The photos are amazing and arrived very quickly and the discs were beautifully packaged. 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He was punctual and professional in all aspects of his trade. The photo's of our house was so good I thought I was looking at someone else's home. He followed up as to when the Cd arrived. Recommend this man and his camera for any job."Eddy "Alex at Mighty Vision photography was incredible. I'm so happy I found him for my wedding. He was incredibly professional,very well organized and has a wonderfully artistic eye. Alex was very efficient in responding to emails, answering questions and provided me with all the details I required. All of our guests commented on how wonderful he was and are looking to get him for their special occasions. Hiring Alex was the best wedding planning decision I made. A brilliant photographer. Thank you so much." Bianca & Jay "You have done an amazing job even though it was quite challenging due to the rain and limited time with us. I love the shots of the car arriving and the sweeping landscape. There are some lovely shots of Colin and myself and you even managed to capture Ewan looking beautiful (when he spent most of the time screaming or hiding).Thank you for removing Grandma's walking frame for me! It certainly has improved those pictures which are lovely as they show the back of the dress in full.That's fine if you would like to use some for your site, we would be flattered.Thank you for being our photographer, we couldn't be happier....All the best for the future and happy new year!"Amy & Colin "The photos are wonderful thank you very much.Fantastic photos"Kylie & Lucas "Hi Alex, Thank you so much for being the photographer at our wedding. The photos turned out amazing. We would highly recommend you for any special event. Thank you again."Dominique & Kevin "Thank you very much i received the photos they are great, Thank you very much for all your work."Kelly & Wayne Cooper "I received the wedding photos on Wednesday, they are amazing you did such a wonderful job I can't thank you enough. The attention to detail and the unposed shots were fantastic. I can't not find a thing I would change.Again thank you I will highly recommend you to everyone I know, as a matter of fact my best friend has just booked you to do her wedding in february so I will see you again then."Ashleigh & Keith "Great service and value for money... Knows how to take the right pics... We were very happy with Mighty Vision and results delivered"Bobby & Apple "We have received the photos and they look fantastic, thank you so much for all the hard work you put in for us"Karl & Peta "We have received the photos and they are wonderful. You're very clever and I would recommend you to all my friends. Thank you so much for making our day so special and memorable."Trina & Jason "Alex did a fantastic job for our wedding. He is a professional photographer who knows exactly what he is doing. He is punctual and has a very friendly approach and nice personality as well. As far as communication is concerned, he is prompt and provides all information once requested. Alex was kind enough to stay more than the required time for us and we are really grateful for this. Not only he attended to my requests but he also attended to my guests' requests and they were very pleased as well. All the pictures are of good quality and they look great! We have no hesitation in vouching for Alex's good job quality for it's extremely reasonable price!"Dana & Aman "We were very happy with Alex. He arrived 15mins early and was very helpful. He was very professional and the photos came out great! We would definitely recommend Alex to anyone. "Brian "We were more then happy with Alex. There was great communication leading up to our big day and he worked tirelessly through out our wedding. He was very prompt on sending us the DVD to view what photos we wanted printed and the photos we chose were sent to us within a few days of confirming what prints we wanted. You couldn't find a better deal then he has to offer and we highly recommend him."Angie & Mike "Alex did a fantastic job at our wedding in Melbourne. He had a pleasant approach and took a nice variety of shots, even in only the short time period we hired him for, and delivered both raw and processed image files ahead of schedule. His warm personality made an invaluable contribution to the atmosphere at our wedding and I would strongly recommend him to anyone."Neil & Xue "I would definitely recommend Alex, he is a really great professional photographer A+. Takes fantastic photo's that are simple, elegant, surprising, funny and unique. Very enjoyable to be around with and gets along easily with all the guests. Overall experience made the night memorable during the event and when receiving the photo's to look back on. Thank you."Quoc & Cecille "Alex was great - professional, friendly and timely service! We were happy with the photos taken and the disc of photos received, as was our client. The turnaround between event and receipt of the finished product was important to our client and Alex managed to get the photos to us even earlier than anticipated. We have booked Mighty Vision for our Melbourne based events for the rest of the year! "Zowie Brosens "Good work, cordial, on time, good follow up, certainly would use them again"Michael Manias "very professional, punctual, friendly, never stop for a moment. we are fully satisfied and happy with the service. He did a great job and made our special day memorable. we are also happy with service including DVDs.Ravi & Krishna "What can I say about Alex at Mighty Vision? Punctual, friendly, professional, honest, and hard-working. I guess I can say all of these things about Alex on our wedding day. We had our wedding in the city of Melbourne at the old Treasury building on April 17, 2011. With fairly short notice, Alex said he could make it to the wedding, and turned up with all of his gear. Clearly, he has done this before for many weddings. He already knew exactly where to go. He arrived a little bit earlier than expected, and started getting to work as soon as possible. Even before the wedding ceremony, he took quite a few photographs, which we now have. He also took many photographs during the wedding ceremony with the legal signings, et cetera. Luckily, we had fantastic weather with a cloudless blue sky in Melbourne at 4 PM. After the wedding service, he took us into the Treasury Gardens, and asked us where else we would like to have photographs. He took some fantastic photographs with all of the family, friends, group photos, and with us in the park afterwards.He asked us where we would like to finish our for our contract, and followed us and our guests to our wedding reception at a restaurant we had chosen. Very quickly, he looked around and assessed the situation, continuing to take photographs at the wedding reception. He has a good eye for flare and art, but with digital technology anyway, he just kept taking lots and lots of photographs. I was so impressed with his service early, that I paid him the remainder of our contract before he even went to the wedding reception. After our requested three hours, he asked for his leave, which was well deserved. As we requested, after a couple of weeks we received all of our photographs in high and low definition on DVD in sepia and colour. He must have spent a little bit of time choosing the best photographs, and we are both very happy with the results. Thank you very much Alex. I don't think we can recommend him highly enough."Keith Wing Shing & Kanyapak


text:
This article first appeared in the CCH Competition and Consumer Law Tracker, Issue 4, April 2012
Recently, there has been a great deal of media attention about the power of the two major supermarket operators – Coles and Woolworths. In particular, there have been claims that these two companies have been using their market power to bully their suppliers and engage in unconscionable conduct.[1] That these two companies have a substantial degree of market power in various product markets as a buyer of goods and services is without question. However, the more difficult questions are (1) what exactly have these two companies been doing in the market which has been causing so much concern and (2) assuming that their conduct has been illegal, how can such conduct be stopped. A good starting place in answering the first question is to look at the history of these companies in terms of illegally interfering with suppliers and competitors. The answer to the second question is considerably more complex.
The best starting place in seeking to understand the types of conduct which Coles and Woolworths may be engaging in at the present time, is to look at the anti-trust history of both of these companies. As stated above, both companies have been found to have engaged in illegal bullying-type conduct in the past.
Safeway case
The first relevant case involved Safeway Stores Pty Limited, a subsidiary of Woolworths, which was decided in 2003. In this case,[2] the ACCC took action against Safeway for alleged contraventions of section 45, 46 and 47 of the then Trade Practices Act 1974 (TPA). Specifically the ACCC alleged that Safeway had misused its market power by ceasing to sell George Weston's bread because a number of Safeway's competitors had commenced selling this plant baker's branded bread at discounted prices. In other words, Safeway had decided to punish George Weston because it was selling cheap bread to Safeway's competitors.
That Safeway was seeking to punish George Weston in relation to its supply of discounted bread was clear when it emerged that Safeway had deleted more George Weston bread brands than had been discounted by Safeway's competitors. As explained by the Full Federal Court:
… in each of the nine incidents there were "over-deletions" by Safeway; that is to say, Safeway deleted a wide range of the plant bakers' bread and related products and not just the same kind of bread as the independent stores had been discounting.[3]Ultimately, the Court found that Safeway's purpose in deleting the plant baker's products had been to:
…deter the bakers concerned from engaging in competitive conduct by supplying cheap generic bread to the independent retailers.[4]In other words, Safeway's purpose in deleting these bread products was not to ensure that it obtained the lowest prices from its suppliers, but rather to try to stop suppliers from selling "cheap generic bread" so as to keep market prices up.
