scholarly journals Competition assessment in business negotiations under distorting market conditions

Author(s):  
Kęstutis Peleckis ◽  
Valentina Peleckienė ◽  
Bahman Peyravi ◽  
Edita Leonavičienė

The competition assessment process provides an analytical framework for business negotiation entities to mitigate, or avoid potential competition problems. It helps to identify possible alternatives that may reduce, or eliminate potential harm to competition. Limiting the number of business negotiation enti-ties leads to the risk that market power will be created and competitive rivalry will be reduced. The aim of the article is to analyze the theory and practice of developing and implementing business negotiation strat-egies in a complex way, also to evaluate the level of competition in distorting market conditions. The ob-ject of the study is to strike a balance at the level of competition in business negotiations, under distorting market conditions. The scientific problem is that bargaining theory lacks tools to assess and balance the level of competition between participants in market conditions that distort competition.

2021 ◽  
Vol 129 ◽  
pp. 12003
Author(s):  
Kęstutis Peleckis

Research background: this study identified which factors influence other factors and how they have a greater impact on the value of a business entity’s HHI index. By knowing the key factors, they can be used to model possible mergers and their impact on the HHI index and possible changes in the market power balance. Purpose of the article: to present the concept of business negotiation system, enabling to model and effectively manage the process of development and implementation of negotiation strategies, assessing the negotiating power of negotiating parties and selecting multi-criteria assessment tools to balance them in the conditions of distorted construction sector market competition. Methods: multi-criteria assessment is used to assess the market power of business entities in business negotiations in order to select effective strategic solutions for construction sector’s business negotiations. Findings & Value added: a developed algorithm for the development of construction sector’s business negotiation strategy based on evaluations of bargaining power is presented.


2020 ◽  
Vol 74 ◽  
pp. 06024
Author(s):  
Kęstutis Peleckis ◽  
Valentina Peleckienė ◽  
Kęstutis K. Peleckis ◽  
Giedrė Lapinskienė ◽  
Zlatko Nedelko

The existence of exclusive rights to produce or supply services means a monopoly. Often it is called a natural monopoly. Exclusive rights are granted for a long period of time, which should encourage major investments in infrastructure, the development of which is unlikely to occur without a guaranteed market. But sometimes exclusive rights are used in situations where there is no natural monopoly. Exclusive rights are, in many respects, one of the main routes to market. Exclusive rights may allow monopoly pricing and other market power tools. Regulatory measures used by competition authorities alone do not make it possible to avoid such a situation, as they often show a very low success rate in preventing market power from being used to protect consumers. The purpose of this article is to analyze the theory and practice of preparing negotiating strategies in a complex way, to reveal opportunities to develop and implement these negotiating strategies, taking into account competition policy actions. The subject of the study is the preparation of negotiation strategies taking into account competition policy actions in the market. The research problem of the article there is not enough tools in the negotiation theory to help develop negotiation strategies in line with competition policy actions.


Author(s):  
Kęstutis Peleckis ◽  
Valentina Peleckienė ◽  
Kęstutis Peleckis

Certain challenges arise in business negotiations when competition in the market is more or less distorted. This can take place in various markets conditions. In such situations great possibilities open up to the development of international business relations as overclocking new market participants can provide additional alternatives for companies and organizations or other business units, by reducing the negative impact of competition distortions for the balance of negotiating power of participants in negotiations. In the development and implementation of effective international business negotiation strategy, it is important to identify the balance of negotiating power of major participants in negotiations in order to make more efficient use of the potential of business negotiations – the negotiating powers. The aim of this article is to analyze in complex the unfolding theory and practice of development and implementation of international business negotiations and negotiating strategies under distorting market competition conditions, to reveal opportunities on development and implementing improvements of these strategies in cases of monopsony, oligopsony and monopoly. Object of the research is the search of balance on negotiating powers in international business negotiations under conditions of distorted competition in the market. The scientific problem - negotiation theory lacks measures for assessment and balancing the negotiating powers of negotiation’s participants under distorted market competition.


Author(s):  
Kęstutis Peleckis ◽  
Valentina Peleckienė ◽  
Bahman Peyravi ◽  
Edita Leonavičienė

Regulations and government interventions often restrict competition in the market and rise cer-tain challenges in business negotiations, when competition in the market is more or less distorted. Remov-ing unnecessary restrains to competition and developing alternatives which still achieve the same policy objectives can bring substantial benefits for negotiation power of market business entities. Competition as-sessment is most effective when business negotiation entities have a clear sufficient information for com-paring options, sufficient resources for conducting an analysis, and sufficient technical skills for perform-ing the analysis. The aim of this article is to analyze in complex the unfolding theory and practice of development and implementation of business negotiating strategies in a regulated and incomplete infor-mation market, to reveal opportunities on development and implementing improvements of these strate-gies. Object of the research is the search of balance on negotiating powers in business negotiations in a regulated and incomplete information market. The scientific problem – negotiation theory lacks measures for assessment and balancing the negotiating powers between negotiation participants in a regulated and incomplete information market.


