United States V. Aluminum Co. Of America Essay Example for Free

United States V. Aluminum Co. Of America Essay United States V. Aluminum Co. Of America Introduction Case overview                   The United States V. Aluminum Co. Of America was a case that involved the federal government of the United States of America against the Aluminum Company of America and its subsidiaries. As the plaintiff, the federal government accused the company and one of its subsidiaries of conspiring with other foreign entities to establish a monopoly in the aluminum market both in the United States and abroad. Jointly with a Canadian company namely aluminum limited, the Aluminum Company of America was accused of forming a cartel known as The Alliance. According to the terms of the agreement signed in 1931, the shares of the resulting company were issued to the signatories accompanied by a production quota for every share held. Moreover, the alliance was free to sell its products at any price that it considers fair and no party to the agreement were supposed to sell or buy aluminum from anyone who was not a member of the alliance (Hall, 37). A second agreement that was signed by the parties in 1936 abandoned the earlier system of unconditional quotas and replaced it with royalty system. Although the United States was not included in the quotas in the first agreement, the members of the alliance included it in the second agreement. Based on this, the federal government of the united states of American instituted legal proceedings against the aluminum company of America and aluminum limited of Canada. In its presentation, the federal government accused the two companies of violating the Sherman act which prohibits companies from eng aging in contracts and alliances that are aimed at restraining trade among states or overseas countries.                   The trial commenced on June 1st 1938 in the district court and it lasted for four years. After listening to the arguments made by the parties, the court dismissed the case. In his ruling, the judged stated that the actions of the company did not violate the Sherman Act nor did they restrict aluminum trade among the states and in foreign markets. According to the evidence produced before him, the judge also noted that the large market share enjoyed by the company was as a result of its ability to predict changes in the market coupled with its superior marketing and distribution strategies. After the case was dismissed by the district court, the plaintiff filed for an appeal. Initially, the appeal was supposed to be handled by the United States Supreme Court but was moved to the Court of Appeals (Hand, et al, 36). This transfer resulted from the fact the Supreme Court could not attain the required quorum of six judges to listen to the case. In delivering t heir judgment, the circuit judges stated that although the agreements made by shareholders of the alliance were made abroad, they affected aluminum imports in America. Based on this, the court of appeals overruled the earlier judgment of the district court and declared actions of the Aluminum Company of America and its associates illegal. A summary of the legal issues in the case                   There were four major legal issues that arose during the case. The first legal issue was whether the Aluminum Company of America gained monopoly over the virgin aluminum ingot unfairly. Since its early years, the company had been in the business of producing and selling ingot aluminum. The company employed traditional techniques of mining and melting aluminum until 1892 when Bradley discovered that smelting could be done without using external heat. This technique promised a big economy in the production of aluminum. So that the aluminum company of America could get permission to use this technique, it entered into an agreement with Bradley (Hand, et al, 53). According to the terms of this agreement, the company would Bradley’s technology to manufacture Aluminum and in return, sell the assignee an unspecified amount of aluminum at a discount below its market prices. Aluminum extraction is a process that consumes a lot of electricity. Based on this , the American aluminum company contracted the major power suppliers. According to the terms of the contract, these power companies were not supposed to sell power to any other company that is involved in the manufacture of aluminum. These two acts made the company the sole largest producer of aluminum in the country. The main legal issue here was to determine whether the monopoly enjoyed by the company resulting from these two agreements was legal or not.                   The second legal issue that arose in the proceedings was whether the aluminum company of America was guilty of being involved in illegal activities; it established its monopoly in the aluminum business in America. In its application, the federal government of the United States wanted the court to find the activities of defendant unlawful not only because they played a role in the establishment of its monopoly but also they were designed to suppress its competitors. This issue was divided into three broad categories. The first category was to consider the preemption of water vapor and the bauxite deposits (Hall, 36). The Aluminum Company of America and its overseas subsidiaries bought up all bauxite deposits in all the major sources including Arkansas and other overseas sources. The plaintiff argued that the company bought more bauxite than it needed showing that the purchase was not for ensuring enough supply but locking out competitors. The second categ ory was to consider the suppression of other players in the aluminum industry and fabricated goods. As noted earlier in the paper, the Aluminum Company of America contracted the major power companies to supply it with power. In the contract, the power companies were not supposed to sell power to other players in the aluminum business. Moreover, the company also bough interests in two aluminum companies in Norway. The third category of issues was the domination the aluminum market especially cables and sheets. The plaintiff argued that the Aluminum Company of America used unlawful tactics to penetrate the control the market for fabricated aluminum products. This was done in three main ways that included buying many shares in the Aluminum Manufacturers and Inc., Aluminum Castings Company, using price squeeze and through the Piston Patent Pool.                   