Business Law Case Study Example | Topics and Well Written Essays - 1250 words

Business Law - Case Study Example 2). On the other hand, the Clayton Antitrust Act, another antitrust law of the United States of America, prohibits "exclusive dealings", "mergers or acquisition" if these acts substantially lessen competition (15 U.S.C., secs. 14 and 18). The US antitrust law refers to the body of laws that make illegal or unlawful certain business practices deemed to hurt businesses or consumers, or both, or violate business ethics. These include anti-competitive behaviors such as monopoly, restraint of trade and commerce, and unfair business practices like exclusive dealings, mergers, and acquisition and other practices that lessen business competition or harm the economy. In order to determine whether a corporate action or conduct is anti-competitive and thus prohibited by the antitrust law, two methods can be applied: the per se rule and the rule of reason. Under the per se rule which was utilized in the Sherman Antitrust Act, a corporate conduct is anti-competitive if is overwhelmingly harmful to the business or to the economy like horizontal price fixing or territorial division agreement. It does not require further evidences since it is evident on the face of the agreement itself. The rule of reason on the other hand, utilized in the Clayton Antitrust Act, requires the plaintiff to prove that the agreement caused economic harm in addition to proving that the defendant acted as charged. Merger is most likely the type of transaction that Awesea will offer in the case at hand. A merger is considered when both CEO's agree that joining together is in the best interest of the companies, as in the increase of sales but cutting the cost of operational expenses. The law on merger in relation to antitrust law is governed under section 7 of the Clayton Antitrust Act. It was further strengthened by the Celler-Kefauver Amendments of 1950 and the various merger guidelines issued by the US Department of Justice. Said laws modified the Sherman Antitrust Act where a mere merger is a violation of the antitrust law as a method of promoting monopoly (Sec. 1). At present, any challenges in the legality of mergers are decided using the rule of reason, that is, the plaintiff can only prevail upon proving to the court that the defendants are doing something which can bring substantial economic harm. The Clayton Act also allows the Federal Trade Commission and the Department of Justice to regulate all mergers and gives the government discretion whether to approve a merger or not. Another law, the Hart-Scott-Rodino Antitrust Improvement Act, provides in summary that before a certain merger can close, both parties must file a "Notification and Report Form" with the FTC and the Assistant Attorney General in-charge of the Antitrust Division of the Department of Justice so that the regulatory bodies can assess whether the proposed transactions violate the antitrust law of the US. Applying the rule of reason under the Clayton Act, when a company merges or acquired another company in order to promote its product in a certain country or to increase it sales, said transaction lessens competition, thus violates the antitrust law. The said fact is supported by various decided cases by the US Supreme Court which still are in effect today. One case is US v. Falstaff Brewing Copr., et. al., 410 U.S.

RELATIONSHIP VS. CULTURE Movie Review Example | Topics and Well Written Essays - 750 words

RELATIONSHIP VS. CULTURE - Movie Review Example Ancient culture, as such, is something that tends to be valued more by older generations, which typically have more reverence for the history of the family’s culture. Food offers the chance for that kind of cross-generational interaction. As Indira Ganesan describes in â€Å"Food and the Immigrant†, modern teenagers and the sons of first-generation immigrants lack that awareness of the value of food in the cultural relationship between generations. She says, â€Å"I too resolved to eat plastic, avoid the eccentricities of ethnic cuisine† (172). These â€Å"eccentricities† are often a reason, however, for younger generations to avoid this cultural process of transference. With respect to the cultural artifacts and rituals passed down, there are often unwritten recipes in food preparation that have an unknown history. These recipes connect younger generations with generations long past, and they are tied to the cultural history of the family. For instance, s ome foods that we would traditionally describe as â€Å"Italian† or â€Å"Thai† are tied to the ethnic and cultural heritage of the family and to the extent that they are passed down verbally, so too does the culture continue through the ages. In my family, for instance, recipes call for ingredients that come directly from my family’s homeland. ... meaningful because it challenges people to think about the reasons for their commitment to their ancient culture: is it because of the precepts that are represented by that culture, or the personal meaning one derives from one’s relationships to their elders and ancestors? I believe that in order for an ancient culture to be transmitted between generations, recipients of culture must both believe in the principles and values, and respect those who are transmitting the principles and values. Without both of those elements, there is no hope for younger generations to accept the meaningfulness of culture. 3. â€Å"Do you believe that black and white are two fundamentally different race categories, or that black and white is simply two ends of the same spectrum, with many things in common?† This question attempts to get at the heart of race perceptions and is particularly relevant when it comes to multiracial individuals. For instance, if the child of a white mother and a b lack father sees black and white as two different race categories, then he will likely see himself as a contradiction and perhaps his self-esteem will lessen. If that child were to see black and white as a spectrum of races, then perhaps that child will see himself as having access to both cultures. And, as such, this is a more productive perception of race. 4. I believe that it is beneficial to have broader access to traditional values and beliefs. In my experience, the child of an interracial couple will be prouder and more respectful of their minority cultural heritage just because, in the context of a white-majority culture like in the United States, a minority cultural heritage is more special. So, even though the child focuses on that special cultural heritage, there is still a level of access

