Academic literature on the topic 'Failing company'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Failing company.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Failing company":
1
Ready, Douglas A. "IS YOUR COMPANY FAILING ITS LEADERS?" Business Strategy Review 25, no. 2 (June 2014): 78–81. http://dx.doi.org/10.1111/j.1467-8616.2014.01076.x.
2
Ready, Douglas A. "Is Your Company Failing Its Leaders?" Business Strategy Review 16, no. 4 (December 2005): 21–25. http://dx.doi.org/10.1111/j.0955-6419.2005.00375.x.
3
Shughart, William F., and Robert D. Tollison. "The Welfare Basis of the “Failing Company” Doctrine." Antitrust Bulletin 30, no. 2 (June 1985): 357–64. http://dx.doi.org/10.1177/0003603x8503000205.
4
Körber, Torsten. "Die Sanierungsfusion im Kartellrecht." Zeitschrift für Wettbewerbsrecht 12, no. 1 (March 13, 2014): 32–59. http://dx.doi.org/10.15375/zwer-2014-0104.
Abstract:
ZusammenfassungDie zunehmende Verlagerung von Leserinteresse und Werbung in das Internet hat zu einem für Printmedien zunehmend schwierigen wirtschaftlichen Umfeld geführt. Im Rahmen der 8. GWB-Novelle wurde daher (wie schon im Vorfeld der 7. GWB-Novelle 2005) über eine Erleichterung von Pressefusionen diskutiert. Anders als 2005 hat diese Diskussion diesmal gesetzgeberische Früchte getragen. Durch die 8. GWB-Novelle 2013 wurden Pressefusionen einerseits durch Erhöhung der gesetzlichen Aufgreifschwelle im neuen § 38 Abs. 3 GWB und andererseits durch eine spezielle Pressesanierungsklausel im neuen § 36 Abs. 1 Satz 2 Nr. 3 GWB erleichtert. Dahinter steht der Gedanke, dass eine Fusion im Vergleich zu einem Marktaustritt von Zeitungstiteln oder gar ganzen Zeitungsverlagen oftmals die in Bezug auf die Presse- und Angebotsvielfalt bessere Lösung darstellt. Die Reichweite der neuen Pressesanierungsklausel ist allerdings begrenzt. Ihrem Wortlaut nach erfasst sie nur die Übernahme eines vom Scheitern bedrohten kleinen oder mittleren Zeitungsverlages, nicht dagegen die Übernahme einzelner, vom Scheitern bedrohter Zeitungstitel, die von einem größeren Verlag herausgegeben werden. Der nachfolgende Beitrag spürt dieser für die Praxis ausgesprochen relevanten Fallgruppe nach und strebt zugleich danach, die in einem solchen Fall nach allgemeinen Regeln anzuwendenden Maßstäbe der Sanierungsfusion, insbesondere mit Blick auf die sog. „failing division defense“, zu präzisieren. Dabei erscheint ein rechtsvergleichender Blick geboten, denn die deutsche Praxis zur Sanierungsfusion steht im Kontext der europäischen Praxis, und diese ist wiederum stark vom US-amerikanischen Antitrustrecht beeinflusst.International ist die Sanierungsfusion unter dem Begriff „failing company defense“ oder „failing firm defense“ bekannt. Gegenstand eines solchen Zusammenschlusses ist die Übernahme eines vom Scheitern bedrohten Unternehmens oder eine Übernahme durch ein vom Scheitern bedrohtes Unternehmen. Eine besondere Facette bildet die sog. „failing division defense“, welche Fälle beschreibt, in denen nicht ein ganzes Unternehmen, sondern nur ein vor der Schließung stehender Geschäftsbereich (z. B. ein Zeitungstitel) übernommen werden soll. Zwar besteht weitgehende Einigkeit darüber, dass an eine Sanierungsfusion in einem solchen Fall „besonders hohe Anforderungen“ zu stellen sind, doch ist bislang ungeklärt, was genau damit gemeint ist. Zwischen diesen beiden Grundformen liegen Sanierungsfusionen, die eine vom Scheitern bedrohte Tochtergesellschaft betreffen. Diese „failing affiliate“-Fälle werden gemeinhin nicht als gesonderte Fallgruppe thematisiert, sondern teils der „failing company defense“, teils der „failing division defense“ zugeschlagen. Auch diese Einordnung bedarf einer genaueren Betrachtung.Nachfolgend wird zunächst ein Blick auf die Wurzeln der failing company-Doktrin im US-Recht und auf dessen aktuellen Stand geworfen (I). Sodann wird den Facetten der Sanierungsfusion in den Varianten der failing company und failing division defense im EU-Recht nachgespürt (II) und ein Seitenblick auf das Recht der Schweiz geworfen (III). Während praktisch alle ausländischen Rechtsordnungen im Grundsatz neben der failing company-Variante auch die failing division-Variante der Sanierungsfusion anerkennen, aber vage in Bezug auf die konkreten Anforderungen an die zweite Variante bleiben, ist die deutsche Kartellamtspraxis schon mit Blick auf die Anerkennung der zweiten Variante zurückhaltend. Vor diesem Hintergrund wird die Entwicklung der deutschen Praxis zur Sanierungsfusion, insbesondere auf dem Gebiet der Pressefusionskontrolle, nachgezeichnet (IV 1), deren aktuellen Stand das Bundeskartellamt in seinem Leitfaden zur Marktbeherrschung in der Fusionskontrolle zusammengefasst hat (IV 2). Dabei wird sich ebenso wie im Rahmen der Analyse der deutschen Rechtsprechung (IV 3) zeigen, dass die failing division-Variante auch in Deutschland Anerkennung gefunden hat und dass sich die „besonders hohen Anforderungen“, welche in solchen Fällen an eine Sanierungsfusion zu stellen sind, durchaus konkretisieren lassen und gerade auf dem sensiblen Bereich der Pressefusionskontrolle und im Lichte der 8. GWB-Novelle nicht überspannt werden sollten (IV 4).
5
Stanger, Howard. "Failing at retailing: the decline of the Larkin Company, 1918‐1942." Journal of Historical Research in Marketing 2, no. 1 (January 19, 2010): 9–40. http://dx.doi.org/10.1108/17557501011016244.
6
Jennings, James P., and Eleanor G. Henry. "Safety Products, Inc.: A case in financial analysis of a failing company." Journal of Accounting Education 26, no. 1 (January 2008): 34–53. http://dx.doi.org/10.1016/j.jaccedu.2007.07.005.
7
Johnson, Charles C, III, and Aditya Upadhyay. "African American small consulting business sustaining strategies." African Journal of Social Issues 5, no. 1 (March 29, 2023): 117–26. http://dx.doi.org/10.4314/ajosi.v5i1.8.
Abstract:
More than 80% of small consulting businesses fail within the first 5 years of operation. Small consulting company owners are concerned about failing within the first five years because they lack innovative strategies. Grounded in the resource-based view theory, this qualitative multiple case study aimed to explore strategies African American consulting company owners use for longevity beyond 5 years. The participants comprised African American owners of three consulting businesses located in the northeast region of the United States who successfully sustained their business beyond 5 years. Data collection included semi-structured interviews with consulting company owners and reviewing company documents. A key recommendation includes conducting feasibility screening and designing and using a strategy canvas to identify opportunities.
8
Charles C III, JOHNSON, and UPADHYAY Aditya. "African American Small Consulting Business Sustaining Strategies." Asian Journal of Basic Science & Research 04, no. 04 (2022): 01–10. http://dx.doi.org/10.38177/ajbsr.2022.4401.
Abstract:
More than 80% of small consulting businesses fail within the first 5 years of operation. Small consulting company owners are concerned about failing within the first five years because they lack innovative strategies. Grounded in the resource-based view theory, this qualitative multiple case study aimed to explore strategies African American consulting company owners use for longevity beyond 5 years. The participants comprised African American owners of three consulting businesses located in the northeast region of the United States who successfully sustained their business beyond 5 years. Data collection included semistructured interviews with consulting company owners and reviewing company documents. A key recommendation includes conducting feasibility screening and designing and using a strategy canvas to identify opportunities.
9
Hawkes, N. "Private company that took over failing NHS hospital seeks 47.5m to prevent insolvency." BMJ 344, may31 1 (May 31, 2012): e3862-e3862. http://dx.doi.org/10.1136/bmj.e3862.
10
Woodhouse, J. "New Business Selection for a Subcontracting Company—A Case Study." Proceedings of the Institution of Mechanical Engineers, Part B: Management and engineering manufacture 201, no. 4 (November 1987): 233–37. http://dx.doi.org/10.1243/pime_proc_1987_201_074_02.
Abstract:
A case study involving an engineering subcontractor has been used to illustrate a methodical evolutionary approach and an ideas list approach for identifying new business. The subcontractor company was in a state of chaos, rendering it incapable of acting upon new ideas. This may be a common failing of subcontractors. As insufficient data were available to operate the models, synthetic data have been used to provide illustration. A methodical approach is preferred. It involves systematic monitoring of manufacturing, market and technological trends. Such measurements must be a part of the change management process. Evidence suggests that this works in other environments.
