Potential Competitive Effects of Vertical Mergers: A How-To Guide for Practitioners

The purpose of this short article is to aid practitioners in analyzing the competitive effects of vertical and complementary product mergers. It is also intended to assist the agencies if and when they undertake revision of the 1984 U.S. Vertical Merger Guidelines. Those Guidelines are out of date and do not reflect current enforcement or economic thinking about the potential competitive effects of vertical mergers. Nor do they provide the tools needed to carry out a modern competitive effects analysis. This article is intended to partially fill the gap by summarizing the various potential competitive harms and benefits that can occur in vertical mergers and the types of economic and factual analysis of competitive effects that can be applied to those mergers during the HSR review process. The analysis in the article also identifies several legal and policy issues that the agencies would consider when they undertake the process of revising the Vertical Merger Guidelines. The Appendix contains a listing and summary of the vertical merger cases challenged by the DOJ and FTC since 1994

Proposal for the creation of a national network of global studies high schools

This is a proposal to seek private and public funding to create a national network of global studies high schools (GSHS). The aim of a network of GSHSs is to enlarge the leadership corps of the next generation and to equip its members to address mounting global challenges to the security, material welfare, and freedoms of the American people, the citizens of open societies everywhere, and those who are striving to join their ranks.Title VI National Resource Center Grant (P015A060066)published or submitted for publicationnot peer reviewe

Strengthening Governance of Small-Scale Fisheries: An Initial Assessment of the Theory and Practice

Preferred citation for this report: Basurto, X., Virdin, J., Smith, H. and R. Juskus. 2017. Strengthening Governance of Small-Scale Fisheries: An Initial Assessment of Theory and Practice. Oak Foundation.Often hidden in national statistics, small-scale fisheries have been poorly measured at a global level, and in thepast often ignored in states' policy-making. Yet estimates suggest their aggregate global contribution tonutrition, food security and poverty eradication is massive. The most recent estimates available suggest thatsmall-scale fisheries account for over 90 percent of the world's commercial fishers, processors and otherpersons employed along the value chain, equivalent to over 108 million people. Roughly half areemployed in the ocean and the other half in inland fisheries—making small-scale fisheries far and awaythe ocean's largest employer (greater than oil and gas, shipping, tourism, etc.). This level of activitytranslates into a large portion of the global fish catch: an estimated 46 percent of the total, and 38 percentof the fish caught in the ocean. SSFs are also estimated to provide over half the animal protein intake inmany of the world's least developed countries, and over half of the fish for domestic consumption indeveloping countries more broadly. In sum, in many regions of the world SSFs provide both incomes tohelp reduce poverty and safety nets to help prevent it

E-COMMERCE IN AGRICULTURE: DEVELOPMENT, STRATEGY, AND MARKET IMPLICATIONS

Marketing,

Capacity to Compete: Recent Trends in Access Regimes in Electricity and Natural Gas Networks

Ensuring access to a truly ‘European’ energy grid for every consumer and supplier in the European Union is a core objective of the single market project. From the first wave of liberalization directives up until the ‘draft’ framework guidelines of September 2010 on capacity allocation and congestion management being prepared by ERGEG on behalf of the new Agency for the Cooperation of Energy Regulators (ACER), the objective of the access regime in both sector is similar: to creating capacity to compete. The objective of this paper is to review and compare from a legal point of view the evolution of the EU access regime in the electricity and gas sectors. We find strong similarities for two otherwise very different sectors, as well as an influence of the electricity regime on the gas regime. The sector-specific regulatory regime, supported by the use of competition law, organises a market design in both sectors based as much as possible on short-term capacity allocation with a liquid secondary trading platforms. The imposition of UIOLI mechanisms and an increased focus on firmness of capacity is certainly the way forward but implementation still is an issue. The right portfolio of capacity durations that are to be proposed by TSOs also remains an open question. The specific features of these two commodities result however in slightly different results in practice. In electricity, the development of market coupling initiatives creates new regulatory challenges but price convergence is now in sight. In gas, the progress has been slower and efficiently functioning spot markets are yet to emerge.access regime; electricity; gas; European Union; competition law; framework guidelines

