Nowe warunki prawne świadczenia usług dostępu do Internetu

Author(s): Stanisław Piątek / Language(s): Polish Issue: 6/2016

Article presents the consequences of EU regulation 2015/2120 concerning open internet access for providers of access services and end-users. The scope and legal character of new rules are discussed. Elaborated are guarantees for end-users and restrictions imposed on service providers concerning traffic management measures. The article explains effects of new rules concerning content of contracts and enforcement of service provider’s responsibility for non-performance of quality requirements of service contracts. The BEREC guidelines regarding the monitoring and enforcing the regulation were presented.

Rola dojrzałości reżimu regulacyjnego w deregulowaniu sektora na przykładzie łączności elektronicznej

Author(s): Maria Dąbrowa,Renata Śliwa / Language(s): Polish Issue: 6/2016

There is an endeavor undertaken in the paper to outline the relations between deregulation phenomenon and the level of regulatory infrastructure maturity. The content of the article introduces the description of regulatory infrastructure, the methods if its presentation as well as the analytical approach to the relations between deregulation and regulatory infrastructure in telecommunications sector. The empirical analysis was directed to verify the hypothesis on the possible, positive impacts of the maturity of regulatory infrastructure on the scale of deregulation in telecommunications. The notions of the scale of deregulation and the condition of sectoral regulator were defined. The methodology of the analysis encompasses the period of 2000-2014 and the data reported within OECD databases which are complete and comparable for a particular countries. The aim of the article is the presentation of the effects of the analysis based on the research question: Does the maturity of regulatory infrastructure translate into the scale of deregulation in telecommunications sector?

Tajemnica dziennikarska w kodeksach etyki zawodowej

Author(s): Ewa Galewska / Language(s): Polish Issue: 6/2016

Journalistic confidentiality and revealing information constituting thereof should be examined not only as a legal problem but also issue of highly important meaning in the light of journalists’ professional ethics. Journalists select values they intend to protect. When selecting such values journalists should apply provisions of law that are of key importance here. Provisions of law however should be complemented by norms of professional ethics aiming at supporting journalists making such difficult selection.

Tajemnica pocztowa i jej prawna ochrona

Author(s): Mariusz Czyżak / Language(s): Polish Issue: 6/2016

The notion of the postal secrecy and instruments of its legal protection are discussed in the article. The obligations of postal operators to protect the postal secrecy and the penal consequences of administrative and criminal law on account of the postal secrecy contravention are presented. In the article it was also indicated that the protection of the postal secrecy does not lose its importance considering an increase of the volume of courier services related to the development of electronic commerce

Kierunki zmian ustawy o wspieraniu rozwoju usług i sieci telekomunikacyjnych

Author(s): Wojciech Dziomdziora / Language(s): Polish Issue: 6/2016

The article presents the main changes to the law on supporting the development of broadband services and networks. Changes in the subject and object scope of the Act were described. Article presents the definition of the technical infrastructure – as a new concept in the law Discussed is the principle of access to technical infrastructure and issues of information obligations imposed on operators, and telecommunications company’s right to inspect the technical infrastructure. Separate paragraph is devoted to the protection of infrastructure because of safety, health, defense and public order. Briefly presented are provisions on the point of information for telecommunications. The article also presents the new rules on coordination of construction works.

Połączenia do numerów niegeograficznych.

Author(s): Łukasz Pirożek / Language(s): Polish Issue: 6/2016

Wadliwe uzasadnienie jako postawa unieważnienia decyzji Komisji Europejskiej w świetle aktualnego orzecznictwa TSUE dotyczącego kontroli przedsiębiorstw

Author(s): Marta de Bazelaire de Ruppierre / Language(s): Polish Issue: 7/2016

This article aims to analyse the European Commission’s obligation to state the reasons for decision issued in connection with the control of an undertaking suspected of anti-competitive activities. It indicates requirements that statement of reasons has to meet in order to remain in conformity with Article 296 TFEU and the case-law, as well as depicts the criteria of assessment used by the CJEU to verify the fulfilment of those conditions. It also addresses the issue of legal effects of the judgment annulling the decision and it ponders on the effectiveness of the protection of the rights of undertakings

