The Standard of Proof in EC Merger Control-Conclusions from the Sony BMG Saga. IES WORKING PAPER 4/2008

One of the most important developments in EC competition policy during 2006 was the Court of First Instance’s (CFI) Impala v. Commission judgment annulling the European Commission’s approval of the merger between the music units of Sony and Bertelsmann. It harshly criticized the Commission’s Decision because it found that the evidence relied on was not capable of substantiating the conclusion. This was the first time that a merger decision was annulled for not meeting the requisite legal standard for authorizing the merger. Consequently, the CFI raised fundamental questions about the standard of proof incumbent on the Commission in its merger review procedures. On July 10, 2008, the European Court of Justice overturned Impala, yet it did not resolve the fundamental question underlying the judicial review of the Sony BMG Decision; does the Commission have the necessary resources and expertise to meet the Community Court’s standard of proof? This paper addresses the wider implications of the Sony BMG saga for the Commission’s future handling of complex merger investigations. It argues that the Commission may have set itself an impossible precedent in the second approval of the merger. While the Commission has made a substantial attempt to meet the high standard of proof imposed by the Community Courts, it is doubtful that it will be able to jump the fence again in a similar fashion under normal procedural circumstances.

Relaunching the European Retail Finance Market: Comments on the Commission's Green Paper. ECRI Commentary No. 20, 15 December 2015

The European Commission’s Green Paper on retail financial services, published on December 10th, provides valuable insights into the possible benefits of a single market, as well as the obstacles to its development and the possible remedies. While a greater diversity of products within countries could have a positive impact on both consumers and providers, it is also important to highlight that it could contribute to more effective macroeconomic policies at European level. The development of such a single market for Europe where consumers can confidently purchase more profitable financial products abroad necessitates the establishment of a European body along the lines of the US Consumer Financial Protection Bureau (CFPB), or at least the establishment of closer European supervisory cooperation and enforcement. A framework for the digitalisation of financial services should not only focus on mitigating specific types of risk, such as cyber insecurity, lack of privacy and financial exclusion, but it should also continue to maintain a “space of creation” for innovative financial firms.

The constitution, congress, and the courts : speech of Hon. David J. Lewis, of Maryland, in the House of Representatives, Monday, March 8, 1937.

"(Not printed at government expense.)"

A guide to federal agency rulemaking /

Item 1049-H-1

Government by judiciary,

Mode of access: Internet.

Legislative veto and the "Chadha" decision : hearing before the Subcommittee on Administrative Practice and Procedure of the Committee on the Judiciary, United States Senate, Ninety-eighth Congress, first session, on effects of the Supreme Court's decision in Immigration and Naturalization Service v. Chadha on legislative veto.

Mode of access: Internet.

Pupil transportation reimbursement FY ... (... school year) : instructions /

Title from cover.

Strengthening the supervision and regulation of the depository institutions : hearings before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Second Congress, first session, on reform federal deposit insurance, protect the deposit insurance funds, and improve supervision and regulation of and disclosure relating to federally insured depository institutions ....

"February 26, 1991 ... April 23, 1991"--Vol. 1. "April 25, 1991 ... November 25, 1991"--Vol. 2.

Estudio Económico de América Latina y el Caribe 2016: La Agenda 2030 para el Desarrollo Sostenible y los desafíos del financiamiento para el desarrollo

En su edición número 68, que corresponde al año 2016, el Estudio Económico de América Latina y el Caribe consta de tres partes. En la primera se resume el desempeño de la economía regional en 2015 y se analiza la evolución durante el primer semestre de 2016, así como las perspectivas de crecimiento para el año. Se examinan los factores externos e internos que han incidido en el desempeño económico de la región y se destacan algunos de los desafíos para las políticas macroeconómicas en un contexto externo caracterizado por el bajo crecimiento y elevados grados de incertidumbre. En la sección temática de este Estudio se analizan los desafíos que tienen los países de América Latina y el Caribe en el ámbito interno y externo para movilizar el financiamiento del desarrollo. En lo interno, la desaceleración del crecimiento y las mayores restricciones fiscales imponen importantes retos a la movilización de recursos. En lo externo, la condición de países de renta media dificulta el acceso al financiamiento externo concesionado o de la cooperación internacional. La tercera parte, que está disponible en la página web de la CEPAL (www.cepal.org), contiene las notas referentes al desempeño económico de los países de América Latina y el Caribe en 2015 y el primer semestre de 2016, así como los respectivos anexos estadísticos. La información que se presenta ha sido actualizada al 30 de junio de 2016.

