Case study on Google.com Essay Example | Topics and Well Written Essays - 2000 words

Contextual analysis on Google.com - Essay Example The organization likewise serves corporate customers, including publicists, content distributers and site directors with financially savvy promoting and a wide scope of income creating search administrations. Google's advancement innovation and proceeded with development serve the organization's crucial arranging the world's data and making it all around open and useful.( http://www.google.com.au/profile.html) As an organization Google holds the notoriety of the pioneer organization in site upkeep, and keeps up a site which is one of the most well known sought after. It serves the need of a multi year old just as multi year old. The web index has pulled in enthusiasm of extraordinary number of web clients as a result of its basic plan and easy to use interface. Google has had the option to accomplish this by keeping up a list of in excess of 8 million site pages on the web. The flexibility of the web crawler has claim to wide scope of clients and any one with an Internet association can utilize this site to scan for data. Google has accomplished the status of brand name internet searcher in view of its fame, convenience and the wide ordering of classifications. The UI is easy to understand and has adaptability and bid to many dialects around the world. It is additionally a famous publicizing mechanism for different sources, and this is the primary wellspring of income. The organization pro duces income through the promoting programs. The publicizing program comprises of promoters publicizing with Google and afterward Google utilizes its pursuit innovation choosing which page should have the advertisement. Each time somebody taps the advertisement income is shared among Google and the distributer of page where the promotion is being facilitated. (http://www.19.5degs.com/component/19344.php) Revenue is likewise gathered through Google Search Appliance, which is equipment and programming arrangement that organizations can use to actualize Google search innovation to their inward and outside data. Google keeps up a productive system of help in 14 nations with 25 deals workplaces spread out in significant areas.. Aside from offering help to existing clients there exists direct deals groups. These groups target sponsors with huge publicizing spending plans and are more in a job of relationship working than one off deals. (http://www.19.5degs.com/component/19344.php) Google has been principally perceived as organization with essential intrigue and center in the region of web content. Google had made endeavors to expand its umbrella with testing enthusiasm for different markets like radio and print distributions. This is affirmed by the way that in 2006, Google reported its first acquisition of a radio publicizing organization dMarc, which gives a mechanized framework that permits organizations to promote on radio. (Levingston, 2006) Google is making progress to join tow specialty promoting media-the web and radio. This key association of the two synergistic media streams joined with Google's capacity to enter and concentrate on the flavors of the buyers, is a strong quality of the organization. During the time spent expansion Google has likewise centered around selling commercials from his publicists in disconnected papers and magazines. They have been occupying unsold space in the paper that would ordinarily have been utilized in for

Causes and Effects of Teenage Rebellion free essay sample

Young people don’t utilize their good judgment in what’s good and bad. They all ever consider is to have a great time and fervor that lead them to nothing but bad. They despite everything demand not to adhere to their parents’ rules. This disobedience can made young people irritating. They won't tune in each word and sentences that their parents’ will say to them. Resistance will turn young people conscienceless. II. High school Rebellion As a component of their improvement into youthful grown-ups, people must build up a character autonomous from their folks or family and a limit with regards to free dynamic. They may explore different avenues regarding various jobs, practices, and belief systems as a major aspect of their procedure of building up a character. Young insubordination has been perceived inside brain science as a lot of social attributes that supplant class, culture, or race. III. Reasons for Teenage Rebellion A. Reasons of Rebelling We have to all the more likely comprehend immature formative stages to help us not accept young conduct as an individual assault on us. By getting comfortable with these stages, we will expand our ability in urging teenagers to build up their feeling of personality. Teenagers are getting ready to isolate or individuate from the family. They are building up their qualities. Adolescents must start this partition and frequently disobedience gives them the vitality to do this. An adolescent difficulties rules and qualities as a method of setting up their uniqueness. Young people can't do this in a vacuum, but instead through clash and encounter Adolescents might be impolite or ridicule guardians and other position figures and not have any desire to be with them. In a teenager’s mind, insubordination communicates self-sufficiency and says that the individual in question doesn’t need guardians in and regularly fills in as a trial of parental mindful. Because of body changes, there can be disarray about whether young people truly would like to grow up. Hormonal changes since state of mind swings set apart by mournfulness, elevated affectability, unexpected flare-ups, an expanded requirement for physical movement and wrong chuckling and laughing. Teenagers start to work out their associations with their friends to discover how they fit in. Adolescents begin identifying with the other gender in an unexpected manner in comparison to they did when they were more youthful (where there were once companionships, sentimental connections or potentially profoundly felt negative feelings may surface). Adolescents have an increased requirement for protection. Encountering security gives them another feeling of control and self-governance. They need security to test things out for themselves without parent input. Young people may feel all-ground-breaking and all-knowing while they experience fears of deficiency and disappointment. Adolescents despite everything need a grown-up to identify with, however in an unexpected route in comparison to they did when they were more youthful. B. Methods of Rebelling Teenagers have their own particular manner of revolting they drink this mixed refreshments. They smoke these terrible cigarettes, and they remaining out late. They generally attempt to stand out enough to be noticed with this, however it doesn’t do anything great. IV. Impacts of Teenage Rebellion A. Consequences of Rebelling It can result to a wrecked future. It can lead young people in an inappropriate way. Adolescents affirm freedom from their folks as they grow up on the grounds that they are attempting to be grown-up people with discrete lives from their folks. This permits them to move out of the nuclear family sometime and forestall inbreeding. As tracker finders this would permit new family gatherings and clans to grow along these lines extending the scope of the species. Presently this may imply that teenagers don’t tune in to their folks, worrying their folks and potentially captivating in dangerous practices like terrible driving, drinking, smoking, taking medications and getting explicitly dynamic. Or on the other hand they may very well not center around their school work and permit their evaluations to drop. In an increasingly positive light it additionally implies that they branch out into new territories. They may begin a band, or choose to be a draftsman, as opposed to a bookkeeper, similar to their folks need them to. These sorts of insubordination permit youngsters to discover exercises and occupations they appreciate, maybe more than the exercises empowered by their folks. B. Answer for the Problem It is critical to consider teenagers responsible for their activities. This implies making proper positive and negative outcome of ramifications for conduct and being steady with their conveyance. Be clear and straightforward with desires and leads and consistently finish. Screen your adolescents exercises deliberately. Know precisely where your high schooler is proceeding to get all subtleties. In any case, there ought to be a harmony among independence and management. Expanding measures of opportunity ought to be earned steadily. Express concern and minding as for your childs security as opposed to seeming controlling. Empower expert social high schooler conduct. Get your youngster associated with proactive youth exercises. Applause ace social conduct and demoralize your high schooler from partner with insubordinate companions. Urge youngsters to utilize their abilities and be of administration to other people. Know that you are a good example. Your young person is impacted by both your words and your activities. Be predictable with all understandings. On the off chance that there are close to home issues you are confronting, find support for them. It is typical for teenagers to attest their freedom and test limits. The objective is to be comprehension of immature turn of events and simultaneously help your adolescent comprehend that there is clear association between their activities and results. Reacting by being reliable, quiet, reassuring, and sensible will help keep up trust and regard. End I reason that everyone can experience this adolescent disobedience. It can bring or do either fortunate or unfortunate. Guardians ought not overlook this sort of conduct. It can cause an excessive amount of harm. Guardians ought not be brutal or exacting on their kin. It’s typical for young people to be testy, forceful or even furious at everything. In the event that you acknowledge that generally speaking, at that point you can pick when is the best possible chance to release it and when you ought to quietly and capably disclose to them the contrast among good and bad. The key intention in adolescent resistance is the desire to locate an appropriate spot in the more noteworthy grown-up world and feel they truly have a place there. Be that as it may, to ensure young people know the whole grown-up world they need to investigate the edges. This is the reason they favor extraordinary conduct: by acting to the outrageous, young people feel develop enough to be started in the grown-up world. However, their conduct mirrors their absence of information about good and bad and how they slowly develop through experimentation. When you get that, you have made the first, and maybe, the most significant advance into managing adolescent defiance.

