bluuebunny/crossref_metadata_2025 huggingface dataset:
Tactical Implications Of Concurrent Proceedings
Authors: Nazzini Renato
Published: November 2023

In this chapter, some tactical implications of concurrent proceedings will be analyzed. The possibility of several sets of proceedings being brought in respect of the same infringement of competition law may be exploited to the advantage of complainants/claimants and complainees/defendants. At the same time, parties should be aware of the risks that concurrent proceedings pose to the speedy resolution of their complaints and cases.
General Conclusions
Authors: Nazzini Renato
Published: November 2023

This chapter focuses on the main themes of the analysis of concurrent proceed-It puts forward policy recommendations in the three areas examined throughout this study: stays of proceedings, the binding effect of administrative decisions, and disclosure and admissibility of evidence. Detailed conclusions on the many issues dealt with in this book are to be found at the end of the relevant sections and chapters. This general conclusion looks at the broader picture. It identifies the structural dialectic of the tensions revealed by the dynamics of concurrent enforcement and examines the issue as to whether Regulation
Introduction
Authors: Yeo Tm
Published: November 2023

The subject of conflict of laws deals with the resolution of disputes involving foreign elements. It is traditionally divided into three parts. The first deals with jurisdiction: when does the forum have jurisdiction to hear the case, and to the extent that it is still part of the jurisdictional rules, is it the most appropriate forum in which to hear the case? The second is choice of law: which system of domestic law should the court apply to answer the substantive legal question? The third deals with the recognition and enforcement of foreign judgments.
Relationship between Equitable Doctrines and Choice of Law
Authors: Yeo Tm
Published: November 2023

It was sought to show in Chapter 1 that choice of law analysis is relevant when a litigant is seeking to rely on the equitable principles of the forum or analogous principles in foreign law; there is nothing in the nature or operation of the equitable principles of the forum that necessarily precludes the consideration of the choice of law question. On this basis, this chapter considers the approach to be taken to choice of law analysis when­ ever claims or issues raise the possibility of applying English equity (or foreign analogous doctrines), by analysing different models of the relationship between choice of law rules and English equity.
Substance and Procedure
Authors: Yeo Tm
Published: November 2023

The distinction between substance and procedure is fundamental to the 4.01 conflict of laws. Issues of substance are subject to choice of law rules, but issues of procedure are governed by the law of the forum. Historically, the English courts have given a wide meaning to ‘procedure’, but it has been noted that this attitude is currently viewed with disapproval because of its tendency to undermine the objectives of choice of law rules.
Contracts and Agreements
Authors: Yeo Tm
Published: November 2023

This chapter examines the extent to which issues involving equitable doc­ trines may be analysed within choice of law rules for contractual issues. There are two regimes in English law. The common law regime, which applied to all contracts entered into prior to 1 April 1991, has been largely superseded by the Rome Convention. Because of similarities between the regimes, for the most part they will be discussed together. Differences where relevant will be highlighted.
Conclusion­Equity in Domestic Law and Choice of Law
Authors: Yeo Tm
Published: November 2023

In the introduction to Restitution and the Conflict of Laws (FD Rose (ed), 1995), Lord Millett commented on the growing importance of the law of restitution in the face of increasing international financial scams in a globalized world, and lamented the lack of treatment of the subject from the perspective of conflict of laws in the major conflict of laws textbooks. The same, if not a stronger, statement can be made regarding the equitable principles of the forum and analogous equitable doctrines of other countries, some of which can play important roles in combating international fraud, and many of which are important to commercial life generally. There is a clear need for greater and sustained treatment of the subject.
Clusters, Networks, and Innovation: Research Results and New Directions
Authors: Breschi Stefano , Malerba Franco
Published: November 2023

During the past decade or so, the geography of economic activities and the analysis of clusters have resurged as key issues in the research agendas of scholars from quite diverse economic fields. Although the idea dates back to Marshall (1920) and has been developed subsequently by other economists, such as Perroux (1950), Hirschman (1958), and Jacobs (1961) to mention a few, the resurgence of geography is not casual and reflects a deep trend in contemporary economies. Without rehashing the controversy between regional economists and new economic geographers (Martin and Sunley, 1996), the rediscovery of space and territory springs from the increasing awareness that variations across regions in economic growth and performance ultimately depends on a set of factors and resources - know ledge, capabilities, skilled human capital, institutional and organizational structures - which are specific to certain locations and relatively immobile in space.
Buzz: Face-to-Face Contact and the Urban Economy
Authors: Storper Michael , Venables Anthony J
Published: November 2023

Face-to-face contact remains central to co-ordination of the economy, despite the remarkable reductions in transport costs and the astonishing rise in the complexity and variety of information - verbal, visual, and symbolic which can be communicated near instantly. Over the past quarter century, long-distance business travel has grown faster than output and trade (Hall, 1998). There must be powerful reasons for economic agents to congregate and see each other,given the relatively high pecuniary and opportunity cost of business travel. Forces of urbanization and localization remain strong. For example, the geographical density of employment in many sectors in the US has actually increased in recent years (Kim, 2002).
The Geography of Knowledge Spillovers: Conceptual Issues and Measurement Problems
Authors: Breschi Stefano , Lissoni, Francesco , Montobbio Fabio
Published: November 2023

