How did investor‐state dispute settlement get a bad rap? Blame it on NAFTA,of course

In the short history of the US bilateral investment treaty (BIT) programme, there have been no instances of dispute settlement cases initiated against the United States by firms from BIT countries. The NAFTA experience changed that. Where other studies have only hinted at the reasons for NAFTA controversies, this paper makes clear three causal factors: (i) changing patterns and intensity of FDI, (ii) the application of those rules to developed countries amid those changing FDI patterns and (iii) ambiguities in ISDS rules themselves. The paper explores these and traces the ways in which lessons of the NAFTA have been instrumental in changing the pursuit of investment protection agreements. BITs used to be uncontroversial, but the NAFTA focused attention on reforms to ISDS that maintain the utility of BITs in the governance of FDI, without creating a legal structure for simply challenging the state.     

Firm Heterogeneity and Export Pricing in India

We examine export pricing by Indian manufacturing firms in the early 2000s using a unique data set that matches firm characteristics with product and destination‐level trade data. We find that, in contrast to China and other countries, firm productivity is negatively associated with export prices, and export prices are negatively associated with distance while positively associated with remoteness. Our conjecture is that Indian innovation costs, which are higher than China's, drive down the scope for quality differentiation causing a negative association between productivity and prices. To the best of our knowledge, this is the first empirical evidence consistent with heterogenous goods and short quality ladders, a theoretical possibility noted in the study by Antoniades (2012), an outcome that arises here because of domestic Indian economic and regulatory features.     

Abatement and Allocation in the Pilot Phase of the EU ETS

We use historical industrial emissions data to assess the level of abatement and over-allocation that took place across European countries during the pilot phase (2005–2007) of the European Union Emission Trading Scheme. Using a dynamic panel data model, we estimate the counter factual (business-as-usual) emissions scenario for EU member states. Comparing this baseline to allocated and verified emissions, we find that both over-allocation and abatement occurred, along with under-allocation and emissions inflation. Over the three trading years of the pilot phase we find over-allocation of approximately 280 million EUAs and total abatement of 247 Mt CO₂. However, we calculate that emissions inflation of approximately 73 Mt CO₂ also occurred, possibly due to uncertainty about future policy design features.     

More bang for the buck: Getting the most from accident investigations

An Incident Investigation system based on a combination of Fault Tree Analysis logic and the Deming Principles of Systems and Quality was developed during a three-year period. The system was given an excellent test in the investigation of the explosion of a tank car filled with methacrylic acid. In this case, the Event Tree constructed during the investigation was easily converted into a Fault Tree. The Fault Tree so constructed was then used to evaluate the effectiveness of proposed corrective changes to the production, loading, and analytical systems before the changes were actually implemented. By making use of these tools to guide the addition of feedback loops (“And” Gates in fault Tree terminology), the intrinsic safety of the methacrylic acid production and shipping system was greatly enhanced at a relatively low cost.     

Economic development lessons from and for North American Indian economies*

This paper reviews the literature on economic development as it relates to indigenous people in the United States and Canada, and focuses on how institutions affect economic development of reservation and reserve economies. Evidence shows that strong property rights to reservation and reserve land and natural resources, whether communal or individual, are and always have been important determinants of productivity. Political and legal institutions that are perceived as stable and predictable to tribal members and to non‐Natives also improve economic opportunities for indigenous people living on reservations and reserves. Research reviewed here also shows that culture and acculturation are important in the development process. Although our emphasis is on North America, the findings are applicable to indigenous people in other parts of the world and shed light on growth questions that loom large for developing countries around the world.     

Supplier Development Responsibility and NPD Project Outcomes: The Roles of Monetary Quantification of Differences and Supporting‐Detail Gathering

Firms increasingly rely on suppliers to perform tasks in new product development (NPD). Research has only recently begun to focus on the processes to manage this supplier development responsibility, and has hardly investigated how firms collect and analyze information regarding the cost and performance of alternative supplier offerings. Our study addresses this gap, through a field survey among 144 paired samples of project leaders and cost analysts involved in the same NPD projects. On the basis of literature and qualitative research, we conceptualize a substantive model. We first use a substantive validity assessment to vet the measures for the proposed constructs. We then test the substantive model with structural equation modeling using a multiple‐sample analysis. The results strongly show that monetary quantification of differences and detail gathering play significant roles in successfully leveraging supplier development responsibility. The findings support the hypothesis that the extent of development responsibility that suppliers have leads the development team to a more focused monetary quantification of the differences in alternative supplier offerings. Monetary quantification of differences has a significant, positive effect on the extent of supporting‐detail gathering and on the development speed of the project, whereas supporting‐detail gathering has a significant, positive effect on the product advantage of the new product as well as development speed. These findings are robust across the two functional perspectives. Our study complements the literature on interfirm control and monitoring by demonstrating the effects of selective and focused output controls.     

BOOK REVIEWS

Purpose: Companies engage in business relationships for a variety of reasons, including specialization, product development, and building competitive networks. Research has demonstrated that mergers and acquisitions (M&As) may challenge ongoing business relationships. The purpose of this article is to investigate whether and how competition authorities consider business relationships when evaluating M&As.

Methodology: The article uses the documentation from 450 M&As reported to the Swedish competition authority to capture the way in which an authority evaluates M&As. The Swedish competition authority evaluation corresponds to other national and international evaluation procedures.

Findings: The findings indicate that the competition authorities neglect an important aspect of business life, namely companies forming business relationships. The competition authorities evaluate M&As on the basis of risk for price increases, and consequently disregard such issues as heterogeneity in demand and offerings, and values built into existing business relationships.

Originality/Value/Contribution: The article contributes to research on business relationships through exploring how a public authority deals with such relationships. It also contributes to research on mergers and acquisitions through examining how these activities are evaluated by competition authorities. Furthermore, the article contributes to competition research by reflecting on competition law concerning M&A regulations in relation to business relationships.