Safeway was fined a total of $8.9 million, including approximately $2 million for each of four separate contraventions of section 46.[5]
Liquor case
In 2003, the ACCC commenced legal action against both Woolworths and Liquorland Australia Limited, a subsidiary of Coles, in relation to a number of restrictive agreements with potential competitors the NSW liquor industry.[6]
The ACCC alleged that Woolworths and Liquorland had engaged in anti-competitive conduct in breach of section 45 of the TPA by entering into alleged restrictive agreements with a number of operators of licensed premises in New South Wales. The ACCC claimed that Woolworths and Coles had entered into these agreements for the purpose of restricting or preventing the supply of packaged takeaway liquor to retail consumers in various local markets.[7]
The way in which Woolworths and Liquorland did this was by lodging objections to virtually all new liquor licence applications in NSW and then seeking to force the applicants to agree to restrictive terms. The restrictive terms were aimed at preventing the applicants from engaging in the following competitive conduct:
- selling packaged takeaway liquor from their premises
- opening a dedicated bottleshop
- establishing a separate drive-through bottleshop
- advertising or conducting promotions for the sale of packaged takeaway liquor over the counter to consumers
- being able to offer home delivery services for packaged takeaway liquor to consumers, for parties, functions or home consumption
- increasing the size of their licensed premises to meet potential increased consumer demand
- holding particular volumes of packaged takeaway liquor on their premises in order to meet consumer demand.
- an illegal cartel due to the existence of exclusionary provisions; and
- an agreement which had the purpose of substantially lessening competition in a local market.
A substantial purpose of the [Woolworths] objections and of the provisions was to prevent the licence being or becoming the platform or vehicle for a market entrant without restriction on its licence… It was a purpose to ensure, as far as was possible by the provisions, that the licence to be granted could not in the future be available as a scarce and potent item to be used by an entrant to the business of selling takeaway liquor in the local area where Woolworths had, or would shortly have, a liquor outlet.[8]In other words, the ACCC's case succeeded because it was able to prove that Woolworths and Liquorland's purpose in entering into these deeds had been to substantially lessen competition in a number of local packaged takeaway liquor markets.
Lying at the heart of the Act is the competitive process. A subjective purpose of a substantial commercial entity of substantially affecting competition is of the utmost seriousness. This is especially so when experienced senior officers undertook such conduct deliberately to ensure that licences did not become any form of competitive platform or threat. Whilst no particular effect was proved, I should approach the matter on the basis that the conduct was seen as relevantly important to protect Woolworths' interest by ensuring the absence of a competitive platform. It was of relevant commercial significance to Woolworths and should be viewed in that light.[9]
The Federal Court ultimately imposed total penalties of $11.75 million, consisting of $7 million against Woolworths and $4.75 million against Liquorland.[10]
Restrictive leases
In 2009, the ACCC announced that it had achieved a "major breakthrough for grocery competition in Australia".[11] The "breakthrough" referred to a deal brokered by the ACCC which saw Woolworths and Coles agreeing not to enforce restrictive provisions in over 700 of their leases with supermarket landlords around Australia (Settlement). Dr Craig Emerson, the relevant Minister at the time, described the Settlement as "pro-competitive".[12]
The Settlement was contained in two separate section 87B undertakings (Undertakings) from Woolworths and Coles to the ACCC. The Undertakings stated that in the course of the ACCC's investigations, it had identified the existence of a wide range of restrictive provisions in lease agreements which could prevent the entry of supermarket operators into shopping centres.
The ACCC identified provisions in these agreements which had the effect of:[13]
- prohibiting the lessor from granting a lease agreement to, or allowing the entry of, another supermarket operator in the shopping centre in which the relevant (Woolworths and Coles) supermarket is located;
- imposing a penalty upon the lessor if the lessor granted a lease agreement to, or allowed the entry of, another supermarket operator in the shopping centre in which the relevant (Woolworths and Coles) supermarket is located;
- prohibiting the lessor from granting a lease agreement to another supermarket operator, or to another supermarket operator over a certain floor size, in which the relevant (Woolworths and Coles) supermarket is located.
The Undertakings then set out what Woolworths and Coles had agreed not to do as part of the Settlement – namely:[14]
(a) not to give effect to, or threaten to give effect to, a restrictive provision contained in a lease agreement that is in operation as at the commencement of this Undertaking, after a period of five years from the date at which the relevant (Woolworths or Coles) supermarket commenced trading; or
(b) not to enter into a lease agreement that includes one or more restrictive provisions.Lessons from history
The above three matters involving Woolworths and Coles tell us a great deal about the types of anti-competitive conduct which these companies have engaged in the past and may be engaging in at the current time.
First, Woolworths and Coles have a history of pressuring suppliers not to supply products and services (such as shopping centre space) to their competitors, either at all or at discounted prices. While the strategies implemented in the cases discussed above were blatant, it is likely that Woolworths are Coles are achieving the same type of outcomes now, albeit through more subtle means. For example, a likely strategy would be the inclusion of most-favoured nation clauses in their contracts with suppliers, which would have the effect of preventing suppliers from selling discounted product to their competitors.
