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In the development of the global software industry, what kind of development trend can we observe? Which kind of role does Microsoft act in the development of the global software industry? On the other hand, how to develop the software industry in China? What is the development procedure of the Chinese software industry? This paper concentrates on studying the relationship between Microsoft and China. After analyzing the entry strategy and management tactics of Microsoft, we can understand the delicate relation between Microsoft and Chinese government. And we may realize, in addition, why China does need Microsoft. How does China receive more advanced technologies through the competition between the software manufacturers? Because Microsoft has offered more investment and assistance, China will have the capabilities to develop its own software industry. In order to get more long-term development in China, Microsoft also needs to develop the good relations with Chinese government, from central government to the local governments, and utilizes these relations; Microsoft may obtain more favorable development chance in China.

Thesis (M.B.A.)--Boston University

Since the dawn of the European Union, insurance and banking undertakings claimed to be subject to a special status vis-à-vis the application of EU competition law, due to the quasi social nature of the services they provide. Within the financial services industry, anti-trust concerns do arise in relation to mergers and acquisitions, possible abuses of dominant position and state aid; however Art. 101 TFEU and the regulation of forms of co-operation arguably represent the paramount and most intricate aspects of the application of the EU competition rules to the financial services sector. This is due to the fact that the insurance and banking industries historically have been characterised by intense forms of horizontal co-operation between undertakings deemed necessary for the correct functioning of the financial services industry. On a general level, any agreement establishing a homogeneous pricing structure vis-à-vis consumers represents a blatant violation of Art. 101 TFEU giving rise to serious anti-trust concerns. Nevertheless, as will be explored in this thesis, in the financial services sector the Commission has often allowed what the doctrine has correctly defined as “forms of horizontal agreements concerning a relevant cost element making up the final price vis-à-vis customers”1 through its decisions relating 1 See Faull & Nikpay, “The EC Law of Competition” OUP 2007, p. 636.to interbank fees in payment systems and through the enactment of a block exemption for the insurance industry. Art. 101 thus seems to manifest a common element for these two industries, presenting interesting and intricate teleological quandaries. This thesis endeavours to break the impasse down into questions to which an answer may be provided: Ought Art. 101 to apply to the financial services sector at all? If so, to what extent? Is there any justification for a block exemption in the insurance sector? Indeed, should the banking sector too benefit from a block exemption? This thesis endeavours to answer the above questions and thereby to contribute to the identification of an ideal regulatory framework for forms of horizontal co-operation in the financial services sector.

How should managers choose between improvements in revenue and gross margin rate, when both contribute to overall profitability? Many finance managers face this question when balancing their companies’ targets and goals. Prior studies show that companies’ stock returns respond to both metrics, especially when they are consistent with each other, which I replicate in my sample. I predict that the relative strength of responses to revenue and gross margin percentage depends on industry growth. I find that the market’s response to revenue growth is greater in high revenue growth than low revenue growth industries. I also argue that the market responds more positively to gross margin rate changes in low growth industries, but the differences are statistically insignificant.In a second study, I apply the theory to the generic pharmaceutical industry where revenue growth is slower. I expect a higher focus on gross margins or pricing when barriers to entry are lower. The Department of Justice and State Attorney Generals sued generic pharmaceutical companies for violating the antitrust laws and manipulating drug prices (consolidated as the multi-district litigation case 2724), making the industry less attractive. I study the pricing changes around the lawsuits and how they affected the likelihood of generic drug manufacturers staying vs. leaving the industry. I also analyze the disparate impact of the lawsuit on large vs. small and medium manufacturers, as the lawsuits listed many large manufacturers as defendants. / Business Administration/Accounting

The Green Light letter from President Franklin Roosevelt to Major League Baseball Commissioner Kenesaw Mountain Landis gave MLB permission to continue throughout World War II. The team owners felt relief that MLB is the only professional sport to survive during the years of World War II (1941-1945). MLB became a primary contributor toward the war effort. While war-supporting efforts were conducted, team owners positioned themselves to benefit from the bond between baseball and the American people. MLB portrayed itself through the commissioner’s office policy as a patriotic partner by providing entertainment for American factory workers and contributing equipment to servicemen overseas. MLB also remained a monopoly without Congressional inquiries or public challenge. Since MLB was exempt from anti-trust laws, team owners operated within MLB’s anti-trust exemption and strengthened position for the post war period.