Dissertations / Theses on the topic "Failing company":
1
Warler, Matthias. "Failing company defense, Sanierungsfusion und rescue merger." Baden-Baden Nomos, 2008. http://d-nb.info/989491358/04.
2
藍國益 and Guo-Yi Lan. "Predictive Model of the Failing Company－Considering the Impact of Common Stock Holdings." 碩士, 東吳大學, 1985. http://ndltd.ncl.edu.tw/cgi-bin/gs32/gsweb.cgi/login?o=dnclcdr&s=id=%22085SCU04121005%22.&searchmode=basic.
3
Ukaegbu, Eben O. "Motives for corporate mergers and takeovers : an investigation of the 'failing company' hypothesis and of post-merger performance." Thesis, University of Stirling, 1987. http://hdl.handle.net/1893/2537.
Abstract:
The overall objective of the study was to determine the financial characteristics of companies involved in merger activity. More specifically, the study aims to determine: (a) whether acquired companies possessed financial characteristics similar to previous failed companies (the 'failing-company' hypothesis); (b) whether acquiring companies possessed financial characteristics similar to previous failed companies and (c) the impact of acquisition on the post-acquisition performance of acquiring companies, and particularly to consider whether their performance differs according to the financial characteristics of the companies they acquired. A new "bankruptcy prediction" model, contemporary with the acquisition data, was derived, tested for robustness, and applied to samples of acquired and acquiring companies. An indirect test of the 'failing-company' hypothesis was carried out by comparison with the results obtained on application of the model to control groups of non-acquired and non-acquiring companies. The test indicated that a higher proportion of acquired companies possessed financial characteristics similar to failed companies than the control group of non-acquired companies. This evidence tends to support the 'failing-company' hypothesis as a motive for mergers for acquired companies. Conversely, there was no such evidence in support of the hypothesis for acquiring companies. The approach adopted also allowed the dichotomy of acquired companies (failing vs. non-failing) which made it possible to test for differential post-acquisition performance of the acquiring companies. In order to evaluate the post-acquisition performance of acquiring companies, three different measurement criteria were adopted. They were: (a) accounting-based profitability and gearing ratios (b) industry-standardardised profitability measure (Meeks (1977)) and (c) performance analysis-scores (PAS-score) (Taffler (1983)). The results indicated that the acquiring companies generally incurred a decline in their post-acquisition profitability measures, while they increased their gearing ratios. Generally, the group acquiring potentially failing companies exhibited 'superior' post-acquisition performance compared with the group acquiring "non-failing" companies. These findings support the managerial motives for mergers since there appears to be little evidence that mergers are undertaken to increase profitability as implied in neoclassical motives. They also suggest the possible need for a review of public policy towards mergers; perhaps mergers ought to be encouraged only if they prevent impending bankruptcy by the acquisition of failing companies.
4
Marx, Amy Joy. "The deregistration of company for failing to submit annual returns in terms of Section 82(3) of the Companies Act 71 of 2008, and the restoration of the company to the companies register in terms of Section 82(4) and Section 83(4) by a creditor." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/45987.
5
Fageole-Maury, Ambre. "Le juge-commissaire et la juridiction commerciale : contribution à l'étude d'une magistrature économique." Thesis, Université Clermont Auvergne (2017-2020), 2018. http://www.theses.fr/2018CLFAD017.
Abstract:
L’étude du juge-commissaire, institution importante du droit des procédures collectives, n’a pas bénéficié de recherches fondamentales, témoignant du décalage existant entre la doctrine et la pratique. Pourtant, le juge-commissaire a vu ses fonctions comme ses missions évoluer au cours des réformes législatives successives. Même si la faillite reste une défaillance ainsi qu’une faute, elle n’est plus nécessairement contraire à la morale. Désormais, échouer est devenu un aléa nécessaire qui permet à l’entreprise en difficulté de purger l’ensemble de son passif, consacrant un droit au rebond du débiteur par le législateur. Or, le législateur a offert au juge-commissaire des outils pour aider les entreprises à se restructurer. Le juge-commissaire doit dans le cadre de sa mission de surveillance, peser les intérêts contradictoires en présence. La recherche d’un équilibre entre des intérêts divergents et antagonistes a consenti à une influence politique du droit de l’entreprise en difficulté. La nécessité de déterminer une hiérarchie entre les différents intérêts s’est imposée, hiérarchie que le juge-commissaire doit faire respecter. Dans une perspective de restructuration et de sauvegarde de l’entreprise, cette étude a déterminé un nouvel intérêt : celui de l’entreprise défaillante, intérêt devant primer lorsque celle-ci mérite d’être sauvegardée. Dès lors, la fonction actuelle du juge-commissaire doit évoluer vers de nouvelles prérogatives au sein de cette magistrature économique singulière, au croisement du droit commercial, du droit des entreprises en difficulté et de la procédure civileThe bankruptcy judge, an important component in collective procedure law, has never been researched in-depth, demonstrating a discrepancy between theory and practice. Yet, the bankruptcy judge has seen both his functions and his missions evolve over the course of successive legislative reforms. Even if bankruptcy remains a failure as well as a fault, it is not necessarily contrary to morality. Nowadays, failure has become a necessary risk that allows struggling companies to purge all their debts, allowing the debtor a right to rebound by the legislator. Nevertheless, the bankruptcy judge has been given tools by the legislator to help companies restructure. The bankruptcy judge must, as part of his supervisory role, weigh up the conflicting interests. Finding a balance between divergent and opposing interests has resulted in political influence on the law regarding struggling companies. It is necessary to determine a hierarchy among the different interests; a hierarchy that the bankruptcy judge must enforce. In view of restructuring and safeguarding companies, this research has defined a new interest: that of the failing company, an interest that must be given priority when the company in question deserves to be protected. Therefore, the current function of the bankruptcy judge must evolve towards new rights within this singular economic magistrature, at the crossroads of commercial law, the law regarding struggling companies and civil law
6
Ligan, Mahoutin. "La déclaration de créances et le nouveau droit des entreprises en difficulté : Approche comparative Droit français/Droit OHADA." Electronic Thesis or Diss., Toulon, 2020. http://www.theses.fr/2020TOUL0136.
