European Commission merger control: Combining competition and the creation of larger European firms

The article examines the European Commission's use of its legal powers over mergers. It discusses and tests two views. One is that the ‘neoliberal’ Commission has ended previous industrial policies of aiding ‘national champion’ firms to grow through mergers and instead pursues a ‘merger‐constraining’ policy of vigorously using its legal powers to block mergers. The other is that the Commission follows an ‘integrationist policy’ of seeking the development of larger European firms to deepen economic integration. It examines Commission decisions under the 1989 EC Merger Regulation between 1990 and 2009. It selects three major sectors that are ‘likely’ for the ‘merger‐constraining’ view – banking, energy and telecommunications – and analyses a dataset of almost 600 Commission decisions and then individual merger cases. It finds that the Commission has approved almost all mergers, including by former ‘national champion’ firms. There have been only two prohibitions over 20 years in the three sectors and the outcome has been the creation of larger European firms through mergers. It explains how the Commission can pursue an integrationist policy through the application of competition processes and criteria. The wider implication is that the Commission can combine competition policy with achieving the ‘industrial policy’ aim of aiding the development of larger European firms.     

European parties' performance in electoral competition

Abstract: This article focuses on competition for votes between parties, as it existed in Western Europe in the period of the direct election to the European Parliament in 1989. Following earlier research by Van der Eijk and Niemöller, an instrument is introduced to measure the probability of party choice of EC citizens which establishes the likelihood of respondents to vote for any of the nationally relevant options/parties. A number of substantive conclusions about political parties'competitive performance result from this research. First, a single mechanism seems to structure electoral competition in all EC member-countries. Second, the competitive performance of political parties is not affected by their governmental status, their ideological position, and the degree of politicisation of the electoral environment. And third, parties'competitive performance is strongly affected by the degree of uniqueness of their electoral potential, their mobilising capacities, their ideological extremity and their sheer size.     

论企业竞争优势的重塑

加入WTO的过渡期满以后,中国企业将面临更加激烈的竞争格局,理性认识新竞争格局下企业自身的市场地位,重新塑造竞争优势,是中国企业参与国际市场竞争的必修课。本文系统分析了中国企业正在弱化和丧失的竞争优势、仍然可资利用的竞争优势,明确提出要在自主创新、自主品牌等方面重塑企业竞争优势。     

全球化背景下的地方政府竞争——提高政府核心竞争力的战略选择

市场经济的发展,使处于平等地位的政府主体为获取更多的资源、政治影响力和控制权而处在相互争取和竞争的状态。而目前处在全球化背景下政府竞争的发展态势,正从单纯的国内竞争向国际国内全方位竞争演变,从有形的资金、人才和资源的竞争向无形的制度、服务和管理水平的竞争演变,从不规范竞争向规范竞争演变。为避免政府的过度竞争及其消极影响,各级政府必须进一步明确角色特征,调整行为取向,切实维护公民权利,创造竞争机会;营造公平竞争环境,维护竞争规则;调整经济发展战略,制定适宜的社会政策,调节竞争结果;进一步在政府自身建设中,引入竞争机制,提高政府效能和政府竞争力。     

In the right place,at the right time: Opportunity structures and candidates’ chances of getting elected for the first time

The foundational principle of representative democracy is that legislative elites can be replaced in elections. Yet, first-time parliamentary entries have received little attention. We present the first systematic attempt to examine the conditions of first-time parliamentary entry in multimember district PR systems. We introduce an overlooked explanatory factor, candidates' short-term opportunity structure. While controlling for personal vote-earning attributes (PVEAs), we examine how competitive context shapes newcomers' chances in a pure OLPR system where party elites cannot skew competition between candidates. Our register-based analysis of candidacies in seven Finnish parliamentary elections (1995–2019, n = 7548) shows that while personal qualities enhance candidates’ chances, first-time entry is restricted by the competitive context, especially the decisions of incumbent MPs. The strong impact of exceptional PVEAs suggests that other “big fish” candidates may also shape competitive contexts. Overall, the study indicates that electoral competition can be rather restricted even in the most competitive electoral systems.     

