Do Divestitures Have PositiveWealth Effects Literature review

Do Divestitures Have PositiveWealth Effects - Literature review Example Therefore, it can be said that a concept of divestiture is the opposite of an investment. The concept of divestiture is very much different from the concept of personal finance. Under the concept of personal finance, the investors sell out their business shares so as to meet their personal objectives. The major scope of a divestiture is that it allows the concentration of business resources in the market, and this process makes the business more profitable. This literature review tends to evaluate the positive wealth effects of divestitures. Motives behind divestitures Evidently, divestiture processes have been gradually increasing since 1990s. According to Kiymaz (2006), the gradually increasing divestiture can be clearly attributed to widespread corporate restructuring activities. The Author points out that the volume of divestitures has increased since 2,057 in 1993 to 3,134 in 1998. Kiymaz also argues that divestitures are the outcomes of a firm’s interest to create and pr eserve its shareholder wealth and it does not always symbolize the failure of a firm. A divestiture effectively refreshes a business organization and it assists the firm to enter the next phase of growth. The ultimate objective of every business firm is its further expansion and thereby increased profitability. A running business may have thorough knowledge regarding its key areas of strengths and weaknesses. Hence, an organization normally intends to restructure its strategies and concepts in order to address its weaker business areas and thereby focus more on potential growth sectors. In the opinion of Kiymaz (2006), spin offs and sell offs are the two effective techniques for a successful divestiture. Under the spin off methods, a company distributes all the common stocks to its existing shareholders with intent to create a separate publicly traded company. The author asserts that the divested asset is sold to another firm according to the concept of sell off. A spin off does not release its assets out of the company boundaries; instead, it retains within the hands of its shareholders. In contrast, a sell off constitutes complete remolding of the organizational structure and it includes an absolute disposal of some of its assets. However, retirement of succession planning is one of the major elements that influence a firm to adopt the techniques of divestitures. Rationalizing the number of shareholders is another motive behind divestiture strategies. Obviously, every shareholder of a firm would not be able to raise additional funds in times of contingencies. Moreover, every firm likes to retain potential shareholders because only they can contribute to the expansion of the company. The concept of divestiture enables the company to explore its potential shareholders. Colak and Whited (n.d.) claim that conglomerate invest efficiency play a vital role in determining the degree of growth of conglomerates. The authors add that a divestiture can effectively add t o the improvement of conglomerate investment efficiency. Therefore, dismantling conglomerates becomes a strong motive behind a divestiture. Similarly, a firm may have earned number of business entities by the way of acquisitions. It is often seen that the acquisition strategies adopted by firms become incorrect and thereby such firms are compelled to discard their acquisitions. Under such

Republic Plato Essay Example for Free

Republic Plato Essay A noble lie is necessary for smooth and peaceful governance. In Republic, Plato offers a wide account that seeks to justify the use of lies among the societal elite. Using the example of a stratified society that is made up of rulers, auxiliaries, and farmers, Plato emphasizes that a society needs these clear strata for a peaceful co-existence. However, this stratification needs to be solidified and justified by a pack of lies which he calls, The Noble Lie. For instance, the people need to be assured that these strata are not as a result of forces within their control but it is the will of God that demands so. It is the will of God that intervenes during birth; so that some people are born with gold entrenched in their souls, others with silver, and others with iron. Apparently, those born with gold make the rulers’ class while the silvers are the auxiliaries and those born with iron are the farmers’. It was believed that if the rulers sired children with silver or even iron they would definitely relinquish their rulers’ status and take the auxiliaries or the framers status depending on the metal in their souls. The same case applied to those in the auxiliary and farmers’ category that were with gold – they would be promoted to the rulers’ class. To mitigate such scenarios, it was also believed that people from different metal classes should not intermarry – marriage was strictly within the same classes (Pangle, 1988). Fundamentally, the noble lie is comparatively similar with the contemporary religion given that they all aim at piecing the society together so as to avoid unnecessary wrangles. Religion, like the noble lie seeks to instill a sense of confidence and trust in the supreme deity who is conventionally believed to be responsible for all issues affecting human kind. Though the myth is a work of fiction from a fertile mind, it succeeds in hammering home its message. The noble message is that human beings cannot be morally and socially equal; some will be rulers while others will be the servants to the rulers. Perhaps Plato’s decision to use noble lie was informed by his conviction that not many people in the society are capable of making good leaders, given that good leaders are expected to make smart decisions. Apparently, those smart decisions need to be laced with â€Å"necessary lies† capable of holding the society together even in the thick of temptations (Pangle, 1988). A good example of noble lies applied in contemporary governance matters is the Iraqi invasion by the western world led by the United States and United Kingdom. Ideally, both President Bush and Prime Minister Blair administrations used the noble lie(s) to drum support from the public that indeed an Iraqi invasion was justified. Following the September 11, 2001 attacks, Americans developed a feeling that terrorism needed to be fought even no matter the consequences. On the other hand, the British public like very many others at the time, particularly non-Muslims had great fears on Saddam developing weapons of mass destruction. These situations provided the best opportunities for the Bush and Blair Governments. For instance, it was very easy for the Bush administration to tie up a few truths (fighting terrorism) with the big lie, that Saddam Hussein was giving refuge to terrorists to justify an invasion. On the other hand, Blair had an easy time convincing the British public that invading Iraq would rid Saddam Hussein of the deadly weapons of mass destruction. Both lies were indeed â€Å"noble† given that they were based on the notion that a toppled Saddam Hussein leadership would create a peaceful world to live in (Postel, 2003). The main reasoning behind Plato’s conception of a stratified society is that a society needed all categories of people for it to be productive. Leaders provided ideas responsible for holding the society together while the auxiliaries provided the critical guarding services to critical personalities and places, with the farmers providing the menial labor for various activities. To him, the lie did not matter or even loose morality given that people believed that their â€Å"God† was responsible for putting a different metal in each individual’s soul and bloodstreams before s/he was born. If the people believed, just as religion demands of them in God then the society will be more governable