bluuebunny/crossref_metadata_2025 huggingface dataset:
Conclusion
Authors: Peterson David A
Published: November 2023

At the beginning of this study, I suggested that rather than relying exclusively on elicited sentences out of context, any morphosyntactic phenomenon must be approached from at least three directions: typology based on grammaticalization, typology based on discourse-functional considerations, and typology grounded in morphosyntactic and semantic characteristics of the construction and the languages it occurs in. What I hope the study of these three different typologies of applicative constructions has demonstrated is summarized in Figure 7.1.
The Adjective Class in Tariana
Authors: Aikhenvald Alexandra Y
Published: November 2023

Tariana is an endangered North Arawak language spoken in the linguistic area of the Vaupes river basin. This area is known for its institutionalized multilingualism based on the language group exogamy operating between speakers of Tariana and of languages belonging to the East Tucanoan sub-group (including Tucano, Piratapuya, Wanano, and Desano). Multilingualism is maintained through a strong inhibition against ‘ language mixing’ viewed in terms of using lexical or grammatical morphemes from another language. A long-term interaction between East Tucanoan languages and Tariana has resulted in a rampant diffusion of grammatical and semantic patterns (though not so much of forms) and calquing of categories. Comparison of Tariana with other Arawak languages (especially with the closely related Baniwa of Icana/Kurripako and Piapoco) helps distinguish patterns inherited from the proto-language from those acquired through areal diffusion. A combination of genetically inherited features, a really acquired properties, and independent innovations accounts for the complexity of Tariana grammar.
The Adjective Class in Korean’
Authors: Sohn Ho-min
Published: November 2023

With a total of approximately 75 million speakers, Korean is the national and native language of the mono-ethnic Korean people living in North and South Koreas. The current population of South Korea is over 46 million and that of North Korea around 23 million. Some 5.5 million Koreans are estimated to reside outside of the Korean peninsula, the major countries with a large Korean population being the USA (1.1 million), China (2 million), Japan (700,000), and the former Soviet Union (500,000).
Regime Dimensions
Authors: Liebling Alison , Arnold Helen
Published: November 2023

In this chapter we consider some dimensions about which others have had a great deal to say. ‘Fairness’ and ‘order’, for example, are conceptually two of the most important aspects of prison life (Bottoms 1999, 2003b). They are also, as others have noted, two of the central ideas in political theory. Prisons can be said to constitute a ‘special case’ of the problem of social co-operation (Sparks et al. 1996: 29). We shall develop this analysis, both to deepen our understanding of the prison and what goes on there, and to speculate on the significance of these dimensions, of fairness and unfairness, safety and danger, and so on, to the prison experience.
Security, Harmony, and ‘What Matters’ in Prison Life
Authors: Liebling Alison , Arnold Helen
Published: November 2023

So far we have reported our results rather evenly and, perhaps, uncritically. There are important questions still to be addressed, one of which we shall consider in this chapter. This question relates to a distinction we have drawn in previous work, and which emerged towards the end of our research, between ‘good’ and ‘right’ relationships (Liebling and Price 2001: 75–84), or between a theory of the moral and a theory of ‘being nice’ (McEvoy 2003). ‘Good’ relationships can be flexible, tolerant, harmonious, and respectful. They can also be overly lenient, sometimes resulting in inconsistency, perceptions of unfairness, and a lack of safety, order, and security in prison, as we suggested in Chapter 1. Staff can get too close to prisoners, identifying with their needs and concerns to the exclusion of other considerations.
Legitimacy, Decency, and the Moral Performance of Prisons
Authors: Liebling Alison , Arnold Helen
Published: November 2023

We began, in this book, by setting out the important role played by ideas about prisons in prison life. We have demonstrated in subsequent chapters that prisons have moral and emotional climates, and that these climates are shaped by values, ideas, and relationships. What matters in prison, according to the analysis presented so far, is a set of values which are essentially interpersonal (see Stocker 1996: 166) and civic. These values matter internally in the sense that prison life is experienced and prison quality understood, by those who live and work there, in terms of ‘performance’ in these areas.
Introduction
Authors: Carruthers Janeen M
Published: November 2023

Choice of law rules typically are expressed in the form of an abstract proposition that a given matter is ‘governed’ by the ‘law’ of a particular country. Falconbridge described the structure of a choice of law rule thus:

The subject of a conflict rule is a legal question arising from a factual situation, and the conflict rule indicates the local element in the factual situation which is important as regards that legal question. This local element constitutes the connecting factor, that is, the element which connects the factual situation with a particular country and thus indicates that the law of that country is the proper law governing the legal question; that is, the law which should be applied to the factual situation for the purpose of affording a definitive answer to the legal question.1
The Assignment of Intangible Movable Property
Authors: Carruthers Janeen M
Published: November 2023

