"For starters, today's companies need superior strategic processes and streamlined quality practices. But these are not enough. Competitive Dominance: Beyond Strategic Advantage and Total Quality Management emphasizes the importance of implementing an integrated strategy and quality management system." "Authors Tang and Bauer are leading industry executives who have used strategy and quality to create organizational change, resulting in turnaround and competitive dominance in billion dollar businesses. In this book, they take you through the various stages of strategy and quality practices, explaining how to integrate and implement them." "Tang and Bauer also present 10 principles of competitive dominance that create integration and synchronization between all the stages of strategy and quality. Plus, they recommend an expanded set of tools and methodologies that complement conventional quality and strategy practices and facilitate the implementation of competitive dominance." "Also included is a list of management malpractices to avoid, outlining the 12 worst management practices from the authors' experiences with organizations of many different sizes and from a broad range of industries."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved

Antitrust and competition law is a fast moving area of law and the subject of extensive academic research. The aim of this volume is to select articles as tools for understanding how antitrust and competition law is applied to unilateral conduct which is harmful to the consumer and to the competitiveness of the market. The articles examine the meaning of dominance and monopolisation and show that although legal and economic rules have been developed to establish whether undertakings hold such strong market positions, it is often difficult to determine with certainty that the undertaking being investigated meets the threshold. The various debates on pricing and non-pricing conduct are also represented as are the conflicts that have arisen regarding the exercise of intellectual property rights by powerful undertakings, particularly in the context of the new economies. The volume includes scholarly articles published on both sides of the Atlantic and enables a greater understanding of the application of antitrust and competition law from the point of view of economics and politics.

Anil K. Gupta, Vijay Govindarajan, and Haiyan Wang are among the most distinguished experts in the field of globalization. In The Quest for Global Dominance they present the lessons from their twenty-year study of over two hundred corporations. They argue that, in order for a company to create and maintain its position as a globally dominant player, executives must ensure that their company leads its industry in the following four essential tasks: Identifying market opportunities worldwide and pursuing them by establishing the necessary presence in all key markets Converting global presence into global competitive advantage by identifying and developing the opportunities for value creation that global presence offers Cultivating a global mindset by viewing cultural and geographic diversity as an opportunity, not just a challenge Leveraging the rise of emerging markets especially China and India to transform the company's growth prospects, global cost structure, and pace of innovation

Behaviour.

How does it come about that a certain firm dominates a market? Can an understanding of this process lead to a more effective enforcement of competition law? That is the question approached in this compelling book. The author reviews the European Union’s (EU’s) Article 102 case law, comparing it with United States (US) provisions, demonstrating that new ways of looking at market power are needed – today’s tech giants differ from older monopolies. He clarifies the role of dominant firms in the competitive process, proposing that conduct should be scrutinized differently depending on the source of market power, rather than using the same approach for all dominant undertakings. Supporting his contention that the legal consequences that derive from holding a dominant position cannot be disassociated from the sources of that market power—that a dynamic understanding of dominance requires looking both forwards and backwards in time—the author examines such sources of dominance as the following: ‒ statutory dominance derived from explicit protectionist measures or subtler geoeconomic strategies; ‒ legacy firms such as the telecommunications or transport industries; ‒ natural monopolies, e.g., the exploitation of a mine; ‒ investment efforts undertaken in a competitive environment; ‒ intangible resources such as timing, reputation, experience, innovation capabilities, or managerial processes; ‒ lucky monopolies; and ‒ anticompetitive behavior on the road to dominance. Drawing insights from EU and US case law, industrial organization scholarship, and strategic management literature, the book resolves questions related to the role that the origins of market power have played and should play in the enforcement of EU competition rules against dominant firms. It concludes with a list of policy recommendations bringing the application of Article 102 TFEU against dominant firms more in line with the objective of protecting the competitive process. With its focus on how EU competition law enforcement should be fine-tuned to adequately incorporate the origins of firm dominance into the analysis of single-firm behavior, the book makes a major contribution to the analysis of anticompetitive effects. Practitioners, competition authorities, and academics in competition law will greatly appreciate the book’s combination of legal analysis and recommendations for policy reform.

Three questions surround the interpretation and application of Article 82 of the EC Treaty. What is its underlying purpose? Is it necessary to demonstrate actual or likely anticompetitive effects on the market place when applying Article 82? And how can dominant undertakings defend themselves against a finding of abuse? Instead of the usual discussion of objectives, Liza Lovdahl Gormsen questions whether the Commission's chosen objective of consumer welfare is legitimate. While many Community lawyers would readily accept and indeed welcome the objective of consumer welfare, this is not supported by case law. The Community Courts do not always favour consumer welfare at the expense of economic freedom. This is important for dominant undertakings' ability to advance efficiencies and for understanding why the Chicago and post-Chicago School arguments cannot be injected into Article 82.

A Stanford University Press classic.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in the South Africa covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the South Africa will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

Excerpt from The Struggle for Existence For three-quarters of a century past more has been written about natural selection and the struggle for existence that underlies the selective process, than perhaps about any other single idea in the whole realm of biology. We have seen natural selection laid on its Sterbebett, and subsequently revived again in the most recent times to a remarkable degree of vigor. There can be no doubt that the old idea has great survival value. The odd thing about the case, however, is that during all the years from 1859, when Darwin assembled in the Origin of Species a masterly array of concrete evidence for the reality of the struggle for existence and the process of natural selection, down to the present day, about all that biologists, by and large, have done regarding the idea is to talk and write. If ever an idea cried and begged for experimental testing and development, surely it was this one. Yet the whole array of experimental and statistical attempts in all these years to produce some significant new evidence about the nature and consequences of the struggle for existence is pitifully meager. Such contributions as those of Bumpus, Weldon, Pearson, and Harris are worthy of all praise, but there have been so very, very few of them. And there is surely something comic in the spectacle of laboratories overtly em barking upon the experimental study oi evolution and carefully thereafter avoiding any direct and purposeful attack upon a pertinent problem, the fundamental importance of which Darwin surely estab lished. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

A prohibition of the abuse of dominance is an essential provision in any country's competition law. The purpose of such a prohibition is to protect competition where it is potentially weakened by the presence of dominant market players. If applied immoderately, however, this prohibition is liable to seriously harm competition rather than protect it. In this useful compilation, local practitioners and academics in twelve countries provide a detailed summary and analysis of the application of their countries' law in this area, drawing on the experience of national competition authorities in dealing with market dominance as well as a wide range of legislation, administrative regulations, and case law. Nine EU member states are covered, as are Australia, New Zealand, and the United States. Although contributors were specifically asked not to compare their national provisions with Article 82 EC, the book nevertheless provides useful insight on that article, as well. National "borderline cases", of the kind described here, help to clarify the application of Article 82 EC, especially considering that the case law on this provision is often controversial. Dealing with Dominance is a useful reference tool for the application of the national counterparts to Article 82 EC in Europe and beyond and answers a basic practical need of both national and international competition law practitioners. This book can also be seen as an especially important contribution to the comparative analysis of an increasingly crucial area of economic law.