in a â€Å"just† manner (Mason, 2004). Similar sentiments are shared by Pfaff (2003), when he argues â€Å"that the essential truths about society and history should be held by an elite, and withheld from others who lack the fortitude to deal with truth. Society, Strauss thought, needs consoling lies. † Ideally, this was a conviction based on the notion that the auxiliaries and farmers alike were not fit to enjoy explicit freedom or even capable of cushioning the potential shocks in the event they were told the â€Å"truths. † Or even as Urdaibay (1) asserts, There are different kinds of truths for different kinds of people. There are truths appropriate for children; truths that are appropriate for students; truths that are appropriate for educated adults; and truths that are appropriate for highly educated adults, and the notion that there should be one set of truths available to everyone is a modern democratic fallacy [that] †¦ doesnt work. After all, Plato reasoned that any attempts to tell them the truth would be an exercise in futility as they would not understand the gist of any truths given that their iron coated souls and bloodstreams undermined their potential for grasping truthful things – they could only understand lies which were laced with some elements of nobility. It is only to assert that if they realize the truth behind the laws of nature that are taught to them that, â€Å"the right of the superior to rule over the inferior, the master over the slave, the husband over the wife, and the wise few over the vulgar many† they will definitely revolt against the set social norms and order (Mason 2004). In fact, those rulers should be those people who know and acknowledge that there is no morality or ethics, and that oppression should be applied among the masses to ensure no one challenged the big lie. Strauss galvanizes this argument by asserting that, people should not told about such fundamental truths and that selective teaching should be encouraged in order to keep the masses within the limits of noble lie(s). And that the masses need not be taught beyond what they ought to know (Postel 2003). Work Cited Mason, John, G. Leo Strauss and the Noble Lie: The Neo-Cons at War. Available at: http://www. logosjournal. com/mason. htm/ accessed on July 24, 2010. Pangle, Thomas, Ed. The laws of Plato by Plato. University of Chicago Press, 1988. Pfaff, William. â€Å"The Long Reach of Leo Strauss,† Op-Ed, International Herald Tribune, May 15, 2003. Postel, Danny. Noble lies and perpetual war: Leo Strauss, the neo-cons, and Iraq, October 16, 2003. Available at: http://www. opendemocracy. net/debates/ accessed on July 24, 2010. Urdaibay, Alan. Atheism Central for Secondary Schools, 1999. Available at; http://www. eclispe. co. uk/thoughts/noblelie. htm/ accessed on July 24, 2010.

The Argument Of A King By Martin Luther Religion Essay

The Argument Of A King By Martin Luther Religion Essay While Martin Luther King Jr.s audience, the white clergymen, accused him of his protests being unwise, untimely, and extreme, he effectively constructs an acceptable Christian definition of just and unjust laws, as well as what nonviolent direct action should entail by the use of an assortment of rhetorical techniques. In his inspirational literary piece, Letter from Birmingham Jail, Dr. King addresses not only the 8 white Alabama clergymen, but also a larger array of citizens, explaining his views on the evils of segregation. He was aware of the clergymens lack of interest in how civil rights activists were breaking laws instead of handling the matter in a lawful, controlled manner. This led him to devising a more brilliant strategy for his rebuttal rather than an aggressive confrontation. He also knew that his words would be ignored, because all white clergymen and most religious non-supporters saw him as an inferior human being. Too often, arguments fail to bring about any type of understanding to the opposing side because each group has an assortment of important ideas that circle the basis of an argument from two different ends of the spectrum but very rarely tie together. Dr. King, therefore, realized that he must relinquish the role of an anti-segregationist and instead write in such a manne r that would portray him as a righteous man with similar views and characteristics with that of his target audience, which, in this case, were the clergymen and other white members. He employs Aristotles three means of persuasion, ethos, pathos, and logos, to accomplish this task. Discussing whether or not a law should be followed on the grounds of its virtue requires the individual to be one whom is worthy of explaining such matters. Rather than coming out directly and arguing that the clergymen were wrong, which would illustrate King in the same likes as other anti-segregationists, he takes a much more sensible approach to his opponents to show his readiness of discussing these matters in good nature and maturity. Dr. Kings effective use of rhetorical technique begins with the opening line. He states, My Dear Fellow Clergymen (King 213). This form of salutation completes two objectives. Firstly, it addresses the men who he disagrees with in a warm, welcoming fashion. The use of the word Fellow also creates a bond between King and his addressees, instead of separating them and making his letter seem quite offensive. The two aforementioned methods of using an affable type of welcoming set Kings letter up to be a logical discussion, rather than a customary disp ute in opposition to the clergymens views. King employs this method further into his letter when he identifies the men as men of genuine good will (King 214). King states that he understands their viewpoint on the subject at hand and acknowledges them as men with good intentions before he explains why he disagrees. If King instead accused these white clergymen, who happen to be heavily influenced by religion, of any act of sinfulness, he could have potentially lost their interest and respect exceptionally early in his letter. Another remarkable strategy used in Kings letter, also found in his opening excerpt, is the following: While confined here in Birmingham city jailà ¢Ã¢â€š ¬Ã‚ ¦ (King 213). Rather than being interpreted as a meaningless introduction, it illustrates the readers interpretations of a cold, isolated, and unfeeling jail cell. Constructing this idea early into the minds of his addressees reminds them throughout the entire letter of where King is expressing these dee p, emotional feelings from, while they correspond from a significantly relaxed atmosphere. Having the foundation of his argument set in place, King begins to explain the hardship of African Americans in the South, and how despite their repeated efforts, they continuously fail to achieve recognized civil rights. He discusses the unjust laws keeping African Americans from the rights that they long to attain. Further into the letter, King introduces the reader to his assertion that unjust laws should not be obeyed faithfully; he explains, Too long has our beloved Southland been bogged down in a tragic effort to live in monologue rather than dialogue (King 216). Using the phrase Southern lands, rather than explaining that it is the African American community experiencing these troubles, effectively directs the reader into realizing that the hardships are not only felt by a small group of people, but rather the entire South. The aforesaid passage builds a strong logical appeal: if, in a specific populace, a persons opinions are heard and acknowledged, then the possibility opens up of the laws in that region being unjust and in need of alteration. King is delicately persuading his addressees to concur with his impending arguments toward, what were at the time, the current segregation laws. Doing so will successfully rid the reader of any disagreement barrier when he writes