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The Problem Is there collusion in the Kentucky milk market? If so, who is at fault, and who is contributing to this problem? What kind of collusive patterns can be highlighted to show material proof of collusion? Methodology I have focused my efforts on narrowing in on the different market share data available to us, and have tried to graphically illustrate the proportions at which these dairies hold throughout the given case period.

This trend quickly flipped the next year, as the dispersion of market share flowed more evenly between the two main players. Open navigation menu. Close suggestions Search Search. User Settings. Skip carousel.

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Kentucky milk case Free Essays | Studymode

With our analysis of the Kentucky Milk Marketing Law, it is now appropriate to recite the facts which gave rise to the actions of the Commission against Kroger, and this resultant litigation. Following the complaint, the Commission notified Kroger that a formal hearing would be held and requested a factual justification for this price, viz.

Kroger further established that its total store expense was Kroger, in the course of business, acts as its own processor-distributor. As such, it is not required to file a price schedule, and thus technically has no invoice cost of its product. It has been the custom of the Commission in similar situations to accept the “certified cost”[7] in the product data submitted by the retailer. This was not done in this case.

Strangely enough, there are no rules or regulations published by the Commission which establish the proper procedures to set a minimum retail sales price. Appellant Claycomb testified that there were two methods of establishing certified cost used by the Commission, one of which would have justified Kroger’s price.

However at the hearing, appellant Ewing, who is interestingly enough a competitor of Kroger, ruled that the other method should be used. Kentucky Milk Mktg. Borden Co. It seems that fairness and objectivity would require that such be done.

Based on these facts, the trial court found that the Commission’s finding that Kroger was guilty of selling “below cost” was arbitrary and capricious, and found Kroger not guilty. Section 2 of our Constitution is simple, short and expresses a view of governmental and political philosophy that, in a very real sense, distinguishes this republic from all other forms of government which place little or no emphasis on the rights of individuals in a society.

It is as follows:. While there are numerous cases which have been decided on the basis of this bulwark of individual liberty, the number is relatively few, in view of its potential importance to our jurisprudence. Section 2 is a curb on the legislature as well as on any other public body or public officer in the assertion or attempted exercise of political power.

Sanitation Dist. City of Louisville, Ky. Whatever is contrary to democratic ideals, customs and maxims is arbitrary. Likewise, whatever is essentially unjust and unequal or exceeds the reasonable and legitimate interests of the people is arbitrary, Id. No board or officer vested with governmental authority may exercise it arbitrarily.

If the action taken rests upon reasons so unsubstantial or the consequences are so unjust as to work a hardship, judicial power may be interposed to protect the rights of persons adversely affected.

Wells v. Board of Education of Mercer County, Ky. Our function is to decide a test of regularity and legality of a board’s action by statutory law and by the constitutional protection against the exercise of arbitrary official power.

Section 2 is broad enough to embrace the traditional concepts of both due process of law and equal protection of the law. Pritchett v. Marshall, Ky. Unequal enforcement of the law, if it rises to the level of conscious violation of the principle of uniformity, is prohibited by this Section.

City of Ashland v. Heck’s, Inc. Boone County Bd. The question of reasonableness is one of degree and must be based on the facts of a particular case. Boyle Cty. Stockyards Co. Commonwealth, etc. The majority of this Court believes that the Kentucky Milk Marketing Law, on its face, and in its enforcement by the Commission in this particular case, is violative of Section 2 of the Kentucky Constitution. As we have previously said,[10] the statutory purpose of the law is to prevent monopolies and unfair practices in the sale of milk and milk products.

We believe an enactment of such a nature is an arbitrary exercise of power by the General Assembly over the lives and property of free men. Even though we decide this case on Kentucky Constitutional grounds, we are cognizant that minimum mark-up laws unless authorized as state action are violative of the Sherman Anti-Trust Act. Alcoholic Beverage Control Board v. Taylor Drug Stores, Ky. The effect of the Kentucky Milk Marketing Law is price fixing by requiring minimum mark-ups. This certainly, by any criteria, is arbitrary and is inimical to the public interest.

It is an invasion of the right of merchants to sell competitively, and of the public to buy competitively in the open market. In the case of General Electric Co. American Buyers Cooperative, Ky. The Act enforced price fixing not only against parties to a minimum resale agreement, but also against a nonsignee if he knowingly breaches a resale agreement which was made between the producer and a third person. In effect the statute approved agreements by which a producer could require purchaser-retailer to resell the property at a certain invoice mark-up.

In language relevant to the present case, we said:. The Kentucky Milk Marketing Law, whether interpreted as a minimum mark-up law or interpreted as simply requiring that a retailer may not sell “below cost”, is clearly an arbitrary interference with “the right of the owner to fix the price at which his property shall be sold. It is an arbitrary interference with the free flow of commerce the free enterprise system and is not justified or to be justified by the police power of the state.