We would like to thank the participants to the 45th Scientific Meeting of the Italian Economic Association (SIE: 22-23 October, 2004 University of Bologna), Davide Castellani and Alessandra Tucci for useful comments and suggestions. Stefano Breschi gratefully acknowledges financial support from University Bocconi and from the Italian Ministry of Education, Research and University (MIUR). Francesco Lissoni ‘s contribution benefited from support by the Italian Fulbright Commission and the hospitality of the Sloan School of Management at MIT. The usual disclaimers apply. This chapter surveys the recent empirical literature that uses mainly plant level data and panel econometric techniques to explore the existence and spatial extent of knowledge spillovers. Following Griliches (1992) the existence of two types of knowledge spillovers is considered: pure knowledge spillovers and rent (or pecuniary) spillovers.
David and Goliath in the Risk Society: Making Sense of the Conflict between Shell and Greenpeace in the North Sea
Authors: Tsoukas Haridimos
Published: November 2023

IN June 1995 Shell and Greenpeace locked horns in the North Sea, over the offshore disposal of Brent Spar, a defunct oil platform which had been decommissioned after nearly twenty years of service. The Brent Spar controversy, which originally started as a local incident involving Greenpeace, Shell UK, and the British government, escalated rapidly and, mainly through in tense media-generated publicity, quickly assumed wider significance, involving European governments and consumer boycotts in several Western European countries. In the end, Shell was forced to reverse its decision. The purpose of this chapter is to understand how the victory of a small organization such as Greenpeace over a large organization such as Shell was made possible.
The Firm as a Distributed Knowledge System: A Constructionist Approach
Authors: Tsoukas Haridimos
Published: November 2023

THERE are two key questions mainstream management researchers have traditionally addressed in their studies of firms’ behaviour. First, in what direction should a firm channel its activities? And second, how should a firm be organized? The first is a question of strategy, the second of organization design. What are the typical assumptions behind these questions? What do they take for granted? First, that there is a quasi-optimum in (or at least, a good enough solution to) what a firm should pursue and how it should be organized. And second, that the quasi-optimum can be reached if all the necessary knowledge is possessed by strategists, if a system of preferences is already established, and if the relationship between means and ends is known (Min tzberg 1990: 180-7; Mintzberg, 1994: ch. 5).
What is Organizational Knowledge?
Authors: Tsoukas Haridimos , Vladimirou Efi
Published: November 2023

THE aim of this chapter is to explore the links between individual know ledge, organizational knowledge, and human action undertaken in organized contexts. Those links have remained relatively unexplored in the relevant literature, a large part of which, captive within a narrowly Cartesian under standing of knowledge and cognition, has tended to privilege ‘pure’ know ledge and thinking at the expense of outlining the forms of social life which sustain particular types of knowledge (Tsoukas 1996, 1997, 1998; Varela, Thompson, and Rosch 1991; Winogrand and Flores 1987).
Fourteen
Authors: Tsoukas Haridimos
Published: November 2023

THE prevailing view of theory development in organization studies (OS) has, for quite some time, been that theory development takes place within incommensurate paradigms. This claim is typically made by theorists of an anti-positivist or ‘critical’ epistemological bent. Another widespread view has been that if the knowledge produced in OS is to be instrumentally used by practitioners, such knowledge needs necessarily to be tested for its generality and scope of application. This claim is put forward by, typically, positivist and some action-oriented researchers. While both meta-theoretical views have elements of truth, they conceal more than they reveal. What they have in common is a mentalistic understanding of research, whereby the latter is predominantly seen as a series of competing abstract knowledge claims. In this chapter I challenge this mentalisitc understanding by conceiving of organizational research as knowledge-based work, and explore the implications for paradigm incommensurability, theory development, and theory use.
The Conduct of Strategy Research: Meta-theoretical Issues
Authors: Tsoukas Haridimos , Knudsen Christian
Published: November 2023

Parameter: [[⃛ ]The question is, what is management science? Most of it these days sells itself as corporate strategy. I’m not well up on this, but it seems to be mostly platitudes. Invest in R&D, but not too much. Be ruthlessly efficient, but be nice to your workers. Manage decisively, but empower your subordinates. Be big but not too big. On the other hand, don’t be too small. Listen to your customers. Concentrate on quality. Concentrate on value for money. On market share. On share holder value.
New Times, Fresh Challenges: Reflections on the Past and the Future of Organization Theory
Authors: Tsoukas Haridimos
Published: November 2023

