Concentration of entrepreneurs on the pharmaceutical market: selected issues

2018 ◽  
Vol 5 (2) ◽  
pp. 257
Author(s):  
Joanna Magdalena CZESAK-STARŻYK
Keyword(s):  
Consumer Protection ◽  
Legal Status ◽  
Design Research ◽  
Pharmaceutical Market ◽  
Consumer Protection Act ◽  
The Subject ◽  
The Common ◽  
The Difference ◽  
Limited Service ◽  
Selection Of

Aim:The article has been selected due to the need to determine the legal basis for the consolidation of entrepreneurs on the pharmaceutical market and to identify the difference from the common pattern established by the regulations set forth in the Competition and Consumer Protection Act dated 16 February 2007. The selection of an enactment (the Competition and Consumer Protection Act or the Pharmaceutical Law Act) as the appropriate basis for ruling shapes the legal status of an entrepreneur on the pharmaceutical market, in particular with respect to selecting specific remedies. Design / Research methods:The text of enactments was analyzed using mainly the linguistic method. The aim of the analyzed regulations and the system of values protected by law were also investigated. Conclusions / findings:The regulations concerning anti-competition consolidation on the pharmaceutical market set forth in the Pharmaceutical Law Acta are lex specialis with respect to solutions adopted in the Competition and Consumer Protection Act (this applies only to issuing a permit for running a retail pharmacy and a limited service pharmacy). These regulations are related with respect to content but, simultaneously, they differ with respect to the adopted consolidation criteria (qualitative criterion: the Competition and Consumer Protection Act, and quantitative criterion: the Pharmaceutical Law Act). The regulations set forth in the Competition and Consumer Protection Act apply also to consolidation on the pharmaceutical market since the obligation to report a consolidation intent is not specific to the industry in which the consolidation takes place. It means that President of the Office of Competition and Consumer Protection is competent to study the consolidation status and issue decisions related to consolidation on the pharmaceutical market, and entrepreneurs can appeal from the President’s decisions to the Regional Court in Warsaw. Originality / value of the article:The approach presented is not present in the current literature which is the main value of the article. The subject matter of the article can be interesting for entrepreneurs present on the pharmaceutical market and law practitioners.

scholarly journals Definition of actors of administrative and legal support of information security in the customs area

2020 ◽  
Vol 3 (3) ◽  
pp. 294-299
Author(s):  
Turhut Salayev
Keyword(s):  
Information Security ◽  
Local Governments ◽  
Legal Status ◽  
General Information ◽  
Legal Doctrine ◽  
Theoretical Understanding ◽  
The Subject ◽  
The Difference ◽  
Definition Of ◽  
Broad Approach

The article deals with scientific and theoretical understanding and the provision of the definition of the category "actors of administrative and legal support of information security in the customs area". The author has disclosed and analyzed the provisions of the administrative and legal doctrine of the above questio, besides, the problematic issues of the definition of "subjects of administrative and legal support of information security in the customs sphere" are identified, andthe necessity of distinguishing this concept from other related concepts and categories is defined. Disclosing issues of actors of administrative and legal support of information security in the cus-toms sphere, it is necessary to avoid substitution of concepts and clearly understand the difference between the concepts of "institutional mechanism of administrative and legal support of information security in customs" and "state mechanism of administrative and legal support of information security in the customs sphere "from the concept of" subjects of administrative and legal support of information security in the customs sphere ". After all, the concept that is the subject of our study, of all the above, has the most comprehensive and broad scope and meaning. That is why, disclosing a set of subjects of administrative and legal support of information security in the customs sphere, it is advisable to apply a broad approach to understanding this category, given that among such subjects must be considered non-state subjects. objects - local governments, public organizations, etc. Because without their activities such a list will not be complete, and the mechanism of administrative and legal support of information security in the customs sphere will not be such that covers all possible spheres of public life and methods of information security. The current general information and administrative legislation, as well as special legislation gov-erning the procedure of customs, is considered in order to more clearly disclose the features and legal status of the actors of administrative and legal support of information security in the customs area. Each of these entities plays an appropriate role and occupies the necessary place in the system of national security of Ukraine, information security of Ukraine in general and information security in the customs area in particular. This role can be described as the implementation of general control over information security in the customs area, as well as taking measures to respond to violations of information legislation and the emergence of threats to information in the customs area within the powers defined by law. At the same time, the administrative and legal provision of information security is carried out directly by the customs authorities.

