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Online AntiTrust Issues
Antitrust law is a United States legal code that helps to maintain market competition by regulating anti-competition actions by organizations. The Sherman Act of 1890 was one of the first attempts to restrict large companies who fixed price, output and then manipulated demand to maximize their products. Standard Oil was one of the prime early examples of a company that controlled markets to the point that the government felt was detrimental to the entry of other competitors (Bork, 1993). In our current example, companies like Facebook and Google are being investigated, similar to Microsoft and AT&T, for controlling the Internet search process and/or network effects. This does not stop with Facebook and Google, but moves into many of the giant e-tailers (Amazon, EBay, etc.) that often use predatory or collusive practices to force customers into either advertising on their site, pricing to their scale, or in the…
Is Microsoft a Monopoly? If so, why does it matter? (2009). Thisnation.com. Retrieved from:
Monopoly. (January 20, 2005). The Linux Project. Retrieved from:
Antitrust Laws: Apple's Case
Competition is a vital element of any vibrant marketplace. Thanks to competition, both businesses and individuals get to benefit from lower prices, increased product variety, higher-quality commodities, and greater innovation. Antitrust laws are meant to ensure that consumers are protected from unfair business practices and anticompetitive mergers, and that consequently, effective levels of competition are created and sustained in the economy.
Antitrust laws differ from country to country and, at times, from jurisdiction to jurisdiction. In the U.S., antitrust laws include the Sherman Act of 1890 and the Federal Trade Commission and Clayton Acts, both of 1914 (FTC, 2014). The Sherman Act, whose violation is punishable by criminal law, outlaws any attempts to monopolize a market or restrain trade through rig bids, divide markets, or price fixation (FTC, 2014). The Federal Trade Commission Act, on the other hand, illegalizes any '"unfair methods of competition' and 'unfair…
Carmody, T. (2012). DOJ Files Antitrust Suit against Apple and Five Publishers over E-Book Pricing. Wired. Retrieved 1 March 2014 from http://www.wired.com/2012/04/doj-files-antitrust-suit-against-apple-and-five-publishers/
Catan, T., Trachtenberg, J. & Bray, C. (2012). U.S. Alleges E-Book Scheme. The Wall Street Journal. Retrieved 1 April 2014 from http://online.wsj.com/news/articles/SB10001424052702304444604577337573054615152
FTC. (2014). The Antitrust Laws. Federal Trade Commission. Retrieved 1 March 2014 from http://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws
Herther, N. (2013). Apple Gambles on Winning E-Book Antitrust Suit. Information Today. Retrieved 1 April 2014 from http://newsbreaks.infotoday.com/NewsBreaks/Apple-Gambles-on-Winning-Ebook-Antitrust-Suit-90274.asp
(discuss them and then choose one that would possibly work)
One possible solution for this anti-trust problem, which is currently proposed by authorities, is that Microsoft should allow its competitors to access its information database. In this way, the competition could build new applications that are compatible with the Microsoft operating systems - Windows so would not be affected by the Microsoft strategy to develop an integral and connected line of products. Another solution could be the individual taxation of Microsoft due to its market power. In this case, the taxes that could be as high as 0% from the total profits and would unfairly tax the advantage taken in time by Microsoft. The money for this tax could be otherwise used by Microsoft for development plans, or why not for resolving social aspects - the poverty reduction of third world countries.
Another answer proposed by analysts in this case…
1) Lemos, Robert. CNET News, 2003-06-10. Retrieved on 2007- 02-05
2) Mace, Michael. www.pa.msu.eduarchived from apple.com, February 9, 1995
3) Rebello, Kathy. www.businessweek.comBusiness Week, 1997-06-15. Retrieved on 2007- 02-05
Antitrust Practices and Market Power: Google Antitrust Behavior
Economic theory expresses that competition contributes substantially to the efficient operations of markets, and hence to the improvement of a nation's wealth status. Antitrust laws seek to foster competition in the marketplace and to consequently ensure that the welfare of consumers is maximized through the provision of low-priced high-quality products. This the laws do by preventing the emergence of cartels and monopolies, which impede on competition by creating barriers to entry, with the help of which they are able to obtain market power and consequently drive market prices to favor them. Although monopolies may result from either government action or natural reasons, in which case they are referred to as government and natural monopolies respectively, most monopolies are formed through exclusivity contract arrangements, mergers, acquisitions, and collusion. Antitrust laws work at limiting these.
The Costs of Antitrust Behavior
A number of companies…
Antitrust Laws. (2014). Antitrust Law Examples: Are they Helpful to the Free Marketplace? Antitrust.org. Retrieved 19 March 2014 from http://www.antitrustlaws.org/Antitrust-Law-Examples.html
Marrs, M. (2012). 30 Facts about the Google Antitrust Case. The Word Stream Blog. Retrieved 19 March 2014 from http://www.wordstream.com/blog/ws/2012/12/06/google-antitrust-case
Marrs, M. (2012). 30 Facts about the Google Antitrust Case. The Word stream Blog. Retrieved 19 March 2014 from
I don't have the proper bibliographical info for the book chapters. I noted the number from the two PDFs of the book where appropriate. You might wish to add the proper info and change the notes to fit.
MAKET CONDITIONS in the U.S.: It would seem highly unlikely that this information alone would be sufficient to bring an antitrust action. Prudent and even gutsy or aggressive business people might well seek such information to generate a competitive advantage with little intention toward manipulating the market (Fried Frank, 2002). Even if it does lean toward some expected restraint of trade (Sherman Act), what is occurring at this point clearly passes the reasonableness test. Talking of such issues is not collusive price fixing and suggests no conscious parallelism, for example, which might indicate that their association is for inappropriate purposes (pg. 468).
DETAILS of INDIVIDUAL SALES: In this instance the burden…
Bern, R. (1995). A Biblical Model for Analysis of Issues of Law and Public Policy: With illustrative applications to contracts, antitrust, remedies and public policy issues. Regent University Law Review, Vol. 6. 103-196.
Elzinga, F. (n.d.). CASE 9: Collusive Predation: Matsushita v. Zenith (1986). Viewable at www.oup.com/us/pdf/kwoka/0195120159_09.pdf.
Fried Frank (2002). Firm Hit with $1 Billion Antitrust Verdict for Aggressive Marketing Practices. Fried Frank Antitrust and Competition Law Alert. Viewable at www.ffhsj.com/practice_groups/antitrust.htm.
FTC (2007). International Aspects of Antitrust Enforcement. Prepared Remarks of Commissioner Roscoe B. Starek, III. Viewable at http://www.ftc.gov/speeches/starek/starekda.shtm .
Otherwise, employers need no specific reason or excuse to terminate at will employment "at will." Even at will employees probably have legal recourse if fired for refusing to obey a law, but in this case, the "urging" did not have legal authority, so the issue is moot.
3. The Sherman Antitrust Act and the Clayton prohibit such "tying" arrangements where the entity maintains extensive control of product supply. Federal antitrust laws are administrated by the Department of Justice and the Federal Trade Commission 4. The Equal Protection Clause (applied to the states through the Due Process Clause) prohibit such a firing of employees based on their religious affiliation or their specific religious practices. But refusal to comply with perfectly legal directives of the employer is not religious discrimination; it is dismissal for cause.
Independent dealers must sign a contract that sets forth the manner in which they will operate their rental centers. Often a small business owner will supplement their income be adding U-Hauls to their market mix. Independent contractors earn a commission on their sales.
Each division of AMERCO has it own president. All of them must report to a Board of Directors. The Chairman of the Board and overall President is Edward Shoen, descendent of the original founders of the company. Many members of the Shoen family still control much of the company (Google Finance). Little information is available about the company, aside from their financial statements. Although they have a Board of Directors, the company continues to operate as a family-style operation, with the family members occupying many positions in upper management. The company structure is simple and little is available beyond basic information.
Purchasing Contract Analysis and the UCC…
Ceh v. UHaul International, Inc., 11th district court of appeals, No. 04-10031.
A www.ca11.uscourts.gov/opinions/ops/200410671.pdf. Accessed January 22.
Company News; U-Haul's Parent Seeks Bankruptcy Protection." June 21, 2003. New
York Times. http://query.nytimes.com/gst/fullpage.html?res=9800EFDF173BF932A15755C0A9659C8B63 . Accessed January 23, 2007.
Of course, in recent years, this power has been diluted somewhat thanks to the rise of collective bargaining. Nonetheless, the fact that for so many years baseball has been characterized as a game rather than interstate commerce worked to the benefit of the industry as a whole.
If the exemption were repealed, apparently only possible through act of Congress, players and teams could sue the league if their movements were restricted and limitations placed on their ability to conduct business for themselves (Rovell). MLB could still manage how teams and players moved, but the repeal of the exemption would eliminate their absolute control over these movements. Obviously, this would have a significant impact on the baseball industry, but would not be necessarily devastating. Other sports have persisted despite not having antitrust exemptions, so there is little reason to expect that baseball couldn't adapt as well.
Belth, Alex. "Ending…
Belth, Alex. "Ending Baseball's Antitrust Exemption." Baseball Prospectus. 26 Nov. 2001. 15 July 2008 http://instruct1.cit.cornell.edu/Courses/econ352jpw/readme/Baseball%20Prospectus%20-%20Ending%20Baseball%27s%20Antitrust%20Exemption.htm .
