O Direito Internacional da Concorrência é o ramo do direito que protege o exercício da liberdade de concorrência. Liberdade esta que, com o desenvolvimento do mundo globalizado, vem sendo atacada pelas multinacionais, causando prejuízo às economias tanto locais quanto internacionais, assim como aos consumidores, se fazendo necessária a intervenção estatal para regulação desses conflitos. Entretanto, emerge um novo conflito quando o Estado detém o controle acionário de uma empresa, como é o caso das empresas estatais. Tal panorama vem se agravando e causando conflitos concorrenciais no cenário global. A China, país em que tradicionalmente o governo detinha controle de todas as empresas nele constituídas, após a abertura de mercado, vem adotando constantes reformas de políticas de mercado com o viés de introduzir a alta tecnologia e expandir as relações comerciais com os demais países do mundo. Hodiernamente, após as reformas comerciais e estruturais das empresas estatais, a China determinou que setores-chave considerados importantes para segurança econômica chinesa serão de controle estatal, isto é, com monopólio estatal. Isto posto, a presente investigação procurou verificar se as empresas estatais chinesas estariam abusando de sua posição dominante para além das fronteiras e infringindo, sobretudo, a própria legislação concorrencial da China, cuja promulgação fora exigida pelos demais membros da Organização Mundial do Comércio. A investigação se dividiu em três partes essenciais: primeiro sobre as transformações econômicas, mercantis, sociais e jurídicas chinesas, principalmente no período posterior ao século XX; na segunda parte, se tratou do direito concorrencial na China, confrontando-o com as empresas estatais; e no último capítulo, foram verificados casos administrativos e judiciais perante os órgãos de regulamentação concorrencial. Pretendeu-se, pelo método dedutivo de pesquisa, verificar se a dicotomia formada entre a proteção governamental às empresas estatais fere a liberdade de um mercado competitivo. Buscou-se, assim, verificar se a atividade das empresas estatais chinesas ocupou fatia relevante de mercado a ponto de abusar da sua posição dominante e se é a China um palco para a aplicação de penalidades, visando à ordem e à liberdade concorrencial. Conclui-se que ocorre tratamento desigual na imposição de penalidades por práticas de abuso de posição dominante quando se tratam de empresas estrangeiras e empresas estatais chinesas. Denotou-se por meio da análise casuística que os esforços dos órgãos de fiscalização concorrencial chineses no combate a práticas anticoncorrenciais são alcançados, até o presente momento, quando versam sobre empresas estrangeiras, enquanto que as empresas estatais recebem tratamento dessemelhante e permissivo às práticas monopolistas. / The International Competition Law is the law that protects the freedom of competition. Freedom of which, with the development of the globalized world, comes under attack by multinationals, causing damage to the economies both local and international, as well as consumers, making it necessary the state intervention to regulate these conflicts. However, emerges into a new conflict when the state holds a controlling stake of the company, such as state-owned enterprises. This scenario has been growing worse and causing conflicts competitive on the global stage. China, which traditionally held control of all companies set up in it, after the opening of the market, has been adopting constant market policy reforms with the bias to introduce high technology and expanding trade relations with other countries worldwide. In our times, after trade and structural reforms of state-owned enterprises, China has determined that key sectors of the economy considered important to China's economic security will be of state control. Accordingly, the present investigation sought to ascertain whether chinese state-owned enterprises were abusing their dominant position beyond the borders and in particular violating China's own competition law, which was demanded by the other members of the World Trade Organization The investigation was divided into three essential parts: first on the chinese economic, mercantile, social and legal transformations, mainly in the period after the twentieth century; on the second part, it dealt with competition law in China, confronting it with state enterprises; and in the last chapter, administrative and judicial cases were verified before the regulatory bodies of competition. It was intended, by the deductive method of research, to verify if the dichotomy formed between governmental protection of state-owned enterprises hurts the freedom of a competitive market. It was therefore sought to ascertain whether the activity of Chinese state-owned enterprises occupied a relevant market share to the extent of abusing its dominant position and whether China is a stage for the application of penalties for order and competitive freedom. It is concluded that there is unequal treatment in the imposition of consequences for abuse of dominant positions when dealing with foreign companies and chinese state-owned enterprises. The case-by-case analysis has shown that the efforts of Chinese competition authorities in the fight against anticompetitive practices have so far been reached when dealing with foreign companies, while state-owned enterprises are treated differently and permissively from monopoly practices.