Intangible movable property rights may be defined as ‘certain kinds of immaterial or incorporeal abstractions, which exist only as rights or bodies of legal claims and rights and have no physical existence which can be actually possessed, and which, moreover, are deemed not like or connected with land’.1 Generally the expression intangible movable property may be said to refer to property which exists ex lege, having ‘only a legal, not a physical existence, and [which is] … accordingly capable only of legal, not physical, movement’.
The Changing International Legal Framework for Dealing with Non-State Actors
Authors: Reinisch* August
Published: November 2023

Individuals are held civilly liable before national courts for genocide and human Italian law violations. Transnationally operating corporations may equally be held liable for human rights abuses by courts in various countries. Firms are boycotted by consumers because they or their subsidiaries or even contractors do not comply with basic labour standards in foreign production sites. The acts of international organizations are annulled by international courts for infringing human rights guarantees of individuals.4 Lending decisions of international financial institutions are reconsidered if they would have a demonstrable negative human rights impact.
The Need for a Regulatory Framework
Authors: Winter Jaap
Published: November 2023

When the High Level Group of Company Law Experts (the ‘High Level Group’) started its work in September 200 I, the outlook for EU Company Law was rather bleak. Decades ago, the European Community had started out on an ambitious project to harmonise key areas of the company laws of Member States. The basis for this harmonization process was the freedom of establishment. It was felt that the diversity of national company laws would frustrate the goal of an optimally functioning internal market. It would also distort competition and lead to a race to-the-bottom: Member States would be encouraged to create as flexible as possible company law, ignoring an appropriate level of protection of shareholders and creditors, in order to attract companies to incorporate in their jurisdictions.
An Essay on Names and Truth
Authors: Hinzen Wolfram
Published: November 2023

This pioneering book lays new foundations for the study of reference and truth. It seeks to explain the origins and characteristics of human ways of relating to the world by means of an understanding of the inherent structures of the mind. Wolfram Hinzen explores truth in the light of Noam Chomsky’s Minimalist Program. Truth, he argues, is a function of the human mind and, in particular, likely presupposes the structure of the human clause. Professor Hinzen begins by setting out the essentials of the Minimalist Program and by considering the explanatory role played by the interfaces of the linguistic system with other cognitive systems. He then sets out an internalist reconstruction of meaning. He argues that meaning stems from concepts, originating not from reference but from intentional relations built up in human acts of language in which such concepts figure. How we refer, he suggests, is a function of the concepts we possess, rather than the reverse in which reference to the world gives us the concepts to realize it. He concludes with extended accounts of declarative sentences and names, the two aspects of language which seem most inimical to his approach. The book makes important and radical contributions to theory and debate in linguistics, philosophy, and cognitive science. The author frames his argument in a way that will be readily comprehensible to scholars and advanced students in all three disciplines.
Roots of the Intentional
Authors: Hinzen Wolfram
Published: November 2023

‘True’ is a word of English that has a sound and a meaning. Its meaning is what I shall call a ‘concept’: a concept is the meaning of a word, whatever that meaning is. Other, probably all, languages have words with different sounds expressing, closely enough, the same concept, which I presume every human being has. Pilate famously asked, jestingly, ‘What is truth?’, and I will not answer that question in this book any more than he did. What matters here is that even to understand this very question, we must have the concept of truth. Even if we do not know how to tell what truth is, we know what we are talking about when asking what it is: we are talking about truth. Surely enough, the philosophical tradition has provided us with a staggering number of tomes on the nature of truth. But this should not distract from the fact that in another sense, truth is something rather mundane and known to everybody. To know what truth is, in this mundane sense, is to have the concept of truth, and to use the relevant word in a particular way.
Where Meaning Begins: The Atoms of Thought
Authors: Hinzen Wolfram
Published: November 2023

This chapter begins our internalist exploration where the process of meaning construction in language itself begins: with the pristine building blocks of complex meanings, ‘atomic’ concepts. Meaning has to begin somewhere; the structural complexity of meaning bottoms out at a point, in a set of simple or atomic meanings. While empiricists have hoped these would be sense data or ‘impressions’, there is no reason to have such hopes now. The conceptual basis of thought is not confined to sensory concepts, and our basic conceptual repertoire is more abstract. These abstract atoms of thought are what this chapter is about. It is important to see that it is not thereby about (proper) names. ‘Name’ as the term will here be used is a category of language use: it indicates how a concept attached to a phonetic label functions in a given structural and pragmatic context; and using a noun as a name is only one way of using it.
Structures for Concepts
Authors: Hinzen Wolfram
Published: November 2023

