scholarly journals Night Landings on an Aircraft Carrier: Hospital Mergers and Antitrust Law

1997 ◽  
Vol 23 (2-3) ◽  
pp. 191-220
Author(s):  
Thomas L. Greaney
Keyword(s):  
Federal Trade Commission ◽  
Federal Courts ◽  
Antitrust Law ◽  
Department Of Justice ◽  
Aircraft Carrier ◽  
Hospital Mergers ◽  
The Past ◽  
Consent Decrees ◽  
The Government ◽  
Administrative Proceedings

Justice Stewart’s 1966 dictum about the inevitability of government success in challenging mergers under Section 7 of the Clayton Act held true for another fifteen years or so. In the early 1980s, however, federal enforcement agencies, the Department of Justice (DOJ) and the Federal Trade Commission (FTC), began to find the federal courts less hospitable to antitrust merger cases as more sophisticated economic inquiries and changing proof burdens complicated the task of identifying anticompetitive mergers. Indeed, since the early 1980s, the government has lost more litigated merger cases than it has won and has come under criticism from some quarters for becoming gun shy and not adequately policing the wave of consolidations that have occurred over the past decade.Hospital mergers, however, are a different story. Until two years ago, the government rode a streak of important victories in federal courts and FTC administrative proceedings, and had obtained consent decrees from scores of hospitals that had announced plans to merge.

scholarly journals Judicial Response to the 2010 Horizontal Merger Guidelines

2021 ◽  
Vol 58 (1) ◽  
pp. 51-79
Author(s):  
Carl Shapiro ◽  
Howard Shelanski
Keyword(s):  
Federal Trade Commission ◽  
Case Law ◽  
Market Concentration ◽  
Horizontal Merger ◽  
Average Increase ◽  
Department Of Justice ◽  
Merger Guidelines ◽  
Direct Competition ◽  
The Government ◽  
The U.S

AbstractWe study how the courts have responded to the 2010 Horizontal Merger Guidelines issued by the U.S. Department of Justice and the Federal Trade Commission. Looking at decided cases, we find that both the government and merging parties rely on the 2010 Guidelines in presenting their cases, each side respectively arguing that it should win if the court properly follows them . The 2010 Guidelines had the strongest effect on the case law in the area of unilateral effects, where a number of courts have embraced them in ways that clearly depart from earlier decisions. The case law now exhibits much greater receptivity to a government showing that the merger will lead to higher prices simply due to the loss of direct competition between the two merging firms. The courts also have followed the 2010 Guidelines by more willingly defining markets around targeted customers. We do not detect any effect on decided cases of the higher concentration thresholds found in the 2010 Guidelines. Both the average pre-merger level of market concentration and the average increase in market concentration alleged by the government in litigated cases to date declined after 2010 .

The Federal Trade Commission: The Development of the Law which led to its Establishment

1915 ◽  
Vol 9 (1) ◽  
pp. 57-67
Author(s):  
James A. Fayne
Keyword(s):  
Federal Trade Commission ◽  
Executive Branch ◽  
Department Of Justice ◽  
Private Business ◽  
Administrative Work ◽  
Regulate Competition ◽  
Corporation Law ◽  
The Supreme Court ◽  
The Government ◽  
Circuit Courts

It was Munn vs. Illinois that first interpreted the constitutional provision empowering Congress to regulate commerce in such a way as to charge private business with a public interest. Since that epochal finding our courts have made comparatively swift progress, reaching ultimately (through the Standard Oil and tobacco decisions) a federal trade commission to regulate competition in trade and to restrain illegal combinations. All of this has been done during the professional life of many lawyers of today, for Munn vs. Illinois was decided in 1876.Writers upon the trend of legislation and of court decisions had clearly predicted this last development of corporation law. The incident of climax importance however, was the remanding of the oil and tobacco cases to the circuit courts where the decrees of dissolution were to be worked out in conjunction with the department of justice. This was administrative work, and a department of the executive branch of the government should do it. Hence the creation of the trade commission, empowered to investigate the carrying out of the decrees of the supreme court and to prepare the form of decree in certain cases referred to it by the circuit courts.

E-Projects Challenges in India – Role of Human Resource Management and Technology

2018 ◽  
Vol 6 (8) ◽  
pp. 263
Author(s):  
Ramnik Kaur
Keyword(s):  
Developing Countries ◽  
Public Administration ◽  
Paradigm Shift ◽  
Successful Implementation ◽  
The Public ◽  
Government Services ◽  
The Past ◽  
The Government ◽  
Traditional Approaches

E-governance is a paradigm shift over the traditional approaches in Public Administration which means rendering of government services and information to the public by using electronic means. In the past decades, service quality and responsiveness of the government towards the citizens were least important but with the approach of E-Government the government activities are now well dealt. This paper withdraws experiences from various studies from different countries and projects facing similar challenges which need to be consigned for the successful implementation of e-governance projects. Developing countries like India face poverty and illiteracy as a major obstacle in any form of development which makes it difficult for its government to provide e-services to its people conveniently and fast. It also suggests few suggestions to cope up with the challenges faced while implementing e-projects in India.