Die Arbeit soll zeigen, dass es zu einer breiteren Durchsetzung von Schadensersatzansprüchen wegen kartellrechtswidrigem Verhalten eines eigenständigen Informationsanspruchs des Rechtsanwalts als Organ der Rechtspflege gegenüber der EU-Kommission und den deutschen Kartellbehörden bedarf, und zwar sowohl aus tatsächlicher Notwendigkeit, als auch auf Grund europarechtlicher und grundgesetzlicher Vorgaben. Anhand des europarechtlichen Effektivitätsgrundsatzes aus Art. 4 Abs. 3 EUV und des Rechts auf effektiven Rechtsschutz aus Art. 47 der EU-Grundrechtecharta bzw. des Justizgewährungsanspruchs als Ausfluss des Rechtsstaatsprinzips, Art. 20 Abs. 3 GG, wird erörtert, wie ein solcher Anspruch mindestens beschaffen sein muss. Die Untersuchung bestehender, sekundärrechtlicher und einfachgesetzlicher Dokumentenzugangs-, Auskunfts- und Akteneinsichtsansprüche ergibt, dass bereits nach geltender Rechtslage dem Rechtsanwalt ein Informationsanspruch gegenüber der Europäischen Kommission und den deutschen Kartellbehörden zusteht. Die Interpretation der betreffenden Tatbestände nimmt hierbei die europarechtlichen und grundgesetzlichen Vorgaben auf und bewegt sich im Rahmen zulässiger Auslegung. Daneben wird ein Vorschlag unterbreitet, wie der Informationsanspruch über die Mindestvorgaben hinaus ausgestaltet werden könnte. / The work reveals that a for a better private enforcement of competition law in the form of damages claims an independent right of information vis-à-vis the EU-Commission and the German Cartel Authorities for an attorney without a client and a mandate is needed. This need not only derives from the factual necessity but also from European primary law and the German Grundgesetz. In light of the European principle of effectiveness, Article 4 para. 3 TEU, and the right to effective judicial protection, Article 47 EU Charter of Fundamental Rights and Article 20 para. 3 German Grundgesetz respectively, the author develops the right and its boundaries. The examination of information rights and rights to access documents in EU secondary law and German law then shows that an independent right of information and access to documents for an attorney without a client and a mandate already exists if the law is interpreted in accordance with the EU primary law and the German Grundgesetz. The author further develops a recommendation as to how such an information right could be extended beyond its core that is determined by EU primary law and the German Grundgesetz.