O Direito Internacional da Concorrência é o ramo do direito que protege o exercício da liberdade de concorrência. Liberdade esta que, com o desenvolvimento do mundo globalizado, vem sendo atacada pelas multinacionais, causando prejuízo às economias tanto locais quanto internacionais, assim como aos consumidores, se fazendo necessária a intervenção estatal para regulação desses conflitos. Entretanto, emerge um novo conflito quando o Estado detém o controle acionário de uma empresa, como é o caso das empresas estatais. Tal panorama vem se agravando e causando conflitos concorrenciais no cenário global. A China, país em que tradicionalmente o governo detinha controle de todas as empresas nele constituídas, após a abertura de mercado, vem adotando constantes reformas de políticas de mercado com o viés de introduzir a alta tecnologia e expandir as relações comerciais com os demais países do mundo. Hodiernamente, após as reformas comerciais e estruturais das empresas estatais, a China determinou que setores-chave considerados importantes para segurança econômica chinesa serão de controle estatal, isto é, com monopólio estatal. Isto posto, a presente investigação procurou verificar se as empresas estatais chinesas estariam abusando de sua posição dominante para além das fronteiras e infringindo, sobretudo, a própria legislação concorrencial da China, cuja promulgação fora exigida pelos demais membros da Organização Mundial do Comércio. A investigação se dividiu em três partes essenciais: primeiro sobre as transformações econômicas, mercantis, sociais e jurídicas chinesas, principalmente no período posterior ao século XX; na segunda parte, se tratou do direito concorrencial na China, confrontando-o com as empresas estatais; e no último capítulo, foram verificados casos administrativos e judiciais perante os órgãos de regulamentação concorrencial. Pretendeu-se, pelo método dedutivo de pesquisa, verificar se a dicotomia formada entre a proteção governamental às empresas estatais fere a liberdade de um mercado competitivo. Buscou-se, assim, verificar se a atividade das empresas estatais chinesas ocupou fatia relevante de mercado a ponto de abusar da sua posição dominante e se é a China um palco para a aplicação de penalidades, visando à ordem e à liberdade concorrencial. Conclui-se que ocorre tratamento desigual na imposição de penalidades por práticas de abuso de posição dominante quando se tratam de empresas estrangeiras e empresas estatais chinesas. Denotou-se por meio da análise casuística que os esforços dos órgãos de fiscalização concorrencial chineses no combate a práticas anticoncorrenciais são alcançados, até o presente momento, quando versam sobre empresas estrangeiras, enquanto que as empresas estatais recebem tratamento dessemelhante e permissivo às práticas monopolistas. / The International Competition Law is the law that protects the freedom of competition. Freedom of which, with the development of the globalized world, comes under attack by multinationals, causing damage to the economies both local and international, as well as consumers, making it necessary the state intervention to regulate these conflicts. However, emerges into a new conflict when the state holds a controlling stake of the company, such as state-owned enterprises. This scenario has been growing worse and causing conflicts competitive on the global stage. China, which traditionally held control of all companies set up in it, after the opening of the market, has been adopting constant market policy reforms with the bias to introduce high technology and expanding trade relations with other countries worldwide. In our times, after trade and structural reforms of state-owned enterprises, China has determined that key sectors of the economy considered important to China's economic security will be of state control. Accordingly, the present investigation sought to ascertain whether chinese state-owned enterprises were abusing their dominant position beyond the borders and in particular violating China's own competition law, which was demanded by the other members of the World Trade Organization The investigation was divided into three essential parts: first on the chinese economic, mercantile, social and legal transformations, mainly in the period after the twentieth century; on the second part, it dealt with competition law in China, confronting it with state enterprises; and in the last chapter, administrative and judicial cases were verified before the regulatory bodies of competition. It was intended, by the deductive method of research, to verify if the dichotomy formed between governmental protection of state-owned enterprises hurts the freedom of a competitive market. It was therefore sought to ascertain whether the activity of Chinese state-owned enterprises occupied a relevant market share to the extent of abusing its dominant position and whether China is a stage for the application of penalties for order and competitive freedom. It is concluded that there is unequal treatment in the imposition of consequences for abuse of dominant positions when dealing with foreign companies and chinese state-owned enterprises. The case-by-case analysis has shown that the efforts of Chinese competition authorities in the fight against anticompetitive practices have so far been reached when dealing with foreign companies, while state-owned enterprises are treated differently and permissively from monopoly practices.