Why do the national financial and monetary policies not boost the economy?

2020 ◽  
Vol 26 (7) ◽  
pp. 1496-1521
Author(s):  
N.I. Kulikov ◽  
M.A. Kulikova ◽  
A.A.S.R. Mobio
Keyword(s):  
Central Bank ◽  
Policy Support ◽  
Gdp Growth ◽  
Government Contracts ◽  
Monetary Policies ◽  
The Past ◽  
Russian Economy ◽  
Yearly Average ◽  
Analysis And Synthesis ◽  
The Government

Subject. This article assesses the reasons why the economic policy of the Government and Central Bank of Russia does not cause the economic advance. The article tries to find out why the two strategic programmes adopted over the past ten years have not been implemented in most indicators. Objectives. The article aims to analyze the results of financial and monetary policies in Russia over the past ten years, and establish why the Russian economy has been growing within one percent yearly average all these years, and its share in the world economy has not grown, but got reduced even. Methods. For the study, we used the methods of analysis and synthesis. Results. The article proposes certain measures and activities to move to soft financial and monetary policies of the State and corresponding changes in the structure of the Russian economy. This will help ensure six to seven percent GDP growth annually. Conclusions. High loan rates have become the main obstacle to GDP growth in Russia. It is necessary to accept concrete actions and decisions concerning the Bank of Russia key rate, expansion of the functions of the Central Bank of the Russian Federation, industrial policy, support of consumer demand, long-term government contracts for the real sector enterprises, etc.

Determinants of Trading Decision: An Experiential Examination

GIS Business ◽  
2018 ◽  
Vol 13 (1) ◽  
pp. 1-9
Author(s):  
Gunjan Sharma ◽  
Tarika Singh ◽  
Suvijna Awasthi
Keyword(s):  
Stock Market ◽  
Capital Markets ◽  
Capital Market ◽  
Capital Mobility ◽  
Influential Factors ◽  
Herd Behavior ◽  
Human Beings ◽  
The Past ◽  
The Government ◽  
Indian Stock Market

In the midst of increasing globalization, the past two decades have observed huge inflow of outside capital in the shape of direct and portfolio investment. The increase in capital mobility is due to contact between the different economies across the globe. The growing liberalization in the capital market leads to the growth of various financial products and services. Over the past decade, the Indian capital market has witnessed numerous changes in the direction of developing the capital markets more robust. With the growing Indian economy, the larger inflow of funds has been fetched into the capital markets. The government is continuously working on investor’s education in order to increase retail participation in the Indian stock market. The habits of the risk-averse middle class have been changing where these investors started participating in the Indian stock market. It is an explored fact that human beings are irrational and considering this fact becomes imperative to investigate factors that influence the trading decisions. In this research, ‘an attempt has been made to investigate various factors that affect the individual trading decision’. The data has been collected from various stockbroking firms and from clients of those stockbroking firms their opinions were recorded by means of a questionnaire. Data collected through the structured questionnaire, 33 questions were prepared which was given to the 330 respondents on the basis of convenience sampling out of which 220 individuals filled questionnaire, the total of 200 questionnaires was included in the study after eliminating the incomplete questionnaire. Various factors are being explored from the literature and then with the help of factor analysis some of the most influential factors have been explored. Factors like overconfidence, optimism, cognitive bias, herd behavior, advisory effect, and idealism are the factors which influenced the trading decision of the investors the most. Such kind of a study is contributing in the area of behavioral finance as a trading decision is an important aspect while investing in the stock market. And this kind of study would be helping and assisting financial advisors to strategies for their clients in making the right allocation and also the policy maker and market regulators to come up with better reforms for the Indian stock markets.

