Leniency and Damage Liability for Cartel Members in Brazil

2021 ◽  
Author(s):  
Lucas Campio Pinha ◽  
Marcelo José Braga
Keyword(s):  
Optimal Policy ◽  
Jel Codes ◽  
The Public ◽  
Criminal Sanctions ◽  
Ex Post ◽  
Recent Debate ◽  
Damage Claims ◽  
Leniency Program ◽  
Cartel Formation ◽  
Damage Claim

Abstract A recent debate on leniency policies is the interplay between the public and the private competition law enforcement. The lack of a well-established set of rules regarding damage claims may be harming the effectiveness of the Brazilian Leniency Program, either by discouraging the wrongdoers from applying for leniency in already formed cartels or by not being threatening enough to deter the cartel formation. The paper objective is to analyze the best policies for leniency applicants regarding the damage liability in Brazil. We conclude that the optimal policy is providing immunity to the leniency applicant, and after that the damage claim lawsuits can be encouraged with no undesirable effects. Extensions confirm the following: the immunity is even more effective when there is risk of betrayal; the immunity is the best policy in the case of ex-post leniency; the immunity is the optimal policy when there is no bankruptcy, otherwise the applicant liability should be the minimum necessary to avoid the bankruptcy; immunity regarding criminal sanctions for individuals is the optimal policy; for international cartels, the optimal policy is a combination of immunity regarding damage claims in all jurisdictions. JEL codes: L13; L41; L44

Public servants working from home: Exploring managers’ changing allowance decisions in a COVID-19 context

2021 ◽  
pp. 103530462110555
Author(s):  
Sue Williamson ◽  
Linda Colley ◽  
Meraiah Foley
Keyword(s):  
Employee Productivity ◽  
Public Servants ◽  
Jel Codes ◽  
Individual Level ◽  
The Public ◽  
Work From Home ◽  
Working From Home ◽  
The Individual ◽  
Organisational Level ◽  
Large Sections

Before the COVID-19 pandemic forced large sections of the workforce to work from home, the uptake of working from home in the public sector had been limited and subject to the discretion or ‘allowance decisions’ of individual managers. Allowance decisions are influenced by factors at the organisational, group and individual levels. This research examines managers’ allowance decisions on working from home at each of these levels. It compares two qualitative datasets: one exploring managerial attitudes to working from home in 2018 and another dataset collected in mid-2020, as Australia transitioned out of the initial pandemic lockdown. The findings suggest a change in the factors influencing managers’ allowance decisions. We have identified a new factor at the organisational level, in the form of local organisational criteria. At the group level, previous concerns about employee productivity largely vanished, and managers experienced an epiphany that working from home could be productive. At the individual level, a new form of managerial discretion emerged as managers attempted to reassert authority over employees working remotely. These levels intersect, and we conclude that allowance decisions are fluid and not made solely by managers but are the result of the interactions between the organisational, group and individual levels. JEL Codes J81, J32

scholarly journals Optimizing The Role of Immigration Civil Servant Investigator in Treating Criminal Actions of People Smuggling

2020 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Doniar Andre Vernanda ◽  
Tony Mirwanto
Keyword(s):  
Law Enforcement ◽  
Civil Servant ◽  
Immigration Law ◽  
Public Prosecutor ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Criminal Sanctions ◽  
Case Files ◽  
National Police

Immigration law enforcement is carried out by civil servant investigators (PPNS) of Immigration by the mandate of Law No. 6 of 2011 on immigration. Immigration civil servant investigators have the authority to carry out the investigation process to hand over case files for subsequent prosecution in court by the public prosecutor. The results and discussion of this research are: (i) People smuggling is a crime where people illegally enter humans without legal and valid immigration travel documents aimed at personal or group gain by entering a country without going through an examination. immigration at the immigration checkpoint (TPI). Criminal sanctions related to human smuggling are regulated in article 120 of the Immigration Law with a maximum threat of 15 years and a fine of Rp. 1,500,000,000.00. (ii) According to the Immigration Law, pro Justitia law enforcement in immigration crimes is carried out by immigration civil servant investigators who have the duties and functions of carrying out investigations & investigations, coordinating with the National Police and other law enforcement agencies as well as carrying out other matters which are ordered by immigration Law

scholarly journals Reconstituting relevance: exploring possibilities for management educators' critical engagement with the public

2020 ◽  
Author(s):  
Todd Bridgman
Keyword(s):  
Empirical Study ◽  
Business School ◽  
Business Schools ◽  
Management Practice ◽  
The Public ◽  
Critical Engagement ◽  
Public Role ◽  
Organizational Activity ◽  
School Faculty ◽  
Recent Debate