Essay Writing Service - How to Pick the Best For Your Needs

Essay Writing Service - How to Pick the Best For Your NeedsA well-known essay writing service Toronto can add some intellectual attraction to your writing. The use of the internet has allowed these services to become competitive in their bids for work. If you want to be competitive you need to be as well.The types of projects that writing services will handle are much more diverse than those done by most people. They specialize in: school essays, term paper writing, college essays, research papers, web content and project-based research papers. They are in business to make a living.Finding a full service essay writer that provides comprehensive service is a good way to save money. A lot of the time, it is better to do a bit of research to find out what kinds of services are offered and whether or not they are cost effective. Often times, the prices are different and if they are not, then the service must be high priced.This is why it is important to gather as much information as poss ible before you start the whole process. Look for experienced writers that will offer very reasonable rates. Another way to ensure that you are going to be getting an excellent writer is to ask for references from previous clients.Keep in mind that not all writers are experienced. There are some that will leave you scratching your head. You want to find a writer that will be able to bring the best in your assignment to life.Once you have decided to use a service, find out how much of the work will be their doing and how much of it will be done by the company itself. They should be able to provide a budget so that you can compare prices. Sometimes there will be a fixed price but other times the rates are based on the length of the assignment.To avoid feeling overwhelmed, you want to narrow down your options. The last thing you want to do is pick a writer that you don't think is going to deliver the results you want. Determine what you want your assignment to look like before you pick a writer. Then you can ensure that you get the best from your chosen service.Online writers in Toronto can give you years of writing experience, as well as the skills that will help you get exactly what you want. It is important to note that a writing service cannot do the same things that professional writers do. It is the best way to get some of the best content you can find.

Archetypes Case Study Essay

1. Which are the paradigms does Verbeke recognize? Draw the figures related with these prime examples. Verbeke distguish between 4 kinds of originals and they are the accompanying: Centralized exporter: Home nation oversaw firm. Firm explicit favorable position in its last items. Normalized items made at home. Just the transferable firm explicit favorable circumstances are taken to the host nation, implying that they attempt to make sending out effective in worldwide markets. No advancement of area bound firm explicit focal points. Universal projector: Clones home activities into have nations. Information based firm explicit points of interest are recreated from home nation. Just the globally transferable firm explicit favorable circumstances are taken to the host nation. No improvement of area bound firm’s explicit focal points. The universal projector MNE looks for global development by anticipating its nation of origin achievement plans abroad. Universal organizer: Its primary firm explicit preferred position is that it can facilitate area points of interest (e.g., creation ability to get to rich common assets) present in various nations. Worldwide tasks are worked in explicit worth included exercises across outskirts. Utilize universally transferable firm explicit points of interest in each host nation to create area bound firm explicit favorable circumstances that fit the host nation area factors. Multi-focused MNE: Each host district builds up own area bound firm explicit focal points, just exchanges center schedules (e.g., money related administration). A lot of pioneering auxiliaries travel to another country, to gain information for future firm explicit bit of leeway advancement. Nearby adjustment is the establishment of the global technique. 2. Is there one best model? Why or why not? There is no best model in light of the fact that these models all rely upon the firm explicit focal points that an association has its capacity on, and furthermore on the host nations bid for business. Firm explicit points of interest in the home countryâ can be a triumph, yet the inquiry is if those firm explicit favorable circumstances are likewise an accomplishment in the host nation? 3. Do you consider a brought together exporter a genuine worldwide? A concentrated exporter can be a genuine worldwide in the event that it determines a fourth of its income from tasks outside of its nation of origin and furthermore on the off chance that it works in various host nations, and its oversaw by a center headquarter in the nation of origin. Warner Bros. Pictures, a significant US film studio is a worldwide which is operational through trading its movies. The majority of its income is achieved from its fares and obviously from its nation of origin the US. 4. I'm not catching it's meaning that the FSA is epitomized in the item if there should be an occurrence of a global projector? An item that has typified a firm explicit favorable position implies that the item contains in it an element that makes the organization with more prominent accomplishment than its previous rivals. This firm explicit favorable position can't be viewed as an independent segment in the association, so as to use achievement it must be viewed as a firm explicit bit of leeway inside its last item. So this firm explicit bit of leeway isn't from its activities, for example, extraordinary representative relationship, yet just through the last item. This is found in the brought together exporter. In the universal projector this isn't the situation since they reproduce their firm explicit favorable circumstances to travel to another country and use them, for example, a cutting edge innovation or mystery formula like Coca cola has one. A genuine model is Ford, which cloned its American tasks into Canada and Europe. Europe was a test for Ford because of an across the board preference against Ame rican vehicles sold in Europe. 5. Does the firm create FSAs in the host nation if there should be an occurrence of the worldwide projector? No the firm which utilizes the original of worldwide projector as a procedure doesn't grow firm explicit points of interest in the host nation, what this association do is cloning their nation of origin firm explicit favorable circumstances to the host nations, so as it were simply utilizing achievement firm explicit points of interest from home nation to the host nation. 6. For what reason is the universal organizer a case of worldwide worth chain? The universal organizer paradigm is a case of worldwide worth chain since it can facilitate diverse area advantage tasks in a wide range of topographies in a similar period. Worldwide worth chains currently contain exercises that are firmly coordinated. This implies firms and laborers in generally isolated areas influence each other more than they have previously. So for instance BP a global organizer, when there where oil slicks in the Gulf of Mexico, it out of nowhere influenced all other BP activities, in light of the fact that their marking picture was glanced in a more regrettable manner, diminishing its association notoriety. 7. For what reason is a multi-focused MNE described by most extreme neighborhood responsiveness? A multi-focused MNE is described by most extreme neighborhood responsiveness on the grounds that the establishment of a multi-focused paradigm is nearby adjustment. This neighborhood responsiveness is assessed and dissected by various pioneering auxiliaries from the association that travel to another country, with the goal that new firm explicit points of interest can be created. This recently firm explicit preferred position in the host nation will accommodate with its host clients and through those methods a decent nearby adjustment can be achieved. 8. The FSA is likewise surrounded as far as center capabilities. That is the FSA is unequivocally identified with the center abilities of a firm. What key qualities does Verbeke list for these center skills? There are 4 key attributes of center capabilities: †Be hard for contenders to emulate regarding accomplishing the necessary interior coordination and learning. †Provide potential access to a wide assortment of business sectors †Make a huge commitment to client needs. †The departure of a center fitness would have a significant negative impact on the firm’s present and future execution, regarding esteem creation. 