Search results

1 – 10 of over 44000
Open Access
Article
Publication date: 11 August 2021

Mary Catherine Lucey

This paper aims to draw attention to a broad range of experimental institutional initiatives which operate in the absence of a global antitrust regime. The purpose of this paper…

Abstract

Purpose

This paper aims to draw attention to a broad range of experimental institutional initiatives which operate in the absence of a global antitrust regime. The purpose of this paper is to offer food for thought to scholars in other fields of international trade law facing challenges from divergent national regimes.

Design/methodology/approach

Taking inspiration from political science literature on institutions, this paper crafts a broad analytical lens which captures various organisational forms (including networks), codes (including soft law) and culture (including epistemic communities). The strength and shortcomings of traditional “bricks and mortar” institutions such as the European Union (EU) and General Agreement Tariffs and Trade/World Trade Organisation are first examined. Then, the innovative global network of International Competition Network (ICN) is analysed.

Findings

It highlights the value of the global antitrust epistemic community in providing a conducive environment for extensive recourse to “soft law”. Examples from the EU and the ICN include measures which find expression in enforcement tools and networks. These initiatives can be seen as experimental responses to the challenges of divergent national antitrust regimes.

Research limitations/implications

It is desktop research rather than empirical field work.

Practical implications

To raise awareness outside the antitrust scholarly community of the variety of experimental institutional initiatives which have evolved, often on a soft law basis, in response to the challenges experienced by national enforcement agencies and businesses operating in the absence of a global antitrust regime.

Originality/value

It offers some personal reflections on the ICN from the author’s experience as a non-governmental advisor. It draws attention to the ICN’s underappreciated range of educational materials which are freely available on its website to everyone. It submits that the ICN template offers interesting ideas for other fields of international trade law where a global regime is unrealisable. The ICN is a voluntary virtual network of agencies collaborating to agree ways to reduce clashes among national regimes. Its goal of voluntary convergence is portrayed as standardisation rather than as absolute congruence. Even if standardisation of norms/processes is too ambitious a goal in other fields of international trade law, the ICN model still offers inspiration as an epistemic community within an inclusive and dynamic forum for encouraging debate and creating a culture of learning opportunities where familiarity and trust is fostered.

Article
Publication date: 1 January 2006

A. Vindelyn Smith‐Hillman

“Re‐shaping” policy provides the opportunity for an inclusive approach to decision‐making in dialogue with existing member‐states and anticipated new members. The purpose of this…

1755

Abstract

Purpose

“Re‐shaping” policy provides the opportunity for an inclusive approach to decision‐making in dialogue with existing member‐states and anticipated new members. The purpose of this paper is to examine the extent to which the governance process that underpinned the modernisation of EC competition policy (Council Regulation (EC) No. 1/2003, effective 1 May 2004) can be considered inclusive.

Design/methodology/approach

A multi‐level genre is used to describe EC governance with respect to the implementation of revised competition policy. The process is evaluated through the levels of involvement of the key stakeholders, i.e. firms (national, European and non‐European), consumers, national competition authorities (NCAs), the European Commission, and member states. The main explanatory vehicles relied on are institutionalism governance, policy network analysis and inter‐governmentalist models of governance.

Findings

Multi‐level governance was apparent as member states established national working parties and committees that paralleled similar consultation in Brussels. Good governance was evident through the democratic process that involved interest groups in policy network analysis. Ultimate authority, however, remains vested in the Commission, vouchsafed through legislation and institutionalism.

Originality/value

This paper contributes to the small but growing literature that illustrates the complex interaction between governance and implementation of public policy.

Details

European Business Review, vol. 18 no. 1
Type: Research Article
ISSN: 0955-534X

Keywords

Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

9274

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

Book part
Publication date: 6 July 2015

Hussein Kassim

The aim of the chapter is to examine whether the challenges to administering the EU outlined by Les Metcalfe in his famous article, ‘After 1992, can the Commission manage Europe?’…

Abstract

Purpose

The aim of the chapter is to examine whether the challenges to administering the EU outlined by Les Metcalfe in his famous article, ‘After 1992, can the Commission manage Europe?’ have now been met. Metcalfe not only identified a ‘management deficit’ in the implementation of the single market programme arising from an oversight among policy makers, but highlighted a neglect of the administrative dimension of European integration among scholars.

