Organizational Culture and Organizational Communication Essay

Organizational Culture and Organizational Communication - Essay Example Toyota is renowned for its production process, and its innovative management policies and culture. Toyota created and implemented the Just-in-Time method of inventory, which was revolutionary in nature. This concept has proven quite successful for the company. I am truly fascinated by this organizations managerial attributes and culture, which is why I chose to write about this organization. The culture at Toyota, described as ‘The Toyota Way’ is the core that drives the success of this organization. It lays out clear objectives for operations, Total Quality Management (TQM), customer service, employee management. Moreover, it aims to create a harmony amongst all the objectives. Even the logo of Toyota, is a symbol of how these values amalgamate. As we know, the Toyota logo consists of 3 ovular rings. The first ring symbolises the heart of Toyotas customers. The second ring symbolises the care taken by Toyota to manufacture its products. The third ring which joins the other two rings symbolises the joining of customers with their product and creates the ‘T’ of Toyota. (Appendix) Up to the Challenges: Toyota believes in creating value through their production process, and thus delivering high quality products and services to their customers. They plan on creating long term visions which can overcome possible hurdles. Moreover, they believe in accepting challenges and excelling in them through careful analysis before any decision. Kaizen: It means to improve in Japanese. This concept urges the employees of Toyota to keep improving and innovating through learning, creating sound infrastructure and, by promoting education within the organization. It believes that this will help deliver better and improved goods and services to the customer. "Something is wrong if workers do not look around each day, find things that are tedious or boring, and then

Operations Management and Business Development Essay

Operations Management and Business Development - Essay Example In this management style, all the employees and management work together as a group so as to harmonize operations such as deciding what should be invested in to the operation arrangement such as workforce, material, apparatus, power and how these resources can be easily be acquired and used to ensure that finished products meet the requirements of consumers Over the recent past, Avon Mill toys has faced competition in it field of operation hence getting the urge to expand to other fields so as to offer a diversity of product and be able to stand the current economic crisis amid competition. Some of the effort that is underway includes trying to sell their product over the internet, an idea that has suffered several drawbacks in terms of rejection by its representatives (Galloway et al 2000). Avon has used direct marketing to make its sales and this has been very effective though the current increased use of the internet is giving competitors an upper hand as they can reach a wider range of clients. The companies efforts to sell their products over the internet has faced rejections from representatives as it could lead to loss of jobs or the company could loose that direct customer relationship (Grassley 2008). A big question is whether Avon can afford to remain competitive by direct marketing or by inventing another way to increase its sales Over the past years, Avon has relied on direct marketing as a major strength to promote and sell its goods. The company has been in the lead for providing toys to the customers directly and the developments in communication have suddenly changed the company's major strength into a very large obstacle. Any innovations intended to increase the company's sales above direct sales faces opposition from sales repetitive. There is a lot of competition emerging from other companies offering alternative and substitute products. For this reason, Avon Toys has to come up with a strategy that will be cost effective and of sharing promotion and branding expenses in all the company's markets has helped to cut down the operation costs. Avon has also involved in marketing its product over popular medium like the television and movie theatres thus increasing customer base covered. Avon is determined to provide everyone with high value toys that are innovative and in the process also provide financial independence to the general population like employing sales representatives (Galloway et al 2000). The toy company has targeted to reach a lot of people if not everyone with their product in the global market hence help in improving the quality of live by the products they offer. Under operational management, it is very important to focus on the corporate objectives of firm which means that the company's supply of raw materials, manufacturing process and marketing strategies should be harmonized to reduce incidences of misunderstanding, delays and process failure (Grassley 2008). The operations strategy should provide the company with the capacity to compete in the UK market especially the Avon Mill toy Company. The operations framework includes the following steps; 1. Defining the