It is clearly a violation of the letter and spirit of Section 2 of our Bill of Rights. Appellants argue that Kroger did not meet its burden of proof in declaring the Kentucky Milk Marketing Law unconstitutional. We are well aware that the presumption of constitutionality of a statute is axiomatic. Walters v. Binder, Ky. It is sufficient to say that we believe the Milk Marketing Law is clearly in violation of Section 2 of the Kentucky Constitution and that the presumption of constitutionality has been overcome.

As we previously have said, the Kentucky Milk Marketing Law, in being administered by the Commission, has been treated as a minimum retail mark-up law. There have been no forms or standardized procedures provided by the Commission which would enable a respondent to justify his selling cost. Vice-Chairman Ewing, even though he had regularly refused himself when competitors were involved in the past, failed to do so in this particular case.

As we have also said, the Commission, without reason or explanation, refused to accept Kroger’s “invoice cost” per gallon, even though it regularly had done so in similar situations in the past. Moreover, the order handed down by the Commission contained no findings of fact.

Based on these facts, the trial court held, and we agree, that the Commission finding Kroger guilty of a statutory violation was “arbitrary and capricious, prejudicing the sustantial rights of Kroger. The trial judge declared the entire Milk Marketing Law unconstitutional. Appellants then defendants did not properly argue or address the question of severability to the trial court, only raising the issue after filing a notice of appeal.

Hoy v. Newburg Homes, Ky. All of the practices it prohibits and restricts deal with the ability of a seller to merchandise and sell his products in a free economy. Its provisions quite simply restrict the free market and, in so doing, violate the public’s interest and are arbitrary. The entire Act, from its definition section to its penalty section, has the purpose of enforcing the provisions of KRS We conclude, therefore, that all parts of the statute are essentially and inseparably connected, and not severable.

Appellants argue that they should not, as individuals, be personally responsible for the court costs thus assessed. We agree. The case, as initially filed, was an appeal from the action of the Commission. The action as amended, was a declaratory judgment, challenging the constitutionality of the Milk Marketing Law.

Schneider and Son, Inc. Watt, Ky. Beachamp, Ky. Midwest Bottled Gas Distributors, Inc. Under this maxim we therefore conclude that the trial judge erred in assigning costs against the appellants. One area that has been understudied relates to the effect societal values have on conflict onset and resolution. I hypothesized that societal traits and values would have various effects upon war initiation and was able to support some of my hypotheses.

This study combined several social variables that proxy for societal traits — such as Individuality, Nationalism, Religiosity, and Xenophobia — with the Correlates of War COW Militarized Interstate Dispute MIDs data to investigate the impact these variables have on conflict onset.

In addition, several variables are included to control for the democratic peace, the capitalist peace, and military strength. Several logistic regression models were estimated using a dyadic data set and revealed mixed results. Religiosity was shown not to be a factor in war initiation but showed significance in other conflict levels. Nationalism showed to be insignificant in war onset but highly significant for aggressive actions, perhaps showing that the rational actors make the final decision but are allowed more freedom by nationalistic tendencies.

Xenophobia demonstrated that less culturally diverse populations had a higher likelihood of war likelihood. Individualistic societies appear to be less likely to go to war. Overall, this shows that social factors do have an impact upon conflict resolution and occasionally war initiation. Mehmet Yaya. Soham Chakraborty.

This work proposes a static state estimation method and network observability analysis using artificial neural networks trained using Bayesian Regularization. This method is aimed at reducing computational complexities as in case of conventional method. The proposed method is to be carried out and compared with the conventional weighted least square state estimation algorithm on a system. In machine learning and cognitive science, artificial neural networks ANNs are a family of models inspired by biological neural networks the central nervous systems of animals, in particular the brain which are used to estimate or approximate functions that can depend on a large number of inputs and are generally unknown.

Artificial neural networks are generally presented as systems of interconnected “neurons” which exchange messages between each other. The connections have numeric weights that can be tuned based on experience, making neural nets adaptive to inputs and capable of learning. By using ANN based State estimator, it will be a direct procedure unlike WLS method which is a iterative procedure comprising of complex calculations.

Here the input and output are mapped in an ANN, so we get direct estimates of state variables given the measurements as input. Hence there is no need to store the huge complex YBUS admittance matrix and perform complex calculations. ANN is implemented to get better and faster results from the state estimator used in load dispatch centres and also smart grids. Observability Analysis of power system is done prior to running state estimator. If a system is found to be unobservable, then additional meters may have to be placed at particular locations to make the system observable.

Network observability analysis identifies the observable islands, unobservable branches and the locations for placement of meters to make the system observable. This work is an iterative procedure and can be done using ANN that will be provide a direct procedure to solve the problem.

Karen Magliano , Lowell Ashbaugh. Klaus Bartschat. Mitchell Struble. Fleming Martinez. Bin Chen. Daniel Ricardo Delgado.

Hyun-chul Lee. Aminuddin Ab Ghani. Sersy Beast. Engo , Nana Engo. Gwo-Hshiung Tzeng. Daniel Pena. Antti Sajantila. Prakash Koringa. Danielle Garneau. Nur Hikmah S Abbas. Jason Allen.

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