COMPETITION LAW
EFFECTIVE TOOL FOR GOOD CORPORATE GOVERNANCE IN INDIA
Submitted to Prof. I. Sridhar Legal Aspects of Business IIM Indore
By Vinod Kumar 2012FPM20 Section F IIM INDORE
TABLE OF CONTENTS
CONTENTS PAGE NO.
A. Introduction 1. Introduction...............................................................................................3 B. Analysis 2. Analysis of property rights in the case of tangibles................................4 3. Common features of Intellectual property rights...................................6 4. Common features of Intellectual property rights..................................12 5. The extension of property rights to new objects....................................15 C. Existing systems 6.
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Competitive business environment and appropriate good Corporate Governance have a nexus, the former fuelling, influencing and impacting the latter and the latter seeking to meet the challenges of the former. For Corporate Governance, inhering Competition principles in policy making would appear sine qua non. Corporate Governance consequently needs to fashion itself to meet Competition and prevent enterprises indulge in (inadvertently or otherwise) anti-competitive practices. Corporate Governance needs to incorporate the interests of consumers and economic development. Competition maximizes incentives to innovate, engage in new promising activities, offer better services and wider choices at lower prices. The continuous quest for efficiency and improvement is not merely a result of the competitive process, it is the competitive process, where companies- small, medium-sized or large- concentrate on becoming as efficient as possible, rather than on surviving by other (illegal) means, their competitiveness will increase whether they operate in their domestic market or in the worldwide stage. Competition law understood the need of good corporate governance for fair competition. The need for implementation of good Corporate Governance strategy is not only social, but there are good economic reasons also. The Companies possessing Governance practices are more likely to gain a competitive advantage over their counterparts. The benefits that
Corporate governance is a set of actions used to handle the relationship between stakeholders by determining and controlling the strategic direction and performance of the organization. Corporate governance major concern is making sure that the strategic decisions are effective and that it paves the way towards strategic competitiveness. (Hitt, Ireland, Hoskisson, 2017, p. 310). In today’s corporation, the primary objective of corporate governance is to align top-level manager’s and stakeholders interest. That is why corporate governance is involved when there is a conflict of interest between with the owners, managers, and members of the board of directors (Hitt, Ireland, Hoskisson, 2017, p. 310-311).
Corporate governance in itself has no single definition but common principles which it should follow. For example in 1994 the most agreed term for corporate governance was “the process of supervision and control intended to ensure that the company’s management acts in accordance with the interest of shareholders” (Parkinson, 1994)1. Corporate governance code is not a direct set of rules but a self-regulated framework which businesses choose to follow. This code has continued to change in the past 20 years in accordance with what is happening in the business world. For example the Enron scandal caused reform in corporate governance with the Higgs Report which corrected the issues which were necessary. Although it does not quickly fix problems, it gives a better framework to
Phenomenal growth of interest in corporate governance has emerged in recent years. The body of literature on the subject has grown markedly in response to successive waves of large corporate failures. Furthermore, there have been numerous attempts to define what constitutes ‘good corporate governance’ and to provide guidelines in order to enhance the quality of corporate governance.
The article is written to help readers gain a solid understanding the roles of corporate governance, both inside and outside the company. Its goal is simply to impart information, not make claims or arguments on its own. I will be judging it mainly on the sources gathered, numerous examples and explanations given and the overall effectiveness it possesses in effectively communicating its ideas.
One of the prevalent belief is that corporations were set up solely to maximize profit to shareholders. Unlike other business models, corporations have the sole status of being viewed as a ‘legal person’, with the rights similar to natural citizens including “engage in business and contracts, initiate lawsuits, and itself be sued” (Business Dictionary). This unique classification provides corporations with the rare opportunity to take advantage of the power corporations have to benefit society and the economy. One such example is the potential for companies to incorporate under a B-Corp (Benefit Corp) structure rather than as a C-Corp. The way that a companies structures itself can have significant implications on its corporate governance.
Corporate Governance: It is very important for an organisation to follow rules and regulations. To be a successful company rules and regulations are must to be followed. An analysis of Caltex Australia Ltd. report, there has been proper governance mechanism followed at Caltex for the purpose of ensuring efficient performance levels. There has been a separate corporate governance statement that discloses about the corporate performance levels and governance mechanism as followed by the company. As per the governance statement, it is analysed that there are sound principles and practices that are required to be followed by employees working in the organisation. As for example, corporate governance at Caltex indicates that the employees are required
The conceptual framework states that physical practice is not essential to the existence of an asset that is why patent and copyright are regarded as asset if future economic benefits are expected to flow to the entity and if is controlled by the entity. There has aroused a serious problem in defining intangible assets in
Other areas such as Traditional Knowledge, which have pre-existed Intellectual Property rights, have garnered increased interest due to the threat of exploitation in the commercial world. However, just as there is evolution, limitations to these rights exist in the forms of social, economic, and moral considerations; as well as governmental interference, other territorial limitations and temporal
Good governance will not result from a mindless quantities compliance with a governance code or rules. Good governance involves fairness, accountability, responsibility and transparency on a foundation of intellectual honesty. One has to employ one’s practised abilities and honestly apply one’s mind in an unfettered and unbiased manner in making a decision that is in the best interests of the company.
It is essential to know that every single event that occurs within a business has an external impact that can be social, economical, physically, etc. Good governance prevents businesses from performing illegal operations that benefit them but have a negative impact in other aspects. Good corporate governance also includes obeying the law, the two are not separated. In order for a company to be fully governed in an appropriate manner, it needs to follow the law and make it a norm to perform every action legally. Below are characteristics that best describe a business with good
There are many theories, arguments or justification available for Intellectual Property rights. However, five basic arguments can be use namely natural rights arguments, reward arguments, incentive arguments, neoliberal economics and arguments from democracy. This essay will focus on the natural rights arguments.
The first part of this paper will describe how the landscape has changed for business operations due to environmental, economic and social reasons. It will set out the evolution of corporate governance as a result of historical events and academic debate and suggest that, ultimately, the top-down, narrow paradigm of mainstream business, namely profit
Corporate governance broadly refers to the mechanisms, processes and relations by which corporations are controlled and directed. Corporate governance has also been more narrowly defined as "a system of law and sound approaches by which corporations are directed and controlled focusing on the internal and external corporate structures with the intention of monitoring the actions of management and directors and thereby, mitigating agency risks which may stem from the misdeeds of corporate officers. Governance structures and principles identify the distribution of rights and responsibilities among different participants in the corporation
Furthermore, each company has different objectives and seeks their own benefit. When they have corporate governance practices in common it influences the economy of a country, and therefore growth in their development. This is because the investors or “financial institutions abroad, will be more attracted to inject resources”. Consequently, the companies will access to better conditions in international capital markets, being, ultimately, less exposed to the economic crisis.
Corporate Governance refers to the way a corporation is governed. It is the technique by which companies are directed and managed. It means carrying the business as per the stakeholders’ desires. It is actually conducted by the board of Directors and the concerned committees for the company’s stakeholder’s benefit. It is all about balancing individual and societal goals, as well as, economic and social goals. Corporate Governance is the interaction between various participants (shareholders, board of directors, and company’s management) in shaping corporation’s performance and the way it is proceeding towards. The relationship between the owners and the managers in an organization must be healthy and there should be no conflict between the