{"title":"Loan to Directors: Guarantee Against Loan from Banks and Financial Institutions -- A Perspective from Section 185 of the Companies Act, 2013","authors":"Adv. Bansal, Adv. Bansal","doi":"10.2139/SSRN.2490336","DOIUrl":"https://doi.org/10.2139/SSRN.2490336","url":null,"abstract":"India saw the enactment of the Companies Act, 2013 (\"Act\"), replacing the Companies Act, 1956, which governed the incorporation, functioning, transactions and other activities of the companies in India. Witnessing uproar from corporate India, much discussion was seen in the arena of loans and guarantees, e-commerce business, and corporate social responsibility, amongst others. This article, while examining the provisions of section 185 of the new Act, throws light specifically on guarantees against loans from banks and financial institutions.","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124897465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Role of Local Private Universities in Increasing Labour Productivity in Malawi","authors":"B. Kampanje","doi":"10.2139/ssrn.2371702","DOIUrl":"https://doi.org/10.2139/ssrn.2371702","url":null,"abstract":"Demand for tertiary education is ever increasing in developing countries such as Malawi. Current statistics indicate that enrolment in Malawian private local universities has surpassed that in public universities. There is however no empirical evidence on whether the private-owned service providers have ultimate objective of increasing labour productivity through the degree programmes awarded to the graduates leaving those institutions. There is looming danger of adverse regulation as the general public is ever demanding quality tertiary education to justify tuition fees paid and the impact of tertiary education to Malawian’s GDP. This paper therefore strives to develop policy formulation which local private universities can adopt towards implementing quality assurance standards as source of attracting higher student enrolment through focusing on increased labour productivity in Malawi as the core objective of existence.","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"23 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131750726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Dividends: Publicly Listed Brazilian Companies’ Propensity to Pay or Not to Pay","authors":"J. Procianoy, D. Vancin","doi":"10.2139/ssrn.2447972","DOIUrl":"https://doi.org/10.2139/ssrn.2447972","url":null,"abstract":"We exploit a feature in Brazilian regulation that requires firms to pay a minimal dividend (depending on the firm’s bylaws and yearly income) to study the factors influencing firms to pay above minimum rates. Due to this fact we consider their desire to pay occurs only when they pay an amount higher than this minimum, otherwise it is their law or contractual obligation fulfillment. To this end, a logit model was employed to separate firms that pay their obligatory minimum (legal & contractual) from those that pay rates higher than the minimum and then a multiple regression model was used to test which variables influenced the firms in the second of these groups to pay higher dividends, analyzing a sample of 1118 dividend distributions from 2007 to 2011. It was found that the variables debt, investment, ownership concentration and stability of dividends policy influenced companies listed on the Brazilian stock exchange to pay higher remuneration rates than their obligatory minimums. This study contributes to understanding of the subject of dividends by focusing on the “extra” portion, meaning real decision to pay dividends. No legal and bylaws deep interpretation may bring us a misunderstanding of financial decisions.","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123879632","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Combatting Anticompetitive Interlocks: Section 8 of the Clayton Act as a Template for Small and Emerging Economies","authors":"M. Jacobs","doi":"10.2139/ssrn.2353703","DOIUrl":"https://doi.org/10.2139/ssrn.2353703","url":null,"abstract":"Interlocking directorates, or management interlocks, appear to be relatively common occurrences in many countries. While the practice generally is not considered to be harmful to competition, interlocks that involve competitors can raise serious concerns because of the potential to facilitate collusion or otherwise contribute to the establishment or maintenance of tacit or oligopolistic coordination. Those concerns may be particularly acute in small economies like Chile, which are characterized by tight oligopolies and limited enforcement resources. While competition authorities in Chile have been able to address competitively troublesome interlocks in a few instances, this paper contends that the current framework there — as it is likely to be in similar small and emerging economies — is inadequate for dealing with the problem in a systematic and cost-effective manner. Rather, it argues that following the model of section 8 of the Clayton Act, with an absolute ban on direct competitor interlocks and perhaps de minimus exceptions tailored for the particular economy, provides a far more useful template to address the issue. Other interlocks that do not involve direct competitors, but that otherwise raise competitive issues, could be addressed under the general competition laws. Such an approach provides an efficient and economical tool for avoiding the potential harms that can accompany anticompetitive interlocks, while still allowing companies to benefit from the practice in situations that are unlikely to raise competitive issues.","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117217156","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Regulation of Combinations Under the Competition Law in India","authors":"Shivam Goel","doi":"10.2139/ssrn.2485557","DOIUrl":"https://doi.org/10.2139/ssrn.2485557","url":null,"abstract":"What is the meaning of the term Combination in regards to the Competition Act, 2002? How combinations can be regulated in terms of powers and authority expressly granted to the CCI? How appreciable adverse effect on competition can be evaluated in regards to combinations? What is the procedure of inquiry as so undertaken by the CCI when market competitiveness of a Combination is evaluated? What is the jurisprudential basis of Section 5 & 6 of the Competition Act, 2002, as also of Section 20(4) read in terms with the Combination Regulations 2011? What are the relevant merger thresholds in practice at present? These are some of the moot questions, which the Researcher attempts to answer in this research