9. What investigate does Verbeke have on the idea of center capabilities? Center capabilities are the company’s most significant FSAs: its fundamental schedules and recombination capacities. Recombination capacities are Locating assets, particularly information, as reaction to contrasts among national and outside situations, and to fulfill new stakeholders’ requests. Verbeke has a couple of scrutinizes with respect to the idea of center abilities and they are the accompanying: Core capabilities of associations in enterprises may contrast. Prahalad and Hamel don’t incorporate nation factors in their examination. Their hypothesis overestimates the job of key administration. Vital administration job is to create key design. Build up a guide for the future which distinguishes center abilities to manufacture the necessary advancements. In the opposite side their hypothesis thinks little of the job of host nation area factors. Another study from Verbeke is that center abilities are generally determined. 10. What are the five powers Porter recognizes? Clarify these in your own words. The five powers Porter recognizes is about how area favorable circumstances that influence firm intensity and firm explicit bit of leeway advancement. - Factor conditions: This is a power which is identified with creation factors, for example, capital, work, foundation, logical information, innovation. It offers improvement to dangerous issues through advancement and persistent learning. A genuine model from the book is: if there should arise an occurrence of Japan, firms in a few enterprises, for example, steel, shipbuilding and autos created mechanical and structure ability to defeat an absence of normal assets and the without a moment to spare creation process was spearheaded in light of absence of moderate warehousing space. - Demand conditions: If clients increment their interest expanding outer weights to firms, at that point it gives the firm a decent upper hand. So as to pick up this interest to clients the firm needs to develop and react to the client complexity by adjusting its innovation and configuration highlights. This is useful for future globalâ expansion, on the grounds that the firm as of now increases early bits of knowledge into future needs of clients or as such purchaser modernity. - Related and upheld ventures: High quality locally situated providers which have incredible understanding into global rivalry. These providers with great ability enhance through increasingly productive sources of info, and spill information between different providers inside the firm through trade of thoughts, and various methods of correspondence. This is incredible for universal rivalry. - Firm methodology, industry structure and contention: Domestic competition is useful for worldwide intensity. This powers firms to concentrate on firm explicit preferences advancement past their home area points of interest. This enables the firm to turn into a global opponent. So this is a well-working industry. - Government and possibility: Luck assumes a job, for instance, a fortunate development process that was for tuitously made and an important item with great innovation or procedure information was achieved. This is regularly a drawn out result. Government are the general administrations of which are not degenerate. 11. How does Porter’s model fit in figure 1.2? Where does it have a place? Doormen fit model fit in figure 1.2 in light of the fact that the model is about how to utilize area focal points to expand rivalry and power its firm to build up a firm explicit preferred position so as to go over the universal outskirt and use it as an upper hand abroad. This firm explicit favorable position can get them access into the advancement of an area bound firm explicit bit of leeway across outskirts. I think Porters model fits in the area points of interest segment at home nation triangle and afterward it moves across to the various host segments as indicated by its power. 12. What is the huge ace

Competitiveness of Banks Research Proposal - 5225 Words

Competitiveness of Banks (Research Proposal Sample) Content: Competitiveness among the banks in the United Kingdom, prior to and after the global financial crisisName of studentRegistration numberDate DECLARATIONI declare that this is my original work and has not been submitted for examination to any other institution of higher learning.Declaration by the Supervisor:This proposal has been presented for examination with my approval as the supervisor DATE SIGNATURE .. . .... DEDICATIONI dedicate this project proposal to my dear parents and my brothers and dear friends whose words and patience have been our source of encouragement and inspiration.AcknowledgementI would like to convey my thanks to everyone who gave me advice on how to go about this proposal. Special thanks goes to my supervisor for his useful advice, as well as suggestions. In addition, I would like to take this opportunity to convey my sincere appreciation and gratitude to the Almighty God for his blessings and guidance while undertak ing this whole process. He gave me good health, as well as wisdom hence enabling me to accomplish this project proposal in good time. Background of the studyCompetitivenesscan be defined as the performance, as well as the capacity of a given company, sub-sector or a nation to sell or to supply services and goods within a market, in relation to the capacity, as well as the performance of other different firms, sub-sectors or nations in similar markets ((Berger and Udell, 1990, p. 24). According to Paravisini (2008, p. 34), the term competitiveness is also applicable to markets, where it is applied when referring to the degree to which the structure of the marketmay be said to be perfectly competitive. It is worth noting that banks within the United Kingdom are capable of remaining in the market only when they are competitive enough. Peek and Rosengren (1997, p. 23) state that Competitiveness of firms is affected by a number of factors. The global economic and financial crisis signif icantly affected the business environment and this impacted on the performance of a number of business organizations globally, including the banking institutions within the United Kingdom. This paper explores the competitiveness of banks within the United Kingdom before and after the economic crisis. It also looks at some of the various strategies that can be applied by the banks within the United Kingdom in order to enhance their competitiveness. Statement of problemThe competitiveness of business organizations plays a major role in enhancing the profitability of business organizations. There are a number of ways through which the competitiveness of business organizations can be enhanced. In addition, there are a number of factors that affect the competitiveness of business organizations. The global economic crisis, to a great extent affected the performance of business organizations globally. The banking institutions within the United Kingdom were also hit by the crisis. The perfo rmances of the banks were thus affected significantly. It is worth noting that banking institutions play a major role in the economy of any nation. Their competitiveness is therefore of great concern. This study is therefore aimed at establishing the factors that influences competitiveness of banks within the United Kingdom, to establish the effects of global economic crisis on the competitiveness of banks within the United Kingdom and also to establish ways of increasing competitiveness among banks after the global economic crisis. Objectives of the studyThe broad objective of this research will be to establish the competitiveness among the banks in the United Kingdom, prior to and after the global financial crisis. The general objectives of this study will be:To find out the factors affecting competitiveness of banks within the United Kingdom.To establish the effects of global economic crisis on the competitiveness of banks within the United Kingdom To establish ways of increasin g competitiveness among banks after the global economic crisis.Research QuestionsWhich are the factors affecting competitiveness of banks within the United Kingdom?What are the effects of global economic crisis on the competitiveness of banks within the United Kingdom?What are some of the ways of increasing competitiveness among banks after the global economic crisis?Research aimThe major aim of this research