The third legal issue in the case was whether The Aluminum Company of America together with its subsidiaries were in an illegal conspiracy, and whether or not the company was also in conspiracies with other foreign aluminum manufacturers. The Aluminum Company of America was incorporated in 1928 with the aim of coming with subsidiaries to take over the operations of the company abroad. In place of all the possessions conveyed, the company issued all its common shares top its common shareholders in the ratio of one share for every three held. This tactic was meant to ensure that the beneficial ownership of the company remained as it had been previously. The court needed to determine whether these actions were legal business strategies or were conspiracies aimed at monopolizing the aluminum market in the United States and abroad (Wang, 73).                   The final legal issue in the case was establishing the right remedy in the case of every defendant who may be found guilty of violating the Sherman Act. About five years had passed since the proceedings started and many changes had taken place in the aluminum industry in America. Based on this, it was hard for the court to dispose the case on the basis of the basis of the existing judicial record. According to the presentations made by the plaintiff, the court should dissolve the defendant. Summary of any economic analysis relevant to the case                   The first economic analysis relevant to this case is the rise of monopoly and the effects it has on a country’s economy. As noted earlier in the paper, The Aluminum Company of America implemented a number of measures that saw it rise into a dominant player in the aluminum industry. Monopolies are not illegal but they must be established through lawful and competitive ways. More specifically, monopolies should not arise from a company’s competitiveness but not from conspiracies and other illegal acts (Hall, 28). No company should enjoy the unchallenged economic power in any industry because it discourages economic growth and slows economic growth. Even if monopolies are achieved lawfully, they should be discouraged regardless of their economic results. This would be inline with the Sherman act that was mainly aimed at putting an end to aggregations of capital because it made individuals helpless. Moreover, it gave large organizations an oppo rtunity to exploit customers. The outcome of the case                   The case was heard by two different courts. Initially, the case was handled by the district court before moving to the court of appeals. In the district court, the judge rules that the defendant was not guilty of engaging in a conspiracy with its subsidiaries to manipulate the American aluminum industry through a monopoly. The judge noted that the company success and dominance enjoyed by The Aluminum Company of America was a result of its superior business strategies compared to its competitors. Based on this, the court ruled that the actions of the company did violate the Sherman Act (Hand et al, 25). The plaintiff was not satisfied with this judgment and appealed it. Initially, the case was to be heard in the Supreme Court but was moved to the court of appeals after the Supreme Court failed to raise enough number of judges to listen to it.                   After listening to all the submissions presented before it, the Supreme Court made its final judgment four years after the case was initiated. In the judgment, the judges ruled that states could impose liabilities even to parties that are not within its allegiance. Based on the provisions of the Sherman act, the court ruled that the agreements entered into by The Aluminum Company of America in 1931 and 1936 were unlawful because they were meant to affect aluminum imports into the country. Moreover, the court indicated that the main aim of the Sherman act was to ensure that all the factors that play a role in determining prices should be kept free. Based on this, the court ruled that the actions of the aluminum company of America and its partners violated the Sherman act. Consequently, the court of appeal overturned the earlier ruling made by the district court. Conclusion                   In conclusion, The United States V. Aluminum Co. Of America was a case that was initiated by the federal government of the United States against the Aluminums Company of America and its partners. In filing the case, the plaintiff accused the defendant and its other partners of entering into business agreements aimed at establishing a monopoly in the aluminum market both in the United States and abroad (Wang, 38). According to the federal government, these actions were illegal because they were in violation of the Sherman act. This act prohibits companies from engaging in contracts and alliances that are aimed at restraining trade among states or overseas countries.                   