Second, Woolworths and Coles will no doubt be continuing to use their legal rights of objection to oppose applications by their competitors for licences and planning permissions. As was shown in the liquor case, the fact that Woolworths and Coles may be exercising legal rights conferred upon them by legislation may not protect them from Competition and Consumer Act 2010 (CCA) if the ACCC can show that they are engaging in such conduct for an anti-competitive purpose.
Third, it would appear that both Woolworths and Coles have recognised that there is little point amassing a great degree of market power unless they can also take steps to entrench this market power by preventing new entry. Both Woolworths and Coles have sought to do this by entering into restrictive agreements with landlords and competitors for the purpose of keeping new entrants out of their markets.
What should the ACCC's approach be?
The ACCC has a very difficult task in trying to reign in the substantial degree of market of Woolworths and Coles. This is because competitive conditions in the relevant markets have deteriorated very significantly over the last 10 years, since the collapse of Franklins as a competitive force in grocery retailing.
The first challenge facing the ACCC will be to establish the appropriate internal structures to properly investigate any alleged misconduct by Woolworths and Coles. The ACCC will need to establish a dedicated supermarket investigation team, which is staffed by experienced and capable investigators. The ACCC should avoid the temptation of putting lawyers in charge of this investigation, as lawyers generally do not have the investigatory skills needed to conduct major investigations
The second challenge facing the ACCC will be to gain the trust of suppliers. Unless the ACCC can win the trust of suppliers, the ACCC will not be able to obtain the information it will need for its investigations nor the evidence it will require to win its court cases. This will be a major challenge for the ACCC as it has limited ability to protect witnesses from retribution. The only avenue which the ACCC may have in this regard is to make it clear that it will not hesitate to pursue actions under section 162A of the CCA in relation to any suspected retribution against any supplier witnesses. Section 162A of the CCA states:
A person who:
(a) threatens, intimidates or coerces another person; or
(b) causes or procures damage, loss or disadvantage to another person;
The third challenge for the ACCC will be to complete its investigation in a timely manner. If the ACCC casts its net too widely, it is going to struggle to complete its investigation in a reasonable period of time, which may result in evidence getting stale or potential witnesses changing their mind about assisting the ACCC. The ACCC needs to focus its attentions on allegations which are both less complicated and which raise significant market issues. The ACCC must then focus its resources on bringing these cases to trial. The ACCC must avoid the temptation of eitherfor or on account of that other person proposing to furnish or having furnished information, or proposing to produce or having produced documents, to the Commission…is guilty of an offence punishable on conviction by a fine not exceeding 20 penalty units or imprisonment for 12 months.
- pursuing simple cases because they will have little market impact; or
- trying to pursue complex cases with great market impact because such cases will take a long time to prepare and be difficult to win.
The ACCC should obviously focus its attention on allegations of conduct which are similar to the types of illegal conduct which Woolworths and Coles have been found to have engaged in previously (as outlined above). The benefit of focusing on such conduct will be that if the ACCC is successful in its litigation against Woolworths and Coles, it will have a strong basis for asking the court to impose significant penalties because of their status as repeat offenders.
Since 1 January 2007, the maximum penalties for anti-competitive conduct, including contraventions of section 46 of the CCA, have been the higher of:
- $10 million; or
- three times the gain from the illegal conduct; or
Therefore, under the CCA both Woolworths and Coles could now be liable for a maximum civil pecuniary penalty equivalent to 10% of their annual revenues for a competition law breach. To put that in context if we use Woolworths' 2011 annual revenue figures,[15] this would equate to a maximum pecuniary penalty of almost $5 billion. While it is unthinkable that an Australian court would ever impose a fine of such magnitude, there is a clear statutory intention that civil pecuniary penalties for anti-competitive conduct must rise significantly and far beyond the levels which have traditionally been sought by the ACCC and imposed by the Federal Court in relation to competition cases.
- 10% of the offender's annual turnover (if the gain cannot be calculated).
The ACCC can no longer fail to seek a penalty at all, as it did in relation to the restrictive shopping centre agreements entered into by Woolworths and Coles, or ask the court for an insignificant penalty, as it did in the Ticketek case,[16] where it sought a total penalty of $2.5 million for four deliberate contraventions of section 46. Rather the ACCC has to start asking the court for penalties which will have a significant financial impact on the offending company. I doubt that a civil pecuniary penalty of anything less than $50 million would have a profound and enduring effect on large publicly listed companies such as Woolworths and Coles.