Abstract:
La déclaration de créance est une procédure obligatoire réservée à tous les créanciers d'un débiteur qui fait l'objet d'une procédure collective. Elle a principalement une finalité financière et à pour objectif la connaissance du passif du débiteur, et donc de mesurer son endettement au jour du jugement d'ouverture. Cela se justifie par le fait que le nouveau droit des entreprises en difficultés, contrairement à la faillite ancienne, instaure une soumission aux règles rigoureuses de la discipline collective à tous les créanciers de l'entreprise défaillante. Lesquelles règles limitent le pouvoir d'action des créanciers contre cette dernière.il va sans dire que la déclaration de créance revêt un avantage considérable pour le débiteur dans la mesure où elle permet au tribunal d’apprécier (après les procédures de vérification et d'admission des créances), les solutions envisageables pour le sauvetage de l'entreprise défaillante à travers le poids de son passif exigible. De même, elle permet d'entretenir une certaine égalité entre les créanciers de l'entreprise qui vont assurer la reconnaissance de leur droit afin de sauvegarder leur chance de participer à la procédure collective de leur débiteur. Son fondement juridique est précisé par les articles L. 622-24 et suivants du code de commerce français et 78 et suivants de l'acte uniforme portant organisation des procédures collectives (AUPC). Ainsi, à partir de la publication du jugement d'ouverture, tous les créanciers dont la créance est née antérieurement au jugement d'ouverture et les créanciers postérieurs exclus du traitement préférentiel de l'article L. 662-17 du code de commerce français, à l'exception des salariés, adressent la déclaration de leurs créances au mandataire judiciaire dans un délai de deux (2) mois. à défaut de déclaration, les créances non déclarées sont frappées de forclusion et les créanciers négligeant sont exclus des opérations de distribution pendant toute la procédure. Lorsque le créancier a été relevé de forclusion conformément à l'article L. 622-26 du code de commerce français, les délais ne courent qu'à compter de la notification de cette décision ; ils sont alors réduits de moitié. Le délai de déclaration court à l'égard de ceux-ci à compter de la notification de cet avertissement. La déclaration de créance était traditionnellement assimilée à une demande en justice. Ainsi jusqu'à l’ordonnance du 12 mars 2014, il était exigé, pour la validité de la déclaration faite par une personne autre que le débiteur, un mandat spécial donné par écrit pour l'effectuer. De même, le mandataire devait ensuite être capable d'apporter la preuve du mandat reçu jusqu'au jour où le juge statue. Dans le nouveau droit des entreprises en difficulté, la déclaration de créance est perçue comme un simple acte conservatoire, dans la mesure où elle s'apparente, par certains cotés, plus à une mise en demeure ou à une formalité administrative. Nous devons cette remise en cause de la nature de la déclaration de créance à l’ordonnance française du 12 mars 2014. Ce qu'il convient de saluer dans la mesure où cette évolution contribue à l'amélioration de la conservation des droits des créanciers. Malgré le lien de parenté très poussé existant entre les législation française et OHADA, force est de constater que le législateur OHADA n'a pas su profiter de sa récente réforme du 10 septembre 2015 pour simplifier la procédure de déclaration de créance comme cela a été fait en 2014 en France. Si un tel manquement peut se justifier par la jeunesse de la législation en vigueur dans la zone OHADA, il convient pour le législateur OHADA, qu'une évolution soit envisagée en la matière. ce qui peut inciter, à notre sens, le débiteur à fournir aux organes de la procédure, une liste complète de ses créanciers et permettre ainsi à ces derniers de bénéficier des mêmes chances d'être désintéressésThe declaration of claim is a compulsory procedure reserved for all creditors of a debtor who is the subject of collective proceedings. It has a mainly financial purpose and its objective is to ascertain the debtor's liabilities, and therefore to measure his indebtedness on the day of the opening judgment. This is justified by the fact that the new law on companies in difficulty, unlike the old bankruptcy, introduces a submission to the rigorous rules of collective discipline for all the creditors of the failing company. It goes without saying that the declaration of claims is of considerable benefit to the debtor in that it allows the court to assess (after the verification and admission of claims) the possible solutions for rescuing the failing company through the weight of its liabilities. Similarly, it makes it possible to maintain a certain equality between the company's creditors, who will ensure that their rights are recognised in order to safeguard their chance of participating in the collective procedure of their debtor. Its legal basis is specified by Articles L. 622-24 et seq. of the French Commercial Code and 78 et seq. of the Uniform Act Organising Collective Proceedings (AUPC).Thus, from the publication of the opening judgment, all creditors whose claims arose prior to the opening judgment and subsequent creditors excluded from the preferential treatment of Article L. 662-17 of the French Commercial Code, with the exception of employees, shall send a declaration of their claims to the judicial representative within two (2) months. Where the creditor has been relieved of foreclosure in accordance with Article L. 622-26 of the French Commercial Code, the time limits only run from the notification of this decision; they are then reduced by half. The time limit for filing a claim runs from the notification of this warning. Traditionally, a claim declaration was treated as a legal claim. Thus, until the Ordinance of 12 March 2014, a special written mandate was required for the validity of a declaration made by a person other than the debtor. Similarly, the agent then had to be able to provide proof of the mandate received until the day the judge ruled. In the new law on companies in difficulty, the declaration of claim is perceived as a simple conservatory act, insofar as it is, in certain respects, more akin to a formal notice or an administrative formality. We owe this reconsideration of the nature of the declaration of claim to the French order of 12 March 2014.This is to be welcomed insofar as this development contributes to improving the preservation of creditors' rights. Despite the close relationship between French and OHADA legislation, it must be noted that the OHADA legislator has not taken advantage of its recent reform of 10 September 2015 to simplify the procedure for declaring claims as was done in 2014 in France. While such a failure can be justified by the youth of the legislation in force in the OHADA zone, it is appropriate for the OHADA legislator to consider a change in this area. In our opinion, this could encourage the debtor to provide the bodies of the procedure with a complete list of his creditors and thus enable the latter to benefit from the same chances of being paid
7
Lan, Kuo-Yi, and 藍國益. "Predictive Model of the Failing Company－Considering the Impact of Common Stock Holdings." Thesis, 1996. http://ndltd.ncl.edu.tw/handle/66516788314155632895.
Abstract:
碩士東吳大學
企業管理學系
85
For a long time , the reasearch of the failing company has always been concerned by government , banks , enterprises and investors . Also , the statistics using in establishing the failing company model is developed continuously . However , most related researchs emphasized financial factors in establishing models , and ignored nonfinancial factors . It may lead error prediction of enterprise''s financial situation because the financial data is not correctly . Further , enterprises may have been badly financial distress when we find the company''s finacial factor is worse . In short , it is necessarily drawing into nonfinancial factors in establishing models , and the time in detecting financial distress may be early and the predictive accuracy may be higher . This research''s purpose is probing into the impact of nonfinancial factors to the failing company model , so this paper refered to Daily and Dalton (1994) using 4 indicators of common stock holdings for available data . These indicators arenumber of 5% holders , percentage held by 5% holders , percentage held by institutions and percentage held by officers and directors . Empirically , the research employed a matched pair design of 23 distressed firms and 57 surviving firms . Further , the factor analysis was used to two group of sample data . First group considered both financial and nonfinancial factors . Because part variables of sample data were not normally , the logistic regression was used to establish the failing company modelfor three years before fail occured . The empirical result revealed that the second group has longer and early predictive ability , but financial factors still have the most ability of prediction when the enterprise closing to the fail occured . However , the predictive ability between two group''s is not different obviously .
8
DE, SIMON-GARCIA Almudena. "Efficiency and failing company issues under United States and European merger control law." Doctoral thesis, 1996. http://hdl.handle.net/1814/5568.
9
Ting, Ming-Yin, and 丁明尹. "The Study of Key Successful and Failing Factors in Optical Storage Industry-The Case of C Company." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/77a243.
Abstract:
碩士輔仁大學
科技管理學程碩士在職專班
102
In view of economic socio-economic growth, the demands for data transmission and storage keep increasing apidly. Optical data storage was first introduced to Taiwan in 1999. Though the characteristics of its competition model and low threshold once brought in record-high revenue for the industry, its profits gradually decreased due to the development of rival products and their subsequent inroads into the market. Faced with the weakening of overall economy and changes in the industry, companies have to make decisions on transformation. This study aims, through case study, to explore the motives behind the industry’s shift in investment and its establishment of subsidiary companies. The investment strategies and business performance in different stages are also inspected.This study examines the advantages, strategies, characteristics and future development of optical data storage industry in terms of competitiveness, complemented with the case study of C Company, analyzing its management strategies, structures, corporate culture and SWOT based on characteristics of the industry, five forces analysis and review of literature. This study finds that the industry’s common core techniques include injection molding, thin films sputtering, and chemical chromatographic techniques. Its transformation also mainly focuses on application of these core techniques, moving toward solar energy and TFT-LCD panel industry, mostly lower in the supply chain. If it can move upward with diversified development, combined with reconstruction of its corporate culture, it is bound to benefit significantly from its transformation and attain sustainability.
10
Svoboda, Karel. "Srovnání kontroly horizontálních fúzí v EU a USA se zaměřením na přínosy fúzí a obranu bankrotující společnosti." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-299001.
Abstract:
A comparison of merger control in the EU and the USA focusing on efficiency defence and failing company defence This paper compares the interpretation of efficiency defence and failing company defence in horizontal mergers in the EU and the USA. The arguments for each were first introduced in the decisional practice of US antitrust authorities and then included in the Merger Guidelines. Over the years both types of defence have been used in US antitrust law. Harsh criticism of the prohibition of several mergers at the beginning of the 21st century led to the reform of European merger control. Among other things, the reforms introduced efficiency defence and failing company defence. Given the complexity of competition law and the many factors that influence it, several background issues must first be analyzed, such as basic economic theories of competition law, the economic grounds for mergers and the political background. After comparing the relevant written law, the case law regarding efficiency defence and failing company defence in both jurisdictions is described. In this way the developments of the doctrines are clearly visible. Subsequently the current situation is described by comparing the requirements set by written law and their interpretation by decisional practice. It was found that the...
Books on the topic "Failing company":
1
McNeill, Philip. Company penalties: The cost of failing to comply with statutory responsibilities. London: Financial Times, 1993.
2
Garten, Gregor Nikolaus. Die failing company defense im europäischen Recht: Eine Untersuchung zur Berücksichtigung von Sanierungsgesichtspunkten in der europäischen Fusionskontrolle. Frankfurt am Main: Peter Lang, 2004.
3
Sanghi, Steve. Driving excellence: How the aggregate system turned Microchip Technology, Inc. from a failing company to a market leader. Hoboken, N.J: John Wiley & Sons, Inc., 2006.
4
Jones, Mike J., and Steve Sanghi. Driving Excellence: How the Aggregate System Turned Microchip Technology from a Failing Company to a Market Leader. Wiley & Sons, Incorporated, John, 2006.
5
Jones, Mike J., and Steve Sanghi. Driving Excellence: How the Aggregate System Turned Microchip Technology from a Failing Company to a Market Leader. Wiley & Sons, Incorporated, John, 2008.
6
Ulrich, David. Victory through organization: Why the war for talent is failing your company and what you can do about it. 2017.
7
Roule, Natasha, ed. La chute de Phaéton, comédie en musique (1694). A-R Editions, 2022. http://dx.doi.org/10.31022/b233.