An interesting implication of the previous chapter is that the notion of an ‘analytic inference’ appears to be an essentially unproblematic notion when appropriately restricted in its application. It has been rated as a highly problematic one in the entire twentieth century—indeed, it has been rated as obsolete—on the grounds that no principled distinction between analytic and synthetic knowledge can be drawn. The foregoing account of language as a particulate system however makes this distinction virtually trivial: analytic knowledge is knowledge that follows from the laws and combinatorial principles of language, which are, if I am right, equally laws of meaning. So, as noted in Section 2.3, brown is an analytic implication of brown cow.
Authorization And Licensing
Authors: Flanagan Anne
Published: November 2023

Licensing is a key aspect of telecommunications regulation. At a basic level, a licence permits a telecommunications provider to provide specified equipment, net- works, and/or services, and often conditions that permission on certain requirements. Licensing, however, can control market entry and, therefore, can be used to shape the market by limiting or not the number of players or the types of services that they are able to provide. It can create legal certainty for new entrants in markets where the telecommunications regulatory or general legal framework is not comprehensive or where there is not much history with telecommunications regulation.
Competition Law In Telecommunications
Authors: Pitt Edward
Published: November 2023

It is a mantra of UK Government policy that the regulation of the telecommunications industry should, wherever possible, be achieved by applying general competition law rather than regulation specific for telecommunications. Detailed, telecoms specific regulation should be withdrawn in stages. A past Director-General of OFTEL was described as making a ‘bonfire of regulation’ in pursuit of this policy.
Finite-state Approaches to Syntax
Authors: Roark Brian , Sproat Richard
Published: November 2023

Finite-state models are the most widely used syntactic models today. They include such common techniques as n-gram models, part-of speech (POS) taggers, noun-phrase chunkers and shallow parsers. The previous chapters on morphology described in detail finite-state approaches in that domain. Syntax is different, however, because it has been known for nearly fifty years that natural languages have very common syntactic structures that cannot be described using finite-state techniques. Nevertheless, these approaches to syntax can provide efficient and useful syntactic information to a range of applications, from automatic speech recognition (ASR) to machine translation (MT).
Bureaucracy, Open Access, and Social Pluralism: Returning the Common to the Goose*
Authors: Palumbo Antonino , Scott Alan
Published: November 2023

The fundamental tendency of all bureaucratic thought is to turn all problems of politics into problems of administration ... Bureaucratic thought does not deny the possibility of a science of politics, but regards it as identical with the science of administration. Bureaucracy has long been the object of fierce intellectual critique and political polemic. Over the last quarter of a century or so we have witnessed systematic attempts­influenced by public choice theory, and fuelled by popular resentment against bureaucratic power­
Proof and Uncertainty
Authors: Barrie MA Peter
Published: November 2023

One of the functions of the statements of case is to identify the matters of fact that are agreed and the matters that are in dispute. If the defence admits a fact asserted by the claimant, the admission can be relied on for proof of the fact. The drafting of a statement of case imposes on the claimant the discipline of setting out, one by one and in a logical order, the facts that have to be proved in order to establish the claim. The drafting of a defence imposes on the defendant the discipline of deciding which matters of fact are agreed, and identifying the area where the true dispute lies.
Contributory Fault
Authors: Barrie MA Peter
Published: November 2023

Where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility of the damage.
Defences
Authors: Barrie MA Peter
Published: November 2023

Most claims which are defended involve dispute about the facts. They may be defended on the ground that the necessary facts are not proved, or by persuading the court to accept contradictory evidence adduced by the defendant. It is possible to speak of a 'defence' of accident or 'Act of God' but in substance this amounts to no more than the claimant failing to prove that the accident should be attributed to negligence or other breach of duty on the part of the defendant. Sometimes however the circumstances of the case give rise to specific legal issues on which a defendant can rely, not just to share the blame with the claimant as with an allegation of contributory negligence, but to escape liability to compensate even though the claimant has suffered damage.
Road Accidents
Authors: Barrie MA Peter
Published: November 2023

Many personal injury claims arise from road traffic accidents. The liability of the road user is a liability in the tort of negligence and driving is therefore judged by the standard of reasonable care.
reasonable
Authors: Barrie MA Peter
Published: November 2023