The Local Government of Kulon Progo Regency Innovation in Subduing Capitalism through Community Empowerment

2020 ◽  
Vol 4 (2) ◽  
pp. 229
Author(s):  
Muhammad Eko Atmojo ◽  
Helen Dian Fridayani
Keyword(s):  
Qualitative Method ◽  
Positive Impact ◽  
Community Empowerment ◽  
Case Study Approach ◽  
Study Approach ◽  
The Past ◽  
The People ◽  
District Government ◽  
The Government

Kulon Progo Regency is one of the districts that has many innovations, one of which is community empowerment in collaboration with a modern shop abbreviated as the shop name owned by the people (tomira). This research was motivated by the achievements of the Kulon Progo district government in carrying out development and innovation in the development of the Kulon Progo region by fully involving the Kulon Progo district community through community empowerment. This initiative was taken by the government of Kulon Progo Regency to improve community empowerment and protect the people of Kulon Progo Regency from various economic threats. Considering that in the past few years many modern shops have mushroomed in each district/city, so this is what makes Kulon Progo Regency move quickly to empower the community by collaborating between MSMEs or cooperative with modern shops. This study uses a qualitative method which case study approach. With the empowerment that has been done, the original products of Kulon Progo Regency or local products can be traded in modern stores so that local products in Kulon Progo Regency can compete with national products in these modern stores. The existence of such cooperation will indirectly improve the image of Kulon Progo Regency and lift the original products of Kulon Progo Regency. The lifting of the original products of Kulon Progo Regency will have a positive impact on the community, where indirectly the economy of the community will increase so that there will be prosperity for the community. Kabupaten Kulon Progo adalah salah satu kabupaten yang memiliki banyak inovasi, salah satunya adalah pemberdayaan masyarakat bekerja sama dengan toko modern disingkat nama toko yang dimiliki oleh masyarakat (tomira). Penelitian ini dilatarbelakangi oleh pencapaian pemerintah kabupaten Kulon Progo dalam melakukan pengembangan dan inovasi dalam pengembangan wilayah Kulon Progo dengan melibatkan sepenuhnya masyarakat kabupaten Kulon Progo melalui pemberdayaan masyarakat. Inisiatif ini diambil oleh pemerintah Kabupaten Kulon Progo untuk meningkatkan pemberdayaan masyarakat dan melindungi masyarakat Kabupaten Kulon Progo dari berbagai ancaman ekonomi. Menimbang bahwa dalam beberapa tahun terakhir banyak toko-toko modern telah menjamur di setiap kabupaten/kota, jadi inilah yang membuat Kabupaten Kulon Progo bergerak cepat untuk memberdayakan masyarakat dengan berkolaborasi antara UMKM atau bekerjasama dengan toko-toko modern. Penelitian ini menggunakan metode penelitian kualitatif dengan pendekatan studi kasus, dengan metode yang digunakan adalah dokumentasi. Dengan pemberdayaan yang telah dilakukan, produk asli Kabupaten Kulon Progo atau produk lokal dapat diperdagangkan di toko modern sehingga produk lokal di Kabupaten Kulon Progo dapat bersaing dengan produk nasional di toko modern ini. Adanya kerjasama tersebut secara tidak langsung akan meningkatkan citra Kabupaten Kulon Progo dan mengangkat produk asli Kabupaten Kulon Progo. Pencabutan produk asli Kabupaten Kulon Progo akan berdampak positif bagi masyarakat, di mana secara tidak langsung perekonomian masyarakat akan meningkat sehingga akan ada kesejahteraan bagi masyarakat.

Summary of Results

2017 ◽  
Author(s):  
Adrian Kuenzler
Keyword(s):  
Intellectual Property ◽  
Supreme Court ◽  
Government Agencies ◽  
Property Law ◽  
Trademark Law ◽  
Intellectual Property Law ◽  
The Past ◽  
The Supreme Court ◽  
The Government ◽  
Networked Economy

The persuasive force of the accepted account’s property logic has driven antitrust and intellectual property law jurisprudence for at least the past three decades. It has been through the theory of trademark ownership and the commercial strategy of branding that these laws led the courts to comprehend markets as fundamentally bifurcated—as operating according to discrete types of interbrand and intrabrand competition—a division that had an effect far beyond the confines of trademark law and resonates today in the way government agencies and courts evaluate the emerging challenges of the networked economy along the previously introduced distinction between intertype and intratype competition. While the government in its appeal to the Supreme Court in ...

scholarly journals Impact of the COVID-19 pandemic on agricultural production, livelihoods, and food security in India: baseline results of a phone survey

Food Security ◽  
2021 ◽  
Author(s):  
Lindsay M. Jaacks ◽  
Divya Veluguri ◽  
Rajesh Serupally ◽  
Aditi Roy ◽  
Poornima Prabhakaran ◽  
...  
Keyword(s):  
Food Security ◽  
Agricultural Production ◽  
Dietary Diversity ◽  
The Past ◽  
Phone Survey ◽  
Extra Food ◽  
The Government ◽  
Time Of Year ◽  
Livestock Products ◽  
The Impact