Impact of Gunpowder

Impact of Gunpowder A Technology That Marked Major Progress Milestones in History GUNPOWDER INTTRODUCTION Technology is a group of learning committed to making instruments, handling activities and extricating of materials. Everyone have their own way of understanding the meaning of technology or in another word innovation. People use innovation to develop their capacities, and that makes humans as the most vital piece of any mechanical framework. Innovation can allude to techniques running from as basic as dialect and stone devices to the complex hereditary building and data innovation that has risen since the 1980s. These advances invigorated social orders to embrace better approaches for living and administration, and in addition better approaches for understanding their reality. One of that innovation completely changed the world was gunpowder. Gunpowder, also known as black powder, is the earliest known chemical explosive which was invented in china by a Chinese alchemist mistakenly. It is a blend of sulphur, charcoal, and potassium nitrate (saltpetre). The carbon from the charcoal in addition to oxygen shapes carbon dioxide and vitality. The response would be moderate, similar to a wood fire, with the exception of the oxidizing operator. Carbon in a fire must draw oxygen from the air. Saltpetre gives additional oxygen. Potassium nitrate, sulphur, and carbon respond together to shape nitrogen and carbon dioxide gasses and potassium sulphide. The expanding gases, nitrogen and carbon dioxide, gives the propelling action. Gunpowder tends to create a considerable measure of smoke, which can hinder vision on a front line or lessen the visibility of firecrackers. Changing the proportion of the component influences the rate at which the explosive consumes and the measure of smoke that is delivered. (ThoughtCo, 2017) As per legend, during the Tang dynasty (9th century) this Chinese chemist was searching for a formula to make the remedy of life, or the mythical potion for immortality. Despite the fact that it was an accident, when they found the powder was exceptionally combustible, or consumed effectively, they chose to call it fire pharmaceutical. Not long after the disclosure, the Chinese weaponized the substance, or made weapons out of it, and during the time they would make numerous weapons utilizing gunpowder, including rockets, bombs, flamethrowers, and land mines before making guns and firearms. The most established weapon that utilizations explosive goes back to a bronze handheld gun made in north-eastern China in 1288. (Nathans Design Dissertation, 2017) Even though the earliest record of written formula for gun powder appeared in Song dynasty (11th century) this is listed as one of the four great invention in Chinese history. In any case, once the Chinese made sense of that it had dangerous capacities, they squandered no time in fusing it into their military. The Chinese could make a jump in military innovation and went from the standard sword and bows and arrows to a military with mines and flamethrowers. With the disclosure of gunpowder came the innovation of the fire arrow, an arrow with gunpowder on its tip, in the year 989. Roughly 11 years after the fire arrow, in 1000, the Chinese designed the flame thrower. The utilization of weapons be that as it may, did not rise in China until the mid-fourteenth Century. The military development that happened inside China in view of the black powder permitted China to have a more grounded and more propelled military, prompting a general more secure nation. (AP World History 2012-2013, 201 7) After the Mongols attacked China in the mid-13th Century, they proceeded with their conquests into India. In 1221, when the Mongols attacked India, they carried with them the information of gunpowder from China. By the 18th century, the Indians were able to make Mysorean rockets; the main iron cast rockets to be utilized by any military on the planet. But the secret of the gunpowder didnt stop spreading to the Middle East. From India, the gunpowder spread to the Middle East in the vicinity of 1240 and 1280. The last place to reach gunpowder was Eastern Europe. Like in India and the Middle East, it was brought into the area in view of the Mongol attacks. In any case, a portion of the learning of gunpowder was likewise transmitted to Europe through the Silk Road. At the point when the Europeans exchanged with the Middle East, the learning of gunpowder was carried into Europe alongside the exchange of merchandise. After getting the knowledge of gunpowder European chemists was interested in searching other alternative methods to improve the qualities of chemical contains. As a result of that European chemists made corned explosive. Corned black powder contained an indistinguishable chemicals from typical explosive however the refining procedure included blending the explosive into a wet substance and after that drying the blend. A German monk, Berthold Schwarz, is credited