1,720,955 research outputs found
Abuso di posizione dominante e tutela dell'accesso al farmaco: prospettive e limiti
Get PDFIl quesito attorno al quale si articola il lavoro è se nell'interpretazione del diritto della concorrenza vi sia spazio per accordare rilevanza a regole e aspettative condivise nella società in cui esso trova applicazione. La questione è importante perché tali regole ed aspettative, che nel lavoro vengono denominate "valori sociali", trovano oggi ostruite le proprie tradizionali vie di accesso alla tutela giuridica.
Si è quindi scelto di analizzare alcune recenti ipotesi di antitrust enforcement per verificare se il percorso interpretativo prospettato sia già stato intrapreso. Ciò ha reso necessario circoscrivere la domanda di ricerca al valore sociale "accesso al medicinale essenziale". Inoltre, l'analisi viene condotta in relazione alla sola fattispecie dell'abuso di posizione dominante, che, per svariati motivi, è più permeabile di altre ai valori sociali.
L'analisi empirica concerne quindi alcune ipotesi di condotte unilaterali anticoncorrenziali recentemente riscontrate nel settore farmaceutico, il cui comune denominatore risiede in una lettura dell'art. 102 TFUE socialmente utile: nei casi Aspen e Pfizer-Flynn le autorità garanti hanno ravvisato negli aumenti di prezzo praticati dalle imprese, palesemente finalizzati a sfruttare i consumatori di farmaci essenziali, due ipotesi di unfair pricing; nei casi AstraZeneca e Pfizer, invece, le imprese in posizione dominante sono incorse nei rigori del diritto della concorrenza in virtù del loro comportamento opportunistico, consistente in una manomissione del sistema regolatorio del brevetto farmaceutico che ha danneggiato concorrenti, pazienti-consumatori e servizi sanitari-clienti.
Al termine del percorso argomentativo la domanda riceve risposta positiva: l'antitrust ha conferito e può effettivamente conferire rilevanza a valori ed aspirazioni latenti nel tessuto sociale. Occorre, tuttavia, una precisazione: l'ermeneutica del diritto della concorrenza trova la propria cifra caratteristica nel carattere composito della fattispecie cui accede, rispetto alla quale la teoria economica svolge il ruolo fondamentale di co-definitrice della regola. Dovendo riflettere tale complessità, l'interpretazione non può limitarsi a tendere la lettera della norma in questo o quel senso, ma deve restituire una lettura economicamente solida della condotta d'impresa vietata. Ne deriva che la teoria economica concorre a tracciare le prospettive ed i limiti dell'antitrust rispetto alla tutela ai valori sociali.The thesis aims at assessing whether social values are or can become relevant to competition law interpretation, thus constituting a theoretical effort to grant those values a further way of satisfaction. The exploration of such new path has gained importance in the last decades, due to the decline of the legal concepts that have traditionally protected the most basic social aspirations.
The question needs, however, to be circumscribed if it is to be tested empirically. Therefore, the thesis focusses on whether access to essential drugs has gained relevance to the interpretation of the abuse of dominant position.
Following the specification of the question, a few recent cases characterized by a socially oriented application of Art. 102 TFEU are examined in depth. Notably, the analysis concerns two cases of unfair pricing (Aspen and Pfzer-Flynn), as they were obviously useful to contrast the exploitative behaviour of the firms against consumers of essential medicines, as well as two cases of regulatory gaming. In our view, the latters are to be considered significant attempts to fight the opportunistic strategies of firms, which are equally detrimental to competitors as well as to patients-consumers and health care systems-clients.
The analysis leads to the conclusion that competition law interpretation can, as suggested at the start of the essay, confer relevance to some shared aspirations running deep in the social context. An element needs, however, to be taken into due consideration: the hermeneutics of competition law find its distinctive mark in the complex nature of the norm, which is co-defined by law and economics, thus making it impossible to undertake a creative interpretative process while ignoring the identity of the forbidden conduct as elaborated by the economic theory. This leads to the conclusion that the boundaries of a socially oriented interpretation mainly identify with the limits of antitrust economics
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe 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
Get PDF“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
Get PDFWe 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
Get PDFWe 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
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe 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
Author-wise bibliometric analysis based on entropy.
No full textAuthor-wise bibliometric analysis based on entropy.</p
Author Under Sail The Imagination of Jack London, 1893-1902
No full textIn Author Under Sail, Jay Williams offers the first complete literary biography of Jack London as a professional writer engaged in the labor of writing. It examines the authorial imagination in London's work, the use of imagination in both his fiction and nonfiction, and the ways he defined imagination in the creative process in his business dealings with his publishers, editors, and agents. In this first volume of a two-volume biography, Williams traverses the years 1893 to 1902, from London's "Story of a Typhoon" to The People of the Abyss. The Jack London who emerges in the pages of Author Under Sail is a writer whose partnership with publishers, most notably his productive alliance with George Brett of Macmillan, was one of the most formative in American literary history. London pioneered many author models during the heyday of realism and naturalism, blurring the boundaries of these popular genres by focusing on absorption and theatricality and the representation of the seen and unseen. London created an impassioned, sincere, and extremely personal realism unlike that of other American writers of the time. Author Under Sail is a literary tour de force that reveals the full range of London as writer, creative citizen, and entrepreneur at the same time it sheds light on the maverick side of machine-age literature.Intro -- Title Page -- Copyright Page -- Dedication -- Contents -- Acknowledgments -- Introduction -- 1. Spirit Truth -- 2. From Absorption to Theatricality and Back Again -- 3. "I Will Build a New Present" -- 4. Sons as Authors -- 5. Fathers as Publishers -- 6. The Daughter as Author -- 7. Lovers as Authors -- 8. At Sea with the Family -- 9. Yellow News, Yellow Stories -- 10. The Return Home -- Notes -- Bibliography -- Index -- About Jay WilliamsIn Author Under Sail, Jay Williams offers the first complete literary biography of Jack London as a professional writer engaged in the labor of writing. It examines the authorial imagination in London's work, the use of imagination in both his fiction and nonfiction, and the ways he defined imagination in the creative process in his business dealings with his publishers, editors, and agents. In this first volume of a two-volume biography, Williams traverses the years 1893 to 1902, from London's "Story of a Typhoon" to The People of the Abyss. The Jack London who emerges in the pages of Author Under Sail is a writer whose partnership with publishers, most notably his productive alliance with George Brett of Macmillan, was one of the most formative in American literary history. London pioneered many author models during the heyday of realism and naturalism, blurring the boundaries of these popular genres by focusing on absorption and theatricality and the representation of the seen and unseen. London created an impassioned, sincere, and extremely personal realism unlike that of other American writers of the time. Author Under Sail is a literary tour de force that reveals the full range of London as writer, creative citizen, and entrepreneur at the same time it sheds light on the maverick side of machine-age literature.Description based on publisher supplied metadata and other sources.Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, YYYY. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries
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