AbstractThe aim of this study was to evaluate the impact of the COVID-19 lockdown on agricultural production, livelihoods, food security, and dietary diversity in India. Phone interview surveys were conducted by trained enumerators across 12 states and 200 districts in India from 3 to 15 May 2020. A total of 1437 farmers completed the survey (94% male; 28% 30–39 years old; 38% with secondary schooling). About one in ten farmers (11%) did not harvest in the past month with primary reasons cited being unfavorable weather (37%) and lockdown-related reasons (24%). A total of 63% of farmers harvested in the past month (primarily wheat and vegetables), but only 44% had sold their crop; 12% were still trying to sell their crop, and 39% had stored their crop, with more than half (55%) reporting lockdown-related issues as the reason for storing. Seventy-nine percent of households with wage-workers witnessed a decline in wages in the past month and 49% of households with incomes from livestock witnessed a decline. Landless farmers were about 10 times more likely to skip a meal as compared to large farmers (18% versus 2%), but a majority reported receiving extra food rations from the government. Nearly all farmers reported consuming staple grains daily in the past week (97%), 63% consumed dairy daily, 40% vegetables daily, 26% pulses daily, and 7% fruit daily. These values are much lower than reported previously for farmers in India around this time of year before COVID-19: 94–95% dairy daily, 57–58% pulses daily, 64–65% vegetables daily, and 42–43% fruit daily. In conclusion, we found that the COVID-19 lockdown in India has primarily impacted farmers’ ability to sell their crops and livestock products and decreased daily wages and dietary diversity.

scholarly journals The challenges of donor engagement with faith-based organizations in Cameroon’s health sector: a qualitative study

2021 ◽  
Author(s):  
Sibylle Herzig van Wees ◽  
Michael Jennings
Keyword(s):  
Qualitative Study ◽  
Health Outcomes ◽  
International Development ◽  
Health Sector ◽  
Top Down ◽  
Faith Based ◽  
The Past ◽  
Faith Based Organizations ◽  
The Government ◽  
Depth Interviews

Abstract Substantial global advocacy efforts have been made over the past decade to encourage partnerships and funding of faith-based organizations in international development programmes in efforts to improve social and health outcomes. Whilst there is a wealth of knowledge on religion and development, including its controversies, less attention has been payed to the role that donors might play. The aim of this study was to describe and analyse the engagement between donors and faith-based organizations in Cameroon’s health sector, following the implementation of the Cameroon Health Sector Partnership Strategy (2012). Forty-six in-depth interviews were conducted in selected regions in Cameroon. The findings show that global advocacy efforts to increase partnerships with faith-based organizations have created a space for increasing donor engagement of faith-based organizations following the implementation of the strategy. However, the policy was perceived as top down as it did not take into account some of the existing challenges. The policy arguably accentuated some of the existing tensions between the government and faith-based organizations, fed faith-controversies and complicated the health system landscape. Moreover, it provided donors with a framework for haphazard engagement with faith-based organizations. As such, putting the implications of donor engagement with FBOs on the research map acknowledges the limitations of efforts to collaborate with faith-based organizations and brings to the surface still-remaining blinkers and limited assumptions in donor definitions of faith-based organizations and in ways of collaborating with them.

Frozen Negotiations: The Peace Process in Chiapas

2006 ◽  
Vol 22 (1) ◽  
pp. 131-152 ◽  
Author(s):  
Raúúl Beníítez Manaut ◽  
Andrew Selee ◽  
Cynthia J. Arnson
Keyword(s):  
Armed Conflict ◽  
Democratic Transition ◽  
Political Process ◽  
Peace Process ◽  
Democratic Society ◽  
The Political ◽  
Peace Agreement ◽  
The Past ◽  
The Government ◽  
Better Than

Mexico's democratic transition has helped reduce, if not eliminate, the threat of renewed armed conflict in Chiapas. However, absent more active measures from the government and the Ejéército Zapatista de Liberacióón Nacional (EZLN) to seek a permanent peace agreement and come to terms with the legacies of the past, the conflict will linger on in an unstable déétente, which we term ““armed peace.”” While this situation is far better than the open hostilities of the past, it also belies the promise of a fully democratic society in which all citizens are equally included in the political process. La transicióón democráática en Mééxico ha contribuido a reducir, si no eliminar, la posibilidad de que el conflicto armado en Chiapas se reanude. Sin embargo, sin esfuerzos mas activos por parte del gobierno y del Ejéército Zapatista de Liberacióón Nacional (EZLN) para buscar un acuerdo de paz permanente y saldar cuentas con el pasado, el conflicto permaneceráá en un estado inestable que llamamos ““paz armada””. Aunque esta situacióón es mucho mejor que las tensiones y agresiones del pasado, no cumple los requisitos de una sociedad plenamente democráática en que todos los ciudadanos participan en condiciones de igualdad en el proceso políítico.

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