As one would expect of all social scientific fields, organization theory bears the marks of its birth. Ever since Weber, OT has largely been concerned with the study of formal organizations. Organization, understood as the generic phenomenon of patterned interaction, has been approached from the perspective of how coordinated interaction is authoritatively achieved within formal organizations (Barnard 1968; March and Simon 1993; Thompson 1967).
Path Dependency, Institutional Complementarity, and Change in National Business Systems
Authors: Deeg Richard
Published: November 2023

The concept of path dependency is widely invoked in the social sciences to explain institutional continuity and-to a lesser extent institutional change. This is no less true of the various literatures which characterize and theorize about national business systems or models of capitalism. Yet, outside its formal application in economics to specific firms or technologies (e.g. Arthur 1994), the theory of path dependence is surprisingly underdeveloped. The exceptional efforts of North (1990) and others notwithstanding, the application of path dependent arguments to social and political institutions still lacks adequate theoretical specification and empirical examination.
Internationalization and Capability Development in Professional Services Firms
Authors: Morgan Glenn , Quack Sigrid
Published: November 2023

Over the last two decades, the service sector has become increasingly internationalized. As well as exporting services to other countries, firms have established a variety of organizational forms and networks in order to enable themselves to deliver services across national borders. Whereas some consideration has been given to understanding strategic issues (Aharoni 1993; Baden-Fuller 1993; Dezalay 1993; Dezalay and Sugarman 1995; Dunning 1993), very little is known about the internationalization of service sector firms at the level of organization, management, and work processes. This is particularly true for what in the literature have been referred to as ‘professional services firms’, characterized by the knowledge intensity of their services, their dependency on highly skilled employees (often but not always accredited professionals) and the intangibility and customization of solutions delivered to their customers (Alvesson 2001; Empson 2001a,b; Greenwood and Lachman 1996; Greenwood et al. 1999; Lowendahl 2000; Maister 1993; Morris and Empson 1998; Rose and Hinings 1999).
Institutional Complementarities, Path Dependency, and the Dynamics of Firms
Authors: Morgan Glenn
Published: November 2023

The contributions to this book have analysed the relationship between firms and institutions and how this influences change processes within national and international contexts. Building on different institutionalist approaches, all the contributions have emphasized that the degree of complementarity between institutions varies across societies and firms are able to use this variability, both within societies and across them, to develop new patterns of action that in turn contribute to the reshaping of institutions at the national and the international level. In this final chapter, I wish to draw out and make explicit some of the key points emerging from these contributions.
Copyright and Free Speech Theory
Authors: Barendt Eric
Published: November 2023

The relationship between freedom of speech and copyright protection has 2.01 increasingly attracted the attention of copyright lawyers.1 They have become troubled by the impact on freedom of expression of the recent extension of See, eg, P Samuelson, ‘Copyright, Commodification, and Censorship: Past as Prologue but to what Future?’ and PB Hugenholtz, ‘Copyright and Freedom of Expression in Europe’, in N Elkin-Koren and NW Netanel (eds), The Commodification of Information (The Hague: Kluwer, 2002), 63, 239; M Birnhack, ‘The Copyright Law and Free Speech Affair: Making-up and Breaking-up’ (2003) 43 Idea: J L & Technology 233; D Fewer, ‘Constitutionalizing Copyright: Freedom of Expression and the Limits of Copyright in Canada’ (1997) 55 U Toronto Faculty L Rev 175; P Drahos, ‘Decentring Communication: The Dark Side of Intellectual Property’, in T Campbell and W Sadurski (eds), Freedom of Communication (Aldershot: Dartmouth, 1994), 249.
Copyright and the First Amendment: What Eldred Misses-And Portends
Authors: Netanel Neil Weinstock
Published: November 2023

The First Amendment provides that ‘Congress shall make no law abridging the freedom of speech.’ Copyright law’s potential for abridging speech has long been recognized in US case law, legislation, and commentary. Some of the cases are cited in note 3 below. Among an outpouring of recent commentary, see CE Baker, ‘First Amendment Limits on Copyright’ (2002) 55 Vanderbilt L Rev 891; Y Benkler, ‘Free as the Air to Common Use: First Amendment Constraints on the Enclosure of the Public Domain’ (I 999) 74 New York U L Rev 354; MA Lemley and E Volokh, ‘Freedom of Speech and Injunctions in Intellectual Property Cases’ (1998) 48 Duke L J I 47;
Copyright and Free Speech in Transition: The Russian Experience
Authors: Rajan Mira T Sundara
Published: November 2023

Copyright grants authors a monopoly right in their work, while it abruptly curtails the right of the general public to enjoy and make use of the fruits of knowledge, an essential aspect of the many-layered right to free speech. The progress of the ‘Digital Age’, our ongoing revolution in information and communications technology, has further polarized copyright and free speech. The intensification of this conflict largely owes itself to the greatly expanded reach of copyright law in the environment of new technology.
The Incidence of Cross-border Consumer Litigation
Authors: Hill Jonathan
Published: November 2023