Methodology/approach

The chapter draws on primary and secondary literature to track developments in respect of the three elements identified by Metcalfe: the small size of the European Commission, its poor internal coordination and weak leadership; the responsiveness of administrative bodies in the member states to the need for inter-organizational coordination; and the network-building and management capacity of the Commission.

Findings

Despite changes, such as further enlargement, agencification at national and EU levels, and the expansion of EU competencies that have exacerbated the management challenge confronting the EU, there have been significant developments that have closed the deficit. First, the Commission has become far better integrated, coordination upgraded, and leadership strengthened. Second, through networking, cooptation and other strategies the Commission has sought to assure the effective implementation and enforcement of the single market rules. Third, member state governments, ministries and agencies have sought to cultivate networked relations that have increased the manageability of EU administration.

Research implications

To the knowledge of this author, this is the first attempt to revisit Metcalfe’s diagnosis and to review the extent to which the management deficit he identified has been addressed subsequently.

Practical implications

The chapter has implications for how inter-organizational coordination within the EU administrative system could be improved.

Social implications

The chapter bears on the administrative capacity of the EU to deliver the policies decided by EU policy makers.

Originality/value

As well as offering an assessment of the extent to which progress has been made in addressing the management deficit identified by Les Metcalfe in his classic article, this chapter conceptualizes the EU administration as an entity that encompasses both EU institutions and administrative bodies in the member states. It advances the concept of the EU as a multi-level administration.

Details

Multi-Level Governance: The Missing Linkages
Type: Book
ISBN: 978-1-78441-874-8

Keywords

Book part
Publication date: 19 September 2006

Teresa Rodríguez de las Heras Ballell

EU competition policy may be explained as a system: an organized set of objectives, rules, functions, procedures and authorities, acting in unity. A system is a complex reality…

Abstract

EU competition policy may be explained as a system: an organized set of objectives, rules, functions, procedures and authorities, acting in unity. A system is a complex reality, immersed in a complex context and permanently changing to overcome its dysfunctionalities and to adapt itself to environmental challenges. Globalization is its major challenge today. This paper proposes to understand globalization from four viewpoints. EU competition policy should respond to an evolutionary, contradictory, relative and systemic globalization. The aim of this paper is to identify the responses adopted in order to react to all these different dimensions of globalization.

Details

European Responses to Globalization
Type: Book
ISBN: 978-0-76231-364-8

Article
Publication date: 30 November 2006

Justin Ellis

This article is limited mainly to the analysis of distribution or dealership agreements, one of the most common forms of vertical agreement. A particular problem raised by the…

Abstract

This article is limited mainly to the analysis of distribution or dealership agreements, one of the most common forms of vertical agreement. A particular problem raised by the Internet is the potential risk of a priori “unfair” price competition between retailers, on account of the possibility for retailers operating through the Internet to sell at much lower prices than property based retailers. For example, if a supplier sells a product to its distributors for €100, a brick‐based retailer may need to sell the product at, say, €120 in order to cover his property and staff costs and make a small profit, whereas a click‐based retailer may need only to sell at €104 to make the same profit. Alternatively, the internet retailer can sell at the same price as the high street shop and make a vastly superior profit. In order to achieve “fairness” between its retailers in those different environments, can a supplier dictate the price at which its products are sold or otherwise restrict selling via the Internet?

Details

Journal of International Trade Law and Policy, vol. 5 no. 2
Type: Research Article
ISSN: 1477-0024

Keywords

Book part
Publication date: 4 November 2021

Mark Clough QC and Efthymios Bourtzalas

Competition law is key to the promotion of consumer welfare and consumer choice, efficiency maximization, market integration, market liberalization, and competitiveness. The…

Abstract

Competition law is key to the promotion of consumer welfare and consumer choice, efficiency maximization, market integration, market liberalization, and competitiveness. The review of the evolution of competition law enforcement in Greece shows that it has run in parallel with the path of the Greek economy toward liberalisation modernisation, development and growth. Upon this basis, competition law has contributed to increased levels of investment in the Greek economy, the development of new services and new corporate structures and accountability in Greece. In a fast changing world, in which market and societal development is increasingly interdependent across national borders, the question now turns on to whether competition law enforcement in Greece ought also to take into account public policy objectives, such as environmental protection and sustainability or industrial policy objectives. The competition law enforcement authorities and national Courts have made great progress in the last 20 years in keeping abreast with developments in respect of competition law compliance and enforcement and this has provided a better guarantee for a level playing field and fairer conditions of competition in the various product and services markets in Greece.