Greenberg, David. "Baseball's Con Game." Slate. 19 July 2002. 15 July 2008 http://www.slate.com/id/2068290/ .
Morrissey, Mo. "Baseball Labor Relations: Anti-Trust Exemptions & the Reserve Clause." Associated Content. 19 Oct. 2007. 15 July 2008 http://www.associatedcontent.com/article/421296/baseball_labor_relations_antitrust.html .
Rovell, Darren. "Baseball's Antitrust Exemption: Q & a." ESPN: Baseball. 6 Dec. 2007. 15 July 2008 http://espn.go.com/mlb/s/2001/1205/1290707.html .
Corporation Transactions and Misrepresentation of Financial eports
Business law also called commercial law is a branch of civil law that governs business as well as, commercial transactions, and deals with both the private and public law. The branch created to ensure that, they are no exploitation and manipulation of people as well as rules and regulation in order to benefit some members of a business. This means that should one break or manipulate the rules and regulation in his favor. The or she must face the court in accordance with the law. With legal rights of all investors considered as an important element of the business law, we examine the board changes within the filling of the shareholder derivative lawsuits and might not be frivolous. Also, lack of highly competent employees within a business can lead to tremendous losses and to some extent closure of the business in accordance with…
Arlen, J. (1994). The Potentially Perverse Effects of Corporate Criminal Liability, the Journal of Legal Studies 23 (June), 833.
Becker, G.S. (1968). "Crime and Punishment: An Economic Approach." Journal of Political Economy 76 (March/April), 169-217.
Zingales, L. (2004). The Costs and Benefits of Financial Market Regulation, European Corporate Governance Institute working paper 21/2004
After an eleven year investigation against Microsoft claiming it was trying to monopolize the web, the company finally settled with the Justice Department. Even though Microsoft was required to implement changes, the company maintains its dominance and has grown larger while being responsibly and adhering to the antitrust laws.
The Potential U.S. Case Against Google
An antitrust suit was filed against Google this year claiming the search giant is violating the antitrust laws. The Justice department has been looking at Google for some time now. In the fall of 2007, while Google was prepared to commit to a search ad deal with Yahoo, the justice department was planning to file suit if the deal hadn't fallen through with Yahoo.
Google is now becoming everyone's favorite antitrust target, rapidly replacing Microsoft. In February of this year a company called TradeComet.com, which operates a business-focused search service called SourceTool.com, filed an antitrust…
Carr, Nicholas. "Understanding Google." 27 Nov 2007. Rough Type. 1 June 2009 .
Hof, Rob. "Antitrust Suit Filed Against Google." 17 Feb 2009. BusinessWeek. 2 June 2009 .
McCollum, Jordan. "Antitrust Suit Filed Against Google." 19 Feb 2009 . Marketing Pilgrim . 2 June 2009 .
Page, Larry. "Corporate Information." n.d. Google. 1 June 2009 .
Business Law (predators
Businesses often engage in predatory practices to deter their competitors from entering their market niches or send their competitors out of business. Certain business ventures usually reduce their prices to destroy their rivals or worse still discourage new entry into the market. This happens regardless of the existence of the Sherman Act that was enacted to prohibit this predatory practice. The Sherman Act has largely been considered vague because of its inability to reign in firms that engage in predatory pricing vice (Areeda & Turner, 1975). Business ventures that engage in predatory pricing tend to draw a very vague line between legitimately competitive prices and prices that are utterly predatory. Businesses that engage in predatory pricing normally price their products below appropriate measure of cost with an intention of driving their financially weaker competitors out of business and establishing monopoly power. Courts have failed to address the…
Areeda, P. & Turner, D.F. (1975). Predatory Pricing and Related Practices under Section 2 of the Sherman Act. Harvard Law Review, 88(4), 697-733.
Bowdler, J. (2005). Jeopardizing Hispanic Homeownership: Predatory Practices in the Homebuying Market. National Council of La Raza, 15, 1-20.
Oster, C.V. & Strong, J.S. (2001). Predatory Practices in the U.S. Airline Industry. Retrieved May 27, 2013 from http://ntl.bts.gov/lib/17000/17600/17602/PB2001102478.pdf
During the consumer movement of the 1960s and 1970s, Congress enacted a substantial amount of legislation to protect "the good of the people." There is only one problem with consumer protection laws -- they are slow to react and even harder to enforce. As a result of this situation, corporations are allowed to profit at the expense of consumers' health. The resistance comes in a number of stages. The first is denial of the problem, wherein the corporations argue that there is not enough evidence to link their products with the negative outcomes that are being reported. Then there is the lobbying that causes politicians to defer action until a later date, or ignore the call to action altogether. Too often, when statutes are enacted, corporations fight them to the end, resulting in flawed legislation that either has loopholes, require interpretation from the judicial branch or is difficult…
Bray, G., Nielsen, S. & Popkin, B. (2004). Consumption of high-fructose corn syrup in beverages may play a role in the epidemic of obesity. The American Journal of Clinical Nutrition. Vol. 79 (4) 537-543.
Goldberg, C. & Zimmerman, R. (2011). What's making us fat? Researchers put food additives on suspect list. Common Health. Retrieved April 11, 2012 from http://commonhealth.wbur.org/2011/08/food-additives-obesity
Hellmich, N. (2009). Rising obesity will cost U.S. health care $344 billion a year. USA Today. Retrieved April 11, 2012 from http://www.usatoday.com/news/health/weightloss/2009-11-17-future-obesity-costs_N.htm
Miller, R. & Jentz, G. (2010). Business law today: 9th edition. South-Western/Cengage Learning.
Antitrust Practices and Market Power
The modern business environment is increasingly characterized by the proliferation of emerging monopolies in various industries. One of the industries that have experienced an increase in budding monopolies is Information Technology, particularly with the growth and development of social media and networks. Technology companies have rapidly developed into monopolies because of the connection between attractive business opportunities. The growth of leading technology companies into monopolies has also been fueled by their efforts to gain and maintain market power. However, some of these companies such as Google, AT&T, Standard Oil, Microsoft, and Facebook have been investigated for antitrust behavior.
Similar to Google, Facebook is company whose growth and development is partly attributed to the failure by Microsoft to strangle it like it did to Netscape a decade before. Facebook's business and operations are entirely built on focusing on developing network effects since the firm's value for…
European Commission (2014, October 24). Antitrust: Commission Probes Allegations of Antitrust Violations by Google. Retrieved November 13, 2014, from http://europa.eu/rapid/press-release_IP-10-1624_en.htm
Fox, J. (2013, January). The Web's New Monopolies. Atlantic Monthly, 30-34.
Windrum, P. (n.d.). Back from the Brink: Microsoft and the Strategic Use of Standards in the Browser Wars. Retrieved November 13, 2014, from http://arno.unimaas.nl/show.cgi?fid=292
Antitrust practices and market power: Microsoft
One of the most famous and prolonged cases involving antitrust allegations was that of the suit brought about by the Department of Justice against the Microsoft Corporation. It was alleged that Microsoft's act of 'bundling' specific applications such as its web browser, Internet Explorer and Windows Media Player to make them the default setting of its Windows operating system resulted in anticompetitive practices within the software industry. The European Union also waged an antitrust case against Microsoft, and its findings against the company were even more broad and sweeping than in the United States. As a result, in the EU, Microsoft "was not allowed to offer any technological, commercial, or contractual term or inducement to make the bundled version the more attractive, and a monitoring trustee was required to ensure that the unbundled version of Windows works as well as…
Economides, N., & Lianos, I. (2009). The elusive antitrust standard on bundling in Europe and in the United States in the aftermath of the Microsoft cases. Antitrust Law Journal, 76(2), 483-567.
Additionally, he argued that the best interest of the consumers, as promoted by Gate's organization, was in fact not the core element of new endeavors, as the company had argued, but that whenever a new product or service was being projected, this would be done in order to serve the financial interests of the organization rather than increase customer utility (Kegel, 2006).
In order to better understand why the above mentioned actions were ethical or unethical, it is best to assess them in light of three ethical perspectives. From the standpoint of the utilitarian perspective, the company is able to seek out those actions which maximize its gains, but in doing this, it must remain aware of the needs of others. More specifically, they can work towards their goals as long as these do not impede with the goals of others (Leiss, 1988). From this standpoint, the behavior of Microsoft…
Cooper, C., 1999, Microsoft Antitrust Judgment: Winners and Losers, ZD Net, http://news.zdnet.co.uk/software/0,1000000121,2074984,00.htm last accessed on August 14, 2009
Dale, N.B., Lewis, J., 2004, Computer Science Illuminated, 2nd Edition, Jones & Bartlett Publishers
Hunter, D., 2005, More Microsoft Employees to Get Antitrust Training, HunterStrat, http://www.hunterstrat.com/news/more-microsoft-employees-to-get-antitrust-training / last accessed on August 14, 2009
Kegel, D., 2006, Corporate Ethics, Dan Kegel's Web Hostel, http://www.kegel.com/corporate_ethics.html last accessed on August 14, 2009
Of particular focus is the situation of the deployment of forces in a case of national security such as the floods and fires which have affected the territory of the United States. In these situations, volunteers and reserves are also part of the intervention forces, aside from the police patrols. More precisely, in the most recent floods from Iowa the help of ed Cross volunteers were asked for in order to be able to resist the natural disaster and in time to rebuild the territory. A similar situation occurred in New Orleans as well when non-specialized aid was asked for because the police was overwhelmed by the situation. However, it can be said that in situations such as these, the discussion is no longer related to the issue of law enforcement but rather to that of human solidarity. Nonetheless, the presence of volunteers and reserves is crucial in such moments.…
America Civil Liberties Union. (1997) Fighting Police Abuse: A Community Action Manual. Accessed 5 July 2008, at http://www.aclu.org/police/gen/14614pub19971201.html
Downs, a., et al. (1969) "Round Table on Allocation of Resources in Law Enforcement." The American Economic Review, Vol. 59, No. 2, pp. 504-512.