Submitted by Claudia Bruschi Martins (claudiabruschi@gmail.com) on 2013-06-17T01:16:25Z No. of bitstreams: 1 Dissertação - Claudia Bruschi.pdf: 397234 bytes, checksum: 3e2548337f0f74878793de011f2eae06 (MD5) / Approved for entry into archive by Suzinei Teles Garcia Garcia (suzinei.garcia@fgv.br) on 2013-06-17T11:57:14Z (GMT) No. of bitstreams: 1 Dissertação - Claudia Bruschi.pdf: 397234 bytes, checksum: 3e2548337f0f74878793de011f2eae06 (MD5) / Made available in DSpace on 2013-06-17T12:30:35Z (GMT). No. of bitstreams: 1 Dissertação - Claudia Bruschi.pdf: 397234 bytes, checksum: 3e2548337f0f74878793de011f2eae06 (MD5) Previous issue date: 2013-05-17 / Esta dissertação investiga o efeito da pressão competitiva na eficiência de empresas estatais. Ela inova ao abordar um novo meio pelo qual a competição afeta a eficiência: na escolha de presidentes mais qualificados, que consequentemente afetam a eficiência da empresa estatal. Foi construído um painel de dados históricos (1973 a 1993) de empresas estatais brasileiras e de seus presidentes, com suas características observáveis. Os resultados indicam que a competição tem efeito ambíguo na escolha de CEOs mais qualificados, no entanto estes, por sua vez, afetam positivamente a eficiência daquelas empresas. / This dissertation investigates the effect of competitive pressure on the efficiency of state-owned enterprises (SOEs). It innovates, however, by approaching a new mean by which competition affects efficiency: the choice of the most qualified CEOs, which consequently affects the efficiency of such state-owned enterprises. A panel of historical data of Brazilian SOEs and their CEOs from 1973 to 1993 was created, gathering their observable characteristics. The results indicate that competition has ambiguous effect on the choice of more skilled CEOs.

D.Phil. / The purpose of the study is to construct and evaluate a measuring instrument that could determine the business impact of enterprise risk management (ERM) processes on State-Owned Enterprises (SOEs) in South Africa. In respect of ERM, various authors point out that there is little empirical research on the topic and almost no research regarding the evaluation of its effectiveness and value contribution to organisations. In addition, the current measurement tools for assessing the management of risk maturity are based on subjective assessments or comprised of checklists of activities that assess ERM components based on individual opinions. It was against this setting that the literature review focuses on the components and the broader organisational improvement strategies within which ERM is practised. This entails outlining corporate governance and discussing its processes and practices. In particular, the discussion focuses on historical and current practices, corporate scandals and the lessons learned from them, internationally accepted codes, local corporate governance codes, and corporate governance codes applicable to SOEs. The discussion concerning the management of risk concentrates on its fundamental principles, the link with corporate governance, and the broader discipline and practice of ERM. The significance of ERM is further elaborated on by focusing on its approach, the key local and international ERM standards and associated principles, ERM evaluation practices, and current shortcomings identified in the management of risks. In order to meet the empirical objectives of the study, a pragmatic research paradigm, using a mixed methods approach, was chosen. This selection was considered appropriate as the pragmatic paradigm applies all research approaches in understanding a problem. To this extent, a mixed methods research approach was adopted, comprised of the qualitative approaches to sampling, interviews, observations, the review of organisational documents, the Delphi method, construction of the questionnaire items, and development of the instrument. The point of interface between the research approaches occurred at the level of sampling and the analysis of the results collated from the validation of the instrument by applying descriptive and inferential statistical methods.

D.Phil. / The primary objective of this thesis is to follow a systems approach to improve property management in state departments and state-owned enterprises. The public sector, bureaucracy and state-owned enterprises (SOEs) globally and in South Africa (SA) are examined using a systems approach to provide the context for property management in state departments and SOEs. The effectiveness of property management in SA‟s National Department of Public Works and National Department of Public Enterprises are evaluated. Property management in rail transportation organisations globally and in SA receives focused attention. The SA state-owned company Transnet Limited, primarily a rail transportation enterprise, and Propnet, Transnet‟s property management unit, are examined in depth. Lessons learned, findings and recommendations are presented in a Management Matrix. The Management Matrix is incorporated in a State Property Management Transformation System, the implementation of which will improve property management in state departments and SOEs both globally and in SA.