Abstract:
Marc-Antoine Legrand's La chute de Phaéton, comédie en musique (1694) is the only surviving opera parody from France that was written outside of Paris in the seventeenth century. Part spoken theater and part musical drama, Legrand's work sets excerpts of Jean-Baptiste Lully's Phaéton to a narrative about a troupe of musicians in the city of Lyon who try to rescue their failing opera company from financial collapse. Based on actual events, La chute de Phaéton cleverly transforms Lully's moral lessons on the disastrous consequences of hubris into a scathing commentary on the opera industry—and on the genre of opera itself. The musical portion amounts to approximately thirty minutes of performance time and includes dances, choruses, récitatifs, and airs, making it an ideal tool for introducing students to French baroque music as well as for offering an opportunity of creative exploration for those more experienced with the repertoire.
8
Roy, Goode, Kronke Herbert, and McKendrick Ewan, eds. Part VI Recurrent Issues of Harmonization, 22 The Relationship between Transnational Commercial Law Treaties and National Law. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198735441.003.0023.
Abstract:
This chapter analyses the relationship between a State's national law and transnational commercial law treaties; it also considers ways to assess and measure State compliance with transnational commercial law treaties, discusses consequences of noncompliance, and suggests ways to improve compliance. The chapter first examines what a State must do for a treaty to have the force of law and to prevail over conflicting laws. It then discusses issues relating to a treaty's scope and the continuing role of national law. The chapter then turns to issues of compliance with transnational commercial law treaties, considering what it means to comply with treaty obligations and what evidence there is to indicate whether states actually comply and can be expected to comply with their treaty obligations. Finally, it discusses the consequences of failing to comply with treaty obligations and suggests ways to enhance compliance.
9
Lucas , Jr., Henry C. The Search for Survival. ABC-CLIO, LLC, 2012. http://dx.doi.org/10.5040/9798216012146.
Abstract:
Ideal for business students, business managers, and corporate senior executives, this book distills the lessons learned from the disasters that have befallen companies that were unable to cope with disruptive technologies. In recent decades, technology has changed rapidly to the point that it can very quickly affect a seemingly impregnable company or industry. Unexpected technological developments enable innovators to offer new products and services that threaten incumbents. In order to survive, existing firms must be able to see a disruption on the horizon and figure out how to respond. The Search for Survival: Lessons from Disruptive Technologies examines organizations that failed to develop a strategy for coping with a technological disruption and have suffered greatly or even gone out of business. The first chapter presents a model of how firms can respond to and hopefully survive a disruptive technology. Each following chapter focuses on firms that have failed to survive or whose future is in doubt, accompanied by an extensive, detailed discussion of the lessons learned from each company or field's failings, covering examples from industries such as recorded music, book publishing, video, newspaper, and higher education.
10
Nassauer, Anne. Situational Breakdowns. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190922061.001.0001.
Abstract:
This book provides an account of how and why routine interactions break down and how such situational breakdowns lead to protest violence and other types of surprising social outcomes. It takes a close-up look at the dynamic processes of how situations unfold and compares their role to that of motivations, strategies, and other contextual factors. The book discusses factors that can draw us into violent situations and describes how and why we make uncommon individual and collective decisions. Covering different types of surprise outcomes from protest marches and uprisings turning violent to robbers failing to rob a store at gunpoint, it shows how unfolding situations can override our motivations and strategies and how emotions and culture, as well as rational thinking, still play a part in these events. The first chapters study protest violence in Germany and the United States from 1960 until 2010, taking a detailed look at what happens between the start of a protest and the eruption of violence or its peaceful conclusion. They compare the impact of such dynamics to the role of police strategies and culture, protesters’ claims and violent motivations, the black bloc and agents provocateurs. The analysis shows how violence is triggered, what determines its intensity, and which measures can avoid its outbreak. The book explores whether we find similar situational patterns leading to surprising outcomes in other types of small- and large-scale events: uprisings turning violent, such as Ferguson in 2014 and Baltimore in 2015, and failed armed store robberies.
Book chapters on the topic "Failing company":
1
Jancovich, Leila, and David Stevenson. "Failing at the Frontline." In Palgrave Studies in Cultural Participation, 81–103. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-16116-2_5.
Abstract:
AbstractThis chapter focuses on the type of failures that practitioners most often recognise. It examines the contested meanings of participation not only between policymakers and practitioners but also between different types of practitioners. This chapter considers the levers and barriers in addressing failures of practice and then presents alternative narratives about these failures that may support or challenge those of policymakers. In doing so, this chapter explores the complexity of failure across multiple agendas and for different stakeholders. Throughout, the theatre company Slung Low is offered as an illustrative example of practice.
2
Bencsik, Péter. "Nagy Imre Gerő Ernő "tiszta lap" politikájáról." In Fontes et Libri, 13–21. Szeged, Hungary: Szegedi Tudományegyetem, 2023. http://dx.doi.org/10.14232/btk.2023.sje.2.
Abstract:
In July 1956, the situation of Mátyás Rákosi became untenable in Hungary, and he had to resign as first secretary of the Hungarian Working People’s Party (HWPP). He was succeeded by the second man of the regime, Ernő Gerő, who, like his predecessor, was rejected by the Hungarian society. The HWPP made a serious mistake from points of view: not only by appointing Gerő as the head of the party, but also by failing to restore Imre Nagy’s party membership and reinstate him as head of government. (He had been removed from office in the first half of 1955 and expelled from the party in December 1955.) The 20th Congress of the Communist Party of the Soviet Union created a new situation in which even Gerő, previously a committed Stalinist, became an advocate of reform himself. Against all expectations, Gerő, although his rule lasted less than a hundred days, announced and even began to implement significant reforms. In this paper, I examine three questions. Firstly, I compare Imre Nagy’s reforms, the ‘new course’ announced in 1953 with Gerő’s programme, the ‘clean sheet’ policy three years later. Secondly, I will review how Imre Nagy’s request for the reinstatement of his party membership was handled by the old-new party leadership. Finally, I would like to know how Imre Nagy himself assessed the ‘clean sheet’ programme in the late summer and early autumn of 1956, and to what extent his assessment of it changed afterwards, following the 1956 revolution.
3
Cross, Elizabeth. "Revolutionary Regeneration." In Company Politics, 132—C6T1. Oxford University Press, 2023. http://dx.doi.org/10.1093/oso/9780197653753.003.0007.
Abstract:
Abstract The abolition of privilege in August 1789 opened a new, revolutionary chapter in the debate over the Nouvelle Compagnie des Indes. As the National Assembly took up the problem of the New Company’s monopoly in 1790, the deputies grappled with questions about the resurgence of French power in India, the purpose of the Indies trade in the French economy, and the Revolution’s changed fiscal realities. While they disagreed vehemently about the uses and legitimacy of privilege, the deputies largely condemned the Company and its commercial mandate for failing to secure French imperial interests in South Asia. In turn, the revocation of the New Company’s monopoly led to a revolutionary experiment by its shareholders, as they sought to chart a new course for the Company as an entirely private and apolitical commercial actor. Their pursuit of this design reveals a vision of the French Revolution as a period of not only major economic transformation, but also opportunity.
4
"FAILING AIRLINES, STRIKING PILOTS, AND BLOATED STATE COMPANY PAYROLLS." In Capitalism in the 21st Century, 150–54. WORLD SCIENTIFIC, 2019. http://dx.doi.org/10.1142/9789813274242_0035.
5
Crawford, Margaret. "Earle S. Draper and the Company Town in the American South." In The Company Town, 139–72. Oxford University PressNew York, NY, 1992. http://dx.doi.org/10.1093/oso/9780195070279.003.0006.
Abstract:
Abstract In 1917, when Earle S. Draper (Fig. 5.1) opened his office in Charlotte, North Carolina, he became the South’s first resident city planner. Two years earlier, his employer, the Cambridge, Massachusetts, planner John Nolen, had dispatched the young landscape architect to supervise his operations in the South, where Draper quickly saw the professional opportunities the growing economy of the New South offered planners. After failing to convince Nolen to expand the Charlotte office, Draper decided to strike out on his own.1 His appearance in the South coincided with a major expansion in the Southern cotton textile industry. The wartime boom spurred rapidly developing production as the industry spread across the Piedmont, the foothills stretching from southern Virginia through the Carolinas to Georgia and eastern Alabama. Charlotte’s central location in this region made it the hub of the industry, and mill owners were among Draper’s first clients. Despite the growing profits generated by new mills and the expansion of the industry, the mill village had become a site of increasing social and cultural conflict. Mill owners hoped that Draper’s planning expertise could produce a new type of mill village, one that would reconcile their economic aims with growing local criticism of village conditions and the continuing restlessness of the mill workers.
6
Smajdor, Anna, Jonathan Herring, and Robert Wheeler. "Other issues of liability." In Oxford Handbook of Medical Ethics and Law, edited by Anna Smajdor, Jonathan Herring, and Robert Wheeler, 109–16. Oxford University Press, 2021. http://dx.doi.org/10.1093/med/9780199659425.003.0014.