scholarly journals THE CONSUMER PROTECTION ACT AND THE INNKEEPER’S LIABILITY FOR THE PROPERTY OF THE GUEST

Obiter ◽  
2017 ◽  
Vol 38 (3) ◽  
Author(s):  
Mark Tait
Keyword(s):  
Consumer Protection ◽  
Strict Liability ◽  
Consumer Contract ◽  
Media Report ◽  
Advance Reservations ◽  
Consumer Protection Act ◽  
Bed And Breakfast ◽  
The Common ◽  
The Impact ◽  
The Relationship

Literally thousands of consumer agreements are concluded every day between innkeepers and their guests. For present purposes an innkeeper is understood to be a supplier of accommodation services and, in turn, implies the proprietor of an accommodation establishment, such as a hotel, lodge and bed and breakfast establishment. It is unfortunately not uncommon that property of some consumers of accommodation services are damaged or lost through theft or other causes whilst making use of these services. As an example may serve a media report where the Daily Dispatch reported on an incident stemming from an alleged theft by employees of the Kariega Game Reserve from guests at the Reserve. This perennial problem raises the issue as to the liability of the supplier for loss of or damage to the property of the consumer whilst the latter is making use of the accommodation services of the supplier. In the praetorian edict de nautius, cauponibus et stabulariis the common law provides a specific solution as to the liability of the supplier. The edict, which is a consequence of the contract for accommodation services between the supplier and the consumer of those services, imposes strict liability on the supplier for loss of, or damage to, the property of the consumer. This protection, however, is largely negated by the general practice of expressly excluding the liability imposed by the edict in the consumer agreement between the parties.The introduction of the Consumer Protection Act 68 of 2008 (CPA) saw a number of specific provisions impacting the relationship between consumer and supplier of accommodation services – such as provisions pertaining to equality (s 8 and 9); privacy (s 11 and 12); cancellation of advance reservations (s 17); and customer loyalty programmes (s 35), to name but a few.The CPA also has implications for the supplier of accommodation services when it comes to the supplier’s liability for the loss of, or damage to, the property of the consumer. This note focuses on two particular aspects. The first considers briefly the impact of the Act on clauses excluding the liability of the supplier for loss or damage to the consumer’s property. Provisions of the CPA regulating the use of clauses excluding liability may therefore have relevance for the praetorian edict, as the protection provided by the edict is excluded as a standard practice, as stated. The edict, because of the impact of the CPA, therefore may resume its relevance of earlier years.The second aspect pertains specifically to section 65(2) of the CPA. This provision imposes a duty on suppliers in general to account for the property of the consumer when such property is in possession of the supplier. As a matter of course guests bring property into the accommodation establishment of the innkeeper with which the consumer has contracted. If such property is lost or damaged (through no fault of the consumer) the question arises whether section 65(2) can find application. If it does, it can have significant consequences for both suppliers and consumers, but if not, then an understanding of the impact of the CPA on the use of clauses in a consumer contract excluding liability becomes even more important.

scholarly journals Fundamental Consumer Rights Under the Consumer Protection Act 68 of 2008: A Critical Overview and Analysis

2017 ◽  
Vol 13 (3) ◽  
pp. 301
Author(s):  
Wenette Jacobs ◽  
Philip N Stoop ◽  
René Van Niekerk
Keyword(s):  
South Africa ◽  
Consumer Protection ◽  
Common Law ◽  
Fair Value ◽  
Wide Field ◽  
Business Practices ◽  
Consumer Protection Act ◽  
Consumer Rights ◽  
The Common ◽  
The Government