with developing the principal European gun in 1353. Guns which had been originated in China or the Middle East were enh anced by Europeans. Propelled European metal work strategies permitted European metalsmiths to make more long lasting and sturdy rifles; they likewise figured out how to compute the measure of drive of the gas in the load of the weapon. This learning help make weapons that shot more noteworthy separations. Europeans were all the while enhancing black powder a century after the Chinese had imagined the primary weapon. The European progressions of black powder would achieve China by a Portuguese ship in 1520. The Portuguese presented the gun, enhanced rifles and other European headways to the Chinese. Many years after the development of black powder the Europeans had given back the substance to its starting point and explosives voyage through Asia had turned up at ground zero. The Movement of Gunpowder from the East toward the West (AP World History 2012-2013, 2017) If someone asks what were the precursor circumstances that acted as the motivation for the technology the answer is the overwhelming need of power. The advancement of gunpowder was vital in fighting first for its mental impacts, as the Chinese utilized flying fire (explosive arrow) against their Mongol foes. At the point when the innovation relocated toward the West, notwithstanding, its genuine esteem was in its capacity to control fatal attack weapons and in the end put precise capability in the hands of common troopers. Prior to the innovation of the gun, attack weapons were huge, unwieldy and hard to build. Gunpowder as a fuel expanded the force accessible for anticipating rockets toward adversary emplacements, both expanding the harm these weapons could bring about and expanding their exactness also. Whats more, designers called sappers could burrow under adversary fortresses and pack their passages with gunpowder, bringing out stronghold dividers with unstable power. The scalin g down of gun into guns gave a comparative damaging capacity to normal fighters on the ground, permitting them a considerably more noteworthy successful range than they had with their past bows and crossbows. Guns likewise required less preparing than longbows, and the fast shots could even puncture the plate protective layer worn by knights of the time. At last, gunpowder required an entire revaluation of the specialty of fighting, and nations that were ease back to embrace the new innovation paid the cost on the combat zone. Other than military gunpowder were used in civil engineering and mining in early 15th century. The records of using gunpowder in mins come from Hungry in 1627. After that the technology was introduced to Britain by Germans in 1638. Other than mining gunpowder were used in the construction in canals and tunnels. The first gunpowder is not utilized today with the exception of in firecrackers and sparklers or as a boosting fuel for rocket launching. Like how it was for the most part utilized hundreds of years prior. It has been supplanted by a prevalent synthetic compound and utilized for the most part in slugs. A great deal more propelled mixes are utilized for explosives. One could state that the first gunpowder was the beginning stage for these current mixes. The most recent uses of gunpowder was Afghanistan war in 2001 which killed over 2000 and 22000 wounded, Korean war 1950-1953 which killed over 1800000 and 220000 wounded and world war 2 (1939-1945). Explosive has influenced todays general public by taking a great many lives and damaging a huge number of others. Gunpowder has additionally destroyed the lives of numerous families and companions of the casualties of contention. If this innovation didnt exist then there was a chance of preventing the wars and saving number of lives that co uldnt even count. On the opposite side of the gunpowder has likewise been utilized to make firecrackers which have conveyed extraordinary happiness to the world. If this technology has taken away the invention that found based on gunpowder wouldnt be able to reach to the mankind or use it for the present manufacturing processes. In spite of the fact that gunpowder and its present day subsidiaries do in any case have some significant uses today, all ammunition utilized as a part of firearms all through the world is stacked with smokeless powder. Even though the gunpowder was the main known explosive compound until the mid-19th century, present day there are other alternative ways that are in use and still in process. As an example the American navy has been already tested 30-kilowatt LaWS system at sea aboard the amphibious transport and hoping to deploy varieties of the laser weapon framework in the armada by 2020. (Nationaldefensemagazine.org, 2017) Other than laser weapon the alternative weapon system that still in progress is portable versions of rail guns. Besides the rail guns there might be a chance of producing projectile weapons which are electromagnetically accelerated or energy that transferred electronically to the projectile. (Cooney, 2017) When these technologies are known to the