Frisbee, W.S. Jr. (n.d.) "Patrolling." Accessed 5 July 2008, at http://www.military-sf.com/Patrols.htm
Gallo, J.N. (1998) "Effective Law-Enforcement Techniques for Reducing Crime." Journal of Criminal Law and Criminology. Vol, 88, no. 4.
Federal Trade Commission ruled on charges of anti-trust leveled against the Wisconsin Chiropractic Association. The WCA and its executive director, Russell A. Leonard, had been charged with organizing a conspiracy among members of the WCA, which represent 90% of the chiropractors in Wisconsin, of conspiring to force health care providers to pay higher rates for chiropractic services than they had previously paid.
According to the proceeding records (FTC, 2003) and published statements by the FTC (FTC, 2000a), the plan began when the federal government as well as many insurance companies adopted new billing codes to cover chiropractic treatments. In addition, two other chiropractors, Michael T. erkley, D.C., and Mark A. Cassellius, D.C., settled with the FTC on similar charges (FTC, 2000a).
The final settlement included about 2,800 words of restrictions on the WCA and Leonard, some of them extending to the year 2020 (FTC, 2003).
The FTC alleged that the…
Brookings Institution. 2002. "The Effect of Antitrust Policy on Consumer Welfare: Assembling the Empirical Evidence." June. Accessed via the Internet 2/27/03. http://www.ftc.gov/be/seminardocs/antitrustpolicy-consumerwelfare.pdf
Federal Trade Commission (FTC). 2000. "Wisconsin Chiropractic Association and Its Director Agree to Settle FTC Charges of Price-Fixing." March 7. Accessed via the Internet 2/27/03. http://www.ftc.gov/opa/2000/03/wischiro.htm .
Federal Trade Commission (FTC). 2000. Docket No. C-3943 Decision and Order.May 18, 2000. Accessed via the Internet 2/27/03. http://www.ftc.gov/os/2000/05/wisconsin.do.htm
Federal Trade Commission (FTC). 2003. "HEARINGS ON7 HEALTH CARE and COMPETITION, LAW, AND POLICY." October 1. Accessed via the Internet 2/27/03. http://www.ftc.gov/ogc/healthcarehearings/031001ftctrans.pdf
" (Schlossberg, 2004)
FERC analyzed while making a review of the electric utility mergers proposition, the transaction being proposed "likely effect" on (1) competition;
(2) rates; and (3) regulation. (Schlossberg, 2004)
There are stated to be "no antitrust exemptions for transactions subject to FERC review and such mergers are regularly reviewed by either the Federal Trade Commission (FTC) or the Division." (Schlossberg, 2004) The Securities and Exchange Commission had previously held jurisdiction for reviewing acquisitions of stock of electric utility companies however, the authority provided under the Public Utilities Holding Company Act of 1935 was repealed in 2005.
III. FORESEEAILITY DOCTRINE REHAILITATION
The work of Trujillo (2006) entitled: "State Action Antitrust Exemption Collides with Deregulation: Rehabilitating the Foreeseability Doctrine" states that a capitalist society that has policies which were established for the purpose of regulating "the promotion of competition in traditionally regulated industries such as the electrical market seems counterintuitive.…
Ewing, Saul (2007) FTC Complaint May Seek to Erode 'State Action' Immunity of Utilities. Staying Ahead Bulletin April 2007. Utility Law. Online available at: http://www.saul.com/common/publications/pdf_1285.pdf
Schlossberg, Robert S. (2004) Mergers and Acquisitions: Understanding the Antitrust Issues. American Bar Association 2004. Google, Books Online available at: http://books.google.com/books?id=JmcoRxfB1OsC
Trujillo, Elizabeth (2006) State Action Antitrust Exemption Collides with Deregulation: Rehabilitating the foreseeability Doctrine. Fordham Journal of Corporate & Financial Law. Online available at: http://findarticles.com/p/articles/mi_qa4048/is_200601/ai_n16410098/
, 93 F. 3d 1358 (CA7 1996) for its statement that "monopsony pricing is analytically the same as monopoly...pricing and is so treated by the law." ased on this determination that the two concepts are analytically similar, the Court thus concludes that therefore "similar legal standards should apply to claims of monopolization and to claims of monopsonization." Reasoning that predatory-pricing is fundamentally an act of monopolization and that predatory-bidding is fundamentally an act of monopsonization, and that both claims involve the deliberate use of unilateral pricing measures for anticompetitive purposes, the Court finds that the logically same legal standard should therefore govern actions brought on both.
ased on this reasoning, the Court concludes that "the general theoretical similarities of monopoly and monopsony combined with the theoretical and practical similarities of predatory pricing and predatory bidding convince us that our two-pronged rooke Group test should apply to predatory-bidding claims." Accordingly, under…
Bolton, Patrick, et. al. (2000): Predatory Pricing: Strategic Theory and Legal Policy. 88 Geo.L.J. 22239.
Brooke Group Ltd. v. Brown & Williamson Tobacco Corp., 509 U.S. 209 (1993).
Hovencamp, Herbert. (1994): Federal Antitrust Law Policy: The Law of Competition and Its Practice. Minneapolis: West Group Publishing.
Khan v. State Oil Company, 53 F.3d 1358 (CA7 1996).
RE: APPLICATION FOR LEGAL ASSISTANT POSITION
Dea Judge Smith:
This lette epesents my application to you hono fo the position of legal assistant which you have stated though the State and County publications is open and needs to be filled. I come with excellent qualifications as pe my educational attainment and my educational achievement and commitment. I have attended Cumbeland School of Law and while I have not yet gaduated, I am in my final yea of law school.
I have genuine love and inteest fo the law and the legal secto of ou society because the law is eve-changing and this makes it vey inteesting as I follow the changes and shifts in the laws of ou county and this state. Indeed it is these changes that initially attacted me to this field of study as I have always been inteested in the legal pocess and since…
references from my work in my Externship with the Federal Judge. I assisted the Federal Judge in writing post-trial judgments and in writing briefs on many levels including appeals. My grade point average is 3.9. My genuine love for the field of law makes me an ideal candidate to serve as your legal assistant and my high level of educational attainment and excellence demonstrates my commitment to excellence.
Therefore, this letter of application is a formal request that you consider me for the position of legal assistant with the office of your honor based upon my qualifications, my educational attainment, my high grade point average, my experience working an Externship with a Federal Judge who will give me the highest reference.
March 19, 2015
Monopolies and Trusts:
Appropriate Areas for Government Intervention?
Capitalism is the economic system that has dominated the United States virtually since the day of its independence. A social and economic system based on the recognition of individual rights; capitalism demands that owners' rights to control, enjoy, and dispose of their own property must be respected. In a capitalist system, the purpose of government is to protect individual economic rights, and to make sure that no one individual, or group may employ physical or coercive force upon any other group or individual. The success of capitalism is well evident. The surpluses that this system produces have enabled individuals to experiment; to create new products, and market new ideas. These private surpluses are traded in a free market in direct competition with other buyers and sellers. Such competition is best represented by the efforts of two or more parties acting independently to…
There are a number of different laws that govern fair, balanced and competitive practices. One major category is the antitrust laws. Antitrust laws seeks to create a competitive environment by preventing companies from obtaining the ability to abuse their market positions. Ensuring that each industry and market has a healthy amount of competition has been the work of a series of acts that govern antitrust practices.
The most significant piece of antitrust legislation is the Sherman Act, which was passed in 1890 in order to define antitrust activities. The act was passed in response to monopoly abuses on the part of a number of companies, and the recognition that a successful capitalist economy required at least enough market intervention on the part of government to prevent the formation of unnatural monopolies (FTC, 2014).
There have been subsequent laws that have enhanced the Sherman Act, and refined it, largely…
DoJ (2014). Horizontal merger guidelines. U.S. Department of Justice. Retrieved November 25, 2014 from http://www.justice.gov/atr/public/guidelines/hmg-2010.html
FTC. (2014). The antitrust laws. Federal Trade Commission. Retrieved November 25, 2014 from http://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/antitrust-laws
FTC. (2014, 2) Price discrimination: Robinson-Patman violations. Federal Trade Commission. Retrieved November 25, 2014 from http://www.ftc.gov/tips-advice/competition-guidance/guide-antitrust-laws/price-discrimination-robinson-patman
OUSTR. (2014) Anti-dumping Office of the U.S. Trade Representative. Retrieved November 25, 2014 from http://www.ustr.gov/trade-agreements/wto-multilateral-affairs/wto-issues/trade-remedies/anti-dumping
There have been several arguments with reference to the social impact of the Intellectual Property, and it has been observed that the Intellectual property law has been responsible for the promotion of the competitive forces in such a manner that 'antitrust law does not address, and may do so based on evidence that would be insufficient in an antitrust context' (Brinson, 1994). It is indeed a difficult practice related to the 'forced sharing to attain optimal competition' (Brinson, 1994), and it appear to be unwarranted 'in most antitrust contexts, and it is clear indication of the absent clear proof of market harm' (Thomas, 2006), although it is expected to 'constitute improved and comprehensive Intellectual Property policy, even in the presence of ambiguous evidence' (Brinson, 1994). The anti-trust law and the intellectual property law is expected to minimize the cost of three different things, which include, false positives, as per which…
Inigo Igartua Arregui. Refusals to Deal Involving Intellectual Property Rights. Law and Policy in International Business. Volume: 34. Issue: 4. 2003. Georgetown University Law Center.