Metody ustalania podejrzenia istnienia zmowy przetargowej

Author(s): Joanna Piechucka,Marta Stryszowska / Language(s): Polish Issue: 7/2016

The present article discusses the use of tools of economic analysis to detect bid rigging by taking a two-step approach. Firstly, the structural approach to identify markets that are more susceptible to bid rigging is presented. Secondly, the behavioral approach consisting of identifying suspicious behavior in tenders is discussed. Within the latter approach, tools for the identification of suspicious bid rigging patterns, price variance analysis and other tests used to study whether bidding behavior is more consistent with collusion rather than competition are analyzed. Finally, the extent to which tools of economic analysis could be used in practice by competition authorities in detecting bid rigging behavior is commented.

Utrudnianie dostępu do rynku jako przesłanka czynu nieuczciwej konkurencji polegającego na pobieraniu opłat półkowych podlegająca każdorazowemu badaniu

Author(s): Joanna Affre,Joanna Piechucka,Marta Stryszowska,Piotr Skołubowicz / Language(s): Polish Issue: 7/2016

Article concerns ways of examination, when the unfair competition practice set forth in the article 15 sec. 1 p. 4 of Combating Unfair Competition Act takes place. Authors present different views on meaning of “impeding market access” in this provision and support the concept that it should be considered as one of prerequisites of committing this practice. They also explain why this prerequisite should be examined in every case before the court. Further, authors describe how, with the economical approach, this examination can be executed

Ograniczenia konkurencji w porozumieniach wertykalnych – czy jest miejsce na badanie skutku? Uwagi w świetle ostatniego orzecznictwa sądów polskich i TSUE

Author(s): Katarzyna Górna,Małgorzata Kozak,Anna Wawruch / Language(s): Polish Issue: 7/2016

The subject of this article is to examine the current judicial practice of Polish common courts and the ECJ on the agreements that restrict competition by object or by effect. The article discusses the decisions and judgements, the content of which confirms that in the absence of that agreement to be restrictive of competition by object, it is necessary to carry out an extensive analysis of the economic and legal environment of the agreement for the assessment of its possible anti-competitive effects. The analysis leads to the conclusion that in the recent case law there is still a noticeable tendency to blur the boundary between these two types of anti-competitive agreements and a tendency to adopt simplifications assuming that if there is no certainty as to the validity of the qualification of an agreement as violation “by object”, its anti-competitive effects are shown.

Postępowanie antymonopolowe w sprawach koncentracji a dostęp do informacji publicznej

Author(s): Aleksandra Kędzior / Language(s): Polish Issue: 7/2016

Kontrola w toku postępowania przed Prezesem UOKiK.

Author(s): Dariusz Aziewicz / Language(s): Polish Issue: 7/2016

Jan Szczodrowski, Kontrola rynków oligopolistycznych w prawie konkurencji, LEX a Wolters Kluwer Business, Warszawa 2015, s. 350

Author(s): Konrad Kohutek / Language(s): Polish Issue: 7/2016

Anna M. Nolan, Unijne prawo konkurencji. Efektywność systemu odesłań spraw dotyczących koncentracji przedsiębiorstw, C.H. Beck, Warszawa 2015, s. 228

Author(s): Dariusz Aziewicz / Language(s): Polish Issue: 7/2016

Naruszenie patentu na drugie zastosowanie medyczne w świetle systemu refundacyjnego

Author(s): Marek Świerczyński / Language(s): Polish Issue: 8/2016

This paper relates to patent infringements on second medical use in the light of competition law and the reimbursement system. It is inspired by two recent rulings delivered by English and Dutch courts. They have considered whether the sale of generic drugs may be regarded as an infringement of a patent relating to a second medical use (not indicated on the labels) in situations where the facts of the case showed that these drugs have actually been used in a way covered by this patent (i.e. off-label use). In the light of these rulings, the main purpose of this paper is to answer the question whether it is appropriate, in the light of competition law, to limit the scope of the patent on second medical use in situations where drugs based on the substance are subject to reimbursement, in order to provide wider access to these drugs to patients