society in the future the gunpowder will be forgotten from the usage and the memory. Even though that happens there is a saying that old is gold. Anyone cant predict what will happen in the future. Reference List AP World History 2012-2013. (2017). Movement of Gunpowder from East to West. [Online] Available at: http://apworldhistory2012-2013.weebly.com/movement-of-gunpowder-from-east-to-west.html [Accessed 27 Mar. 2017]. Cooney, M. (2017). More railguns and lasers, less gunpowder the Navys future high-tech weaponry. [Online] Network World. Available at: http://www.networkworld.com/article/2880535/security0/more-railguns-and-lasers-less-gunpowder-the-navy-s-future-high-tech-weaponry.html [Accessed 17 Mar. 2017]. Jeannielin.com. (2017). Gunpowder Chronicles Behind the Scenes | Jeannie Lin. [online] Available at: http://www.jeannielin.com/gunpowder-chronicles/ [Accessed 30 Mar. 2017]. Monkeytree.org. (2017). Gunpowder in Europe. [Online] Available at: http://www.monkeytree.org/silkroad/gunpowder/europe.html [Accessed 19 Mar. 2017]. Nathans Design Dissertation. (2017). Chapter One Inventions. [Online] Available at: https://nathanman.wordpress.com/2010/10/29/chapter-one/ [Accessed 26 Mar. 2017]. Nationaldefensemagazine.org. (2017). Energy Weapons: The Next Gunpowder?. [Online] Available at: http://www.nationaldefensemagazine.org/archive/2013/June/Pages/EnergyWeaponsTheNextGunpowder.aspx [Accessed 25 Mar. 2017]. ThoughtCo. (2017). Learn How Gunpowder Works. [Online] Available at: https://www.thoughtco.com/gunpowder-facts-and-history-607754 [Accessed 26 Mar. 2017].

Chisholm and the Doctrine of Temporal Parts :: Science

Chisholm and the Doctrine of Temporal Parts In the appendix to Person and Object, Roderick Chisholm discusses the doctrine of temporal parts. Chisholm’s position is that the arguments commonly supplied in support of the doctrine are not successful. In this paper, I will consider Chisholm’s objections and then give my own responses in favor of the doctrine of temporal parts. The doctrine of temporal parts, commonly called four dimensionalism, is a metaphysical theory concerning how it is that objects persist through time. Four dimensionalism holds that objects are both spatially and temporally extended; as such, an object is considered to be demarcated by its dimensions in both the spatial and temporal realms. In terms of parthood, then, four dimensionalism considers an object to be jointly composed of both its spatial and temporal parts. Moreover, at any one point in time, it is only a spatiotemporal part of the entire four dimensional whole that is presenting itself to us. The four dimensionalist speaks of these parts, or stages (â€Å"time slices†) of the four dimensional object as constituting, over a period of time, the entire object[1]. Another way of putting this is to say that a four dimensional object is an aggregate of all of its spatial and temporal parts. Opposed to this view of the persistence of objects through time is three dimensionalism. Three dimensionalism appears to be more in line with our common everyday sense of how objects persist through time; one in which we believe in, as Chisholm puts it, â€Å"the concept of one and the same individual existing at different times† (143). In contrast to the four dimensionalist, then, the three dimensionalist maintains that objects persist by being â€Å"wholly present† at each point at which they exist. Ultimately, Chisholm uses his arguments against temporal parts in order to support his general theses concerning personal identity over time. However, it is not within the scope of this paper to explore the underlying reasons Chisholm might have had for arguing against the four dimensionalist: that topic is best left to a more extensive project on the subject of the persistence of objects through time. For now, we will just take a look at three criticisms that Chishol m proposes for the temporal parts theorist: (1) that the so-called spatial analogy is not accurate, (2) that the doctrine of temporal parts does not solve the Phillip drunk/ Phillip sober puzzle, and (3) that the doctrine is of no use in solving various other metaphysical puzzles. Chisholm and the Doctrine of Temporal Parts :: Science Chisholm and the Doctrine of Temporal Parts In the appendix to Person and Object, Roderick Chisholm discusses the doctrine of temporal parts. Chisholm’s position is that the arguments commonly supplied in support of the doctrine are not successful. In this paper, I will consider Chisholm’s objections and then give my own responses in favor of the doctrine of temporal parts. The doctrine of temporal parts, commonly called four dimensionalism, is a metaphysical theory concerning how it is that objects persist through time. Four dimensionalism holds that objects are both spatially and temporally extended; as such, an object is considered to be demarcated by its dimensions in both the spatial and temporal realms. In terms of parthood, then, four dimensionalism considers an object to be jointly composed of both its spatial and temporal parts. Moreover, at any one point in time, it is only a spatiotemporal