Governing the "New Economy": a 3-Phase Historical Model of Cumulative Gales of Creative Destruction of the United Kingdom Internet Service Providers' Market

This article documents the industrial dynamics and the innovation processes inherent in the fast emerging dial-up Internet access segment of the new telecommunication sector in the United Kingdom for the period between 1992 - 2002. It shows that evolving market structures and related products and service innovation in the wholesale and retail branches of the UK Internet Service Providers' market have to be understood in the context of: a) an entrepreneurial thrust that seizes the advantage of a glut of finance accumulated from the privatization of the utilities; b) the evolution of the relationship between the UK voice and data transfer markets after the privatization of British Telecommunications and the strategic development of its 'intelligent network'; c) the related network technologies and services available for deployment at the start of the implementation of the Internet as a mass infrastructure; d) BT's quasi-monopoly in call origination and finally e) the wider evolutionary industrial dynamics, i.e. a cumulative process of conjectures and feedback loops of market power, strategic management and transformation in corporate and institutional governance following the market's expansion and the transition from metered to unmetered dial up Internet access.innovation and industrial dynamics, dial-up Internet, United Kingdom

Revising the U.S. Vertical Merger Guidelines: Policy Issues and an Interim Guide for Practitioners

Mergers and acquisitions are a major component of antitrust law and practice. The U.S. antitrust agencies spend a majority of their time on merger enforcement. The focus of most merger review at the agencies involves horizontal mergers, that is, mergers among firms that compete at the same level of production or distribution. Vertical mergers combine firms at different levels of production or distribution. In the simplest case, a vertical merger joins together a firm that produces an input (and competes in an input market) with a firm that uses that input to produce output (and competes in an output market). Over the years, the agencies have issued Merger Guidelines that outline the type of analysis carried out by the agencies and the agencies’ enforcement intentions in light of state of the law. These Guidelines are used by agency staff in evaluating mergers, as well as by outside counsel and the courts. Guidelines for vertical mergers were issued in 1968 and revised in 1984. However, the Vertical Merger Guidelines have not been revised since 1984. Those Guidelines are now woefully out of date. They do not reflect current economic thinking about vertical mergers. Nor do they reflect current agency practice. Nor do they reflect the analytic approach taken in the 2010 Horizontal Merger Guidelines. As a result, practitioners and firms lack the benefits of up-to-date guidance from the U.S. enforcement agencies

Strengthening Organizations to Mobilize Californians: Lessons Learned from a Major Initiative to Build the Capacity of Civic Engagement Nonprofits

From 2008 to 2010, twenty-seven community organizing nonprofits in California took part in an unusual and ambitious statewide initiative, Strengthening Organizations to Mobilize Californians (the "Initiative"). Funded by three leading foundations -- The James Irvine Foundation, The William and Flora Hewlett Foundation and David and Lucile Packard Foundation -- the Initiative sought to help nonprofits strengthen their organizations by focusing on such key areas as leadership, decision-making, communication and fundraising.The premise was that stronger organizations could better meet the needs of communities and give their residents more of a voice in civic life. Thus, through the Initiative each foundation sought to support its broader purpose, from improving educational opportunities and access to health care to increasing civic engagement and reforming California's governance system to better reflect the state's diversity.The Initiative specifically explored how different approaches to working with organizations supported change. How did peer exchanges compare with trainings that relied more on expert input? Would convenings enable the kind of networking that organizations need to develop and build momentum for their ideas? How much additional benefit would nonprofits derive from additional coaching time? Findings from the Initiative hold implications for other philanthropic staff members who seek to design, implement and improve capacity building.The insights and lessons presented in this report were distilled through an assessment process that included:A review of data gathered through Event Feedback Forms completed by participants at each activity and event over the course of the InitiativeA post-Initiative survey administered online to all participating organizations, with a response rate of 39 individuals representing 24 out of 27 organizations (89%)Two focus groups attended by 10 executive directors and senior staff from participating organizationsReflective conversations with the foundation partner