All motorists should be insured against liability to those they may injure by their driving. Such insurance is compulsory but sometimes people drive uninsured and those who do so are unfortunately quite likely to be among the most likely to drive dangerously. The risk has led the industry and government to co operate in devising a system by which the insurers, through the Motor Insurers' Bureau (MIB), agree to compensate the victims of uninsured or untraced drivers, victims who might otherwise not receive the compensation to which they are entitled. The cost, of course, falls on the insurance premiums of those who do pay. The current address of the MIB is:
Slipping and Tripping
Authors: Barrie MA Peter
Published: November 2023

Many accidents happen when people fall over. Injuries caused this way are not connected by specific legal principles, but it is convenient to collect in one chapter the legal materials which relate to different types of tripping and slipping accidents. Three topics are considered: falls on pavements or roads, falls in supermarkets and shops, and falls at work, followed by a word on claims handling
Criminal Injuries Compensation
Authors: Barrie MA Peter
Published: November 2023

The idea that public funds should pay compensation to those who have the misfortune to be injured as a result of the acts of a criminal dates back to the first compensation scheme of 1964. Initially, a scheme under the royal prerogative made nominally ex gratia payments equivalent to common law damages on the same basis of assessment as in the courts. Although the scheme did not give rise to a formal entitlement, it operated in practice as a fair, formal and efficiently administered scheme. Damages were assessed by the members of the Board who were experienced specialist judges, retired judges and senior practitioners: initially by a single member and on appeal by a panel of three. Their decisions reflected authoritative opinion of the appropriate level of damages and many reports of their decisions are to be found in the volumes of Kemp & Kemp.
Loss of Earnings and Pension
Authors: Barrie MA Peter
Published: November 2023

The aim of an award of compensation for a financial loss is to restore the victim to the position as if the injury had not been sustained. In a simple case the computation of the loss of earnings is not unduly complex, but may require diligent investigation of the facts. With the case of a claimant who has a steady job but who has been so badly injured that there is no realistic prospect of him working again, the task is to assess the value of his earning capacity at the date of the assessment. The loss which can be claimed is the net loss after allowing for tax and National Insurance which would have been deducted from the earnings. It is necessary to make separate calculations for past and future loss, partly because the claimant is entitled to recover interest on an award for past loss, partly because he is entitled to the benefit of pay rises that he would have received between the date of the accident and the date of assessment, and partly because future loss must be discounted for early receipt by the use of an appropriate multiplier.
State and Other Benefits
Authors: Barrie MA Peter
Published: November 2023

This chapter sets out the state benefits that may be available to an injured person, and explains how these and other benefits will be treated in the calculation of damages in a compensation claim. As a separate issue, the compensation recovery scheme governs the recoupment of benefits at the ultimate expense of the defendant, and this is the subject of the next chapter. The recoupment of benefits operates outside the scope of the calculation of damages. It is necessary to understand how the recoupment will operate, but it is not necessary to include details of the recoupment in the calculation of damages.
The Benefit Recoupment System
Authors: Barrie MA Peter
Published: November 2023

When an injured claimant receives welfare benefits and then makes a civil claim, to the claimant it will seem that the welfare benefits are what he has paid his taxes and national insurance for, so that they should be disregarded just like the proceeds of a private accident insurance policy; to the defendant it will seem that the claimant is seeking double recovery because if the claimant receives the claimed loss of earnings in full as well as keeping the benefits he will be better off than if he had not been injured; and to the government it will seem that there is an opportunity to save public money on the ground that the wrongdoer should pay.
Fatal Accidents Act Claims Assessment
Authors: Barrie MA Peter
Published: November 2023

The Fatal Accidents Act 1976 (FAA) gives a statutory claim for loss of financial dependency to the surviving dependants of a person who has died. There is no equivalent to such a claim at common law. The statutory claim is brought in respect of financial loss: by s 3(3) 'such damages may be awarded as are proportioned to the injury resulting from the death to the dependants'. Lord Wright said in Davies v Powell Duffryn Collieries [1942] AC 601: 'There is no question of what may be called sentimental damage, bereavement or pain and suffering. It is a hard matter of pounds, shillings and pence'. However, this is not the whole story. A limited class of people can also claim the statutory award for bereavement, currently £10,000. An FAA claim may be joined with a claim for the estate of the deceased person whose pain and suffering before death can be part of that claim. The pounds and pence of an FAA claim extend to putting a financial value on the care that children may need after the death of a parent including the incalculable loss of the special loving care given by a parent.
Funding of Claims
Authors: Barrie MA Peter
Published: November 2023