There were four major legal issues in the case. The first legal issue was whether the Aluminum Company of America gained monopoly over the virgin aluminum ingot unfairly. The second legal issue that arose in the proceedings was whether the aluminum company of America was guilty of being involved in illegal activities. The other legal issue was whether The Aluminum Company of America together with its subsidiaries were in an illegal conspiracy, and whether or not the company was also in conspiracies with other foreign aluminum manufacturers. The final legal issue in the case was establishing the right remedy in the case of every defendant who may be found guilty of violating the Sherman Act.                   In its final ruling, the court of appeals overturned the ruling of the district court and found the actions of Aluminum Company of America and its subsidiaries illegal and to be in violation of the Sherman act. References Hall., K. L. The Oxford Companion to the Supreme Court of the United States. Oxford University Press, 2005. Print Hand, L., Swan, Augustus N. Hand. UNITED STATES v. ALUMINUM CO. OF AMERICA et al. No. 144. Circuit Court of Appeals, Second Circuit. March 12, 1945. Web Wang, Zhigang. International Harmonization of Competition Laws. Martinus Nijhoff Publishers. 1995. 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Robert Miyoshi Dr. Conti CPRL 110-04 15 December 2013 The Religious Journey of Malcolm X Malcolm X is widely known as one of the most influential figures in the movement of Civil Rights. Although his views did change over time, he was always very sincere about his beliefs and stood by them one-hundred percent. He was born Malcolm Little, to a Baptist lay speaker and a Grenada-born homemaker, Malcolm’s family had to be relocated several times because of constant death-threats toward his father. At the age of six, Earl, Malcolm’s father was killed in a streetcar accident that the family believed was the work of a white supremacist group called the Black Legion. At thirteen, Malcolm’s mother was institutionalized at a mental hospital, leaving her children to be separated into foster homes. Although an excellent student in junior high school, Malcolm dropped out of school when a white teacher told him that his dream of practicing law was â€Å"no realistic goal for a nigger†. After a youth of petty crime and a young adulthood of larger infractions, Malcolm found himself in jail for larceny and breaking and entering. While serving his eight to ten year sentence at Charlestown State Prison, Malcolm began reading and furthering his education through reading. Also while in prison, Malcolm’s brother, Reginald visited him bearing news of a religion called the â€Å"Nation of Islam†. This belief system fit well with Malcolm’s views of white people: that they are devils and that black men and women are truly the superior race. While still in prison, Malcolm maintained correspondence with Elijah Muhammad, the leader of the Nation of Islam. The ‘X’ in Malcolm’s name began appearing in 1950 and replaced his surname â€Å"Little† because, â€Å"[his] ‘X’ replac... ...s as they saw that Nation as only a role-reversal of the white/black conflict in the United States. The Nation of Islam was labeled as hatemongers, black supremacists, racists, violence-seekers, segregationists, and a threat to improved race relations. Malcolm X went even as far as to denounce the civil rights movement and called Martin Luther King Jr. a â€Å"chump† and other civil rights leaders â€Å"stooges† of the white establishment. While in the height of his popularity among the Nation of Islam and as numbers of blacks in the United States joined the Nation, Malcolm had internal conflicts. These were because he had found out that Elijah Muhammad had had extramarital affairs with other members of the Nation of Islam; a huge sin within the religion. Muhammad had had as many as six women that he had slept with and Malcolm X was deeply affected by his leader’s actions.

Ratio Analysis of Starbucks vs Mcdonald’s

Running Head: RATIO ANALYSIS Starbucks Corporation & McDonalds Corporation McDonald’s Corporation McDonald’s Corporation operates in the food service industry. The company has its restaurants in more than 100 countries of the world. McDonald’s, the world’s largest food chain is headquartered in U. S. having an employee population of 390000 (About McDonald's†¦ , 2008). Starbucks Corporation Seattle based, Starbucks Corporation is the leading coffeehouse chain in the world. The company has its operations in more than 44 countries. The main products offered by Starbucks various kinds of drinks, snacks, coffee beans. The company also operates in the field of marketing of music, books (The Company, 2008). Ratio Analysis Ratio Analysis (2007) RatiosStarbucksMcDonalds Current Ratio0. 790. 80 Quick Ratio0. 300. 67 Debt Equity Ratio1. 340. 92 Proprietary Ratio0. 430. 52 Solvency Ratio0. 570. 48 Inventory Turnover Ratio12. 13118. 77 Gross Profit Ratio (%)23. 3434. 69 Net Profit Ratio (%)7. 1515. 67 Return on Proprietors' Funds (%)29. 4515. 67 Earning Per Share0. 912. 06 Current Ratio Current Ratio may be defined as the relationship between current assets and current liabilities. It is also known as working capital ratio or 2: 1 ratio. It is calculated by dividing the current assets by current liabilities. The main components of this ratio are current assets and current liabilities. Current assets of a firm represent those assets which can be, in the ordinary course of business, converted into cash within a period not exceeding one year. Current liabilities mean those obligations which are to be paid within a period of one year of current assets or by creation of current liabilities (Van Horne, Wachowicz & Bhaduri, 2005). Current ratio of the Starbucks Corporation and McDonalds Corporation is . 