bluuebunny/crossref_metadata_2025_split huggingface dataset:
F
Authors: Toth A G 
Published: November 2023

Abstract
One of two kinds of penalty (the other being a periodic penalty payment) which the Commission may impose on undertakings and associations of undertakings in the field of general EC competition law, i.e. under Arts. 81 and 82 EC (see Arts. 23 and 24 of Council Reg. 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty, OJ 2003 L1/1, which replaced Arts. 15 and 16 of Council Reg. 17, First Regulation implementing Articles 81 and 82 of the Treaty, OJ Sp. Edn. 1959–62, p. 87, as from 1 May 2004). Arts. 23 and 24 of Reg. 1/2003 also apply to competition in the transport sector (which was governed by special provisions prior to 1 May 2004), but separate rules apply in the field of merger control (concentrations) (see further under Competition in transport, Merger control procedure, Periodic penalty payment).
I
Authors: Toth A G 
Published: November 2023

Abstract
Agreement between undertakings whereby the parties agree to exchange information, either directly between themselves or through a central agency acting as an intermediary, on quantities of goods which they produce and sell, prices, discounts and other terms of business, and on their suppliers and customers. Depending on how the information is collated and passed on, a distinction can be made between agreements which are for purely statistical purposes and those which identify individual undertakings. Information agreements do not necessarily have an anti-competitive object and are not therefore per se contrary to Art. 81(1) EC. In practice, the Commission has drawn an important distinction between information exchange systems which are neutral with regard to competition and those which are likely to affect competition, although admitting that such a distinction is not easy to make (see the Commission’s Notice of 29 July 1968 on co-operation agreements, JO 1968 C75/3, corrigendum at JO 1968 C84/14, point II(1); replaced by Commission Notice containing Guidelines on the applicability of Article 81 of the EC Treaty to horizontal co-operation agreements, OJ 2001 C3/2. The Guidelines do not deal with information agreements). The Commission has also laid down three main criteria to be taken into account in assessing the compatibility of information agreements with Art. 81(1) EC (see 7th Comp. Rep. (1977), pp. 18–21). These are as follows: First, the type of information exchanged. Generally, the Commission has no objection to the exchange of collated statistical information between national trade associations, either directly or through a reporting agency, which contains production and sales figures for the industry in question, provided that the breakdown of data by product, country and period of time does not enable the competitive behaviour of individual undertakings to be identified. On the other hand, the Commission will regard as prohibited practices organized exchanges of individual data concerning individual firms, such as figures on quantities produced and sold, prices and terms for discounts, general terms of sale, delivery and payment, etc. The Commission takes a particularly strict view of regular communication to the central agency of invoices or other information on individual undertakings which normally constitutes trade secret and is not required for the preparation of periodical statistics.
L
Authors: Toth A G 
Published: November 2023

Abstract
The Commission has taken a pragmatic approach towards co-ordination. Regardless of the presence of one, various or even all the undertakings concerned in the same market, the Commission ultimately analyses the interaction between the different geographic areas in which the undertakings concerned operate, the specifi c characteristics of each of them, and the natur and importance of the activities of the undertakings.
M
Authors: Toth A G 
Published: November 2023

Abstract
One of various types of agreement between undertakings which are prohibited by Art. 81(1) EC as being incompatible with the common market since their ‘object or effect’ is the prevention, restriction or distortion of competition. Thus, Art. 81(1)(c) expressly prohibits agreements which ‘share markets or sources of supply’, while Art. 81(1)(b) prohibits those which ‘limit or control production, markets, technical development, or investment’. Market-sharing is equally prohibited when it results not from a formal agreement but from a concerted practice between undertakings or from a decision by an association of undertakings. In fact, the form of collusion is largely immaterial, and in many cases the three different forms of prohibited co-operation overlap and are used in combination with one another to achieve the desired objective (see below, and see further under Agreement between undertakings, Concerted practice, Decision by an association of undertakings). For this reason, in this entry the term ‘marketsharing agreement’ normally includes market-sharing decisions and concerted practices as well.
N
Authors: Toth A G 
Published: November 2023