Lawyers do not act out of love, but in return for payment. Litigation will always involve expense and risk. Yet personal injury claims have reached the surprising position that a claimant with a sound case can expect to be able to pursue a compensation claim at minimal expense and risk. The keys to this are the development of the conditional fee agreement (CFA) and the exclusion of the claimant whose case is of uncertain merit.
Schedules and Counter schedules
Authors: Barrie MA Peter
Published: November 2023

Every compensation claim will need a Schedule of Special Damages. In every assessment of damages, the Schedule of Special Damages and the counter schedule will be the main working documents. In every detailed negotiation, these documents will be the first point of reference for assessing the value of the claim. It is hard to overstate the importance of getting the schedule right.
Origin And Objectives Of The Community Merger Control System
Authors: Varona Edurne Navarro , Galarza Andres Font , Crespo Jaime Folguera , Alonso Juan Briones
Published: November 2023

Traditionally, the competition policy of the European Communities has been based on the control of undertakings ‘ behavior. Articles 81 and 82 of the Treaty ( ‘the Treaty ‘) grant the Commission the power to apply sanctions to undertakings that cause appreciable restrictions of competition or commit abuses of a dominant position. The Treaty contains other complementary measures, such as the control by the Commission of State aids or the possibility of attacking monopolistic situations resulting from the grant of exclusive or special rights by Member States to certain undertakings.
Vertical Concentrations And Vertical Aspects Of Concentrations
Authors: Varona Edurne Navarro , Galarza Andres Font , Crespo Jaime Folguera , Alonso Juan Briones
Published: November 2023

Perhaps the objective of Community competition policy that has been most clearly formulated is that of progressively integrating national markets into a single Community market. Given that no other competition authority in the world pursues this goal, it has been argued that the Commission ‘s policy is unique in this respect. In general, however, the reality is somewhat different. The main objective as regards ending cartels or abuses of a dominant position or prohibiting concentrations that lead to the creation or reinforcement of a dominant position is to avoid distortions to free competition on the common market; the objective of integrating national markets.
Analysis of efficiency and unviability. Decisions granting conditional authorization
Authors: Varona Edurne Navarro , Galarza Andres Font , Crespo Jaime Folguera , Alonso Juan Briones
Published: November 2023

The question of assessing the possible economic efficiencies derived from a concentration is dealt with in cases where the Commission may adopt a prohibition decision. To date the Commission has not taken a clear and explicit position concerning the extent to which it would be prepared to examine possible economic efficiencies as a counterweight to the possible creation or reinforcement of a dominant position. The Commission ‘s approach in the limited number of decisions where it has examined possible economic efficiency, as well as the traditional method of approaching efficiencies under Article 81(3), suggest that the Commission would have great difficulty authorizing the creation or reinforcement of a dominant position because of possible efficiencies derived from a given concentration.
Institutional Issues
Authors: Varona E Edurne Navarro , Galarza Andres Font , Crespo Jaime Folguera , Alonso Juan Briones
Published: November 2023

Close and constant liaison with the competent national authorities; referral of cases by the Commission to the national authorities and vice versa 14.01Cooperation Between the Competent National Authorities and the Commission Referral of a Proposed Concentration with a Community Dimension to the Competent Authorities of Member States: The German Clause Requests for Referrals of Concentrations made by Member States to the Commission Requests for Referrals of Concentrations made by the Notifying Parties 14.94 The Need for an Independent Institution as Regards Competition Matters 14.98 Close and constant liaison with the competent national authorities; referral of cases by the Commission to the national authorities and vice versa As was noted in Chapter 1, from a jurisdictional point of view the system.
A Persistent Fisnomical Consciousness c.400 BCR–c.1470 CE
Authors: Porter Martin
Published: November 2023

The theory of this way of looking and listening, frozen in the four English ‘books on physiognomy’ in Jeake’s library, was not unique to early modern England. The aim of this chapter is very briefly to give readers a sense of the antiquity of ‘physiognomy’ in its written form (physiognomony). Whilst the word ‘physiognomia’ is a medieval Latin term, the written traditions which it was coined to embrace are indications of the persistence of man’s fisnomical consciousness from antiquity onwards. They contain indications of the basic elements which constituted the theorized structure and process of a particular way of looking and listening that arose through that physiognomical consciousness.
The Bookish Face of Physiognomy in Early Modern Europe
Authors: Porter Martin
Published: November 2023

In this chapter I want to expose the assumptions upon which the archive of early modern ‘books on physiognomy’ used as the foundation of this study was created. I shall then use it, initially, to produce a tangible, material sense of the presence of this corpus of physiognomical writings in early modern Europe. I shall try to show how much of this textual physiognomy was in circulation in early modern Europe, how much it cost, and who was reading it. In arguing for the social and geographical ubiquity of this small corpus of text, I shall also offer some suggestions about the evident dynamics of its production and consumption.
The Troubling Emergence of the ‘Egyptian’ in Early Modern Europe
Authors: Porter Martin
Published: November 2023