Before the discussion turns to the legal framework which regulates cross-border consumer litigation, it is worth considering why this type of litigation is such a rare phenomenon. The first and most obvious point is that there are far fewer cross-border consumer contracts than there are domestic consumer contracts; if consumers tend not to make purchases from abroad, there will be few cross-border contracts and less scope for cross-border disputes. However, even as regards those cross-border contracts which do occur, there are three ‘filters’ each of which has a role to play in preventing cross-border consumer litigation from occurring. First, there are various factors which prevent complaints arising from cross- border consumer contracts.
Cross-border Consumer Litigation: Jurisdiction Rules
Authors: Hill Jonathan
Published: November 2023

This chapter considers the principles which determine whether or not the English courts may assume jurisdiction in relation to disputes which arise from cross-border consumer contracts—but excluding specific e-commerce issues1 and the potential impact of dispute-resolution clauses. For reasons already considered, cross-border litigation involving consumer contracts is very unusual and arises only in exceptional circumstances—for example, when significant sums of money are at stake.
Alternative Dispute Resolution: Introduction
Authors: Hill Jonathan
Published: November 2023

One of the important strands in the development of consumer protection over the course of the last half century concerns access to justice. It has been widely recognized that an absence of quick, simple, and cheap mechanisms whereby consumers are able to vindicate their legal rights results in consumers being poorly served by the legal system. However, there is little agreement on what should be the answer to this problem. There is a tendency among lawyers to think that the answer lies in fine tuning legal rules and procedures with a view to trying to make the courts more accessible to consumers.
Public Procurement In The Common Market Context
Authors: Bovis Christopher
Published: November 2023

The establishment of the common market, as the core objective envisaged by the Treaty of Rome (the Treaty creating the European Economic Communities) and reinforced by the Treaty of Maastricht (the Treaty creating the European Union) is to be achieved through the progressive approximation of the economic policies of member states. The concept of the common market embraces the legal and economic dynamics of the European integration process, with clear political ambitions from its accomplishment, and presents the characteristics of a genuine integral market.
The Applicability of The Utilities Rules
Authors: Bovis Christopher
Published: November 2023

The Utilities Directive applies to the award for contracts between contractors, suppliers, or service providers, and contracting entities. The terms ‘contractor’, ‘supplier’ or ‘service provider’ mean either a natural or a legal person, or a contracting entity, or a group of such persons or entities which offers on the market, respectively, the execution of works, products, or services. The term ‘economic operator’ covers equally the concepts of contractor, supplier. and service provider and it is used for simplification purposes.
Award Procedures and Criteria
Authors: Bovis Christopher
Published: November 2023

The process of liberalizing public procurement relies to a great extent on the principle of objectivity in the award of public contracts. The Court had the opportunity to reflect on award procedures under the relevant Directives and subject the negotiated procedures, particularly those without prior advertisement, to a restrictive interpretation. According to the Procurement Directives, negotiated procedures without prior notification shall be used restrictively inter alia ‘. . . when for technical or artistic reasons or reasons connected with the protection of exclusive rights the services could only be procured by a particular provider . . . and . . . in cases of extreme urgency brought about by events unforeseeable by the contracting authority.’
Heaven Lost and Heaven Longed for
Authors: Saward John
Published: November 2023

As monks have always done, the Carthusians of fifteenth-century Villeneuve made a habit of meditating on the last things of man: on death and judgement, on Heaven already attained, but also on ‘Heaven lost’, which is Hell, and ‘Heaven Longed For’, which is Purgatory. When they knelt before the Coronation altarpiece, they could see, at the bottom on the right, the pit of Hell, which Quarton, like Dante, places immediately underneath Jerusalem at the centre of the earth. On the left of the painting, underneath the city of Rome, is Purgatory.
Policy Drift: The Hidden Politics of US Welfare State Retrenchment
Authors: Hacker Jacob S
Published: November 2023

For over two decades, the social policies of advanced democracies have faced major strains.1 Yet only recently have analysts devoted themselves in earnest to exploring the changes that these pressures have wrought. These inquiries have produced a large, growing, and increasingly sophisticated body of research, the overwhelming verdict of which is that remarkably few systems of social protection have experienced fundamental shifts (e.g. Pierson 1994, 1996, 2001; Esping-Andersen 1999; Bonoli, George, and Taylor-Gooby 2000; Huber and Stephens 2001; Korpi and Palme 2001). In this now-conventional wisdom, welfare states are under strain, cuts have occurred, but social policy frameworks remain secure, anchored by their enduring popularity, powerful constituencies, and centrality within the post war order.
Redeploying the State: Liberalization and Social Policy in France
Authors: Levy Jonah D
Published: November 2023