Applied research methods Research Proposal Example | Topics and Well Written Essays - 3750 words

Applied methods - Research Proposal Example Perhaps most importantly in this era of transition, leaders themselves must understand that their real legacy will not be the past performance of their financial services organisation, but its sustainable success. Helping leaders learn how to get results by being boundary-less thinkers, network builders, diplomats, and interpreters is a first step in meeting this challenge. Holding them accountable for getting results today and developing next-generation leaders for tomorrow is the quantum leap. The intention of this research proposal is to analyse and evaluate the managerial effectiveness of 'the management', and the perception of leadership and culture within Pembroke Consulting (PC) and the impact on employees and the organisation. Furthermore, it will be argued that the human relations management concept that entails the participation and involvement of all hierarchical levels has not been operative within PC. By examining the Company Background, it will be seen that both management and rank-and-file staff have difficulty coping with and adjusting to the series of transitions that have taken place in their organisation that contributed to its "stalemate" status. It is also shown how financial growth does not correspondingly translate into real development for an organisation or for the growth of the most important resource of any business group, - people. Various research methods will be used to determine perceptions, effectiveness and culture, and a 'way forward' will be proposed in the subsequent dissertation. Since downsizing and restructuring are often just euphemisms for wholesale layoffs, this is a prospect that most Asian financial services organisations and workers have a culturally determined difficulty taking seriously. Sometimes it seems as if some Japanese and Korean financial services organisations would rather close their doors altogether than carry out significant personnel cuts. That's how strong the sense of group identity is in the East. Company Background Pembroke Consulting is a financial services company providing access to financial markets, principally, futures and options, through electronic and other means. It is financial advisors, accountants and general insurance specialists and based in Weybridge, Surrey, UK. Since its inception, the company has undergone tremendous growth both organically and through acquisition, however, it was not, until recently, that the company became an active market-player. Three major company mergers brought about this evolution over the last eight years. Because of which, various aspects of the company including its work volume, staffing and market position all increased exponentially. The mergers contributed predominantly to a great success in terms of the bottom-line but operationally speaking, the outcome has been a disappointing failure. The organisation failed initially to integrate the significant changes brought about by the first two mergers until the last tree years. This was the latest i n a chain of events in the history of Pembroke Consulting

Time Management in College Education Essay Example | Topics and Well Written Essays - 1750 words

Time Management in College Education - Essay Example Proper time management in college may involve future planning, monitoring the allocation of available time, goal setting, and prioritizing tasks. Numerous tools, skills, and techniques will help the students to accomplish their goals and tasks within the set deadlines. Such methods may include goal setting, prioritizing tasks, monitoring the academic pursuit, creating a list, organizing a work schedule, and limiting procrastination. Through effective time management, college students will enjoy certain benefits that may include good performance, establishing a conducive learning environment, and focusing on priorities. Indeed, since there are numerous non-curricular commitments that limit the available study time, traditional students should embrace time management in their academic pursuit to ensure that they maximize the available study time. Indeed, the research paper will focus on the significance and direct association between time management and the provision of a college educa tion to first year traditional students.Ahmad, F. (2009). Time Management in Higher Education. Education, Business, and Society:The author in this peer review studies time management in higher education with reference to the credit hour system. In this context, the author explores in-class teaching time and course scheduling in Jordan's universities as seen in Jordan's higher educational system. Moreover, the author relates to time management with effectiveness and increased academic performance and productivity.

Reading Assignment Essay Example | Topics and Well Written Essays - 500 words

Reading Assignment - Essay Example The case of California Marinas illustrates that global warming has other ill effects to the environment and that it has economic consequence not only in terms of loss of lives and properties but also on the income foregone when it ruins the basis of basis which in this case, drying waters in the Marina dock which turns potential customers away. Drying the waters due to dry spell also has other consequences that harm business. It also threatens our food security such as in the case of Castro Valley in California where the agriculture sector also suffered from the dry spell. Time will come that if we will not change our ways to begin taking care of our environment, storms will not only become stronger but will also ruin our business and destroy our crops that we will no longer have source of income nor food to eat. Since the inception of the Drought Monitor in 2000, the entire state of California has recently experienced the three worst stages of drought. This level of drought is the highest stage affecting entire state California. It used to be unthinkable but it is happening now. Unlike in Castro Valley where the drought dried up the waters of its Marina dock turning customers away and in some areas harming its agriculture, the experience of San Diego and San Clemente are more deadly. These areas experienced seven wildfires where raze of fire was so huge that their smoke plumes can be seen by satellite and radar. These wild fires are caused by hot, dry conditions where the dry vegetation acts like a fuel for the fires. Coupled with gusty winds, these wildfires can spread the fire to other areas that could kill people and destroy properties. The destructive effective of global warming are taking its toll in many unusual ways. It no longer manifests in terms of storms and hurricanes, but also in rising seas. In many areas, it causes long droughts that cause water basins to dry up harming people’s livelihood. It also threatens our food security

