The EU’s new competition policy standards

In a 2008 article in the EU’s Competition Policy Newsletter, Peter Lowe, Director General of the EU Commission’s Directorate Competition, synthesised the experience of his office with regard to the design of competition policy institutions for the 21st century. A year earlier, he had co-authored another article, appearing in the same venue, recapitulating the Commission’s lessons learned from the Energy Sector Inquiry and the need for effective unbundling of energy transmission networks. The reader of both, at first astounded by the apparent gap between policymaking reality and reflections upon it, soon detects a rather pragmatic approach to shaping regulatory agendas. But are there limits to expediency?     

Mehrwertsteuererhöhung: Keine nachhaltige Konsolidierung

Ohne Zusammenfassung     

Warum Vertrauen wichtig ist — Der ökonomische Blickwinkel

Die Finanzkrise hat die ?ffentliche Aufmerksamkeit auf eine der Grundstützen des marktwirtschaftlichen Systems gerichtet: das Vertrauen der Marktteilnehmer untereinander. Friedrich L. Sell und Marcus Wiens erl?utern die verschiedenen Sph?ren des Vertrauens (Zweierbeziehung, Gruppe, gesamte Gesellschaft), welche Risiken mit dem Vertrauen verbunden sind und wie diese überwunden werden k?nnen.     

The PEARL Model: Gaining Competitive Advantage Through Sustainable Development

This article formulates institutional virtues according to sustainable development (SD) criteria to come up with a paradigmatic set of corporate principles. It aims to answer how a corporation might obtain competitive advantage by combining “going ethical” with “going green.” On the one hand, it brings out facts that indicate a forthcoming trend inclined to force relevant actors to comply with SD requirements. On the other hand, it suggests that SD may be implemented as a strategy to gain competitive advantage by the help of the PEARL model through its five fundaments: (1) perception friendliness, (2) environment friendliness, (3) action, (4) relationship, and (5) locality. This article finally shows that although a number of companies (e.g., Bosch, BP, and GE) implement SD as a tool of differentiation, they lack a holistic model that is fully responsive to current dynamics. The PEARL may be implemented as a proactive positioning to gain competitive advantage because transformation of this model into corporate strategy does not only respond to “stakeholder” claims, but also meets the changing characteristic of “societal demands.”     

Strategy Development: Conceptual Framework on Corporate Social Responsibility

Corporate social responsibility (CSR) and its action-oriented offspring Corporate Citizenship (CC) currently trigger an intensifying debate on ethics, role and behavior of companies within civil society. For companies, CSR raises the question of what may be the “good reason(s)” for acting responsible towards its members, customers or society. In order to answer this question, we face the debate on CSR and its strategic engagement drivers on the levels of corporate culture, social innovation, and civil society. In this article, we provide a conceptual framework based on the analytic distinction of legitimation and sensemaking. The conceptual framework developed in this article can serve as a basis to develop a company’s CSR strategy. It provides measures and instruments to make complex CSR processes more visible and manageable.     

Corporate Responsibility for Economic,Social and Cultural Rights: Rights in Search of a Remedy?

It is no longer a revelation that companies have some responsibility to uphold human rights. However, delineating the boundaries of the relationship between business and human rights is more vexed. What is it that we are asking corporations to assume responsibility for and how far does that responsibility extend? This article focuses on the extent to which economic, social and cultural rights fall within a corporation’s sphere of responsibility. It then analyses how corporations may be held accountable for violations of such rights. Specifically, the article considers the use of soft law as a protective mechanism; it also details how victims of harmful corporate behaviour are using litigation (pursuant to ATCA and common law domestic causes of action) to seek redress and recognition of the harms they have directly or indirectly experienced. The article concludes with an analysis of Professor Ruggie’s (the United Nations Special Representative on the issue of transnational corporations and human rights) 2008 and 2009 Reports in which it is suggested that a respect-based framework must be interpreted as imposing proactive requirements on companies to prevent the infringement of human rights. Future efforts must also be directed towards the recognition of a specialised complementary corporate responsibility to protect human rights.     

A Model for Partnering with Not-for-Profits to Develop Socially Responsible Businesses in a Global Environment

Responsible risk management is central to banking ethics. With the 1999 publication of the Basel Committee’s proposal, Basel II, for a New Capital Accord to replace the 1988 agreement, Basel I, an attempt has been made to address the problem of correlating banks’ risk management with their capital requirements. The Basel II framework, finalised in June 2004, is designed to improve risk management by using models based on past performance to help set the amount of capital banks are required to hold by regulators, with the purpose of improving the efficiency of capital allocation. The objectives of this study are to investigate how banks generally, but particularly those located in China, could improve their risk management systems and what the implications of these new regulations are for them. Three relevant propositions were formulated, namely, Basel II will improve risk management; Basel II will improve capital allocation efficiency; and compliance with advanced risk management systems is biased in favour of the large banks. Evidence was assembled with which to evaluate these three propositions by gathering relevant primary data by means of a representative survey of Chinese banking executives involved in risk management. The findings strongly support the first two of the above propositions and partly support the third proposition.     

On Multinational Corporations and the Provision of Positive Rights

Insights from contemporary psychology can illuminate the common psychological processes that facilitate unethical decision making. I will illustrate several of these processes and describe steps that may be taken to reduce or eliminate the undesirable consequences of these processes. A generic problem with these processes is that they are totally invisible to decision makers – i.e., decision makers are convinced that their decisions are ethically and managerially sound.     

The Role of Religiosity in Business and Consumer Ethics: A Review of the Literature

This study investigates antecedents of corporate social responsibility (CSR) in multinational corporations’ (MNCs’) subsidiaries. Using stakeholder theory and institutional theory that identify internal and external pressures for legitimacy in MNCs’ subsidiaries, we integrate international business and CSR literatures to create a model depicting CSR practices in MNCs’ subsidiaries. We propose that MNCs’ subsidiaries will be likely to adapt to local practices to legitimize themselves if they operate in host countries with different institutional environments and demanding stakeholders. We also predict that MNCs’ subsidiaries will be likely to adapt to local practices to avoid spillover effects if their parent companies suffer major legitimacy problems at home or abroad. However, we speculate that MNCs’ subsidiaries will be less likely to adapt to local practices if they are strongly annexed to their parent companies and the benefit to gain internal legitimacy outweighs external legitimacy. This article contributes to the discourse on CSR across borders by exploring the antecedents of CSR practices in MNCs’ subsidiaries at social and organizational levels, and integrating institutional and stakeholder views. We provide a number of propositions for future studies and explore implications for practitioners.