Abstract:
This chapter explains when a person can be liable for failing to act. It also explores the concept of vicarious liability whereby a public body or company can be liable for the acts of employees. It also considers the circumstances in which a company can itself be liable for a crime. The chapter addresses the possibility of no fault liability which is used in some jurisdictions.
7
Hoskisson, Robert E., and Michael A. Hitt. "Leveraged Buyouts and Debt as a Restructuring Alternative." In Downscoping, 108–24. Oxford University PressNew York, NY, 1994. http://dx.doi.org/10.1093/oso/9780195078435.003.0007.
Abstract:
Abstract Prior to being acquired in a leveraged buyout (LBO) in 1986, Beatrice Food Company had three major businesses—U.S. food, consumer products, and international food—and was arguably the largest packaged food and consumer products company in the United States. In August 1985 the LBO firm Kohlberg, Kravis, Roberts & Company made an offer to buy the company, and, after failing to elicit a white knight (a company, friendly to existing management, that offers a competing bid with the goal of defeating the original offer), Beatrice’s board accepted a sweetened offer in February 1986. The deal cost $8.2 billion and was hailed as “the deal of the century.”
8
"Miscellaneous Expenses Issues." In Expenses, edited by Iain W. Nicol and James S. Flett, 165–72. Edinburgh University Press, 2022. http://dx.doi.org/10.3366/edinburgh/9781474483650.003.0026.
Abstract:
This chapter explores some miscellaneous issues not covered in previous chapters such as remuneration of Curator ad Litems and recovery of their charges; expenses in relation to cases where a driver and their insurance company are sued and how to avoid the pitfall of failing to recover costs incurred in a Petition to restore a company to the Companies register. Protective Expenses Orders are discussed in detail with the relevant rules and case law set out and there is an overview of fees payable to the courts and when exemptions may apply.
9
Baranidharan, S., Clement Chiahemba M. Ajekwe, and Marie Goretti Nakitende. "Accounting Fraud and Bankruptcy." In Theory and Practice of Illegitimate Finance, 222–44. IGI Global, 2023. http://dx.doi.org/10.4018/979-8-3693-1190-5.ch012.
Abstract:
This chapter examines the scandal at Wirecard AG, a German payment processing and financial services company, that became one of the most valuable companies on the German stock exchange in the 2010s. From 2010 to 2018, Wirecard reported consistent revenue growth and profitability. In 2019, the company reported revenues of €2.8 billion ($3.2 billion). As of September 2018, its market capitalization was over €24 billion ($27 billion). In late 2019, the Wirecard scandal was discovered through investigative reports by the Financial Times, which raised questions about Wirecard's accounting practices. The company faced a major scandal in 2020 when it was revealed that €1.9 billion ($2.1 billion) was missing from its balance sheet. Subsequent investigations revealed a massive accounting fraud that had been going on for years. Subsequently, the company filed for bankruptcy. Multiple Wirecard executives, including its CEO, were charged with fraud and market manipulation. German regulators and auditors were criticized for failing to detect and prevent the fraud.
10
Hussadintorn Na Ayutthaya, Duangthida, and Pisut Koomsap. "Improving Experience Clues on a Journey for Better Customer Perceived Value." In Advances in Transdisciplinary Engineering. IOS Press, 2019. http://dx.doi.org/10.3233/atde190107.
Abstract:
Value is in the eyes of customers, and business success relies on how customers perceive the value of what a company offers to them. Therefore, seeing value through the eyes of customers and properly design of customer experience journey have become important and grabbed the attention of practitioners and scholars in recent years. Failing to understand customer perception can cause damage and puts the company at risk of retaining a competitive advantage. However, current research has not yet provided a holistic and systematic structure in which experience clues and customer perceived channels are incorporated. Therefore, presented in this paper is a framework, based on the customer experience journey, to underline the role and the connection of experience clues and customer perceived channels on the customer experience journey. The proposed framework is illustrated through a real case study on broadband service for onboarding new customers. The framework is expected to provide practical value to a company and experience designers on improving their offerings to be more effective in order to achieve better customer perceived value.
Conference papers on the topic "Failing company":
1
Bookoff, Leslie I., and Dinesh N. Melwani. "Strengthening a Patent Portfolio by Smart Patent Procurement." In ASME 2009 4th Frontiers in Biomedical Devices Conference. ASMEDC, 2009. http://dx.doi.org/10.1115/biomed2009-83008.
Abstract:
Medical device developers frequently invest enormous amounts of money and inventor hours to develop and commercialize new devices and treatments. Once commercialized, however, these devices and treatments often can be duplicated by competitors for a fraction of the initial investments. A strong patent portfolio protects these investments by deterring the manufacture, sale, and importation of unauthorized duplications. In addition, a strong patent portfolio can capture venture capital interest and increase a company’s market value. Medical device developers should employ prudent defensive and offensive patent strategies during the early stages of product development. Such strategies not only provide for an effective defense against unauthorized product duplication but also increase the value of their products. This presentation will provide insights into building a strong patent portfolio that can withstand the attacks of competitors. In particular, this presentation will discuss various effective strategies that include: • Timely Invention Capture and Patent Filings — + Discover the activities that can cause an unintentional loss of patent rights and how to avoid them. + Learn the necessary recording and documentation of inventive activity needed to prevail in litigation. + Hear how patents can help you control a competitor’s ability to improve their products by obtaining blocking patents. • Creating a Valuable Application Disclosure — + Use your technical expertise to help your patent attorney fully disclose your invention and all conceivable variations and modifications. + Know why the Patent Office requires disclosing the “best” way of practicing your invention, and how failing to do so can affect your patent rights. • Obtaining Commercially Significant Claims — + Consider what it will take to prove infringement of your claims. + Ensure your claims target as many infringers as possible through the use of various claim types and scope. + Be certain your claims account for future improvements or “design-arounds” to your product. + Ensure your patent attorney is aware of the competition and has drafted claims that cover their devices and foreseeable enhancements. • Inventorship and Ownership — + Understand improper inventorship and how it can destroy patent rights. + Find out who is an “inventor” and how to determine inventorship. + Ensure your company owns the rights to a patent. • Avoiding Patent Procurement Pitfalls — + Learn about the Patent Office’s “Duty of Disclosure” and who must comply. + Ensure your compliance with the “Duty of Disclosure.” + Understand how inventor and corporate failure to comply with the “Duty of Disclosure” can destroy patent rights. In summary, building a strong patent portfolio in concert with a company’s business objectives is imperative in today’s technologically complex and rapidly changing economy. Many successful companies understand that a strong patent portfolio, which protects core technologies and contains offensive and defensive patents, can provide a competitive advantage in the marketplace. By employing the strategies in this presentation, a company can build a strong patent portfolio that reflects present and future business goals and enhances the value of the company.
2
Baloh, Peter. "Returning the ‘I’ in the ‘IT’ Education of MScIS/MBA Professionals." In InSITE 2004: Informing Science + IT Education Conference. Informing Science Institute, 2004. http://dx.doi.org/10.28945/2783.
Abstract:
To succeed in the global marketplace, companies must reposition themselves to tap the sources of sustainable growth. After failing to connect information technology investments with business performance, successful senior managers today know that ‘effective use of information’ does not equal merely a new IT solution. Instead, business performance can only be improved with an excellence at using information proactively, sensing and processing information appropriately, and deploying IT for management support. The knowledge workers, on whom every company depends since the success depends on how fast they utilize proper information, should be the focus of information use in organizations. The paper presents three information capabilities that form information orientation, a high-level idea of senior managers, which embraces expectations of the business community regarding business-information systems professionals. Based on that presentation, a framework of topics for MScIS/MBA educational programs is developed. Findings can serve as a guideline when building, revising and endorsing contemporary and relevant curricula for mentioned programs.
3
Burgett, Leo R., and Tim Mercer. "Managing Fuel Oil Nozzle Coking to Improve Gas Turbine Availability." In ASME Turbo Expo 2000: Power for Land, Sea, and Air. American Society of Mechanical Engineers, 2000. http://dx.doi.org/10.1115/2000-gt-0177.
Abstract:
Fuel oil nozzle coking has been a continuing problem for operators of gas turbine power plants. Over the years, several “solutions” to eliminate the coking of the fuel oil have been implemented to improve plant reliability and availability. When the fuel oil nozzle is “coked”, the startup and operation of the gas turbine are impaired and an unscheduled outage is needed to clean the fuel oil nozzle. In 1997, a project was initiated to investigate the coking problem as it affects the operation of the dual fuel burner of the ABB ALSTOM POWER Inc. GT11N1 single burner (SBK) gas turbine. The GT11N1 SBK fuel oil nozzle (see FIGURE 1) was failing to operate properly because of “coked” fuel oil residue on its internal components (stationary and moveable). ABB ALSTOM POWER Inc. teamed with Savannah Electric & Power Company and collected data that indicated adequate nozzle cooling air could reduce the rate of fuel oil coking. A nozzle cooling air system modification was installed on one of the ABB ALSTOM POWER Inc. 11N1 gas turbines at the Savannah Electric & Power Company McIntosh Power Plant. The modification included an AC motor driven air blower to provide cooling air to the fuel oil nozzle after shutdown of the gas turbine. Inspection of the components inside the fuel oil nozzle showed that very little fuel oil oxidation had occurred inside the nozzle during the three-month test period. By improving the fuel oil nozzle cooling air system, the coking problem can be better managed.