part of the entire four dimensional whole that is presenting itself to us. The four dimensionalist speaks of these parts, or stages (â€Å"time slices†) of the four dimensional object as constituting, over a period of time, the entire object[1]. Another way of putting this is to say that a four dimensional object is an aggregate of all of its spatial and temporal parts. Opposed to this view of the persistence of objects through time is three dimensionalism. Three dimensionalism appears to be more in line with our common everyday sense of how objects persist through time; one in which we believe in, as Chisholm puts it, â€Å"the concept of one and the same individual existing at different times† (143). In contrast to the four dimensionalist, then, the three dimensionalist maintains that objects persist by being â€Å"wholly present† at each point at which they exist. Ultimately, Chisholm uses his arguments against temporal parts in order to support his general theses concerning personal identity over time. However, it is not within the scope of this paper to explore the underlying reasons Chisholm might have had for arguing against the four dimensionalist: that topic is best left to a more extensive project on the subject of the persistence of objects through time. For now, we will just take a look at three criticisms that Chishol m proposes for the temporal parts theorist: (1) that the so-called spatial analogy is not accurate, (2) that the doctrine of temporal parts does not solve the Phillip drunk/ Phillip sober puzzle, and (3) that the doctrine is of no use in solving various other metaphysical puzzles.

Homelessness and Spare Change

Over one-hundred million people in the world today are homeless and out of that more than two million of them are from the United States. We the people are unaware of the things that are happening behind our backs. For instance, while you’re complaining about your pillow being too hard someone across town is looking for a pillow to sleep on although their chances of finding one are slim. Homelessness is a type of suffrage that has been around since the dawn of time.How does one live without a pillow you ask? There are many different ways to become homeless. Ninety-five percent of people without homes are victims of poverty, condition of being poor. Most people lose their money from addictions to substances like tobacco, marijuana, alcohol, and/or many others, some gamble it all away trying to do a get rich quick scheme or will get laid off by their jobs. They will dig themselves into such a deep hole that the light from above is barely visible.Some are lucky enough to make it out of the hole. As if the gods decided that they at disserve a chance. These chances might be a job offer with a good annual salary, a permanent home practically given to them, or many other different possibilities that have and will happen throughout history. Religious people will pray night and day searching for hope while struggling through life and its common challenges.God is a resource used by most homeless people. When people become desperate to find hope, even the non-religious ones, they go to a higher power and beg for it. Shelter homes are often used by homeless people. The wait in line is long and sometimes you have to show up hours before they start opening the doors just to get in because there are not enough beds for everybody. Plus the security cannot be trusted either, people will often be pickpocketed or raped while sleeping. Some don’t resort to these conditions; instead they sleep on the sidewalk or find vacant houses and make camp there for the night.The se circumstances are not right; people should not have to live with them no matter how they got there. They need help and there are many ways for a  common citizen to do so. In some parts of the world, like the United Kingdom, there are clothing stores called Shelter that give sixteen percent of proceeds to local homeless shelters. Spare change can also be shared with a beggar on the side of the road. No matter how annoying they are, you should give grace because it is always a good thing to help out of the kindness of your heart.Although, sometimes a beggar isn’t who he claims to be, one confessed and told the press that he made six figures a year which is plenty of money to afford a home. That is one misconception about the homeless that is hard to see. Also, not all homeless people have shaggy beards and stinky feet, some find a way to take care of hygiene because they are too scared of being labeled and judged as the failure they have become. How would you think of a co worker if you knew they didn’t have a permanent roof over their heads as they slept at night? Most managers would fire them because they didn’t want â€Å"trash† in their staff.Now that you’re aware of the horror filled life that is forced upon hundreds of thousands of people each day, I hope you give the beggars spare change next time you see one or volunteer at the nearest shelter home or soup kitchen. Doing so will not only make someone else’s day better but will also make your pillow feel softer than it actually is.

