mgmt 630 business enterprise environment · wk 4 ecommerce wk 5 canadian, chinese, and other...
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MGMT 630
BUSINESS ENTERPRISE ENVIRONMENT
• Government regulation on industries (GRI)
• The role of ecommerce in the global business environment
• Global, ethical, political, physical, societal (GEPPS) elements in a nation’s business environment
The Study of Business, Government,
and Society
Chapte
r
Chapte
r 1
McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
This chapter:
� Introduces four basic models of the business-government-society relationship.
� Defines basic terms and explains the authors’ approach to the subject matter.
Course Overview
Week Topic Readings
Wk 1 The Business in Society TBA
Wk 2 The Business in Socety TBA
Wk 3 Canada’s Regulatory Framework Laudon, Chapter 1
Wk 4 Ecommerce
Wk 5 Canadian, Chinese, and other Economies
– challenges in a global environment
Chinese Barriers To Trade Does China
Play Fair?
Wk 6 Canadian, Chinese, and other Economies
– challenges in a global environment
Bergsten, C. Fred, et. al., China’s Rise
Challenges and Opportunities.
Wk 7 Group Presentations A1 Group
Presentations, A2 written reports
collected.
Wk 8 Final Examination
•8 Week Topical Class Schedule
What is the Business–Government–
Society Field?
• Business – broad term encompassing a range of
actions and institutions.
• Government – refers to structures and
processes in society that authoritatively make
and apply policies and rules.
• Society – a network of human relations that
includes three interacting elements:
– Ideas
– Institutions
– Material things1-4McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
How Institutions Support Markets
1-5McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
Figure 1-1 How Institutions Support Markets
Why is the BGS Field Important to Managers?
• To succeed in meetings its objectives a business
must be responsive to both its economic and its
noneconomic environment.
• Recognizing that a company operates not only
within markets but within a society is critical.
• A basic agreement or social contract exists
between the business institution and society.
– Managers must respect and adhere to society’s
expectations.
1-6McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
The Countervailing Forces Model
1-7McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
The Countervailing Forces Model (continued)
• Countervailing forces model conclusions:
– Business is deeply integrated into an open society and must
respond to many forces, both economic and noneconomic.
– Business is a major initiator of change in society through its
interaction with government, its production and marketing
activities, and its use of new technologies.
– Broad public support of business depends on its adjustment to
multiple social, political, and economic forces.
– BGS relationships continuously evolve as changes take place in
the main ideas, institutions, and processes of society.
1-8McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
The Stakeholder Model
• Stakeholders are those whom the corporation
benefits or burdens by its actions and those
who benefit or burden the firm with their
actions.
– Primary stakeholders
– Secondary stakeholders
• Debate about how to identify who or what is a
stakeholder.
• Stakeholder model is an ethical theory of
management in which the welfare of each
stakeholder must be considered as an end.1-10McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
Activity
• In groups of 4-5, identify the stakeholders in
NYIT Vancouver.
• Who are the primary stakeholders?
Secondary?
• What are the main motivators of the primary
stakeholders?
Four Models of the BGS Relationship
The Stakeholder Model (continued)
• Criticism of the stakeholder model:– It is not a realistic assessment of the power
relationships between the corporation and other entities.
– There is no single, clear, and objective measure to evaluate the combined ethical/economic performance of a firm.
• Advocacy for the stakeholder model:– A corporation that embraces stakeholders performs
better.
– It is the ethical way to manage because stakeholders have moral rights that grow from the way powerful corporations affect them.
1-12McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
Volatility in the Business Environment
• From ancient to modern times, environments have been volatile and generally unpredictable.
– Black Death
– Industrial Revolution
– Baldwin Locomotive blindsided by the diesel engine
• Today:
– Worldwide markets exist for the first time in many markets
– Product innovations quickly copied making competitive advantage difficult
– Societal ethical expectations dictating new, elevated performance standards2-13McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
The Industrial Revolution
• Requirements for industrial growth:
– Sufficiency of capital, labor, natural resources and fuels
– Transportation
– Strong markets
– Ideas and institutions to effectively combine all of these requirements
• Industrialization generates huge strains in the social fabric.