You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern (King 218). Dr. King strives to display a mellow comprehension on a matter in which he lived to fight for, while simultaneously sympathizing with the sentiment of his opposition. The logical and emotional appeal displayed in Kings thoughtfully planned out reasoning attracts the reader further into wanting to consider the remains of his argument. A major occurrence in Kings letter that signifies his use of logical persuasion is seen with his quote from St. Augustine, an early bishop of the Christian Church who deeply influenced the spirit of Christianity for many centuries, where he explains, an unjust law is no law at all (King 218). Before delving into the subject of just and unjust laws, however, King mentions that he strongly agrees with obeying just laws. Doing so creates another ethical bond with his addressees, which happen to be the men in charge of protecting laws, showing them that he also happens to be an individual with good intentions. This quote also draws a connection between King and St. Augustine, almost explaining that if the Saint were still alive, he would support Kings endeavors. This is an important passage to note due to the fact that Ki ngs addressees were strongly influenced by religion at the time, therefore, making connections through religious correspondence was a legitimate form of communicating his ideas. The use of several occurrences when Christians broke unjust laws and resisted unreasonable rules because of their belief in God attempts to make a connection between Kings actions and those of early Christians. This effectively portrays Kings ethical characteristics to his audience; placing him above the standards of what many white readers would see him as. Bringing religion into his argument forces the clergymen to re-evaluate their statement about the impropriety of disobeying segregation laws because it would be out of the question for them to argue against Kings biblical correlations. Although there appear to be a large display of literary techniques used by Dr. Martin Luther King to gain respect and approval from his addressees, one may argue against many of Kings ideals. One of which would be his main argument; the use of nonviolent direct action. The concern of the efficacy of nonviolent direct action arises, and ideas begin to develop on whether or not violence is actually needed in order to communicate ones viewpoint. As with anything else in the world, no action is guaranteed to work every time. Although nonviolence does have its drawbacks, as seen in Burma and China, it has a relatively strong effectiveness. There have been dramatic improvements in civil and political rights over the past two decades, and nonviolent action has played a crucial role in this transition, including the downfall of dictatorships in Eastern Europe, Latin America, Africa, and Asia. Nonviolent struggles in recent decades have not only led to significant political and social reforms advancing the cause of human rights, but have also even toppled repressive regimes from power and forced leaders to change the very nature of their governance. As a result, nonviolent resistance has been evolving from an informal strategy associated with religious or ethical principles into an insightful, even institutionalized, method of resistance. One may also argue against Kings religious references, stating that these analogies wouldnt apply to those persons who were not as heavily involved with religious, or, happened to be a part of a group aside from Christians. In such case, King emotionally appeals to every true American when he finishes his letter off discussing World War II. He reminds the reader that everything Hitler did was considered lawful at the time, and that aiding the Jewish civilians in German-controlled regions was deemed unlawful. This example from King is one that touches the hearts of many, since at the time WWII had recently ended yet still rested in the thoughts of every American. Drawing such a comparison was an extremely effective, however delicate, way for King to emotionally persuade, and show that, religious or not, the act of killing another human being can never be established as lawful. King was quite aware of the white clergymens use of several caustic messages of altercation underlying the very sophisticated words that were used to compile their public statement that inspired him to write this letter. He therefore took it upon himself to strike back with a similarly professional tone, addressing both what the clergymen claimed and the implications they overlooked in their views. His ability to compose a logical, even-tempered, argument, with such anger and frustration hidden deep in his heart, truly gains him the respect of the reader. With this acquired respect, he therefore is able to justifiably express his views on just and unjust laws. His addressees, who have already been swayed both expressively and plausibly, are pushed even further into creating a whole-hearted bond with a man who many considered an inferior human being. It is by this extraordinary display of writing and technique that King is able to communicate his viewpoints in a way that is both ratio nal and nonviolent.

The Problems with Abortion and Solutions Essay -- Abortion Pregnancy M

The Problems with Abortion and Solutions Abortion is referred as the termination of a pregnancy or of a fetus that is incapable of survival (Dictionary.com). Abortion is morally wrong and illegal because the fetus is a person. It is the same thing as murder. The reasons people have abortions are they are not ready to handle the responsibility of another human being, the fetus may have a birth defect, mother’s heath is an issue, rape, or simply because they don’t want any more children (Abortioninfo). The majority of people that have abortions are teenagers. Abortion is flat out wrong and should be banned. Being that abortion is immoral no matter the circumstances, justifies the need for a law to make it illegal. Abortion has been taking place since the beginning of time. It was not called abortion back then. Pregnant women were abused which caused their children to be born prematurely. Their children were either killed or left to die (Abortioninfo). Today, this procedure is way more intentional and is decided on by the mother or as the fetus knows it; their home for the next nine months. Abortion has become so common these days, that there are various ways of terminating an unwanted pregnancy. The RU-486 pill is a type of drug that produces an abortion after the mother misses her first period (SilentScream). This pill causes the blockage of a useful hormonal nutrient that causes the fetus shrivel up and die. This pill is used when the fetus is about two to three weeks old (SilentScream). The fetus has a beating heart and brain waves that move rapidly. This drug has many side effects which can be lethal. These side effects consist of liver damage, kidney destruction, heart muscles co mpromise, pulmonary failure... ...ly members. Those choices are much better than killing an unwanted child and they wouldn’t lay to heavily on the mother’s conscience. There is a slightly good chance of abortion becoming illegal in the years to come. Our President, George Bush recently signed a ban on abortion and plans on taking it to court to make it illegal (Entous). This ban will cover partial-birth abortions. This type of abortion has been the subjects of many disputes and failed to make it to court. Many people were outraged and upset because it didn’t protect women’s rights. Who knows if abortion will ever become illegal? The way the world is going, it may never become illegal. Our values and morals have diminished and things may continue to worsen. As long as America has a strong president that stands up for what he believes in concerning the issue, we may one day see it happen.

