• Title/Summary/Keyword: Antitrust

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Review for Innovation and Patent System in the Pharmaceutical Sector

  • Minn, Mari
    • STI Policy Review
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    • v.8 no.1
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    • pp.87-112
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    • 2017
  • This study analyzes patenting practices in the pharmaceutical industry and the impacts of sequential innovation. The main argument of the research is that strategic patenting is common in the pharmaceutical sector and it is legal within the context of patent law. However, when these practices have negative effects on the competition process post-grant, the practices that are legal under patent law may come into conflict with antitrust laws, which are not applied. The study brings into question whether sequential patenting practices characteristic of the pharmaceutical industry encourage or discourage innovation, and moreover, the overall functionality of the patent system. Ultimately, the functionality of the patent system creates market incentives that neglect consumer, i.e., patient, welfare; potential solutions to deal with the shortcomings are discussed.

A Study on the Abolition of EC Regulation 4056/86 and Liner Conference (유럽의 규칙 4056/86 폐지와 해운동맹에 관한 연구)

  • Choi, Byoung-Kwon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.49
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    • pp.237-256
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    • 2011
  • A Liner Conference can be defined as "a group of two or more vessel operating carriers which provide international liner services for the carriage of cargo on a particular route or routes within specific geographical limits and which has an agreement or arrangement within the framework of which they operate under uniform or common freight rates and any other agreed conditions with respect to the provisions of the liner services". This study reviews maritime transport policy regarding liner conference and the changes in the liner market over the decades. Liner shipping industry has long been protected from competition by block exemption. The repeal of the block exemption for liner conferences and the abolition of any special EC antitrust regime for the shipping industry marks an important step in European maritime competition policy. This article examines the origins and the rationale of the EC antitrust immunity granted so far th the shipping industry and explains the causes of this historic changes. The abolition of Regulation 4056/86 and of the EU commitment to the UN Code of Conduct marks an historical evolution in international maritime policy, which will have an influence far beyond the EU.

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A study on the effects and repeal of the block exemption for liner conferences (EU의 정기선 해운동맹 포괄면제 폐지와 그 영향에 관한 연구)

  • Choi, Byoung-Kwon;Shin, Gun-Hoon;Lee, Byung-Mun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.45
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    • pp.165-188
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    • 2010
  • The repeal of the block exemption for liner conferences and the abolition of any "special EC antitrust regime" for the shipping industry marks an important step in European maritime competition policy. This article examines the origins and the rationale of the EC antitrust immunity granted so far to the shipping industry and explains the causes of this historical change. Moreover, based on the precedents which have appeared so far, a general assessment is offered under this new EC regime on agreements restricting competition in the liner shipping industry, in particular horizontal ones: conference and tariff/freight arrangements will be doomed, whereas the legitimacy of consortia agreements should not be cast in doubt; a case-by-case analysis will be the approach as regards exchange or dissemination of information by shipowners in the market, and the relevant case law which emerges on these matters in other industries will be the criterion for their evaluation. Finally, a few remarks are made in respect of the international dimension of the decision to outlaw liner conferences and hence carve out EU Member States from the UN Code of Conduct regime.

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Public Policy for Hospitals in the United States (미국의 병원정책)

  • Kwon, Soon-Man
    • Korea Journal of Hospital Management
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    • v.3 no.1
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    • pp.238-260
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    • 1998
  • This article describes the theoretical foundations of government policy for hospitals in terms of correcting market failure and enhancing equity. It then discusses the characteristics that desirable payment systems should have, and the effects of the DRG-based prospective payment system on hospital behavior, its financial performance, hospital industry, and health care expenditure. The rationales and impacts of other public policies for hospitals such as antitrust and fair trade regulation, dissemination of practice guidelines and hospital mortality information, regulation of hospital capital investment, and tax policy are also discussed.

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