• The total amount of goods and services produced in the twentieth century exceeds all that produced in recorded human history.2-14McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
Inequality
• The basic political conflict in every nation, and
often between nations, is the antagonism
between rich and poor.
• The industrial revolution accelerated the
accumulation of wealth without solving the
persistent problem of its uneven distribution.
• Global income inequality is measured by the
Gini index.
– 66% in 2000, an extreme level of inequality, caused
by the diverging economic fortune of nations.2-15McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
Inequality (continued)
• Economic growth does not itself increase income inequity within modernizing nations.
• Today about 2.8 billion people live in poverty (< $2.00 a day income).
• If world distribution of income had not become more unequal after 1820, economic growth would have reduced the number of people living in poverty today by 80%.
– As the wealth divide among nations increased, the distribution of income grew even more unequal.
• If corporations are harnessed to create economic growth, the poor will benefit.
2-16McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
World Poverty and Income Inequality
Since 1820
2-17McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
Population Growth
• The basic population trend throughout human history is upward.
• Accelerated growth after 1825 due to:
– Advances in water sanitation and medicine, reduced the number of deaths from infectious disease
– Mechanized farming, expanded the food supply
• Rapid growth now declining due to declining fertility.
• Implications of current population trends:
– The wealth gap between high- and low-income countries will widen
– Growth will continue to strain the earth’s ecosystems
– The West is in demographic decline compared with other peoples
2-18McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
Technology
• Throughout history new technologies and
devices have fueled commerce and reshaped
societies.
– Printing press
– Steam engine
• New technologies:
– Foster the productivity gains that sustain long-term
economic progress
– Promote human welfare
– Can agitate societies2-19McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
Globalization
• In the economic realm, globalization refers to
the development of an increasingly integrated
system based on free markets in which nations
are open to foreign trade and investment.
• Consequences of globalization:
– Increased economic activity
– Changed cultures
• Globalization has been accelerated by new
technologies, and sometimes slowed by
national rivalries and wars.2-20McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
Nation-States
• Arose out of the wreckage of the
Roman Empire
• In the past, nations increased
their power by seizing territory
from other nations
• Today, nations use trade
2-21McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
Nation-states
The unit of human
organization in
which individuals
and cultural
groups can
influence their
circumstances and
future.
Dominant Ideologies
• An ideology is a set of reinforcing beliefs and values that
constructs a world view.
– Darwinism – constant improvement characterized the
biological world.
– Social Darwinism – evolutionary competition in human society
weeds out the unfit and advances humanity.
– Protestant ethic – hard work, saving, thrift and honesty lead to
salvation.
• Many doctrines have perished as a result of globalization.
• Accelerated in the 20th century by rising literacy and
innovations that spread information.
2-22McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
Great Leadership and Chance
• Leaders have brought both beneficial and disastrous changes to societies and businesses.
• Two views of historic leaders:
– Leaders simply ride the wave of history
– Leaders themselves change history
• Some changes in the business environment may be best explained as the product of unknownand unpredictable causes.
• Machiavelli observed that fortune determines about half the course of human events and human beings the other half.
2-23McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
Seven Key Environments of Business
2-24McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
The Economic Environment
• The economic environment consists of forces that influence
market operations, including:
• Two basic subtrends underlying economic growth:
– Rising trade
– Major expansion of foreign direct investment by
transnational corporations
2-25McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
� Overall economic activity �Wages
� Commodity prices � Competitor’s actions
� Interest rates � Technology change
� Currency fluctuations � Government policies
The Technological Environment
• New technologies create both threats and
opportunities.
• New technologies have unforeseen
consequences for society when they are put
into widespread use for commercial gain.