History of Competition Law in India. Its an Emerging Area in the Field of Law

The establishment of British Rule in India left the Indian economy crippled. India served as a dumping ground for the machine made cloth and other factory goods from England and was reduced to a mere raw material supplying colony. After winning Independence against the political competition posed by the British Rulers for many years, India, post independence, started its era of fighting against economic competition, the only difference being that the threat which India faced was now not only restricted to the British rulers but to the whole world which considered India as a dream destination for celebrating the advantages of ‘Globalization and Liberalization’. Winning Independence gave way to the entrance of many big firms into the Indian market exploring opportunities in various trades and businesses. The condition of the Indian market was very weak and vulnerable to face the might of these foreign firms, because India at that time neither had the resources nor the skilled workforce to convert, if at all, such resources to compete with these foreign firms. The technological and scientific capabilities were poor, industrialization was limited and lopsided. Agricultural sector exhibited features of feudal and semi-feudal institutions, resulting into low productivity. In brief, poverty was rampant and unemployment was widespread, both making for low general standard of living. These were the socio-economic settings in which the founding fathers had to chart out a programme of nation-building. The Indian Government, although did not have the weapons to wage war against such fierce competition against the foreign firms but the Government did not fail to rule out the possible defences to resist the competition posed by the foreign firms to protect its own domestic market. The ‘Monopolies and Restrictive Trade Practices Act of 1969’ turned out to be the most sought after ‘Defence Mechanism’. The history of the Indian competitive legislation goes back to the Monopolies Enquiry Commission. In 1964, when the Indian democracy was in its nascent state – barely 17 years old – the Government of India appointed the Monopolies Enquiry Commission to enquire into the effect and extent of concentration of economic power in private hands and prevalence of monopolistic and restrictive trade practices in important economic activity other than agriculture. The commission submitted its report along with the Monopolies and Restrictive Trade Practices (MRTP) Bill, 1965 and on June 1st The Monopolies and Restrictive Trade Practices Act came into existence on 27th  December, 1969. The preamble to this enactment provided it to be  An Act to provide that the operation of the economic system does not result in the concentration of the economic power to the common detriment, for the control of monopolies, for the prohibition of monopolistic and restrictive trade practices and for matters connected therewith or incidental thereto. Therefore, in common parlance, the MRTP Act, 1969 aimed at preventing economic power concentration in a few hands, the intention behind this was to avoid damage, with the end result protecting consumer interest and the economic society at large. HISTORY OF THE MRTP ACT, 1969 Post independence, when the Constitution of India, that is, the Blanket-cover regulator, was being enacted and adopted, the most important Articles which provided for recognising the effect of the MRTP Act, and preventing and avoiding damage were Article 38 and Article 39 of the Constitution, which was adopted and enacted and came into effect on the 26th  day of November, 1949. Article 38 of the Constitution provides for the Directive Principles of State Policy which mandates upon States to secure a social order for the promotion and welfare of the people. This provision recognised the need to eliminate and minimise the inequalities in income, which applied not only to the individuals but also to the groups in different areas. However, the MRTP Act of 1969 owes its existence to the provision provided under Article 39(c) of the Constitution of India which provided that the States shall strive to secure  that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment. The preamble to the MRTP Act rests on this very provision of the Constitution of India. In the case of  State of Bihar  v. Kameshwar Singh  , the Court was of the opinion, that, a law aimed at doing away with the concentration of big blocks of land in the hands of a few individuals would sub-serve the directives laid down in sub-clauses (b) and (c) of Article 39 of the Constitution of India. Taking this judgment into perspective, the preamble to the MRTP Act, 1969 gets reinstated where the objective or the intention f the legislature behind enacting such an Act is to avoid damage by concentration of economic power in the hands of only a few and thereby causing damage. However, the MTRP Act was not a result of just the two provision of the Constitution of India. After enacting the aforementioned articles, the Government of India assumed the responsibility of overall development of the country. It was incidentally that the Government appointed the ‘Mahalanobis Committeeâ₠¬â„¢ on the Distribution of Income and Levels of Living in October 1960. The main task at hand for this Committee was identifying the pattern of work of large business houses under the ‘planned economy’ regime and whether there was any concentration of economic power. It was after this Committee that the Monopolies Inquiry Commission (MIC) was set-up in 1964 which reported that there was high concentration of economic power in over 85% of industries in India at that point in time. MONOPLIES INQUIRY COMMISSION (MIC) †¢ MIC appointed under Commission of Inquiry Act, 1952 †¢ Scope of inquiry – extent and effect of concentration of economic powers in private hands. TOR excluded agriculture sector and public sector †¢ MIC to suggest legislation and other measures to protect essential public interest and also suggest agency for enforcement of the legislation FINDINGS OF THE MIC †¢ Adverse social effects of economic concentration †¢ Government policies one of the main causes of economic concentration †¢ Managing agency system †¢ New technology – scale of production †¢ Birth of equity culture – increase in size †¢ War efforts of India †¢ Political largesse †¢ MIC used CR3 †¢ Studied 100 products †¢ 64 products were found having CR3 > 75% Infant milk food, biscuits, chocolates, tea, coffee †¢ Dhoti, saree, shirting †¢ Kerosene, coal, petroleum †¢ Lantern, stove, fan, lamp, radio, refrigerator, geyser †¢ Tooth-paste, razor, blade, cigarettes †¢ Vitamins, penicillin †¢ Cars, commercial vehicles, tyres †¢ Cement, sanitary-wares etc †¢ MIC distinguished between industry-wise concentration and country-wise concentration †¢ Large number of industries had either single supplier or one supplier having large share of market. †¢ Collusive behaviour in certain sectors †¢ Entry barrier created by private players Evidence of predatory pricing †¢ Many public sector enterprises enjoyed