4
Botte, John, and Paul Gielen. "Setup and Organisation of a NDA-System Procurement Project." In The 11th International Conference on Environmental Remediation and Radioactive Waste Management. ASMEDC, 2007. http://dx.doi.org/10.1115/icem2007-7274.
Abstract:
Belgoprocess is momentarily in the process of purchasing its fifth NDA-system. Measurement systems are, although based on general designs, not from the shelf items but tailormade sophisticated and highly automated devices. It is obvious that such a project cannot be carried out by solely a NDA team, but needs a multifunctional team. This team combines NDA expertise with experts in civil works, electrical and mechanical engineering, procurement, IT, safety and legal administration. From less positive experiences in the past, Belgoprocess learned a lot and has now a systematic in place. This systematic structures the project from definition of requirements to operation, a two to three year process. This paper defines the phases of a NDA project and gives for each phase some do’s and don’ts. A second subject is the writing and handling of the vast but needed and required documentation. It gives a brief overview of the over thirty documents and files needed. The described, integrated and formal approach reduces the risk of failing projects, systems not meeting the expectations or denied qualification. It puts clear agreements in place, smoothening the relationship between company, supplier and authorities.
5
Aston, Trevor, David Marchetti, Colin Walker, Jeff Wiener, Philipp Stratmann, and Keith Silverman. "Harnessing Wave Energy to Provide Autonomous Offshore Power for Subsea Well Monitoring." In Offshore Technology Conference. OTC, 2022. http://dx.doi.org/10.4043/31749-ms.
Abstract:
Abstract Due to rig availability and costs, operators can face significant delays in well decommissioning before plug and abandonment (P&A), during which temperature and pressure monitoring is required. If an umbilical connected to these wells fails, then it must be replaced, adding additional costs to a field with nonproducing wells. This study addresses a solution to replacing a faulty umbilical in a small field where hydraulics are already supplied to the wells, but power and communications are failing. Ocean Power Technologies, Inc. (OPT) has developed the PB3 PowerBuoy® that converts wave energy into local electric power. The PB3 can provide power and communications for many applications, including subsea well monitoring. OPT partnered with a prominent North Sea-based subsea controls original equipment manufacturer (OEM) and engineering company to perform a preliminary front-end engineering and design study to evaluate the use of a PB3 PowerBuoy to provide power and communications for two subsea trees (XTs) located in the North Sea. The Subsea Control Modules (SCMs) for these two XTs are powered by an umbilical from a production platform, providing power, communications, and hydraulics. Given the government regulations for well monitoring until P&A, having a plan for an independent backup power source is critical. In this study, the PB3, umbilical cable, and OPT's subsea battery module (SSB) are added to the existing subsea infrastructure to provide power to the subsea XTs and relay data back to the production platform via a Tampnet 4G node on the PB3. These requirements have been compared with the PB3's expected power generation capabilities in this location to develop a preliminary system configuration. As a part of this study, OPT has also completed a preliminary mooring and umbilical cable analysis. In addition, OPT worked with our partners to develop a preliminary communications plan to integrate their legacy frequency shift keying (FSK) communications into the PB3 network by use of a modified downhole interface unit (DIU) containing a terminal server to network the master control station (MCS) on the production platform to the SCMs. This study shows that OPT's PB3 can provide power and communications to subsea wells requiring monitoring through renewable wave-powered energy. Such a development will provide proof-of-concept for using the PB3 as a remote power and well control solution on future all-electric developments.
6
Upreti, K. C., and Sai Vamsidhar Bontha. "Flow Accelerated Corrosion in Steam Condensate Piping and Valves: Problems Faced and Actions Taken." In ASME 2011 Power Conference collocated with JSME ICOPE 2011. ASMEDC, 2011. http://dx.doi.org/10.1115/power2011-55222.
Abstract:
Flow accelerated corrosion (FAC) is a combined form of erosion, corrosion and Cavitation. This is prominent in steam condensate lines which results in fast reduction of thickness in piping, piping components and valves. It is estimated that this problem is faced by majority of plants. There has been an increased emphasis on correcting these problems due to fatal accidents that occurred in 1986, 1995, 1996 and 2004 at various locations around the world. [3] After commissioning of the plant, Steam condensate system erosion/corrosion problem started appearing within one year of operation. To ensure uninterrupted plant running on line sealing was done and monitoring was done by proper thickness checking. These on line sealing points were replaced during available opportunity. In some cases plant shutdown was taken to replace leaking piping components & these incidents resulted into revenue loss to company. Aggressive inspection programs were taken up for thickness measurement on condensate lines and as a proactive measure, elbows were encapsulated with higher size elbows, reducers by on line welding/furmaniting with special clamps. Similarly gate and globe valves in condensate service also started failing as a result of erosion of body seat rings. Globe valves installed on bypass lines of control valves were found passing. Once these valves were operated for maintenance of control valves they could not be closed. In some cases valve body developed leak due to high velocity erosion. Various studies conducted for replacing these components by higher schedule fittings & pipes but it did not improve the situation except for slight increase in life of these components. Velocities were calculated at various locations and higher velocity, condensate impingement/cavitation was found as root cause of problems. This problem was solved by various methods like using higher metallurgy P11, P22 material, line size increase with increase in control valve sizing, lay out changes etc. This helped in improving reliability of condensate system and reducing risk associated with failure of piping. This paper presents a variety of cases where single-phase and two-phase steam flows, caused erosion-corrosion damage mainly at turn points of elbows and valves. It was observed that the presence, even of a small amount of the vapor phase can significantly increase the velocity of the condensate. This paper describes the mechanism of failures by study of the failed components, operating conditions & piping lay out. In this study velocity of steam /condensate at reducing section was found to be very high. Other various contributing factors like control valve / piping sizing, metallurgical requirements, effectiveness of steam traps, flow velocity and valve design (globe & gate) were also studied. The main causes of the failures are discussed and recommendations are provided to rectify the root cause of the problems & avoid similar problems in the future.
7
Doynov, Krassimir, Evyatar Belson, Hengliang Yuan, Rune Haakonsen, Ying Li, and John Duggan. "Root Cause Analysis of Bend Stiffener Failure During Umbilical Full-Scale Fatigue Testing." In ASME 2016 35th International Conference on Ocean, Offshore and Arctic Engineering. American Society of Mechanical Engineers, 2016. http://dx.doi.org/10.1115/omae2016-54063.
Abstract:
Dynamic bend stiffeners are widely used to prevent overbending and achieve the desired fatigue life of umbilicals and flexible pipes by transferring bending moments locally to support structures on floaters. Full-scale fatigue testing of umbilical and bend stiffener assemblies has been historically used to verify umbilicals’ fatigue performance in test lab conditions. Fatigue tests on steel tube umbilicals are usually conducted by testing the critical steel tube component to failure as detected by pressure drop and leakage. During a full-scale fatigue verification test conducted while executing a deep-water project in the Gulf of Mexico a bend stiffener has failed prior to failing the critical umbilical steel tube. This test failure, which is the first one encountered on projects stewarded by ExxonMobil Development Company (EMDC), manifested itself as inner and outer polyurethane (PU) cracks extending between 3 and 9 o’clock along the bend stiffener circumference at two different locations. A root cause analysis has been performed on the test failure based on the findings of the bend stiffener and umbilical dissections and temperature measurements. Two possible failure scenarios were constructed and investigated via finite element analyses (FEA), component adhesion tests, and thorough re-verification of manufacturing process and procedures. The FEA was instrumental in confirming adequate bend stiffener strength, and the likely failure scenario of PU fatigue failure due to overheating caused by high test-strain levels required to accelerate decades long operational loading into 3-month test loading. The FEA has been performed to bound the temperature distribution inside the bend stiffener based on loading conditions and temperature measurements taken during the test. Sequential structural-thermal analysis approach has been adopted by using quasi-static and steady state analyses. Equivalent strain distribution under fatigue loading was obtained through nonlinear structural analysis, and imported as heat source input in the PU material and the thermal model. Linear relationship between the strain rate and the heat generation rate has been used. The hysteretic heat generation model and heat transfer boundary conditions were calibrated by matching temperature results to thermocouple readings positioned at various locations on both the bend stiffener and umbilical during testing. The resulting temperature distributions showed the temperature at the inner crack had exceeded the temperature limit established via PU dogbone fatigue tests. Manufacturing process and procedures have been re-verified by conducting adhesion tests, quality checks and recoating of steel work. The root cause analysis has concluded that the bend stiffener design is fit for service. Three main development opportunities are suggested for industry’s consideration to cover thermal design for operation and flex testing of bend stiffeners with umbilicals or flexible risers: a) testing methodology to establish PU heat generation with strain rate relationships, b) methodology and tools for coupled thermo-mechanical FEA, and c) non-destructive test methods for detection of coating and PU disbondments of finished products, and temperature measurement and profiling that can be used for FEA methodology and tool validation.