• Businesses must carefully weigh not only the
strategic impact of technologies on their
business models, but also the stresses and
strains they may impose on people.
2-26McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
The Government Environment
• There are currently two long-term global trends
in the government environment of major
importance to business:
– Government activity has greatly expanded
• Larger social welfare roles
• Expanded regulation of domestic industries
– More governments are becoming open and
democratic
• Governments increasingly respond to public demands for
corporate social performance
2-27McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
The Cultural Environment
• The environment of a transnational corporation includes a variety of cultures.
– This variation causes conflicts of business customs.
• There is a fundamental divide between the culture of Western economic development and the rest of the world’s cultural groupings.
• The rise of postmodern values has uniformly shifted the social, political, economic, and sexual norms of wealthy countries.
• Postmodern norms are a strong influence in the operating environments of multinational corporations.
2-28McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
The Natural Environment
• Economic activity is a geophysical force with power to change the natural environment.
• Economic productivity in the 20th century has:
– Depleted mineral resources
– Reduced forest cover
– Killed species
– Released molecules not found in nature
– Unbalanced the nitrogen cycle
– Possibly triggered climate change
• Managers must adapt to changed thinking, toward preservation of nature.
2-29McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
The Internal Environment
• In a corporation, the internal environment
consists of four groups:
– Objectives
– Beliefs
– Needs
– Functions
• Forces in external environments have recently
reduced the power of these internal groups.
2-30McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
The Legal Environment
• The legal environment consists of:
– Legislation
– Regulation
– Litigation
• Five enduring trends:
– Laws and regulations have steadily grown in number and complexity
– Corporations have expanding duties to protect rights of stakeholders
– Globalization has increased the complexity of the legal environment
– Laws are now enacted to guide ethical behavior and corporate social responsibility
– The law is constantly evolving
2-31McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.
A Focus on the Priorities for
the Canadian Securities Regulatory System
A Presentation by Pierre Lortie
to the Montreal Economic Institute
Note: The opinions expressed herein are solely those of the author and do not purport to represent those of the firm.
.
March 20th, 2008
The Scope of Securities Regulation
• Worldwide, the dual purpose of securities
legislation is:
– “to provide protection to investors from unfair,
improper or fraudulent practices; and
– to foster fair and efficient capital markets and
confidence in capital markets” (1)
1. Ontario Securities Act, R.S.O. 1990, i.S.5
The Scope of Securities Regulation
• Securities regulation is multifaceted. It comprises the regulation of: – Public issuers based on the principle of full, timely and accurate
disclosure of relevant information both at the issuance of securities and on a continuous basis. It also covers corporate governance to ensure effective accountability of management and Board members to shareholders
– Market intermediaries to ensure that they conduct their business with their clients with due care and trade fairly in the market and have adequate capital so that they may enter and exit the market without disruption
– Secondary markets to ensure fair access and adequate price formation in order to promote the market’s efficiency and reputation. It also covers the regulation of clearing and settlement and the setting of standards for risk management
– Asset management to ensure professional management and adequate disclosure of investments to the investors
The Performance of Canadian
Securities Regulation
• Canada obtained the second best score out of 40 countries in a comprehensive study of the efficiency of securities regulation: (4)
– United States 97%
– Canada 91%
– Australia 77%
– United Kingdom 73%
• In a recent study of the economic consequences of increased disclosure, the authors conclude:
– "We find no significant post-listing change for Canadian firms….Canada is a particularly interesting case for study as its disclosure environment is very similar to that in the U.S., which implies that the factors involved in the cross-listing decisions of Canadian firms differ from those of firms in other countries.“ (5)
4. Hail and Levy, “What Works in Securities Law”, Journal of Finance (2006)
5. Warren Bailey, G. Andrew Carolyi and Carolina Salva, “The Economic Consequences of Increased Disclosure: Evidence from
International Cross-Listings”, (2006) 81 Journal of Financial Economics 175
The Performance of Canadian
Securities Regulation
• Protection of minority shareholders from controlling
shareholders extracting benefits from the Company
ranks amongst the best, at par with the United States
6. Randall Morck, Daniel Wolfenzon and Bernard Yeung, “Corporate Governance, Economic Entrenchment and
Growth”, (2005) 43 Journal of Economic Literature 655
Country Block Premium
(%)
Voting Premium
(%)
Australia 2 23
France 2 28
Germany 10 10
Switzerland 6 5
United Kingdom 2 10
United States 2 2
Canada 1 3
Estimated private Benefits of Control in Different Countries (6)
The Performance of Canadian
Securities Regulation
• The average cost of undertaking a small-sized issue is
less than that of a comparably sized issue in the USA,
while the cost for undertaking a large-scale issue is
similar in both countries (9)
• The cost of capital in the United States and in Canada is
similar for comparable companies once you take into
account the differences between the risk premium in
the two countries, as reflected in government bond
yields in the two countries (10)