European Commission’s Approach towards the Article 81 EC Essay

Introduction The objective of Article 81 is to limit restrictive agreements and other modes of complicity between independent firms in horizontal as well as vertical relationships[1]. Some instances of such prohibited practices are, â€Å"price fixing; limiting or controlling production, markets, technical development or investment; sharing markets or sources of supply; applying dissimilar conditions to equivalent transactions; making the conclusion of contracts subject to supplementary obligations that have no connection with the subject of the contracts[2].† Moreover, it is immaterial if Article 81(1)[3] EC is implemented in such a fashion that most of the agreements that curtail economic freedom would be caught without any economic analysis having been performed[4]. The EC has commenced to apply a new economic approach and simultaneously the ECJ has accepted the fact that a proper rule of reason analysis has to be conducted under Article 81(3)[5]. The underlying principle of Article 3(g) of the EC Treaty[6] is to implement ‘a system†¦ [which ensures that] competition in the internal market is not distorted[7].† Prohibition of concerted practices, abuse of a dominant position and state aid is restricted to practices that affect trade between the Member States and ignores practices that influence domestic trade[8]. Nevertheless, Article 81 EC permits anti-competitive practices whose pro-competitive results overshadow their anti-competitive consequences[9].   In the sequel the scope of Article 81 EC has been discussed, in respect of anticompetitive issues. In this regard the substantive laws restricting the anticompetitive effects of markets and the procedural controls like prohibition and exemptions concerning public policy and economic approach have been discussed at length. In this context relevant case laws have been discussed. The contemporary tendency is to restrict competitive agreements. The Commission has implemented a more economic approach by means of the rule of reason in Article 81(1) EC, which has assisted decentralization with regard to the enforcement of Article 81(3) EC[10]. Free Competition In order to ensure free competition in the Single Market, agreements which not only have a significant effect on the trade between the Member States but also prevent, restrict or distort competition in the Single Market are prohibited by Article 81[11]. Article 81 EC contains a list of practices that are usually excluded[12]. These relate mainly to licensing agreements for patents and other intellectual property rights. Competition Law Test In general, the Commission’s exemption policy favours the application of a competition law test. The block exemption on vertical restraints is merely an interchange between curbing intrabrand competition and encouragement of interbrand competition[13]. The European Commission is authorized to remove the advantage of an exemption in respect of agreements that are at variance with Article 81(3)[14]. Vertical Agreements The national authorities can deprive vertical agreements that contravene Article 81(3) of the benefit of exemption.[15] In respect of vertical agreements that restrict competition and include fifty percent or more of a specific market, the Commission will cancel the exemption and apply Article 81(1) in its entirety[16]. Further, in cases of undue advantage of a dominant position, exemption is permitted by Article 82 EC[17]. The agreements pertaining to the supply and distribution of goods comply with the new Block Exemption Regulation[18]. These guidelines and Block Exemption Regulation constitute a competition policy that favours an economic approach rather than a regulatory approach to vertical agreements. This indicates the Commission’s intention to bring its competition rules into play[19]. Formerly the EC had adopted a formalistic approach that had construed any restriction of commercial freedom to be restrictive of competition. Further, the Commission had a monopoly in respect of implementing Article 81(3). Article 81(1) was given a wide interpretation as it had to be enforced uniformly in all the Member States[20]. Article 81 In Mà ©tropole Tà ©là ©vision (M6) et al. v. Commission[21], the Court of First Instance or CFI held that a monetary outlook was necessary as per the provisions of Article 81(3) [22]. The judgement in this case is in conformity with the present outlook of the Commission. This approach is the upshot of the White Paper and the new notice on Article 81(3) EC[23]. In this approach there is a retreat from the formalistic approach. Since, the objective of the new notice is to engender the consumer’s welfare; it requires a substantive analysis of the market in order to determine whether an agreement violates Article 81(1) EC[24]. Article 81(3) rescinds the prohibitions in Article 81(1) if competition exists for a large range of products, the manufacture or allocation of goods, and if technical and