The ACCC should also urgently reconsider the Settlement it reached in 2009 with Woolworths and Coles in relation to the restrictive shopping centre agreements. One aspect of the Settlement which did not get a great deal of attention in the media at the time was the fact that the Settlement did not apply to restrictive provisions in leases which had been in operation for less than 5 years from the date that the relevant Woolworths or Coles supermarket commenced trading.[17] In other words, the ACCC effectively permitted Woolworths and Coles to continue enjoying the benefits of the restrictive provisions in 148 agreements for a period of up to five years or up until 2014.
It is not clear why the ACCC agreed to this exception - either the restrictive provisions in the lease agreements were illegal and should be prohibited or they were not – there is no middle ground. Furthermore, the Undertakings contain no explanation of the reasons for this "carve out".
The ACCC's agreement to exempt 148 restrictive agreements for up to five years is even more puzzling when one considers the clear statement made by the ACCC in the Undertakings about the potentially anticompetitive effects of these restrictive provisions. In the Undertakings, the ACCC stated that it was concerned that these restrictive provisions:
- may have substantially lessened competition in retail grocery markets; and
- may have prevented and hindered other supermarkets from entering retail grocery markets.
(1) substantially lessening competition;The ACCC should urgently review this Settlement and if necessary undo its anticompetitive effects. The ACCC's justification for undoing this settlement would simply be that it should not have entered into a Settlement with such an obvious anticompetitive effect in the first place.
(2) excluding competitors from markets and
(3) leading to higher grocery prices for consumers.
The ACCC should also focus its attention on the existence of restrictive agreements between Woolworths and Coles and shopping centre owners in relation to bottleshops. There have been numerous anecdotal reports that Woolworths and Coles have also entered into restrictive agreements with shopping centre owners in relation to their bottleshops. If this is the case, the ACCC should ensure that it investigates this allegation immediately and pursues a litigated outcome, with significant civil pecuniary penalties.
What needs to change?
The ACCC has the ability to punish Woolworths and Coles severely for its anticompetitive conduct. As stated above, the ACCC can seek civil pecuniary penalties of up to 10% of their annual revenues for contraventions of the competition provisions of the CCA. The ACCC can also seek civil pecuniary penalties of $1.1 million for each contravention of the unconscionable conduct provisions of the Australian Consumer Law.
However, ultimately there is limited utility in the court simply imposing large civil pecuniary penalties against Woolworths or Coles, without trying to pursue some additional remedy which may reduce the degree of market power which these companies enjoy in the market.
Some commentators have suggested that a possible solution would be to create a Supermarket Ombudsman.[18] However, it is hard to see how such an Ombudsman could be effective in curbing the power of Woolworths and Coles, unless the Ombudsman was given substantially more power than the ACCC, which is unlikely.
A more sensible, but admittedly highly controversial, proposal which has been made[19] would be to amend the CCA to give the ACCC the power to seek divestiture of assets in circumstances where it has proven that Woolworths or Coles have misused their market power to damage competition.
In the United States, divestiture has long been recognised as one of the remedies which can be sought in relation to monopolisation cases under antitrust laws. Whilst this remedy has only been sought on rare occasions, there are two notable examples.[20]
The first divestiture in US antitrust history in relation to a monopolisation case occurred in 1911 when the US Supreme Court ordered the dissolution of the Standard Oil Trust into 34 separate companies after the company had gained almost monopoly power in the US fuel industry.[21] The other significant divestiture case occurred in 1982 when AT&T consented to being broken up into seven regional service companies or "Baby bells" after becoming a virtual monopoly in the provision of telephony services.[22]
These cases show that a divestiture remedy is both feasible and appropriate in situations where a company has amassed a substantial degree of market power and has used that market power to damage competition.
A divestiture remedy is also a remedy which could be applied quite effectively in the supermarket industry. For example, the ACCC would be able to seek an order from the court that Woolworths or Coles be required to sell a particular store or stores to its competitors to enhance competition in the market.
The ACCC has a very difficult task ahead of it in seeking to properly investigate the various complaints which is it receiving from suppliers about the alleged illegal conduct of Woolworths and Coles. However, history would suggest that the ACCC should focus its attention on three main areas (1) conduct which is similar to the illegal conduct engaged in by Woolworths and Coles in the past, (2) the terms of the 2009 settlement with Woolworths and Coles in relation to restrictive leases, and (3) the possible existence of restrictive agreements in the liquor industry.