9. J.-M. Suret and C. Carpentier, Réglementation des valeurs mobilières au Canada, Montréal, CIRANO (2003), note 23, pp.
35-36
10.Lorie Zorn, “Estimating and Comparing the Implied Cost of Equity for Canadian and U.S. Firms”, Bank of Canada
Review, Autumn 2007, p 29
The Acid Test of a Regulatory
System Design
• Any system of regulation must be flexible since markets change over time.
• The Canadian securities regulatory system architecture is demonstratively characterised by:– Greater flexibility
– A better capacity to adapt to changing circumstances
– A greater responsiveness to particular industry or regional needs
– Better assurances against the hasty adoption of disruptive and costly regulations (“monopoly”) (Sarbanes-Oxley)
– Better shield from the imposition of politically expedient or faddish requirements (“centralization”)
Dynamic efficiency is the acid test of a regulatory system design
The Acid Test of a Regulatory
System Design
• A Pattern of Continuous Evolution and Adaptation to Changing Circumstances
– The judicious application of information technologies has created systems and practices which are truly national in scope:
• System for Electronic Document Analysis and Retrieval (SEDAR)
• System for Electronic Disclosure by Insider (SRDI)
• National Registration System (NRS) and the National Registration Database (NRD)
• Mutual Reliance Review System (MRRS)
• Development and implementation of 25 National Instruments and 24 national policies covering key areas such as prospectus requirements, mutual fund regulation, rights of offering, take-over bids, prospectus and registration exemptions, continuous disclosure contents and market place operations
– The implementation of the Principal Regulator System (MI11-101) on September 19th, 2005, extended exemptions to participants when they deal with different securities jurisdictions (except Ontario)
– The implementation of the “passport system” on March 17th, 2008 allows participants to access capital markets across Canada by dealing only with the regulator in one jurisdiction (except Ontario)
The Acid Test of a Regulatory
System Design
• A Record of Responsiveness to the needs of
the Canadian Capital Markets:
– Multi-jurisdictions did not prevent harmonization
of regulatory requirements…
• In 2001, the Canadian Government eliminated the
provisions of the Canada Business Corporations Act
concerning going private transactions, take-over bids
and insider reporting in order to avoid “the futility of
maintaining a regulatory overlap” with Canadian
securities regulations pertaining to these same matters (11)
11. Industry Canada, “Analysis of the Changes to the Canada Business Corporation Act”
The Acid Test of a Regulatory
System Design
• In June 1991, the SEC and Canadian Securities Commissions adopted the Canada/US Multijurisdictional Disclosure System (MJDS). The MJDS:– Permits eligible issuers in Canada to effect offerings of securities in
the United States based on disclosure documents prepared in accordance with Canadian requirements, and vice versa
– Permits issuers to use Canadian continuous disclosure documentation and file Canadian-style insider reports in satisfaction of U.S. requirements and, conversely, allows U.S. issues to file their continuous disclosure and insider reports in satisfaction of the equivalent Canadian requirements
– The MJDS extend to specific transactions such as cross-border rights offerings, takeover bids, and business combinations
• No other country benefits from such a mutual recognition and harmonization agreement with the SEC
The Achilles Heel of Canadian
Capital Markets
• The structure of the Canadian financial sector has a profound influence
on the workings of capital markets. Its evolution towards a very
concentrated industry has few parallels in industrialized countries
– The six largest investment dealers account for over 70% of the activities of
the industry
• Despite all the efforts that can and should be done at the regulatory
level, their positive impact will be easily smothered if the Canadian
securities industry is not competitive and cost efficient. This should be
the main focus of policies
Canada has: The US has:
> Only one stock exchange organization > Nine stock exchanges
> 3 alternate trading systems > More than 70 alternate trading systems