paper.","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131163377","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Regulatory Capitalism, Globalization and the End of History","authors":"P. Drahoš","doi":"10.2139/ssrn.2449920","DOIUrl":"https://doi.org/10.2139/ssrn.2449920","url":null,"abstract":"Regulatory capitalism is a capitalist order in which actors, both state and non-state, use a wide array of techniques to influence market behaviour. Many actors find themselves in regulatory relationships, relationships in which they are sometimes the regulator and in other contexts the regulatee. Regulatory capitalism is characterized by webs of relationships and interactions that produce what scholars within the University of Hokkaido Global COE program term 'multi-agential governance'. The globalization of regulation has seen many more regulatory states become 'regulatees' in various domains, meaning they have taken on standards set elsewhere. Comparatively few states can claim to have been standard-setters as opposed to standard-takers in the process of regulatory globalization. Using as point of departure the study of regulatory globalization that I conducted with my colleague John Braithwaite, which was published in 2000 under the title of Global Business Regulation (GBR), I want to focus on the rise of Brazil, Russia, India, China and South Africa (BRICS) as agents of regulatory globalization rather than as emerging markets.","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"86 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121654605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
David S. Evans, Vanessa Yanhua Zhang, Xinzhu Zhang
{"title":"Assessing Unfair Pricing Under China's Anti-Monopoly Law for Innovation-Intensive Industries","authors":"David S. Evans, Vanessa Yanhua Zhang, Xinzhu Zhang","doi":"10.2139/SSRN.2403159","DOIUrl":"https://doi.org/10.2139/SSRN.2403159","url":null,"abstract":"China, like a number of other antitrust jurisdictions, has a law concerning unfair pricing. This article develops an economic framework for applying the unfair pricing law in China. The framework draws on the experience of courts and competition authorities in other jurisdictions and the writings of various commentators, particularly economists, on unfair pricing in those jurisdictions.","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"154 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116209715","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A. Elbittar, Ernesto M. Flores-Roux, Elisa V. Mariscal, M. Cave
{"title":"Injecting Competition in Broadcasting through MCMO Regulations: Some Recommendations for Mexico","authors":"A. Elbittar, Ernesto M. Flores-Roux, Elisa V. Mariscal, M. Cave","doi":"10.2139/SSRN.2403048","DOIUrl":"https://doi.org/10.2139/SSRN.2403048","url":null,"abstract":"What was the original market failure that made this regulation necessary? Alexander Elbittar, Ernesto Flores-Roux (CIDE), Elisa Mariscal, (CIDE & Global Economics Group), & Martin Cave (Imperial College London & U.K. Competition Commission)","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123826402","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Analysing Competition in the Quick Service Restaurant Industry","authors":"K. Krishna","doi":"10.2139/ssrn.2402180","DOIUrl":"https://doi.org/10.2139/ssrn.2402180","url":null,"abstract":"The food and beverage industry is a thriving sector in the Indian market. Quick Service Resteraunts constitute a important part of this sector. Fast food restaurants feature a common menu above the counter; they provide no wait staff; and customers typically pay before eating and choose and clear their own tables. These restaurants are also known as quick serve restaurants (QSRs). They emphasize on speed of service, low cost and convenience. Also they can have a take away and/or home delivery format. Since the Quick-Service Industry is a cutthroat business where profits are slim and competition is high, ‘staying on top’ is a daily struggle. The Quick-Service Restaurant industry is a multi-billion dollar global industry that consists of multiple and diverse players in a market that shows no signs of tapering off. Success in this type of business comes from the simple model of offering remarkable customer service bundled with a great tasting product. Industry leaders use strategic methods and tactics like differentiation, separating their products from the competition, to cost-leadership, becoming the lowest cost producer, to a focused target, where a firm tailors there product to specific customers, to a combination off all three. Yet, standing out or even staying relevant in this industry is an extremely difficult task. Companies must maintain their strong standardized organizational design in order to make a profit through high volume while realizing and accepting the fact that the QSR Industry is one of the fastest evolving industries in the world.","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133889946","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Enforcement Under China’s Anti-Monopoly Law: So Far, So Good?","authors":"Xiaoye Wang, Adrian Emch","doi":"10.2139/ssrn.3518918","DOIUrl":"https://doi.org/10.2139/ssrn.3518918","url":null,"abstract":"With the launch of the Opening-Up and Reform Policy in the late 1970’s, China has undertaken the difficult transition from a planned economy to a market economy. In parallel with the significant economic reforms, China's legal system has been remodelled. The Anti-Monopoly Law is a key law in China’s effort to lay out the legal framework for an effective market economy.<br><br>Each of the three antitrust enforcement agencies in China has achieved progress, and private litigation in courts is evolving quickly. Nonetheless, as China’s transition has not been completed, it is natural that antitrust enforcement encounters considerable challenges. The lawsuit against the General Administration of Quality Supervision, Inspection and Quarantine, the questions raised in relation to the China Unicom/China Netcom merger and the issue in the TravelSky case illustrate some of these challenges. <br><br>China should continue its efforts to increase the effectiveness of antitrust enforcement. In particular, it is necessary to raise the awareness in society about the concept of competition and the importance of competition policies, and to improve the authorities' antitrust enforcement capabilities.","PeriodicalId":424970,"journal":{"name":"Emerging Markets Economics: Industrial Policy & Regulation eJournal","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123365478","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}