monopoly †¢ Many restrictive trade practices (RTP) prevalent †¢Hoarding †¢ Re-sale price maintenance †¢ Exclusive dealing †¢ Price fixing †¢ Boycott †¢ Price discrimination â€Å"Big business by its very ‘bigness’ sometimessucceed in keeping out competitors† RECOMMENDATIONS OF MIC †¢ Non-legislative recommendation †¢ Setting up public sector enterprises in sectors which have little competition †¢ Promoting SMEs and Cooperatives to challenge private monopolies †¢ Continuation of license system and import restrictions Proposed an autonomous Commission headed by a Judge to implement a new law. †¢ The proposed commission to have an investigating arm †¢ Punitive powers to the Commission †¢ Scope of merger control limited to merger involving a dominant enterprise (at least 1/3 of share in production/ supply/distribution) †¢ All proposals for expansion by dominant enterprises to be approved by the proposed Com mission †¢ IPRs to be under the purview of the proposed law. MRTP ACT †¢ Made some significant departures from the recommendations of MIC †¢ RTP prohibited MTP – Government can refer to MRTPC for inquiry and recommendation †¢ M & As – powers entirely with the Government †¢ Enterprises having Rs. 200 million in assets and dominant enterprises having Rs. 10 million in assets to seek prior approval of Central Government for expansion or setting up a new undertaking †¢ MRTPC had limited Civil Court powers – enforcing attendance of witness and calling for documents – these powers were not provided to the investigating agency †¢ Trial of offences in the domain of Courts SACHAR COMMISSION †¢ Set up in 1997 to consider the working of MRTP Act and recommend necessary changes. FINDINGS OF THE SACHAR COMMISSION †¢ Reviewed the working of MRTPC during the period 1970-77 †¢ Found that the actual role of MRTPC was limited and mostly advisory †¢ The Government had not made use of the expertise – few references to MRTPC for opinion RECOMMENDATIONS OF THE SACHAR COMMITTEE – I †¢ Definition of dominant enterprise to be changed –enterprises with ? arket share to be termed dominant †¢ Harmonization of definition of ‘goods’ in the MRTP Act with the Sale of Goods Act †¢ Inter-connected undertakings concept to be introduced to the MRTP Act †¢ Government Undertakings to be brought under purview of MRTPC †¢ Compulsory reference by the Central Government on MTPs to MRTPC †¢ All M&As to be referred for advise of MRTPC, if the Central Government so desires. †¢ Division of enterprises - MRTPC to pass final orders if the Central Government referred the matter to it. Certain Unfair Trade Practices (UTPs) like misleading advertisements to be inserted in the Law †¢ Power to compensate against injury †¢ Power to grant interim injunction †¢ Power of contempt †¢ Investigating arm to be provided more teeth by powers of conducting down raids and limited Civil Court powers 1984 AMENDMENT TO MRTP ACT †¢ Many deviations from the recommendations of the Sachar Committee †¢ Concept of deemed illegality to host of trade practices introduced †¢ Exclusionary behaviour, tie in sale, re-sale price maintenance, bid rigging, allocation of market, boycott predatory pricing etc. Registration of agreements by dominant enterprises made mandatory †¢ Mis-representation as well as misleading or disparaging advertisement included †¢ Provisions prohibiting UTPs introduced 1991 AMENDMENT TO THE MRTP ACT †¢ Provisions dealing with monopolistic en terprises seeking prior Government approval deleted †¢ Government Undertakings, Government Corporations and Government owned Companies brought under the purview of the MRTP Act by notification †¢ Granting of injunction without issue of notice to the effective parties PROVISIONS IN PRESENT MRTP ACT Has jurisdiction in RTP & UTP – 14 practices are deemed RTP, but there are gateways in S. 38 †¢ MTP if referred or suo moto, but can only recommend to Government †¢ M & A were deleted in 1991 †¢ Can grant temporary injunction †¢ Has powers of contempt †¢ For disobedience, MRTPC must complain to criminal court RAGHAVAN COMMITTEE †¢ A high level Committee on Competition Policy and Law set up in 1999. †¢ TOR inter-alia included recommending a suitable legislation framework which could either be a new law or appropriate amendments to the MRTP Act FINDINGS OF THE RAGHAVAN COMMITTEE †¢ Word â€Å"competition† used sparsely in the MRTP Act – only twice †¢ Absence of precise definition e. g. Cartels †¢ Inadequate to deal with implementation of the WTO Agreements †¢ No specific powers under the MRTP Act to deal with mergers †¢ Inadequate in dealing with anti-competitive practices as in other modern competition law †¢ Expedient to have a new Competition Law. Competition Commission of India: Duties Competition Act, 2002 notified in January, 2003 – Stated objective (as indicated in Preamble) is to establish the Commission to: †¢ Eliminate practices having adverse effect on competition; †¢ Promote and sustain competition Protect consumers’ interests †¢ Ensure freedom of trade carried on by other participants in markets in India [Section 18]Preamble of the Competition Act, 2002 States: â€Å"keeping in view the economic development of thecountry†, †¢ to prevent practices having appreciable adverse effect on competition; †¢ to promote and su stain competition in trade and industry: †¢ to protect the interest of consumers; †¢ to ensure freedom of trade carried on by the participants in markets in India; †¢ Objectives to be achieved through the establishment of the Competition Commission of India (CCI). The Competition Act, 2002 – new wine in a new bottle There is a significant contrast between the repealed MRTP Act and the Competition Act. The intent of the Competition Act is not to prevent the existence of a monopoly across the board. There is a realization in policy-making circles that in certain industries, the nature of their operations and economies of scale indeed dictate the creation of a monopoly in order to be able to operate and remain viable and profitable. This is in significant contrast to the philosophy which propelled the operation and application of the MRTP Act. The word monopoly is no longer taboo in corporate and political India. The Act declares that person and enterprise are prohibited from entering into a combination which causes or is likely to cause an â€Å"appreciable adverse effect† on competition within the relevant market in India. A system is provided under the Act wherein at the option of the person or enterprise proposing to enter into a combination may give notice to the CCI of such intention providing details of the combination. The Commission after due deliberation, would give its opinion on the proposed combination. However, entities not required to approach the Commission for this purpose are public financial institutions, FIIs, banks or venture capital funds which are contemplating share subscription, financing or acquisition pursuant to any specific stipulation I a loan agreement or investor agreement. The Act definitely is a new wine in a new bottle. The Competition (Amendment) Bill, 2006 The Competition (Amendment) Bill, 2006, contains