> One clearing house > 12 clearing houses
The Achilles Heel of Canadian
Capital Markets
• The eroding competitiveness of the Canadian secondary
market for equities should be a serious concern. The
evidence indicates that:
– one-way equity trading costs stand at 52.4 basis points in Canada
compared to 38.1 in the USA. (14)
– since 1990, the proportion of transactions on Canadian interlisted
stocks for which more than 50% of the volume is done in the USA has
increased from 28% to 53%.
14. Domowitz J. et all., "Liquidity Volatility and Equity Trading Costs Across Countries and over Time". International Finance,
4 (2), 221-255
The Achilles Heel of Canadian
Capital Markets
• The Dynamic Efficiency of the Canadian Securities System at Work– The proportion of small-cap issuers is significantly larger in Canada
than in the USA and other industrialized countries
– This avenue was facilitated by the focus of the Vancouver and Alberta stock exchanges and the responsiveness of the BC and Alberta Securities Commissions to the characteristics and specific needs of small-cap equity markets
– To ensure the traditional tendency of the senior market to regulate-out small-cap markets, the acquisition of the Vancouver and Alberta Stock Exchanges by the TSX Group (TSE Venture) was accompanied by strong undertakings and guarantees to the Alberta Securities Commission aimed at ensuring that the development of this market will continue
Setting our priorities to deal with emerging challenges
• The Federal Government has a legitimate claim with respect
to prudential supervision, competition policy and Criminal Law
(an enforcement):
– It already supervises the financial position of:
• the Canadian banks (70% of the securities industry activity)
• CDS and the Canadian Derivatives Clearing Corporation (“CDDC”)
• This, however, is not the case with respect to the regulation of
the securities markets which pertains primarily to the
protection of investors and the rules of conduct and business
practices of the participants in the sector.
Setting our priorities to deal with emerging challenges
• An attempt by the Federal government to adopt a general
securities act which would have paramountcy over provincial
legislation will most likely lead to results contrary to what is
sought. It will:
– Give rise to a protracted constitutional battle the Federal
Government will not win before the Supreme Court. Economic
efficiency, even if proven, is not a sufficient reason to override the
equilibrium and cooperative character of Canadian federalism
– Undermine the efforts to pursue greater harmonization initiatives
since the key resources will be diverted
– In the end, probably result in the creation of a fourteenth Securities
Commission with significant overlaps, redundancies, increased costs
and the unavoidable turf battles
Setting our priorities to deal with emerging challenges
• There exists mounting evidence that the SEC monopoly position has led to a regulatory regime which undermines the competitiveness of US capital markets. It is increasingly being challenged by the growth of financial centers abroad and the increasing mobility of investors, financial services firms and exchanges and alternate trading systems across global capital markets
• The current domestic debate fails to recognize that the main object of the debate over international securities markets has changed:
– The emphasis is no longer on its traditional focus over cross-market listings and foreign issuer regulations but on the oversight of foreign financial service providers that want to establish facilities to provide investors with direct access to their markets
– The paradigm has changed: the main issue is not to regulate the foreign issuer seeking to list on a domestic exchange but how to facilitate direct access to foreign markets by investors while ensuring that they remain adequately protected
End of Week OneLevel
Type of Activity
or QuestionVerbs Used for Objectives
Lowest level Knowledgedefine, memorize, repeat, record, list, recall, name, relate, collect,
label, specify, cite, enumerate, tell, recount
Comprehensionrestate, summarize, discuss, describe, recognize, explain, express,
identify, locate, report, retell, review, translate
Applicationexhibit, solve, interview, simulate, apply, employ, use, demonstrate,
