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Regulation of advertisements for medical products for human use focused on professionals
Laštůvková, Vlaďka ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
This thesis deals with the regulation of advertising of medicinal products aimed at healthcare professionals. The thesis is focused on a deeper analysis of selected provisions, their critical assessment in light of courts' as well as the State Institute for Drug Control's decisions and proposals of possible improvements of the current status. The aim of this thesis is to explore the scope of the current legislation and to evaluate the regulation of the advertising of medicinal products aimed at healthcare professionals from its sufficiency and appropriateness point of view. The aim is also to suggest possible solutions for improving problematic parts. The introduction briefly describes the two fundamental terms, human medicinal products and advertising, along with basic introduction of the price and reimbursement of medicinal products. The introductory section also identifies reasons for the exclusive regulation of this type of advertising. Basic aspects of the regulation are introduces as well. The following section critically evaluates the term healthcare professional in relation to the status of nurses and patients. This is followed by a summary of the basic European Union's regulation that is reflected by those Czech laws regulating advertising of medicinal products aimed at healthcare...
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European law against unfair competition
Neuvirtová, Lucie ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
Resumé European Law against Unfair Competition This thesis focuses on the regulation of law against unfair competition adopted on the European Union level. The thesis is composed of two parts - the first one introduces legislative regulation of law against unfair competition, the second part analyses legal regulation of misleading and comparative advertisement as the examples of merits of unfair competition. The first part of the thesis firstly overviews the law against unfair competition on the international level; the core of the thesis, however, lies in the overview of legislation adopted by the European Union. Within the summary of the European legislation it firstly introduces the background for the legislative activity of the European Union in the field of unfair competition. Subsequently, it is followed up by the overview of directives with the primary aim to protect European businesses and consumers against unfair competition. When introducing the directives it emphasises mainly the findings whether it was adopted under minimum or maximum harmonisation, therefore to which extend the member state legislators are free to diverge from the regulation adopted by the European Union. The aim of the forth chapter is to look at the law against unfair competition as a part of private law. The second part of...
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Special liability of businesses in dominant position
Čechráková, Iva ; Patěk, Daniel (advisor) ; Rozehnal, Aleš (referee)
Title: Special responsibility of undertaking in dominant position Author: Iva Čechráková Department: Department of Business Law Supervisor: JUDr. Daniel Patěk, Ph.D Abstract: This thesis deals with the doctrine of special responsibility of the dominant undertaking and related issues. The special responsibility of the dominant undertaking is the obligation not to allow its conduct to impair genuine undistorted competition on the common market. The doctrine of the special responsibility is tied to the prohibition on abuse of such position. One concept could not be assessed without the other, because the concept of special responsibility of the dominant undertaking is a fundamental principle for the application of the prohibition on abuse of such position. Based on that it is necessary to describe in this thesis the prohibition on abuse of dominant position together with selected prohibited practices, in which the special responsibility of the dominant undertaking is reflected. This responsibility presupposes a higher standard of vigilance reflected in the conduct of such an undertaking, because an undertaking in dominant position on the relevant market could not take all actions that the other undertakings lacking such market power could do. The question of the superdominant undertakings and the scope of...
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Stakeholder value as a new phenomenon of law of business corporations
Fencíková, Lucie ; Pelikán, Robert (advisor) ; Rozehnal, Aleš (referee)
Thesis: Stakeholder's value Goal of this thesis is to evaluate stakeholder's theory, as one of the ways of corporate governance. Shareholder model and stakeholder model dominate in corporate governance currently. At its core are two models considered competing. The method of corporate governance is largely influenced by the historical development of the legal and economic relationships in a particular nation. Therefore, before solving the very essence of stakeholder's theory, brief historical excursion into both model sis necessary. Work is divided into six chapters, first chapter is preceded by a short introduction and after sixth chapter follows the conclusion. The first chapter outlines the corporate governance as a field that is overarching stakeholder's theory. The second chapter presents the shareholder theory including its history. At the same time I try to focus on those aspects of the shareholder theory, which are in direct contrast to the stakeholder's theory. In the third chapter I describe the stakeholder's theory, including the historical context of the development of this model. In the fourth chapter I focus on a problem that accompanies stakeholder's theory: Is the purpose of the corporation to create value for its shareholders or for its stakeholders? First, though, I focus on what...
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Leniency program in competition law
Tupá, Kristýna ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
This thesis aims to provide a legal framework concerning Leniency Program which is by far one of the most successful tools in detection and prosecution of criminal cartel conduct, which has been recently perceived as one of the most important and dangerous anticompetitive conduct. Under the current system, an applicant making a leniency application will apply to seek full immunity from sanctions. If full immunity is not available, the applicant can apply for a reduction of any fine levelled against it. The study examines the level of transparency, predictability and effectiveness in the Czech Republic, European Union and United States. Chapter three provides an overview of a historical aspect of a Leniency Program including case law and recent development in each of abovementioned jurisdiction. In order to take all aspects into account, an impact of this program on human rights and recidivism is also discussed in this paper. Final chapter contains a recent development concerning Antitrust Damages Actions and rules on disclosure of evidence on leniency.