Good Work, Honestly Done: ASPA at 70

This essay examines the history of ASPA from internal and external vantage points, showing how the organization has continually adapted to demands from within and competition from without. ASPA is rooted in Progressive Era reforms that professionalized government during the first half of the twentieth century, spawning numerous associations of public officials dedicated to enhancing expertise and integrity throughout the public service. Changes in membership, mission, structure, conferences, publications, commitment to ethics, and relationships with other like-minded associations are reviewed. Today, ASPA is an agile organization that represents a uniquely generalist orientation to public service professionalism while offering more services to its members within a competitive marketplace of public official associations.     

Influence of eco-product innovation and firm reputation on corporate social responsibility and competitive advantage: A mediation-moderation analysis

Eco-product innovation is a response to environmental legislation and social responsibility movements. Established agricultural manufacturers must figure out how to use green ideas and reputation to compete for business excellence. This study adopted a knowledge-based approach to examine corporate social responsibility and competitive advantage. This study also examined how eco-product innovation and reputation affect firms' competitive advantage. The proposed model was tested on 427 Nigerian agro-allied manufacturers using causal pathways and structural equation modeling. Business competition is directly and indirectly affected by corporate social responsibility, eco-product innovations, and firm reputation. Additionally, eco-product innovation partially mediated the nexus between corporate social responsibility and competitive advantage, while reputation moderated the influence of eco-product innovation. The findings suggest that manufacturers pursuing green initiatives should strive to participate in an eco-friendly competition and deal with policy pressures in order to meet environmental standards. Overall, this study adds the environment and business competition to the idea of innovation.     

Competition,commercialization, and the evolution of nonprofit organizational structures

This article explores competition both in settings where nonprofits compete among themselves and where they compete with for-profits. Growing competition among nonprofits raises questions as to the impacts of this rivalry. How does competition affect nonprofit behavior and does it cause nonprofits to become more commercial in orientation? Does it alter organizational structures and does it cause nonprofits to become less focused on their charitable missions? The answers to these questions can influence public policy toward the nonprofit sector. A definition of competition is presented and Porter's five competitive forces are introduced and used to explore competition in nonprofit marketplaces. Conditions under which commercialization is likely to occur are discussed and the nature of competition is then examined in settings where nonprofits compete in mixed (for-profit/nonprofit) markets. Organizational structures from the health care industry are then used to highlight the evolving legal structures that nonprofits employ in competition with for-profits. Five policy implications of the analysis are examined and the need for additional information is highlighted.     

Market coordination and the making of conventions: qualities,consumption and sustainability in the agro-food industry

Abstract

The coordination of activity across sites and spaces of production and consumption is a key concern for economic analysis. Joining a revival in the application of convention theory to agro-food scholarship, this paper considers complementary insights – related principally to ‘the economy of qualities’ – that animate different aspects of e/valuation, competition and alignment. These understandings are extended by more thoroughly acknowledging contemporary developments in consumption scholarship. The arguments are advanced through a case study of the orange juice market, linking its current high-carbon trajectory to the commercial and cultural significance of freshness. The analysis offers new insights into distributed processes of qualification as well as the mechanisms through which conventions are assembled and sustained. Finally, a more integrated approach to food production and consumption is outlined.     

Jurisdictional integration: A framework for measuring and predicting the depth of international regulatory cooperation in competition policy

This article takes a new approach to international regulatory cooperation by developing a concept of the depth of cooperation, jurisdictional integration. A dataset of international competition policy agreements is compiled and ranked against an ordinal index of the depth of de jure cooperation in enforcing competition policies. There has been both a deepening and broadening of de jure cooperation over time. Statistical analysis finds that common membership of the Organisation for Economic Co‐operation and Development is a strong predictor of the depth of agreements to cooperate in enforcing competition policies; that we can be confident that the depth of agreements is low when signatories' substantive competition laws are dissimilar; and that the depth of de jure cooperation is a strong predictor of whether an agreement is “intergovernmental” or “transgovernmental.” The article puts forward a new way to map and measure international regulatory cooperation, and a new variable for use in research on its causes and consequences.     

The Australian Competition and Consumer Commission and the New Regime

The Australian Competition and Consumer Commission (ACCC) is the national regulator in the new competition regime. It acts as the public guardian against anti-competitive or unfair business activities. The ACCC's task is to promote competition where it is limited; to preserve competition where it is effective; and to safeguard the position of consumers in their dealings with business. Its efforts are directed primarily at fostering business compliance with the national competition and consumer law, the Trade Practices Act 1974. The commission tries to persuade, coax or cajole businesses into pursuing their interests within the legally defined boundaries of fair competition. Where that proves insufficient, the commission becomes the enforcer. The ACCC can coerce businesses — through court orders and penalties — into rectifying their behaviour where they operate outside the boundaries of the law. It also has the capacity to hold businesses publicly accountable for the prices they set. Underlying these ACCC functions is an ulterior objective: to enhance the material welfare of Australians by promoting, wherever practical, a more competitive and efficient economy.     