South Africa was in need of a comprehensive framework of legislation, policies and government authorities to regulate consumer-supplier interaction. The Consumer Protection Act 68 of 2008, which was signed by the President of the Republic of South Africa on 29 April 2009 and published in the Government Gazette on 29 April 2009, now provides an extensive framework for consumer protection and aims to develop, enhance and protect the rights of consumers and to eliminate unethical suppliers and improper business practices. Certain areas of the common law regarding consumer rights have been codified by the Act and certain unfair business practices that were previously unregulated are now governed by the Act. The Act has a wide field of application. It applies to every transaction occurring within South Africa for the supply of goods or services or the promotion of goods or services and the goods or services themselves, unless the transaction is exempted from the application of the Act. The Act also specifically regulates aspects of franchise agreements. In terms of the Act, consumers obtain several new rights and some existing rights are broadened and reinforced. These rights are: the right to equality in the consumer market; privacy; choice; disclosure and information; fair and responsible marketing; fair and honest dealing; fair, just and reasonable terms and conditions; and fair value, good quality and safety. The last right in terms of the Act deals with a supplier's accountability to consumers. The authors critically analyse and discuss these rights. It is clear that the Act is written in favour of the consumer. Various provisions of the Act make inroads into the common-law position to strengthen the position of the consumer vis-à-vis the supplier and suppliers are undoubtedly facing an onerous task to prepare to comply, and eventually attempt to comply, with the Act. Although the Act has its own interpretation clause, which provides that it must be interpreted in a manner that gives effect to the purposes of the Act, the Act poses many uncertainties and interpretational and practical challenges. Many questions are therefore raised, some of which remain unanswered. These questions illustrate some of the uncertainties concerning the scope and possible interpretation of the fundamental consumer rights.

J. Offenbach’s opera “The Tales of Hoffmann”: on the question of interpretation. Part 2

2021 ◽  
pp. 41-58
Author(s):  
Natalia Yurievna Kireyeva ◽  
Angelina Leonidovna Kuts
Keyword(s):  
Female Characters ◽  
Common Thread ◽  
History Of ◽  
The Common ◽  
The Difference ◽  
Selection Of

J. Offenbach’s opera “The Tales of Hoffmann” stands out from other compositions of this genre. Because of a complicated story behind, this piece of music has several versions and, consequently, various interpretations of the plot. The opera has also other features which are described in the article. Pride of place goes to the study of sopranos. The authors detect the linkage between the main female characters (Olympia, Antonia and Giulietta). The common thread, uniting Hoffmann’s ladies, is an incidental character Stella. The three stories of the poet’s ladies are the stages of Hoffmann’s relations with Stella. Each scene of “The Tales” contains the heroine’s projection which manifests a definite trait of her character.  The ladies from “The Tales” de facto represent various traits of one girl while being de jure the main characters of each story. The composer portrays them in detail which can be seen through the difference in singing ranges and tessituras (from coloratura to lyrical-dramatic soprano). Tessitura differences along with genre duality of the opera affect the selection of expressive means. Features of opera comique allow embodying Olympia’s hardhearted mechanism from the first scene (by means of onomatopoeic elements expressed in complex coloratura passages and music ornaments). Opera lyrique develops Antonia’s inner conflict from the second scene by means of romance parties and lamentation character of music. This peculiar synthesis of both genres manifests itself in Giulietta with the irony of opera comique hidden under the haze of opera lyrique which corresponds with the essence of the heroine (third scene). The above mentioned peculiarities sometimes do not allow performing soprano parties in accordance with the composer’s idea in which the four heroines should be embodied in one solo singer. However, there’ve been lucky occasions in the history of this opera when the singers managed to implement the composer’s idea.   