France has long been paired with Japan as the archetypal state-led political economy (Shonfield 1965; Cohen 1977; Katzenstein 1978; Zysman 1983; Hall 1986).1 For decades, French planners aggressively manipulated an array of policy instruments-from trade protection, to subsidies, to cheap credit, to exemption from price controls-in an effort to accelerate the pace of economic modernization. French authorities channeled resources to privileged groups, favoring investment over consumption, industry over agriculture, and big business over small. They also ‘picked winners’, both specific sectors, such as coal and steel in the reconstruction era and nuclear power and telecommunications in the 1970s, and specific firms, the so-called ‘national champions’, multinational corporations anointed as France’s standard-bearers in the battle for global economic leader­ ship.
Change from Within: German and Italian Finance in the 1990s
Authors: Deeg Richard
Published: November 2023

It hardly needs to be stated that there have been tremendous changes in the European political economy over the last two decades. But just how profound are these changes? To put it in more theoretic terms, are we simply witnessing a period of relatively rapid evolution along old institutional trajectories (paths), or are we in fact witnessing a critical historical juncture that is launching nations onto new trajectories? How can we determine when an existing institutional path or trajectory is ending and being replaced with a new one? How does such a process take place? How can we distinguish between institutional innovation within an existing trajectory and a switchover to a new trajectory or path?
Financial Collateral
Authors: Benjamin Joanna
Published: November 2023

Financial collateral is the use of financial assets in security, quasi security, or title transfer collateral arrangements. The most important form of financial collateral assets are cash, investment securities, and credit claims. The first two of these fall within the current scope of the Financial Collateral Directive, and form the focus of this discussion. The last is proposed to be included, as discussed below. Also widely used are standby credits2 and receivables other than credit claims. A receivable is a contractual right to receive payment. Receivables are widely used to collateralize corporate borrowings, and also in ABS transactions, as discussed in Chapter 18.
The Competition Objective
Authors: Cameron Peter Duncanson
Published: November 2023

The goal of promoting competition in European energy markets has always had to jostle for policy space alongside two other important concerns: on the one hand, the provision of energy security in a region characterized by a high and growing dependence on external sources for its primary energy consumption and, on the other, the achievement of environmental sustainability. Their uneasy co-existence has been a much noted feature of European energy policy over the years, particularly since the competition goal acquired the status of primus inter pares with the internal market programme since the late 1980s. Very recently, the competition goal appears to have experienced a relative decline, even as the internal energy market programme has begun to make a real impact.
The Eu System Of Energy Regulation
Authors: Cameron Peter Duncanson
Published: November 2023

One of the most striking innovations in the body of sector specific energy law is the requirement that each Member State establish ex ante regulation of networks by means of a specialist energy authority. The minimum functions and responsibilities for such regulators are set out in the Electricity and Gas Directives. In each of the 27 Member States there is now such a regulatory authority. It is tempting to focus on this innovation—which is undoubtedly significant for the promotion of competition—and infer from subsequent or related regulatory actions that a trend is at work towards the kind of ‘regulation for competition’ that one finds in some liberalizing nation-states.
Introduction To Part II: Sector Regulation
Authors: Cameron Peter Duncanson
Published: November 2023

The purpose of this second part of the book is to examine the rules of European law that are applicable to the various energy sub-sectors: electricity, gas, oil, coal, nuclear energy, and renewable energy. The scope of competition in these sub-sectors varies considerably at the European level according to the legal frameworks, policy priorities, and the need to accommodate national initiatives, sometimes pre-existing and often pursued at different levels of intensity. They represent a mix of the new energy law, in which the competition objective is the dominant policy aim, and an earlier approach, which has usually given at least co-equal status to the goal of energy security. In four of these sub-sectors, the principal rules are laid down by means of secondary legislation, and are of fairly recent origin.
Nuclear Energy
Authors: Cameron Peter Duncanson
Published: November 2023

Issues of competition in the nuclear sector have arisen in recent years more in relation to the operation of general rules on state aids than to the sector-specific law. Indeed, the framework of European law for this sector contrasts with that of all other energy sectors, since nuclear energy has its own special legal base in EC primary law, with a Treaty all to itself. There are differences of opinion about the applicability of general rules of EC law.As a lex specialis, the applicable legal principle is that a specific law takes precedence over a general law (lex specialis derogat legi generali ). The relationship between the two Treaties is governed by Article 305(2) of the EC Treaty.
Competition In Upstream Markets
Authors: Cameron Peter Duncanson
Published: November 2023

The impact of EU law on the hydrocarbons sector has differed considerably between oil and gas. The oil market is global in character, and effective commodity markets in crude oil and petroleum products have existed for some time. Legal action to promote liberalization has therefore been deemed largely unnecessary. However, there are two exceptions to this. First, in the market for petroleum products, the Commission used its powers under Article 31 EC to pursue the dismantling of ‘oil products monopolies’ in France and Greece during the 1980s. The second exception was the hydrocarbons licensing legislation (see Chapter 7).
State Aid
Authors: Cameron Peter Duncanson
Published: November 2023