This article considers the possibilities of, and threats to, the performance of a critical public role by business school faculty, based on an empirical study of UK research-led business schools. Its reference point is a recent debate about the 'relevance' of management education to management practice-a debate which has become polarized around nodal points of 'critical' and 'engaged' with the implication that engagement with external constituencies requires the suspension of critique and conversely, that critique of received wisdom is of little relevance to stakeholders. The notion of a critical engagement with the public asserts that business schools can serve a valuable democratic function as scrutinizers of organizational activity. This role is largely marginalized in prevailing conceptions of an increasingly commercialized business school, but the empirical study suggests there is some cause for optimism. The demonstration of 'relevance' does not have to involve the pursuit of a narrow commercialization agenda where the business school propagates a strictly managerialist view of the world. Copyright © 2007 Sage Publications.

scholarly journals Reconstituting relevance: exploring possibilities for management educators' critical engagement with the public

2020 ◽  
Author(s):  
Todd Bridgman
Keyword(s):  
Empirical Study ◽  
Business School ◽  
Business Schools ◽  
Management Practice ◽  
The Public ◽  
Critical Engagement ◽  
Public Role ◽  
Organizational Activity ◽  
School Faculty ◽  
Recent Debate

This article considers the possibilities of, and threats to, the performance of a critical public role by business school faculty, based on an empirical study of UK research-led business schools. Its reference point is a recent debate about the 'relevance' of management education to management practice-a debate which has become polarized around nodal points of 'critical' and 'engaged' with the implication that engagement with external constituencies requires the suspension of critique and conversely, that critique of received wisdom is of little relevance to stakeholders. The notion of a critical engagement with the public asserts that business schools can serve a valuable democratic function as scrutinizers of organizational activity. This role is largely marginalized in prevailing conceptions of an increasingly commercialized business school, but the empirical study suggests there is some cause for optimism. The demonstration of 'relevance' does not have to involve the pursuit of a narrow commercialization agenda where the business school propagates a strictly managerialist view of the world. Copyright © 2007 Sage Publications.

“The God of Time is Heritage of Mine”

2018 ◽  
Vol 6 (3) ◽  
pp. 199-211 ◽  
Author(s):  
Francesco Ripanti ◽  
Samanta Mariotti
Keyword(s):  
Preliminary Analysis ◽  
Archaeological Site ◽  
Fund Raising ◽  
Emotional Impact ◽  
Public Outreach ◽  
Late Antique ◽  
Emotional Connection ◽  
The Public ◽  
Theatrical Performances ◽  
Recent Debate

ABSTRACTDuring the 2014 excavation campaign at Vignale an impressive late antique mosaic depicting Aion, the God of Time, was discovered. This artifact of 100 m2 became a milestone for outreach activities; fund-raising, theatrical performances, and archaeological trekking sessions were tailored to this finding, in collaboration with local associations. The discovery of the mosaic consolidated the promotional lines followed for this project, on-site and off-site, capable of engaging different audiences. Taking into account the recent debate about emotion as an essential constituent of the heritage-making process, a preliminary analysis of these initiatives questions the existence and the development of an emotional connection between the public and the archaeological site. Since an emotional connection emerged, further analyses and studies need to specify the kinds of emotive connection that occur. Assessment of the emotional impact intrinsic to public outreach will provide clues to transforming the “intellectual” emotion of discovery into a shared and valuable emotion for the benefit of both the archaeological project and its stakeholders.

Optimal Policy for Biopharmaceutical Drugs Innovation and Access in India

2011 ◽  
pp. 74-114
Author(s):  
Rakhi Rashmi
Keyword(s):  
Developing Countries ◽  
Optimal Policy ◽  
Patent Protection ◽  
Trips Agreement ◽  
Public Access ◽  
The Public ◽  
Transfer Of Technology ◽  
The People ◽  
The Right ◽  
Government Initiative

In theory, patents work by providing the inventor an incentive to invent in the first place and then to disclose. Disclosure to the public is rewarded by giving the inventor a monopoly. As product patent and higher patent protection has been advocated by Art 27.1 of the TRIPs agreement on the basis that for greater innovation through transfer of technology is a necessity in developing countries like India as it provides capital to fund expensive innovations, who are otherwise not be able to fund expensive innovations on its own. On the other hand, at the same time drugs are also related with the health of the people and to take care of the health of the people is the utmost priority of any Government and there are issues like accessibility with regard to strong patent protection to biopharma products and data exclusivity. Also as per Art 7 of the TRIPs transfer of technology has to occur to the developing countries in order to promote technological innovations, which is conducive to social and economic welfare. Therefore, striking the right balance between incentive and public access creates a tension is essential. This study suggests optimal policy (Patent and other regulations) to have a balance between biopharma drugs innovation and their access in India while complying with the provisions of the TRIPs agreement by broadly categorising variables such as (1) patent policy such as the scope of biotech patents and the extent of the right in terms of breadth and length; and (2) regulatory environment such as the taxation incentive, Investment policy, Government initiative for the development of this sector etc.