J. Dianne Brinson, Mark F. Radcliffe. Intellectual Property Law Primer for Multimedia Developers. 1994. Law and Policy in International Business. Volume: 23.
Keith Eugene Maskus. Intellectual Property Rights in the Global Economy. Harvard University Press. 2003. pp. 176.
James B. Kobak. Intellectual Property Misuse: Licensing and Litigation. American Bar Association Publication. 2000. pp. 87.
Private University is selling a share, or something else. At the outset of the Act, "security" is defined as "any note, stock, treasury stock, security future, security-based swap, bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate…" and many others are subject to the law. The key is that the security creates a share of income for the holder, whether in the form of debt or equity. Options for later purchase are also included in the definition of security.
The asset in question is a "share" that entitles the bearer to college credits in any school at the future date. A college credit is not a claim to a cash flow, nor it is claim to equity. Therefore, this is not a security. Rather, it is a coupon by which a product can later be acquired. There is no difference between this asset…
FTC. (2013). The antitrust laws. Federal Trade Commission. Retrieved May 2, 2013 from http://www.ftc.gov/bc/antitrust/antitrust_laws.shtm
FTC. (2013). Horizontal merger guidelines. Federal Trade Commission. Retrieved May 2, 2013 from http://www.ftc.gov/os/2010/08/100819hmg.pdf
Securities Act of 1933. Retrieved May 2, 2013 from http://www.sec.gov/about/laws/sa33.pdf
Stewart, J. (2011). Antitrust suit is simple calculus. New York Times. Retrieved May 2, 2013 from http://www.nytimes.com /2011/09/10/business/att-and-t-mobile-merger-is-a-textbook-case.html?pagewanted=all
alt Disney Company Scenario
Scene: Fiscal Karat (FK), host of TV's Let's Talk Money, is seated at the center of an oak conference table. Let's Talk Money is a weekly PBS talk show that interviews business leaders and often finds government officials to debate certain ideas and programs. Tonight's episode features Mr. Michael McDuck (MM), CEO of alt Disney Company and Mr. Rigid B. Crat (RC), Senior Administrator for the U.S. Treasury's Anti-trust Division.
FK: Good evening and welcome to Let's Talk Money, your weekly adventure into provocative and interesting monetary topics ranging from mild to wild. Tonight, a special treat for the kid in us all -- Michael McDuck, CEO of alt Disney goes head to head with the Administration's Senior Anti-Trust Maven, Rigid B. Crat. elcome gentlemen!
First though, let's take a moment to establish a bit of background. The alt Disney Company is a multinational mass media…
Disney Vows to Investigate Claims of ABuse at Factories. (2005, June). Retrieved from SACOM: http://sacom.hk/archives/66
J&J, Walt Disney, Kraft Foods Top Rankgin. (2010, October 13). Retrieved from Environmental Leader: http://www.environmentalleader.com/2010/10/13/jj-walt-disney-krafts-foods-top-csr-ranking/
Hearing: Are Government Contractors Exploiting Workers Overseas? (2011, November 2). Retrieved from Sparky - Keeping You Plugged In: http://mssparky.com/2011/10/hearing-are-government-contractors-exploiting-workers-overseas/
Areeda, P., & Hovenkamp, H. (2011). Fundamentals of Antitrust Law. New York: Kluwer Law.
The result is an increasing gap between the richest and poorest teams that would reinforce disparities around and earning power, concentrating productivity into monopolistic dominant teams with a concommitant reduction of competition in play and consumer price. The result is less competition for higher prices and restricted options for most employees.
Under a bargaining agreement negotiated with a players' union on the other hand, all employers could offer baseline salaries negotiated with players at various tiers, based on productivity, tenure or any legal conditions the teams collaborated to offer should the players agree, which could result in salary reductions, salary caps, various distribution of BI revenue and perhaps reduced 'frictional cost' of having to bid for talent every season (Feldman, 2012, p. 1233). This stability could reduce turnover and search cost and thus slow ticket price increases, and then if players agreed to additional free agent conditions in the negotiated…
Beck, H. (2011). N.B.A. reaches a tentative deal to save the season. New York Times 26 Nov.
2011. A1. Retrieved from http://www.nytimes.com /2011/11/27/sports/basketball/nba-and-basketball-players-reach-deal-to-end-lockout.html?pagewanted=all
Brandt, a. (2011). The big deal over BRI. NBA. ESPN.com. 5 Nov. 2011. Retrieved from http://espn.go.com/nba/story/_/id/7194222/basketball-related-income-affects-nba-lockout-talks
Feldman, G. (2012). Antitrust vs. labor law in professional sports: Balancing the scales after
According to the Organization for Economic Cooperation and Development (OECD) defines economic regulations (industrial regulations) as "intervening directly in market decisions such as pricing, competition, market entry, or exit ("Economic regulations," 2002). The main reason for economic regulation is because it is permits the straightforward businessman to succeed in the economy and decrease business relations within the economy from being broken by the illegal activity that takes place (Black, 2010). However, within the economy the market has four different structures that industries are classified under that the government uses to help control the advantages and limitations of supply and demand. The goal of the four structures is to look at how it "affects the outcomes in the market with impacts on the motivations, opportunities, and decisions of economic buyers and sellers through their behaviors within market competition" states Fischer (n.d.). The OECD defines social regulations as an impact…
Black, W. (2010, January 11). Inside the fed's secret war on good regulation. Retrieved from http://www.sagepub.com/upm-data/23879_Page_1_19.pdf
Boyer, P. (2001). Federal regulatory agencies. The oxford companion to United States history. Retrieved May 18, 2011 from http://www.encyclopedia.com/doc/1O119FederalRegulatoryAgencies.html
Department of Trade, Federal Trade Commission. (2011). Ftc guide to the antitrust laws. Washington, DC: Government Website. Retrieved from http://www.ftc.gov/bc/antitrust/antitrust_laws.shtm
Economic regulations. (2002, July 31). Retrieved from http://stats.oecd.org/glossary/detail.asp?ID=4639
This report is based upon the book Titans of Takeover by Robert Slater. This book was originally published in 1987 by Englewood Cliffs, and then re-published and copyrighted in 1999 by Beard Books.
Introduction of the Author
The book Titans of Takeover was authored by Robert Slater, who is famous for his strong stand against President Ronald Reagan's attempts to make the U.S. marketplace a free economy by doing away with the Sherman and Clayton Antitrust Laws. He proved to America that although such a move would appear to yield immediate benefits by putting the nation's economy on the map against the vibrant economies that gave no room to antitrust laws, it would, to an equally large extent, produce devastating outcomes on the economy in the long run. Slater has authored a couple of other bestselling business books and authored several articles on the Wall Street Journal, in…
Unethical Business esearch Practices
What unethical research behavior was involved?
The antitrust case brought by Wal-Mart and other retailers against Visa and MasterCard in the U.S. Eastern District court, was settled in 2003 for $3 billion and primarily involved a dispute concerning the efficient pricing of access to payment information, including security data that confirmed or refuted the transactional identities of cardholders (oberds & Schreft, 2009). In their pleadings, Wal-Mart and other class action litigants argued that third-party providers such as Visa and MasterCard required them to accept both debit and credit cards issued by MasterCard but the interchange fees were higher for debit cards (Ulzheimer, 2012). In sum, the suit filed by Wal-Mart and other large retailers claimed that Visa and MasterCard "required all merchants who accept their credit cards to also accept their signature debit cards [which] constitutes an illegal tie-in in violation of antitrust law" (Peterson, 2002,…
An introduction to ISO 27001. (2012). The ISO2700 Directory. Retrieved from http://www.
Azola, M. (2011). The Reconciliation Project: Separation and integration in business ethics research. Journal of Business Ethics, 99, 19 -- 36.
Binning, D. (2012). Top five cloud computing security issues. ComputerWeekly. Retrieved from:
Corporate Mergers and the Public Good
The United States of America, during the last years of the Nineteenth Century, witnessed a rash of corporate mergers. The Industrial Revolution had taken firm hold, and the nation was changing rapidly. Millions of Americans who had once been independent farmers or tradesmen now found themselves in the position of what some termed "wage slaves." At the mercy of their corporate employers, they worked long hours at low pay, and often under appalling conditions. The reasons for the merger mania of this period are many and complex, as are its effects upon the population as a whole. In breaking down the traditional vocational environment, the gigantic new conglomerates also transformed the entire social landscape. ork was no longer a family business shared by all generations. Communities no longer clung together for mutual protection and aid. Suddenly, the citizen of this new world was out…
Applebaum, Herbert. The American Work Ethic and the Changing WorkForce: An Historical Perspective. Westport, CT: Greenwood Press, 1998.