dramatize, practice, illustrate, operate, calculate, show, experiment
Higher levels Analysis
interpret, classify, analyze, arrange, differentiate, group, compare,
organize, contrast, examine, scrutinize, survey, categorize, dissect,
probe, inventory, investigate, question, discover, text, inquire,
distinguish, detect, diagram, inspect
Synthesis
compose, setup, plan, prepare, propose, imagine, produce,
hypothesize, invent, incorporate, develop, generalize, design,
originate, formulate, predict, arrange, contrive, assemble, concoct,
construct, systematize, create
Evaluation
judge, assess, decide, measure, appraise, estimate, evaluate, infer,
rate, deduce, compare, score, value, predict, revise, choose, conclude,
recommend, select, determine, criticize
The Scope of Securities Regulation
• Securities regulation is multifaceted. It comprises the regulation of: – Public issuers based on the principle of full, timely and accurate
disclosure of relevant information both at the issuance of securities and on a continuous basis. It also covers corporate governance to ensure effective accountability of management and Board members to shareholders
– Market intermediaries to ensure that they conduct their business with their clients with due care and trade fairly in the market and have adequate capital so that they may enter and exit the market without disruption
– Secondary markets to ensure fair access and adequate price formation in order to promote the market’s efficiency and reputation. It also covers the regulation of clearing and settlement and the setting of standards for risk management
– Asset management to ensure professional management and adequate disclosure of investments to the investors
What are Business Ethics?
• Business ethics is the study of good and evil, right and wrong, and just and unjust actions in business.
• Although all managers face difficult ethical conflicts, applying clear guidelines resolves the vast majority of them.
• Ethical traditions that apply to business support truth telling, honesty, protection of life, respect for rights, fairness, and obedience to law.
• Eliminating unethical behavior may be difficult, but knowing the rightness or wrongness of actions is usually easy.
• Some ethical decisions are troublesome because although basic ethical standards apply, conflicts between them defy resolution.
• Some ethical issues are hidden and hard to recognize.
• Some ethical issues are very subtle.
McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.7-53
Major Sources of Ethical Values in Business
McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.7-54
Religion
• The great religions converge in the belief that a
divine will reveals the nature of right and wrong
behavior in all areas of life, including business.
• Christian managers often seek guidance in the
Bible.
• In Islam the Koran is a source of ethical
inspiration.
• In the Jewish tradition, managers can turn to
rabbinic moral commentary in the Talmud and
the books of Moses in the Torah.McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.7-55
Ethical Variation in Cultures
• Ethical values differ among nations as historical experiences
have interacted with philosophies and religions to create
diverging cultural values and laws.
• The school of ethical universalism holds that in terms of
biological and psychological needs, human nature is
everywhere the same.
• The school of ethical relativism holds that although human
biology is everywhere similar, cultural experience creates
widely diverging values, including ethical values.
• Because of globalization, corporations struggle with the
question of how to apply conduct codes across cultures.
McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.7-56
Law
• Laws codify, or formalize, ethical expectations.
• Corporations and their managers face a range of
mechanisms set up to:
– Deter illegal acts
– Punish offenses
– Rehabilitate offenders
McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.7-57
Damages
• In civil cases courts may assess damages, or
payments for harm done to others by a
corporation.
– Compensatory damages are payments awarded to
redress concrete losses suffered by injured parties.
– Punitive damages are payments in excess of a
wronged party’s actual losses, awarded to deter
similar actions and punish a corporation.
