bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction: The Relevant Merger Situation
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher 
Published: November 2023

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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

Abstract
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.
United Kingdom
Authors: Fitzpatrick D , Anderson M 
Published: November 2023

Abstract
Despite the reduction in the number of vessels registered in the UK, and the diminution in its role as a crew supply country over the last 20 years, the UK nevertheless remains a dominant legal and commercial centre for world shipping. The UK’s position as a flag State, along with other European countries, reduced 16.02 as operators elected to flag out to open registers under flags of convenience. As a result (and due to the availability of seafarers at lower cost from developing countries), the role of the UK as a crew supply country has suffered.1 That said, the regulatory framework, incorporating many international conventions and standards to protect seafarers on UK flag vessels in terms of health and safety and the protection of certain employment rights, remains comprehensive. The UK government, with the introduction of Tonnage Tax in 2000,2 is attempting to attract operators back to the UK flag.3
Reform
Authors: Fitzpatrick D , Anderson M 
Published: November 2023

Abstract
As has been shown in previous chapters of this book, the legal posmon of the seafarer is generally uncertain and often vulnerable. To realize his rights, the international seafarer often has to rely on a patchwork of overlapping and sometimes conflicting legal rules, complex technical enforcement procedures which often operate across national boundaries, and combinations of contracts involving several different parties. All too frequently, the well-intentioned pro- visions in ILO Conventions and other international instruments, designed to provide the framework for fair and humane treatment for all seafarers, are of no practical help to the seafarer who is seeking to recover unpaid wages, or who is in need of vital medical care. Many of the legal rules that directly or indirectly affect the seafarer in his relations with the employer are not labour laws as such, but rather provisions of maritime codes and regulations, national laws on companies or insolvency, or the law relating to the arrest of ships.
Audiences, Borders, Architecture: the Contours of Control
Authors: Armstrong Sarah , McAra Lesley 
Published: November 2023

Abstract
This book has three inter-related aims: to take stock of current thinking on punishment, regulation, and control in the early years of a new century and in the wake of a number of critical junctures (including 9/11), which have transformed the social, political, and cultural environment within which regimes of punishment are situated; to present a selection of the diverse epistemological and methodological frameworks which inform current research on punishment; and, finally, to set out some fruitful directions for the future study of punishment.
Lex Vigilatoria—Towards a Control System without a State?
Authors: Mathiesen Thomas 
Published: November 2023

Abstract
During the last thirty years or so, we have seeen a massive and accelerating development of various types of transnational information systems pertaining to law enforcement agencies throughout the world. The information systems actually take the form of control or surveillance systems (control and surveillance here taken as synonyms, leaving the question of compliance open). Economic and political change lies at the base of the development, new technology has made it possible.
Sentencing as a Social Practice
Authors: Hutton Neil 
Published: November 2023

Abstract
Sentencing is not an area which has received much scholarly attention from sociologists. Most of the scholarly literature has been produced by philosophers who have pursued the normative questions about how to justify punishment in a liberal society (Duff 2000, Von Hirsch 1993) or by legal scholars writing about the legal regulation of sentencing (Ashworth 2000b). In the growing literature on the sociology of punishment there are only occasional references to sentencing (Garland 2001). There is a vast, mostly US, literature on sentencing as public policy (Tonry 1996). However, with a few exceptions, there has been little inquiry into the social character of sentencing.
Arbitration
Authors: Davis Michael , Akenhead Qc Robert 
Published: November 2023

Abstract
Even prior to the Arbitration Act 1996 (referred to in this chapter as ‘the AA’), the Official Referees ‘ Court used to deal with all aspects of the court’s supervisory role of arbitration ranging principally from cases stated (later appeals) relating to arbitration awards to misconduct (later serious irregularity) of arbitrators and excess of jurisdiction cases. Even after the 1996 Act, the TCC has to retain some knowledge of the previous law and practice, although increasingly less so because the Act, which came into force on 31 January 1997, provides that the old law still applies to arbitral proceedings commenced before that date. Indeed, CPR 62.11 to 62.15 and other rules contain specific procedures for applications under the Arbitration Acts of 1950, 1975, and 1979 and indeed various other statutes listed in Schs 3 and 4 of the 1996 Act. This book will not address the old procedures, which by operation of CPR 62.12 will largely take place in the Commercial Court. The TCC Guide addresses arbitration-related procedures at section 10.
The Proceedings
Authors: Davis Michael , Akenhead Qc Robert 
Published: November 2023

Abstract
A claim may be heard in the TCC as a result either of the initiation of proceedings in that court or the transfer to the TCC of a claim commenced elsewhere.
Proceedings may be transferred to and from any Division of the High Court or specialist list and the TCC under the provisions of CPR 30.5. It is not uncommon for transfers to be made: around 20 per cent of cases in the TCC were transferred there in 2004. Transfer between the Commercial Court and TCC or between the TCC and the mercantile courts outside London are particularly common.
An application for transfer should be made under CPR 23. While the TCC Guide notes that many of these applications are uncontested, and may conveniently be dealt with on paper, where the application is contested, it will be the subject of an oral hearing.
Trade Mark Use And Denominative Trade Marks
Authors: Sterpi Massimo 
Published: November 2023

Abstract
Post-industrial market economies are increasingly conscious of what we can 8.01 call ‘identity products’, ie products that, apart having a functional purpose (such as shoes, which protect feet), permit their owner to show and bear witness as to his taste and to the fact that he belongs to a given social group The author would like to acknowledge the valuable contribution of Dr Daniele Beneventi to the background research and editing of this chapter.
Infringing Use Of A Trade Mark As A Criminal Offence
Authors: Rahmatian Andreas 
Published: November 2023

Abstract
Intellectual property lawyers are normally far more interested in the civil 12.01 law of trade marks rather than in the criminal offence provisions of the Trade Marks Act 19941 and tend to consider trade mark use in the civil infringement context only. The criminal liability which may result from the infringement of a registered trade mark is usually only briefly discussed.2 However, the increase of prosecutions for criminal infringement of registered trade marks, the possibility of a maximum sentence of ten years’ Trade Marks Act 1994 c.26. In the following, section numbers refer to the Trade Marks Act 1994 if not stated otherwise.
Towards A Concept of Foreign Relations Law
Authors: Butler William E 
Published: November 2023

Abstract
‘Foreign relations law’ has received its greatest doctrinal elaboration in the United States, where it has been the subject of a major Restatement, now in its third edition, pioneering treatises, law school casebooks and nutshells. There is no uniform view as to what ‘foreign relations law’ encompasses. The Restatement subdivides the subject-matter into two categories. The first is ‘international law as it applies to the United States’. This category is largely outside the purview of the present work with respect to Russia except insofar as Russian constitutional and other legislation expressly mentions or draws upon public international law within the Russian legal system.