Internal Controls Essay Example | Topics and Well Written Essays - 250 words

Internal Controls - Essay Example The accounting function should be given to an individual who does not have the custody of the collections (Meigs & Meigs, 1993). There is a possibility of the head usher and the record keeper working together to under-report the collections made, with a sharing of the pocketed amounts. They can work together to undermine the system. If the head usher were to count the collection in front of the other ushers, it could serve as a counter-verification of the collections. But here again there is a possibility of the head usher working together with the other ushers to pocket some money. In fact the Rector of the Church should be present when the ushers gather together, give their separate collections to the head usher and then the total money is put together and counted. The installation of a surveillance camera in the basement room in secret, and another on the way down at a strategic point should be accomplished without anyone’s knowledge except for the Rector of the Church. Ano ther loophole is available because the Church asks all check contributors to make their checks payable to Cash. This amounts to giving a chance to anyone who pockets a check to cash the money without being detected.

The United States economic Essay Example for Free

The United States economic Essay In trying to rescue the United States economic financial system there is a possibility of the economy to be affect by massive hangovers from the effort of the government to prevent the accumulation of debt. The government instead has found a swift way of stimulating the economy through the financial bailout. The government wishes to take a mountain of accumulated debts due to bad loans caused by financial institution as a result of subprime mortgage lending. The debt is worth $700 billion of money. To have this debt clear under the bailout bill so that the economy can be stimulated to grow, the united government had no other option other than borrowing. For the borrowing to be successful, it had be done when the there is soaring of the federal budget deficit. The deficit for the year 2008 was expected to increase by $407 billion which was double the imbalance for year 2007 worth $161. 5 which indicated a slowdown in the economy. However, as from 2008 up to now, $168 billion programs of economic stimulus are already doing in the books of government. The passed congress legislation gave authority to have the Fannie and Freddie be rescued which resulted into the boosting of national debt. The legislation the administration late authorized the bailout financial system (Bernanke, 2008, 1). The implementation of the financial bailout as an economic stimulus has caused a lot of concern on what long term affects it poses to the United States economy. The issue here is, as the government is borrowing to offset the already existing debt, the debt instead is expanding from time to time. To pay the national debt interest the government is spending not less that $400 billion each year. As the debt increases, the cost of government borrowing also goes up and therefore leading to some of the indented programs in settling that existing debt to be awarded less money. Due to financial crises of the year 2008 the Federal Open Market Committee (FOMC) has eased the stance of the monetary policy. The FOMC has consistently relaxed the monetary policy which has stabilized the prices giving hopes to increase of economic slack and flattering-out of the energy prices. FOMC after the implementation of the monetary policy anticipates the economic strengthening over this quarter as the previous lagged monetary policy action effects, amid improvement of the conditions of financial market has starts to provide extra spending and stabilization of the housing activities. Despite the implementation of the monetary policy in the year 2007 and up to the early 2008 the economic growth slowed sharply. In 2007 the restrain on activities concentrated on the housing sector, where as in year 2008 the other sectors of economy began to experience this. The prices of commodities have remained high for the whole year causing consumer price inflation (Bernanke, 2008, 23). The demand on houses, construction of residential home and prices of homes have fallen sharply in the year 2008. In the first few months of 2008 the delinquency rate continued to go down across all mortgage loans. New subprime mortgage loans has been highly unavailable for that year making the borrowers to experience high risk of credit which had to go for the guarantee programs offered by the government. Due to this, the Federal Reserve with the other stakeholders is now committed to come up with a solution that will prevent the foreclosure of the houses. The Federal Reserve is committed to offer an environment that gives support to goals of the homeownership of giving loans to borrowers who are creditworthy with ideal protection of the consumer and responsible practices of lending. On the issue of consumer spending has been going down for the whole of 2008 which is an indication of restrained influence. The real labor income growth rate has gone down ass the prices of energy and food, and conditions of labor market continue to weaken. This has affected the consumer purchasing power. In addition to this, it has been difficult for consumers to borrow as the standards and the terms have been tightened. This has led to deterioration of the quality of the overall credit of consumer loans (Bernanke, 2008, 30). On the side of business sector, the financial and economic conditions that influence spending of capital have appreciably deteriorated. During the months of 2008 the real outlay for business software and equipments were flat. The inventories have decreases irrespective of sluggish final sales making the firms to act promptly to prevent the imbalances of inventory from arising. The United States corporate profit during the same time was very low. The weakening of corporate profit and tight conditions of credit has resulted to slow down of business investment. Loans of Commercial and Industrial at banks in the firs months of 2008 briskly expanded. In the same period the quality of credit in nonfinancial corporations remained solid. As a result of this banks tightened the standards of credit on commercial loans of real estates. To conclude, the economic stimulus act is approximated to result to rebates worth $115 billion which will be sent to the households by the end of 2009 (Bernanke, 2008, 35). Work cited Bernanke Ben. Monetary Policy Report to the Congress. Washington, D. C. , July 15, 2008, pp. 1-42