• Since the purpose of punitive damages is to
punish and deter misconduct, they must be
large enough to cause pain, yet they raise many McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.7-58
Criminal Prosecution of Managers and
Corporations
• Managers may be prosecuted for criminal
actions undertaken in the course of their
employment.
• Corporations are criminally liable for corrupt
actions or omissions of managers if those
actions are intended to benefit the corporation.
• Criminal prosecution of corporations and their
executives is exceptionally difficult.
McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.7-59
Sentencing, Fines, and Other Penalties
• In 1991 the United States Sentencing
Commission released guidelines for sentencing
both managers and corporations.
• Managers can go to prison, be fined, put on
probation, given community service, make
restitution, or be banned from working in their
occupations.
• Corporations cannot be imprisoned, but they
can be fined and their actions restricted.
• Other methods for penalizing corporate crime
exist, such as having their fines paid to charities.McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.7-60
Factors That Influence Managerial Ethics
McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.7-61
Leadership
• The example of company leaders is perhaps the
strongest influence on integrity.
• A common failing is for managers to show by
their actions that ethical duties can be
compromised.
• If the leader does something, an opportunistic
employee can rationalize his or her entitlement
to do it also.
McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.7-62
Strategies and Policies
• A critical function of managers is to create
strong competitive strategies that enable the
company to meet financial goals without
encouraging ethical compromise.
• Unrealistic performance goals can pressure
those who must make them work.
• Reward and compensation systems can expose
employees to ethical compromises.
McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.7-63
Corporate Culture
• Every corporate culture has an ethical
dimension reinforced by daily habit and shared
beliefs about which behaviors are rewarded and
which are penalized.
• A factor that contributes to lowered ethical
climates in corporations is moral muteness.
• The tendency toward moral muteness is
probably present to some degree in every
company.
McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.7-64
How Corporations Manage Ethics
1. Establish standards and procedures.
2. Create high-level oversight.
3. Screen out criminals.
4. Communicate standards to employees.
5. Monitor and set up an anonymous hotline.
6. Enforce standards, discipline violators.
7. Assess areas of risk, modify the program.
McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.7-65
Ethics Programs: A Strong Future
• Ethics programs are a set of interrelated policies
and methods.
• Many companies have one or more of the
central elements of an ethics program, but only
a small number have strong programs.
• Some companies who engaged in criminal
behavior were forced to adopt strong ethics
programs as part of a settlement.
• Even companies with complete ethics and
compliance efforts are subject to scandals.McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.7-66
Bloom’s Taxonomy and Career Success
Bloom identified six educational objectives for the cognitive domain.
• Knowledge – is remembering or recalling previously learned material.
• Comprehension – in the lowest level of understanding and interpreting
the material so it can be compared and contrasted with similar material.
• Application – is the practical application of knowledge gained by the
learner.
• Analysis – allows the learners to identify the constituent components of
the topic they are currently engaged in learning.
• Synthesis – involves the learner taking the components or elements of a
topic to build some thing new i.e. using old ideas to create new ones.
• Evaluation – engages the learner’s own judgement on the material.
Pressures for Protectionism
• Most domestic businesses, whether engaged in
foreign trade or not, feel pressures from foreign
competitors with better products and lower
prices.
• Three justifications are often given for
protectionist measures.
– The U.S. has large trade deficits that must be
reduced.
– Protectionists want to shield industries from foreign
competition.
– Trade barriers in foreign countries restrict American McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.12-70
The Politics of Protectionism
• Protectionism is not solely an economic issue.
• Example: President Bush has said often that
expanding free trade is one of his highest
priorities, however he supports substantial
restrictions on imports of steel because:
– The industry today employs one-fifth the number of
steelworkers it did in 1980, production has slumped,
steel mills have closed, and the financial strength of
the industry has weakened.
– The industry and its unions have political strength.
McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.12-71
Free Trader Responses to Protectionists
• One main argument is the logic for free trade.
• The cause of the exceptional rise in world trade,
say antiprotectionists, has been in no small
measure the world’s reduction in tariff barriers.
• Protectionists claim that tariffs will save jobs,
but they may also cost jobs.
– Example: When President Bush imposed tariffs to
protect United States steel workers the price
increase in steel resulting from the tariffs cost jobs
in companies using the steel.McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.12-72
U.S. Deviation from Free Trade
Policy
• Despite strong free trade rhetoric and the
steady lowering of tariff and other trade
barriers, the United States protects industries
from foreign competition.
– The Federal Buy American Act
– The Merchant Marine Act
– The Passenger Vessel Services Act
• U.S. tariffs have declined significantly in recent
years, but there are many exceptions.
McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.12-73
Tariff Barriers in Other Countries
• China still imposes substantial barriers on imports such as watches,
automobiles, steel, textiles, etc.
• Japanese tariffs range from 10 percent to 40 percent for products
such as beef, oranges, apples, ice cream, and tomatoes.
• Various restrictions among European Union countries are applied
to genetically engineered commodities.
• Taiwan restricts imports of rice.
• Brazil still retains high tariffs on technology products.
• Mexico still retains substantial trade restrictions on products such
as meat, poultry, vegetables, and fruit.
• Russian tariff restrictions on imports remain, such as quotas on
meat products.
McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.12-74
Classical Free Trade Theory versus Reality
• The reality is that the global economy is a
mixture of free trade and protectionism.
• Classical free trade theory based on
comparative advantage has lost much validity
for a large part of world trade.
– Competitive advantage of nations
• A government can help an industry recover
from predatory foreign trade when it chooses
the appropriate means, on a limited scale, for a
limited period of time, for a few industries, and
for the right reasons.McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.12-75
Corruption in Business and
Government Transactions
• Cultural differences, practices, and laws among
the many countries where MNCs do business
create extremely difficult moral, ethical, and
legal problems for MNCs.
• Companies have found in many LDCs, and even
in some highly industrialized countries, that to
do business it is necessary to make a variety of
payments, leading to often intense publicity
given to instances of corruption involving high
government officials.McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.12-76
What is Corruption?
• At one end of the spectrum is what might be
called petty corruption or “grease” payments.
• When is the payment “normal,” and when does
it become tainted with bribery?
• A different problem in identification of bribery
is offsets, which have become popular in the
international arms trade.
– Offsets can be part of an agreement to bring
investment to a company.
– Contractors dislike offsets but they are an essential
part of doing business in many countries.McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.12-77
Costs and Consequences of Corruption
• The World Bank concludes that worldwide bribes total $1 trillion each year.
• The phenomenon is present in both highly industrialized as well as developing countries.
• Corruption raises the costs of doing business.
– It distorts government allocation of expenditures.
– It can slow the development of a free market.
– It can have a corrosive impact on both government service and business efficiency.
– It distorts competition.
– It can undermine political legitimacy.McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.12-78
Law and Codes to Control
Corruption
• After Watergate, the need for new regulations
became obvious and Congress passed the
Foreign Corrupt Practices Act (FCPA) in 1977.
• Congress amended the FCPA in 1988 to clarify
some ambiguities in the original version.
• Eventually the Organization for Economic Co-
operation and Development approved the
Convention Combating Bribery of Foreign Public
Officials in International Business Transactions.
• In 2003, the United Nations approved the UN
Convention Against Corruption.McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.12-79
Concluding Observations
• MNCs have major impacts on markets, social
systems, and political institutions.
• Complexities of doing global business raise
serious economic, ethical, political, social, and
moral issues for their management.
• It is believed that more top managers of U.S.
corporations, with help and prodding from
government and strong activist critics, are
exercising power responsibly.
McGraw-Hill/Irwin © 2006 The McGraw-Hill Companies, Inc. All rights reserved.12-80