Estudo Econômico da América Latina e do Caribe 2016: A Agenda 2030 para o Desenvolvimento Sustentável e os desafios do financiamento para o desenvolvimento. Documento informativo

Em sua edição número 68, que corresponde a 2016, o Estudo Econômico da América Latina e do Caribe consta de três partes. A primeira resume o desempenho da economia regional em 2015 e analisa a evolução durante o primeiro semestre de 2016, bem como as perspectivas de crescimento para o ano. Examina os fatores externos e internos que incidiram no desempenho econômico da região e destaca alguns dos desafios para as políticas macroeconômicas num contexto externo caracterizado por baixo crescimento e elevados graus de incerteza. A seção temática deste estudo analisa os desafios que os países da América Latina e do Caribe enfrentam no âmbito interno e externo para mobilizar o financiamento para o desenvolvimento. No âmbito interno, a desaceleração do crescimento e as maiores restrições fiscais impõem importantes desafios à mobilização de recursos. No âmbito externo, a condição de países de renda média dificulta o acesso ao financiamento externo concessional ou à cooperação internacional. A terceira parte, que está disponível no site da CEPAL (www.cepal.org), contém as notas referentes ao desempenho econômico dos países da América Latina e do Caribe em 2015 e no primeiro semestre de 2016, bem como os respectivos anexos estatísticos. A informação apresentada foi atualizada em 30 de junho de 2016.

Population ageing and the implications for finanical markets

How will financial institutions respond to the transactions and asset management needs of both the ageing population and their carers? The ageing of the population has generated increased interest from both government and business, including banking and financial services, in the sorts of services that will be required by older people, and how their money and property will be managed. This article examines the trends and implications for banking practice of this increasing population of customers and their carers.

Using DEA [data envelopment analysis] in benchmarking

Australian banks are currently generating huge profits but are they sustainable? NECMI AVKIRAN suggests that banks will need to scrutinise the performance of their networks to ensure future profits.

People management issues in Indian KPOs

Purpose: The business process outsourcing (BPO) industry in India is evolving rapidly, and one of the key characteristics of this industry is the emergence of high-end services offered by knowledge processing outsourcing (KPO) organizations. These organizations are set to grow at a tremendous pace. Given the people-intensive nature of this industry, efficient employee management is bound to play a critical role. The literature lacks studies offering insights into the HR challenges involved and the ways in which they are addressed by KPOs. The purpose of this paper is to attempt to fill this gap by presenting findings from an in-depth case study of a KPO organization. Design/methodology/ approach: To achieve the research objective we adopted an in-depth case study approach. The research setting was that of a KPO organization in India, which specialises in offering complex analytics, accounting and support services to the real estate and financial services industries. Findings: The results of this study highlight the differences in the nature of work characteristics in such organizations as compared to call centres. The study also highlights some of the key people management challenges that these organizations face like attracting and retaining talent. The case company adopts formal, structured, transparent and innovative human resource practices. The study also highlights that such enlightened human resource practices stand on the foundations laid by an open work environment and facilitative leadership. Research limitations/implications: One of the key limitations is that the analysis is based on primary data from a single case study and only 18 interviews. The analysis contributes to the fields of KPO, HRM and India and has key messages for policy makers. Originality/value: The literature on outsourcing has in general focused on call centres established in the developed world. However, the booming BPO industry in India is also beginning to offer high-end services, which are far above the typical call centres. These KPOs and their people management challenges are relatively unexplored territories in the literature. By conducting this study in an emerging market (India) and focusing on people-related challenges in KPOs, this study attempts to provide a fresh perspective to the extant BPO literature. © Emerald Group Publishing Limited.

Responding to crisis through strategic knowledge management

Purpose - Many managers would like to take a strategic approach to preparing the organisation to avoid impending crisis but instead find themselves fire-fighting to mitigate its impact. This paper seeks to examine an organisation which made major strategic changes in order to respond to the full effect of a crisis which would be realised over a two to three year period. At the root of these changes was a strategic approach to managing knowledge. The paper's purpose is to reflect on managers' views of the impact this strategy had on preparing for the crisis and explore what happened in the organisation during and after the crisis. Design/methodology/approach - The paper examines a case-study of a financial services organisation which faced the crisis of its impending dissolution. The paper draws upon observations of change management workshops, as well as interviews with organisational members of a change management task force. Findings - The response to the crisis was to recognise the importance of the people and their knowledge to the organisation, and to build a strategy which improved business processes and communication flow across the divisions, as well as managing the departure of knowledge workers from an organisation in the process of being dissolved. Practical implications - The paper demonstrates the importance of building a knowledge management strategy during times of crisis, and draws out important lessons for organisations facing organisational change. Originality/value - The paper represents a unique opportunity to learn from an organisation adopting a strategic approach to managing its knowledge during a time of crisis. © Emerald Group Publishing Limited.

Managing service productivity using data envelopment analysis

This chapter provides the theoretical foundation and background on data envelopment analysis (DEA) method. We first introduce the basic DEA models. The balance of this chapter focuses on evidences showing DEA has been extensively applied for measuring efficiency and productivity of services including financial services (banking, insurance, securities, and fund management), professional services, health services, education services, environmental and public services, energy services, logistics, tourism, information technology, telecommunications, transport, distribution, audio-visual, media, entertainment, cultural and other business services. Finally, we provide information on the use of Performance Improvement Management Software (PIM-DEA). A free limited version of this software and downloading procedure is also included in this chapter.