economic progress do not show any improvement[25]. Further, decisions of the Commission under Article 2(4) of Regulation 4064/89 result in a balancing exercise[26]. Thus, while applying Article 81 EC the national courts have to perform the competition law test, which is in most of the cases imposed by Article 81(3) EC[27]. In all other instances the national courts can obtain either the Commission’s assistance as per Article 15(1) EC or the ECJ’s assistance as per Article 234 EC[28]. Since, the national courts cannot apply Article 81(3) EC; the ECJ transferred the necessary portions of Article 81(3) EC to Article 81(1) EC[29]. Article 81 EC does not apply to agreements that leave trade between member states unaffected. These agreements are the exclusive domain of the national authorities. This basic test of whether or not interstate trade was affected was dealt with by the E.C.J. in Socià ©tà © Technique Minià ¨re v. Maschinenbau Ulm[30], the E.C.J. held that â€Å"it must be possible to foresee with a sufficient degree of probability on the basis of a set of objective factors of law or of fact that the agreement in question may have an influence, direct or indirect, actual or potential, on the pattern of trade between Member States[31].† Economic Approach The adoption of an economic approach first, ensures that legal provisions are not rendered ineffective due to anti-competitive behaviour[32]. This approach applies a more consistent treatment to the different practices, because a similar treatment is accorded to practices with the same outcome[33]. Second, this approach ensures that the statutory provisions do not achieve an unjustified frustration of competitive strategies[34]. Hence, a competition policy approach that recognizes this fact will guarantee the protection of consumers and also encourage increased productivity and growth[35]. The EU competition law has progressed towards a policy that depends on a market centered economy[36] and in 2004 an enforcement procedure incorporating these considerations was implemented by the European Community. The necessity to adopt an approach that is more economic based to market definition, dominance and abuse has been conceded by the European Commission. Undertakings with a market share in excess of fifty percent can easily establish that they are not dominating the market and this stance has been accepted by the Commission[37]. Daimler Chrysler secured a highly significant reduction of the fines imposed on it by the Commission for alleged infringements of Art.81 on the German, Spanish and Belgian car market in 2001[38]. The CFI annulled two of the three findings of infringements, which resulted in a reduction of the fine from â‚ ¬ 71.8 million to â‚ ¬ 9.8 million[39]. Since, Daimler Chrysler was unable to establish that its Belgian subsidiary had acted independently; the CFI did not annul the decision to fine Daimler Chrysler[40]. In this case the Commission had labeled three of the Daimler Chrysler agreements as being anti competitive. The CFI set aside two of these allegations and upheld only one of them[41], thereby indicating that competitive agreements had been prohibited. In Tetra Laval v. Commission, the Commission prohibited the merger of Sidel SA and Tetra Laval BV. Sidel was a manufacturer of stretch blow moulding machines used for packaging liquid foods in plastic. Tetra was a dominant company in the carton-packaging market operating through a related company[42]. The Commission considered the merger of Tetra Laval and Sidel to be anti competitive and prohibited it; however, the CFI disagreed with the Commission and permitted the merger. Although, Article 81(3) permits the elimination of competition Vis – a – Vis a significant number of products, the application of Article 82[43] cannot be frustrated by Article 81(3) [44]. Moreover, not all the restrictive agreements entered into by a dominant undertaking represent the abuse of its dominant position[45]. The exemptions under Article 81(3) are contained in block exemption regulations;[46] and their standardization gains automatic exemption if the joint market share is less than twenty five percent and the agreement conform to the requirements of the joint R&D block exemption regulation[47]. In the context of a new product or a product in which the participating companies do not compete, the block exemption’s validity exists even above the twenty five percent ceiling for the duration of the standard setting and subsequently for seven years[48].  Ã‚  Ã‚  Ã‚  Ã‚      Prohibition of Competition Agreements One of the difficulties faced by Community law is to restrict intra brand competition (or competition among retailers or distributors of the same brand) by means of territorial distinctiveness, without restricting parallel trade. Of these restrictions the most important are those that create territorial restrictions[49]. Moreover, a distributor might enter into an exclusive distribution agreement solely â€Å"for the purpose of obtaining absolute territorial protection in order to ensure protection from free riders and safeguard investment in the promotion of the product[50].