This chapter will weave its argument around two classic Burckhardtian features of the Renaissance, the ‘re-discovery of antiquity’ and the ‘discovery of the individual’, that can be discerned in the dynamic contours of early modern attempts to capture fisnomy in books. A third feature, overlooked by Burckhardt and usually associated with the ‘discoveries’ of Victorian excavators, affects our understanding of the first two—that is, the troubling emergence of the ‘Egyptian’ in Western Christendom. From a purely philosophical perspective, most ‘books on physiognomy’ continued to be characterized by the development of the Aristotelian framework inherited from the Middle Ages.
Living Graffiti
Authors: Porter Martin
Published: November 2023

In one extant copy of the Kalendar of Shepherds, the passage referring to the special way in which shepherds and simple people know God has been underlined. In the ensuing analysis it will be argued that the graffiti in these ‘treatises on physiognomy’ reveal a number of different reading practices of ‘humble folk’ or even the ‘poorest members of society’, including those who could not quite read books. Indeed, many of them can be taken as an indication of the way in which the innate iconicity of the language of physiognomony inspired some form of visual representation. The first is a scholary examination referencing of the sources of the physiognomy in the text.
Introduction The Process Of Developing Management theory
Authors: Hitt Michael A , Smith Ken G
Published: November 2023

Theory provides the base for knowledge and understanding of important relationships in various disciplines. Theory development is highly important in the discipline of management and organizations as it is a relatively young Weld of study, in comparison to many other social science disciplines. As a young Weld of study, new theory provides important and unique insights that can advance the Weld’s understanding of management phenomena. In fact, much of the theory used in management and organizational research has been derived from the social science disciplines of economics, psychology, and sociology; although new distinctive management theory has been developed, these theories are still in a developmental stage. Many of the most prominent theories used in the Weld of management and organizations are examined in this handbook.
Developing resource Dependence theory How theory is affected by its environment
Authors: Pfeffer Jeffrey
Published: November 2023

Resource dependence theory was developed in the 1970s at a time when there was a proliferation of important theories dealing with the relationship of organizations to their environments. As Davis (2003: 5) noted, it is somewhat remarkable that a single four-year period saw the major foundational statements of transaction cost economics (Williamson, 1975), the agency theory of the firm (Jensen and Mackling, 1976), organizational ecology (Hannan and Freeman, 1977), the new institutional theory of organizations (Meyer and Rowan, 1977), and resource dependence theory (PfeVer and Salancik, 1978). In some sense, however, it was actually not surprising that there was a plethora of theory development at that time.
Introduction: The Relevant Merger Situation
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

The jurisdictional rules of the United Kingdom merger control regime are designed to ensure that all transactions that affect the ownership or control of enterprises in a manner that may be anti-competitive can be subject to review by the competition authorities. The rules vary significantly from the EC merger control regime and national systems based upon it. The United Kingdom has chosen to stick with its own tried and tested approach. The consequence is that a broader range of transactions will be caught than under most other systems. The question of which transactions will be subject to review is answered by reference to three key tests. First, whether the transaction in question gives rise to a ‘merger situation’. Secondly, whether an identified merger situation is ‘relevant’ for the purposes of the Enterprise Act 2002.
Determining Relevance: The Threshold Tests
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

Where a given transaction is identified as a merger situation it will be considered ‘relevant’ for the purposes of Enterprise Act 2002 only if it satisfies a number of further conditions. The primary criterion regarding the relevance of a merger situation is that the transaction is of sufficient scale to threaten an anti- competitive outcome. Section 23 of the Act establishes two quantitative thresh- old tests. The ‘share of supply test’ is familiar from section 64 of the Fair Trading Act 1973; the ‘turnover test’ is new, and replaces the ‘asset value test’. The aim of these tests is to ensure that only enterprises that are significant in terms of their impact on markets in the United Kingdom will potentially be subject to a reference from the Office of Fair Trading. There are two exceptions to this requirement:
Relationship With The Ec Merger Control Regime
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

