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46839 results in Management

Page 679 of 2342

  • 3 - The Firm in Competition Law

  • from Part I - The Conception of the Firm
  • Florence Thépot, University of Glasgow
  • Book:
    The Interaction Between Competition Law and Corporate Governance
    Published online:
    01 February 2019
    Print publication:
    14 February 2019, pp 33-46

  • Summary

    Part I of this book critically assesses the distinctive conception of the firm that prevails in competition law, in light of issues of contemporary relevance. Chapter 3 introduces such a conception, reflected in the concept of undertaking, and in the single entity doctrine. In the EU, the concept of undertaking, defined as any entity engaged in economic activity, determines the substantive reach of competition law. In the EU and in the US, the single entity doctrine supports the idea that relationships among entities forming part of a single entity should be immune from the prohibitions on anticompetitive agreements. The doctrine is thereby used to distinguish an undertaking from the other, and to ascertain whether entities will be subject to competition law either separately or jointly. In the EU, the doctrine is also used to attribute liability in case of undertakings composed by economically affiliated but legally independent companies. Theoretical concepts used to define the boundaries of the firm may also be used for determining all activities which should be left outside the realm of competition law: non-economic activities and matters that relate to the internal organisation of companies. However, attribution of liability demands an alternative framework, based on the agency theory.

  • Certifying Private Security Companies: Effectively Ensuring the Corporate Responsibility to Respect Human Rights?

  • Sorcha MACLEOD, Rebecca DEWINTER-SCHMITT
  • Journal:
    Business and Human Rights Journal / Volume 4 / Issue 1 / January 2019
    Published online by Cambridge University Press:
    14 February 2019, pp. 55-77

  • The key purpose of this article is to critically assess the extent to which auditing and certification to quality assurance and risk management standards containing human rights-related requirements are an adequate and effective means of ensuring that private security companies internalize their responsibility to respect human rights. Based on participant observation, interviews and publicly accessible data, it concludes that in the absence of the adoption of specific assurance measures in the certification and oversight processes, the constructivist ‘tipping point’ resulting in the internalization of the corporate responsibility to respect may not be attained when there is inadequate norm compliance or, worse yet, norm regression.

Page 679 of 2342