Zakaz reklamy aptek i ich działalności – geneza wprowadzenia i ocena regulacji

Author(s): Joanna Wiszniewska / Language(s): Polish Issue: 8/2016

The main purpose of this paper is to present the origin of the introduction of the prohibition of pharmacy advertising into the Polish legal system. The first part discusses the reasons why the partial prohibition of pharmacy advertising, related to reimbursed drugs, was implemented in 2007. The paper then focuses on the absolute prohibition of the advertising of pharmacies and their operations introduced in 2012, which constitutes the strictest regulation of such kind in Europe. This will give the opportunity to critically examine both the law and its implementation. In conclusion, the current initiatives to abolish the regulation will be presented

Problematyka reklamy produktów leczniczych w Internecie – krytyczna analiza

Author(s): Mikołaj Rajca / Language(s): Polish Issue: 8/2016

Advertising medicinal products en bloc generates a great deal of heated debate among professionals of various scientific orientations. In spite of this fact, on 2 July 2016, the Polish Minister of Health issued an ordinance summoning a special committee with the objective of preparing certain recommendations and references concerning, among others, advertising of medicinal products, dietary supplements and medical devices. The following article is structured so as to critically asses and analyze the legal framework governing the advertisement of medicinal products, with emphasis on their on-line advertisement. Particular significance is placed on: 1) the issue of pharmaceutical spam, including a discussion of the dangers it poses and the possible responses it can face, including those initiated by EU agencies (ENISA and EMA), and 2) the advertisement of medicinal products on social media (Web 2.0). The discussion provides an in-depth coverage of decisions issued by the Polish Chief Pharmacy Inspectorate (regulatory board; GIF) in relation to medicinal advertising (on-line) and features a brief summary of chosen foreign practices. The analysis also covers the issue of supervision over advertising medicinal products. In the course of the article, the author uses a formal-dogmatic assessment method, operated and supported by the legal theory of law in action, in order to close the article with conclusions and de lege ferenda postulates

Sprzedaż leków na odległość– regulacje krajowe

Author(s): Zbigniew Więckowski / Language(s): Polish Issue: 8/2016

The subject matter of this article concerns the question of distance selling of medicinal products considered from the perspective of national legislation. The author analyzes in detail the provisions of the Polish Pharmaceutical Law and the Ordinance of the Minister of Health of 26 March 2015 on mail-order sales of medicinal products in order to find the answer to the question why pharmacists show little interest in further developing this distribution channel for medicine. The author focuses also on the analysis of the provisions governing mail-order sales of medicines in terms of ensuring patient safety

Odpowiedzialność zbywcy za produkt niebezpieczny sprowadzony przez niego do Polski z innego państwa członkowskiego Unii Europejskiej

Author(s): Ewa Rutkowska,Barbara Trabszys / Language(s): Polish Issue: 8/2016

The article presents the problem of the incompatibility of the manner of the implementation of the term ‘importer’ into Polish law with respect to the issue of liability for a hazardous product with the provisions of Directive 374/85, and the problems which arise as a result with regard to liability of sellers bringing a product into Poland from another EU Member State. The article provides a proposal for the interpretation of the term ‘importer’ under Article 4495 § 2 of the Civil Code, until the necessary legislative change is made that would ensure the compliance of the Polish law with Directive 374/85

Konsekwencje nowej ustawy refundacyjnej dla pacjentów i płatnika

Author(s): Józef Haczyński,Zofia Skrzypczak / Language(s): Polish Issue: 8/2016

The Act on the Reimbursement of Medicines, Foodstuffs Intended for Particular Nutritional Uses and Medical Devices came into force on 1 January 2012. Its purpose was to transform the Polish medicine reimbursement so that the available public funds corresponded as closely as possible to the current social needs in the supply of refunded products. The consequence of the new reimbursement act – experienced painfully by patients - was a decrease in the share of reimbursement (and thus increase in patients’ contribution) in the value of the purchased medicine on prescription (Rx).