Aronowitz, Stanley. False Promises: The Shaping of American Working Class Consciousness. New York: McGraw-Hill, 1992.
Atack, Jeremy. (1985). "Industrial Structure and the Emergence of the Modern Industrial Corporation" Explorations in Economic History 22, 48.
Champlin, Dell P., and Janet T. Knoedler. "Corporations, Workers and the Public Interest." Journal of Economic Issues 37.2 (2003): 305+.
Industries that face stiff competition may favor and encourage an aggressive approach from employees that produces rapid results, rather than thoughtful, strategic action. When the gains cannot be realized in the desired time frame, there is a temptation to implement short cuts; resulting in fraud." (Price; Norris, 2009) That however is not a justification, although it prompts some regulations on the way industries operate.
The Law Catches Up
Today the criminal justice system responds to corporate crime much better than before. This is because earlier the scams were an unknown commodity in Australia and it was a U.S. phenomenon. Globalization changed that and now, according to the National Crime Prevention office in Australia the fraudster type of activities in firms were classified as fake billing and invoicing, investments and money chain scams, advance fee frauds, borrowing from the public as in ponzi type scams, the pyramid and money chain, insolvency…
Braithwaite, John. (1992) "Penalties for White-Collar Crime"
Retrieved 28 July, 2012 from http://www.anu.edu.au/fellows/jbraithwaite/_documents/Articles/Penalties_White_1992.pdf
Braithwaite, John. (1985) "White Collar Crime" Annual Review of Sociology vol. 11, no. 1, pp: 1-25.
"Definition of white collar crime" (from the scanned reference mailed by client -- book title not clear) Please insert book title here
Of course, this is a good thing for customers on short-term, but is negatively affects other companies on the market. This is because smaller competitors and especially those that intend to enter the market addressed by IBM find it at least difficult to provide product prices in accordance with those provided by IBM. These smaller companies do not have the ability of reducing their production or operating costs, which does not allow them to introduce competitive prices on the market. This way, they are clearly disfavored by IBM's position and market power.
In addition to this, in a field like it, it is imperative to make continuous investments into the research and development activity. This requires significant capital amounts from these companies. The investment levels that IBM reaches cannot be reached by many of these companies. This makes it difficult for these companies to keep up with IBM and its…
1. Oates, J. (2009). IBM Faces EU Monopoly Probe. Enterprise. Retrieved November 14, 2010 from http://www.channelregister.co.uk/2009/01/20/ibm_eu_probe/ .
2. Annual Report (2010). IBM. Retrieved November 15, 2010 from http://www.sec.gov/Archives/edgar/data/51143/000104746910001151/a2195966z10-k.htm .
3. Monopoly: A Brief Introduction (2006). Linux Information Project. Retrieved November 15, 2010 from http://www.linfo.org/monopoly.html .
4. O'Gara, M. (2010). EC Opens Two Antitrust Investigations of IBM. Retrieved November 15, 2010 from http://soa.sys-con.com/node/1478919.
separation of powers and federalism. How do these central architectural features of American government seek to support Thomas Jefferson's perspectives; "That government is best which governs least." Why from the view of many business executives is government "gridlock" good?
Separation of powers is that element of the American government designed to protect the nation from tyranny and to, as far as possible, keep the power of the nation decentralized. Federalism, while certainly not designed to promote tyranny, is designed to strengthen the power of the government to act and govern the nation, centralizing power into a strong formal national government. Each of these aspects of modern American government have different implications for business.
According to Thomas Jefferson, "That government is best which governs least." The separation of powers helps to assure that the different branches of the government balance each other sufficiently that no single branch can govern so much…
Microsoft Anti-Trust Case
Microsoft was charged with using its position as an industry leader in computer software to force buyers to buy products that were bundled with Internet Explorer. The claim was considered a breach of anti-trust laws which declared that a company cannot package two products together based on one's popularity or market position with the consumer (U.S. v. Microsoft, 2002-2006). Microsoft has denied such claims that they took an unfair advantage of the market and consumer in order to strengthen an already dominant position in the industry (Hemphill, 2004). Especially in the case of the product coming from a company that has domination over the software industry such as Microsoft.
The Internet Explorer browser was not sold but given as a free product with the purchase of the Operating System by Microsoft. This is done by many companies throughout the industry. However when Microsoft applied this marketing principle,…
Brick, R. (2001). U.S. appeals court overturns Microsoft anti-trust ruling . Retrieved June
16, 2011 from http://www. nytimes. com/2001/06/28/business/28WIRE-SOFT. html
Goldman, D. (2010). iPhone anti-trust law goes to class action. Retrieved June 16, 2011
from http://money. cnn. com/2010/07/12/technology/apple_att_lawsuit/index. htm
Grasso last year, contending that the $139.5 million payout that Mr. Grasso received in the summer of 2003 was exorbitant and in violation of New York's not-for-profit law, which states that executives at not-for-profit organizations, like the exchange, receive "reasonable" compensation. Mr. Spitzer has said he will seek more than $100 million back from Mr. Grasso. In his complaint, Mr. Spitzer cited the Webb report as crucial to his investigation. But until yesterday it remained confidential. The document describes some of the crucial points made in the complaint, among them that the board was misled about the size of Mr. Grasso's bonuses and that $13 million of his $139.5 million payment was vested when in fact it was not (THOMAS and Anderson 2005).
The antitrust authorities should permit Microsoft to merge with Yahoo because it will be more profitable in the end. This is due to the fact that…
Eternal Reward: $10,000. retrieved March 7, 2008, at http://www.ericdsnider.com/snide/eternal-reward-10000/
2007). CRIMES and CORRUPTION of the NEW WORLD ORDER NEWS. Retrieved March 7, 2008, at http://mparent7777-2.blogspot.com/2007_01_07_archive.html
2007). Friends' getting too friendly. Retrieved March 7, 2008, at http://www.apa.org/monitor/feb07/jn.html
Gunderman, Robert and Hammond, John.(2007). Reexamination of the Peanut Butter and Jelly Sandwich. Retrieved March 7, 2008, at http://www.ipfrontline.com/depts/article.asp?id=14617&deptid=3
orkers can increase their own value in the workplace by improving their work assets, through education, effort or tenure.
In addition, the U.S. economy would not necessarily benefit. A higher national minimum wage would distort the market for labor in some states that currently face conditions leading to lower wages. This disruption of the market could reduce demand for labor and could also result in a less efficient market. In addition, increases in production costs are often passed on to consumers. hile the minimum wage worker may earn more, inflation will increase, essentially transferring wealth from all consumers to a small group of workers. This does not imply the creation of new wealth, only a redistribution of it in a manner that increases economic inefficiency. In addition, a higher minimum wage entices workers into the job market to the detriment of other workers, and many minimum wage earners are young…
Mui, Y. & Barnes, R. (2007). High court overturns century-old antitrust rule. Washington Post. Retrieved October 5, 2010 from http://www.washingtonpost.com/wp-dyn/content/article/2007/06/28/AR2007062802370.html
Gibson, M. (2010). A brief history of OPEC. Time Magazine. Retrieved October 5, 2010 from http://www.time.com/time/business/article/0,8599,2019120,00.html
Garfield, R. (1996). The case against a higher minimum wage. Joint Economic Committee Report. Retrieved October 5, 2010 from http://www.house.gov/jec/cost-gov/regs/minimum/against/against.htm
Microsoft is a company that was found to be in violation of antitrust laws by both the U.S. Justice Department and the European Commissions. The reason behind such a finding, is that Microsoft acted in a manner that was found to be overly aggressive in regards to its operating systems and software. As the Weil and McMillan article wrote that it was "alleged that Microsoft harmed Netscape's browser business through anticompetitive practices related to the Windows operating system" (Weil, McMillan, 2003) while the United States vs. Microsoft article went even further by stating "critics contend that Microsoft used monopolistic business practices and anti-competitive strategies including refusal to deal and lying, put unreasonable restrictions in the use of its software and used misrepresentative marketing tactics" (United States, 2002, 2006).
It is this author's belief that it does not matter if a company is 'capitalistic' or not, most companies would not have…
Aguilar, J.; Prato, F.; Bravo, C.; Rivas, F.; (2009) A multi-agent system for the management of abnormal situations in an artificially gas-lifted well, Applied Artificial Intelligence, Vol. 23, Issue 5, pp. 406 -- 426
United States v. Microsoft, (2002, 2006) Retrieved from http://www.usdoj.gov/atr/cases/ms_index.html
Weil, N., & McMillan, R. (2003, May 29). AOL, Microsoft settle Netscape suit. PCWorld. Retrieved from http://www.pcworld.com/news/article/0,aid,110930,00.asp
Coca Cola Initiative
Coca Cola's ecent and Ongoing Integration Initiative: Legal Implications and ecommendations
No company continue to prosper without continuing to grow and adapt -- markets and operating environments are in a constant state of evolution, and companies must respond in kind in order to maintain efficiency and profitability, and to ensure that their products and distribution methods are in keeping with market demand. Many company adaptations are achieved through subtle and simple changes, however at times more significant change initiatives are implemented in order to bring about more profound and widespread organizational changes. These initiatives can have significant legal implications and consequences if they are not undertaken with proper planning and care, and the larger an organization is the more complex these implications can become. The following pages discuss the potential implications of an ongoing initiative at the Coca Cola Company.