79 and . 80 respectively in the year 2007. There is little difference in the current ratio of both the companies. The ratio reflects weak liquidity position of both the companies and it shows that the companies do not have short term solvency. Liquidity position can be improved to some extent and can be made equivalent to industry average. The industry average of current ratio is . 90: 1. Quick Ratio This ratio is also helpful in analyzing short term financial position of a business. Quick ratio is the measure of the instant debt paying ability of the business enterprise, hence it is called quick ratio (Van Horne, Wachowicz & Bhaduri, 2005). A quick ratio of 1:1 is considered as an ideal ratio. If the liquid ratio is more than 1:1, the financial position of the firm seems to be sound and good. On the other hand, if the ratio is less than 1:1 the financial position of the firm is unsound. Quick ratio of Starbucks is . 30:1 and McDonald’s ratio is . 67:1. There is high difference between the quick ratios of both the corporations. McDonald’s liquidity position is much better than Starbucks. Overall, the short term liquidity position of both the firms is quite poor because both the ratios are less than the desired norms. For instance, current ration should be 2:1 whereas, it is 1:1 approximately. Similarly the liquidity ratio is much less than 1 as compared to ideal standard of 1:1. Therefore, the companies will face difficulties in current obligations on maturity. Debt Equity Ratio This ratio indicates the relative proportion of debt and equity in financing the assets of a firm. Debt Equity ratio reflects the relative claims of creditors and shareholders against the assets of a firm. The industry average of ratio is . 42:1. Debt equity ratio of McDonalds is . 92:1 which is highly satisfactory as normally the ratio of 1:1 is considered reasonable. The Starbucks ratio is 1. 34:1 which is very high. A high debt equity ratio has serious implications from the firm’s point of view. A high proportion of debt in the capital structure lead to inflexibility in the operations of the firm as creditors would exercise pressure and interfere in management. Proprietary Ratio Proprietary ratio establishes relationship between proprietors or shareholder’s funds and total assets of the business. This ratio highlights the general financial strength of the firm. It is of great importance to creditors since it enables them to find out the proportion of shareholder’s funds in the total assets used in the business. The ratio of Starbucks is . 43:1 and for the McDonalds it is . 52:1. Though, ratios are quite similar but McDonalds again has a better position than Starbucks Corporation. Solvency Ratio This ratio measures the long term solvency of the business. It reveals the relationship between total assets and total external liabilities. This ratio measures the proportion of total assets provided by creditors of the firm i. e. what part of assets being financed from loans (Van Horne, Wachowicz & Bhaduri, 2005). The total assets of Starbucks and McDonald’s are more than total liabilities which indicates that the company is solvent. So, the higher the ratio, the grater is the amount of creditors that is being used to generate profit foe the owners of the firm. The difference in both the companies’ ratio is small but still Starbucks has better performance than McDonald’s in terms of solvency. Inventory Turnover Ratio The ratio indicates the number of times inventory is replaced during the year. It measures the relationship between the cost of goods sold and the inventory level. The inventory turnover ratio measures how quickly inventory is sold (Van Horne, Wachowicz & Bhaduri, 2005). The inventory turnover ratio of Starbucks is 12 times while McDonald’s ratio is 118 times. McDonald’s has an efficient inventory management. Whereas Starbucks has low inventory turnover ratio and it is unsatisfactory. In general, a high inventory turnover ratio is better than a low ratio. A high ratio implies good inventory management. A very low level of inventory has serious implications. It adversely affects the ability to meet customer demand as it may mot cope up with its customer requirements. Gross Profit Ratio The ratio expresses the relationship of gross profit on sales to net sales in terms of percentage (Van Horne, Wachowicz & Bhaduri, 2005). Goss profit is the result of the relationship between prices, sales volume and costs. Gross profit margin of Starbucks Corporation is 23% whereas the ratio for McDonald’s is 35%. McDonald’s ratio is high as compared to Starbucks which is a sign of good management. It implies that the cost of production of the firm is relatively low. The McDonald’s has reasonable gross margin which ensures adequate coverage for operating expenses of the firm and sufficient return to the owners of the business, which is reflected in the net profit margin. Net profit Ratio This measures the relationship between net profits and sales of a firm. The net profit margin is indicative of management’s ability to operate the business with sufficient success not only to recover revenues of the period, the cost of merchandise or services, the expenses of operating the business and the cost of the borrowed funds, but also leave a margin of reasonable compensation to the owners for providing their capital at risk (Van Horne, Wachowicz & Bhaduri, 2005). Net profit ratio of McDonald’s and Starbucks is 15. 67% & and 7. 