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Ethical regulation of advertising
Mackovičová, Michaela ; Rozehnal, Aleš (advisor) ; Patěk, Daniel (referee)
Ethical regulation of advertising Abstract This thesis deals with the regulation of ethical elements in advertising. Advertising is regulated by law, which protects the most important ethical interests of society that may be violated in advertising. In addition to this an important role is played by regulation standing outside the law, provided by the advertising industry itself. The aim of this paper is to analyze the current position of self-regulation of advertising in the Czech Republic and to assess whether the existing mechanisms are sufficient. This will be accomplished by illustrating the application of self-regulatory rules on specific adverts. The thesis is composed of four chapters. Chapter One defines the term advertising as a social phenomenon from a marketing practice perspective. The chapter focuses on definitions of this term provided by both national and European legislation. Chapter Two gives the definition of ethics as a theory of morality and the term good manners, which is mostly used in legal literature. After providing a brief outline of legal regulation of advertising Chapter Three analyses the most important self-regulatory body in the Czech Republic - the Czech Advertising Standards Council and its decision-making process. The thesis illustrates which ethical aspects are protected...
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Entering into a public contract
Hlaváček, David ; Horáček, Tomáš (advisor) ; Rozehnal, Aleš (referee)
Public procurement according to the Act. No. 137/2006 Coll., on public contracts, as amended, represents a distinctive contracting process characterized by a significant level of legal regulation and formalization, which differs the procedure from the standard contracting process according to the general laws. Despite this difference, public procurement is still a civil contracting process, which is by its nature a special contracting procedure to the general contracting procedure. Therefore, the subject matter of this thesis is an analysis of selected aspects, specifics, and differences of public procurement contracting procedures from genereal contracting procedures. The thesis is divided into three chapters. Chapter one deals with the position of the public procurement law in the system of law. Chapter two provides an analysis of public procurement contracting procedures aspects and specifics, and chapter three deals with the modifications of subject matter and content of public contracts. The topic is analysed both acorrding to the present public contracts act, and according to the new european public procurement directives and public contracts act bill. .
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Contractual terms aimed at the protection of a lending institution in the area of loans provided to corporations
Bártíková, Marta ; Liška, Petr (advisor) ; Rozehnal, Aleš (referee)
The thesis is focused on the analysis of legislation concerning loans and usage of contractual undertakings for the purpose of protection of the credit institution in the field of loans provided to corporations. Loan represent an economic tool that enables to provide a temporarily unused financial sources to another subject based on agreed terms and returnable character for the consideration in the form of interest payment. Corporation represent a form of legal person that is based on organized association of persons (physical and legal). The credit institution is exposed to a number of risks in relation to loans business. In the forefront it is exposed to the credit risk of non-payment of the debt by the debtor at maturity date mainly because of factual inability (deficient sources) to repay the debt. The credit institution is next to the credit risk exposed to other risks - liquidity risk, market risks (interest and exchange rate risk) and risk of changes of legislation (regulatory environment). Analysis of applicable contractual undertakings for the purpose of reduction of credit and other risks represent the main focus of the thesis. The thesis is in this context focused also on the economic aspects next to the legal issues, especially risk analysis beforehand of the application of the...
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Legal aspects of dominant position
Topinková, Kateřina ; Horáček, Vít (advisor) ; Rozehnal, Aleš (referee)
Smyslem práce bylo popsat a kriticky zhodnotit právní úpravu dominantního postavení a s ním úzce spojené vymezení relevantního trhu v prostředí České republiky, Evropské unie a kolébky moderního antitrustového zákonodárství Spojených států amerických. Důraz byl kladen na komparativní analýzu systémů, zejména co se týče vymezení klíčových pojmů a celkového přístupu. Nastíněn byl historický vývoj soutěžního práva se zaměřením na dominantní postavení, jehož určení může mít pro soutěžitele nepříjemné následky a nutnost větší opatrnosti. Následně byly podrobněji představeny úpravy ve vymezených systémech s ohledem na zásadní otázky stanovení dominantního postavení na trhu současně s podrobným představením vymezování relevantního trhu, kde se následně dominance určuje, přes průběžné objasňování a diskutování dalších pojmů v právních předpisech využívaných. Značný prostor byl věnován problematice substituovatelnosti výrobků a služeb, který představoval základní úskalí při vymezování relevantního trhu. Při výkladu bylo pracováno zejména s právními předpisy, klíčovými rozhodnutími soudních orgánů, doplňkovými výkladovými materiály a odbornou literaturou. Práce také částečně hodnotí účelnost a funkčnost úpravy. V praktické části práce byly rozebrány dva vzorové případy Úřadu pro ochranu hospodářské soutěže,...
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Institutes related to the tender price in the award procedures of public contracts
Stowasser, Marek ; Horáček, Tomáš (advisor) ; Rozehnal, Aleš (referee)
The main aim of this diploma thesis is to provide a comprehensive analysis of selected institutes related to the tender price in the award procedures of public contracts in the light of the new Act No. 134/2016 Coll., on public procurement, with its main focus on evaluation of impacts of the new legislation and identification of its potential risks, while its partial focus lies in comparison with previous legislation, i.e. Act No. 137/2006 Coll., on public procurement, as amended, and assessment of usage of up to now decision practice of the Office for the Protection of Competition and case law of administrative courts. The first chapter deals with a brief overview of the public procurement legislation, its aims and purposes and identification of elementary characteristics of the award procedures of public contracts. The subject of the second chapter is to analyze preliminary market consultation from the general point of view and simultaneously to provide an analysis with a focus on its application, practical execution, benefits and drawbacks related thereto and its influence on the procurement procedures. The third chapter deals with the estimated value of public contracts, rules of its calculation, the issue of division of public contracts and its influence on tender prices. The fourth chapter...
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