will be to establish the factors affecting the competitiveness of banks within the United Kingdom prior to and after the global economic and financial crisis. It will also look at some of the causes of the global economic crisis and how it impacted on the competitiveness of banks within United Kingdom.Justification for the studyThere are a number of benefits that are generated by banking institutions to the economy of the United Kingdom. It is worth pointing out that banks, as well as other financial institutions play very critical roles through performing services that are hig hly vital to the functioning of the economy of the United Kingdom. For instance, banks safeguards, transfers, lends, and exchanges money in numerous forms. In addition, banks evaluate the creditworthiness of customers. These are very critical in shaping the economy of the United Kingdom. All of these roles have ripple effect within the economy as they help in keeping money moving. The health of the economy of the United Kingdom and the health of banks cannot be separated. The activities that are performed by banks significantly influence all the sectors of the economy of the United Kingdom. In addition, as seen through the Global Financial Crisis, UKs financial system is a foundation of the economic resilience of the nation. Additionally, the continued profitability and strength of UKs financial system depend on the robust economic growth of the country.The competitiveness of the banking institutions within the United Kingdom is therefore a matter of concern. The global economic an d financial crisis to a great extent impacted on the competitiveness of the banks within the United Kingdom. This paper, therefore seeks to establish some of the ways through which the competitiveness of the banks were affected. The study is important to a number of authorities within the United Kingdom. The information offered by the study will be highly useful in making the banking institutions within the United Kingdom to be highly competitive. In addition, it will enhance the performance of the banks and hence their competitiveness in the globally challenging business environments. In this regard, it will also enhance the economic growth f the economy of the United Kingdom. In addition, the study will also be of significance to a number of scholars because they will be able to get much information concerning the banking industry of the United Kingdom, as well as the factors that effects competitiveness of the banking institutions. This can form a basis for further studies on th e banking industry within the United Kingdom.Abstract The main purpose of this research will be to explore the competitiveness among the banks in the United Kingdom, prior to and after the global financial crisis. The specific objectives of the study will be to find out the factors affecting competitiveness of banks within the United Kingdom, to establish the effects of global economic crisis on the competitiveness of banks within the United Kingdom and to determine the ways through which banks in United Kingdom can regain their competitiveness after the global economic crisis. The theoretical literature will explore competitiveness of banks among banks in the United Kingdom before and after the global economic crisis. The research will apply descriptive research design. The target population will be banks within the United Kingdom. Introduction The impacts of the gl obal financial crisis were very severe on the banking institutions. Numerous banking institutions went bankrupt as a good number also were in distress because of their sensitivities, which are stored in balance sheets. A good number of them were also in distress because of the financial risks which were enlarged as a result of the the crisis. On the converse, certain banks slightly experienced the effects. A highly competitive banking sector is viewed to be a highly significant element of economy within market economies. The banking sector in the United Kingdom is categorized as a branch of economy, which has undergone the vital, quantity, quality, as well as dynamic changes. The processes of privatization and recapitalization, mergers, acquisitions, and international integration contributed considerably to the establishment of a modernized banking sector, as well as to the upsurge of a globally competitive environment. It is worth noting that possible instability problems of the ba nking sector are capable of generating negative effects on the development of entire economy evidenced by the financial crisis. An Overview of the European Banking System During the past decade, the banking sector of the United Kingdom witnessed substantial changes due to technological improvements such as innovative, as well as sophisticated instruments, which might have resulted into highly leveraged conditions of the market, plentiful global liquidity that appeared as a boom in the prices of commodities, integration and deregulation. In order to remain competitive, a number of banks within the United Kingdom have looked for ways of enhancing their efficiency, as well as profitability through trying to ge...

Dry Piston Vacuum Pump - Free Essay Example

Commercializing the Kunst 1600 Dry Piston Vacuum Pump © James A. Narus James C. Anderson * June 2003 * James A. Narus is Professor of Business Marketing, Babcock Graduate School of Management, Wake Forest University. James C. Anderson is the William L. Ford Distinguished Professor of Marketing and Wholesale Distribution, and Professor of Behavioral Science in Management, Kellogg Graduate School of Management, Northwestern University. He is also the Irwin Gross Distinguished ISBM Research Fellow at the Institute for the Study of Business Markets (ISBM), located at Penn State University, and Visiting Research Professor, School of Technology Management, University of Twente, the Netherlands. Please note that we prepared this case as the basis for class discussion rather than to illustrate either effective or ineffective handling of an administrative situation. We disguised all of the company names and some of the information on marketplace conditions. Send correspondence to: James A. Narus Babcock Graduate School of Management Wake Forest University Suite 150, One Morrocroft Centre 6805 Morrison Boulevard Charlotte, NC 28226-3551 USA +1. 704. 365. 6717 (telephone) jim. [emailprotected] wfu. edu (e-mail)  © 2003, James C. Anderson and James A. Narus. All rights reserved. Commercializing the Kunst 1600 Dry Piston Vacuum Pump Evan Stone, a senior product manager at Kunst Vacuum Pumps, was excited as he lifted the prototype of a dry piston vacuum pump out of its shipping carton. Management of Kunst’s new parent company, Atler GmbH, had decided to test its ability to penetrate new market segments within the United States (U. S. ). Whereas Atler marketed the 1600 under its own name as a platform product to the scientific laboratory and health care segments, Kunst would sell it as a derivative product in previously untapped application segments. The division’s vice president, Will Metz, had named Evan to head up a team charged with finding new segments for and then commercializing the 1600. Evan looked forward to the challenge. Success would bring recognition from Atler’s senior management. As he placed the steel gray device on his desk, Evan recited to Will all the product information he could recall. The Kunst 1600 Dry Piston Vacuum Pump is a fractional horsepower, injection-molded aluminum pump, with a pumping speed of 1. 6 cubic feet per minute (CFM). The pump weighs 16. 