To be successful in its pursuit of this conduct, the ACCC will have to quickly focus its efforts on two or three promising cases, rather than casting its net too wide. In this way, it will maximise its chances of running a successful case. The ACCC must also make sure that it does not "drop the ball" once it has identified an appropriate case, by either not seeking a civil pecuniary penalty at all or seeking an entirely inadequate penalty. The ACCC's ability to seek significant civil pecuniary penalties in misuse of market power cases should be supplemented by a divestiture power.
The ACCC has created a great deal of expectation that it will achieve a significant outcome in its investigations of Woolworths and Coles. Indeed, the reputation and credibility of the ACCC and its Chairman will be made or lost depending on the outcome which the ACCC achieves in this investigation. If the ACCC is going to have any chance of delivering on this expectation, it must make sure that it does not ignore the lessons of history.
[1] For example Supermarket giants attacked for intimidation, Lateline,
March 2012 - http://www.abc.net.au/lateline/content/2012/s3460798.htm
[2] Australian Competition and Consumer Commission v Safeway Stores Pty Limited [2003] FCAFC 149 - http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCAFC/2003/149.html?stem=0&synonyms=0&query=title(safeway%20)
[3] Ibid., para. 16.
[4] Ibid., para. 276.
[5] Australian Competition and Consumer Commission v Safeway Stores Pty Limited [No. 4] [2006] FCA 21- http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2006/21.html?stem=0&synonyms=0&query=title(safeway%20)
[6] The author was the Director in charge of the ACCC's investigation and litigation against Woolworths and Liquorland. ACCC institutes legal proceedings against Woolworths, Liquorland alleging anti-competitive liquor deals, ACCC news release, dated 30 June 2003 - http://www.accc.gov.au/content/index.phtml/itemId/346179/fromItemId/378016
[7] Ibid.
[8] Australian Competition and Consumer Commission v Liquorland (
Pty Ltd and Ors [2006] FCA
826 at para. 831 - http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2006/826.html?stem=0&synonyms=0&query=title(liquorland%20) Australia
[9] Australian Competition and Consumer Commission v Liquorland (
Pty Ltd and Ors [2006] FCA
1799 at para. 15 - http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2006/1799.html?stem=0&synonyms=0&query=title(liquorland%20) Australia
[10] Ibid., para. 34.
[11] Supermarket agreement opens way for more competition, ACCC news release, dated
18 September 2009 -
[12] Competition barriers to major supermarkets being torn down, Media Release by The Hon Dr Craig Emerson, Minister for Innovation, Industry, Science and Research, dated
18 September 2009.
[13] Undertaking to the ACCC given for the purposes of section 87B by Coles Group Limited, dated
17 September 2009 -http://www.accc.gov.au/content/item.phtml?itemId=893471&nodeId=a2da716b9168b7809f0d8eb136328eb9&fn=Undertaking.PDF and
Undertaking to the ACCC given for the purposes of section 87B by Woolworths Limited, dated
17 September 2009 - http://www.accc.gov.au/content/item.phtml?itemId=893470&nodeId=09c305f68e7f97f331d7f32a15c7a31e&fn=Undertaking.PDF.
[14] Ibid.
[15] Woolworths Annual Report 2011 - http://www.woolworthslimited.com.au/phoenix.zhtml?c=144044&p=irol-reportsannual
[16] Ticketek Pty Ltd penalised $2.5 million for misusing its market power, ACCC news release,
22 December 2011 - http://www.accc.gov.au/content/index.phtml/itemId/1023878/fromItemId/966100
[17] Clause 15(a) of the Undertakings cited at footnote 14 above.
[18] For example, the Australian Good and Grocery Council, Choice and Associate Professor Frank Zumbo.
[19] Nick Xenephon quoted in Lateline article, op. cit footnote 1 above.
[20] The power of US courts to order divestiture in monopolization cases does not arise from a specific statutory provision but rather from the court's equitable jurisdiction.
[21] Standard Oil Co. of
v. New Jersey , 221 U.S. 1 (1911) - http://supreme.justia.com/cases/federal/us/221/1/case.html United States
[22] United States v. American Tel. and Tel. Co., 552 F. Supp.
131 - Dist.
Court, Dist. of 1982
- http://scholar.google.com/scholar_case?case=12093892347857939076&q=552+F.+Supp.+131&hl=en&as_sdt=2002 Columbia