On the theory of political competition: Comparative statics from a general allocative perspective

It is a widely held belief that interest groups respond competitively to political challenges from other groups. This view is found not only in the traditional theory of interest groups, but also in the literature on policy typologies. Though it is not necessarily supposed that groups form in response to opposition, it is believed that when groups exist, they compete. If an interest group is thought of as a multipurpose organization, whose leaders might spend organizational funds on nonpolitical programs which directly serve the members, the supposition of competition can be subjected to rigorous examination. Political competition causes the cost of political success to rise. Since group leaders must allocate scarce revenue among projects, it seems that nonpolitical projects might become more attractive when the political environment becomes competitive. Political scientists have usually been disposed to take the opposite view, believing that demand for political activity rises as the cost of political success increases. The nature of political action as an organizational investment is discussed from the allocative perspective in this essay. It is shown that competition cannot be safely assumed unless other strong hypotheses are invoked. A Slutsky-type theorem is deduced for political reaction.     

Bletchley Park and the Holocaust

A common substantive topic in intelligence studies is the analysis process. The addition of active-learning techniques to reinforce key concepts like competitive analysis, ‘wheat’ versus ‘chaff’, and the different ‘ints’ of intelligence can be an important supplement to existing teaching methods. Moreover, a deeper appreciation of the intelligence analysis process is likely to be best achieved through simulation learning. Drawing on the growing literature that recognizes active learning and simulations as important pedagogical tools, this teaching note presents an original active-learning simulation for the college-level intelligence studies classroom in which students face an analysis challenge that highlights different components of the analysis process. This simulation increases appreciation for intelligence analysis and serves as a student-friendly method for enhancing intelligence studies pedagogy.     

Turnout in gubernatorial and senatorial primary and general elections in the South, 1922–90: A rational choice model of the effects of short-run and long-run electoral competition on relative turnout

Using data on non-presidential-year elections for governor and U.S. Senators in eight southern states over the period 1922– 1990, we provide a rational-choice-inspired model of the factors that should be expected to affect the relative levels of turnout in primaries as compared to general elections. Both V.O. Key and Anthony Downs have argued that voters will be more likely to participate in the elections in which they can most expect to be decisive. V.O. Key (1949) proposed that when general elections are usually lop-sided because of one-party dominance of a state's politics the primary of the dominant party of the state should have a higher turnout than the general election. Downs argued that turnout should be higher in competitive elections. Our modelling combines these ideas. We use as our dependent variable the ratio of primary to general election turnout in each year. We posit that this ratio will increase (1) the greater the degree of within-party competition in the primary (especially that within the dominant party of a state, if there is one), and (2) the weaker the degree of between party competition in the general election. In addition to election-specific effects, we also posit long-run effects, such that the ratio for the offices of governor and U.S. Senator will be affected not merely by the degrees of competition within and between parties specific to any given election, but also by the long-run trends in party competition. This hypothesis leads us to expect that, (3) in the South, with the rise of the Republican party, the ratio of primary to general election turnout should decline over time. All of our expectations about the links between turnout and competition are strongly supported. We argue that rational choice models of turnout perform quite well when we view them in a comparative statics perspective, rather than using them to make predictions about who will and who will not vote in any given election.     

The politics of bureaucratic competition: The case of natural resource policy

Many concerned with how government functions consider creating competition between bureaucracies an attractive option. Others are skeptical of what impact rival agencies have when they are operating within a political context. Reflecting these discrepant viewpoints, some scholars believe that regulators will compete vigorously for resources and responsibilities; others assert that agency members will act passively as they attempt to protect their autonomy. To assess these contrasting perspectives and determine why competitive agency structures might exist, the following analysis examines one of the classic situations where agencies can serve as functional substitutes: the relationship between the United States Forest Service and the National Park Service. The results demonstrate that agencies put far more weight on autonomy than competition. The principal advantage of functional rivalry for politicians—at least where federal lands are concerned—is to expand the choice set of alternatives available to them.     