For many years state aid control appeared to have only a minor role to play in the energy sector and especially in the internal market programme. The principal exception was the provision made for ‘stranded assets’. This has begun to change. Like the areas of antitrust and merger control, the drivers for change have been partly from the liberalization process in the energy sector and partly from wider changes in thinking about the application of state aid control. Another driver has been the need to accommodate the growing impact of measures taken to promote environmental protection and climate change
Environmental Protection
Authors: Cameron Peter Duncanson
Published: November 2023

The commitment of the EC Treaty to a policy on the environment which ensures a high level of environmental protection and an improvement in its quality is clear.1 The Treaty sets out parameters for that policy and requirements as to its implementation. Under Article 6 EC environmental protection requirements have to be integrated into the definition and implementation of all Community policies and actions referred to in Article 3 EC, in particular with a view to promoting sustainable development.
What Do We Know about Management Control Systems and Strategy?
Authors: Langfield-Smith Kim
Published: November 2023

Over the past decade, there has been a massive growth in published research that investigates the interrelationship between management control systems (MCS) and strategy. It is a popular theme and much of the research has important practical implications for the design of MCS and the formulation and implementation of strategy in a range of organizations. The previous two chapters set out a broad range of theoretical perspectives that have emerged to help us understand the ways in which MCS both direct strategic thinking and influence behaviours towards the attainment of strategic goals. This chapter focuses on some key areas of empirical research that investigate strategy and MCS. The purpose of the chapter is to summarize and explain what we know about this relationship, and what we need to investigate in the future.
Moving from Strategic Measurement to Strategic Data Analysis
Authors: Ittner Christopher D , Larcker David F
Published: November 2023

Management control theories argue that the key goals of strategic control systems are communicating strategic direction and priorities, developing mechanisms for determining whether the chosen strategy is achieving its objectives, and providing information that can be used to modify actions in order to achieve desired goals. As discussed in other chapters, the initial development of strategic control systems requires the firm to determine the system’s primary objectives (Hansen and Mouritsen 2005), allocate resources to achieve these objectives (Miller and O’Leary 2005), and develop formal and informal control systems for guiding and evaluating routines and practices for consistency with strategic goals (Ahrens and Chapman 2005).
1940
Authors: Reynolds David
Published: November 2023

In the early morning of Friday 10 May 1940, German troops invaded Holland and Belgium. The next six weeks have become some of the most celebrated in the history of the twentieth century.1 By 15 May the German armour had punched a 50-mile-wide hole through the weakest part of the French front around Sedan, and the French premier, Paul Reynaud, was already telling his British counterpart, Winston Churchill, ‘we are beaten;
Churchill, Roosevelt, and the Wartime Anglo-American Alliance
Authors: Reynolds David
Published: November 2023

The wartime alliance was Winston Churchill’s creation. That is a statement about historiography as much as history. Churchill popularized the term ‘Special Relationship’ in his Fulton speech of 5 March 1946—an eloquent appeal for the USA to perpetuate the wartime Anglo-American alliance into the post-war era.1 He also used his war memoirs, the six-volume history of The Second World War published between 1948 and 1954, in part to develop the same theme by laying ‘the lessons of the past before the future’.2
Churchill and the British ‘Decision’ to Fight on in 1940
Authors: Reynolds David
Published: November 2023

The summer of 1940 has gone down in patriotic folklore as Britain’s finest hour. After France had collapsed, the British people fought on alone but united, aroused by the miracle of Dunkirk, protected by the heroic RAF, inspired above all by Churchill’s bulldog spirit—‘victory at all costs’, ‘blood, toil, tears and sweat’, ‘we shall fight on the beaches… we shall never surrender’.
Churchill the Appeaser?
Authors: Reynolds David
Published: November 2023

On Bonfire Night, 5 November 1944, a German V-1 ‘flying bomb’ landed in Sussex. Nothing surprising in that: southern England had been under fire since June. But this V-1 carried propaganda not explosives. Its four-page leaflet explaining why Britain should sue for peace ended with a V-1 shaped crossword. The clues and answers included the following:
Churchill and Allied Grand Strategy in Europe, 1944–1945
Authors: Reynolds David
Published: November 2023

Winston Churchill did not always get his way: British grand strategy in the last year of the war was not simply a mirror of his mind. But the prime minister played a more active, hands-on role in the daily making of policy than did Franklin D. Roosevelt. The US Army chief of staff, General George C. Marshall, confessed after the war that ‘sometimes I didn’t see the President for a month’.1 Marshall’s British counterpart, Sir Alan Brooke, would often have regarded even a week without Churchill as paradise. Roosevelt was generally content to set the course and leave the details to Marshall and the Joint Chiefs, whereas British strategy, grand or operational, in 1944–45 bears Churchill’s imprint at every stage.
The President and the British Left
Authors: Reynolds David
Published: November 2023

