The interpretation of the notion of public interest in Polish public competition law according to the judgement of the Court of Competition and Consumer Protection of February 4, 2015 (XVII AmA 163/11)

2018 ◽  
Vol 5 (2) ◽  
pp. 131
Author(s):  
Michał RADUŁA
Keyword(s):  
Consumer Protection ◽  
Public Interest ◽  
Design Research ◽  
Medical Knowledge ◽  
Competition Law ◽  
Current Status ◽  
Market Condition ◽  
Central Position ◽  
Legal Analysis ◽  
The Public

Aim: The notion of a public interest in administrative law science and in the administration science occupies the central position in the notion chart. Consequently, it is also the main notion of public protection of competition. The legislator has not decided to present a definition of "the public interest" in the Competition and Consumer Protection Law Act. As a result, interpretation of the concept is largely dependent on the judicature. The aim of the paper is to analyse the notion of a public interest and its interpretation both in science and in practice of law application. Design / Research methods: The author's conclusions are based on analysing the pubic interest interpretation made by representatives of the doctrine and the judicature. Conclusions / findings: In consequence, the author is of very good opinion on how the notion of a public interest in the public protection of competition evolves, adapting to the current social and market condition and to the development of the competition law science. Originality / value of the article: Originality of the topic comes from the legal analysis of the controversial presentation of a correctly operating competition on the medicinal product sales market, unprecedented in the judicature, as a mechanism allowing patients to obtain health services in line with the current status of medical knowledge.

scholarly journals Tinjauan Terhadap Hukum Persaingan Usaha Di Indonesia Dari Perspektif Hukum Perlindungan Konsumen

2019 ◽  
Vol 4 (1) ◽  
pp. 19-30
Author(s):  
Desi Apriani
Keyword(s):  
Consumer Protection ◽  
Public Interest ◽  
Competition Law ◽  
Unfair Competition ◽  
Public Welfare ◽  
Business World ◽  
The Public ◽  
Fair Competition ◽  
Consumer Interests ◽  
The Law

The business world is something that cannot be separated from business competition. There are business actors who compete in a fair competition  and there are also business actors who compete in a unfair competition. This is where the importance of the presence of business competition law in a country. In Indonesia, business competition law is contained in Law Number 5 of 1999 which prohibits monopolistic practices and unfair business competition. In relation to consumer protection, Law Number 5 Year 1999 has the aim of protecting the public interest and seeking public welfare. The prohibitions in the law indirectly have a protected effect on consumer interests. Need consistency in enforcement of business competition law so that the goal of protecting consumers can be achieved optimally.

Decisions issued by the President of the Office of Competition and Consumer Protection regarding the imposition of penalty payments on entrepreneurs as a repressive sanction

2018 ◽  
Vol 5 (2) ◽  
pp. 243
Author(s):  
Ewelina DANEL
Keyword(s):  
Consumer Protection ◽  
Public Interest ◽  
Economic Freedom ◽  
Design Research ◽  
Comparative Law ◽  
The Public ◽  
Historical Method ◽  
The Law ◽  
Teleological Interpretation ◽  
Unintentional Action

Aim:The purpose of this paper is to draw attention to the nature of decisions issued by the President of the Office of Competition and Consumer Protection regarding the imposition of penalty payments on entrepreneurs for infringements of the Protection of Competition and Consumers Act of February 26, 2007, which is one of the indications of restrictions on economic freedom. Special attention has been paid to the criteria applied by the President of the OCCP for imposing penalty payments while indicating the changes introduced by amendments to the Act  which came into force on January 18, 2015. Design / Research methods:Legal historical method, systematic and teleological interpretation, comparative law Conclusions / findings:Both the rules and the criteria required to be applied by the President of the OCCP when inflicting punishment are included in a catalogue of directives in Article 111 of CCPA. In the catalogue, the legislator attaches particular importance to the premise consisting in a breach of provisions of the law and a previous breach of the same legal act while other elements, separate for each type of breach, are specified later on, imposing on the President of the OCCP the obligation to consider both attenuating circumstances and aggravating circumstances when deciding on the degree (amount) of the penalty. Irrespective of the above, due to the open catalogue of circumstances affecting the gravity of the penalty, the President of the OCCP may also consider some circumstances indirectly implied in the act and developed by the judiciary decisions, which include the type of non-compliance or breach, the degree of violating the public interest, intentional or unintentional action orduration of the breach. Originality / value of the article:To signal criteria changes applied by the President of the OCCP for imposing penalty payments while indicating the changes introduced by amendments to the Act, which came into force on 18 January 2015.