Public policy and competition amongst foreign investment projects: A case study of the Daya Bay economic development zone in South China

By the second half of the 1980s, economic reform in China had produced differentiated interests between regions and a decentralized authority in the country. The central government had increasingly delegated its powers over funding, foreign exchange, resources and investment to local governments, and local governments in different regions had gained more autonomy to control the resources. This situation resulted in the proliferation of power centres at local levels where independent policies were generated to protect and pursue regional interests and resist the general policies of the centre. Conflicts of interest and competition intensified and became more popular than during previous periods. This tendency particularly manifested itself in local policy making concerning the introduction of foreign investment and projects. The case of the founding and evolution of the Daya Bay economic development zone in South China indicates the extent to which the competition between different coastal regions, and between the coastal regions and the central government had been generated. In this case study, the contextual changes that created a competitive environment will be reviewed briefly; the general conditions and motivation to establish the zone will be introduced; then the focus will be on analysing a series of policy formulations surrounding the competition for foreign investment projects. The case study is concluded by an assessment of the ‘incremental’ nature of Chinese policy making.     

The social sub-optimality of competitive elections

One of the common normative assumptions about elections is that competitive elections are inherently good, and non-competitive elections are problematic. This paper challenges that assumption. At the level of individual elections, competitive elections produce either sub-optimal results or trivially optimal results, but competitive elections are never uniquely optimal. In aggregation, competitive elections for a set of offices are inherently sub-optimal. From a procedural perspective, the circumstances in which competitive elections are appropriate are rare, and from a diagnostic perspective, we cannot conclude that there are problems in the electoral system based on a lack of competition. In the context of social choice theory, competitive elections are not inherently good.     

Industrial structure of the federal sector: Evidence from bureau market share data

This paper examines the industrial organization of the federal sector by measuring the variation of bureau market shares of appropriations. The two measures employed are rank-shift analysis (turnover) and the Hymer-Pashigian index of market share instability which have been used to indicate the level of competitiveness within private sector industries. The results of both the rank-shift and market share instability analyses strongly suggest that there is considerable competition among bureaus within the federal sector. These results are consistent with the hypothesis and existing evidence that bureaus engage in nonprice competitive strategies.     

Inequality and voting among deprived ethnic groups: evidence from India

ABSTRACT

What are the conditions that determine the electoral success of parties that champion deprived ethnic groups? What is the impact of within-group inequality on this outcome? Existing arguments focus on the role of institutions or the relationship between ethnicity and other social cleavages. This paper contributes to the second approach by studying the impact of within-group as well as between-group inequality on ethnic voting. We use elections to state legislatures within India to control for institutional and historical factors that may influence ethnic voting. Using data from the National Sample Survey, we calculate inequality in consumption expenditure. We show that high within-group economic inequality among deprived ethnic groups hinders the electoral success of parties that champion these groups, whereas high between-group economic inequality has the opposite effect. Our findings also identify a potential causal mechanism (preference heterogeneity) that might link within-group inequality to ethnic voting.     

Dignity,discrimination, and context: New directions in South African and Canadian human rights law

Conclusion The current approaches to equality law in South Africa and Canada place these jurisdictions at the forefront of serious and comprehensive judicial at tempts to give effect to substantive equality. These attempts to overcome formalism are processes, judicially acknowledged as such, and as yet far from complete. At the conceptual center of the development of substantive equality is the legal realization of human dignity: not an abstract, individualistic notion, but a concept about the relation between the individual and state, and individual and group, which is circumscribed by concern, respect and consideration. But substantive equality is not possible only through the case law. The current issues surrounding intersectional discrimination and the contextual appreciation of a claimant’s circumstances are urgent reminders that the methods and remedies afforded by the structure of litigation of equality rights claims simply cannot accommodate many instances which call for relief. The fact that these inadequacies of court enforced claims are beginning to be laid bare by some of the problems being faced by the Courts in equality claims is perhaps not a failing of equality law and the concept of dignity, but its strength. The methodology of human rights litigation in countries like Canada and South Africa supports a dialogue between court and legislature. As substantive equality develops in these jurisdictions, the limits of judicial development will be challenged. That is ultimately to be welcomed, if the legislatures are responsive to the definition of human dignity and substantive equality in development judicially, and respond with efforts to support and promote these developments.