5 pounds. The Kunst 1600 is a reconfigured compressor outfitted with a screen over its input nozzle to catch contaminants. Because it is a compressor, the Kunst 1600 can run longer and cooler than conventional vacuum pumps. This enables the Kunst 1600 to function more efficiently at lower pressure levels than competing products. And, the fact that it is injection-molded means that it has fewer working parts than more traditional models. In contrast to conventional pumps, the Kunst 1600 is oil-free. Kunst will sell the 1600 to its network of wholesalers for $400, with a suggested resale price of $500. † â€Å"Will, this product along with the Kunst reputation for precision, reliability, and durability will make us the ‘Mercedes? ’of vacuum pumps in the U. S. †, Evan confidently predicted. Yet before Evan could begin to market the Kunst 1600, he had to make some critical decisions. First, Evan had to identify and target high potential market segment(s). He planned to do so by determining in which segment(s) the Kunst 1600 stood to deliver the greatest value. Evan speculated that the residential air-conditioning (AC) repair segment would offer the best opportunity. Second, Evan had to develop a value proposition for the Kunst 1600 for each segment targeted. At this point, he wasn’t sure whether to stress the fact that the pump did not require oil changes or that it had a projected lifetime of 6 years. BACKGROUND Based in Minneapolis, Kunst Vacuum Pumps is the recently acquired U. S. Di vision of Atler GmbH. During the previous fiscal year, Kunst sales soared to a 75-year record of $120 million. The firm manufactures top-end (i. e. 6 or more CFM) vacuum pumps for use in highly demanding laboratory, health care, and industrial applications. For example, in the lab, engineers rely on Kunst pumps in freeze-drying, vacuum oven, and distillation processes. In high tech industries, operations personnel employ Kunst pumps in the production of cathode ray tubes and computer chips. From a technical standpoint, Kunst pumps provide a â€Å"deeper draw† (i. e. , they can evacuate chambers down to almost a perfect vacuum) and are more efficient at lower pressure levels than competing models. Scientists, engineers, and health care professionals highly regard the Kunst brand name. Not surprisingly, Kunst holds a 60% market share in laboratory, health care, and industrial applications. Kunst Vacuum Pumps’ parent firm, Atler GmbH, is headquartered in Frankfurt, Ger many. Last year, Atler revenues exceeded â‚ ¬ 5 billion. Founded in 1875, Atler produces diversified lines of high-quality and high-precision measurement instruments, testing equipment, compressors, and monitoring devices for hospitals and scientific laboratories. The firm has a reputation in Europe for its scientific discovery prowess, its reliable and accurate products, and its competent technical service. Atler acquired Kunst the previous year in order to penetrate new segments in the U. S. market. Importantly, Atler management believed that Kunst product lines and market segments were complementary to their own (e. g. , compressors and pumps rely on similar technologies) and that Kunst shared Atler’s commitment to superior craftsmanship. As a test case, they requested that Kunst take a 1. 6 CFM compressor, reconfigure it as a vacuum pump, and market it under the Kunst brand name to previously untapped market segments. If this approach was successful, Atler would beg in to transfer a broad range of products to Kunst for marketing. On the other hand, failure might cause Atler management to doubt the wisdom of the Kunst acquisition. Evan and Will saw this as a golden opportunity for Kunst to grow sales and profits by penetrating new market segments, such as AC and refrigerator repairs. As contrasted with existing Kunst segments, technicians used vacuum pumps in these applications to â€Å"dehydrate† a refrigerant system during repairs. Rather than â€Å"sucking out† moisture from coils, valves, and motors, a vacuum pump actually lowered the pressure of the system so that water particles would â€Å"boil off† and then be exhausted. The process had three major benefits. First, it eliminated water droplets that could freeze into ice crystals. The accumulation of ice retards the flow of refrigerants, ultimately slowing and stopping the cooling process. Second, moisture over time combines with refrigerants to form hydrochlori c and hydrofluoric acids. These acids quickly corrode copper coils, valves, and motors. Vacuuming vaporizes these acids. In a traditional vacuum pump, system oil traps the acids. When a technician changes the oil, he or she removes these acids. In an oil-free pump like the Kunst 1600, the acid vapors are directly exhausted into the atmosphere. Third, vacuuming indicates whether or not there is a leak in the system. If a technician cannot draw down the pressure of a system, then there is a high probability that there is a crack, often small in size, in a coil or valve. Cracked coils are perhaps the most common cause of AC and refrigeration system failure. In deciding what size of vacuum pump is needed for a given repair job, residential AC and refrigerator repair contractors adhere to an industry heuristic known as the Rule of Seven that links vacuum pump and refrigeration system capacities. The rule specifies that pump â€Å"CFM times seven† yields the maximum refrigera tion system capacity (in tons of air) on which a given vacuum pump should be used. In this way, the rule of seven provides rough demarcations for market segments. For example, experts recommend a 1-1. 5 CFM pump for home and light commercial refrigerator repairs (e. g. , small restaurants, bakeries, and ice cream shops). For residential AC repairs, technicians suggest a 3-4 CFM pump. In his preliminary investigations, though, Evan was unable to find any documented scientific support for the rule. Market research indicates that the annual U. S. sales potential for vacuum pumps in each of these market segments to be as follows: home refrigerator repairs (60,000 units), light commercial refrigerator repairs (40,000 units), and residential AC repairs (125,000 units). About 15 vacuum pump manufacturers actively pursue business in these segments. Most firms are small in size (i. e. , less than $50 million in annual sales) and limit their efforts to one or two market segments. In recent years, several German and Japanese manufacturers have entered the U. S. arketplace. The leading producers of 1-6 CFM vacuum pumps include AirMaster, Pump Wizard, Toledo Pump and Valve, and Vacuum Technologies. Pictures of the Kunst 1600 and AirMaster vacuum pumps appear in Exhibit 1. Manufacturers use heating, ventilation and AC (HVAC) wholesalers to reach residential AC firms, and AC and refrigeration (AR) wholesalers to sell to refrigerator repair firms. MARKET RESEARCH STUDY In order to prepare for the introduction of the Kunst 1600 and acquaint himself with new applications segments, Evan decided to initiate a market research study. He began by summarizing his initial beliefs about the marketplace. Evan was certain that the research would validate them. †¢I feel confident that the residential AC repair market offers the greatest opportunity for the Kunst 1600. Annual sales have topped 125,000 units and are growing at 15% per year as the population expands, particularly to the â€Å"Sun Belt. † Furthermore, I predict that AC contractors stand to gain the greatest value from the Kunst 1600. †¢Although most residential AC contractors use anywhere from 3 to 6 CFM vacuum pumps for repairs, I believe that we can make a convincing argument for the Kunst 1600. Most AC system nozzles and vacuum pump hoses are one-quarter inch in diameter. At that diameter, â€Å"resistance† retards the vacuuming process to the point where a 1. 6 CFM pump takes about the same length of time to evacuate a system as does a 6 CFM pump. †¢The most important benefit that the Kunst 1600 provides in all potential market segments is that technicians will not have to change the oil! All vacuum pump manuals recommend that technicians change the oil after each repair job. Each oil change typically takes a quart. At $8 per quart for specialty oil, that can be quite costly on an annual basis. Furthermore, it takes a technician around 30 minutes to change th e oil on a 3 CFM pump. Given that the typical AC repair technician is paid a rate of $30 per hour, the labor costs associated with changing oil must be staggering. †¢Changing oil is a messy nuisance for every technician. Each time a repair technician has to clean up this oily mess, he or she uses $. 50 worth of a solvent-based scouring soap and $. 