Little that Franklin Roosevelt did was ever simple or straightforward. ‘A man who would never tell the truth when a lie would serve him just as well,’ was Douglas MacArthur’s bitter epitaph.1 The President’s closest associates often despaired of his deviousness. ‘You won’t talk frankly even with people who are loyal to you and of whose loyalty you are fully convinced,’ complained Harold Ickes. ‘You keep your cards close up against your belly
Whitehall, Washington, and the Promotion of American Studies in Britain, 1941–1943
Authors: Reynolds David
Published: November 2023

Most of Britain seems to believe that nothing happens in America except ‘gangster shootings, rapes and kidnappings’. That was the complaint of JosephP. Kennedy, the US Ambassador, in a speech in Liverpool in May 1939. Kennedy blamed this perception on the British belief that American ‘home life, history, and even legal practice are typed by motion pictures’. He appealed for better press coverage of the United States and for the study of American history in British schools and universities.1
Churchill, Roosevelt, and the Stalin Enigma, 1941–1945
Authors: Reynolds David
Published: November 2023

As the Second World War progressed, the Anglo-American couple became part of a ménage à trois. But the Soviet Union proved a difficult and unpredictable bedfellow. In a radio broadcast on 1 October 1939, Churchill described Russian foreign policy as ‘a riddle wrapped in a mystery inside an enigma’.
The ‘Big Three’ and the Division of Europe, 1945–1948
Authors: Reynolds David
Published: November 2023

Winston Churchill called the Second World War ‘the unnecessary war’.1 In the first volume of his war memoirs he set out to show how it could have been avoided if the allies of 1914–18 had maintained their unity and had enforced the peace treaties agreed in Paris. It would be going too far to depict the Cold War as ‘unnecessary’, but it was definitely unwanted and unintended. In 1945 all the ‘Big Three’—Great Britain, the Soviet Union, and the United States—wished to maintain their wartime alliance as the basis for post-war international cooperation, even though each understood cooperation in different ways.
Introduction
Authors: Roberts Catherine
Published: November 2023

The statutory rule found in section 151 of the Companies Act 1985 imposes a general prohibition against a company, or any of its subsidiaries, giving financial assistance to a person, either directly or indirectly, for the purpose of an acquisition of the company’s own shares. This rule has links with a fundamental principle at the core of Company Law, namely maintenance of capital. The rule can be seen as a method by which a company’s capital is maintained for the protection of a company’s creditors, and a company’s assets are protected against misuse and dissipation by directors and controlling shareholders. The rule is also the method by which Article 23 of the Second Company Law Directive, on the maintenance and alteration of capital of public limited companies, is implemented. Under the terms of Article 23(1) of the Second Company Law Directive, a public company may not advance funds, nor make loans, nor provide security with a view to the acquisition of shares by a third party.
Structure of the Financial Assistance Provisions Under the Companies Act 1985
Authors: Roberts Catherine
Published: November 2023

The overall structure of the eight statutory provisions prohibiting a company providing financial assistance for the acquisition of its shares could be summarized as follows: prohibition (section 151(1) and (2)); sanction (section 151(3)); partial ‘definition’ (sections 152 and 154); and exemptions (sections 153 and 155 to 158).
Proposals for Reform of the Law Relating to Financial Assistance
Authors: Roberts Catherine
Published: November 2023

In the twenty years since its enactment, the current legislation setting out the statutory prohibition on a company providing financial assistance for the acquisition of its shares has been the subject of much scrutiny and comment. Over the years, there have been many calls for legislative reform of these complex statutory provisions, particularly insofar as the prohibition applies to solvent private companies. It is remarkable that a handful of legislative provisions should have been the subject of so much comment.
Application by Dissenting Members to Cancel a Special Resolution Approving Financial Assistance
Authors: Roberts Catherine
Published: November 2023

Although there is a general prohibition on the giving of financial assistance by a company for the purchase of its own shares, a solvent private company is enabled to give financial assistance for the purchase of its own shares, or the shares of another private company of which it is a subsidiary. This ability of private companies to give financial assistance is not an unfettered right. Private companies may only give financial assistance if there is due and proper compliance with all of the conditions and procedures stipulated in sections 155 to 158 of the Companies Act 1985. Foremost among these conditions is the requirement that the opinion of the directors as expressed in the statutory declaration or statement is verified by a report made by the auditors of the company, and that the giving of the proposed financial assistance is approved by a special resolution of the members of the company passed at a duly convened general meeting.
Introduction
Authors: Furse Mark
Published: November 2023

Introducing the inaugural volume of the Washington University Global Studies Law Review, which dealt with antitrust law in the Asia-Pacific area, Haley drew attention to the fact that ‘[t]he enactment of antitrust legislation has become a global phenomenon. Antitrust law has, in effect, become the latest fashion.’1 The reasons for this are complex, but are at least related to an increasingly generalized acceptance that liberal market economies (privatized where State ownership was common) are to be preferred over managed (socialist) economies.
The Chinese Antitrust Law Regime
Authors: Furse Mark
Published: November 2023