8
Estores, Rommel, Pascal Vercruysse, Karl Villareal, Eric Barbian, Ralph Sanchez, and Rich Ackerman. "Failure Analysis Enhancement by Incorporating a Compact Scan Diagnosis System." In ISTFA 2014. ASM International, 2014. http://dx.doi.org/10.31399/asm.cp.istfa2014p0436.
Abstract:
Abstract The failure analysis community working on highly integrated mixed signal circuitry is entering an era where simultaneously System-On-Chip technologies, denser metallization schemes, on-chip dissipation techniques and intelligent packages are being introduced. These innovations bring a great deal of defect accessibility challenges to the failure analyst. To contend in this era while aiming for higher efficiency and effectiveness, the failure analysis environment must undergo a disruptive evolution. The success or failure of an analysis will be determined by the careful selection of tools, data and techniques in the applied analysis flow. A comprehensive approach is required where hardware, software, data analysis, traditional FA techniques and expertise are complementary combined [1]. This document demonstrates this through the incorporation of advanced scan diagnosis methods in the overall analysis flow for digital functionality failures and supporting the enhanced failure analysis methodology. For the testing and diagnosis of the presented cases, compact but powerful scan test FA Lab hardware with its diagnosis software was used [2]. It can therefore easily be combined with the traditional FA techniques to provide stimulus for dynamic fault localizations [3]. The system combines scan chain information, failure data and layout information into one viewing environment which provides real analysis power for the failure analyst. Comprehensive data analysis is performed to identify failing cells/nets, provide a better overview of the failure and the interactions to isolate the fault further to a smaller area, or to analyze subtle behavior patterns to find and rationalize possible faults that are otherwise not detected. Three sample cases will be discussed in this document to demonstrate specific strengths and advantages of this enhanced FA methodology.
9
Raghunath, Ganesh, Alison B. Flatau, Ashish Purekar, and Jin-Hyeong Yoo. "Non-Contact Torque Measurement Using Magnetostrictive Galfenol." In ASME 2013 Conference on Smart Materials, Adaptive Structures and Intelligent Systems. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/smasis2013-3227.
Abstract:
This work deals with the development of a non-contact torque sensor system prototype made from rolled and textured Galfenol, a magnetostrictive alloy of Iron and Gallium. It is already known that this smart material exhibits a linear response to strain in the presence of appropriate biasing magnets. The response of a sensor system built from it follows commercially available strain gages. In this research, the magnetic change in Galfenol due to shear strain experienced by the shaft in torque will be monitored using Hall effect sensors to derive the torque information. Factors affecting the performance of this Wireless Magneto-Elastic Torque Sensor System (WIMETs) such as annealing, rolling process and strain transfer of adhesives shall be explored. The ability to provide real-time measurements with minimal signal conditioning requirements make a well-designed torque system attractive for applications such as condition based maintenance. Factors such as being non-contact and passive to the shaft, compact and easy to install, accurate, sensitive and cost effective are highly desired for any torque measurement system. A rate-of-change torque sensor that demonstrates both a sensitivity and time resolution high enough to not only recognize failing machinery, but to specifically identify the failing part is also a critical feature. These characteristics have been incorporated in the current design of WIMETs. A mathematical model for the magneto-elastic coupling along with simulations from COMSOL shall be presented. Results from static tests for various torques and dynamic tests for various torques at different RPMs will be discussed. It will be shown that the WiMET sensor system setup in a clamshell is reliable and exhibits sensitivity of up to 10mV/in-lb. over a wide range of torque (0–150 lb.-in). Its performance will be compared with a commercial torque sensor and results for detection of eccentric loads on the shaft will also be furnished.
10
Fang, Zhijie, Weiqun Wang, Shixin Ren, Jiaxing Wang, Weiguo Shi, Xu Liang, Chen-Chen Fan, and Zeng-Guang Hou. "Learning Regional Attention Convolutional Neural Network for Motion Intention Recognition Based on EEG Data." In Twenty-Ninth International Joint Conference on Artificial Intelligence and Seventeenth Pacific Rim International Conference on Artificial Intelligence {IJCAI-PRICAI-20}. California: International Joint Conferences on Artificial Intelligence Organization, 2020. http://dx.doi.org/10.24963/ijcai.2020/218.
Abstract:
Recent deep learning-based Brain-Computer Interface (BCI) decoding algorithms mainly focus on spatial-temporal features, while failing to explicitly explore spectral information which is one of the most important cues for BCI. In this paper, we propose a novel regional attention convolutional neural network (RACNN) to take full advantage of spectral-spatial-temporal features for EEG motion intention recognition. Time-frequency based analysis is adopted to reveal spectral-temporal features in terms of neural oscillations of primary sensorimotor. The basic idea of RACNN is to identify the activated area of the primary sensorimotor adaptively. The RACNN aggregates a varied number of spectral-temporal features produced by a backbone convolutional neural network into a compact fixed-length representation. Inspired by the neuroscience findings that functional asymmetry of the cerebral hemisphere, we propose a region biased loss to encourage high attention weights for the most critical regions. Extensive evaluations on two benchmark datasets and real-world BCI dataset show that our approach significantly outperforms previous methods.
Reports on the topic "Failing company":
1
Lubowa, Nasser, Zita Ekeocha, Stephen Robert Byrn, and Kari L. Clase. Pharmaceutical Industry in Uganda: A Review of the Common GMP Non-conformances during Regulatory Inspections. Purdue University, December 2021. http://dx.doi.org/10.5703/1288284317442.
Abstract:
The prevalence of substandard medicines in Africa is high but not well documented. Low and Middle-Income Countries (LMICs) are likely to face considerable challenges with substandard medications. Africa faces inadequate drug regulatory practices, and in general, compliance with Good Manufacturing Practices (GMP) in most of the pharmaceutical industries is lacking. The majority of pharmaceutical manufacturers in developing countries are often overwhelmed by the GMP requirements and therefore are unable to operate in line with internationally acceptable standards. Non-conformances observed during regulatory inspections provide the status of the compliance to GMP requirements. The study aimed to identify the GMP non-conformances during regulatory inspections and gaps in the production of pharmaceuticals locally manufactured in Uganda by review of the available 50 GMP reports of 21 local pharmaceutical companies in Uganda from 2016. The binary logistic generalized estimating equations (GEE) model was applied to estimate the association between odds of a company failing to comply with the GMP requirements and non-conformances under each GMP inspection parameter. Analysis using dummy estimation to linear regression included determination of the relationship that existed between the selected variables (GMP inspection parameters) and the production capacity of the local pharmaceutical industry. Oral liquids, external liquid preparations, powders, creams, and ointments were the main categories of products manufactured locally. The results indicated that 86% of the non-conformances were major, 11% were minor, and 3% critical. The majority of the non-conformances were related to production (30.1%), documentation (24.5%), and quality control (17.6%). Regression results indicated that for every non-conformance under premises, equipment, and utilities, there was a 7-fold likelihood of the manufacturer failing to comply with the GMP standards (aOR=6.81, P=0.001). The results showed that major non-conformances were significantly higher in industries of small scale (B=6.77, P=0.02) and medium scale (B=8.40, P=0.04), as compared to those of large scale. This study highlights the failures in quality assurance systems and stagnated GMP improvements in these industries that need to be addressed by the manufacturers with support from the regulator. The addition of risk assessment to critical production and quality control operations and establishment of appropriate corrective and preventive actions as part of quality management systems are required to ensure that quality pharmaceuticals are manufactured locally.
2
Bano, Masooda. Narratives of Success against the Odds: Why Some Children in State Schools Go Far in Life—Evidence from Pakistan. Research on Improving Systems of Education (RISE), August 2022. http://dx.doi.org/10.35489/bsg-rise-wp_2022/104.