15 of a specialized cloth-fiber based towel. †¢To protect the environment, most U. S. ities require proper disposal and recycling of all oil-based liquids. The average charge for recycling used oil is around $5 per gallon. †¢The Kunst 1600 is made from injection-molded aluminum. It won’t rust like vacuum pumps made of steel. Furthermore, the Kunst 1600 has far fewer internal parts than competitive models. I predict that the Kunst 1600 will take more physical abuse (e. g. , being tossed into trucks and getting rained on) and be far more durable than traditional vacuum pumps. Our research engineers tell me that it shoul d last at least 6 years in the field. Because it is constructed from aluminum, the Kunst 1600 will weigh 5 to 10 pounds less than competing products. Technicians will appreciate the weight savings. †¢Potential customers will be willing to pay a price premium to obtain a vacuum pump with the Kunst brand name on it. In order to gain â€Å"hands on† experience in these markets, Evan decided to test his beliefs with an extensive research study. The study would feature a series of 2 focus groups with AC and refrigerator repair firm owners or managers and field in-depth interviews with several repair technicians in each of three cities. A private marketing research firm would run the focus groups in Philadelphia, Atlanta, and Los Angeles. Evan selected these cities to reflect differing regional repair environments across the U. S. In each of the focus groups, participants would get the opportunity to examine the Kunst 1600 prototype and product literature. Evan planned to s pend a day with each repair technician making repair calls. On each job site, Evan would encourage the repair technician to run a â€Å"side-by-side† test of the Kunst 1600 and their own pump. If other segments emerged, Evan would repeat the process for each. RESEARCH FINDINGS When the research had been completed, Evan reviewed the major findings with division vice president, Will Metz. â€Å"Will, the most important thing that I discovered is that AC and refrigerator repair is an art that technicians practice rather than a science that engineers meticulously execute. Many repair technicians have never completed rigorous training programs and few states certify technicians. Personal opinions, preferences, and ‘rules of thumb’ dictate how repair work is completed. Let’s review the research findings. † Residential AC Repair Segment The size of the AC repair firms participating in the research study ranged from single owner-operators who worked o ut of the backs of their pick-up or panel trucks to operations that employed 25 technicians and maintain 15 trucks in the field. On average, participating firms had three trucks. Contractors assigned one vacuum pump per truck and kept one or two extra pumps back at the office in case of pump failure. All residential repair contractors owned vacuum pumps between 3 and 6 CFM in capacity. The 3 CFM models were the most popular. They reported that 3 CFM vacuum pumps sell for around $250 while 6 CFM pumps cost about $320. Participants estimated that a pump typically lasts 5 years. Participants report that AC repair work is highly seasonal, lasting for about 20 weeks between late April and early September. In the Southern U. S. the season is longer and in the Northern states shorter. The typical repair technician completes 10 jobs a day, 5 days a week, for an average of 1000 jobs per season. In the peak of the season, they may work seven days a week. Job revenue and completion time var ies widely; however, the average revenue per job is $350 with a net profit before taxes of $70. The typical job takes about an hour to complete. Contractors pay repair technicians an average of $30 per hour. Because technicians had to carry the pumps to unusual locations at job sites, they felt that the lighter the pump the better. They stated that the typical 6 CFM pump weighed around 30 pounds and the typical 3 CFM pump 20 pounds. They thought it was great that the aluminum body of the Kunst 1600 made it lighter than competitive models, however, they wondered if the aluminum would make it more vulnerable to breakage. Others thought that the acids exhausted from the Kunst 1600 would accumulate causing the aluminum housing to corrode rapidly. Focus group and field interviews confirmed that a vacuum pump is used for around 30 minutes in the typical repair job. Technicians maintained pumping time is not â€Å"idle† time in that they use it to complete other repair tasks, load equipment on their trucks, write up customer invoices, and develop a personal relationship with the homeowner. Thus, reducing vacuuming time would not necessarily reduce total job time. Additionally, technicians stated that vacuum pumps rarely failed on the job and if they did, they would radio the office and a manager would drive another pump out to the job site. Lost time due to pump failure was seen as negligible. The focus groups and interviews revealed that owners and technicians were not concerned about vacuuming precision. In the words of one technician, â€Å"As long as the needle on the pressure gauge is close to zero, I feel that I’ve done a reasonable job. † They also asserted that even if a technician failed to draw pressure down to an acceptable level, that the AC system would probably work acceptably for a few more months if not the entire cooling season. When the system broke down again, no one would be able to link the failure to a poor vacuum p umping job. Evan was surprised to learn that most repair firm owners considered vacuum pumps to be â€Å"disposable operating supplies†. Many did not even keep track of pump purchases. As one owner put it, â€Å"At $250 apiece, a vacuum pump is equivalent to the revenue from one repair job. † Another operator put it this way. â€Å"If a pump lasts 5 years and my repair person uses it to complete 5000 jobs, then a 3 CFM vacuum pump costs me around $. 05 per job while a 6 CFM pump costs $. 06. Frankly, I’m more concerned about having to pay $30 per hour for labor. And, I can’t find enough trained repair persons at that wage to keep up with all the jobs I have coming in! † Discussion of oil changes yielded contradictory and confusing results. Owners and technicians alike agreed that vacuum pump instructions called for oil to be changed after every job. However, to a person they stated that changing oil that frequently was unnecessary and that in fact, no one ever did. Instead, they estimated that the average technician changed the oil once a week. Some technicians even claimed to change the oil only once a season. At this point, disagreements between owners and technicians surfaced. Owners contended that it was the responsibility of each technician to check his or her equipment out each day and make sure it was in good operating order. However, they emphatically stated that they would never pay someone $30 per hour to change the oil. Instead, owners felt that the technicians should do the work â€Å"on their own time†. If worse came to worse, owners said they would assign the task to a part-time, maintenance worker ($12. 00 per hour). The contractors agreed that $8 per quart of oil, $. 0 for scouring soap, and $. 15 for towels were reasonable estimates. Repair technicians saw changing the oil as a â€Å"dirty little job†. It took about 30 minutes to complete. Many felt that it was up to the owners to get t he oil changed. As one technician put it, â€Å"I show up for work each day on time and do first rate work. It’s up to the owner to provide equipment and tools in good working order. They should have the oil changed for me. † Technicians said that when they did change the oil they used about one quart of oil for 3-6 CFM pumps. They agreed that they used plenty of soap and paper towels cleaning up the mess after an oil change. Most residential AC repair firms contracted with disposal firms to recycle oil. Importantly, the fact that the Kunst 1600 did not require oil and oil changes caught and sustained both owner and technician interest. That is, until either the focus group moderator or Evan informed them that the Kunst 1600 had a 1. 6 CFM rating. Citing the Rule of Seven for support, every participant stated that the Kunst 1600 was â€Å"too small† to handle residential AC repair jobs. The typical technician commented, â€Å"It would take me 2-3 hours to complete a job with a 1. 6 CFM pump. If I wanted to get done in a half hour, I would have to use 3-4 of them simultaneously. † When informed that the quarter inch nozzle on most AC systems would create resistance and equate the time it took a 1. 6 CFM and a 6 CFM pump to evacuate a system, none of the focus group participants were convinced. In the words of one contractor, â€Å"This runs counter to my 25 years of experience, not to mention the Rule of Seven. No one in the industry will believe you. To Evan’s further disappointment, the side-by-side tests of his resistance theory proved to be inconclusive. Study respondents identified Pump Wizard as the top brand in the industry for over 40 years. They volunteered the fact that Pump Wizard had designed its vacuum pumps exclusively for the residential AC repair marketplace. No one expressed any dissatisfaction with any aspect of Pump Wizard vacuum pumps. Participants said that AirMaster and Vacuum Technologies currentl y offered competitive models of equal quality. All three firms priced their 3 CFM pumps at around $250 and their 6 CFM pumps at $320. When the moderator or Evan showed study participants the prototype of the Kunst 1600, they universally stated, â€Å"Why this doesn’t look like a vacuum pump at all. † In fact, most competing models resembled hand-held vacuum cleaners that most families had around the house. And, when asked what their overall opinion of the Kunst brand was, the vast majority of respondents said that they had never heard of the name. Participants overwhelmingly concluded, â€Å"This pump would be better suited for home and light commercial refrigerator repairs. † Home and Light Commercial Refrigerator Repair Segments Following up on the residential AC participants’ suggestion, Evan repeated the market research procedure for the home and light commercial repair segments. He gathered the following information. An individual owner-operato r runs the typical home or light commercial refrigerator repair firm, working out of the back of a pick-up or panel truck. Firms tend to specialize in either home or light commercial repairs. Larger firms that do contract work for appliance retailer chains may have up to 15 repair technicians working for them. A refrigerator repair technician uses a 1 to 1. 