Abstract
Clause in a contract whereby one of the parties undertakes not to compete directly with the activities of the other. Such a clause is not per se prohibited by Art. 81(1) EC, but its compatibility with that provision depends on whether or not it has a beneficial effect on competition. In Case 42/84 Remia v. Commission [1985] ECR 2545 at pp. 2571–5, the ECJ held that a non-competition clause incorporated in an agreement for the transfer of an undertaking in principle contributes to the promotion of competition because it leads to an increase in the number of undertakings in the market concerned. It protects the buyer against competition from the seller who, with his detailed knowledge of the transferred undertaking, would be in a position, in the absence of such a clause, to win back his former customers and thus drive the buyer out of business. However, in order to have such a beneficial effect, the clause must be necessary to the transfer of the undertaking concerned and its duration and scope must be strictly limited to that purpose. Thus, the Court agreed with the Commission that in the case before it the prohibition on competition for a period of ten years was excessive and that only a duration of four years was objectively justified. Beyond the four-year period, the non-competition clause in question came within the prohibition laid down in Art. 81(1).
S
Authors: Toth A G 
Published: November 2023

Abstract
A distribution arrangement under which all dealers admitted to the supplier’s distribution network agree not to resell goods to dealers outside the network. Its usual commercial purpose is to allow the supplier to maintain control over the distribution chain through which its products reach the final user. The legality under competition law of contracts making up a selective distribution system depends on the terms of the contracts and on the market environment in which the system operates. The most common concern is that the agreements may infringe Art. 81 EC, but Art. 82 EC may also be relevant if the parties have substantial market power (see further under Abuse of a dominant position). A selective distribution system to which dealers are admitted on the basis of objective and qualitative criteria will usually not infringe Art. 81, unless there are many such systems in the market. If there are many such systems, or if the system is not based on objective and qualitative criteria, and the restrictions cannot be justified on the basis of efficiency gains relating to the specific type of goods concerned, the selective distribution system may infringe Art. 81 and be illegal and unenforceable.
T
Authors: Toth A G 
Published: November 2023

Abstract
An agreement or licence by which one party grants another party the right to exploit its technology right, which may be an industrial or intellectual property right, or certain other valuable technological information. Like all commercial agreements, technology transfer agreements are potentially subject to Art. 81 EC, and all the general rules of application of Art. 81 apply to such agreements. Similarly, if their use constitutes abuse of a dominant position they may infringe Art. 82 EC (see further under Abuse of a dominant position). The fact that intellectual property (IP) laws grant exclusive rights of exploitation does not make their exercise immune from the application of competition law (Cases 56/64 etc. Consten and Grundig v. Commission [1966] ECR 429). However it does influence the analysis of licence agreements, in that such agreements generally tend to reduce the impact of these exclusive rights on competition and therefore to have a positive effect on competition in the market. The Community Courts and the Commission recognize that the ability of the holders of IP rights to exploit those rights is of fundamental importance in stimulating and rewarding innovation, and consider that many licence agreements do not infringe Art. 81(1).
Introduction
Authors: Wheeler Sally 
Published: November 2023

Abstract
THE traditional view of the law, expressed in leading textbooks, particularly in the commercial arena, is of a doctrine which is certain and has a separate reified existence. This view of law is by no means confined to legal academics. Weber talks of a formally rational legal system in which legal propositions are connected together to constitute a seamless system of rules. Within this system cases can be analysed and decided in terms of their legally relevant facts. Weber contends that a predictable, consistent set of laws is essential in the commercial arena if capital is to develop.
The Role of the Legal Profession
Authors: Wheeler Sally 
Published: November 2023

Abstract
THE two previous chapters examined in an ethnographical way the processing of reservation of title claims. This chapter focuses on the role of the legal profession within reservation of title claims negotiation. It examines the level of involvement of lawyers. It also focuses on the lawyer-client relationship and who controls that relationship. The idea of strata within the profession is examined and empirical examples used to illustrate it. Tables 6.1 and 6.2 indicate the level of involvement of the legal profession.
Introduction
Authors: Robins David 
Published: November 2023

Abstract
Once a group of young people had a vision —to transform their poor, divided community. But the vision was tarnished by harsh realities —violent feuds and factional strife, a chaotic local authority, ineffective and contentious community organizations, and youth involved in networks of criminality. ‘Construction not destruction’ was the unofficial motto of The Center, a community project which courageously tried to live up to its visionary promise. In the following chapters, a portrayal of patterns of crime among young adults is structured around the story of this and other neighbourhood organizations.
The Satellite
Authors: Robins David 
Published: November 2023

Abstract
‘Welcome To Soweto’ –so read the stickers that festoon a dank, communal stairway in one of the six greying tower blocks that comprise the Satellite Estate. Each block contains some 160 apartments. There are also seven medium-sized blocks containing 652 living units, and 171 three-storey terraced maisonettes. Community leaders often assert, and the impressionistic evidence supports them, that this neighbourhood contains one of the highest concentrations of people of African-Caribbean descent in the United Kingdom and Europe.
Bad Boys
Authors: Robins David 
Published: November 2023