† This protection is essential for launching a new product which requires more promotion than an established product. Moreover, insufficient protection may prevent the distributor from deploying the product with the result that the product may not make an entry into the market[51]. In the absence of territorial protection some distribution agreements cannot be established, for instance, in Societe la Technique Miniere[52], the Court held that a term bestowing territorial distinctiveness on a distributor would not violate Article 81(1), if it was essential for the distributor to market a producer’s product[53]. Even though, the Commission is conscious of the commercial necessity for territorial protection, it has never accepted that the aim of territorial restrictions is to assist pro competitive agreements. The Commission while permitting partial territorial exclusivity will not endure the hindrance to parallel imports, even if the agreements granting unconditional territorial protection may augment inter – brand competition, and consequently help in the assimilation of markets within the community[54]. In the Wouters case, there was a disagreement between competition rules and non competition goals. Further, harmonizing amid competition rules are absent in both Articles 81(1) and 81(3) EC[55]. If suitable conditions are present Article 81 EC can be matched against public interest concern. Since, Article 81(1) and 81(3) did not attach sufficient importance to the protection of the legal profession’s freedom it was undermined[56]. Consten and Grundig[57] established proscription on the formation of an unqualified territorial defense. Such a stringent approach has been implemented because these restrictions could prevent the development of the internal market by isolating the national markets. Moreover, the Community Authorities want to ensure that some manner of parallel trade is preserved by means of passive sales that originate outside the contract area. In case of vertical agreements total territorial protection is banned and the Court has assumed a moderate approach in less restrictive territorial limitations[58]. The fact remains that even the vertical agreements regulation is unable to distinguish between active sales and passive sales, which are not to be banned[59]. The guidelines have made it clear that selective distribution agreements could result in an increase in intra brand competition and eliminate access to markets[60]. However, selective distribution agreements could augment inter brand competition or competition based on brands or labels. Since, the sales staff are to be given relevant training there will be an increase in after sales services, the servicing of guarantees, etc[61]. The relevant case law in respect of selective distributive agreements has been accused of being intricate, contradictory and perplexing and it has rendered the task of concluding whether an agreement infringes Article 81(1). Moreover, confusion prevails in respect of the products that validate selective distribution[62]. Vertical restraints are constraints on the freedom of behaviour for undertakings resulting from a vertical agreement. Although, vertical restraints prevent, restrict or distort competition they also engender efficiency improvements. Hence, the resultant economic effect is unclear[63]. Conclusion Competition is one of the most important factors that elicit a faster growing, consumer-oriented European economy[64]. In this context, â€Å"†¦The Commission has to adopt clear guidelines and binding legislation in order to secure the legal certainty of the undertakings that have to operate under the EC Competition Law Framework[65].† The uniformity in interpreting and applying competition rules are essential for legal certainty which is necessary to decentralize EC competition law[66]. At present an inordinate delay takes place, â€Å"from the time a potential claimant is subjected to anti-competitive agreement or practice till it is brought before the national court, question to the ECJ are formulated and a reply is received, and the national court eventually rules on the issue[67].† It would benefit everyone if both policy and lawmakers study the American experience that reveals that legal certainty cannot be ensured by, â€Å"leaving it up to the parties in trials before the courts[68].† In this manner it can be seen that despite the European Commission’s approach to Article 81 involving a greater use of sensible economic analysis, too many agreements which are anti-competitive are still prohibited. The foregoing analysis reveals that a significant number of competitive agreements are being prohibited due to decentralization and a narrow approach that favours public interest and economic policy. Bibliography Books    Albors – Llorens, Albertina. 2002. 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