5 CFM vacuum pump. Participants in the study thought that a 1 to 1. 5 CFM pump might have a five-year lifetime. On home refrigerator jobs, technicians typically use a 1 CFM vacuum pump for around 15 minutes. Participants did not see any benefit to reducing this meager amount of vacuuming time. Home repairs generate an average of $90 in revenue, with a net profit before taxes of $10. The typical technician completes 7 jobs a day. Work is spread out evenly across the year. Repair firms pay technicians about $15 per hour. Light commercial work might entail fixing a refrigerated dessert carousel at a restaurant or a refrigerate d display case at a bakery or ice cream shop. Each job brings in an average of $200 in revenue, with a net profit before taxes of $30. Technicians do about 5 jobs per day and receive $24 per hour in wages. Light commercial work occurs throughout the year; however, emergency repairs skyrocket during the summer and there are often more jobs available than a given repair firm can handle. A light commercial refrigerator-repair technician typically uses a 1. CFM vacuum pump for 30 minutes. Repair firm owners consider this to be â€Å"idle time† as there are fewer tasks to perform in refrigerator repairs and technicians must complete them sequentially. In this application, Evan’s side-by-side tests revealed an unexpected finding. The Kunst 1600’s ability to work more efficiently at lower pressure levels enabled technicians to reduce vacuuming time by 10 minutes on the typical job. During the 12 hectic weeks of summer, technicians would be able to convert the time save d into revenue by completing at least two more jobs per week. Home and light commercial refrigerator-repair technicians change the oil on their vacuum pumps typically once a month. They use one pint or $4 of oil per change. As most of these firms are owner-operated out of the back of a pick-up or panel truck, they find changing oil to be an annoyance. On average it takes a technician 30 minutes to change the oil on a 1 to 1. 5 CFM pump. Technicians change the oil during working hours between jobs. Participants found the $. 50 cost of scouring soap and $. 15 of towels per clean-up to be reasonable estimates. Due to their small size, refrigerator repair firms rarely contract with oil disposal firms and are more likely to pay the $5 per gallon disposal charge at municipal recycling centers. Allegedly, refrigerator repair technicians are more likely to â€Å"toss used oil in deserted dumpsters† than counterparts in other segments. Evan noted that the fines for dumping a gal lon of oil average around $150 for the individual plus $2000 for his or her company. According to an environmental action committee study, only about 10% of these violators are caught and successfully prosecuted. Respondents named AirMaster as the number one brand of 1 to 1. 5 CFM pumps. An AirMaster 1 CFM pump costs $150 and weighs 10 pounds and a 1. 5 CFM pump $200 and 15 pounds. None of the refrigerator owners or technicians was familiar with the Kunst brand. Resolving an Inconsistency in the Findings Evan was perplexed by one major inconsistency in market research findings. If respondent predictions of vacuum pump lifetimes were correct, annual sales of vacuum pumps would never be so high. To resolve this discrepancy, Evan interviewed 9 managers from HVAC and AR wholesalers that market vacuum pumps. According to wholesaler managers, most repair firms do not keep track of their vacuum pump purchases and overestimate pump lifetime. On the other hand, wholesaler managers clai med that they meticulously tracked customer firm purchases via their electronic point-of-sale systems. They stated that with â€Å"reasonable care† and frequent oil changes a 3-6 CFM vacuum pump used in residential AC repair work might last an average of 2. 5 years. A 1 CFM pump used in home refrigerator repair lasts about 3 years. And, a 1. CFM vacuum pump employed in light commercial refrigerator repairs lasts about 2 years. However, as one wholesaler manager sagely observed, â€Å"Many repair technicians do not take good care of their pumps and change the oil as often as they should. Acid build up corrodes internal parts and physical abuse causes the pumps to fail prematurely. But hey, that’s fine with me – I get to sell more pumps! † CONCLUSION â€Å"Those are the major findings, Will,† Evan said. â€Å"The market research certainly hasn’t supported my initial beliefs, yet there still may be an opportunity for the Kunst 1600. Given w hat we know now, what segment(s) do you think we should target? † As for devising a value proposition, Evan thought that one contractor’s comment summed up the challenge, â€Å"If you can’t show me how your vacuum pump is going to increase the number of jobs I can do per week or cut my operating costs, I don’t want to hear about it! † As he stared at the minimalist painting of a windmill on his office wall, Evan wondered how he could best convey the superior value of the Kunst 1600 to targeted prospective customers. DISCUSSION QUESTIONS 1. What are the major, quantifiable value and price elements associated with the Kunst 1600? 2. What additional value placeholders, elements not presently quantified, merit consideration in your value model? 3. Construct a customer value model for the Kunst 1600 in the residential AC, home refrigerator, and light commercial refrigerator repair market segments. 4. Using your value model, select a target market segm ent(s) for commercialization efforts. Justify your choice. 5. Write a value proposition for the Kunst 1600 for the target market(s).

The Cyanamid test - Free Essay Example

Sample details Pages: 5 Words: 1562 Downloads: 1 Date added: 2017/06/26 Category Law Essay Did you like this example? Introduction Interim (a.k.a. interlocutory) prohibitory injunction is a court order that forbids the person it is addressed to do something. It is an equitable remedy and is awarded at the discretion of the court. Don’t waste time! Our writers will create an original "The Cyanamid test" essay for you Create order The famous guidelines for granting the interim injunctions by the court were introduced by Lord Diplock in the case of American Cyanamid Co v Ethicon Ltd[1] (hereinafter the Cyanamid test). The above case concerned the claimant, a US company marketing synthetic surgical sutures, which was finally granted an injunction by the House of Lords to restrain the defendant, an English company, which invented a similar product, from infringing its patent rights. This work aims to analyse the argument that the Cyanamid test is too rigid prompting the courts to create a number of exceptions. The Cyanamid test Lord Diplock introduced the following elements of the Cyanamid test to be satisfied in order for the court to grant interim prohibitory injunction[2]: Serious questions to be tried Firstly, the claimant is required to show to the court that its claim has substance, i.e. that it is à ¢Ã¢â€š ¬Ã…“an issue for which there is some supporting material and the outcome of which is uncertainà ¢Ã¢â€š ¬Ã‚ [3] rather than a frivolous claim[4]. Adequacy of damages If the first element is satisfied, the court will then look into whether the damages awarded to the claimant or to the defendant, if the latter wins, are adequate to do justice (Garden Cottage Foods Ltd Milk Marketing Board[5]). Where damage is hard to quantify or in the case of irreparable harm, the injunction is likely to be granted (Allen v Jambo Holdings Ltd[6]). Balance of convenience If there are any doubts regarding the adequacy of damages, the balance of convenience will be looked at by the court à ¢Ã¢â€š ¬Ã…“balancingà ¢Ã¢â€š ¬Ã‚  all other issues specific to the case. Subsequent treatment of the