provisions designed to address the Supreme Court’s concerns. It also proposes to make several other changes in sections of the Act dealing with anti-competitive practices. Some proposed amendments are quite sensible, while others (notably a modified leniency programme for firms that provide information about their participation in a cartel) have been inadequately thought out. The amendments designed to placate the Supreme Court will also have some negative consequences. Several weaknesses in the original Act remain unaddressed. Finally, the scarcity of the kind of economic expertise required to interpret the Act’s multifarious technical clauses also remains a matter of concern. Intensive capacity building and a re-assessment of the Act itself are urgently required. Conclusion The quality of governance of the state is being watched very closely by the citizens, investors and the international community. As more freedom is available to businesses to choose from various countries for investment, the competing governments are also conscious about the role of governance in attracting investment. Any perception that the environment is not conducive to competition and the state has been captured by a few big businesses certainly negatively affects the global investment decisions of firms. The same is also true of the situation within different provinces in a country as same considerations are used by the firms in making investment decisions while choosing locations for establishment of an industry. In a market structure where firms face weak competitive pressures and the profits and prices are predictable the firms have little or no incentive to use resources efficiently. Hence competition is accepted worldwide as the life blood of the market economy. It spurs innovation and higher productivity leading to accelerated economic growth; to the consumers it brings the benefit of lower prices, wider choices and better services. The effect of competition on price and accessibility is best illustrated with an example from Indian telecommunications. Tele-density in India has risen from mere 2. 32 in 1999 to 11. 32 in December 2005-07. Also there has been a dramatic fall in telecom tariffs from Rs. 6 per minute to Re. 1 per minute with increased competition in this sector. Similarly, consumers have benefited from competition in other sectors such as civil aviation, automobiles, newspapers and consumer electronics. The enactment of the Competition Act is a commendable step towards achieving the twin mantra of â€Å"open market economy† and â€Å"liberalization† in a mixed economic system. The need for reform in the legal system with regard to comp etition law has been rightly recognized by the legislative bodies in the country. However, the reforms have not been smooth or speedy which has resulted in a stagnation of the legal framework guiding the corporate sector. Further reforms need to be undertaken as fast as possible to ensure that the development of the nation does not take a backseat due to the pending legal reforms. Reforms must provide for good corporate governance, less of government controls and interference, protection of consumers and public interest, rewarding the merits and all to be achieved as soon as possible because world has also options available other than India.

Analysis Of Todays Consumerism Anthropology Essay

Everlasting consumerism has shaped the manner twenty-first century landscape looks like. It creates limitless demand of merchandises and shops in any possible infinite. Retail design is responsible to change over this possible infinite into a ‘consumerism infinite ‘ . It is where people encounter strong force to see and purchase merchandises. A perfect illustration to demo grounds exists in manner universe. There is strong indicant of tense competition happens between dressing industry to win the market. In relation to that, the shop has become one cardinal facet or instead a strong statement to make trade name consciousness among public. The inquiry arise is how, in a comparatively over-saturated market, a shop can be perchance designed to convey strong message to pull the ‘crowd of consumerism ‘ into the infinite.1.1. Consumerism TodayThe thought of consuming has changed over the past decennaries. Back to the early human civilisation period, most of the acti vities were needs-driven actions. Earlier, as huntsman gatherer, human hunted animate beings to be able to eat. Followed by agricultural period, agriculture and works cultivation were done to bring forth their nutrient. Consuming was a mere activity that must be done in order to last. In Industrial and technological age, the manner people consume things has changed. As more diverse merchandise being produced and diverse ways of distribution being invented, there are pleasure factors of devouring in signifier of picks. Peoples find excitement in taking what they want to devour. This leads to modern consumerism where the construct of consuming goes beyond the demands of endurance.1.2.Shopping as Modern ConsumerismShopping is the twenty-first century ‘s representation of human consumerism. Peoples find delectations surrounded by scope of different stores and trade names. To be able to take and compares is the high spot of modern life consumerism. In signifiers of choosing, purcha sing, and utilizing, shopping has catered these demands. Shopping can be seen as in a positive manner of carry throughing people ‘s demands and wants. But seemingly, it has developed so fast, in footings of activity, infinite, and merchandises. And over the past decennaries, it becomes major facet in human life. Museums, libraries, airdromes, infirmaries, and schools are going progressively identical from shopping. Their acceptance of retail for endurance has unleashed an tremendous moving ridge of commercial entrapment that has transformed museumgoers, research workers, travellers, patients, and pupils into clients ( Koolhaas cited in Luna, 2005, p.26 ) Shopping is arguably the most cosmopolitan activity today. The manner interior decorator design infinite has to follow this thought every bit good. Space has to be designed in such a manner to suit this, to enable people to shop anyplace, anytime.1.3.The Being of Fashion RetailFashion retail possibly is the best illustration to portray the modern consumerism. It shows how people thirstily choose what they wear under the limelight of diverse manner trade names. If the instance is taken to a higher degree, it demonstrates evidently how people determinations are led by pick alternatively of demands. High category manner trade names such as LMVH, Gucci, and Prada exist to function beyond people ‘s demand of vesture. They meet people ‘s desire for picks for scope of luxury merchandises.1.4.Fashion of SingaporeSingapore cityscape pictures clearly the being of international manner trade names. They, so, has become one strong attractive force point of Singapore for both local cos tumiers and tourers. Singapore is one of the chief competition spheres for these elephantine manner trade names in Asia. To be able to run into clients ‘ demand, every