Content available
Book part
Publication date: 4 November 2021

Abstract

Details

Modeling Economic Growth in Contemporary Greece
Type: Book
ISBN: 978-1-80071-123-5

Article
Publication date: 25 May 2018

Elvira Kaneberg

The purpose of this paper is to analyse the management of commercial actors in strategic networks of emergency preparedness management (EPM) in developed countries and how these…

Abstract

Purpose

The purpose of this paper is to analyse the management of commercial actors in strategic networks of emergency preparedness management (EPM) in developed countries and how these strategies connect to the emergency response efficiency. This study uses collaboration, strategy, and efficiency to evaluate the private governance of the food, healthcare, and transportation sectors and follows an analysis of these sectors’ management that finds an ambivalent impact on the efficiency of the worldwide supply chain network (SCN) system. This study discusses many strategic networks and nets of commercial standards with different management structures and emphasizes illustrating the EPM context, thereby offering directions for future research.

Design/methodology/approach

An empirical research approach and triangulation methodology was adopted to design the selection, evaluation, and contribution of the observed data and the humanitarian and business literature. An overview of strategic networks’ role in EPM in Sweden comprises several network approaches and considers the strategic value of three SCNs for response efficiency.

Findings

The study finds that strategic networks are relevant for EPM and response efficiency and can be delimited and adapted to developing countries’ demands. However, growing interest in networks’ strategic value for EPM stresses public-private collaboration as a strategic choice to achieve response efficiency. To offer strategic planning that ties demand with supply, public-private actors must collaborate in SCNs.

Originality/value

The study contributes to the existing literature on strategic networks, for example, industrial networks, by illustrating their strategic value for developed countries’ SCNs. It also contributes to the business literature, for example, on strategic net management. The work is original because it adopts a practical perspective involving buyers and suppliers in planning, the delimitation of their capability in nets, and the strategic value of SCN collaboration.

Details

Journal of Humanitarian Logistics and Supply Chain Management, vol. 8 no. 2
Type: Research Article
ISSN: 2042-6747

Keywords

Book part
Publication date: 6 July 2015

Adriaan Schout and Arnout Mijs

This chapter provides a framework for organisational analysis of the newly created position of ‘independent’ Commissioner, especially whether it is sufficiently backed by…

Abstract

Purpose

This chapter provides a framework for organisational analysis of the newly created position of ‘independent’ Commissioner, especially whether it is sufficiently backed by administrative capacities.

Methodology/approach

In the many variables that determine organisational behaviour (Mintzberg, 1989), this approach follows Olsen (2005) in its analysis through communication structures and strategic directions, and adds procedures (networks) and personnel to this. The chapter is primarily based on interview data in addition to literature and document analysis.

Findings

This chapter acknowledges the ‘stickiness’ of institutions and the difficulties in reorganising (formal) institutions. The conclusion shows that there are multiple problems in the current process of institutionalisation of the independent Commissioner. Generalising the findings to the use of an administrative approach, the frugal framework used here indicates that ‘independence’ cannot simply be proclaimed but also demands attentions for organisation design. Organisational analysis helps to understand the organisation and the organisational weaknesses behind the policy objective.

Research implications

As is often the case with MLG it gives a perspective on governance, but must be complemented with an approach for analysis, in this case organisational design. In the chapter the approach is limited to organisational values, personnel and communication lines. It provides a basic framework to evaluate one of the key elements of European integration – independence. However, additional work is needed to further develop this framework as well as other components of the organisational behaviour of the Commission.

Practical implications

This chapter comes up with suggestions for organisational redesign of the Commission in order to restore trust in its tasks and responsibilities. With the instalment of the new Juncker Commission these findings might provide useful insights for the ongoing process of reorganisation of the Commission.

Social implications

The new economic legislation and the role of the independent Commissioner have a direct impact on member state budgets (cuts), with a far reaching societal impact. Therefore, the level of (public) trust is critical in the acceptance of the process. Trust is established inter alia by the organisational implementation of principles of good administrative behaviour such as transparency, capability, independence, etc.

Originality/value

The chapter uses the MLG perspective in order to get a comprehensive picture of the organisational implications to effectively embed the ‘independent’ Commissioner in the organisation. The added value is based on the extensive amount of interviews over a longer period of time (2011–2014) during the operationalisation of the European semester.

Details

Multi-Level Governance: The Missing Linkages
Type: Book
ISBN: 978-1-78441-874-8

Keywords

1 – 10 of over 44000