Bid rigging in public procurement market according to the decisions of the President of the Office of Competition and Consumer Protection

2018 ◽  
Vol 5 (2) ◽  
pp. 161
Author(s):  
Konrad RÓŻOWICZ
Keyword(s):  
Decision Making ◽  
Comparative Analysis ◽  
Consumer Protection ◽  
Design Research ◽  
Public Procurement ◽  
Appeal Chamber ◽  
Interesting Issue ◽  
Market Control ◽  
The Public ◽  
Bid Rigging

Aim: In the practice of awarding public contracts, sometimes the behavior of market actors, instead of competing with other entities, are aimed at illegal cooperation, including bid rigging. The above shows that healthy competition is not possible without efficient market control. In public procurement market this control is, primarily, carried out by public procurement entities: the President of the Public Procurement Office (Prezes UZP) and the National Appeal Chamber (KIO), and furthermore by President od the Office of Competition (Prezes UOKiK) and Consumer Protection and the Court od Competition and Consumer Protection. and Consumer Protection (SOKiK). The interesting issue is how the activities of the President of Office of Competition and Consumer Protection targeted  to contend with bid rigging affects on the activities of President of the Public Procurement Office (Prezes UZP) or the National Appeal Chamber (KIO). Design / Research methods: analysis and comparison decisions/ judgment issued by the President of the Public Procurement Office, National Appeal Chamber, the President of  the Office of Competition and Consumer Protection and the Court of Competition and Consumer Protection. Conclusions: The analysis has shown that the existence of specificities in the activities of the decision-making bodies and the judgments examined. However, in keeping with the specificity of the forms and objectives of control, these entities should cooperate, to a greater extent than before. Expanding the scope of cooperation would make it possible to better contend with bid rigging without changing the competition protection model. The introduction of institutionalized instruments for cooperation between the authorities seems to be valuable in terms of system solutions. Value of the article: The main value of the article is the comparison of selectively selected decisions and judgments representative of the problem under consideration and their comparative analysis in order to achieve the research objectives. The article deals with issues relevant to both public procurement practitioners and the state bodies dealing with procurement matters.

scholarly journals Public Interest Opposite the Freedom of Contractual Will in Administrative Contracts in the Republic of Albania

2017 ◽  
Vol 6 (s2) ◽  
pp. 37-48
Author(s):  
Artan Spahiu
Keyword(s):  
Public Interest ◽  
Legal Framework ◽  
The State ◽  
Private Law ◽  
Legal Analysis ◽  
Administrative Contract ◽  
The Public ◽  
General Arrangement ◽  
Role Of The State ◽  
The Republic

Abstract The protection of the public interest is the main principle governing the activity regulation of the administrative bodies. This activity, traditionally, has been developed through administrative acts, as an expression of the unilateral and authoritarian willpower of public authority, which creates legal consequences. The administrative act has been and remains the most important instrument for the administration bodies to accomplish their mission, but it is no longer effective. Particularly this lack of efficiency is noticed in recent years when the development of the economy and the needs of the evergrowing society have prompted the administration to adapt its activity by making use of other mechanisms “borrowed” from private law. An important part of public activity can also be achieved through the contract as a way that brings the state closer to the private, mitigating its dominant position and leaving space for the efficiency of private activity to fulfil public engagements. Such contracts today are known as “administrative contracts” or “public contracts”. The terms mentioned above are instruments that establish legal relations, for the regulation of which the principle of public interest is opposed and competes with the principle of freedom of the contractual willpower. The regulation of these types of contracts is reached through the private law, which constitutes the general normative framework of contracts (lex generalis) even for the administrative contracts. But this general arrangement will have effect for as long as it does not contradict the imperative provisions of the specific act of public law (lex specialis), which regulates the administrative procedure for the completion of these contracts. This paper aims to bring to the spotlight the way our legislation predict and regulates administrative contracts, by emphasising particularly the features of their dualistic nature. The coexistence and competition of the principles of the freedom of contractual willpower and the protection of the public interest, evidenced in administrative contracts, is presented in this paper through the legal analysis of the Albanian legal framework which regulates these contracts. Under the terms when the role of the state in providing public services tends to increase and our legislation aims the harmonization in accord with the European legislation, it is necessary to improve the administrative contract regulation and extend its scope of action.