trade name has to come up with high-end design for its retail. Design and engineerings are optimized in its usage to hike the shopping experience that lead to trade name consciousness. All these things have to be done so that people will take certain trade name and non others. Orchard Road is a good illustration picturing the competition among these trade names. Interior design, facade intervention, show engineerings are being optimized to pull walkers along the route.2.Retail MetempsychosisPeoples find pleasances in taking what they want. Retail has two different attacks in response to the demand. First, they must be able to supply a scope of merchandises for clients to take. Second, the retail itself capable to competition. That means it is besides considered one of so many picks in the market. In this affair, the retail has to turn out to the market that it is deserving chosen. The trade name, the merchandises, and the shop has to work together to stand out and creates strong consciousness in the market place. Retail has to rebirth, go forthing old conservative manner of advancing trade names, and making fresh interaction between merchandises and clients.2.1.Brand ManifestationWith a strong competition in the manner market, a strong typical image of a trade name is required to make public consciousness. The instance is non lone competition among merchandises but besides continues to the environment where the merchandises being promoted. At this phase, a shop has become cardinal tool for the trade name to make its images. A flagship shop is designed to represents the individuality of the trade name so. For new clients, the shop become the first things that attracts them before they go farther down to the merchandises being offered or even before they see the window shows.2.1.1.Design for the Trade namesArchitecture and interior design are responsible to make environment to present merchandises to clients. Fashion retail, irrespective of manner, tendencies, or trade name individuality, should be able to make client consciousness and excite them to come and take it alternatively of other stores. This is the cardinal map of retail design before it goes down into a deeper and more specific case-based map. On higher degree, the designer or interior interior decorator must understand the nature of cloth and how single manner interior decorator, that is being represented, has their personal technique to handle it. This alone quality is the 1 that gives character to a trade name. The character, so, must be translated into the infinite in order to make strong statement of the trade name.2.1.2.Emphasizing Fictional characterIn order to be typical in an over-crowded market, a strong character of the trade name is required. This character is projected from the manner the trade name transport itself to the market. It consists of scope of merchandises and service being offered, and the environment of where the commercial activities take topographic point. Retail design has to be able to make the ambiance that span clients and merchandises. The shop acts as a bundle and shelter, literally and metaphorically, to the trade name. The character will merely be emphasized if there is integrity between the trade name, the merchandise, and the shop.2.1.3.Characterizing StructureA shop as a physical shelter might be more than plenty to envelope the commercial activity go oning under it. But in manner universe, it goes farther than functionality. More than merely a topographic point to expose the merchandise and supplying circulation for people to walk and shop the merchandise, the retail has to associate itself to the merchandise and the company doctrine. In other words, the shop has to set up relation, in signifier and intent, with the apparels. The physical constr uction, that provide commercial environment, has to intermix in with the apparels and make overall integrity. Merely by this manner, the client will see the bigger image of the trade name, and non loose pieces of the trade names. One ideal illustration of harmoniousness between trade name and shop is shown in Calvin Klein shop located in Avenue Montaigne, Paris. Its shop, designed by John Pawson in 2002, made a good illustration of how the character of the apparels -especially the early Calvin Klein ‘s work- has been translated into the retail infinite. ( Klein ) has said â€Å" It ‘s of import non to confound simpleness with uninteresting, † and executes his simplified, refined, sportswear-based forms in epicurean natural fibres, †¦( Stegemeyer, 2004, p.130 ) It is the thought of simpleness that is systematically conveyed through the trade name, merchandises, and shop. Straight lines and clear infinite sequences brings out the lucidity of the apparels, making a clean and elusive atmosphere of the shop. The coveted simpleness atmosphere is reinforced through impersonal coloring material that is achieved by stuffs and illuming installing.2.2.Design DifferentiationA character manifestation to a infinite is inevitability necessities to make strong trade name consciousness. However, irrespective of the trade name that is being represented, manner shop can be typical by itself. It is a 2nd measure after set uping strong representation of the trade name. This is about different attack from the experience side, researching the interaction between merchandises and clients in a conducive controlled environment. In other word, it redefines the manner people shop inside a shop, making a fresh shopping experience.2.2.1.New Fashion Stores FundamentalWi th Singapore landscape that has been over-crowded with shopping promenades and retail shops, the creative activity of retail shop should be more carefully considered. When the market is driven by consumerism, the rate of retail formation will go on to lift up. However, any retail creative activity should see avoiding similar add-on to the bing scene that might make impregnation to market. It is a scheme to hedge the similarity and, at the same clip, open up a opportunity to stand out in the market place. To turn to the issues, the shop must provide certain factors in its design attack in malice of the trade name it conveys.2.2.2.Flexible Frequent SpaceRetails should be able to update themselves often. It has to be able to accommodate to new merchandises, seasonality, and client tendencies. There is a high degree of experimentation in retail design. It relates to manner, and manner alterations invariably, is surprising and wants to make experiences ( de Wild, 2009, p.14 ) In progress degree, apart from the impermanent things, it has to alter in order to make different interaction between clients and merchandise in each brush. In other word it needs to switch, non merely in footings of layout, but in a bigger shop strategy. By using this construct, it is non merely the window shows that change every clip new merchandises are launched, but the whole shop represent the show that able to alter wholly. The thought can be achieved by using modular system for the furniture, puting digital multimedia interface, utilizing less heavy fixed show furniture, and put ining