The new general competition law in China, ‘the Anti-Monopoly Law’, enacted in August 2007, entered into force on 1 August 2008. The context in which this occurred has been discussed in Chapter 1, above. At the time of writing only a small number of decisions have been made by the administrative agencies, or cases brought by private parties, and much remains to be done to implement the law, and thus the picture remains in some aspects unclear.
China Merger Control
Authors: Furse Mark
Published: November 2023

Given the global importance of Chinese trade and the level of business conducted in China it is possible that ‘China has the potential, alongside the European Union and [the] United States, to develop into a key jurisdiction in deciding whether a transaction can be completed or not’.1 Prior to the enactment of the AML the only laws which governed merger control in China were directed at foreign acquisitions of Chinese enterprises, or related to specific industries.
Antitrust in Hong Kong
Authors: Furse Mark
Published: November 2023

As noted in Chapter 1-1, in March 2007, having robustly rejected calls for the introduction of a general law of competition for a number of years, the Hong Kong government took the decision to bring such a law forward. It is not entirely clear why this decision was made, although the fact that China introduced its Anti-Monopoly Law in 2007 did not go unnoticed in Hong Kong. At the time of writing a draft law has not yet been published.
Taiwan Monopoly and Abuse of Dominace
Authors: Furse Mark
Published: November 2023

There are no further provisions in the legislation which clarify the conduct pro-scribed by this article, and no guidelines have been published in relation to monopoly conduct generally, although some further guidance may be obtained from case law which is discussed below. Further rules relating to the determination of whether an enterprise is monopolistic are set out in arts 5 and 5-1 of the TFTA, and in the Enforcement Rules to the Fair Trade Act of 2002, and are discussed below.
Taiwan Procedure
Authors: Furse Mark
Published: November 2023

In essence the Fair Trade Act (‘TFTA’) is a form of administrative law, with the Fair Trade Commission (‘TFTC’) being placed at the heart of the enforcement mechanisms relating to the TFTA’s application. Chapter IV of the TFTA sets out the primary rules applicable to the role of the TFTC. Article 25 provides that in addition to having a role in the development of competition policy and law the TFTC is to review fair trade matters relating to the TFTA, investigate activities of enterprises and economic conditions, and investigate and dispose of any case violating the TFTA.
Korea Procedure
Authors: Furse Mark
Published: November 2023

The outline of the institutional regime relevant to the application of competition law in Korea has been dealt with earlier in this Part. The procedures relating to the merger control regime have been covered in Part 5-4, and are not further dealt with here. In November 2005 the KFTC amended its case handling process, adopting a new ‘deliberation preparation process’.
Vietnam Procedure
Authors: Furse Mark
Published: November 2023

Chapter 5 of the Vietnam Law on Competition (‘VLOC’) which deals with the investigation and handling of competition cases1 is the longest chapter of the Law, containing details relating to investigative procedures, the participants in them including those in the responsible agencies, hearings, the effect of decisions taken, complaints about decisions, and the treatment accorded to violations of the legislation.
The Power Elite
Authors: Mills C Wright
Published: November 2023

The truth about the nature and the power of the elite is not some secret which men of affairs know but will not tell. Such men hold quite various theories about their own roles in the sequence of event and decision. Often they are uncertain about their roles, and even more often they allow their fears and their hopes to affect their assessment of their own power. No matter how great their actual power, they tend to be less acutely aware of it than of the resistances of others to its use. Moreover, most American men of affairs have learned well the rhetoric of public relations, in some cases even to the point of using it when they are alone, and thus coming to believe it. The personal awareness of the actors is only one of the several sources one must examine in order to understand the higher circles. Yet many who believe that there is no elite, or at any rate none of any consequence, rest their argument upon what men of affairs believe about themselves, or at least assert in public.
Changing Spaces: The Disruptive Impact of a New Epistemological Location for the Study of anagement
Authors: Knights David
Published: November 2023

Positive knowledge and positivism (the set of methods that deny the distinctive nature of the social in contrast to natural phenomena) are almost indistinguishable. The desire to represent a closure on reality frequently involves an un reflexive use of methods (e.g., experiments, hypothesis testing, quantifications) assumed to be successful in the natural sciences and readily transferrable to the domain of the social sciences. Clearly, one of the conditions that makes it possible to treat knowledge as a correspondence between representations and the reality to which they supposedly refer is a positivist belief in the ontological continuity of the natural and the social world (Douglas 1970). The collapse into positivism, then, is not all that surprising.
The Managing of the (Third) World
Authors: Cooke Bill
Published: November 2023

This article is about the relationship between management and the Third World. Its significance, however, is for understandings of management in and of both First and Third Worlds. It builds from an agreement with Diana Wong- MingJi and Ali Mir (1997) that what is taken as ‘management’ in the First World, in the field of management and organization studies (MOS), its associated journals and texts, and the business and management schools that train its academics and practitioners, has ignored, with few significant exceptions, the Third World.