12. Product Liability, Defective Premises, Interference with Land, and Defences

2019 ◽  
pp. 335-368
Author(s):  
Lucy Jones
Keyword(s):  
Consumer Protection ◽  
Product Liability ◽  
Vicarious Liability ◽  
Consumer Protection Act ◽  
Contributory Negligence ◽  
Public Nuisance ◽  
Private And Public ◽  
The Difference

This chapter discusses the difference between an action for defective products taken in the tort of negligence and an action under the Consumer Protection Act 1987. It considers the elements necessary for a claim under the Consumer Protection Act 1987 and the losses recoverable under the Act. The liability of occupiers to visitors and non-visitors (such as trespassers) under the Occupiers Liability Acts 1957 and 1984 is discussed. The chapter examines the torts of trespass to land; private and public nuisance and liability established by Rylands v Fletcher. The general defences that apply to all torts are considered, namely the defences of contributory negligence, consent, and illegality. The chapter concludes with a discussion of the meaning and extent of vicarious liability, looking at tortious actions committed by employees in the course of their employment.

14. Breach of statutory duty

Tort Law ◽  
2017 ◽  
Author(s):  
Kirsty Horsey ◽  
Erika Rackley
Keyword(s):  
Consumer Protection ◽  
Common Law ◽  
Case Law ◽  
Civil Action ◽  
Consumer Protection Act ◽  
Statutory Duty ◽  
The Common ◽  
Civil Remedy

This chapter considers the tort of breach of statutory duty. Unlike the statutory duties contained in the Occupiers’ Liability Acts 1957 and 1984 or the Consumer Protection Act 1987 where liability arises directly according to the provisions of the statute itself, in a civil action in the tort of breach of statutory duty, liability arises indirectly where a statute imposes a duty but does not identify a civil remedy in the event of its breach. The tort is a combination of statute and the tort of negligence; the duty is defined by statute, while the action lies in the common law. It should be noted that while much of the case law arises in the employment context, the tort of breach of statutory duty extends beyond this.

11. Special Liability Regimes

2017 ◽  
Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant
Keyword(s):  
Nineteenth Century ◽  
Consumer Protection ◽  
Common Law ◽  
Final Part ◽  
Consumer Protection Act ◽  
Statutory Duty ◽  
The Common ◽  
The Law

Although much of the law of tort is based upon general common law principles, there are a number of situations where special liability regimes have been created. This chapter focuses on four of these special liability regimes. The first regime to be considered is employers’ liability, whose origins lie in nineteenth-century common law. Two other special regimes are then considered: the liability of occupiers to those coming onto their land (governed by the Occupiers’ Liability Acts of 1957 and 1984) and liability in respect of defective products (governed by the Consumer Protection Act 1987). In both these areas Parliament has intervened to remedy perceived failings in the common law. The final part of this chapter considers the common law action for breach of statutory duty. This differs from the action for negligence in that the source of the defendant’s duty is not the common law; rather, the claimant’s case is founded on a breach of a duty imposed on the defendant by Parliament.

scholarly journals Two Mathematical Comments on the Thevenin Theorem: An “Algebraic Ideal” and the “Affine Nonlinearity”

2015 ◽  
Vol 2015 ◽  
pp. 1-7
Author(s):  
Emanuel Gluskin
Keyword(s):  
Circuit Theory ◽  
Biological Modeling ◽  
Common Opinion ◽  
The Subject ◽  
The Common ◽  
The Difference ◽  
Local Intensity ◽  
Algebraic Ideal ◽  
Definition Of ◽  
Internal Element

We discuss the most important and simple concept of basic circuit theory—the concept of the unideal source—or the Thevenin circuit. It is explained firstly how the Thevenin circuit can be interpreted in the algebraic sense. Then, we critically consider the common opinion that it is a linear circuit, showing that linearity (or nonlinearity) depends on the use of the port. The difference between the cases of a source being an input or an internal element (as it is in Thevenin’s circuit) is important here. The distinction in the definition of linear operator in algebra (here in system theory) and in geometry is also important for the subject, and we suggest the wide use of the concept of “affine nonlinearity.” This kind of nonlinearity should be relevant for the development of complicated circuitry (perhaps in a biological modeling context) with nonprescribed definition of subsystems, when the interpretation of a port as input or output can become dependent on the local intensity of a process.