Company and Initiative Overview
Coca Cola is…
Coca Cola. (2011). 2010 Annual Report.
Hoovers. (2012). The Coca Cola Company. Accessed 25 February 2012. http://www.hoovers.com/company/The_Coca-Cola_Company/rfyhsi-1.html
Rudo, J. (2012). German Antitrust Law. Accessed 25 February 2012. http://www.antitrust.de/
WRBM. (2004). Coca-Cola moves to settle EC anti-trust allegations. Accessed 25 February 2012. http://www.foodproductiondaily.com/Supply-Chain/Coca-Cola-moves-to-settle-EC-anti-trust-allegations
Role of Labor Unions in Industrial Relations
In their definition, labor unions have always been known as organizations that have always aimed at getting their members both financial and non-financial benefits. The role of labor unions is however bigger than that and they have been known to aid in helping employers improve the productivity and discipline of their workers. Labor unions respond to issues differently. This is explained by the differences in industrial relations contexts and also policies of different states as well as strategies of the various employers around the country.
Employees come together to form a labor union to achieve a common goal. Labor unions have several goals. Some of the goals include agitating for higher retirement benefits as well as other benefits for its members. They also seek to increase the number of workers assigned for specific job tasks. They ensure that employees work under good and…
Baglioni, G. And C. Crouch (eds.) (1990) European Industrial Relations. The Challenge of Flexibility (London: Sage).
Barrow, C. (2013). Industrial Relations Law. New York: Routledge.
Blanpain, R. (2007). Decentralizing Industrial Relations and the Role of Labor Unions and Employee Representatives. New York: Kluwer Law International.
Blanpain, R., & Baker, J. (2010).Comparative Labor Law and Industrial Relations in Industrialized Market Economies. New York: Kluwer Law International.
Still, the future stated goal of GM is to develop an electric or hybrid version in all of its existing brands lines -- Chevrolet, Cadillac, Buick and GMC.
Outcome of changes
GM's most notable success has been overseas, where it is currently ahead of all of its competitors in the rapidly expanding Chinese market. "While GM is outpacing Ford in overseas competition, GM cannot solely depend on China for growth. While the emerging market contributed to GM's global recovery last year with 2.3 million in sales, it may not experience the same momentum this year  because the Chinese government has ended incentives on small cars and rural purchases" (Benedicto 2011). Still, evidence of GM's health is seen in the fact that it recently announced that it will issue profit-sharing checks this month for hourly workers, the largest in a decade (Vlasic & Bunkley 2011:1). Talks with the UAW will…
Benedicto, Tanya. (2011, February 26). Should the new GM thank Waggoner? The Wall Street
Journal. Retrieved March 1, 2011 at http://blogs.forbes.com/tanyabenedicto/2011/02/26/should-the-new-gm-thank-wagoner/
Bunkley, Nick. (2011, January 11). GM plans 2 plug-in hybrids. The New York Times.
Retrieved March 1, 2011 at http://www.nytimes.com /2011/01/12/business/12volt.html?ref=generalmotorscorporation
The author of this report is asked to answer a series of questions relating to intellectual capital (IC), both in general and in relation to Apple Corporation. The first question asks whether the organizational structure of Apple considers intellectual capital an asset. The second question asks how have ethical policies and practices affected the organization's intellectual capital and its value. The third question asks what strengths and weaknesses exist in structure and ethics. The fourth item asks the author to offer recommendations relating to increasing the value of the organization's intellectual capital based on structure and ethics (Apple, 2013).
As for the first question, Apple's intellectual capital is absolutely an asset. Their structure and especially their brand names and patents are the core (pardon the pun) of Apple's strength and resilience. Their innovation and brand presence allow them to sell MP3 players for far high price…
Apple. (2013, September 2). Apple. Apple. Retrieved September 2, 2013, from http://www.apple.com/
Bouys, G. (2009, April 11). Peasants, pitchforks and AIG | NJ.com. Blogs - NJ.com.
Retrieved September 2, 2013, from http://blog.nj.com/njv_guest_blog/2009/04/peasants_pitchforks_and_aig.html
Kanter, J. (2013, March 6). Europe Fines Microsoft $732 Million Over Antitrust Law
Business and Society: The Microsoft Case
"Microsoft" is one of the most well-known and highly diversified computer software manufacturing organizations of the world, founded in 1975 by Bill Gates. Only after five years of its foundation, this company earned $8 million and this success has continued to date. It is still run by its founder and its success story continues, which has made it one of the most famous organization of the world.
Microsoft was the first company that introduced the first user friendly and affordable operating system for personal computers. It manufactures several products today including; windows family of operating systems for personal computers & servers, applications softwares that run on the windows family of operating systems, and the most famous and successful MS-Office Suite, which consists of ord, Excel, Power Point, Outlook and Access.
These applications are not only used by students and professionals but also by users…
Areeda, Phillip and Louis Kaplow. Antitrust Analysis, Aspen Law & Business, 1997.
Economides, Nicholas. United States v. Microsoft: A Failure of Antitrust in the New Economy, UWLA Law Review,
at http://www.stern.nyu.edu/networks/UWLA.pdf . 2001
Economides, Nicholas. The Microsoft Antitrust Case, A Case Study For MBA Students. Stern School of Business:
S. domestic carriers are at period in the industry's history when these factors are already beleaguered by downturns in the global economy, increasing competition from international carriers, and the aforementioned high costs of energy.
Chapter 2: The Impact of Open Skies Agreements on Domestic and International Carriers
Under an open skies agreement, both signatories to the agreement enjoy open access to international airline routes between the two countries as well as eliminating virtually all domestic restrictions on international carriers (Lick, 1998). In an effort to develop more closely integrated pricing and route schedules, signatories to these agreements typically also seek to gain immunity from national antitrust laws (Commercial aviation: Legacy airlines must further reduce costs to restore profitability, 2004). The U.S. Department of Transportation reviews these types of airline alliances from an antitrust perspective and refuses to approval an alliance without a reciprocal open skies agreement with the foreign airline's…
Baker, C. (2004, March 1). Air France-KLM approved; competition regulators in Brussels have approved Air France's takeover of KLM, deciding the consumer comes out of the deal as a net winner. Washington also says it will not oppose the deal. Airline Business, 9.
Bilotkach, V. (2002). Asymmetric regulation and airport dominance in international aviation:
Evidence from the London-New York market. Southern Economic Journal, 74(2), 505-
Doganis, R. (2002). Flying off course: The economics of international airlines. London:
Market Structure and Managerial Decision Making
The objective of this paper is to discuss the concept game theory in the competitive market environment where there are two or more firms competing against one another. The paper cites the examples of Nash equilibrium, prisoner dilemma, and dominant strategy. Moreover, the paper discusses the theory of perfect competition, monopoly, monopolistic market and theory of oligopoly. (Bhat, and au, 2008).
The game theory is a type of situation where the rewards or payoff given to any player depends on the action of the other players. The interdependence between two or more firms is referred as a game theory, and the rewards earned by a firm is known as a payoff, and the payoff matrix assists in analyzing the interdependence between firms. A duopoly is an interdependence between two players that may result in a game theory. However, a relationship between two…
Bhat, M.S., and Rau, A.V. (2008). Managerial Economics and Financial Analysis, Hyderabad, IND BS Publications, ProQuest ebrary. Web. Retrieved April 20, 2016, Chapter 4: Market Structures, pp. 85-107.
Krugman, P. & Wells, R. (2012). Economics and Microeconomics (Third Edition). Worth Publisher.
Mjmfoodie. (2011). Episode 29 Monopolistic Competition [Video File]. Retrieved from https://www.youtube.com/watch?v=T3F1Vt3IyNc
Links to Government Regulation of Monopoly
Coca-Cola Company. Specifically it will discuss and analyze the case study, including relevant facts and recommendations regarding the study. Coca-Cola is one of the most well-known and famous brands in the world, and it has been in existence since the late 1800s. This case study indicated that it faced several ethical issues in the last decade that eroded its credibility and created strife inside and outside the company.
The facts of Coca-Cola are legendary. One writer notes, "Both the Coca-Cola brand and company took an early lead in the soft-drink industry, for the brand achieved national distribution early on and the company has consistently dominated the industry" (Wolburg, 2003). Coca-Cola is one of the world's leading soft drink manufacturers, and they sell their product in at least 200 countries worldwide. They were the leading soft drink company for decades, and their main rival is PepsiCo, who they have been…
Author Unknown. The Coca -- Cola Company Struggles with Ethical Crises.
Dubinsky, A.J., Nataraajan, R., & Huang, W. (2004). The influence of moral philosophy on retail salespeople's ethical perceptions. Journal of Consumer Affairs, 38(2), 297+.
Meyer, K.E. (2004). Perspectives on multinational enterprises in emerging economies. Journal of International Business Studies, 35(4), 259+.
Wolburg, J.M. (2003). Double-cola and antitrust issues: Staying alive in the soft drink wars. Journal of Consumer Affairs, 37(2), 340+.