Abstract:
What makes some children succeed despite studying in failing education systems? Are these children exceptionally gifted, or do other psychological or sociological factors and family circumstances contribute to success? To address the learning crisis in state schools in developing countries, development agencies have primarily focused on identifying inputs that can improve state education provision. Yet, even from low-performing state schools, some children do manage to successfully complete primary and secondary education cycles, pursue higher education, and record upward social mobility, but we know very little about the factors that facilitate this success. This paper addresses this gap in the literature. Tracing life histories of successful alumni of state schools supported by CARE, an education foundation in Pakistan, this paper identifies children’s motivation to succeed as having a major impact on educational performance. However, for most this motivation is not a product of an innate desire to excel, it is a product of contextual factors: parental encouragement; an acute desire to make parents happy and to alleviate their sufferings; the company of friends, cousins, and peers who are keen on education and thus help to create an aspiring, competitive spirit; encouragement given by good teachers; and exposure to new possibilities and role models that raise aspirations by showing that what might appear to the child unachievable is in fact attainable. High motivation in turn builds commitment to work hard. Equally important, however, is the provision of financial support at critical points, especially when transitioning from secondary school to college and university. Without financial support, which could be in the form of scholarships, loans, or income from part-time work, at critical junctures, even highly motivated children in state schools cannot succeed. The paper thus argues that rather than being focused solely on education inputs, development agencies should also seek to explore and understand the factors that can motivate children in state schools to aim high and work hard to succeed.
3
Bano, Masooda. Narratives of Success against the Odds: Why Some Children in State Schools Go Far in Life—Evidence from Pakistan. Research on Improving Systems of Education (RISE), August 2022. http://dx.doi.org/10.35489/bsg-rise-wp_2022/104.
Abstract:
What makes some children succeed despite studying in failing education systems? Are these children exceptionally gifted, or do other psychological or sociological factors and family circumstances contribute to success? To address the learning crisis in state schools in developing countries, development agencies have primarily focused on identifying inputs that can improve state education provision. Yet, even from low-performing state schools, some children do manage to successfully complete primary and secondary education cycles, pursue higher education, and record upward social mobility, but we know very little about the factors that facilitate this success. This paper addresses this gap in the literature. Tracing life histories of successful alumni of state schools supported by CARE, an education foundation in Pakistan, this paper identifies children’s motivation to succeed as having a major impact on educational performance. However, for most this motivation is not a product of an innate desire to excel, it is a product of contextual factors: parental encouragement; an acute desire to make parents happy and to alleviate their sufferings; the company of friends, cousins, and peers who are keen on education and thus help to create an aspiring, competitive spirit; encouragement given by good teachers; and exposure to new possibilities and role models that raise aspirations by showing that what might appear to the child unachievable is in fact attainable. High motivation in turn builds commitment to work hard. Equally important, however, is the provision of financial support at critical points, especially when transitioning from secondary school to college and university. Without financial support, which could be in the form of scholarships, loans, or income from part-time work, at critical junctures, even highly motivated children in state schools cannot succeed. The paper thus argues that rather than being focused solely on education inputs, development agencies should also seek to explore and understand the factors that can motivate children in state schools to aim high and work hard to succeed.
4
Yu, Wusheng, Thomas Hertel, Paul Preckel, and James Eales. Projecting World Food Demand Using Alternative Demand Systems. GTAP Working Paper, February 2003. http://dx.doi.org/10.21642/gtap.wp21.
Abstract:
Computable General Equilibrium (CGE) models are increasingly being used to project world food markets in order to support forward-looking policy analysis. Such projections hinge critically on the underlying functional form for representing consumer demand. Simple functional forms can lead to unrealistic projections by failing to capture changes in income elasticities of demand. We adopt as our benchmark the recently introduced AIDADS demand system and compare it with several alternative demand systems currently in widespread use in CGE models. This comparison is conducted in the context of projections for disaggregated global food demand using a global CGE model. We find that AIDADS represents a substantial improvement, particularly for the rapidly growing developing countries. For these economies, the most widely used demand systems tend to over-predict future food demands, and hence overestimate future production and import requirements for agricultural products.
5
Gherman, Iulia, Victoria Cohen, Daniel Lloyd, Wioleta Trzaska, Niall Grieve, Johanna Jackson, Elaine Pegg, and Anthony Wilson. Risk of campylobacteriosis from low-throughput poultry slaughterhouses. Food Standards Agency, July 2023. http://dx.doi.org/10.46756/sci.fsa.xkw971.
Abstract:
Campylobacter is the most common cause of bacterial foodborne illness in the UK. Every year there are an estimated 300,000 foodborne cases in the UK, of which more than half are related to poultry meat. Campylobacter naturally lives in the guts of poultry. Undercooked chicken meat is the main source of exposure to Campylobacter. Thorough cooking kills Campylobacter. Cross-contamination of other food or work surfaces during preparation or storage of chicken can also cause illness. Campylobacter levels are routinely monitored in chicken carcases that are processed in high-throughput slaughterhouses, but this testing is not currently carried out in some low-throughput slaughterhouses. Each high-throughput slaughterhouse processes more than 7.5 million birds per year and each low-throughput slaughterhouse processes less than 7.5 million birds per year. Of the 1 billion birds that are slaughtered annually in the UK, around 5% come from low-throughout slaughterhouses. This report estimates the difference in risk of campylobacteriosis for products from low-throughput and high-throughput poultry slaughterhouses in the UK. This was necessary work to assist the FSA in establishing an appropriate level of sampling for low-throughput slaughterhouses. We considered the whole pathway of the chicken from farm to fork using the scientific literature, data from our own survey of Campylobacter in slaughterhouses (FS9990010), and business data and information on UK levels of infection. Campylobacter levels over a 3-month period (September to December 2021) from chicken processed by low and high-throughput slaughterhouses were the main data used for our comparison. We could find no data on differences in the supply of birds to low- versus high-throughput abattoirs, and no data on differences in the use of the meat after leaving the slaughterhouses. Based on analysis of the limited survey data available, we could not detect a significant difference between the proportion of highly contaminated samples from low- and high-throughput slaughterhouses. We also could not detect a significant difference in Campylobacter levels in slaughterhouses that perform religious slaughter versus those that do not. Based on the number of chickens per year that are processed by low and high-throughput slaughterhouses, we estimated the number of Campylobacter cases in the UK annually that are likely linked to low- and high-throughput slaughterhouses respectively. Based on the evidence available, we conclude that the frequency of occurrence of campylobacteriosis in the total UK population from chicken produced in low-throughput slaughterhouses is medium and for high-throughput slaughterhouses is high, with a medium uncertainty, as a direct consequence of the relative volume of chicken produced by each type of plant. The severity of campylobacteriosis is low, with low uncertainty. This assumes that the proportion of the total domestic consumption of chicken meat originating from low-throughput slaughterhouses does not change. The current sampling regime requires samples to be taken once a week. If more than 15 out of 50 of samples have high levels of Campylobacter, this is considered a failure and mitigations need to be put in place. We predicted that if samples are taken once every two weeks or once every four weeks instead, that would still allow us to identify some slaughterhouses failing to comply with the 15/50 exceedance rate. However, identifying issues will take longer and may not detect some failing slaughterhouses. Sampling requirements are not consistently applied in low-throughput slaughterhouses, and we did not have access to data on the steps taken when slaughterhouses recorded high levels of Campylobacter. Therefore, it was not possible to state the effect of changes in sampling requirements on per-portion risk. However, due to the small proportion of total poultry meat consumed in the UK that is produced at low-throughput slaughterhouses, changes to the official sampling requirements at low-throughput slaughterhouses are unlikely to result in a large difference in the frequency of occurrence of campylobacteriosis in the UK population.
6
Rojas, Eduardo. The Long Road to Housing Reform: Lessons from the Chilean Experience. Inter-American Development Bank, July 1999. http://dx.doi.org/10.18235/0008522.
Abstract:
Chile's housing policy is widely regarded as a success. For almost a decade, new construction has been above the level required to provide houses for new families and replace obsolete structures. This raises hopes that within the next decade all families in Chile will occupy dwellings that comply with minimum quality and service standards. This is no small accomplishment for a country just entering the middle ground in the development scale. Moreover, the private sector is taking an increasingly active role in housing production and financing. This too is a significant achievement considering that in the 1970s most housing was built and financed by the government. Further, government assistance is effectively reaching the poor, and most public resources are benefiting low-income households. Confidence in the housing policy is high among the low-income population as expressed in their high level of participation in a housing savings program and by the absence of land invasions. These accomplishments are the result of a long maturation process in the Chilean housing sector. Fifty years of government policy have consolidated the legal, institutional, and entrepreneurial foundations of the current housing production and financing system. Several success factors can be identified: an integrated sector approach (which incorporates the housing needs of all income groups); an efficient subsidy system (the result of a long process of experimentation); and reforms of the general banking system and the social security system (which created strong institutions to intermediate the financial resources accumulated by pension funds and life insurance companies). Even with its accomplishments, Chile's housing sector still faces significant challenges. Improvements are needed to more effectively mobilize the resources devoted to housing. The lack of coordination between housing and urban development policies is becoming a major liability for both efficient housing production and equitable urban growth. Direct government involvement in house construction and home financing enforce uniformity in design and repayment schedules failing to fully meet the diversified demand of the target households and to fully mobilize the repayment capacity of beneficiaries. It is suggested that it may be time for housing policy to move beyond this basic approach introducing more flexibility through greater market participation in low-income housing.