在保險市場中，保險商品主要透過保險經紀人、保險代理人以及保險人所掌握的直接通路予以販售，特別是在大型商業財產及責任保險的行銷通路上，保險經紀人扮演了舉足輕重的角色。本論文主要是以商業財產及責任保險市場為研究重心，並由經濟觀點探討保險經紀人的仲介角色、市場競爭態勢、報酬結構以及業務安排方式等，同時以保險監理的角度檢討保險經紀行業存在的誠信自律、利益衝突以及客戶公平對待等問題。 不同於保險代理人，保險經紀人係基於保單持有人之利益為其安排保險。因此，保險經紀人必須透過多家保險人提供報價的方式，從中選擇價格及條件最佳者做為保險業務安排之對象；換言之，誠實的報價程序，方足以保障客戶之利益並維繫保險市場的健全。然而國外近年發生的大型保險經紀人與部分保險人共謀提供不實之報價事件，不僅嚴重影響到保單持有人的權益，更引發了對於保險經紀人不當市場力量運用以及或有佣金（contingent commissions）制度存廢的廣泛討論。2004年10月14日紐約州總檢察官Eliot Spitzer向紐約州最高法院針對全球最大保險經紀商Marsh & McLennan及部分保險人所涉及的投標詐欺、操縱價格、收受保險公司或有佣金等三大罪狀提出了民事訴訟。此案例不僅使得涉案公司付出鉅額賠償，更暴露出大型保險經紀人公司存在已久的市場壟斷、價格操控、利益衝突等問題。 對照於英、美等國在保險經紀人制度方面的成熟與發達，我國在此方面尚屬新興發展階段，所謂他山之石可以攻錯，借重先行者的經驗，不僅可以避免重蹈覆轍，更可加快成長的腳步；在全球化的浪潮衝擊之下，保險經紀市場唯有與國際充分接軌，並健全相關制度，才能為國內保險市場的業務成長，帶來蓬勃生機，並立下永續發展的堅固磐石。 / In the insurance market, policies are sold through direct channels controlled by insurance companies or intermediaries, such as brokers and agents. Brokers play a vital role in the property & casualty insurance market and serving commercial clients with complex and large exposures. This report focusing on the commercial property & casualty insurance market, we look at the economic performance by brokers, the competitive structure of the marketplace, the compensation arrangements for brokers, and the placement with insurers. Furthermore, we also from regulators’ point of view to study and review a variety of issues, such as the ethics and conduct , conflict of interest, treating customers fairly, which are raised from insurance brokers industry. In contrast to captive agents, brokers act on behalf of the insured, for this circumstance, the role of the brokers is to increase price and coverage competitiveness, by providing the customers access to a wider range of possible insurers. Clearly the integrity of the bidding process is very important to protect the interest of customers and to the health of the insurance brokers market. Unfortunately, the integrity of the placement process by brokers has been questioned due to the allegations of bid rigging in which one or more global brokers and a few insurers appear to have conspired to submit non-competitive bids. This anti-competitive practice is not only detrimental to the customers but also cause public concerned that too much market power lead to abuses by brokers and that contingent commissions should be abolished. On October 14, 2004, New York Attorney General Eliot Spitzer filed suit against Marsh & McLennan alleging that the insurance brokers engaged in bid rigging and received widespread kickbacks from insurance companies. On January 31, 2005, Marsh agreed to pay $850 million in restitution to buyers as part of an agreement to settle the suit, but lawsuits still in progress. The above-mentioned case has revealed conflict of interest, anti-competitive and market manipulation for meg-brokers, in fact, these problems existed for a long time. Comparing with US and UK insurance brokers market, Taiwan is belong to emerging market, to gain knowledge of pioneer’s developing experience, we could shorten the time to get more progress. When we deal with the globalization challenge, local insurance broker market should be complied with international practices, improve relative rules and regulations is also necessary, once above situations are available, it could help domestic insurance market rapid and healthy growth.

科学研究費補助金 研究種目:基盤研究(C) 課題番号:17530020 研究代表者:愛敬 浩二 研究期間:2005－2006年度

The origins of European integration and the factors that made it possible in the post-1945 era have been examined from different perspectives and interpreted in various ways. While federalists argue that the concept of European unity had been developed over centuries by different intellectual movements, the realist approaches of Milward and Dinan stress the importance of economic, political and security motives. Referring to the factors that contributed to the implementation of the Schuman Plan, both the federalist and realist approaches highlight the chief importance of states and their representatives. Yet, the ideas that inspired Jean Monnet, who designed the Schuman Plan, have received little attention. While the state is seen in the literature as the main actor that made the outcome possible, the role of Monnet and that of some of his close associates are almost ignored. By investigating Monnet's thought, this study shows that the source of his inspiration was not the countless plans for European unity put forward by European federalist movements or the random concepts that he came across, such as the New Deal. Rather, it is argued here that he was in fact constantly exposed to a coherent and well-structured philosophy. This thinking reached him through his direct contacts and frequent encounters with Felix Frankfurter and his associates, who formed an epistemic community, as defined by Peter M. Haas. The core concepts of this thinking inherited from Louis Brandeis and developed by Frankfurter – restoring and overseeing free competition – can be identified in Monnet's 1950 plan. The evidence shows that it became a shared philosophy of Monnet's group of friends. This is a fundamental aspect since, once the Schuman Plan was made public, Monnet's friends rallied around his project and contributed not only to overcoming stalemate at critical moments of the negotiations on the future treaty, but also to convincing statesmen of the value of the project. / Graduate