replaceable illuming systems.2.2.3.Centre of Social ActivitiesThe new construct of retail shop is non simply about providing commercial activities -selling, advertisement, and purchasing. It is to integrate retail infinite and communal infinite to be a societal meeting point. With the planetary tendency of denationalization, I think we are most interested in the thought of shopping as a new sort of public infinite. How can we enrich these experiences? Can we convey new content, information, thoughts and ocular experiences to shopping in a thoughtful and dynamic manner? ( Seller, 2009, p. 23 ) The thought is to ease people do many other animating activities in their shopping clip. This thought can be done by open-space construct shop, creative activity of different communal infinites inside the shop, and even distribution between merchandise show and cosmetic points -plants, resting furniture, etc. The ideal integrating of societal infinite and commercial infinite is when people are able to rest and relief without any force per unit area to purchase while they are unconsciously take pleasance in the merchandises and tempted to purchase.2.2.4.Cultural RelevanceLocal relevance is of import to do a shop appears hospitable. Establishing relation with the local civilization is important to associate the planetary trade name to smaller local market. Selling merchandises is non about pelting possible clients with the planetary merchandises. Alternatively, it has to be relevant to the context and understand local clients. This can be manifested through adaptative re-use of local l andmark as retail infinite, redevelopment of historical aged edifice, and design merger between trade name character and local civilization. The new construct shop is about being able to unite the attraction of the trade name with local gustatory sensation to make strong invitation and besides sense of belonging to clients. The design attack mentioned above can be applied into a shop regardless of trade names and merchandises. The intent is to make new manner of shopping. Back to the statement before where people find satisfaction to be able to take, it is how the choosing activity can be more valuable and rich in experience. When this attack merged with the trade name character, it becomes a holistic bundle that convey strongly to the market place. The mission is accomplished when people find delight in choosing and be able to trustingly take the trade name.3. DecisionThe consumerism-driven market will do people enthusiastically choose the merchandises they want. With an over-saturated market in Singapore, an unconventional design is required to for a manner retail to be typical and therefore, win the market. First, the shop has to attest the trade name that it represents. The shop design must convey the trade name and merchandises philosophy to make holistic image and strong trade name consciousness. Second, in footings experience, it must make refreshing and enriching manner of shopping. In effort to accomplish the experience, shop demands to be designed with consideration of three attacks ( flexible frequent infinite, centre of societal activities, and cultural relevancy ) . The new retail shop requires changeless altering in order to supply up to day of the month shopping experience for clients. A shop has to be a societal assembly more than a commercial topographic point, supplying a placid customer-oriented ambiance. Additionally, it is necessary for a shop to hold a connexion with local context and make a sense of belonging in clients mind.BibliographyAntonini, Alessandra. 2008.Design Boutiques. Barcelona: LinkssDesign Council, 2009.Retail Design. [ Online ] ( Updated 26 Oct 2008 )Available at: hypertext transfer protocol: //www.designcouncil.org.uk/About-Design/Design-Disciplines/Retail-Design/ [ Accessed 17 January 2010 ]de Wild, Femke. 2009. Retail Future.FRAME. Issue 69, Jul/Aug, p.14.EnterpriseOne, 2009.Recent Retail Trends & A ; Future Developments. [ Online ] ( Updated 01 Jan 2010 )Available at: hypertext transfer protocol: //www.business.gov.sg/EN/Industries/Retail/StatisticsNTrends/FactsFiguresNTrends/retail_overview_trends.htm [ Accessed 12 January 2010 ]Harvard Design School. 2001.The Harvard Design School Guide to Shoping. Cambridge: TaschenPawson, John.Calvin Klein Store Paris[ Photographs ] [ Online ]Available at: hypertext transfer protocol: //www.johnpawson.com/architecture/stores/calvinklein/paris [ Accessed 5 April 2010 ]Luna, Ian. 2005.Retail. Architecture + Shoping. New York: RizzoliManuelli, Sara. 2006.Design for Shoping. London: Laurence KingMostaedi, Arian. 2004.Cool Shops. Singapore: Page OnePawley, Martin. 2000. Fashion + Architecture. London: Wiley-AcademyRiewoldt, Otto. 2000.Retail Design.London: Page One2002. Brandscaping. Berlin: BirkhauserSellers, Susan. 2009. 2Ãâ€"4, Inc on interview with Idn.Idn vol 15 figure 6,pp.22-23.Singapore Department of Statistic. 2009. Yearbook of Statistics Singapore.Statisticss Singapore[ Internet ] ( Updated 13 Aug 2009 )Available at:www.singstat.gov.sg/pubn/reference/yos09/yos2009.pdf [ Accessed 10 January 2010 ] .Stegemeyer, Anne. 2004.Who ‘s Who in Fashion. New York: Fairchild Publication.

To be Alone (Of Mice And Men) essays

To be Alone (Of Mice And Men) essays John Steinbecks Of Mice and Men paints a grim picture of human tendencies. The greatest downfall of human nature is the way in which people seek to harm others to make themselves feel stronger. This novel touches on various social minorities and the manner in which each is dealt with by the superior classes. The portrayal of women of the 1930s in Steinbecks novel is less than flattering. They are the root of all evil, intentionally leading to the downfall of man. In a time where women just received the vote not a decade before, it is obvious that a females role was not a prominent one in any setting. The only significant female of the story, Curleys wife, is initially portrayed as the temptress, prowling around the ranch looking for trouble in the form of a susceptible man. But as the story goes on, she becomes increasingly complex, and some motives to her madness are revealed. She got the eye. This is the first reference to Curley s wife, given by the old man, Candy. His bias as an older gentleman, who grew up in the mid 19th century could have something to do with his opinion. Women during his era, projected chastity and innocence. Curleys wife seems anything but chaste and innocent. Upon meeting George and Lennie for the first time, she flirts shamelessly and her bold disposition is evident. She put her hands behind her back and leaned against the door frame so that her body was thrown forward. Everything implies that she is unfaithful and unashamed. Her exchange with Lennie reveals why. In her first and last personal conversation shared with the readers, she discloses that she married Curley out of convenience and doesn t even like him. It was an opportunity to escape the authority of her mother, but instead led to another confining relationship. Her relations with other people are just one of her many downfalls. Another co...