V. On the absorption and radiation of heat by gaseous and liquid matter.—Fourth memoir

1864 ◽  
Vol 154 ◽  
pp. 201-225 ◽  
Keyword(s):  
Royal Society ◽  
Laboratory Experiments ◽  
Radiant Heat ◽  
Powerful Source ◽  
The Subject ◽  
The Common ◽  
The Difference ◽  
Volatile Liquids ◽  
Permanent Gases ◽  
Gaseous Form

The Royal Society has already done me the honour of publishing in the Philosophical Transactions three memoirs on the relations of radiant heat to the gaseous form of matter. In the first of these memoirs* it was shown that for heat emanating from the blackened surface of a cube filled with boiling water, a class of bodies which had been previously regarded as equally, and indeed, as far as laboratory experiments went, perfectly diathermic, exhibited vast differences both as regards radiation and absorption. At the common tension of one atmosphere the absorptive energy of olefiant gas, for example, was found to be 290 times that of air, while when lower pressures were employed the ratio was still greater. The reciprocity of absorption and radiation on the part of gases was also experimentally established in this first investigation. In the second inquiry† I employed a different and more powerful source of heat, my desire being to bring out with still greater decision the differences which revealed themselves in the first investigation. By carefully purifying the transparent elementary gases, and thus reducing the action upon radiant heat, the difference between them and the more strongly acting compound gases was greatly augmented. In this second inquiry, for example, olefiant gas at a pressure of one atmosphere was shown to possess 970 times the absorptive energy of atmospheric air, while it was shown to be probable that when pressures of 1/30th of an atmosphere were compared, the absorption of olefiant gas was nearly 8000 times that of air. A column of ammoniacal gas, moreover, 3 feet long, was found sensibly impervious to the heat employed in the inquiry, while the vapours of many of the volatile liquids were proved to be still more opaque to radiant heat than even the most powerfully acting permanent gases. In this second investigation, the discovery of dynamic radiation and absorption is also announced and illustrated, and the action of odours and of ozone on radiant heat is made the subject of experiment.

scholarly journals EU agricultural policy and productivity of soil in countries varying in terms of intensity of agricultural production

Management ◽  
2017 ◽  
Vol 21 (1) ◽  
pp. 250-258
Author(s):  
Katarzyna Smędzik-Ambroży ◽  
Adam Majchrzak
Keyword(s):  
Agricultural Policy ◽  
Agricultural Production ◽  
Soil Productivity ◽  
Agricultural Activity ◽  
Total Production ◽  
Statistical Assessment ◽  
The Subject ◽  
The Common ◽  
The Difference ◽  
Productivity Indicators

Summary It was emphasised in the work whether there are differences in soil productivity of FADM farms from countries belonging to EU-15 and EU-12, and whether CAP subsidies impact the degree of these differences. For this purpose, a comparative analysis was conducted for the soil productivity indicators (taking into account the value of CAP subsidies in the value of production from agricultural activity and without such subsidies) as well as a statistical assessment of differences between those indicators in EU-15 and EU-12 countries based on the Mann-Whitney U test. EU-FADN data was used in the work. The timeframe covered the period of 2007-2013, the spatial scope covered EU-27 countries while the subject scope covered farms representative for particular EU-15 and EU-12 countries. A hypothesis was made that including subsidies from the Common Agricultural Policy in the total production generated from farming causes absence of the significance of differences, in the productivity of soils from EU- 15 and EU-12 countries. As a result of the conducted analyses, it was confirmed that CAP subsidies increase the difference in the scope of soil productivity between farms from EU-15 and EU-12 countries. A bigger level of differences occurred between FADN farms from countries composing EU-15.

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