Business - Management
External Environment Analysis
Southwest Airlines is the nation's low fair, high customer satisfaction airline. It mainly serves short haul cities, offering single class air transportation, which aims for the business commuter as well as leisure travelers. The North American Industry Classification System (NAICS) classifies Southwest Airlines as Scheduled Passenger Air Transportation - 481111 (North American Industry Classification System, 2011).
When conducting an external analysis it is important to look at Porter's five forces to determine the competitive strength and therefore magnetism of a market. Porter's five forces comprise five forces from horizontal competition and vertical competition. These forces are: threat of substitute products, the threat of established rivals, and the threat of new entrants, the bargaining power of suppliers and the bargaining power of customers (Porter's Five Forces a Model for Industry Analysis, 2010).
The first threat is that of the threat of new entrants into the…
Del Vecchio, John. (2000). Analyzing Industries. Retrieved from http://www.fool.com/research/2000/features000309.htm
How Economic Factors Affect the Aviation Industry. (2011). Retreived from http://www.myefficientplanet.com/74865/how-economic-factors-affect-the-aviation-industry/
North American Industry Classification System. (2011). Retreived from http://www.census.gov/eos/www/naics/
PEST Analysis. (2010). Retrieved from http://www.quickmba.com/strategy/pest/
Industrialization After the Civil War
Industrialization was, in all aspects, a game changer in the U.S. because it brought about a complete transformation in people's ways of life. It changed how businesses were run, transformed how people earned money, made transportation easier, and caused a social and economic revolution.
Within four decades (1865-1920), the U.S. had "transformed from a predominantly rural agrarian society to an industrial economy centered in large metropolitan cities" (Hirschman & Mogford, 2009). In addition to the unity that had been created by the uniting states, three other factors played a crucial role in the rapid diffusion of technology during this period. These are;
Legislative representation - the pieces of legislation that furthered the efforts of reconstruction and promoted civil rights for the marginalized. For instance, the 13th, 14th and 15th econstruction Amendments which illegalized slavery, awarded citizenship to all people naturalized or born in the U.S.,…
Berkin, C., Miller, C., Cherny, R. & Gormly, J. (2007). Making America: A History of the United States, Vol. II from 1865 (5th ed.). Mason, OH: Cengage Learning.
Hirschman, C. & Mogford, E. (2009). Immigration and the American Industrial Revolution from 1880-1920. Social Science Research, 38(4), 897-920.
Weinberg, M. (2002). Chapter 7: Capitalism Dominant, 1865-1920. A Short History of American Capitalism. Retrieved from http://www.newhistory.org/CH07.htm
Sports have graduated in the last half of the twentieth century from hobbies or pastimes into the pure, unadulterated pursuit of profit. In short, shorts have become a commodity to be exploited as far as the market will allow. The history of American sports has seen this process play out in a stepwise fashion; every several years developments come about that enable the enterprise to expand and increase profits. The latest changes in business that have allowed sports to enlarge have been globalization and communications technologies. Clearly, these two go hand in hand to some extent. Still, both have contributed to the acceleration of the commodification of sports; they have aided its degeneration from a pastime, into the form we see today.
If you were to ask the average American what they thought was wrong with professional sports today they would likely tell you that the amount of money athletes…
1. Calhoun, K., & Gorman, J. (1994). The Name of the Game. New York, New York: John Wiley & Sons, Inc.
2. Cosell, H., & Whitfield, S. (1991). What's Wrong with Sports. New York, New York: Simon & Schuster.
3. Dallas Morning News. "Steroids Readily Available." Dallas Morning News, Sunday, Feb. 6, 2005.
4. Kahn, Lawrence M. (2000). "The Sports Business as a Labor Market Laboratory." The Journal of Economic Perspectives, Vol. 14, No. 3, 75-94.
Creating ROI in a New Environment
American Express (Amex) is one of the world's largest financial services company in the world, as well as the largest provider of many travel services. The company has a long history of building value for consumers by offering many services that are often free to them. Most credit card companies charge the consumer an interest rate for the use of their services, however Amex created an innovative strategy to differentiate that model. AMEX typically does not charge interest rates and the company generates its revenue through merchant processing activities, annual fees, and various fees. However, has struggled with many of its growth initiatives in recent years and faces and increasingly competitive environment in the financial services industry as there is a high level of innovation from within the industry. This analysis will consider the company's current operations in light of the evolving…
DogFrog. (2016, April 4). KNOW YOUR AUDIENCE: MARKET SEGMENTATION AND CUSTOMER TARGETING. Retrieved from FrogDog: http://frog-dog.com/know-your-audience-market-segmentation-and-customer-targeting/
Franklin, R. (2015, March 24). American Express facing increasing challenges. Retrieved from TH Online: http://www.thonline.com/news/national_world/article_e3125662-d239-11e4-9825-db2709cb705e.html
Hempel, J. (2014, May 21). American Express CEO Ken Chenault: 'There's a $25 trillion opportunity'. Retrieved from Fortune: http://fortune.com/2014/05/21/american-express-ceo-ken-chenault-theres-a-25-trillion-opportunity/
LaMagna, M. (2016, April 5). MarketWatch. Retrieved from 5 things to know about the Costco - AmEx breakup (and the new Visa): http://www.marketwatch.com/story/5-things-to-know-about-the-costco-and-amex-breakup-2016-02-11
The mechanisms that have been put forth to handle issues of day amercement are rudimentary to the knowledge of many people in the U.S. For instance, day Fines is subject to the capabilities of the offenders. It is not a subject imposed to all offenders no with no consideration of their financial stabilities. Nonetheless, offenders who are judged to be within the bracket of paying day charge make it an obligation. The U.S. has state and federal strategies on imprisonment of offenders have received an enormous boost with involvement of the day Fines services.
The federal government of the U.S. has found a more equitable and distributive way of punishing offenders with day fines. Traffic offenders are rampant and active most of the day times. Since they are individuals who operate most of their activities during the daytime, the federal state perceives day fines as a more eloquent way of…
Alarid, L.F., & Del, C.R.V. (2011). Community-based corrections. Belmont, CA:
Born, G. (1996). International civil litigation in United States courts: Commentary and materials. The Hague: Kluwer Law International.
Cole, G.F., & Smith, C.E. (2006). The American system of criminal justice. Belmont, CA:
On April 15, 2008, Delta Air Lines and Northwest Airlines formally announced a merger agreement forming the largest commercial airline in the world; a fleet of almost 800 aircraft. This combined airline, still known as Delta, would have a value of $17.7 billion. In addition, due to the merger and the proposed benefits and synergisms, the company stated that it had come to an agreement with its pilot union to extend the collective bargaining agreement through the end of 2012; providing Delta pilots a 3.5% equity stake in the newly created organization (Rhoades 2008).
On September 26, 2008 the shareholders of both companies approved the merger, with only a Federal antitrust review board's approval. As expected from most analysts, the merger was approved by all requisite Federal agencies, largely due to the minimal overlap between the two carriers' routes and very little threat to competitive industry pressures. A…
American Bar Association 2008, Annual Review of Antitrust Law Developments 2008, ABA Publications, Chicago.
Center for Management Research 2009, The Delta and Northwest Airlines Merger, viewed March 2011, <
Havel, B 2009, Beyond Open Skies: A New Regime for International Aviation, Kluwer Law Publications, Frederick, MD.
Selling enterprise software with channel partners requires Microsoft to create a separate department just for training, coordination of pricing and product requests, and also define entirely new delivery platforms for the applications as well. The Software-as-a-Service (SaaS) platform has been legitimized by Salesforce.com. Microsoft is reinventing itself to in this area so they can better sell with resellers and partners, and also better capitalize on the growing popularity of the SaaS platform as a delivery option for their software. The catalyst of these major shifts in strategy is a direct result of the global recession drastically slowing down the sales of enterprise software.
Open Source Competition
By far the most strategic threat to Microsoft is open source software. There are many business models that open source software vendors use and rely on, with the most prevalent being the requirement of a one-time price to purchase the application and optional yearly…
(Babu, Dalal, 2006)
TK Suresh Babu, & Satish S. Dalal. (2006). ERP Implementation Issues in SMEs: 'Microsoft Great Plains' Implementation in a BPO Organization. South Asian Journal of Management, 13(1), 61-75.
(Bitzer, Schroder, 2007)
Jurgen Bitzer, Philipp JH Schroder. (2007). Open Source Software, Competition and Innovation. Industry and Innovation, 14(5), 461.
The Partnership between Microsoft and Apple after Microsoft had faced tough anti-trust scrutiny is an example of monopolistic competition. Microsoft and Apple produce products that are not perfect substitutes of each other. In fact, the products are perceived to be different to all other brands products. Microsoft's products include Microsoft Office and the IE products. Apple on the other hand had MAC operating system (Kawamoto, Heskett & icciuti, 1997). Microsoft had to preserve competiveness in the industry to comply with antitrust laws and to ensure that there was no unfair competition in this industry as to limit consumers from making informed choices on what kind of products they should go for and at what prices. Microsoft wanted to develop and ship future versions of its MS Office, internet explorer, and development tools to Macintosh. In the event that Apple did not survive Microsoft would not have kept antitrust charges…
Kawamoto, D., Heskett, B. & Ricciuti, M. (August 6, 1997). Microsoft to invest $150 million in Apple. CNETNews.