Gambling control regimes

2018 ◽  
pp. 139-158
Author(s):  
Pekka Sulkunen ◽  
Thomas F. Babor ◽  
Jenny Cisneros Örnberg ◽  
Michael Egerer ◽  
Matilda Hellman ◽  
...  
Keyword(s):  
Public Policy ◽  
Consumer Protection ◽  
Public Interest ◽  
Government Regulation ◽  
Public And Private ◽  
Control Structures ◽  
The Public ◽  
Gambling Regulation ◽  
Pros And Cons ◽  
Private Actors

This chapter explores gambling regulation regimes, looking at the different control structures used, and their effectiveness in serving the public interest. Gambling has always been regulated by public policy, and in whichever way the industry is developing, government regulation is always involved. Regimes of gambling regulation involve both public and private actors and institutions. Public monopolies may be stronger in the area of consumer protection than restrictive licensing, associations-based operations or competitive markets. In considering the choice of regulation regime, policymakers would be well advised not to weigh the pros and cons or the costs and benefits of legal gambling in itself but to consider whether it is the best way to achieve the public interest goals compared to the alternatives.

scholarly journals The legal assessment of the crime of commercial advertising against public order and public morality

2019 ◽  
Vol 5 (1) ◽  
pp. 29
Author(s):  
Mohammed Rashid Hassan Al jaff ◽  
Sarbast Taha Sharif
Keyword(s):  
Consumer Protection ◽  
Public Interest ◽  
Human Dignity ◽  
Public Order ◽  
Legal Certainty ◽  
Public Morality ◽  
The Public ◽  
Legal Assessment ◽  
Commercial Advertising

in this research we will examine the legal dimensions of this contemporary crime in Iraqi consumer protection law which was ordered in 2010 .then we will focus on the criminal framework of the mentioned crime clarifying its elements , in addition to that we will make controversial discussion regarding the determination of the crime . in this research we will make a presumption by which we will spouse that the commercial advertisements must be suitable with the public interest criteria and human dignity. thus by increasing of this commercial practices without controlling, consequently the legislator must enact the proportionate rules with depending on legal certainty. At al we will strive to clarify all these problematic issues in this research.

scholarly journals ISSUES ON LEGAL PROTECTION OF PERSONS REPORTING CORRUPTION

2015 ◽  
Vol 1 (4) ◽  
pp. 0-0
Author(s):  
Екатерина Спектор ◽  
YEkatyerina Spyektor ◽  
Вячеслав Севальнев ◽  
Vyacheslav Sevalnev
Keyword(s):  
Public Interest ◽  
Legal Protection ◽  
Research Paper ◽  
The State ◽  
Institutional Framework ◽  
Legal Analysis ◽  
Protective Mechanisms ◽  
The Public ◽  
Compensation Mechanisms ◽  
Health Damage

This research paper explores the issue of legal and institutional framework for the protection of persons reporting corruption offenses in the public interest and to the state. This research is based on comparative legal analysis of the legislation in Russia and China. Authors explore ways of communication (internal and external), the creation of protective mechanisms that ensure safety of persons reporting corruption offenses, and measures to support them. Besides, this research is also aimed at searching solutions for establishing compensation mechanisms for such persons for the suffered material and health damage, which can result from reporting corruption offense.

scholarly journals Basic of Medicinal Products Reimbursement: A Comparative-legal Analysis to Ukraine: An update

2021 ◽  
Vol 14 (02) ◽  
pp. 761-769
Author(s):  
Nataliia Maika ◽  
Natalia Kalyniuk ◽  
Valentyna Sloma ◽  
Liudmyla Sheremeta ◽  
Leonid Kravchuk ◽  
...  
Keyword(s):  
Health Care ◽  
Health Care System ◽  
Medical Knowledge ◽  
Medical Professionals ◽  
Legal Analysis ◽  
Medicinal Products ◽  
Drug Reimbursement ◽  
The Public ◽  
Legal Method ◽  
Interdisciplinary Integration

The feasibility of training future medical professionals on the basis of interdisciplinary integration is explored in the article. Analyzed through the lens of medical knowledge in legal knowledge, drug reimbursement as a process by which the health care system affects the availability of medicines and medical services to the public. The peculiarities of drug reimbursement in Ukraine have been investigated using the comparative legal method.

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