The EC regime provides for the review of ‘concentrations’. A concentration is deemed to arise on a ‘change of control on a lasting basis’, with ‘control’ being understood as ‘the possibility of exercising decisive influence on an undertaking’: Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (2004) OJ L24/1 (hereinafter ‘ECMR’ or ‘Merger Regulation’), Article 3. See also, Commission Notice on the concept of concentration under Council Regulation (EEC) No 4064/89 on the control of concentrations between under- takings [1998] OJ C66/2. By virtue of Article 57 of the European Economic Area Agreement, the Commission also exercises jurisdiction over concentrations with a Community dimension across the EFTA territory (includes the EC and Iceland, Liechtenstein and Norway, but bars Switzerland for these purposes). The EFTA Surveillance Authority has jurisdiction over concentrations that do not come within the Commission ‘s jurisdiction, but which meet the turnover thresholds in the EFTA territory.
Determining The Relevant Market
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

The first step in the analysis of a merger situation is usually to define the market. A market definition enables the competition authority to identify the firms who are currently providing a competitive discipline on the merging companies It also enables it to compute market shares of those firms, from which various indices of concentration can be constructed. In contrast to some other major jurisdictions (notably the USA), the United Kingdom has never based its formal merger analysis on market shares or concentration indices.
Horizontal Effects: Coordinated
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

In order to evaluate whether a merger leads to a significant lessening of competition, the competition authorities not only have to consider non-coordinated effects, but also what are referred to as coordinated effects. The latter issue arises because the merger may lead to a market structure where the competition envisaged in the non-coordinated effects model is likely to be suspended. Vigorous competition is in most cases not good for the ‘bottom line’ of any firm, and hence there is always an incentive to try to neutralize such behaviour.
Vertical Effects
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

The vertical effects of a merger derive from the ability to coordinate prices and economic activity at two or more stages of production. Unlike with horizontal effects, there can be no presumption that this will have a negative effect on competition and customers. In part, this is because efficiencies can be created by coordination, but the greater economic difference is that the direct pricing incentives are completely different and, arguably, fundamentally benign. There are certainly no competitive concerns unless the merging firms are able to exercise a substantial level of market power in one or more markets along the supply chain.
Quantitative Techniques In Merger Analysis
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

The previous chapters in Part Two outline the essential economic theory of how a merger might lessen competition. Relatively little has been said, however, regarding how to quantify theoretically plausible effects with a view to statistical confirmation or denial of a substantial lessening of competition. This chapter introduces some of the quantitative techniques that have been used in recent Commission reports; it does not provide a comprehensive commentary on all feasible techniques. It complements the earlier discussion of quantitative techniques in market definition. Nearly all of the techniques discussed relate to horizontal aspects of merger analysis, because these are both the most developed by economists and the most used in recent UK merger control cases.
Introduction: The Two-Stage Assessment Of Mergers
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

A central aim of the reforms expressed in the Enterprise Act 2002 was to removethe role of the Secretary of State in the vast majority of merger reference and substantive decisions. The pre-existing regime had long been criticized for its ‘extraordinary politicisation’. It had reserved the power of decision over both references to the Commission and the ultimate outcome of the review process to the Department of Trade and Industry. The Office of Fair Trading and the Commission performed advisory and not determinative functions.
The Office Of Fair Trading And Referral Decisions
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

By virtue of section 5 of the Enterprise Act 2002, the Office of Fair Trading is under a duty to obtain and keep under review information relating to merger activity in the United Kingdom. In contrast to the EC regime, companies that are contemplating a merger are under no obligation to inform the Office of Fair Trading of this fact. In practice, however, a bare majority of such plans are brought to the attention of the Office of Fair Trading in advance by the parties involved. This ensures that invaluable guidance on putative competition Of 283 transactions reviewed under the Enterprise Act as of 31 March 2005, 143 related to anticipated mergers and 140 to completed mergers.
The Competition Commission And Substantive Decisions
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

Upon receiving a reference from the Office of Fair Trading, the Commission must determine a series of questions. It must decide whether a relevant merger situation has been created; whether there has been a substantial lessening of competition on any relevant market, and—if necessary —what remedial action should be taken in respect of any anti-competitive outcome that has been found. The contours of the procedure by which the Commission might perform these functions were the subject of some measure of debate during the pre- legislative deliberations on the merger reforms. The Government was concerned not to overweight either way the balance between the speed of the process and its transparency and thoroughness.1
Managing Risk In The Regulatory Process
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

From a commercial point of view, the effect of merger control on transactions is to introduce risk. Dealing with the Office of Fair Trading and the Competition Commission in such a way as to minimize risk through coherent argument and evidence is a fundamental aspect of getting a deal done. However, the matter

does not stop there. There are other related aspects that are important. Risk for each party may be increased or reduced depending on how certain process and document matters are dealt with. Issues will vary to an extent depending on whether the transaction is a public offer or a private arrangement. In either case, concerns arise on both the purchaser side and the vendor side.
Mergers In The Water Industry
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