Abstract
YOUTH crime on the Satellite Estate during the early 1980s was rarely a matter of residents being systematically terrorized, caught in the crossfire of drug-trade-motivated inter-mob rivalry, as is common in the United States, and has started to occur in some of the inner cities of the United Kingdom. Instead the picture is of small gangs, some of whose members are as young as 12, engaged in various kinds of petty crime.
The Group
Authors: Robins David 
Published: November 2023

Abstract
On the Police Station wall hangs a photograph of a group of youths. Underneath is scrawled the caption ‘THE LOCAL MAFIA’. In 1980 these young men had just been released from prison. But, on returning to their area, they faced a different kind of reception. They were invited by Robert Walsh, a young, dynamic, and innovative Council Community Development Officer, to act as consultants to a report on the realities of life on the estate where they had been brought up, the Satellite.
False Dawn
Authors: Robins David 
Published: November 2023

Abstract
The Center had been planned and developed under Lincoln Fredericks’s often controversial leadership over a period of seven years and at an estimated cost in both public and private charitable funds of £6 million. The development mainly took place in association with the local authority, but considerable financial support had also been forthcoming from a number of other agencies, including the Home Office, the Sports Council, the Manpower Services Commission, the European Social Fund, and numerous private charitable organizations. Despite its chequered history, the project had received considerable assistance from these agencies, most of whom recognized the risks involved, but had continued to back what they saw as a genuinely grass-roots and original initiative. In 1988 it seemed as though the sponsors’ confidence had finally been justified, when the largest and most ambitious black com¬ munity-managed project in Europe was officially opened by the Prince of Wales, accompanied by the Home Secretary and the Com¬ missioner of Police. They had all been enthusiastic supporters of the project. The Prince of Wales, in his speech to some two-thousand invited guests, described The Center and its founders as a symbol of what a group of enterprising young people from the inner city could do to help themselves and their community.
Pornography, Civil Rights and Speech
Authors: Mackinnon Catharine A 
Published: November 2023

Abstract
Substantively considered, the situation of women is not really like anything else. Its specificity is due not only to our numbers—we are half the human race—and our diversity, which at times has obscured that we are a group with an interest at all. It is, in part, that our status as a group relative to men has almost never, if ever, been much changed from what it is. Women’s roles do vary enough that gender, the social form sex takes, cannot be said to be biologically determined. Different things are valued in different cultures, but whatever is valued, women are not that. If bottom is bottom, look across time and space and women are who you will find there. Together with this, you will find in as varied forms as there are cultures, the belief that women’s social inferiority to men is not that at all, but is merely the sex difference.
Exploring the Relationship Between Information Technology and Organizational Structure
Authors: Sampler Jeffrey L 
Published: November 2023

Abstract
Over thirty-five years have passed since academics began speculating on the impact that information technology (IT) would have on organizational structure (Leavitt and Whisler 1958). The debate is still on-going, and both researchers and managers continue to explore the relationship between IT and organizational structure. This relationship is becoming increasingly complicated by both the rapidly changing nature of IT and the increasing environmental turbulence faced by many organizations. As organizations need to process more information under these uncertain conditions, IT is one possible way for organizations to increase their information processing capability. However, other, more organizational tools are also at their disposal for processing more information. These include task forces, lateral relationships, self-contained work groups, and slack resources (Galbraith 1973). Thus, the relationship between IT and organizational structures is not a simple one.
Foreword
Authors: Earl Michael J 
Published: November 2023

Abstract
When this volume’s predecessor was published, terms like ‘strategic information systems’ and ‘IT for competitive advantage’ were very much central to the hype of IT in the 1980s. Many managers since have become cynical and sceptical about the strategic potential of information technology, partly because it always seemed to pc the same case studies that were presented on how firms could and should discover strategic advantage in IT. Information Management: The Strategic Dimension started to correct some of this naivety, but did not doubt that IT was a strategic matter.
Foreword
Authors: Earl Michael J 
Published: November 2023