15% respectively. McDonald’s is generating adequate returns for its owners. On the other hand, Starbucks net profit margin shows inadequate returns to its owners. Overall efficiency and profitability of McDonald’s is higher than Starbucks. Return on Proprietary Funds The ratio expresses the percentage relationship between net profit and proprietors funds or shareholder’s investment (Van Horne, Wachowicz & Bhaduri, 2005). It is used to ascertain the earning power of shareholders investment. Return on proprietors’ funds for McDonald’s is 15. 7% and for Starbucks it is 29. 5%. Starbucks has better performance and higher return than the McDonald’s. Earning Per Share The rate of dividend on shares depends upon the amount of profits darned by the firm. Whatever profit remains, after meeting all expenses and paying preference share dividend, belongs to equity shareholders (Van Horne, Wachowicz & Bhaduri, 2005). These are the profits earned on equity share capital. The earning per share is calculated by dividing the profit available to equity shareholders by the number of shares issued. This is a popular ratio as it measures the profitability of a firm from owner’s standpoint. McDonald’s EPS is higher than Starbucks which shows that the market price of the firm would be greater. It will also help the company to raise additional capital without any difficulty. This ratio plays an important in comparison of two companies from investment point of view. Investment Decision I would like to invest in McDonald’s Corporation as the overall performance and productivity is high for the firm. The liquidity analysis performed through current ratio and quick ratio reveals that the McDonald’s is better in terms of liquidity position. The company also has satisfactory position in terms of long term solvency. Though solvency ratio of Starbucks is higher but overall McDonald’s has good financial position. Firm is able to quickly convert various assets into cash. McDonald’s has high profit margins which is necessary for the higher returns to the shareholders. It shows that the resources are effectively utilized at the firm. EPS is very high which is necessary for the investment. Thus, investment in McDonald’s Corporation is beneficial and it would give higher returns. References About McDonald's†¦ (2008). Retrieved November 19, 2008, from http://www. mcdonalds. com/corp/about. html McDonald's Corp: Financial Statement. (2008). MSN Money. Retrieved November 19, 2008, from http://moneycentral. sn. com/investor/invsub/results/statemnt. aspx? Symbol=US:MCD&lstStatement=Balance&stmtView=Ann Starbucks Corp: Financial Statement. (2008). MSN Money. Retrieved November 19, 2008, from http://moneycentral. msn. com/investor/invsub/results/statemnt. aspx? Symbol=SBUX&lstStatement=Balance&stmtView=Ann The Company. (2008). Retrieved November 19, 2008, from http://www. starbucks. co m/aboutus/overview. asp Van Horne, J. C. Wachowicz, J. M. & Bhaduri, S. N. (2005). Fundamentals of Financial Management (12th Ed. ). (pp. 130-133). United Kingdom: Pearson Education.

Essay on Love in the Epic of Gilgamesh and Genesis

At an early point in history, The Epic of Gilgamesh and the story of Genesis were two texts that set the framework of the entire world. They were two epics that established the foundations of religion, literature, and all other standards that were followed by every category of people. Both texts entice the audience through antique language, and the stories of epic heroes and immortal gods. Sin-Leqi-Unninni and the many writers of the Bible use love as their central theme, yet it unfolds as having distinguishing effects on all characters throughout both texts. In The Epic of Gilgamesh, the author conveys love as a motivational factor for helping Gilgamesh and other characters transition into better individuals, whereas in the Old†¦show more content†¦The joyful people will stoop with sorrow; and when you have gone to the earth I will let my hair grow for your sake, I will wander through the wilderness in the skin of a lion† (Unninni 95). He stays with him until his body starts to diminish, and later finds himself searching for immortality. Gilgamesh goes on a journey challenging the gods of the underworld searching for his immortality and a chance to see Enkindu. At the start of the text Gilgamesh was empowered by the acts of raping the towns women and belittling men, nevertheless, Enkindu is the figure that actually contests Gilgamesh for his power. It is through Enkindu that he realizes how precious humanity can be. Whether it is a homosexual or brotherly love, Gilgamesh falls in love with the man in Enkindu that helps him transpire into a greater human being. This quote reveals the first time that Gilgamesh makes a sacrifice in the name of love. In The Epic of Gilgamesh, Leqi Unninni conveys through his writing that the account of Gilgamesh maturing is done through the act of love. In Genesis, Cain shows similar qualities to Enkindu. Where Enkindu was searching for recognition of the Uruk people, Cain was fighting for the recognition of God after his sacrifices were not sufficient enough to compete with those of Abel. As a result, Cain kills his brother, showing the corrupt side ofShow MoreRelatedComparing Genesis And The Epic Of Gilgamesh940 Words   |  4 PagesWhile Genesis in the bible and The Epic of Gilgamesh have striking similarities in the sense of creation and the great flood, the interactions between the divine beings and humans differ greatly. One matter that impacts the entire relationship between gods and humans in both accounts is that the gods in the epic are not almighty beings like God in Genesis since they cannot control each other’s domain. 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