scholarly journals Audit Lag Criteria Report as a Determination of the Reliability and Quality of Auditor's Report in Indonesia

2020 ◽  
Vol 11 (6) ◽  
pp. 96
Author(s):  
Iskandar Muda ◽  
Karina Valisia Davis ◽  
Erlina Erlina ◽  
Azizul Kholis ◽  
Gusnardi Gusnardi
Keyword(s):  
Sampling Technique ◽  
Financial Statements ◽  
Company Size ◽  
The Public ◽  
Ex Post ◽  
Analysis Technique ◽  
Ex Post Facto ◽  
A Company

This paperaims to knowthe quality indicatorsof the financial statements which consist of profitability, solvency and reputation of Registered Public Accountant (KAP)to the audit lagwith company size as a moderation variable either partially or simultaneously in LQ45 companies. This research is a comparative causal research with ex post facto approach. Purposive sampling technique is used in this research and there are 18 samples collected by this technique from LQ45 in Indonesia Company Issueryear 2010-2016. The data analyzed research is 126. Data analysis technique used Moderated Regression Analysis (MRA) with the Application ofEviews Software. The study concluded thatstudy showed that solvency, reputation of the public accounting firm and company size had a significant effect on Audit Lag, while profitability had no significant effect on Audit Lag. The size of a company able to moderate the effect of independent variablesto the Audit Lag and not haveto moderate the effect of the profitability to the Audit Lag.

scholarly journals Optimal Monetary Policy when Information is Market-Generated

2020 ◽  
Vol 130 (628) ◽  
pp. 956-975 ◽  
Author(s):  
Kenza Benhima ◽  
Isabella Blengini
Keyword(s):  
Monetary Policy ◽  
Central Bank ◽  
Optimal Policy ◽  
Labour Supply ◽  
Limited Attention ◽  
Optimal Monetary Policy ◽  
The Public ◽  
Supply Shocks ◽  
Individual Demand ◽  
Real Shocks

Abstract The nature of the private sector’s information changes the optimal conduct of monetary policy. When firms observe their individual demand and use it as a signal of real shocks, the optimal policy consists in maximising the information content of that signal. When real shocks are deflationary (like labour supply shocks), the optimal policy is countercyclical and magnifies price movements, which contrasts with the exogenous information case, where optimal monetary policy is procyclical and stabilises prices. When the central bank communicates its information to the public, this policy is still optimal if firms pay limited attention to central bank announcements.

scholarly journals Street Network Resilience Put to the Test: The Dramatic Crash of Genoa and Bologna Bridges

2020 ◽  
Vol 12 (11) ◽  
pp. 4706 ◽  
Author(s):  
Valerio Cutini ◽  
Camilla Pezzica
Keyword(s):  
Urban Form ◽  
Real Life ◽  
Design Decision ◽  
Network Resilience ◽  
Urban Resilience ◽  
Street Network ◽  
The Public ◽  
Planning And Design ◽  
Ex Post ◽  
Urban Futures

Various hazards and endemic threats are increasingly looming over cities, leading planners to rely on a rich toolbox of flexible and inclusive planning instruments and methods, capable of dealing with unpredicted events or sudden urban contingencies, when seeking sustainable urban futures. While sustainability-oriented innovative planning approaches are gaining momentum, ways to embed connected concepts in operational planning and design decision support systems have yet to be fully developed and validated. This paper tackles this issue by proposing and testing, in a real-life scenario, a method for the computational analysis of street network resilience, based on Space Syntax theory. The method is suitable to quantify the capacity of urban grids to absorb sudden disturbances and adapt to change, and to offer support for mitigation decisions and their communication to the public. It presents a set of configurational resilience indices, whose reliability is qualitatively assessed considering the ex-ante and ex-post urban configurations generated by two exceptional and dramatic bridge crashes. These events occurred almost simultaneously in two Italian cities with peculiarly similar characteristics. The results confirm the value of the proposal and highlight urban form, and particularly its grid, as a key driver in building urban resilience, together with the self-organisation capacity of local communities.

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