Cyanamid test The decision in the Cyanamid case caused some turbulence in the subsequent court decision making. However, before proceeding with analysis of the same, it is essential to note that the Cyanamid test comes into a conflict with earlier Beecham Group Ltd Bristol Laboratories Pty Ltd[7], where the court emphasised that for the injunction to be granted, firstly, the claimant must establish à ¢Ã¢â€š ¬Ã…“prima facie caseà ¢Ã¢â€š ¬Ã‚ , i.e. that the claimant is actually entitled to the right he is claiming and, secondly, the proof of the probability of success was required, which is overall a much tougher test to satisfy than the Cyanamid test. Subsequently, the Cyanamid test was closely followed by the courts in a number of cases, such as Alfred Dunhill Ltd v Sunoptics[8], where Browne LJ stated that Lord Diplockà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision was binding and that the Cyanamid test should be followed. The court in Thomas Marshall (Exports) Ltd v Guinle[9] followed the Cyanamid test as well, but nonetheless noted that there are some cases where the needs of the parties and justice dictate a more comprehensive hearing with Beecham style test applied. When analyzing the Lord Diplockà ¢Ã¢â€š ¬Ã¢â€ž ¢s rationale behind the Cyanamid test it appears that he tried to ensure the speedy review of the injunction applications and to prevent the occurrence of unnecessary à ¢Ã¢â€š ¬Ã…“mini-trialsà ¢Ã¢â€š ¬Ã‚  burdening the court system (Series 5 Software Ltd v Clarke[10]). Some commentators argue that he went too far in setting out very precise rules on assessing the strength of partiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ cases, the potential harm to the parties despite alternative legal resorts and availability of undertakings in relation to payments of damages, which was limiting the exercise of the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s discretion to do justice[11]. In order to ensure the equitable treatment of all cases, courts tended either to side-step the Cyanamid test or create exceptions to it. It was distinguished in Bryanston Finance Ltd v de Vries (No 2)[12] by the Court of Appeal, which decided that the Cyanamid test was inapplicable to injunction application to prevent presentation of winding up petition. Keay in his article[13] provides a number of further examples of exceptions, such as cases where fraud is involved (Alfred Dunhill Ltd v Sunoptics[14]) and those relating to the right to publish an article or the transmission of a television programme where time is of the essence (Cambridge Nutrition Ltd v BBC[15]), mandatory injunctions applications (De Falco v Crawley BC[16]) and employment and industrial disputes (Attorney-General v Punch Ltd[17]). Interestingly, one of the exceptions was introduced by Lord Diplo ck himself in NWL Ltd v Woods[18] where he accepted that the Cyanamid test should not be adhered to if the interim hearing was going to be decisive and final. This is a very important exception as Lord Denning M.R. in Fellowes Son v Fisher[19] mentioned that à ¢Ã¢â€š ¬Ã…“after a decision on an interim injunction application the matter goes no further in 99 out of 100 casesà ¢Ã¢â€š ¬Ã‚  [20]. Besides the exceptions, it appears that the courts in some cases felt that the à ¢Ã¢â€š ¬Ã…“prima facieà ¢Ã¢â€š ¬Ã‚  test worked better and in Fellowes Son v Fisher[21] Browne LJ was particularly concerned that it was not possible to consider the balance of convenience fairly and equitably without taking into account the merits of the case[22]. On another note, Meagher argued that it is doubtful that the damages can actually be adequate in cases where the remedy of injunction is sought[23]. Indeed, the injunction is generally applied for in specific, sometimes extreme, cases to prevent the applicantà ¢Ã¢â€š ¬Ã¢â€ž ¢s potential hardship, undermining of its reputation, loss of its customersà ¢Ã¢â€š ¬Ã¢â€ž ¢ trust or loss of its business relationships and it is hard to imagine how the damages can be adequate if any of the above happens. Again, this should all be left to the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s discretion in order to allow it to do what is just and equitable. Recent considerations Since the introduction of the Civil Procedure Rules and the ensuing change of approach towards the case management, it is claimed that the Cyanamid test is not as critical as it once was, mainly because the Rules place, among other things, greater emphasis on identifying and resolving issues likely to go to hearing as early as possible[24]. In addition, following the implementation of the Human Rights Act 1998, the court in Cream Holdings Ltd v Chumki Bannerjee The Liverpool Daily Post Echo Ltd[25] held that the Cyanamid test is no longer applicable to injunction a pplication relating to the freedom of expression[26]. Conclusion The Cyanamid test is a good example of the battle happening in the courts on the most equitable methods to be used to decide the interim injunctionà ¢Ã¢â€š ¬Ã¢â€ž ¢s application, which are generally either on the merits of the case (the prima facie case) or on the balance of convenience (the serious question). It was argued that some bits of the Cyanamid test were considered too rigid and limiting the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s discretion in doing justice. As a result, whilst the Cyanamid test was acknowledged and in some cases followed by the courts, it has been frequently either avoided or subject to various exceptions, altogether with ensuing criticism and academic debate. Following the introduction of the Civil Procedure Rules, the Cyanamid test seem to have lost its edge and the Human Rights Act 1998 disapplied its application to the cases involving freedom of expression. However, at the end of the day, the Cyanamid test should not be treated à ¢Ã¢â€š ¬Ã…“as rules but only as guidelinesà ¢Ã¢â€š ¬Ã‚ [27]. As such, they seek to bring more flexibility rather than limit the discretion given to the court by equity (R v Secretary of State for Transport, ex parte Factortame Ltd[28]). Bibliography Meagher R et al, Equity à ¢Ã¢â€š ¬Ã¢â‚¬Å" Doctrines Remedies, 4th ed., LexisNexis Butterworths, Charswood, 2002 McGhee J, Snellà ¢Ã¢â€š ¬Ã¢â€ž ¢s Equity, 31st ed., Sweet Maxwell, London, 2005 Spry I, The Principles of Equitable Remedies: Specific Performance, Injunctions, Rectification and Equitable Damages, 7th ed., Sweet Maxwell, London, 2007 Cumming G, The Use of English Civil Procedure in order to Enforce European Competition Law, Civil Justice Quarterly, 25, 2006, 99-112 Keay A, Whither American Cyanamid?: Interim Injunctions in the 21st Century, Civil Justice Quarterly, 23, 2004, 133-151 1 Footnotes [1] [1975] AC 396 [2] American Cyanamid Co v Ethicon Ltd [1975] AC 396, at 408, per Lord Diplock [3] Cayne v Global Natural Resources Plc [1984] 1 All ER 225 [4] Meagher R et al, Equity à ¢Ã¢â€š ¬Ã¢â‚¬Å" Doctrines Remedies, 4th ed., LexisNexis Butterworths, Charswood, 2002, p.779 [5] [1984] AC 130 [6] [1980] 1 WLR 1252 [7] (1968) 118 CLR 618 [8] [1979] F.S.R. 337, at 365 [9] [1979] F.S.R. 208 [10] [1996] 1 All E.R. 853 [11] Spry I, The Principles of Equitable Remedies: Specific Performance, Injunctions, Rectification and Equitable Damages, 7th ed., Sweet Maxwell, London, 2007, p.466 [12] [1976] Ch 63 [13] Keay A, Whither American Cyanamid?: Interim Injunctions in the 21st Century, Civil Justice Quarterly, 23, 2004, 133-151, p.139 [14] [1979] F.S.R. 337 at 363 [15] [1990] 3 All E.R. 523 at 534 [16] [1980] 1 Q.B. 460, CA [17] [2003] 1 A.C. 1046 [18] [1979] 1 W.L.R. 1294 at 1306 [19] [1976] Q.B. 122 [20] ibid, at 133 [21] [1976] QB 122 [22] ibid, p.139 [23] Meagher R et al, Equity à ¢Ã¢â€š ¬Ã¢â‚¬Å" Doctrines Remedies, 4th ed., LexisNexis Butterworths, Charswood, 2002, p.780 [24] Keay A, Whither American Cyanamid?: Interim Injunctions in the 21st Century, Civil Justice Quarterly, 23, 2004, 133-151, p.151 [25] [2003] 2 All E.R. 318 [26] This is because s.12 of the Human Rights Act 1998, which incorporated the European Convention on Human Rights into English law, provides that no relief, including injunction, restraining the freedom of expression à ¢Ã¢â€š ¬Ã…“is to be granted so as to restrain the publication before trial unless the court is satisfied that the applicant is likely to establish that publication should be allowedà ¢Ã¢â€š ¬Ã‚ . In these circumstances, the Cyanamid test would be unsuitable (Cumming G, The Use of English Civil Procedure in order to Enforce European Competition Law, Civil Justice Quarterly, 25, 2006, 99-112, p.107 ). [27] Cayne v Global Natural Resourc es plc [1984] 1 All ER 225 at 237 [28] [1991] 1 AC 396