Mergers involving water and sewerage companies have for some time been subject to a special merger control regime. This has involved the automatic referral of such transactions by the Office of Fair Trading to the Competition Commission for investigation, subject only to the satisfaction of a less stringent jurisdictional threshold test than that applicable to normal mergers. This scheme operated as an adjunct to the wider system of regulation of the water and sewerage industries in the United Kingdom given effect by the Director General of Water Services under the Water Industry Act 1991. Until recently, water mergers were assessed against a conception of the public interest that emphasized the importance of the Director General’s need to make comparisons between different water enterprises.
Customer Power, Strategic Investment, and the Failure of Leading Firms
Authors: Christensen Clayton M , Bower Joseph L
Published: November 2023

Students of management have marveled at how hard it is for firms to repeat their success when technology or markets change, for good reason: there are lots of examples. For instance, no leading computer manufacturer has been able to replicate its initial success when subsequent architectural technologies and their corresponding markets emerged. IBM created and continues to dominate the mainframe segment, but it missed by many years the emergence of the minicomputer architecture and market. The minicomputer was developed, and its market applications exploited, by firms such as Digital Equipment and Data General. While very successful in their initial markets, the minicomputer makers largely missed the advent of the desktop computer: a market which was created by entrants such as Apple, Commodore, and Tandy, and only later by IBM. The engineering workstation leaders were Apollo and Sun Microsystems, both entrants to the industry. The pioneers of the portable computing market— Compaq, Zenith, Toshiba, and Sharp—were not the leaders in the desktop segment.
Strategic Flexibility: Corporate-level Real Options as a Response to Uncertainty in the Pursuit of Strategic Integration
Authors: Raynor Michael E
Published: November 2023

Contemporary diversified corporations are justified almost exclusively in terms of the increased competitiveness of their operating divisions when compared with stand-alone analogs (Porter 1987). That is, the current orthodoxy holds that an operating division in a diversified corporation must be better off than an otherwise similar independent entity, or the corporation should divest that division. The competitive advantage gained by divisions as a result of corporate ownership is most often conceptualized in terms of interdivisional synergies: the sharing or transferring of resources, processes, or know- ledge between divisions more effectively or efficiently than they can be contracted for between companies transacting in a market (Teece 1980, 1982). This notion of synergy is typified by, for example, divisions that make different products for a common customer base sharing a sales force.
Comments on the Resource Allocation Process
Authors: Levinthal Daniel A
Published: November 2023

It is a pleasure and honor to have the opportunity to comment on this impressive body of work. As a graduate student in the early 1980s, I vividly recall my first reading of the resource allocation process (RAP). Here was a work that tackled one of the principal tasks of a firm: allocating scarce financial capital. The problem had been nominally solved by financial economists, but Bower presented it in a way that both brought forth the richness of the phenomena and provided a clear theoretical framework that illuminated the underlying processes at work. The ultimate test of a piece of scholarship is its ability to influence other scholars.1 By that standard, as illustrated in this collected volume, the RAP framework is a huge success. Not only has it attracted enormous attention (and citations) from scholars pursuing related topics, but it has generated multiple generations of scholars to build upon and enrich the original framework. As the theoretical structure becomes more elaborated, it may be worthwhile to reflect on the core features of the argument. Doing so, I believe, will help researchers outside the immediate RAP ‘family’ to see the power of the underlying theoretical argument and help embed this literature in the larger literature on organizational decision making and adaptation of which it is a part.
International Compliance and Enforcement Mechanisms
Authors: Fitzpatrick D , Anderson M
Published: November 2023

Seafarers’ rights are typically enforced through national legal mechanisms. 3.01 Unlike international tribunals, national courts are able to enforce contracts of employment and apply rights arising from national and foreign laws. In some cases, national courts are able to enforce standards arising from international treaties. Yet there are many reasons why national courts may not provide an effective legal remedy. The laws may be incomplete or outdated, while the courts may be slow, corrupt or ineffective. Where access to effective justice is denied at the national level, the seafarer might seek recourse to the enforcement mechanisms set up by the United Nations (UN) and other international organizations.
Seafarers’ Rights at the National Level
Authors: Fitzpatrick D , Anderson M
Published: November 2023

Built in Spain, owned by a Norwegian, registered in Cyprus, managed from Glasgow, chartered by the French, crewed by Russians, flying a Liberian flag, carrying an American cargo and pouring oil on to the Welsh coast. But who takes the blameΛPublished as the stricken tanker ‘Sea Empress’ was spilling oil into the sea off 4.01 Milford Haven in the UK, this quotation graphically illustrates how shipping, by its nature, is transnational.