Slide Share Inc. (2013). Market Structure. Retrieved from http://www.slideshare.net/Leephen/market-structure-n3
David E. Sorkin, Technical and Legal Approaches to Unsolicited Electronic Mail, 35 U.S.F.L. Rev. 325 (2001).
Google and other search engines:
Encarta Encyclopedia online. 2006
Articles collected for Review so far (just a sampling of articles on SPAM laws) www.spamlaws.comSpam Laws: Articles
David E. Sorkin, www.jcil.orgSpam Legislation in the United States, 22 J. Marshall J. Computer & Info. L. 3 (2003).
David E. Sorkin, www.spamlaws.comTechnical and Legal Approaches to Unsolicited Electronic Mail, 35 U.S.F.L. Rev. 325 (2001).
David E. Sorkin, www.spamlaws.comUnsolicited Commercial E-Mail and the Telephone Consumer Protection Act of 1991, 45 Buffalo L. Rev. 1001 (1997).
David E. Sorkin, Revocation of an Internet Domain Name for Violations of "Netiquette": Contractual and Constitutional Implications, 15 J. Marshall J. Computer & Info. L. 587 (1997).
Dominique-Chantale Alepin, Note, "Opting-Out": A Technical, Legal and Practical Look at the CAN-SPAM Act of 2003, 28 Colum. J.L.…
air traffic has continued to increase and it now constitutes a considerable proportion of the travelling public. The amount of long-hour flights has increased significantly. Based on the International Civil Aviation authority, air traffic can be anticipated to double amid till 2020. Airline travel, especially over longer distances, makes air travelers vulnerable to numerous facets that will impact their health and well-being. Particularly, the speed with which influenza spreads and mutates, via transportation routes, is the reason why the influenza pandemic is considered to be a huge threat to the human population. Pandemic is a term, which is used for a virus or microbe when it spreads over a large area, in severe cases even the whole world and large number of people start getting affecting by it (CDC, 2009).
In the past 300 years, there have been ten significant influenza pandemics outbreaks that have taken place in this world.…
Airports Council International (2009) Airport preparedness guidelines for outbreaks of communicable disease. Available at: http://www.airports.org/aci/aci/file/ACI_Priorities/Health/Airport%20preparedness%20guidelines.pdf (Accessed: 28 November 2011)
Bouma, G.D. (2002) The research process. 4th edn. Melbourne: Oxford University Press.
Brigantic, R., Delp, W., Gadgil A., Kulesz, J., Lee, R., Malone, J.D. (2009) U.S. airport entry screening in response to pandemic influenza: Modeling and analysis. Available at: http://www.sciencedirect.com/science?_ob=ArticleURL&_udi=B7578-4W2M6SG1&_user=10843&_rdoc=1&_fmt=&_orig=search&_sort=d&view=c&_acct=C000000150&_version=1&_urlVersion=0&_userid=10843&md5=44685b11dd53d74a8ef85a4f03e185f2 (Accessed: 28 November 2011)
Bush, George W. (2003a). Homeland security presidential directive -- 5: Management of domestic incidents. Available at: http://www.whitehouse.gov/news/releases/2003/02/20030228-9.html (Accessed: 28 November 2011)
Grocery Store by Entrance of Hypermarkets in Bangkok Thailand
Small grocery store owners in Thailand are faced with the ever growing threat of foreign -- owned hypermarkets. Hypermarkets are part of a global trend that threatens to destroy the small grocery store. If this trend continues the traditional market structure of Thailand might become obsolete in the future. This research explores strategies that small grocery store owners can employ to remain profitable and to survive into the future.
The Tesco Effect
Are There Any Advantages to Being a Small etailer?
Benefits and Pitfalls of Tesco to the Economy
Thai Government and Economic Theory
ecommendations for Survival
Commodities are one of the most stable opportunities for retailers. They are considered to be a profitable opportunity and can be started with a relatively low investment. In areas where people have high purchasing power, the local grocery or convenient…
Carter, W. 2011. Supply Chain Value and Small Business. The Charleston Post.8 September 2011. Available at: http://www.thecharlottepost.com/index.php?src=news&srctype=detail&category=Business&refno=3954 [Accessed 12 October 2011].
CNN Money. 2009. 20 Best Countries for Startups. [online] Available at: http://money.cnn.com/galleries/2008/smallbusiness/0809/gallery.best_countries_for_business.smb/13.html [Accessed 12 October 2011].
Corporate Watch. 2004. Tesco. September 2004. [onine] Available at: http://www.corporatewatch.org/?lid=252#thai [Accessed 12 October 2011].
Crispin, S. 2008. What's eating Thai Tesco. Asia Times. May 3.
Sub: comment on John's claim as a whistle blower against PharmaCAE and the ethical and legal implications of the case
As a member of Dewey, Chetum, and Howe you asked me to find out suitable ethical and legal implications that John's case could bring for the firm and for John himself. Detailed in the report are the issues regarding:
The Ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety in relation to PharmaCAE
Business ethics can be defined as the art, system, method and the discipline that is applied to along with ethical principles to solve complex business issues and dilemmas. It defines the actions that are taken that tries to reach a balance between the organization achieving its business and economic obligations and social obligations (Moon, 2001).
One of the ethics that is applicable in this case is related to the advertisement…
Accessdata.fda.gov,. (2015). CFR - Code of Federal Regulations Title 21. Retrieved 6 June 2015, from http://www.accessdata.fda.gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?fr=201.56
Accessdata.fda.gov,. (2015). CFR - Code of Federal Regulations Title 21. Retrieved 6 June 2015, from
Minimizing Poverty Is a Government Initiative
The Progressive Era
Poverty reduction has remained a central debate in periodical democratic societies. Schemes have been established to enable citizens to be economically viable either at paid-employment or self-employment level. Activists, philosophers, and politicians have suggested technical, liberal, and legal approaches towards poverty eradication. In fact, most of the debate in relation to the field of poverty examines whether poverty is a natural phenomenon associated with human beings. As this report will identify, fighting poverty is a double-edged sword since, after all, poverty is not the only member of the league. Close players include capitalism and politics. The commencing research proves that reducing poverty is a sequential process that requires considerate participation from all stakeholders. The research will principally cite Darwin's Social Darwinism theory, the 1933-1936 national initiative New Deal and Johnson Lyndon Economic Opportunity Act.
Social Darwinism vs. Progressivism
Claeys, G. (2000). The "Survival Of The Fittest" And The Origins Of Social Darwinism. Journal of the History of Ideas, 61(2), 223.
Davies, G. (1992). War On Dependency: Liberal Individualism And The Economic Opportunity Act Of 1964. Journal of American Studies, 26(02), 205.
Hausman, W.J. (2007). Jason Scott Smith. Building New Deal Liberalism: The Political Economy of Public Works, 1933-1956. Enterprise and Society, 8 (2), 459-461.
Johnston, R.D. (2013). Review Class Unknown: Undercover Investigations of American Work and Poverty from the Progressive Era to the Present Pittenger Mark New York University Press New York. Journal of the Illinois State Historical Society (1998), 106 (2), 347-349.
Policy, Politics and Global Health Trends
The Affordable Care Act
The Affordable Care Act (ACA) was recently signed into law in America. This public policy impacts all citizens of the U.S.A. And has been controversial from its inception, not only because many people, who were promised by the President that if they liked their plan they could keep it, ended up having to get a new plan at a higher rate, but also because the very individuals who promoted the policy demonstrated a clear conflict of interest in doing so (Cesca, 2010).
The financial impact of the policy has been a serious one: rates have increased and people who cannot afford to buy health coverage are to be taxed if they do not buy it. Moreover the Act asserts that "healthcare is a right, not a privilege" (ak, Coffin, 2014, p. 317). However, by "enforcing" everyone to exercise that "right,"…
Cesca, B. (2010). Punishing the Health Insurance Cartel for Extortion and Fraud.
Huffington Post. Retrieved from http://www.huffingtonpost.com/bob-cesca/punishing-the-health-insu_b_321420.html
Coaltion for DSM-5 Reform. (2012). DSM5-Reform. Retrieved from http://dsm5-
Stategic Planning fo Maket Enty
Baies to Enty
Maket Enty Stategy Selection
Agents, Distibutos and Tading Houses Agents
Distibution and Sales Channels
Stategic Alliances, Licensing and Fanchising
Foeign Diect Investment
Finding the Right Patne
Negotiating a Patneship Ageement
The Ageement Checklist
Have the salient points of the ageement been ageed upon in pinciple?
Paticipants and thei Roles
Section 10: Managing Intenational Business Opeations
In this wok, the case study of Tesla Motos has been taken as an example to undestand the stategies of intenational businesses with paticula attention to Gemany. The wok begins with exploation of stategies pevasive in intenational makets with close attention to enty issues. The vaious foms of foeign investments and business like Geenfield, acquisitions, meges, and Joint Ventues…
Alon, I. (2012). Global franchising operations management: cases in international and emerging markets operations. Upper Saddle River, N.J, Financial Times.
Aswathappa, K. (2010). International business. New Delhi, Tata McGraw Hill Education.
Baron, R.A., & Shane, S.A. (2008). Entrepreneurship: a process perspective. Mason (OH), Thomson/South-Western.
Benjamin Levi, K.J. (2006). Market entry strategies of foreign Telecom companies in India. Wiesbaden, Dt. Univ.-Verl. http://dx.doi.org/10.1007/978-3-8350-9453-6 .