Abstract
In the l 980s the IS function grew rapidly in many organizations, sometimes becoming the largest function in information-intensive firms. In the 1990s economic, technological, and organizational factors are combining to change the shape of the function and to often lead to ‘downsizing’. IS activities, however, still continue and sometimes grow; specialists may no longer be the dominant group but users may have many more information-oriented responsibilities. So how to organize IS remains an important issue for IS executives, general managers, and line managers alike. Some valuable research of practical benefit on these matters is reported in this section. The organization of IS can be seen in two dimensions: the centralization versus decentralization question and the issue of users versus specialists. The first is addressed by Earl et al., where the evidence suggests that effectiveness in IS is dependent upon the IS function being designed to fit the characteristics, especially structure, of the host organization. This may seem like common sense, but at least four significant further points are made. First, efficiency in IS is not so dependent on organizational fit. The operational, service, or utility activities of IS can be run efficiently anywhere, within or without the organization. Then combining the efficiency and effectiveness criteria, Earl et al. suggest five ideal types of IS configuration and how they should be selected. The drivers of change in organizing IS, however, are not only seen to be the characteristics of the host organization but the track record or heritage of IS performance. Finally, in most multidivisional organizations the federal form is seen to be the most viable. Not only does it provide a means of balancing centralization and decentralization, but it allows less costly structural changes to be made over time. And as Earl et al. show, change seems to be continual.
The Changing Environment for IS Professionals: Human Resource Implications
Authors: Couger J Daniel 
Published: November 2023

Abstract
One of the key challenges of the 1990s is involvement of IS organizations in more of the information processing activities of the firm. That statement may evoke surprise, until one considers that only 5 per cent of the information in the typical firm is contained in data-processing files and records. According to research by Sprague (1991), 95 per cent of the information required to conduct business is in document form. IS has just begun to include the valuable information contained in documents, particularly those from external sources. The dissatisfaction with the IS organization’s ability to impact more of the information activities of firms is causing management in some firms to reassign responsibility for some IS activities to operating departments.
Integrating IS and the Organization: A Framework of Organizational Fit
Authors: Earl Michael J 
Published: November 2023

Abstract
Much of this volume has been concerned with the integration of IS activities with the organization. Underpinning these concerns, perhaps, is the notion that information resources should be efficiently and effectively managed. This is one available definition of information management. When surveys are done of the most important issues facing the managers of the IS function, we find they rarely change. Different language may be used, contemporary rhetoric introduced, and priorities alter, but they are usually concerned with how to get strategic advantage from IT and how to align IS strategy with business strategy, how to organize the IS function, and how to manage the ever-changing boundaries between users and specialists, and how to plan and build IT infrastructures and cope with the latest technologies (see, for example, Brancheau and Wetherbe 1987; Niedermann et al. 1991). These are as much general management issues as specialist, functional issues since they potentially affect organizational effectiveness. This issue-set therefore is described increasingly as the strategic manage¬ ment of IT.
Administrative Justice: Discretion and Procedure in Social Security Decision-Making
Authors: Sainsbury Roy 
Published: November 2023

Abstract
Studies of the delivery of social security in Britain and the United States have been dominated over the past twenty-five years by two related concerns: the operation of discretion and the structure of the appeals system. However, despite its prominence, the way in which discretion has been treated in social security research has been limited. In essence the elements of British social security that have been described as discretionary are those (I) not covered in legislative rules (either primary or secondary legislation), and (2) those designed to address the exceptional needs or circumstances of claimants. In 1990 this means essentially that discretion is only discussed in the context of the Social Fund,1 introduced in 1988 as a system of loans and grants to cover claimants’ exceptional needs. This is a very narrow conception of discretion, since most a priori definitions make no reference either to statutory regulations or to exceptional needs. It also implies a clear distinction between rules and discretion. In contrast, definitions of discretion in the academic literature recognize its relationship to rules and its relevance for all types of decision-making and all the stages in a decision-making process (Davis 1969; Hawkins 1986).
Informers, Agents Provocateurs, and Supergrasses
Authors: Greer Steven 
Published: November 2023

Abstract
The term ‘supergrass ‘ was first coined by journalists in the early 1970s to describe those ‘grasses ‘ (informers) from the London underworld who testified against their alleged former associates in a series of high-profile mass trials ‘:-a modern instance of the age old use of informants for the purpose of social control. It should be noted at the outset of this study, however, that ‘police inform ants ‘ come in many forms, that the information they supply can be used by crime-control systems in a variety of ways, and that together these variables open up a range of opportunities and dilemmas, particularly for law enforcement professing committment to due process and the rule of law. There are two main difficulties. The first concerns the extent to which informants genuinely assist in the prevention, detection, and punishment of crime, and how this contribution can be measured. It should be stressed that this is not the same question as the extent to which the police consider certain types helpful in their investigations.