1,720,956 research outputs found

    The Separation of Competition Law Enforcement Powers Between Competition and Regulatory Authorities in Georgia

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    The presented work is focused on researching the essence of public enforcement of Georgia’s competition legislation, its mechanisms, and the issue of separating its enforcement competencies between the respective state authorities. In 2020, the Georgian Law on Competition underwent comprehensive reform. This reform introduced a unique approach to the enforcement of said Law. In particular, the Competition and Consumer Protection Agency and the National Regulatory Authorities were defined as executive bodies of the Georgian Law on Competition. Furthermore, due to these reforms, the law now envisages many procedures and methods to separate the enforcement competencies between these state bodies. However, the relevant procedural provisions do not provide a straightforward solution to all the issues related to the separation of competencies. In the last five years, it has been seen that such gaps have led to significant issues in practice. Therefore, the sole purpose of the presented paper is to study these problems and offer relevant scientific solutions.The presented work is focused on researching the essence of public enforcement of Georgia’s competition legislation, its mechanisms, and the issue of separating its enforcement competencies between the respective state authorities. In 2020, the Georgian Law on Competition underwent comprehensive reform. This reform introduced a unique approach to the enforcement of said Law. In particular, the Competition and Consumer Protection Agency and the National Regulatory Authorities were defined as executive bodies of the Georgian Law on Competition. Furthermore, due to these reforms, the law now envisages many procedures and methods to separate the enforcement competencies between these state bodies. However, the relevant procedural provisions do not provide a straightforward solution to all the issues related to the separation of competencies. In the last five years, it has been seen that such gaps have led to significant issues in practice. Therefore, the sole purpose of the presented paper is to study these problems and offer relevant scientific solutions

    EXAGGERATION OF INFORMATION AS AN EXCLUDING FACTOR IN THE QUALIFICATION OF ADVERTISING AS AN UNFAIR COMMERCIAL PRACTICE

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    The article offers a legal analysis of advertising as a form of commercial activity and examines its qualification as an unfair commercial practice under Georgian consumer protection legislation and the standards of the UCPD Directive. It demonstrates that the assessment of advertising as unfair depends on two essential prerequisites: (1) a dishonest act by the trader (a breach of professional diligence) and (2) an adverse change in the consumer’s economic behavior. The article argues that the term “good faith” in Article 24 of the Georgian Law on Consumer Protection should be replaced with “professional diligence” in order to eliminate conceptual inconsistency and align the national framework with UCPD standards. The paper further identifies two distinct benchmarks: the average consumer for the general market and the vulnerable consumer in contexts requiring special protection. It also highlights a legislative shortcoming, namely the use of the term “conclusion of the deal” instead of “transactional decision,” which unduly narrows the scope of consumer protection.The third part of the article examines exaggerated advertising, showing that its legal assessment depends on the subjective perception of the average consumer, which is closely linked to cultural and linguistic context. The article concludes that once commercial communication is classified as exaggerated advertising, it inherently excludes both dishonesty and the capacity to adversely influence the consumer’s economic behaviour and, therefore, cannot satisfy the criteria for an unfair commercial practiceThe article offers a legal analysis of advertising as a form of commercial activity and examines its qualification as an unfair commercial practice under Georgian consumer protection legislation and the standards of the UCPD Directive. It demonstrates that the assessment of advertising as unfair depends on two essential prerequisites: (1) a dishonest act by the trader (a breach of professional diligence) and (2) an adverse change in the consumer’s economic behavior. The article argues that the term “good faith” in Article 24 of the Georgian Law on Consumer Protection should be replaced with “professional diligence” in order to eliminate conceptual inconsistency and align the national framework with UCPD standards. The paper further identifies two distinct benchmarks: the average consumer for the general market and the vulnerable consumer in contexts requiring special protection. It also highlights a legislative shortcoming, namely the use of the term “conclusion of the deal” instead of “transactional decision,” which unduly narrows the scope of consumer protection.The third part of the article examines exaggerated advertising, showing that its legal assessment depends on the subjective perception of the average consumer, which is closely linked to cultural and linguistic context. The article concludes that once commercial communication is classified as exaggerated advertising, it inherently excludes both dishonesty and the capacity to adversely influence the consumer’s economic behaviour and, therefore, cannot satisfy the criteria for an unfair commercial practic

    The Term of Undertaking in Georgian Competition Law

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    ევროკავშირთან ასოცირების რეჟიმმა საქართველო ყოვლისმომცველი კონკურენციის კანონმდებლობის შექმნის ვალდებულებისა და გარკვეულწილად, ქართული კონკურენციის სამართლის ევროკავშირის სამართალთან დაახლოების აუცილებლობის წინაშე დააყენა. სრულფასოვანი დაახლოების პროცესში კი მნიშვნელოვანია ევროკავშირისა და მისი წევრი სახელმწიფოების მოწინავე პრაქტიკისა და იურიდიული მეცნიერების მიღწევებზე დაყრდნობით კონკურენციის სამართლისთვის აუცილებელი ცნებებისა და კატეგორიების ანალიზი. სწორედ ამ მიზნის მიღწევას ემსახურება წინამდებარე ნაშრომი, რომელშიც ეკონომიკური აგენტის სახით განხილულია კონკურენციის სამართლის ერთ-ერთი ძირითადი ინსტიტუტი. ამასთან, საუკეთესო ევროპული მიდგომების საფუძველზე ერთმანეთისგან გამიჯნულია ეკონომიკური აგენტის ინსტიტუციონალური და ფუნქციონალური გაგება და წარმოჩენილია მისი რელატიური ბუნება. ეკონომიკური აგენტის ცნებასთან მიმართებაში ასევე განხილულია კონკურენციის სამართალში დამკვიდრებული ერთ-ერთი მნიშვნელოვანი თეორია, რომელიც „ერთიანი ეკონომიკური სუბიექტის დოქტრინის“ სახელით არის ცნობილი

    Going Beyond Counting First Authors in Author Co-citation Analysis

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    The present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed

    Variations on the Author

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    “Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship

    Appropriate Similarity Measures for Author Cocitation Analysis

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    We provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis

    Dispelling the Myths Behind First-author Citation Counts

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    We conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more sophisticated methods

    Author Index

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    koamabayili/VECTRON-author-checklist: VECTRON author checklist

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    We have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
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