2020 ◽  
pp. 135581962098337
Author(s):  
Nina R Sperber ◽  
Rebecca Bruening ◽  
Joshua Dadolf ◽  
Katherine Miller ◽  
Jennifer Henius ◽  
...  

Objective To examine the causes of variation for determining clinical eligibility for a national caregiver programme in the US Veterans Health Administration (VHA) and so help inform standardization of clinical eligibility assessment for support and establish conditions for more consistent caregiver experiences across the country. Methods We used mixed methods, including a national survey of caregiver support coordinators (CSCs) across VHA medical centres, semi-structured interviews with a purposive sample of 53 CSCs and interdisciplinary team members, and observations of four VHA medical centre sites. Results A majority (70%) of CSCs across VHA medical centres reported that they used interdisciplinary teams to conduct assessments. Interdisciplinary teams were seen to help mitigate potential harm to therapeutic relationships from eligibility decisions. Survey respondents reported using a range of assessment tools provided by the national VHA Caregiver Support Program office, but participants expressed concerns that the tools did not necessarily effectively assess clinical need. Some local sites had developed innovative person-centered approaches, in which the assessment process provided an opportunity to assess veterans’ holistic clinical needs, in contrast to a programme-centered approach, which focused on assessing whether veterans/their caregivers meet eligibility criteria. Conclusion Discretion by those involved in making decisions on programme eligiblity is important for implementing a national social services programme based on clinical need. Interdisciplinary teams can help mitigate potential harm to therapeutic relationships. Discretion allows for innovation. This work has implications for setting policy in other programme contexts in which applying eligibility criteria requires clinical judgment.


2021 ◽  
pp. 65-81
Author(s):  
Tim Stevens ◽  
Camino Kavanagh

This chapter provides a conceptual and analytical framework for the understanding of ‘cyber power’ in the theory and practice of international relations. Cyber power is the product of relationships between actors, rather than a material quantity that can be possessed and converted into strategic outcomes. This chapter identifies four forms of cyber power that arise from different configurations of state and non-state actors: compulsory, institutional, structural, and productive. Analysis of national cyber strategies shows how states develop, leverage, and exploit their relationships with the actors and structures of the international system to generate cyber power in pursuit of their strategic objectives. Cyber power should therefore be understood as a multiplicity of forms of power in and through cyberspace, not as a singular concept or practice. Moreover, cyber power should be framed within broader conceptualizations of power, rather than treated as somehow distinct and discrete.


2020 ◽  
pp. 1-25
Author(s):  
David BIRCHALL

Abstract This paper presents an original framework designed to systematize understanding of corporate power over human rights. The framework disaggregates four sites of this power: corporations have direct power over individuals’ human rights, power over the materialities of human rights, power over institutions governing human rights, and power over knowledge around human rights. This disaggregation is derived primarily from the work of Barnett and Duvall and focuses on the effects of corporate activity rather than the Weberian understanding of power as the ability to achieve desired outcomes. The framework captures a broad set of corporate acts based on their (potential) harm to human rights. It is argued that understanding business and human rights through the lens of power can help to advance a more comprehensive account of business impacts on human rights.


2020 ◽  
Vol 13 (1) ◽  
Author(s):  
Yesha Y. Sivan

Following COVID-19, virtual technologies, theory and practice, are now core. Thus, our JVWR community is called upon to provide guidance, and we are required to collectively think and do. To jump-start this call for leadership, we present the 3NN framework (three new normals) to meet the mental challenge of the COVID-19 black swan and provide a strategic direction. Using the framework, and based on individual internal risk appetite and external market conditions, one should estimate the relative time each New Normal will take. Then, you or your organization must choose how to lead. For that, we provide a three-pronged tactic: defense, offense, difference.**(Yesha’s note: I dedicate this paper to the memory of Avishai Friedman, my beloved almost-twin cousin. We share a similar name following our grandfather, and an intellectual passion for thinking and doing. I am already missing his kind smile.)


elni Review ◽  
2007 ◽  
pp. 9-17
Author(s):  
Ekkehard Hofmann

With its communication on impact assessment of June 5, 2002, the European Commission has initiated a new era concerning the preparation and explanation of European legislative action. The Commission now strives for an integrated assessment of all major initiatives, taking into account each and every segment concerned. The Commission expressly thought of the introduction of the “Regulatory Impact Assessment” (RIA) as a means of justifying a chosen policy option. The impact assessment process is part of the Commission’s efforts to implement the subsidiarity principle (Art. 5 section 2 TEEC) in the area of governance and better lawmaking. According to the Secretariat General, the process aims to improve the quality of Commission proposals as well as to improve and simplify the regulatory environment. This paper explicates the basic features of the Commission’s approach, illustrated by three examples for impact assessments that have been carried out under the new regime: it focuses on the question as to how recent impact assessment practice fared compared to the standards set by the Commission itself. However, the (potential) role of assessment reports as a means to foster transparency even in the judicial context seems to be underdiscussed in the literature. Hence, the article examines the material legal requirements concerning the substance of governmental reasoning, and legal demands as to whether and how to present explanatory statements under Community law. In the end, there is an attempt to assess the pros and cons of using assessment reports as statements of basis and purpose pursuant Art. 253 TEEC.


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