The study sought to understand the factors that contribute to effective turnaround management of State-owned Enterprises (SOEs), based on the extant determinants of successful private sector turnaround strategies. The purpose was to develop a normative framework for effective turnaround management in SOEs, as well as to provide a conceptual view of the potential cohesions of turnaround strategies in public and private sector management. The study was conducted in two phases. A straw framework was developed based on the literature review, consisting of generic turnaround conceptual themes. This was supplemented by three primary strategies drawn from private sector evidence. The framework was then refined and used as a basis for analysing three published cases of turnaround in SOEs, with a pragmatic view to developing a normative framework for effective turnaround management. The theoretical underpinnings of the resource-based view (RBV) were ruminated throughout the research process, and proved to be a fairly significant enabler for enhancing competitiveness through managerial-orientated competencies, during periods of turnaround. Organisational conditions varied, rendering fluctuating impacts of the ascribed strategies. However, findings indicated that well-conceived adaptions of private sector strategies were broadly effective in improving performance in SOEs. / Dissertation (MBA)--University of Pretoria, 2012. / Gordon Institute of Business Science (GIBS) / unrestricted

This research looks at Transnet a State owned Enterprise with a key focus on how it manages its non-core property assets that are currently highly dilapidated and in a poor state of repair with resultant sub-optimal returns being derived. The non-core property portfolio of Transnet is immediately visible, by way of comparison, of their deteriorating condition as opposed to those in close proximity or surrounding them that are privately owned. Transnet is a Freight and Logistics state owned company that owns huge tracts of prime and well located land countrywide that are not optimally utilized and also holds a large property portfolio consisting of predominantly 'D' grade buildings that are currently physically, functionally and economically obsolete lacking constant maintenance or engagement in redevelopments. Most assets were initially purpose built to support freight and rail logistics operations but have overtime become functionally obsolete due to changes in logistic chains operations, advancements in technology and nature of goods coming unto the railway system. The current study was aimed at assessing the reasons as to why the non-core property assets are physically deteriorated and achieving below market related returns. The study establishes a framework for optimal management of non-core property assets in Transnet, with literature review establishing the correct approach to issues impacting real estate management such as finance, maintenance and facilities management, property management structure and systems, legislative framework guiding SOE's and corporate governance. Theoretical models have made important contributions to the formalization of certain problems related to management of SOEs and the need to improve corporate governance with a lot of research done in SOEs in China and Europe in general. The key focus of this study was to establish the causes that have resulted in the noncore property assets being highly neglected and in a poor state of repair resulting in sub-optimal returns being achieved on portfolio. The results of the case study within a survey presented a divergent view of core property assets being better managed than non-core property assets. ii The research methodology undertaken was a survey within a case study. The case study is Transnet and the target respondents consisted of personnel involved in the direct management of core and non-core property assets within the company who were interviewed and questionnaires were also used to gather research findings data. The secondary data was analyzed using quarterly asset management data and benchmarked with Investment Property Data (IPD). The research findings present a comprehensive list of challenges faced by Transnet in the management of non-core property assets with the greatest impact being the Public Finance Management Act and National Government Immoveable Assets Management Act which clearly stipulates that when assets no longer serve the core business they must be disposed of. It is also clearly evident that funding cannot be granted for property development projects that are not aligned with the core business of Transnet which is freight and rail logistics. The study brings to the attention that capital investment and strategic decisions related to management of non-core property assets including legislation need to be reviewed. This will greatly shape the future of the non-core property business and its ability to manage its future operations financially viable and sustainable. Alternative sources of funding such as the Real Estate Investment Trusts on the Johannesburg stock exchange are other avenues that can be explored to raise capital funds for upgrading existing property portfolio or raising funds for property developments. The key focus on how the enterprise should behave, and what should be done is to make non-core property assets financially sustainable and viable for the business to achieve desired returns.

SMME targeted procurement policies in South Africa gets swapped and changed every couple of years before they take hold and assessed against initially set desired outcomes, this makes them unsustainable. As such, it has become necessary for research to be undertaken to investigate those SMMEs that do business with State Owned Enterprises (SOEs), with the aim of establishing whether the preferential procurement policies are supportive of the growth and sustainability of their businesses. The study also sought to further ascertain whether the targeted procurement policies are achieving the objectives they were created for in the first place, which is to promote growth and empowerment through the growing of the SMME businesses or are they non-responsive. Lastly, this study intended to understand whether the continued swapping and changing of the targeted procurement policies is resulting in their unsustainability to grow a sustainable SMME sector in South Africa which in turn raises a question of whether the designing and implementation of these policies is well informed by the actual challenges bedevilling the sector to be able to address these challenges on the ground. The study was a qualitative study that enabled the expression and description of feelings and opinions regarding whether the targeted policies had achieved their objectives and the concerns respondents would express. From the data was collected through interviews, the respondents indicated that the policies were theoretical and do not address the actual challenges that bedevil small businesses in South Africa. If anything, the policies have not attained their set objectives of growing and empowering SMMEs but rather made doing and growing their businesses difficult due to an unfriendly business environment. In addition, high taxes, inflexible labour laws, access to finance, inability to market their companies and products, delayed payments for services rendered are some of the problems faced by SMMEs. The SMME sector is dwindling, the small businesses are folding, and the targeted policies have proved unsustainable. Based on the findings of this study the targeted procurement policies needs to be reviewed and in certain instance overhauled to improve their efficacy. Policymakers need to establish forums where small business raise their concerns, shortcomings of the policies and put forward their ideas of making the policies more beneficial to them. There is a great need to also identify and address impediments pertaining to the operating environment and make it truly pro SMMEs.

Orientation: Excessive and unjustifiable salaries in State Owned Enterprises (SOE’s) have captured the spotlight in recent years. Some employee motivation theorists and recent studies have shown that non monetary rewards are also important when considering the total rewards mix for employees. Research purpose: The primary aim of this study was to survey the perceptions of SOE employees’ of whether they would work harder, have increased motivation levels and remain longer in a company if compensated with higher monetary rewards. The secondary aim was to establish whether different demographic variables have an effect on employees ’perceptions of whether their motivation levels would increase with higher monetary rewards. Motivation for the study: An understanding of these perceptions would enhance knowledge when developing effective reward systems in SOE’s within the South African context.Research design, approach and method: 1000 questionnaires were distributed to SOE employees via the hand delivery and e-mail method. The results from 143 questionnaires were used in the data analyses.Main findings/results: The study found that overall the SOE employees preferred higher monetary rewards and would work harder, be more motivated and stay longer in the company as a result. However, when measured individually, certain non monetary rewards were preferred over receiving higher monetary rewards. The findings also indicate that significant differences exist for the demographic variables, age and grade. Practical/Managerial implications: SOE management can structure reward systems more effectively according to these findings without focussing primarily on money. Based on the research results, an increased understanding of SOE employee’s perception of what motivates them has been achieved. Contribution/value-add: This study has contributed to the body of existing knowledge on employee motivation and its relationship with total rewards within SOE’s in South Africa. In addition, the study has demonstrated that reward preferences differed between certain demographic groups within SOE’s. A total rewards framework, on employee preferences could be designed from the findings. / Dissertation (MBA)--University of Pretoria, 2012. / Gordon Institute of Business Science (GIBS) / unrestricted

The purpose of this exploratory research was to explore the effect of Key Performance Indicators (KPIs) on State Owned Enterprises’ performance in South Africa. The aim of the study was to establish the impact that KPIs have on state owned enterprises, how they are currently measured and the causes of success or failure of Key Performance Indicators (KPIs) on State Owned Companies.Fifteen respondents participated in this qualitative study. The survey method used was a questionnaire with closed and open-ended questions. The respondents were all Senior Executives including Chief Executive Officers, General Managers, Board Members and Senior Management employed by State Owned Enterprises reporting to the Department of Public Enterprises, Department of Transport and Department of Water Affairs. The research instrument that was used was a questionnaire with closed and open-ended questions. / Dissertation (MBA)--University of Pretoria, 2012. / Gordon Institute of Business Science (GIBS) / unrestricted